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Home My WebLink AboutWZ-95-5 The Cify of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033. Phone (303) 237-6944 Applicant ~~ rvFS ~ a ~l~s Address - • ~ t,],~1rb(~ fuyQ S ~~ Phone ~tSG ~~ jq ~~ T. Gf1~EtJ U~ 7 ~. 1{ ~~& #•]vT( wr~K€wr~~•~~ o~ ~~• Naxaat~a~~~rr Owner _~gy~vfy K91CN~~~L ~CJttf,/~ ~ ddres's 3q'?S }39rr-t,t•./~GT wA, gc>Gf~hone~7 5•~' ~ •Z3 50 2,~ Location of request ~,qZS' fiat/-l-f:R~" i~i~D t~'2`f! ~ `~`an~/~~` !/f/F•4~~C/DG~ Ce~'~ Type of action requested (check one or more of the actions-listed below which pertain to your request.) ^ Change of zone or-zone conditions Variance/Waiver Site development plan approval. Nonconforming use change Special use permit Flood plain special-exception Conditional use permit interpretation of code _ Temporary use/building permit- Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final ** See att h d Solid-waste landfill/ ac e procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request ~/,v.~t, /~r~y;~,o~'.dlftrc qp} List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc NAME ADDRESS PHONE s ~ C~! L.E e,~ H u i_ L Nt na U rf .337 /i?/LL~ cT -G/.. ~iDG LD . _ ~Y~»~~ icNArt~ Fr~St,:~ 3Z5 7~ CPzw ~r ,~/ZUA7>q soa~~ I certify that the information and exhibits herewith submitted are true and correct_to_the best of my knowledge and that in filing this application I"' , am acting with the knowledge and consent of those persons listed above , without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners ust sub it power-of-attorney from the owner which approved-o£--this actin o his e lf. Signature of Applicant Subscribed and sworn to me-this- -` da o 19 /~,~~ a~ ~R Y ~t, 1. ~~••••. • ®~ Notary P is '`~ _ 7~ t~ ~r °~ pp ~~yy `` V~/ f\ . ~^ ,~ ~: My commission expires y~ate 8eceidied~' f~/' 6!1 ~ ~~ Receipt No. f~/lj] Case No. •. ~ s - y`=~©~ L [ L`~~'~ ..~ _r. '~ ~ . ~iTY d~ i~l'._.T RIQGE D ~~ ;i~`~~i= EEM FOR THE PURCHASE AND SALE OF TWO EASMENTS C. Dertina of 200 Union Blvd., Suite 430, Lakewood, CO PLANNItiG & ~~ul ~$ertina") hereby agrees to purchase, and Paul E. and Anna 'Y of 10150 W. 40th Avenue, Wheat Ridge, Colorado ("Wellers") agree to sell two certain easements on the following .terms and conditions: 1. The two subject easements are located on real property owned by the Wellers situate in Jefferson County, Colorado, and have the legal descriptions set forth in Exhibit A hereto, and will be a burden upon the Wellers' property having the legal description set forth in Exhibit B hereto. 2. Dertina will acquire the easements to provide drainage of storm runoff waters from two parcels of property he has under contract to purchase located adjacent to and west of the Weller's property, known as the Huitt and Easler properties, which contracts are to close May 1, 1995. 3. Provided Dertina closes such purchases, he agrees to pay to the Wellers in cash or certified funds within ten calendar days thereafter the sum of 55300.00, and in exchange the Wellers agree to grant to him or his assigns in perpetuity, by special warranty deed, the two drainage easements described in Exhibit A with the right to enter thereon for the purposes of their construction and maintenance. As further consideration, Dertina agrees to allow the Wellers or their assigns, at their expense, the right to hook into the sanitary sewer to be constructed in the Easler property he is purchasing, for the purpose of serving the future development of Wellers' property described in Exhibit B. n Witness Whereof the parties have executed this agreement this aday of April, 1995. ~ ~ ~~, _, . _,~ ~ ~y vid C. Dertina Paul E.9 eller 1 ~ altlo UVe ~l~ Anna N. Weller t I c ~' '' ~ ~'~ G,1;. ,~'C..1.~+~„>-.~/1' ~..~-L'~'2t~ l~~ .~$'v~~~:y~.R u'/ f~ ~.~ :t.~~) r--~tc~/t G f~ZO-Y ~(.'Lc~dz 7C' ~ .C ~/.'~C'G~ \ /.7iGC-~,h ~~ 1 {~: /12~r~~R C~'l ~i,= W~i~'""'')/~iy.~yGy~ ~t. i ~ y/ ` ~ / ~~ i ~ c~ i ~l' ` ' ~`~`~"~S" ~~ ',Lr,:u~LC -%~-~ ir'--r.-i.+-<'i) ~~r~R G~/~ici'~2~.isf v~ ~ ~, yLw--~ /L;.r~ ,~' , ~ ~ ~ /s ~--~ // ,Q / // ~/~r,Z 4 //n ry /~ l~,K"}' .I 1+~.~-~~ (/:' 'l: ~ i-1- ~-,t,.C: ~~ ~( ,Le' Y L~~ T/_!~ ~C.i-.Ci T.i'}.~ ,'/ ~ ~.c / ~-7 ~fj/J'G71v-r: 'L-1 /~'~T /~~% e'9/J/'~•1'le'.G'-j. Lfn°~ .'7-!.~ ~c I _ / ~~' r° LAND TITLE GUARANTEE COY C U S T O M E R D I S T R I B U T I O N January 26, 1995 Our Order No.: CB0432071 Property Address: 10241 WEST 38TH AVENUE ST. IVES REALTY #430 200 UNION BLVD. LAKEWOOD, CO 80228 Attn: DAVID DERTINA 303 986--9499 Copies: 1 LAND TITLE GUARANTEE - #I1 5440 WARD RD. # 200 ARVADA, CO 80002 Attn: MAGGIE 303 420-0241 ADAMS, AVERY ENGINEERING #870 1380 LAWRENCE ST. DENVER, CO 80204 Attn:. KEITH HENSEL 303 820-4454. Copies: 1 Copies: 1 L A N D ~ T L E G U A R A N T E~ C O M P A N Y THANK YOU FOR YOUR ORDER TBD COMMITMENT INVOICE Order No.- CB0432071 10241 WEST 38TH AVENUE - Charges - TBD Commitment $195.00 - - TOTAL - - $195.00..- - _ - - ****WITH YOUR-REMITTANCE PLEASE REFER TO OUR ORDER N0. CB0432071**** The charges shown on this invoice are due and payable upon receipt. Charges paid at this time will be applied to-the premium for a-.policy issued in connection with subject property within twelve months from the effective date shown on Schedule~A of the Commitment. ALA C OMMI TMENT SCHEDULE A Our Order # CB0432071 For Information Only 10241 WEST 38TH AVENUE - Charges - TBD Commitment, $195.00 - - TOTAL - - $195.00 ****WITH YOUR REMITTANCE-PLEASE REFER TO OUR ORDER N0.**** CB0432071.**** 1. Effective Date: 2. "TBD" Commitment Proposed Insured: TO BE DETERMINED January O5, 1995 at 8:00 A.M. 3. The estate or interest in the land described or referred to in__ _ this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest_cover__ed herein is at the effective date hereof vested in: RAYMOND MICHAEL EASLER 5. The land referred to in this Commitment is described as ,_I follows: THE WEST 1/2 SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED ..FEBRUARY 16, 1954 IN BOOK 843 AT PAGE 49 AND, EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR WEST 38TH AVENUE, COUNTY OF JEFFERSON, STATE OF COLORADO. PAGE 1 _ A L~ C O M M I T M E N T SCHEDULE B-1 (Requirements) Our Order # CB0432D71 _ -_ The following are the requirements to be complied with: 1. Payment to or for the: account of_the grantors or mortgagors of the full consideration for_the estate or interest to be __ insured_ 2. Proper -instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED. PURSUANT HERETO. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ADAMS AND DENVER COUNTY WILL NOT RETURN RECORDED DOCUMENTS WITHOUT A SELF-ADDRESSED STAMPED ENVELOPE. PAGE 2__ AL~ C OMMI TMENT,_~ SCHEDULE B-2 (Exceptions) Our Order # CB0432071 The policy or policies to_,be issued will ,contain exceptions to the following unless the same:are disposed of to the satisfaction of the Company: ____ , 1. Standard_Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not_yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY OR EASEMENT AS CREATED IN INSTRUMENT RECORDED APRIL 11, 1960 IN BOOK 1265_AT PAGE _389. 10. TERMS, CONDITIONS AND PROVISIONS OF DRAINAGE AND FLOOD CONTROL EASEMENT AGREEMENT RECORDED March 24, 1.981 AT RECEPTION NO. 81019528. 11. EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF DRAINAGE SYSTEM AS GRANTED TO THE CITY OF WHEAT RIDGE ,IN INSTRUMENT RECORDED APRIL 20, 1990 UNDER RECEPTION N0. 90032578. PAGE 3 L A N D ~ T L E G U A R A N T~ C O M P A N Y DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts..and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's_authorized agent.. ' ~ ~ .l LAND TITLE„GUARANTEE COY C U S T O M E R D I S T R I B U T I O N _ January 26, 1995 Property Address: 3975 MILLER _ ST. IVES REALTY #430 200 UNION BLVD. LAKEWOOD, CO 80228 Attn: DAVID DERTINA 303 986-9499. _ Copies: 1 _LAND TITLE GUARANTEE - #I1 5440 WARD RD. # 200 ARVADA, CO 80002 Attn: MAGGIE 303 420-0241 Our Order No.: CB0432072 V ADAMS, AVERY ENGINEERING #870 1380 LAWRENCE ST. DENVER, CO 80204 Attn:- KEITH HENSEL 303 820-4454 Copies: 1 Copies: l ` L A N D ~ T L E G Lj A R,A N T E. C O M P A N Y THANK YOU FOR YOUR ORDER TBD COMMITMENT INVOICE Order No.. CB0432072 _ 3975 MILLER - Charges - TBD Commitment $195.00 - - TOTAL--_- $195.00 _ ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. CB0432072**** The charges shown on this invoice are due and payable upon receipt. Charges paid at this time will be applied to the premium for a policy issued_in connection with subject property within -twelve months from the effective date shown on Schedule A of the Commitment. ., A L~ C O M M, I T ~'I E N T SCHEDULE A Our Order # CB0432072 For Information Only 3975 MILLER - Charges - __ TBD Commitment _ _ $195.00 - - TOTAL - - $195.00- _ . ****WITH YOUR .REMITTANCE PLEASE REFER TO OUR ORDER N0.**** CB0432072.**** 1. 2. Effective Date: "TBD" Commitment January O5, 1995 at 8:00 A.M. 3 4 Proposed Insured: TO BE DETERMINED The- estate or interest in_the land described or referred_to in this Commitment and covered herein~is: A Fee Simple Title to the estate or interest_covered herein is a_t the effective date hereof vested in: J. GALEN HUITT, HELEN ANN HUITT and DONNA LEE HUITT, as Joint Tenants 5. The__land referred to in this Commitment is described as follows: THE EAST 264 FEET OF_THE NORTH 750 FEET OF THE SOUTHWEST 1/4 SOUTFIEAST 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 20 FEET THEREOF AND EXCEPT THE WEST 15 FEET THEREOF AND EXCEPT THE EAST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. PAGE 1 r AL~ COMM,ITMENT • SCHEDULE B-1 - (Requirements) .Our Order # CB0432072 The following are the requirements to be complied with: 1. Payment to or for the account of-the grantors or mortgagors of the full consideration for the es_ta_te or interest to be insured. 2. Proper instrument(s) creating. the estate or interest to be insured must be executed and duly filed for: record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT. HERETO. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ADAMS AND DENVER COUNTY WILL NOT_RETURN RECORDED DOCUMENTS WITHOUT A SELF-ADDRESSED- STAMPED ENVELOPE. PAGE 2 AL~ C OMM,I TMENT SCHEDULE B-2 (Exceptions) Our Order # CB0432072 The policy_ or policies to be issued will contain exceptions to the- following unless the same are disposed of to the satisfaction of the Company: 1. Standard_Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments-not yet due or payable and special assessments not yet certified to_ahe Treasurer's office. 7. Any_unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. _ g. DEED OF TRUST DATED May 10, 1978 FROM J. GALEN HUITT, HELEN ANN HUITT and _ DONNA LEE HUITT, as Joint Tenants TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF LAKESIDE NATIONAL BANK TO SECURE THE SUM OF $32,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED May 19, 1978, UNDER RECEPTION N0. 78044779. (AFFECTS SOUTH 230 FEET OF SUBJECT PROPERTY) 10 DEED OF TRUST DATED September 11, 1985 FROM J. GALEN HUITT, HELEN ANN HUITT and DONNA LEE HUITT, as Joint_ Tenants TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF DENVER MANUFACTURERS HANOVER INDUSTRIAL BANK TO SECURE THE SUM OF $38,973.33, AND ANY,OTHER AMOUNTS PAYABLE UNDER-THE TERMS THEREOF, RECORDED September 18, 1985, UNDER RECEPTION NO. 85089287. (AFFECTS SOUTH 230 FEET OF SUBJECT PROPERTY) 11. DEED OF TRUST DATED JULY 1,.1994 FROM J. GALEN HUITT, HELEN ANN HUITT AND DONNA LEE HUITT, AS JOINT TENANTS TO THE PUBLIC TRUSTEE OF JEFFERSON: COUNTY FOR THE USE OF A&F MANAGEMENT, INC. TO SECURE THE SUM OF UNDISCLOSED RECORDED JULY 5, 1994 UNDER RECEPTION N0. 94115625. 12. (AFFECTS- SOUTH 230 FEET OF SUBJECT PROPERTY) _ '' TERMS, CONDITIONS AND PROVISIONS OF CO-PARTNERSHIP AGREEMENT BY AND BETWEEN AMMONS PARK DEVELOPMENT CO. AND J. GALEN HUITT AND HELEN A. HUITT, RECORDED APRIL 15,_1985-UNDER RECEPTION N0. 85034472. NOTE: THIS EXCEPTION WILL BE DELETED UPON RECORDATION'OF A DEED FROM AMMONS PARK DEVELOPMENT CO., CONVEYING ANY AND ALL INTEREST IN AND TO SUBJECT PROPERTY.. 13. THE EFFECT OF RIGHT OF WAY MAP AND REFERENCE MONUMENTS, RECORDED September 09, 1987, UNDER RECEPTION,NO._87114669. PAGE 3 _. -, , ... L A N D ~ T L E G U A, R A N T Fi DISCLOSURE STATEMENT Required by Senate Bi11 91-14 C O M P A N Y A) The subject_real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder; or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each__taxing jurisdiction sha11 be obtained from the County Treasurer or_the County Treasurer's authorized agent. t ,: '~.'.: RECORDED IN J1 _ ~Q~ ' COUNTY OF JEFFERSON FEE / w SE4 SURVEY DUOK STATE OF COLORADO RECEPTION NO. 87114669 PACE ~ 09/09/87 08~3R .00 ~~ tiL~-P~~ /Qco~~~- " NAME OF AGENCY ''f ~_ ^^ u n 9 ~^-' ' ~' S SVV ~. RANGE/TOWNSHIPi ~a~v i~a. ?~P,G a. l RIGHT OF WAY v }; - ' i. '. (~ LH ,~- S s. Y ~: .~_ s. ~av3~ s ~ ~3a~ F ..~-•. k~ x~'~'''f` .L6LS .S ~µ0 'Wi Tfi~ ZCi'? S ~b ..f ~ ~ . '~ -.~ ~..~_... i~,~ .:.,; ,.. ,~ ~~hR. ` t. C_~ ~O J Q~ ~ ^^ ..V 1 i ~ l O I 4 W 00 t :~, i`' ~ `° 'y .; £~;: « 5 ~~f 4. ~~ 2F ii ~~.~' S, ~G _ /v. 6 ' _'~. i4 ,F ,~. A'. ~. ~. ~i eZ ~. ~' -.: .'M• r., ti R: '' .. Y', Li Y`.'' i'. r; r: i ,~ '~' L r l~ ~~ .. ' '~'. ~ k.~:~~ ~ 'Jam ~ t ~ .f ~ .. . 'ti; ~ ~. .+. ' . #' ~.;~~ ., f ' 'h f c r~: ~: f .. ' ^ / V S,i F C ~?A ' J -1 ~ ~%aw Y ~ ~ O ~. 1 ~ z I ~~ rn !4 r ~ ~ ,:;, ~ ~' p ~ ~ ~~ ~ PIERSON ST p ~ --~ v R ~~ ar ~ 0 / -~C v " ' R ~ rn ~`: tp u a ~ V ~ ~ aY i D ^ , ~ 1 V • .. ::: .r. , ~~~ PARFET T - y ~ V ~ S y r.;. Iu' sts nx ~~ s ( ~ D T '. m ~ P(a1-13) i! ,1' ~,~ vV I~+ ~ J C~~ ~ . ' ., OWENS ST F C '3S' W. 26h7,54' ~ ~ 23' z "~ Y' a: ..~~_. -._~.._- _-- __.. .:.; ~ R O O ~ _ ~. Iv ~ ~ ~ ';'~• Q ' T ~ y~ \ I N ~ E ' •'1:~!• o ~ ~ rnD I V L T I ~ ~ 3 ~" ~~yY Sy a ~ G -i }•'...........,~ ~ ~ v T ( ~ ~ o-~r }~ ion :;. :,~,. ` a ~ ~ `~ ,' V~' .V ~ie'as• w.. 2647.54' .:..._ . r...__.._. ,~: %~ ~" is '47. :~;' ~ .. ~9 i~Y ~~ ~~ r x i ~ ' ~~ ~' _ ~o~HS sT Z -0 ' ~ ~' ~ W ~ ~~ rn (~ I mD~ ~ z fTl I orn z z ~ V /~\ " . C7 ~~~ J (Ti I O ~ . I ~ " -I o MILLER CT u Q ~ ~~ ,~ z 4 ~ a ~- C• a -~~ I ~ q \- ,tip I N r-F• `l~~ J ~ ~z ., ~ ~ ~~i ., ~, $3 n 8 ~~ a~ ~,: k. ~~ .y., .'~' ?.'P ,:` .;~ ": ~: Y. r :1 v:~~ r:'a' a v ~~ ~ ~~ Z Z ~ -~ Z ° ~ ~ ° ~ o ~ - ~ r L ~k ~.~z~~~~~s ~ n~~_ ~~~ ;~s~~~~~~~~~ ~ ,~a~~~ s ~. _ . _ y t .:. ~ ~ ~~ 's ; 44 aR ~~ ~ ~ ~ ~~ N , iililiS ~~ w~) m. ~ ,. ; ~" Y g ° + fit = o - = ~ Y- ~L C ~ ' µXy~ _ m0~ S ~ tU10 m ~ D ~ --G ~ wn ~ O1 10 ~ N _ o.~ ~ ~ n ( -1 Z ~ Z ~ L ~nrwo ~ O C7 M .f "Tm'~ N ~ ~ wRmsc S ~ iL7 O ~ fn a ~ ~ ~ n F,~~ ~ ~ N m v = ~ - ,; p O ~ .uswwni , W C O m ~ ~ . ' C ~ L N C Aux r ~ m m 4 ~ $ 9 2 $ I f'1 N ~ ~ r • i m~ ,~ ^r r 18044179 191819 IN 324 ~' r' COUnIy cf :.:•r .r. '.:a:c of Ce :.l,: DEED OF TRUST `=' ~: .4 ., THIS DEED OF TRYST i. made ihis......iantb .............. day of ........ Msy • • • • • • • • • • • • • • •, - .' 19.7,@ ., among the Grantor... d..CALhZ1. MUITT,. NRLEN .ANN. kBJZTI, .and. DONNA. LEE. HIIIITeerr.-.::• ~:x'?~: - - - - - - :Ihcrcin "Hnrmwcr' ), the Puhiic Truslce rat + s; • • • • • -- JEFF'ERSCNter--•-eetrr• • • ... .Crwnty (herein Tru.n<"1. and the Rrn¢firiary .. ........... L~'~~a r.:zeerrlNCFSIDS.NATlONAL.bANR-.::-seerr;•-•-.:~rTeer•-•'• • •-t-err.-.-.va mrp+mtian organbrd and ~•;~ existing under the Taws ot.. il:n .State. Af .Colorado ............... whore addnss is. A7A4 .Harlan St., z.p;~' . p.-.O..HOx d00, .yiheat RSdYe,. Colorado.. 8D033 ................... (hcrcin ^Lcndrr"). i.Si ~_ ,,,a . HtlRaowr t. in rnmidenlinn of !hc indchtedncss IR•rcin rnitcd anJ the truq hvcin ercatrJ, irrccrxahly grsnH and mnva•y> to Truslcc. In bust, with power of wlr. the following Jcscrihrd pn+prq) ha¢IrJ in the C'ounly of ........J6FFFASQN ........................Sore n[t'olondc: The South 230 feet of the East 264 feet of the North 750 £eet of the Southwest qu error o£ thn Southeast quarter of Section 21, Townah ip 3 South, Range 69 West of the 6th P.M., except the Amt 15 feet thereof, - and except the Easc 20 feet thereof, excluding any portion of the above deacribed property not located in the East 8 acres of the Sovth- weat quarter of the Sou theaat quarter of Section 21, Tovnehip 3 South, Range 69 Wnat of the 6th P.H., County of Jefferson, State of Colorado Together with thn Improvements eLtuated thnreon i f E. v h s r•, `i 0 v °. _ -~_. F vR xhith has the address of ........397 @ ,Mil7~eF. S.K. .............. ..........Wbe at. Ridge ............ (Sheen IC•fYl Colo do 8D0 ' ........;8 ........ .......Ihcrmn "Pn+ps•rt) AJJress ): 15np ma Z~R raeq Tewt nR.a with all the improvements now nr hereafter crcctcJ an the proPertc, anJ all easements, rights. appunenantts, rents (subleet however to the rights and authorities giscn heroin u+ LrnJer h+ cullrei anJ apply wch rents ). myatties. mineral. ~+il and gas righh unJ prolil>. water, water righn, unJ water suel, anJ ah fi V arts n~+w or hereafter atmched In the pn~perty, all of ufiich, including rcplocemenh and additions thereto, shall he deemrJ to M and remain u pun of the pmpeny eovend by this I7ecJ of '1'rusC and all of the fang,+ing, logeihcr with sail property for the IcauholJ estate if this Uecd al 'I ruse is an a IcussholJ 1 arc hcrcin nh•nvJ m as the "Pn,p:rry ": To St CURT to Lender Cal [hr repayment of the indehtrdnrss rs id. nceJ hs Hnrn+ucr i nole dati•d -""'er• „---; May,10,.19.78-'.. r. (herein "Note"), in the princpal wm uL iHSRT,X, itii0„T,ei,OU$ANiJ, A[.'D, t7Q(1Q0 -- - - --- --{$32,,000.00)------------..Ihdian, uiih innre.t then•un, pew iJing for monthly instullmrnts of principal and interest, with the halan:c of I•H~ inJchlydness, i( nnj .tenor pail. Jue unJ payable nn ,, , , , , , , , , , , , , , ~, , , , , . , ""11":"": ".: the payment of art ulhcr wms, with imcfrq thereon. aJs anccd -.-_--June 1 1998- in aetmJanec herewith to prnten the security ni Ihis lhsd of Trust. anJ We fx•rLnmanee of the aovenants and agn•rmcnts of Borrower herein anuained: and 1 h1 the repayment of any future udvanrrs. with iunn•st ihcnan. maJr to Burrower by Lcndcr pursuant b+ paragraph '_I hereof Ihcrein "Future AJsancn''y. . Hnrmwcr covenants that &+rn+wrr is Iau•tully seised of Ihr cnRnr hcrchv nntrcced anal has the rigln m grant and rnnvcy the Propc•ny, that the ProperH is unc•nrumhercJ, anJ That Horruwer will warrant and Je(rnJ generally the title to the Pmperry• against all claims and demands, whj¢rl to an)' Jad¢ratiuns, cae•mm~ts ur reslnrtiuns listed in a xhcdule of eseeplionx n+emcrage in any title insuraner pdicy inwring Lender's intcn•at in the Pn,prrty. CUlBflAUU - 1 to a gmdR-GI75- FNMRIf NIMt aNIfORM IMSCROMCNi ....- . - ivHEN RECORDED .~ y : '-ni~ . ; i ' ~ ' ~ R, - n 6 ~, ~:. ..: ii ,!; _ . '~:~ .~ ~- Denver Hanutaetut~anrxr .i COU~OF JEFFERSON -~ -~, _ ~ ~ Indust rfai bAnk ~ , STAT OF COLORADO ' "~ ; ~ Ifi40 CHampa Sc. RECEPTION N0. 83084287 s k"' D,~nver Co 80201 09/16/83 '13127 X2.00 ~~ • ~ ~ ~ ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ~'' § '7:, .... ~a, DEED OF TRUST /~G~- / ~; `* ~ TN[ LOAN flCURED fY TNIf INfTRUM ENT $If O If NOT AN AONETA lLE-RAtE LOAN. IF K If AN ADJVeTAELE•RATE LOAM, ' ~ TNC A0.1UETMENi Of THE INTEREST RATE TNROUDNOUT THE TERM OF THE LOAN MAY IUCRG6E THE AMOUNT M NUMfER '. .. -.. OF 7N[ INfTAtlsl!!Rf DU! UNDER tXE TERMf OF THE LOAN. ' THIS~EEDOFTRUSTIfmadethla Ilth deyol September 19 8 mOrN3 the Granlor(f6 J. Galen xultt- HCJ,CII.ea7Lligitt. HyaAnd and yLte and Donna Lem (heteln "OrT..:dr'~, whose eddresf is 3975 Hiller St. t7heatrider,~o 80033__ - _~uitt • .reels Pe rE411 ,Ihe Public Trustee of the _ Count' of Jef fe raon jheroin'Truslne"J, __. snd th~Beneftelary, ~n r anuf surer. xa~nover Tndua)•zjal Hank _ _ - _ (herein "Lender'), whose address is taco cxamna st. De nYSLCi9~S.g'~ single beraop _,1i0i1LII_Huiet~.tlC lca.Ann_Huitt. Hue~gnd-pn~iLCe~l7d-pgtlp_+>J.ee~jl p,i~j~rtre~n 'Bortaxer') axeculed s Promissory Note therein "Note'y psyeble to the order of Lender, dated Septsmbar~l, leas -_ __ __ _. In the,prlnclpel sum of U.S. S_36, 913.33_-__ with Interest thereon, end psyeble In accordance wish Ihe tenor of the Note, with the balance of the Indebtedness, llnot aoonorpaid, e0eand psyeble on sentembrr la ^000 .... Grantor, In consideration of the Indebtedness of Borrower end the trust herein recited, and to secure payment of Borrower's Note, and exlen sloes and renewals thereof the payment of all other sum s, with Interest thereon, advanced In eenrdende herewith to protect the secudty of this Deed of Trust: end the performance o1 the covenants and agreements of Grantor herein contained, Irrevocably grants and conveys to Trustee, In trust, with power of sale, the lollowing described pr. ~erty located In tfie County o} Je fie raon ,State of Colorado: i•'y,9f The South 23D feet of the Eaat 264 feet of [he North 750 feet of the - "'t Southwest quarter of the Southeast quarter of Section 21, Township 3 South, Range 69 (Ina[ of the 6th P.H., except the Best 15 feet thereof, end except the Eaet 20 feet thereof, excluding any port Son of Che above deaeribed property not located in the Eaet 8 acres of [he Southwest quarter of the Southeast quarter of Section 21, Township 3 South, Range a9 Weat of Che ath P.H., _~~~ County of Jefferson, Stale of Colorado. I /I I which has the address of __.~9JS Mi17,¢~ t~.Vl>Eairidge.Co.80U33- n:~+ --- - ---- Colorado -~-- (her sin "Property Address"1: _ it<cee., To have and to hold the same, together with all buildings, liztures and improvements thereon and all wate•. irrigation, drainage, reservoir or ditch rights, however evidenced. rights of way. easements, rents. Issues. profits. income, tenements, hereditaments. privileges and appurtenances, connected therewith, now or hereafter used or enjoyed with said property, or any part thereof, subject to the right power and authority hereinaher given to and conferred upon the lender to collect and a pply such rents, issues and profits (all of which is hereinafter referred to as the "Property"); m bust nevenheless, that in Ihe case of default in the payment or performance of any terms of said Note, nr any indebtedness owed Lender, or in the performance of any covenants herein or any default on any other in strwnent securiny the balance due, then upon Lender filing notice of election and demand Ior sate, said Tnrstee, after advertising notice of said weekly sale, Ior not less than four weeks, in some newspaper of general circulation in said county, shall sell said Property In the manner provided by law in effect al the time of filing Bald notice, in whole or in parcels, at public auction, for cash at any proper place designated In'he notice of sate.0ut of the proceeds of said sale, said Trustee shall, after retaining or paying first all fees, charges and costs of making said sale and advertising said Property, and attorney's tees as her e:n provided. pay to the Lender, or the legs) holder of the Note. the amount of such Indebtedness. and all monies advanced by the Lender or legal holder of the Note for insurance. repairA taxes and assessments, with interest thereon at the rate set forth in the Note secured hereby, rendering the overplus. If any, unto Ihe Grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the holder of the Certificate of Purchase a deed or deeds to the Property sold. Such deed or deeds shalt be a per petual bar against any claim of the Grantor or Grantor s heir s and essiyns (n law or in equity, arising therefrom. The Lender may purchase said Property or any part thereof at such sate. Grantor covenants and agrees that Grantor Is the owner of record of said Property In fee simple, and has good right full power and lawlul authority to grant this Deed of Trust and that the Property Is unencumbered, except for the encumbrances specif ed on any schedule of exceptions to any title commitment to insure Lender's Interest in the Property. or, it no title commitment Is obtained, subJect to encumbrances of record. Grantor covenants Ihat Grantor warrants and will delend generally the title to the Property against ell claims and demands, subject to the encumbrances specified. T. Payment of Principal and Interest. Grantor shall promptly pay or cause to be paid when due Lie principal and Interest indebtedness evldeneed by the Note and any Isle charges as provided in the Nota. . 2. Taxes, Asaea.meet^, and Charges. Grantor shall pay or cause to be paid, a:,d shall provide Lender with evidence of payment of, all lazes, assessments. and other charges, fines and imposition., attributable to the Property which may attain priority aver this Deed of Trust and leasehold paymenrs or ground rents. if any. 3. Applleallon of Payments. Lender will apply payments received. whether or not delinquent. first to any applicable late charges, nett to any interest that has accrued and is unpaid, and finally lothe unpaid balance of principal, rco.em..w.MNro wrs ~~ RECEPTION 94113623' '~ 13.00 RECORDED ~l~OONTV OF JEFFER8ON STATE OF COLORA~ 7/03 /9413,00 DEED4>F7'si1S't .r ,i. 7tIle MDLMiU~I.JYIYe Lt yd July •,n94 ,Jlrti 7. CeSJtJ Suitt rtJd Br]JJJt Ann Hunt .hrelad..r 3975 M111sr CaJrt, 4t»at Rldge, a7 80033 IweiWlr lebneb r~rer.ne YfrNe Trredhe 'Cbry'd JeffexsoJJ lerdCalr.eatre7rMeebleearl.hYe'DnJri. w71TQW' CJf4ttuLMivuwh, J. Gelen Huitt etJd Helen Alm Huitt r^..w.~w.rr.°ar.rar.,.lwrllar~earml~car Joly 1, 1994 ,e.lr ~r.J.~r known as Pxoedseory lbtar i - LV sue, ~gebrrYwerd ALF McJJegeDent, IJJC• .h..,w,~r 4837 Biller Sege Ootat, Boulder, OJ 80301 .ev Ih a ere beuL v12 beet elver a er Me der tlived J4ehle PtuetJant t7 the tnara of avid tatffi ,Wp'MHIJIW, Ihererr Y erimrdrwde, pgmer dtlr rl.dai e.E Iran drr RmberJ.ole Y ~bor heNeme.w tlr W rre rgha NA11' T!ffiREtORF.4e rrac r arieeeb dlbe PmrYV ed b the RDur danuN. doe hnehJ ves brrla eN eb erwJ rte re etle h[I<'Dnreel. v.r baeq the aGNe. eeeeribed omDrlJ. rlrr r de rc.etJ d Jefferson .e+edcdr.dib.le bee Legal Description atted+ed hereto ae EJdJiEJit A '1f(n lx+nv. Wnt`CIIJ W Nw NIA. Rea Jr-!Z JILCOp TMtIM1JReaww.)rnn Dwwer.n~etJ ,Mfor 1'rlY~hb., IJSJ R1.r JL Dever,N IO10I -nOllllLlJOJ- I1b :. rjs' i ~.. Ym Em.~.br mss rd numbetr 3375 6filler Cain. YAleet Ridge. OJ 80033 psavld Nk let dvd July GATE OHIGQIAL GRTNIFE OFQQlAL PPINt'IPAL AlDCNP ;JI3/78L~i'3s a a~a~ Ben1c 9/18/85 renter llmfufecturin9 Harotez 538,973 '+~ q . d~ilm~Ne./.da ~p~rdvad the ~t~aru~iha.fE~m e~rana:akd''O~m,rreknf.,aaoe*rmx.hlydYmWv,u ., ;..ai _ ~ ~~~ .:.:,:k.~:e 1 .. ;. htlrdfl,rdlydrttrY.eTd~werr,rt 1rY ad r4a(d ".~ ~ ~° . .hl rtlmebrpae. a~aadtua•af tle aaer laM rrrer r, daNrtr wYw Verb Ma Yaea tremru.. aad pWn,.. ~ oZ,.. Oe OeaeN Awrtlr d W 1Mra dCebda r rnf oraptba saba °bed~s of T~ns~~a.e,nn.ewa.r..u.raar •:~h- _,i.~+~mrd nerve= ..W'~aw'. e•:41 19 4 rkra~,iy~a¢;,t..ua~-+eyedeer~meu+k Lst lard July 9 to J. Galen Huitt and He]en Ann Hultt Xmv mhand rnd aeaL ~ • Mr mmmWlw aphee 2-10-95 e++.~r*«k - Iw,ri Aee.. drtnea Cisdµ>+~cnm.et~ o.~*Mb n H]ilr.f. C.iil ~ j g II i I r. d Y $g Pw ~~uu g .~ F p o ~ Q ~ ~ ~ V ~ 7 W kr7 ~ ~ „ I Y ~ ` I ~ 1 E ,. . AqA WM is taaeddeM1uh is mf daaH prymN.d MMpi haf l~nk,e4~~pan~lm Urn ard~in put wethe hded~iudi peinn'palmm~hembr Je+auf. ordabeaeErrkLdoe dan))dlhtwew' ae )avtenb aetvrtd and Ne Imda ILauoa m We elme dNe rle .q'r ads n Ne oRbo dNe 4W hdM tAneof. bweme due aM parahlr. W Ne ufd oenpen> tr fdd lade mannaraed wiN Um rmeeRen r ~• . ~Ju.eMndncr }ud mamM, aM Ntl if favcbametr made b! Ne Pudk Tmue, as marnertb d dt rmd xea9afable ~a fa anrltta la the mpervkbadrN faeuclowee wumedro et~be YbRd D1'th ruNieThMa r apndNe mM dfaeeb,um. nd Iffuacboatr made 0enMh tk roua a tnaotubk anapeyt ks tlun he med h ~e wvt r a pan d Ne aat dmch faaturum vimnElro. H b MYrlbdw+led aM AOM.11ut Ih tekaae dthhded dtev. Y tteryimd.the paMa M6 par Nemp~!~Ih~ ~f~a9!he~ ~~ -~ ; • ~ ~. .. , , _ M • I~ f.EfiAL ...~ . ,, r =.; . ~ 3 The Soutfi 230 feet of tM Eest 284 feet of the North 750 feet of the Southwest gwrUr o} the SoutMaat quarter of Sactbn 21, TowmMp 3 South, pangs 6g Wsst of the 6th P.M., except the Want 15 fah tharaof, and except the East 20 fast thereof, excludMg any portion of the above daacribed t rwt betted in the Eat ecra of the Southwaat qu+~ of the Soutl+aat 9c~r of Section 21, Tow!+*hiP 3 South. Range 6g West of tt+e 6th P.M. l:ouMY o} Jefferson state of Cobrsdo Together with the imPro dtuated thereon. en¢srr a ~. < ~ ~: ;. t~ si, ~~ , 3' k.::. B. yy' > Y. Y[ ~PO'~ ,r :~ RECORDED IN • ~ COIMY OF ERSON •~ - STATE OF sA00 _ ~ RECEPTION t7~ 63934472 - ,l ' '" ' -` _ -- 04/13/83 11722 9.80 ~; is Txls AGRBSMF,NT, made and anteeed inW thU daYof... .. •_. 19 ... {+ betwern Ammons Park Dweiopmamt Co., s Coloreds Partnership, and J, Galan Huitt and Helen Ae HOitt. . ..... ~ . ;~ ~-3 WITNESSLTH, 11rat the mid parties above named have agreed end by thex present do agree for themRdva and their reepecDve heirs, exrcuton and adminiatraloa b betrome co•partnca in the business of purehaeing and development the ?.15 ± acre parcel in the 4000 block of Miller Court. South o£ 41st Avenue and Saat of HS]1er .~ Court, legal description attached ns Addendum # 2 for tale as t~tm~iomes, NS13er, Court Partnership ' cars rr t e name of far the term of taro yeue .... from the date hereof, upon the krmn and conditions hereinafter R41trd. That the princlpal place of business of raid co•pertnership shell he in 9000 X, Jewell Ave. in thrCity o£ Le kewoodCounty of Je££arson , in the State o[ Colorado and that raid eo-partneahtp may extend its bueinea from time to time W other eitia, towns and coun• ; trim, na the pntlia hereto hereatkr mutually agree, That et alt Dma during the continuance of their to•pertneahip they, and each of them, w311 give their xurntion end use their, and each of their, bat endeavors, and to the utmost aC their skin and power ~t ' exert themselves for their joint interest, prof t, benefit and advantage and b the internat. profit, benefit and advantage of avid co-partnemhip. ~~ That proper boolu oC attnunf shell be kept at Die princip~! place of business of said co•partneab:p i' and thereto ahnll be duly entered from Dme !o time dl dealings, trenaectiona, matters end Dlings what• ~; eoever in or relating to sold to-partnenhip prnprr to be krpt, and each of said purtiea shall have full and ,~ tray saran thereto at all Dma, but shell not remove the same from said principal Platt of 6uninesa unlec. it Rhnll be mutually agreed that said book. may be w removed. That the capital requisite for carrying on said busiuea shell be advanced by each of said parties in the following proportions: See Addendum # 1 iI I i ~ and the said capital and ell implements, utensils end stock In tadq purchased out o[ the co~pnrtnerohip ~' ~i funds, as well as the gains end profits of said co-pertnenhip, shell belong to the acid pertia in the same ,, i. proportions. ~; That each oC the said parties ah all be enl tied to draw See Addendum # 1 dol'.nn ~ monthly [or hie own private use, on eccou rt oG but not in excess of hie presumptive share of the profits ~, w long nn the said business shall be found profitable and the capital advanced es aforesaid shall remain ,; undiminished. ~'~ That neither o[ the said co-perinea shall become bail or surrey for any other person, oar lend, spend, , i i give or make sway with any part of th'~,a: tnenhip properly, or draw or accept any bill, note, or arc .rily, I; in the name of said co-parineahip, except in the due course of said co.Perlnerehip buainesa. That an attrounl of the stock, implements and uteneila belonging to said co~partneahip, and of the '~ book drbta, end rnpilsl, shell be taken, and a atatament o[ the etCaia of said co~partnersnip Ix made Ij annually.. .. .. ...... ... ...... 1 . . .,. .. . .. ~s --IN.WITNESS WfiERF.OF, the parties h< Mo have hereunto cat their hands end nenla this day of ... .... ... A. D. 19 -~1~-,; I _ Na 46i. WrMiHG61nP ACR[RNIXr. tnMa~NFInFUR PSr K ~1~ 1,1 'y}(--SEAL) /_/~~' ,f `~r iG ~~ (SEAL) ! / 1•, .I Ae.nJ.l'I, M'I, .. ,ru,r;,, .N-1 tS ::,:: . ~.. ;'. ~. y RECEPT N0. BS®34472 '- '~ . r: ... MILLER COURT PARTNERSHIP AGREEMENT ' AUDENOUM NUMBER TWO The Eeat 264 feet of the Nurth 750 feet of the SW} SE} of , ; Section 21, ~fownahip 3 South, Renge 69 Weat of the 6th P.fd. County o f Jaffereon, State of Colorado, except the North 20 feet thereof and exeept the Weet 15 feet Lhei•eof and exce}•t ' the F.a et 20 feet ther eof. r ai: ii P. r ~~r~. ~ yi ~•,a~' 1{3 ~~ i .h~~~ f ;: - --_ . r ~. ` RECEPTION N0. 83034472 '..~j MILLER COURT PARTNERSHIP ,r;;:". ... AGREEMENT ADDENDUM NUMHER ONE ~ ' (1) Huitte shell sell said property to the Miller Court 3 Pnrtnerehlp fur the sum of Three Hundred Fc~ Two Thcuennd Dollars, (5342,000) eu b~ect to 572,000 First Mortgage, end shall be priid at the rate of Five Thousand Four Hundred Fifty Uollare (55,450) et the close of each residential unit enle to the ultimata buyer. - ~: ~i di (2) Ammons Perk Development Co. shall provide it* expertise to develops and market said property. (3) Each partner shall provide SOt of the base capital fequired to obtain zoning approval and meet the requiroment,t of the construction lender in obtaining the construction loan. These expenses shall include but not be limited to the following: Proporty Survey Topographic Survey Subdivlaion Feee Soil Investigation end report. Drainage investigation and plan. Reprod+~ction expenses. Should all partners agree, Ammons Pnrk Development C:~mpnny may loan adequate funds to~Miller Court Partnership to complete the above work and be reimbursed for both the cost and f~ndaewillhar8ruefat,mtheoratesofuthirteenannd oneehalf percents (13~ t). All the costs under Item three (3) will be included in the five percent (5S) ongineering and design fees palbelowJohn Jackson Associates INc. as detailed in Item four (4) (4) Miller Gourt Partnership shall hire Joh r. Jackson Associa- tes Inc. to perform engineering, design, and construction to com- plete the project for fees es follovs: Engineering and design - 5S of the total constrvetion cost. Con::truction - actual construction cost plus 15 x which can be converted to a lump sum price at the request of the partnership. (5) Ownership percentages shall br: as follows: Jay & Helen Huitt 50 x Ammons Pnrk Development Co. 50 S (6) Profits shall be dispensed at such time as all the part- ners agree and in the pe: centages detailed above but no less often than once a calendar year following the annual au•lit by a CPA left of t,e rtalllactualt1eosts ofoconstruction, engineering~odebt interest, sales expenses, land payment as defined above, and admin- istrative costs have been identifie3 and paid. (7) Huitts agree to purchase the South 230.93' of the parcel complete with improvements for $150,000. ~ ~~~~ ~~. :=..- \~'~X " ~~- ~' ~ ° A 7500 WEST 29TH AVEN~ P.o. sox 63s - The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~1Vheat City Admin. Fax ~ 234-5924 _ Police Dept. Fax # 235-2949 Ridge March 24, 1995 Mr. Keith Hensel ,=~ ~ Adams-Avery, Ltd. r -, 1380 Lawrence St:, Suite 870 ~7V -L°~'13 Denver CO 80204 - Dear Keith: I have reviewed your submittal for the Villas at Applewood final development plan and plat and have the following comments: The following items must be added to the final development plan document: 1. Case history box with the following case numbers: WZ-94-3, WZ-94-14, WZ-95-5, WV-95-3 2. Signage for the development - otherwise, you'll be limited to one sign on West 38th Avenue, 20 square feet in size and six feet in height 3. Need more detail on the perimeter walls and associated , landscaping. 4. Development parameters for a typical lot including minimum setbacks, maximum building coverage, maximum building height 5. Types of materials to be used (typical) 6. Additional common parking needs to be provided 7. Is any fencing permitted? If so, it should be indicated what is allowed (i.e., what type, where, allowed height). 8. Unified control statement 9. Additional dedications for West 38th Avenue and Miller-Court should be noted as being dedicated by plat 10. Allowed uses for_Tracts A and B should be noted 11. Allowed uses of Lots 1 through 107 should be noted 12. Any gates? The following items must be added to the subdivision plat: 1. Case history box with the following case numbers: WZ-94-3, WZ-94-14, WZ-95-5, WV-95-3 2. Designation of the property as a flood zone B (100-500 year flood plain) 3. Signature blocks for the following entities: Parks and Recreation Commission, U S West Communications, Public- Service company, Director of Planning and Development, Public Works Director 4. Change owner's certification 5. signature line for surveyor e Mr. Keith Hensel March 24, 1995 Page 2 6. Miller Street needs to be noted as being vacated by separate document 7. Additional dedications for Miller Court (10 feet) and West 38th Avenue (45 feet to centerline)- need to be shown as "hereby dedicated" 8. What are street names? 9. Pedestrian easements 10. Note regarding utility easements - ten feet along front property lines, five feet along side property lines and eight feet along rear property lines 11. Adjacent zoning Attached are responses received from outside agencies. All of their concerns need to be addressed. If you have any questions, do not hesitate to contact me at 235- 2846. Sincerely, /~-~~~~ Meredith Reckert Planner. MR:slw cc: WZ-95-5 case file 7500 WEST 29TH AVENUE P.o.-sox s3s The City of WHEAT RIDGE. CO-80034-0638 (3031234-5900 ~ x Theat City Admin. Fax # 234-5924 Police Dept. Fak # 235-2949 ~ V~V l~ge March- 72 19.45 The Wheat Ridge Department of Community Development has received a request for appzoyal o£ a combined pr~livyinary and Final development plan and plat - .. at_the_property described. below. Your response to the following questions and any comments on this proposal would be appreciated by March-23, 1955 No_response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: W.Z-:45.-5.~ST. IVES 1~F.AI,TX LOCATIONC -10241 W. 38th Avenue CITY OF~WHEA^yT RIDGE REQUESTED ACTION: Approval of a combined preliminary and final ~ . wf "'~~!.1 and plat P~A~ 2 7 1995 PURPOSE' Construction of 107 single family homes ~~, APPROXIMATE AREA: 22,58 acres PLANNING & DEVELOPMENT. 1. Are public facilities or services provided by your agency adequate to serve this deve~-opment? YES NO ~- If "NO", please explain below. 2. Are se~rrvvice lines .available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your:. ules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency-has identified which would or should affect approval of this request? Please reply to: Meredith Reckert Department of Planning & Development DISTRIBUTION: XX Water District (ConMutual )Denver Water XX Sanitation District (Westridge) XX Fi're District (Wheat~Ridg$.) Adjacent-City ( ) XX Public Service Co. XX US West Communications State Land Use"Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Bd•~TCI of Colorado Jefferson Co. Health Dept_ _XX Jefferson Co. Schools _ _ ts~^ r_~mm~ loners XX Wheat Ridge Post Office ~ea~Ri gz3" e Police ept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division ~~ 7500 WEST 29TH AVENUE - - P.O. BOK638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 City Admin. Fax # 234-5924 Marc1L 7= 1R45 Police-Dept. Fak=-235-2949 ~~ -The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request £or appzgyal p£ a cgm&ined prelisninarX and final development plan and plat Your response to the fo would be appreciated by date will constitute no ping questions and any comments on this proposal 'March 23, 1995 No response from you by this lections or concerns regarding this proposal. CASE NO: W..Z--95-8./ST,, lyES REALTY LOCATION' 10241 W. 38th Avenue REQUESTED AC'~ION• Approval of a combined preliminary and final plan and plat PURPOSE: Construction of 107 single family homes APPROXIMATE AREA: 22.58 acres 1. Are publ c facilities or services provided by your agency adequate to serve t is development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please_explain below. __ " 3. Do you/•~/ave adequate capacities to service the development? YES V NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your r es and regulations? YES ~ NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert Department of Planning & Development DISTRIBUTION: XX Water District (ConTSutual )Denver XX Sanitation District (Westridge) XX FiYe District (Wheat Ridge) Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Water Bd.XRTCI of Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools ~XX Jefferson Co. Commissioners ~~ heat Rid e Post Office 7Cl~Wheat Ridge Police ep" . ~ Wh e u s Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bidg. Division c, ~..,.,.,~~•.,,„ • r n~rv nF WHEAT RIDGE ~ "March. 23, 195 No response from you by this. objections or concerns regarding this proposal. CASE NO: WZ--9S-~5.(ST. IVES REALTY - LOCATION: 10241 Gi. 38th Avenue REQUESTED ACTION' Approval of a combined preliminary and final plan and plat //~~ PURPOSE' Construction of ~,,1lL~ ~'~'~~~` APPROXIMATE AREA: 22,58 acres ~~~~ 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please 'explain below. 2. 3. 4. 5. Are service lines available to the development? YES NO If "NO", please explain below.- Do you have adequate capacities to service the development? YES NO If_"NO", please explain below. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below.' Are There any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert Department of Planning & Development DISTRIBUTION: XR Water District (ConMutual )Denver XX Sanitation District (Westridge) XX Fire District (T+?heat~ Ridga~ Adjacent-City ( ) XX Public Service Co. XX US West Communications State Land-Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Water.Bd.XXTCI of Colorado Jefferson Co. Health Dept. BX Jefferson Cb. Schools XX Jefferson Co. Commissioners XX Wheat Ridge Post Office xX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division V K.~~. i,~N'nr.v ' would be appreciated by date will constitute no she Are Ope3 OVNTY p`A - -- - :` x-i ~~ o JEFFERSON COUNTY PUBLIC SCHOOLS r y 1829 DENVER WEST DRIVE / BUILDING 27 / GOLDEN, COLORADO 80401 / (303) 273-6500 000 RPOO• PLANNING COMMENTS JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1 PLANNING SERVICES DIVISION EDUCATIONAL SERVICES CENTER 1829 DENVER WEST DRIVE GOLDEN, COLORADO 80401 SIIBDIVISION NAME: Villas at Applewood LOCATION: 10241 W. 38th Ave. DATE: March 14, 1995 AREA: 0393 STATUS: PP,FP Number and Type of Dwelling Units: 107 SFD Total Dwelling Elementary Junior Senior Total Units Yield Yield Yield Yield 107 SFD .66 .26 .26 1.18 TOTAL FROM THIS PROPOSAL: 71 Elementary 28 Middle School 28 Senior High 127 Total It is estimated that costs to provide classroom facilities for the students anticipated from this proposed development will be $1,370,115.. Currently students from this proposed development will attend: Prospect Valley Elementary - 3400 Pierson St, Wheat Ridge 80033 Everitt Middle School - 3900 Kipling St, Wheat Ridge 80033 Wheat Ridge Senior High School - 9505 W 32nd Av, Wheat Ridge 80033 • Page 2 Comments Villas at Applewood, PP, FP C~ The present capacities and enrollments for these schools are: ENROLLMENT CAPACITY - - 10/94 95/96 :;.9:6/97?. CPC NEW ADDN NEW PC PERM DESIGN CAP TEMP BLDG TOTAL CAP Prospect _. Valley 409 410 4].5 405 4 513 459 1 486 Everitt 699 723 :,.735;Ii 754 0 754 875 0 875 Wheat Ridge 1481 1477 `~'~i4;35':,~ 1312 0 1312 1458 10 1701 CPC -Current Program Capacity represents the number of smdrnt spaces that an available ff (here are no temporary buildngs at the school. NEW PC -New Program Capacity: the CPC + the New Additions Capacity. This represrnu the number of smdeat spaces that will be available at the school when additi~s or additional spaces are constructed from the 1992 Band Issue. PERM DS(iN CAP - Petmenrn[ Desigu Capacity (the way the xhool was built) TTL CAP -Total Capacity is the Pesmmrnt Design Capacity plus the cepxity of the tcmpomry building(s). NOTE: These are estimates from School District computations. They are subject to change and are for--planning purposes only. SC$OOL DISTRICT PLANNING COMMENTS: Prospect Valley Elementary is currently using one temporary classroom and Wheat Ridge Senior is using ten. The School District would request fees in-lieu-of land dedications for this plat. In that regard, the School .District also requests that the computation of fees be calculated based on the full market value of the land per acre as zoned and improved for residential purposes_as opposed to raw land or any value based upon prezoning approval. The school District has offered the same comment for consideration by the City Council and the Planning Commission for two years with no response. The District would again request that a new method be established for calculation of fees in-lieu-of land based on zoned land values, thus representing a more reasonable fee compensation to offset the impact of developments on school capacities. Any fees in-lieu-of amounts would be held in escrow accounts for future application by the School District in accordance with our procedures-and the Jefferson County Land Development Regulations. Page 3 Comments Villas at Applewood, PP, FP Based upon projections from this development and subdivisions in this area which have been approved or are pending approval, current school capacities at all three schools are adequate to serve the anticipated student population from this proposal. However, the recent passage of the Bond Issue on October 6, 1992, will provide a four classroom addition at Prospect Valley Elementary and various improvement projects - which do not indicate additional capacity - at all three schools at a cost of $8,837,633 for this area. ~~~~~ Kathy A. Tully Property Management/Planning Services /7p xc: Wayne Carle Jerry Wanser Linda Glandt Dick Ransom Dave Hendrickson Central Transportation Jeff-Hall MRR 23 '95 12:~ FROM PSCO 7TH AVE. S.C Pubec Service Company of Colorado 7t11 AYenuiit ~eNiC~ CN1hr Qur FAX Numbor; (303y 57i-3Sx4 To Company: G Attention/Phans: Atxnnina np~r FAX Numbor. ~~,~~.5'~a~ Number of pages including ~caFVer sheet: t~rom:/Phonq: i PAGE.001 i~S~~rt'f ~• . +~ ~~~~ MfrSSAGE: ackrwxled es recei t a tale folloxing e not a61e to res d by the roJeeted du date. lie are i h ro sed lot fans for conflict and xill s nd a response u n cons let on. Pro ect Number ~- -S .. ~ Publlc Services 5~~,„a.:~~w,~~,t~.o~K~. ~~ r xc* TOTRL PAGE.001 *~ . ~ MEMORANDi~~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer DATE: March 13, 1995 SIIBJ: 10241 W. 38th Avenue, WZ-95-5/St. Ives Realty The.Public Works Department has reviewed the referral package - for the above referenced project and has the following comments: 1. We will need a drainage study. 2. We will need an erosion control plan. 3. The roadway improvement plan for W. the Avenue shall include but not limited to turnbays, acceleration lane and an 8-foot detached asphalt bikepath. The main entrance to the site should line up with Miller Street. A 5-foot sidewalk will be required on the Miller Court frontage. 4. We will need a copy of the approved NPDES permit from the State Health Department. 5. We have received a copy of the final plat which is currently being reviewed by Chuck Braden. 6. We will need a development agreement for the curb, gutter and sidewalk improvements along the W. the Avenue frontage. cc: Glen Gidley, John Oss, Sr. Steve Nguyen, John McGuire, Chuck Braden, File Community Development Director 'Project Engineer Traffic Engineer City Surveyor ROW Technician ~' _~ - _ - ~ _ ... _~ fYIU U a W a 2 f ~ ~ March 8, 1995 - Ms. Meredith Reckert Department of Planning and Development City of Wheat Ridge 7500-Rest 29th Avenue Wheat Ridge, Colorado 802.15 CITY OF WHEAT RfIaG° - ~ n~~i~ ~~~. P~~R 0 ?~ 1995 ~ _.., ~s%+' ~ )3tVELOPMEVT Re: City of Wheat Ridge- Case Number WZ-95-5/St. Ives Realty, 10241 West 38th Avenue, proposed approval of a combined preliminary and final plan and plat to allow the construction of .107 single family homes Dear Ms. Reckert: This =~il.l. 2!''.::inw~edge receipt of your correspondence dated March 7; 1995 regarding the above referenced. property. Please be advised that the above referenced. property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with the Denver Water Board. Domestic water service may be provided .to this property subject to compliance. with the Company's rules, regulations and requirements for such service as well as the water .tap allocation policies as established by-the Denver Water Board. The Company's rules,, regulations-and requirements further require that each separate structure be served:'by. a separate tap and meter, and in order to receive domestic water service,-the property musE-also front a Company main. If the, future planned use of this property is within any of the above categories, the owner, engineer or architect should contact this office as -soon as possible so that we may determine what water system improvements will be needed to serve this property. We have previously met with the Wheat Ridge Fire Protection District regarding this project and the necessary system improvements -have been determined: If you-have any questions or comments regarding this correspondence, please contact this o=lice. Sincerely, ~~ Michael E. Queen Water Distribution Manager MEQ: j l cc,• David Dertina, St. Ives Real Estate (Applicant)' - Dave Roberts, ;Wheat .Ridge: Fire-.Protection District - Walter Welton, PLS/PE, CHWCo President John Allen, CMACo Engineer THE CONSOLIDATED MUTUAL WATER COMPANY 12700 Vest ?7th Avenue P.O. Box 110068 Lakewood, Colorado 80215 Telephone 238-0{51 Fax 237-5560 - . _ ~. • Westridge Sanitation District 3705 Kipling $umt - Suitc l0l Wheat Ridge, Colondo 80033 (303) 424-9467 March 22, 1995 Meredith Reckert Department of Planning & Development CITY OF WHEAT RIDGE 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: Case W2-95-5/St. Ives Realty 10241 W. 38th Avenue Villas at Applewood Dear Ms. Reckert; Thank you for the opportunity to comment upon-the Final Plat and Development Plan for the above proposed development. Westridge Sanitation District does have sufficient downstream capacity to serve the proposed development and will. do so subject to developer compliance with .all applicable District rules and regulations.-The developer should contact the District office at 424-9467 to discuss sanitary sewer service requirements and procedures. Sanitary sewer service to fhe proposed development will require an extension of District facilities. The developer may contact the District office for"line-extension application requirements. Separately described and recorded, overlying, non-exclusive easements setting forth specific applicable rights and restrictions associated with the sanitary sewers will be required prior to any sewer construction. All-sanitary sewer easements must be a minimum of 30 feet in width and must have an "all-weather" surface _ - and grades that will allow. ready access by heavy machinery to all manholes. This would include-the proposed "drainage easement" between lots 60 and 61, which is presumed to provide sewer conriection_to West 41st Avenue. CITY OF WHEAT RIDGE t~lAl', 2 7 1995 1'~7 'V IT PLANNING & DEVELOPMENT Page two Meredith Reckert Construction, operation, maintenance and repair of individual service lines within the District are the entire responsibilities of the individual property owners. Very truly yours, Richard M. Romberg, P.E. Engineer for the District cc: District Office file: W54-0 ' 7500VJESS 29TH AV ESSUE P.o. sox 636 The City of WHEAT RIDGE. CO 60034-0638 (3031234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fak # 235-2949 ~1dgPi klarcli 7E 1flg5 The Wheat Ridge Department of Community Development has received a request for appzoyal o£ a combined pr~lizginar~ and final development plan and plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by March 23, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ~95<~5./ST; IVES REALTY LOCATION: 10241 W. 38th Avenue REQUESTED ACTION: Approval of a combined preliminary and final plan and plat PURPOSE: Construction of 107 single family Homes APPROXIMATE AREA: 22.58 acres 1. Are public Facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below.. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? s ~ ~~~ ~( ceT, ~ ~/~ Please reply to: Meredith Reckert ~~r~~ Department of Planning & Development DISTRIBUTION: XX Water District (ConMutuaI )Denver Water XX Sanitation District (Westridge) XX Fire District (Wheat- Ridgy) Adjacent City ( ) xx Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Bd.%XTCI of Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools XX Jefferson Co. Commissioners XX Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division . u r,., ,, i,"i rw,,., ~` , ~~ ~* DJ~~fl1 ~IDG~ ~I~~ ~~O1~C1100 DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: March 13, 1995 To: Meredith Reckert, Department of Planning & Development, City of Wheat Ridge. From: David Roberts, Fire Marshal, Wheat Ridge Fire Protection District. Subject: Case No.: WZ-95-5/ St. Ives Realty Location: Approximately 10241 W. 38 Ave. Requested Action: Approval of a combined preliminary and final plan and plat. Purpose: Construction of 107 single family homes. Dear Meredith, After a review of the submitted plans concerning this case, I am requesting the following issues to be addressed: 1. The issue of enforcement regarding parking violations if the streets are allowed to be private needs to still be addressed. 2. The issue of responsibility of street maintenance regarding access throughout the complex still needs to be addressed. 3. The issue of private access still needs to be addressed. While the plans state there is a mechanical gate obstructing access, the issue of unobstructed emergency access needs to be addressed by the developer. 4. The issue of obstructing the emergency access fire lane will need to be addressed by the developer as to what type of obstruction will be needed to prevent access by the public. 5. Water lines, fire hydrants, and an all weather hard surface access road must be provided by the developer prior to the allowance of above grade construction. 6. There may be additional items not addressed at this time that will be addressed as the needed. esp~c/~ avi Roberts Fire Marshal cc:file W.R.F.P.D. ~~ Public Service Public Service Company of Colorado CITY OF WHnEAT RIDGE 2701 W. 7th Avenue April 6, 1995 ' Ln nn nenver, CO 80204-4114 nD APR 1 0 199511 City of Wheat Ridge i i 7500 W. 29th Ave. L ~ L_`--~ ~ P. O. Box 638 PLANNING & DEVELOPMENT Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of the preliminary plans for Ives Re~tl y # WZ-95-5 PROJECT TITLE After reviewing the proposed plans of the above-named project, we would like to suggest that the following requirements be indicated on your final plot plans and so indicated in the dedication: Eight-foot-wide easements are hereby granted for the exclusive use of electric, telephone, gas, cable television and postal facilities. These easements are located on private property immediately adjacent to both sides of all platted roadways. Other utilities shall have the right to cross at substantially right angles, but in no event shall any water meters, other structures, trees or shrubs be allowed in the above-described areas. Concrete driveways and sidewalks are permissible as long as they cross at substantially right angles and do not exceed 26 feet in width. Other additional easements may be required when the developer builds and points of service become known. Approval of electric and/or gas service to this subdivision is subject to Public Service Company of Colorado rules, regulations and tariffs on file and in effect with the Colorado Public Utilities Commission. If you have any questions regarding the above subject matter, please contact me at 571-3735. // ~ ~~ Teresa Wilson Right of Way Processor 6~ m Public Service° April 20, 1995 City of Wheat Ridge Planning Dept. 7500 W. 29th Ave. Wheat Ridge, CO 80034 Public Service Company acknowledges receipt plans for Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-0114 CITY OF WHE,4T RIDGE ' p~R 2 ~ 1995 ~~ `PLANNING & DEVELOPMENT of the preliminary St. Ives Realty #WZ-95-5 Project Title After reviewing the proposed plans of the above named project, we would like to suggest that the following requirements be indicated on your final plot plans and so indicated in the dedication: Eight-foot-wide easements are hereby granted for the exclusive use of electric, telephone, gas, cable television, and postal facilities. .These easements are located on private property immediately adjacent to both sides of all .platted roadways. Other utilities shall have the right to cross at substantially right angles, but in no event shall any water meters, other structures, trees or shrubs be allowed in the above described areas. Concrete driveways and sidewalks are permissible as long as they cross at substantially right angles and do not exceed 26 feet in width. Other additional easements may be required when the developer builds and points of service become known. Approval of electric and/or gas service to this subdivision is subject to Public Service Company of Colorado rules, regulations and tariffs on file and in effect with the Colorado Public Utilities Commission. If you have any questions regarding the above subject matter, please contact Teresa Wilson at 571-3735. Teresa Wilson Right of Way Processor Tw:pg F ~ NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on April 6, 1995 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.- All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Cas No. MS-95-2: An application by David Townsend for Faith Bible.Chapel West for approval of a two-lot minor subdivision on R-1 zoned land located at 3010 Newland Street. Said property is legally described as follows: A part of Lot 3, Block 2, Henderson's Subdivision Amended Plat, situated in the southwest one-quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the southwest corner of said Lot 3, Block 2; thence-north 00°16'31" west along the west line of said Block 2, a distance of .162.44 feet to the south line of Longs Subdivision; Thence along said south line, north 89°41'22" east, 400.00 feet; thence south 00°16'31" east, 162.34 feet to the south line of said Block 2; thence along said south line, south 89°40'30" west, 400.00 feet to the Point of Beginning.- 2. -~a~e No. WZ-95-5~ An application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue and 3975 Miller Court. Said property is legally described as follows: "' A part'of the"south '1 /2 of th'e SE1/4 of 'S"ection 21, Township' -' 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of said SE1/4 whence the SE corner of said Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 569.42 feet; Thence S 89°24'00" W 249.01 feet; N 00°11'48" W 730.02 feet; Thence N89°24'00" E 249.01 feet; Thence N 00°11'48" W 20.00 feet to the north line of said S1/2 of the SE1/4; Thence along said north-line N 89°24'00" E 661.79 feet to the east line of said SE1/4 of Section 21; Thence along said S 00°08'23" E 1169.29 feet; Thence leaving said east line S 59°25'42" W 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of Beginning containing 1,039,788.59 sq. ft. (23.870 acres), more or less. r~ This case also involves a request for approval of a final development plan for property zoned Planned Residential Development located at 10241 West 38th Avenue. Said property is legally described as follows: A part of the south 1/2 of the SE 1/4 of SACtion 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of :said SE1/4 whence the SE .corner Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43",W 539.38 feet; Thence leaving said south line N 00°11'48" W 794.63 feet; Thence 5 89°24'00" W 249.01 feet; Thence N 00°11'48" W 504.82 feet; Thence N 89°24'00" E 249.01 feet; Thence AT 00°11'48" W-20.00 feet to the north line of said south 1/2 of the SE1/4, Section 21; Thence along said north line N' 89°24'00" E 661.79 feet; Thence leaving said north line S 00°08'23" E 1169.29 feet; Thence S 59°25'42" West 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of Beginning, containing 22.583 acres; more or less. 3. Case No. WV-95-3; An application by St. Ives Realty for approval of a right-of-way vacation for an unused portion of Miller Street running between West 41st Avenue and West 39th Avenue extended. Said right-of-way is 794.63 feet long and was dedicated pursuant to deeds recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of the Jefferson County Recorders's office. ndra Wiggi Secretary ATTEST: Wanda Sang, City Clerk To be Published: March 23, 1995 Jefferson Sentinel C:\WP60\pc\4695.PHN -500 WEFT-29TH AVENUE P.o. aox s3a The City of WHEAT RIDGE. CO SOC3»~On"38 (303; 234-5900 ~}~~.]eat City Admin.Fax~234-592= - Police Dept. Fax-235~2949~ ~iCige March 23, 1995 This is to inform you that Case No. W -95-5 which is a request for approval of a Planned Residential Development final development plan and plat for property located at 10241 West 38th Avenue and 3975 Miller Ct will be heard by the Wheat Ridge Planning ('Ommiacinn in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m, , on April 6 l S All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planningf C'ommiaaipn As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform ~, ,<,,,,,,,~Y,;,.,, Dear Adjacent Property Owner: If you have received this notice, you reside. or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware. of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of-the meeting. A staff planner will attend the and regulations and the process will remain impartial regarding meeting to discuss City policy involved, however, the planner viability of the project'."~ Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please. do not contact your Planning Commissiopers or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this Filing is that it requires a 3/4 majority of City Council to approve a request. 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U O LL a w U w 0 °m m Q a ' NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on April 24, 1995 at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. Case No. WZ-95-3: An application by Colorado Land Consultant's for. General Management Company for an amendment to the Planned Commercial Development final development plan with variances for Applewood Shopping Center located at 3600 Youngfield Street. Said property is legally described as follows: PARCEL 1 A PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 654.32 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29., - AND 60.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 667.82 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, THEN N 89°28.1' E ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET, THENCE N 00°51.8' WEST PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 200.00 FEET; THENCE S 89°28.1' W PARALLEL TO THE SOUTH LINE OF THE. NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 135.19 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT WHOSE RADIUS IS 182.00 FEET AND WHOSE CHORD BEARS N 37°51.1' E, A DISTANCE OF 227.66 FEET TO A POINT OF TANGENCY; THENCE N 76°34.0'-E ALONG THE SOUTHERLY LINE OF WEST"38TH-AVENUE, A DISTANCE OF 701.69 FEET TO THE NORTHWEST CORNER OF RIDGEVIEW ACRES THIRD FILING, A PLATTED SUBDIVISION iN THE OFFICIAL RECORDS OF JEFFERSON COUNTY COLORADO; THENCE S 00°43.5' E ALONG THE WEST LINE OF SAID RIDGEVIEW ACRES THIRD FILING, A DISTANCE OF 670.33 FEET TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 89°28.1' W ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER. OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 0.67 FEET TO A-POINT WHICH IS 885.00 FEET.EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE S 00°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID-SECTION 29, A DISTANCE OF 1162.99 FEET TO A POINT 160.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29;-THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 192.34 FEET; THENCE 800°51.8' E PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF-THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 130.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 342.66 FEET TO A POINT 350.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 600.00 FEET; THENCE S 89°31.7'- W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF-150.00 FEET; THENCE N 00°SI.B' W PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 24.32 FEET; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA 29.969 ACRES MORE OR LESS. 2. _-Case No. WZ-95_5: An application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue and 3975 Miller Court. Said property is legally described as follows: A part of the south 1/2 of the SE1/4 of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on-the south line of said SE1/4 hence the SE corner of said Section 21 lies N 89°12'43" E 781.62 feet; Thence-along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 569.42 feet; Thence S 89°24'00" W 249.01 feet; N 00°11'48" W 730.02 feet; Thence N89°24'00" E 249.01 feet; Thence N 00°11'48" W 20.00 feet to the north line of said S1/2 of the SE1/4; Thence along said north line N 89°24'00" E 661.79 feet to the east line of said SE1/4 of Section 21; Thence along said S 00°08'23" E 1169.29 feet; Thence leaving said east line S 59°25'42" W 137.00 feet; Thence S O1°59'59" W 80.04 feet to the Point of Beginning containing 1,039,788.59 sq. ft. (23.870 acres), more or less. This case also involves a request for approval of a final development plan for property zoned Planned. Residential Development located at-10241 West 38th Avenue. Said property is legally described as follows: A part of the south l/2 of the SE 1/4 of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of said SE1/4 thence the SE corner Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 794.63 feet; Thence S 89°24'00" W 249.01 feet; Thence N 00°11'48" W 504.82 feet; Thence N 89°24'00" E 249.p1 feet;_Thence N 00°11'48" W 20.00 feet to the north line of said south 1/2 of the SE1/4, Section 21; Thence along said north line N 89°24'00" E 661.79 feet; Thence leaving said north line S 00°08'23" E 1169.29 feet; Thence S 59°25'42" West 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of Beginning, containing 22.583 acres, more or less. 3. Case Ho. WV-95-3: An application by St. Ives Realty for approval of a right-of-way vacation for an unused portion of Miller Street running between West 41st Avenue and West 39th Avenue extended. Said right-of-way is 794.63 feet long and was dedicated pursuant to deeds recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of the Jefferson County Recorder's office. 4. Case No. CIIP-95-1: An application by the City of Wheat Ridge for approval of a conditional use permit to allow the expansion of the Wheat Ridge Municipal Building located at 7500 West 29th Avenue. Said property is legally described as follows: Lot 1, Block 3 of Barth Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Sandra Wiggins, Secret ATTEST: Wanda Sang, City Clerk To be Published: April 6, 1995 Jefferson Sentinel b:\42495.phn -.-, ~ :"JES7297H AVENUE _ ~ sOx 63s The City o1 .';~E4T RIDGE. C.^.ECC3-~Cc33 3D31 "<3~-,~,~,~. wheat .. r: Aom~~^. t=ax?23~-jc?1 -_~>D~ot. rar; 233.3ctp -1\idge April 10-, 1995 This is to inform you that Case No. WZ-95-5 which is a request for apuroval of a PFtD final development plan and plat for property located at 10241 West 8 h Av n~ & 'ig75 Mill r Court will be heard by the Wheat Ridge Citv Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7•nn p.m. On April 70, 1895 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the !'; ty Council As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform ~~, „ -500 WEST 29TH AVENUE - _ _ ?.0. BOX 638 'eJHEAT RIDGE. CO 8003»-Oo39 1303123»-5500 G;y Aomin. Fax ~ 23»-552» April 17, 1995 Pd::ce D=ot, Fax x 235-29»9 _. The City of wheat Ridge -_ TTO~iT* This is to inform you that Case No. WZ-95-5 which is a request for approval of a PRD final development plan and plat for property located at Yo 4~ W 48 h Av n~ & 97 Mill r ourt will be heard by the Wheat Ridge Citv Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at ~;_pn p_m_ ~.,,~ on ~"4 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the City Council As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform Co IP. :P.n„., `~ Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within-600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. .Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to-file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner i CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 6, 1995 DATE PREPARED: March 29, 1995 CASE NO. & NAME: WZ-5-5/St. Ives CASE MANAGER:~Meredith Reckert ACTION REQUESTED: Approval of a final development plan and plat LOCATION OF REQUEST: 10241 West 38th Avenue and 3975 Miller Ct. NAME & ADDRESS OF APPLICANT(S) City of Whea4 Ridge/St. Ives Realty NAME & ADDRESS OF OWNER(S) Raymond Michael Easley J. & Helen Huitt 6325 Depew Ct, Arvada 3975 Miller Ct, Wheat Ridge APPROXIMATE AREA: 21.7 acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single family residential/vacant SURROUNDING ZONING: N: A-1, R-2; S: PRD, R-1, C-1; E: PRD; W: R-3, PRD SURROUNDING LAND USE: N: low density, vacant; S: multifamily, commercial; E: low density, vacant; W: multifamily, low density COMPREHENSIVE PLAN FOR THE AREA: Low density residentialJmultiple use DATE PUBLISHED: March 23, 1995 DATE POSTED: March 23, 1995 DATED LEGAL NOTICES SENT: March 23, 1995 AGENCY CHECKLIST: (XX ) RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( XX) SUBDIVISION REGULATIONS () OTHER () NOT REQUIRED () NONE ( XX) CASE-FILE & PACKET MATERIALS () SLIDES (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-95-5/St. Ives REQUEST Page 2 The applicant requests approval of a final development plan and plat for property located at 10241 West 384h Avenue and 3975 Miller Court. The property in question was rezoned pursuant to Ordinance 980. A condition of the approval was that the density not exceed 4.9 units per acre or 107 units. Please see attached Exhibit 'A' which is a reduction of the plan approved. 11. DEVELOPMENT PLAN , _ a __ The project is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with call box for visitors will let cars into the development. A secondary access poin8 off of Miller Court is provided for emergency vehicles. It was originally approved on the right-of-way for 41st Avenue roughly 250 feet to the north, but was relocated due to the requirements for water line easement and emergency vehicle turning radii. Both the Fire District and Police Department still have concerns regarding emergency access from West 38th Avenue and the type of opening system being proposed. details still need to be reached prior to building permits being issued. The plan shows 107 single-family detached units. Minimum setbacks are 20 feet on 4he front, ten feet on the rear and generally five feet on the sides with a 10 foot adjacent structure separation. A provision has been made for 0 foot side yard setbacks which would allow for "patio home" type construction. A typical residential lot with a street running along the rear lot is required to have a 30 foot rear setback. Staff recommends the rear setbacks for lots along 38th and Miller Court needs to be a minimum of 20 feet. Maximum height and lot coverage are have not been indicated and should be added to the plan. Nc individual lot fencing is allowed in the development. All units have four off-site parking spaces -two in the garage and two in the driveway. Communal parking at the rate of three to four spaces per pod has also been provided (a total of 30 with four additional spaces for the cabana/common area). This is substantially less than what was shown at the outline stage (approximately 69 with five additional spaces for the cabana/common area), Staff recommends additional parking, perhaps as parallel parking pull-offs along the straight portions of the street, needs to be provided. All streets within the development will be privately owned and maintained. As such, they vary from the City's local street standard of 50 feet of right-of-way with a 34 foot section flow-line to flow-line. The proposed design shows roughly 22 feet of pavement with two-foot mountable gutters and an attached walk on one side. No on-street parking is proposed. The streets will be required to meet the City's standards for pavement design (i.e., thickness). Adequate provisions must be made for street maintenance and repair and snow removal. An eight-foot-wide pedestrian path meanders internally through the site. This is shown as a separate easement on the plat. An additional pedestrian path running along the 41st Avenue right-of-way from Miller Court to Miller Street and then north to 41st Avenue will meet the park land dedication requirement. The Parks and Recreation Commission is requiring the path to be ten feet wide, rather than eight feet as shown. A six-foot-high perimeter fence will enclose the development. Along 38th Avenue it will be built of cedar with stucco columns. A strip of landscaping between the fence and street is provided with an eight foot detached asphalt path running through it. An accel/decel lane wfth curb and gutter will be built along • ~ Planning Division Staff Report Page 3 Case No. WZ-95-5/St. Ives 38th Avenue. Staff recommends that the same fence design as shown along West 38th Avenue be used along Miller Court, as well. Staff will require a strip of landscaping between the back of walk and the fence. There is existing curb and gutter in place along Miller Court. The developer is required to dedicate ten feet of right-of-way and to build afive-foot-wide walk behind the existing improvements. All requirements for a final development plan have been met. SUBDNISION PLAT The subdivision plat includes the existing single-family residence on Miller Court. This has been required so the owners can legally sell off the northern 2J3 as it is currently one parcel. This residence is designated as Block 2. The other 107 lots will be designated as Lots 1-107 of Block i. These lots vary in size from 13,594 square feet to 5358 square feet. The private streets and pedestrian paths have been called out as separate tracts. 15 feet of additional right-of-way is being dedicated for West 38th Avenue. An additional ten feet is being dedicated for Miller Court. An approximate 25 foot X 20 foot piece of land at the intersection of West 41st Avenue and Miller Street will be dedicated as right-of-way in case the City ever develops the connection between 41st Avenues. Miller Street as it runs through the property will be vacated by separate document (Case No. WV-95-3) All other requirements of the Subdivision Regulations have been met. N. AGENCY REFERRALS Consolidated Mutual Water District can serve subject to district regulations. They concur with the 30-foot easement from Miller Court. Wesiridge Sanitation can serve the property. A 15-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Jefferson County School District reviewed this request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future improvements should lessen the problem. Wheat Ridge Fire District still has numerous concerns which need to be resolved. See attached Exhibi4 'B' The Police flepartment is requesting that internal addressing following the metropolitan grid system. They are requesting 24hour access to the property. Tickets can be issued for on-stree4 fire lane parking violations on private streets. The Park and Recreation Commission is requesting construction of a ten-foot wide greenbelt access from Miller Court east on 40th Avenue to Miller Street and north to 41st Avenue. Public Works is currently reviewing a drainage report. They will require a 15-foot dedication 4or West 38th Avenue and construction of an accelJdecel and curb, gutter and an 8-foot-wide asphalt path. i ~ Planning Division Staff Report Page 4 Case No. WZ-95-5/St. Ives The developer will eventually be required to participate in the construction of curb and gutter, however, this requirement will be delayed until the section for West 38th Avenue has been determined. A ten foot dedication is required for Miller Court, plus the construction of a five-foot-wide sidewalk. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the requirements for a final development plan have been met and that the proposal is generally in character with the approved outline development plan. For these reasons, a recommendation of Approval is given with the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Rear setbacks along West 38th Avenue and Miller Court be a minimum o4 20 feet. 3. Additional congregate parking be provided perhaps as parallel parking pull-off areas along straight portions of the streets or by eliminating units and creating parking spaces. 4. A landscaped buffer be provided along Miller Court between back-of-walk and screening fence. 5. The pedestrian path along 41st Avenue be increased to 4en feet in width. 6. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 7. Maximum building coverage and height be added to the plan notes. In regard to the platting document, Staff concludes that all requirements of the Subdivision Regulations have been met. A recommendation of Approval is given for the plat. VI. RECOMMENDED MOTIONS Development Plan OPTION A: "I move that Case No. WZ-95-5, a request for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: 1. All requirements for a final development plan have been met. 2 It is generally in character with the approved outline development plan. With the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Rear setbacks along West 38th Avenue and Miller Court be a minimum of 20 feet. • Planning Division Staff Report Page 5 Case No. WZ-95-5/St. Ives 3. Additional congregate parking be provided perhaps as parallel parking pull-off areas along straight portions of the streets or by eliminating units and creating parking spaces. 4. A landscaped buffer be provided along Miller Court between back-of-walk and screening fence. 5. The pedestrian path along 41st Avenue be increased to ten feet in width. 6. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 7. Maximum building coverage and height be added to the plan notes." OPTION B: "I move that Case No. WZ-95-5, a request for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Denied for the following reasons: 1. 2. 3. " Subdivision Plat OPTION A: "I move that Case No. WZ-95.5, a request for approval of a subdivision plat for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reason: 1. All requirements of the Subdivision Regulations have been met. OPTION B: "I move that Case No. WZ-95-5, a request for approval of a subdivision plat for property located at 10241 West 38th Avenue and 3975 Miller Court, be Denied for the following reasons: 1. 2. 3. " b:~wz955.sr ~ s Planning Commission Minutes Page 3 April 6, 1995 Commissioner OWENS moved that Case No. MS-95-2, an application by David Townsend for Faith Bible Chapel West for approval of a two- :lot minor subdivision on R-1 zoned land located at 3010 Newland Street be Approved for the following reasons: 1. Al1_minimums for R-1 development have been met. 2. All requirements for Subdivision Regulations have been met. Commissioner RASPLICKA seconded the motion. Motion carried 8-0. 2. Case No. WZ-95-5: An_applicatioa by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue sad 3975 Miller Court. At that time Commissioner CERVENY asked permission to be-excused from hearing the-two following cases, as he stated he had a vested interest in the cases. By consensus, Commissioner CERVENY was excused. He left the room. Commissioner LANGDON reported that he owned property adjacent to the subject property. He indicated that he had not attended neighborhood meetings and he had nothing to gain by the outcome of-these cases; therefore he-could vote with an open mind. Commission, by consensus, allowed Commissioner LANGDON to participate in the next two public hearings.. Mr. Gidley presented-the staff report. Entered into the record were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. Commissioner LANGDON asked for clarification of the. request for additional parking. He requested location recommendations. Mr. Gidley showed several possible locations-for additional parking on the overhead site plan. He noted that this additional parking would encroach into the setbacks. He elaborated. Commissioner RASP.LICKA asked about the term "maximum building coverage". Mr. Gidley explained the term referred to the amount of "total open space" versus "total coverage by buildings. Chairperson ECKHARDT stated he had a problem with sidewalks being placed on only one side of the street. He added that if plans included an internal walk, the sidewalk should be placed on the opposite side of the street than what was indicated. He Planning Commission Minutes Page 4 April 6, 1995 elaborated. He pointed out several locations where the sidewalks were not connected. Chairperson ECKHARDT had some questions regarding the request by the-Parks and Recreation Commission. Mr. Gidley explained the request. Chairperson ECKHARDT asked if a connection would. be made to the development to the south. Mr. Gidley answered yes and elaborated. Mr. Gidley added that because of a slight narrowing of the street, the east side of Miller Court would be designated as a "no parking zone" by the Public Works Department to accommodate the bike lane. Commissioner OWENS had concern regarding drainage on the site. David Dertina. applicant, 10471 West 3rd Avenue, Golden. Keith Hensel, 7963 Newland Circle, Arvada. Both were sworn in. Mr. Dertina stated that the development was being patterned after similar developments in Arizona and other sunbelt areas. He added that these developments typically have narrower streets and follow a "rural" theme. He elaborated, pointing out additional parking areas that had been added. Mr. Hensel pointed out that required parking had been provided, with some additional parking. spaces. He added that they were trying to maintain as much green space as possible. He explained the plan for drainage of the site. Commissioner OWENS asked if the impact study took into consideration the addition of asphalt, concrete, etc. and possible problems with runoff on the site. Mr. Hensel answered that those things had been considered and pointed out an area of concern and what they planned to do to correct the situation. Chairperson ECKHARDT asked if the drainage structure on the northeast comer could also be used as pedestrian access to get to the existing bike path. Mr. Hensel answered no, there would not be a pedestrian access behind the units in question. He added that was strictly a _ er'' Planning Commission Minutes Page 5 April 6, 1995 drainage feature.: Mr. Hensel pointed out the pedestrian access points on the plan. Chairperson ECKHARDT asked about access from the east side that would connect with the bike path. He added that a pedestrian path/open-space corridor was shown on Exhibit 'A' from the middle pod running east. Mr. Hensel stated that was the drainage Swale. Chairman ECKHARDT stated that there appeared to be no way for pedestrians to the bike path. Mr. Hensel stated they could if they exited the bike path,. went down 41st Avenue and followed the trail system to the bike path. Chairperson ECKHARDT noted that was not what was shown on the development plan. He elaborated. Mr. Gidley pointed out a pedestrian link to Lena Gulch at the southeast corner of the project. This is proposed to be linked to the Lena Gulch trail. He elaborated. Chairperson ECKHARDT reiterated that the sidewalk should be on the other side of the street and explained why. Mr. Hensel explained the thought behind placing the sidewalk where it was shown. Mr. Gidley voiced his concern relative to laclc_of detention on site. He asked if the owner to the east had been contacted to negotiate the right to create drainage easements and develop those easements. Mr. Hensel stated yes, they had. Mr. Gidley asked if the property owner had agreed to designate easements-and allow access to his property. Mr. Dertina stated that the property owner had been presented with an agreement by Joy Ross and she expects to have it signed. Mr. Gidley stated he felt it. was very important that an agreement be in place and recorded and plans for improvements within those easements be submitted, prior to issuance of building permits. Discussion followed. Chairperson ECKHARDT stated he was unclear how drainage would be handled. He asked for further explanation from Mr. Hensel. Planning Commission Minutes April 6, 1995 Page 6 Mr. Hensel stated that it was likely a small drain pan would be constructed down the center to handle trickle-type flows, so that swampy areas can be avoided. Chairperson ECKHARDT stated he saw a real opportunity for the developer to provide some nice-looking green space in the drainage areas. Mr_ H~ stated an attempt would be made to blend the aesthetics. Mr. Dertina asked Mr. Gidley about his responsibility regarding the drainage that comes onto his property from the north. Mr. Gidley stated that the property had drained that way historically. Mr. Gidley stated that so long as the land is used agriculturally, natural drainage flow can remain unchanged. Mr. Hensel_stated that the final drainage report would show that the flow from the subject site will be less than the historic flow had been. Therefore, the peak flow would not be increased, but the duration of the .flow would be. Mr. Gidley reiterated that sd long as the easement to the east is obtained, it would be a moot issue. Discussion followed. Commissioner LANGDON offered to make a motion, but first had a question for Mr. Gidley. He asked for assistance in wording his conditions regarding the easement and parking. Mr. Gidley suggested: "The easements must be obtained and recorded and the proposed improvements within those easements be reviewed and approved by the City". Mr. Gidley-spoke regarding the issue of parking on the subject site. He informed Commission that the Outline Plan did show more parking that the plan under review. He elaborated. Commissioner LANGDON asked Mr. Gidley if stating in the motion the parking requirements would be worked out with Planning staff would be sufficient. Mr. Gidley reminded Commission that the Police Department planned to ticket vehicles parked in the fire lane, and that now was the proper time to determine if parking was adequate or if additional parking spaces were needed. Planning Commission Minutes Page 7 April 6, 1995 Discussion followed. Commissioner WILLIAMS asked if the market would not dictate parking requirements. Mr. Gidley stated he had calculated that the Outline Development Plan showed 69 additional spaces, based on 127 units proposed. Now 107 units are proposed (15% less), but only 30 spaces are indicated, rather than 58 spaces (150 of the original 69 spaces.) He noted that the Final Development Plan, as it relates to off- site parking, is inconsistent with the Outline Development Plan. The minimum requirement for single-family dwelling is four off- street parking spaces, which they have met. Chairperson ECKHARDT answered Commissioner WILLIAMS' question regarding the market dictating the required parking. He stated that the marketplace does dictate needed parking, however, by the time that was done, the concrete would be poured and it would be too late to make changes one way or the other. He added that surplus parking could be utilized as planting areas until such time as the parking might be needed. Commissioner LANGDON asked if the street was widened by two feet (to 30 feet) to allow additional parking, would that interfere with the setbacks? Mr. Gidley stated that there was another. option. that within 30 feet there was adequate space for fire lane and a 10-foot parking lane. However, have to be constructed in a more substantial way fire truck. He elaborated. The drive lane would he added. Discussion followed. He explained a 20-foot-wide >idewalks would to accommodate a be quite narrow, Mr. Dertina stated that if the street was widened two feet, perhaps the parking concerns could be eliminated. Mr. Gidley agreed. Commissioner JOHNSON reminded Commission that this development is for "empty nesters" and he doubted the additional parking would be necessary. He elaborated. Discussion followed. Commissioner RASPLICKA--agreed with Commissioner JOHNSON that the parking indicated was adequate. Planning Commission Minutes Page 8 April 6, 1995 Commissioner LANGDON moved that Case No. WZ-95-5, an application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential- Two located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: 1. All requirements for a final development plan have been met. 2. It is generally in character with the approved outline development plan. With the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of building permits. 2. Setbacks along West 38th Avenue and Miller Court be a minimum of 20 feet. 3. Additional congregate parking be provided to expand the paved surface (in the areas where parallel parking could be accommodated) by an additional two feet to 30 feet to accommodate future parking needs. 4. A landscaped buffer be provided along Miller Court between back-of-walk and screening fence. 5. The pedestrian path along West 41st be increased to ten feet in width. 6. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 7. Maximum building coverage and height be added to the plan notes. 8. Obtain easements from bordering property owners including plans within the easements for drainage to be recorded, reviewed and approved by City staff prior to issuance of building permits. Chairperson ECKHARDT clarified the motion. Commissioner RASPLICKA seconded the motion. Motion carried 7-0. Subdivision Plat Commissioner LANGDON moved that Case No. WZ-95-5, a request for approval of a subdivision plat for property located at 10241 West Planning Commission Minutes April 6, 1995 Page 9 38th Avenue and 3975 Miller Court, be Approved for the following reason: 1. All requirements of the Subdivision Regulations have been met. OWENS seconded the motion. Motion carried 7-0. 3. Case No. WV-95-3: An application by St. Ives Realty for approval of a right-of-way vacation for an unused portion of Miller Street running between West 41st Avenue and West 39th Avenue extended. Said right-of- way is 794.63 feet long and was dedicated pursuant to deeds recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of the Jefferson County Recorder's office. Mr. Gidley presented the staff report. Chairperson ECKHARDT asked if the Jefferson County Housing Authority had commented on this proposed vacation. Mr. Gidley stated the Housing Authority had not responded, however they were made aware of the proposal. Chairperson ECKHARDT asked if the Housing Authority dedicated the right-of-way originally. Mr. Gidley answered yes, and they did not agree with the required dedication. He assumes they have no objection to the vacation. No one signed the roster to speak on this item. Commissioner LANGDON stated he was normally opposed to the vacation of right-of-way. However, in this instance, he thought it was a good idea, since it would be nearly impossible to build the street and continue with the proposed project. He asked if the vacation would continue to 41st Avenue. Mr. Gidley answered yes, to the southernmost 41st Avenue Chairperson ECKHARDT stated that Commission had approved the vacation of a portion of-this right-of-way with the approval of - the plat. Commissioner OWENS moved that Case No. WV-95-3, a request for approval of a right-of-way vacation of an unused portion of Miller Street between West 41st Avenue and West 39th Avenue extended, be Approved for the following reasons: ~ Q 2N F- J ~_ Z X W W U ~~ ~~ ~W ~~ l ieu Y n 1 TIy„ ,y(, ' k't ~• 9 ev ' 6 ' 4Q + 'serx ~ ~ 's .~ ~•• ..~~• \ - ! /y+ ~_~./ ,• ;. 2 ~ ~~ ~~~ ~~~ W ~~~ ~~~ ^~I 1' r r; ~: a H' p'11r N o $§~§ ^' ~ N a ~ ~" .J u, i~ ~ ~ V Wu Ttl h ~ T-~y ~ ~ S Y. O ~ ~ r,T n ti ~~ ~I •~~ ~ ~~~w ;.. i. • .~Y=~ ~ I i ~,a ~~~~ . ~ ~.a:~~l i I i ~=~ ~ ~t: ~ ' .. I • w~ , \„ • ~ • \ , ~• P, ?~' _ ~ ? i'• „ ii% . i~~~~ 34Naipt Jrr,B~f. lzai7~ ~: ~~ ~__- ,f- ~ ~ ~ ~ ~ h s I~ ~ ~~ ~ ~~ a s,3 ~g ~ ~~~W ~Fr~ . ~~ex ~~~< i~ .~,~~~ C ~ $~~3 n,,~ PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-95-5 DATE: April 6, 1995 REQUEST: An application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue and 3975 Miller Court. MEMORANDIJI~ Approved Date TO: Glen Gidley, Community Development Director FROM: Greg Knudson, Development Review Engineer ~ . DATE: May 2, 1995 SUBJ: Cambridge Park Drainage Study Response In response to your request, I have received the two copies of the final drainage report for the above referenced project as prepared by Adams-Avery, Ltd. At present it appears that a preliminary review of this drainage study can be completed by Monday, May 8th. Please be aware that as of this date I have not received an erosion control plan, construction drawings for West 38th Avenue, escrow for the cost of those public improvements in West 38th Avenue and a completed application for the IandfilVdumping permit. Keith Hensel from Adams- Avery, Ltd was advised of these required documents on May 1, 1995 and stated that he will submit them as soon as possible. gwk cc: Bob Goebel, Public Works Director John Oss, Sr. project Engineer Steve Nguyen, Traffic Engineer Meredith Reckert, Planner II File CITY OF. WHEAT RIDGE To: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SIIBJ: PLANNING CASE WZ 95-5 APPLICATION BY ST. IVES REALTY/PRD DATE: April 19, 1995 Attached please find the staff report on planning case WZ 95-5. The case involves final development plan and plat review and approval by the members of the City Council. In the attached materials, it should become apparent to the members of Council that there are several loose ends at this stage of the review process. Staff has attempted to resolve issues associated with the development and to this point have only been partially successful. The developer has insisted, as is his right, to have this matter heard by the City Council before a complete resolution of development issues has occurred. Most notable among the unresolved issues is the drainage plan for the subdivision. While staff has attempted to present the best alternative for the members of Council, a plan has not been reviewed and approved by the City. As other property owners in the adjacent area may be affected by drainage, the review and approval of the drainage plan takes on increased significance. There were also issues raised in the staff report regarding emergency access, parking and road widths. Ideally, each of these should be addressed prior to approval. As Council will hear during public discussion, some of these are more important than others and some accommodation may be acceptable by members of Council in the review process. Staff will present all of the information that is available at the public hearing and will attempt to point out unresolved issues for benefit of the Council. Respectfully submitted, ~~ Robert C. Middaugh City Administrator A4.241 ~~ ~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: April 24, 1995 DATE PREPARED: April 11, 1995 CASE NO. & NAME: WZ-95-5/St. Ives CASE MANAGER: Meredith Reckert ACTION REQUESTED: Approval of a final development plan and plat LOCATION OF REQUEST: 10241 West 38th Avenue and 3975 Miller Ct. NAME & ADDRESS OF APPLICANT(S): St. Ives Realty, 200 Union Blvd., Lakewood NAME & ADDRESS OF OWNER(S) Raymond Michael Easley J. & Helen Huitt 6325 Depew Ct, Arvada 3975 Miller Ct, Wheat Ridge APPROXIMATE AREA: 21.7 acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single family residential/vacant SURROUNDING ZONING: N: A-1, R-2; S: PRD, R-1, C-1; E: PRD; W: R-3, PRD SURROUNDING LAND USE: N: low density, vacant; S: multifamily, commercial; E: low density, vacant; W: multifamily, low density COMPREHENSIVE PLAN FOR THE AREA: Low density residential/multiple use DATE PUBLISHED: April 6, 1995 DATE POSTED: April 10, 1995 DATED LEGAL NOTICES SENT: April 17, 1995 AGENCY CHECKLIST: (XX } RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: () COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( XX) SUBDIVISION REGULATIONS () OTHER () NOT REQUIRED () NONE ( XX) CASE FILE & PACKET MATERIALS () SLIDES (XX) EXHIBITS JURISDICTION: _ The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Stat4 Report Page 2 Case No. WZ-95-5/St. Ives REQUEST The applicant requests approval of a final development plan and plat for property located at 10241 West 38th Avenue and 3975 Miller Court, The property in question was rezoned pursuant to Ordinance 980. A condition of the approval was that the density not exceed 4.9 units per acre or 107 unRs. Please see attached Exhibit 'A' which is a reduction of the plan approved. 11. DEVELOPMENT PLAN The project is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with call box for visitors will let cars into the development. A secondary access point off of Miller Court is provided for emergency vehicles. It was originally approved on the right-of-way for 41st Avenue roughly 250 feet to the north, but was relocated due to the requirements for water line easement and emergency vehicle turning radii. Both the Fire District and Police Department still have concerns regarding emergency access from West 38th Avenue and the type of opening system being proposed. Details still need to be finalized prior to building permits being issued. The plan shows 107 single-family detached units. Minimum setbacks are 20 feet on the front, ten feet on the rear and generally five feet on the sides with a 10 foot adjacent structure separation. A provision has been made for 0 foot side yard setbacks which would allow for "patio home" type construction. Rear setbacks for lots along 38th and Miller Court will be a minimum of 20 feet. Maximum height and lot coverage are 36 feet and 40 feet, respectively. No individual lot fencing is allowed in the development. All units have four off-site parking spaces -two in the garage and two in the driveway. Communal parking at the rate of three to four spaces per pod has also been provided (a total of 30 with four additional spaces for the cabana/common area). This is less than what was shown at the outline stage (approximately 69 with five additional spaces for the cabanaJcommon area) however, that number related to a larger number of dwellings proposed (127). Staff recommends additional parking, perhaps as parallel parking pull-offs along the straight portions of the street, needs to be provided. All streets within the development will be privately owned and maintained. As such, they vary from the City's local street standard of 50 feet of right-of-way with a 34 foot section flow-line to flow-line. The proposed design shows roughly 22 feet of pavement with two-foot mountable gutters and an attached walk on one side. No on-street parking is proposed. The streets will be required to meet the City's standards for pavement design (i.e., thickness). Adequate provisions must be made for street maintenance and repair and snow removal. If on-street parking is to be allowed, then the width needs to be increased by two feet. A ten-foot-wide pedestrian path meanders internally through the site. This is shown as a separate easement on the plat. An additionat pedestrian path running along the 41st Avenue right-of-way from Miller Court to Miller Street and then north to 41st Avenue will meet the park land dedication requirement. This is consistent with the Parks and Recreation Commission recommendation. A six-foot-high perimeter fence will enclose the development. Along 38th Avenue it will be built of cedar with stucco columns. A strip of landscaping between the fence and street is provided with an eight foot detached asphalt path running through it. An accel/decel lane with curb and gutter will be built along Planning Division Staff Report Page 3 Case No. WZ-95-5/St. Ives 38th Avenue. Staff recommends that the same fence design as shown along West 38th Avenue be used along Miller Court, as well. A strip of landscaping has been provided between the back of walk and the fence. There is existing curb and gutter in place along Miller Court. The developer is required to dedicate ten feet of right-of-way and to build afive-foot-wide walk behind the existing improvements. All requirements for a final development plan have been met. III. DRAINAGE PLAN The drainage plan for the site provides for two basins flowing to the east. One is collected within an historic drainageway that crosses the site from the west to the east (southeast corner). The other is a smaller basis that will flow east at the northeast corner. Both are designed to handle general historic flows, undetained, but focused to those two exit points within "historic" drainageways, Yhat ultimately flow to Lena Gulch. Staff is concerned that concentrating developed runoff to these two points, without on-site detention, may be detrimental to the adjoining ownership to the east. Drainage easements need to be acquired from the owner to the east, and improvements made within those easements so as to convey the flows in anon-detrimental manner. We recommend that evidence of these easements be submitted and improvement plans be submitted to the City for review and approval prior to any building permits being issued. If such easements and improvements are not provided, then on-site detention needs to be built. This may displace home sites and will modify the final plan and plat. Staff suggests that such a revision if needed, be administratively approved. N. SUBDNISION PLAT The subdivision plat includes the existing single-family residence on Miller Court. This has been required so the owners can legally sell off the northern 2/3 as it is currently one parcel. This residence is designated as Block 2. The other 107 lots will be designated as Lots 1-107 of Block 1. These lots vary in size from 13,594 square feet to 5358 square feet. The private streets and pedestrian paths have been called out as separate tracts. 15 feet of additional right-of-way is being dedicated for West 38th Avenue. An additional ten feet is being dedicated for Miller Court. An approximate 25 foot X 20 foot piece of land at the intersection of West 41st Avenue and Miller Street will be dedicated as right-of-way in case the City ever develops the connection between 41st Avenues. Miller Street as it runs through the property will be vacated by separate document (Case No. WV-95-3) All other requirements of the Subdivision Regulations have been met. V. AGENCY REFERRALS Consolidated Mutual Water District can serve subject to district regulations. They concur with the 30-foot easement from Miller Court. Westridge Sanitation can serve the property. A 15-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Planning Division Staff Report Page 4 Case No. WZ-95-5/St. Ives Jefferson County School District reviewed this request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future improvements should lessen the problem. Wheat Ridge Fire District still has numerous concerns which need to be resolved. See attached Fachibit .B. The Police Department is requesting that internal addressing following the metropolitan grid system. They are requesting 24hour access to the property. Tickets can be issued for on-street fire lane parking violations on private streets. The Park and Recreation Commission is requesting construction of aten-foot-wide greenbeR access from Miller Court east on 40th Avenue to Miller Street and north to 41st Avenue. Public Works is currently reviewing a drainage report. They will require a 15-foot dedication for West 38th Avenue and construction of an accel/decel and curb, gutter and an 8-foot-wide asphalt path. The developer will eventually be required to participate in the construction of curb and gutter, however, this requirement will be delayed until the section for West 38th Avenue has been determined. A ten foot dedication is required for Miller Court, plus the construction of afive-foot-wide sidewalk. VI. Planning Commission reviewed this request at a public hearing held on April 6, 1995. A recommendation of approval was made for the subdivision for the following reasons: All requirements for a final development plan have been met. 2. It is generally in character with the approved outline development plan. With the following conditions: Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior 4o issuance of building permits. 2. Setbacks along West 38th Avenue and Miller Court be a minimum of 20 feet. 3. Additional congregate parking be provided to expand the paved surface (in the areas where parallel parking could be accommodated) by an additional two feet to 30 feet to accommodate future parking needs. 4. A landscaped buffer be provided along Miller Court between back-of-walk and screening fence. 5. The pedestrian path along West 41st be increased to ten feet in width. 6. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 7. Maximum building coverage and height be added to the plan notes. Planning Division Staff Report Case No. WZ-95-5/St. Ives Page 5 8. Obtain easements from bordering property owners including plans within the easements for drainage be recorded, reviewed and approved by City staff prior to issuance of building permits. In regard to the conditions of approval, Staff has the following comments: Item 1. The applicant is continuing to work with the Police Department and Fire District to resolve their concerns. Rem 2. Setbacks along Miller Court and 38th Avenue have been increased to 20 feet. Rem 3. The applicant has addressed the parking issue by widening the street. Rem 4. A landscaped buffer has been provided along Miller Court. Item 5. The pedestrian path has been increased to ten feet in width. Rem 6. Homeowner covenants will be submitted for review. Rem 7. Maximum building coverage of 40% and a 35-foot height maximum have been added to the notes. Rem 8. The applicant has been working with the adjacent property owner to obtain a drainage easement. If a resolution cannot be reached, the applicant will have to retain on-site, thus losing a certain number of building sites. They have asked for development plan approval with administrative approval 4o replace the appropriate number of lots with drainage easements, if required. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the requirements for a final development plan have been met and that the proposal is generally in character with the approved outline development plan. For these reasons, a recommendation of Approval is given with the following conditions: Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 3. If drainage easements can't be reached with the adjacent property owner, Staff will have the ability to amend the plan by replacing building lots with drainage retention areas. In regard to the platting document, Staff concludes that all requirements of the Subdivision Regulations have been met. A recommendation of Approval is given for the plat. VIII. RECOMMENDED MOTIONS Development Plan OPTION A: "I move that Case No. WZ-95-5, a request for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: • ! Planning Division Staff Report Page 6 Case No. WZ-95-5/St. Ives 1. All requirements for a final development plan have been met. 2. It is generally in character with the approved outline development plan. With the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 3. If drainage easements can't be reached with the adjacent property owner, Staff will have the ability to amend the plan by replacing building lots with drainage retention areas. OPTION B: "I move that Case No. WZ-95-5, a reques4 for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Denied for the following reasons: 1. 2. 3. " Subdivision Plat OPTION A: "I move that Case No. WZ-95-5, a request for approval of a subdivision plat for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reason: 1. All requirements of the Subdivision Regulations have been met. OPTION B: "I move that Case No. WZ-95-5, a request for approval of a subdivision plat for property located at 10241 Wes4 38th Avenue and 3975 Miller Court, be Denied for the following reasons: 1. 2. 3. " b:~wz955.sr ~• ~• Case No. WZ-95-5 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Questions regarding access, maintenance, etc. See Exhibit'B'. Schools: Can serve. Water: (Consolidated Mutual) Can serve subject to district requirements. Sewer: (Westridge) Will require line extensions. U S West: No response. Public Service Co.: Still reviewing. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning): No response. Adjacent City: Other: (Post Office) Not adequate facilities to serve. CITY DEPARTMENTS Public Works: Reviewing drainage report. Will require 15 foot and 10 foot dedications on 38th Avenue and Miller Court. Parks and Recreation: Construction of a pedestrian path north of 41st Avenue Police: Still has concerns regarding 24-hour emergency access. Building Inspection: c:~wp60~pc~wz955.airs ~~ !~ '~.' Q N I_ I •~ m O X z w_ w Q U i• ~~ ~~ V W ~~ I I~ '~ ~ ~~ I u• I. ~,_--~.~ ~° ~I 3~ F~3 a~ e i ~ ~ ~~, ~5~~a ~3~ ~~~ ~°~ ~ ~~~ W ~~~~~~~ ol~~~~., ~.: :: - uy~I~' N ~ ~ p ~ ~~ ~ ,g ~ x< 0 ~ n .~~ ~, ~~~~ ~ ~'r~~;~y1~ \ rr :~Z' ~'r~\~l`•t 0.l •y~~'..\1w~ ~\~~~•~~~ ~`. ,ta ,• .. ,,1\\~ fir: I ~[' ~ }V, .4. .' , .\ ''~ .,\.. it ., ~. ~ I t I I ~~... '~ i \; \ ~ ~', ;< ~ ~~''' ~~ Q °'~ • __:~ • ~3/1N~itbt `;rigs .. ~~--r, ,~, . T I~~;~~ t x ~`~I »~ `~ ~i ~ ''~ ~I~ w` "~.~. ~ ~ ,~~~~~ .„ ~,:~~ ,~ i,~ • ;~ i•~ ,~~ -fir ~ . I ''~~ ~ ~~i 1 ' ;., ~ ~1F ~~ ~ ~ `~l S. ~~ I ~ ~r~W ~5t J a •' :~ ~F~~ °~~ x ~'` ; I ~~° ~ ~~ey i~ ~~~ ld :..~~~ g~~3 I '1 ~~~ y~V.o l~l~i 5 *~\U~ .~ ~ /ll rJ ~~~~~~ . _- ~ .~~ a, ~h4 ~~o n M E M O R A N D II M TO: Gerald Dahl, City Attorney FROM: Glen Gidley, Director of Planning & Development RE: Cambridge Park Covenants DATE: May 3, 1995 The accompanying covenants relate to a final planned residential development plan that Council will review at public hearing on May 8th. Please review these covenants relative to our planned development "Unified Control Agreement" provisions of .our PUD regulations. There are certain provisions that we have a particular interest in retaining in perpetuity, or at least we should reserve the right of approval to change. Therefore, my question is ,- should the City be a co-declarant or should there be a requirement of approval by the City relating to changes to those specific provisions that we have overriding interest? Those provisions that the City should have particular interest in preserving are_ 6.1 -'b.4; 6.8; 6.9; 6.72 - 6.18; 8.1 - 8.3; 16.13 and 16.14. You`find others, as well. GEGcslw _~_. b:\5395dahl.mem attachment DECLARATION OF PROTECTIVE C_O_VENANTS FO_R CAMBRIDGE PARR WHEREAS, SURREY ENTERPRISES LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY ("Declarant") has caused certain real property in Jefferson County, Colorado, to be surveyed, subdivided and platted into one-hundred and seven (107) residential parcels .described as Block 1, Lots 1 through 107 (collectively "Residential Lots"), and Common Elements, as shown on the plat of CAMBRIDGE PARK (the "Subdivision"), which plat has been filed for record in the real property records of Jefferson County, Colorado, on the day of 1995, in Plat Book at_Pages (the "Plat"). NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Block 1, CAMBRIDGE PARK, as so platted and above described, does hereby declare and acknowledge that all of the lands designated as Block 1 on the Plat are and shall hereafter be subject to all of the covenants, conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges and other provisions contained in the following thirty- seven pages. These covenants shall run to the benefit of and be enforceable by the owners of the Residential Lots, as they may exist from time to time and the Declarant, its successors and assigns, so long as said Declarant is an owner of Residential Lots, and as otherwise may be provided in these Declarations. IN WITNESS WHEREOF, Declarant, as the owner in fee of all of the lands within Block 1, CAMBRIDGE PARK, has executed this instrument this day of , 1995. SURREY ENTERPRISES LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY By: David C. Dertina, Manager STATE OF COLORADO COUNTY OF JEFFERSON ss. The foregoing instrument was acknowledged before me this day of ,_1995 by David C. Dertina as Manager of Surrey Enterprises Limited Liability Company, a Colorado Limited Liability. Company. WITNESS my hand and seal. My commission expires:- Notary Public PARR DECLARATIONS Page 1 DECLARATION OF PROTECTIVE COVENANTS FOR CAMBRIDGE PARI( TABLE OF CONTENTS Contents ARTICLE 1 -- PURPOSE OF COVENANTS 1 1.1 General Requirements .. 1 1.2 Planned Community 1 ARTICLE 2 - - DEFINITIONS 2.1 Allocated Interests 2.2 Association . 2.3 Common Elements . 2.4 Common Expense . 2.5 D~=~clarant 2.6 Declaration , 2.7 First Mortaaae . 2.8 First Mortgagee. . 2.9 Member 2.10 Mortgage 2.11 Mortaagee. 2.12 Owner 2.13 Plat • 2.14 Residential Lots 2.15 Subdivision or Proiect . 216 Unit -, ., , 2.17 Additional Definitions ,, , ARTICLE 3 - - HOMEOWNERS ASSOCIATION . 3.1 Membership and Voting Rights in the Association 3.2 Association Easement . 3.2.1 Utility Easement 3.3 Governing Instruments 3.4 Duties and Voting of Board . 3.5 Marketing Period . 3'.6 Election of the $oard 3.7 Removal of Directors . 3.8 Delivery of Association Property , 3.9 Examination of gooks and Records . 3.10 Additional Property 3.11 Budaet ARTICLE 4 -- PURPOSES AND POWERS OF ASSOCIATION . 4.1 Nonprofit Purpose 4.2 Association Powers . 4.3 Assessments 4.3.1 Excess Assessments 4.3.2 Interest 4.3.3 Misconduct. . Page . 1 . 1 . 1 . 1 . 1 . 2 . 2 . 2 . 3 . 3 . 3 . 3 . 3 . 3 . 3 . 3 . 3 4 . 4 . 4 . 4 . 4 . 5 . 5 . 5 . 6 . 6 . 6 . 6 . 7 . 7 7 . 7 . 7 . 9 . 9 . 9 . 9 CAMBRIDGE PARR DECLARATIONS Paqe ii 4.3.4 No Waiver or Abandonment 10 4.4 Working Fund 10 4.5 ,Assessment Lien 10 4.6 Statement of Assessments and Liability o Purchasers 11 4.7 Association As Attorney-in-Fact li 4.8 Owner Compliance 12 4.9 Limitation of Association's powers 12 4.I0 Incorporation into Future Filings 13 ARTICLE 5 -- ARCHITECTURAL COMMITTEE 13 5.1 Architectural Committee ,__. 13 5.2 A~~roval by Architectural Committee 13 5.3 Variances 14 5.4 General Requirements 14 5.5 Preliminary Approvals 14 5.6 Architectural or Landscaping Plans 14 5.7 Architectural Committee Not Liable 15 5.8 Written Records 15 ARTICLE 6 -- GENERAL RESTRICTIONS ON ALL LOTS 15 6.1 Zoning Regulations . 15 6.2 No Mining, Drilling or Ouarryina 15 6.3 No Busi_ne_ss Uses 15 6.4 Signs 16 6.5 Animals „_. ~ 16 6.6 Service Yards and Trash 16 6.7 No Discharge of Firearms 17 6.8 Number and Location of Buildings 17 6.9 Towers and Antennae. 17 6.10 Trees and L_andscapinq 17 6.11- Tanks 17 6.12 Used or Temporary Structures . 17 6.13 Exterior Lighting 18 6. ~.4 Weed Control 18 6.15 Road Damage 18 6.16 Parking and Vehicle Storage 18 6.17 Fencing 19 6.18 Minor Violations of Setback Restrictions 19 6.19 Leases 19 ARTICLE 7 -- PROPERTY RIGHTS 20 7.1 Owners' Easements of Enjoyment 20 7.2 Delegation of Use 20 7.3 Termination of Mechanic's Lien Rights 20 ARTICLE 8 -- OTHER EASEMENT DEDICATIONS AND RESERVATIONS 20 8.1 Access and Utility Easements 20 8.2 Plat Notes Easements and Restrictions 21 8.3 . Utility Easements Reserved . ... 21 CAMBRIDGE PARR DECLARATIONS Page iii ARTICLE 9 -- ENFORCEMENT 21 9.1 Enforcement Action 21 g,2 Limitations on Actions 21 ARTICLE 10 -- INSURANCE 21 10.1 Insurance 21 10.2 Fidelity Insurance ~ 22 10.3 Other Insurance 22 10.4 Owners Insurance • 22 10.5 Expenses Insurance Premiums are Common 23 ARTICLE 11 -- OBSOLESCENCE 23 li.l Renewal and Reconstruction .. 23 ARTICLE 12 -- CONDEMNATION 24 12.1 Total Condemnation 24 12.2 Partial Condemnation 24 12.3 Condemnation of Common Elements. 24 12.4 Recordation of Decree 24 12.5 Confirmation of Reallocations 25 ARTICLE 13 -- SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 25 13.1 Special Declarant Rights 25 13.1.1 Completion of Improvements 25 13.1.2 Exe c~ of Development Riahts 25 13.1.3 Sales Management and Marketing 25 13.1.4 Construction Facilities 25 13.1.5 Construction Easements 25 13.1.6 Master Association 25 13.1.7 Merger • • 25 Board of 13.1.8 Control of Association and Directors . 26 13.1.9 Amendment of Declaration 26 132 Additional Reserved Riahts 26 13.2.1 Use Agreements 26 13.2.2 Other Riahts 26 13.3 Rights Transferable 26 13.4 Legal Description 26 ARTICLE 14 -- RESERVATION OF EXPANSION AND DEVELOPMENT ' RIGHTS 26 14.1 Expansion Riahts 26 14.2 Development and Withdrawal Rights 26 14.3 Amendment of the Declaration 27 14.4 Amendment of the Plat 27 14.5 Interpretation 27 14.6 Maximum Number of Units _ 28 14.7 Construction 28 14.8 Construction Easement _ 28 14.9 Reciprocal Easements 28 CAMBRIDGE PARR DECLARATIONS Page iv 14.10 Termination of Expansion and Development Rights 29 14.11 Legal Description 29 ARTICLE 15 -- TERMINATION AND AMENDMENT OF DECLARATION 29 15.1 Termination 29 15.2 Amendment 29 15.3 Unanimous Consent Required for Certain Amendments 30 15.4 Association Certification. 30 15.5 Expenses 30 ARTICLE 16 -- GENERAL PROVISIONS 31 16.1 Covenants to Run 31 16.2 Severability 31 16.3 Repeal of the•Act• 31 16.4 31 16.5 31 16.6 31 16.7 Gender 31 16.8 Applicable Law 32 16.9 Binding Agreement 32 16.10 Reference to Ownership Interests 32 16.11 Association as Attorney-in-Fact - Power of Attorney 32 16.12 Non-Ded cation of.Common Elements .. 32 16..13 Sfreets.'and.'Parking .. _ 33 16.14 ' 'Police,' Eire 'arid' Etner'geric~ 'A'ccess 33 PARR DECLARATIONS Page v DECLARATION OF PROTECTIVE COVENANTB, CONDITIONS AND RESTRICTIONS FOR CAMBRIDGE PARR ARTICLE 1 -- PURPOSE OF COVENANTS 1.1 General Requirements. The name of the common interest community created hereby is "CAMBRIDGE PARR" (hereinafter "Subdivision"). It is the intention of the Declarant to provide for the preservation and enhancement of property values in the Subdivision, contributing to the personal and general safety and welfare of residents and for the maintenance of the Common Elements, and to this end desires to create platted lots for residential use under the authority of and in compliance with the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et seq. (the "Act"), and for that purpose, Declarant desires to subject the Subdivision, together with such additions as may hereafter be made thereto, to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Subdivision and each Owner (all as hereinafter defined) thereof. 1.2 Planned Community. The Subdivision shall be considered a planned community for purposes of the Act. ARTICLE 2 -- DEFINITIONS 2.1 Allocated Interests shall mean the common liability and votes in the Association allocated Residential Lot. The common expense liability allocate Residential Lot shall be a fraction of the common numerator of which is one and the denominator of total number of Residential Lots within the planned time to time. Such initial fraction is one divide expressed as a percentage is .93 percent. On Association is allocated to each Residential Lot. 2.2 Association. "Association shall mean the OWNERS ASSOCIATION, INC. PARK 2.3 Common Elements. "Common Elements" shall mean and include all of the land within the Subdivision and all of the improvements and utilities not owned by the utility provider, public or-quasi-public entity, now or hereafter constructed thereon, excluding, however, the Residential Lots. The Common Elements shall be owned by the Association and may be conveyed by a deed from the Declarant to the Association. The legal description of the Common Elements is set forth in the plat. 2.4 Common Expense. "Common Expense" shall mean and refer to: expense to each d to each d by 107, which e vote in the expenses, the which is the community from PARR DECLARATION3 Page 1 2.4.1 Expenses of administration, operation, management, repair, maintenance or replacement of the Common Elements of the Subdivision; 2.4.2 Expenses declared Common Expenses by the provisions of this declaration, the Articles of Incorporation and Bylaws of the Association; 2.4.3 All sums lawfully assessed against the Residential Lots by the Board of the Association; 2.4.4 Expenses determined to be Common Expenses by the Association; 2.4.5 Expenses as are provided in any management agreement applicable to the Subdivision; 2.4.6 Expenses incurred in-the maintenance of any property over which the Association has a license and maintenance agreement with public agencies, authorities or utilities or any expenses incurred pursuant to an agreement with a private entity, association or person which provides for shared maintenance, upkeep, improvement, replacement or repair for property (real or personal) used by the Association and such other entity or person; and 2.4.7 Allocations to reserves. 2.5 Declarant. The Declarant is Surrey Enterprises Limited Liability Company, a Colorado Limited Liability Company and any person or group of persons who reserves or succeeds to any special declarant right. 2.6 Declaration. This Declaration of Protective Covenants for Cambridge Park, and any and all duly executed amendments, supplements, or additions to this Declaration recorded in the office of the Clerk and Recorder of Jefferson County, Colorado, and including any maps or plats recorded in connection therewith. 2.7 First Mortaaae. "First Mortgage" shall mean and refer to any unpaid and outstanding mortgage, deed of trust or' other security instrument recorded in the records of the office of the Clerk and Recorder of Jefferson County, Colorado, encumbering any Residential Lot having priority of record over all other recorded liens except those governmental liens made superior by statute (such as general ad valorem tax liens and special assessments). "First Mortgage" shall also mean and refer to any executory land sales contract wherein the Administrator of Veterans Affairs, an Officer of the United States of America, is the seller, whether such contract is recorded or not, and whether such contract is owned by the Administrator or has been assigned by the Administrator and is owned by the Administrator's assignee, or a CAMBRIDGE PARR DECLARATIONS Page 2 remote assignee, and the land records in the Office of the Clerk and Recorder of Jefferson County, Colorado show the Administrator as having the record title to the Residential Lot. 2.8 First Mortoagee. "First Mortgagee" shall mean and include the holder or beneficiary of any recorded First Mortgage encumbering a Residential Lot. 2.9 Member.. "Member" shall mean and refer to those persons entitled to membership in the Association. "Member" and "owner" (as hereinafter defined) may be used interchangeably herein, unless the context provides otherwise. 2.10 Mortaacre. "Mortgage" shall mean and include any recorded mortgage, deed of trust or other security instrument by which a Residential Lot or any part thereof is encumbered. 2.11 Mortgagee. "Mortgagee" shall mean and include a beneficiary under a Mortgage. 2.12 owner. "Owner" shall mean and include any person or entity, including the Declarant, at any time owning a Residential Lot. The term "Owner" shall not refer to any Mortgagee as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure, or any proceeding in lieu of foreclosure. The terms "Owner" and "Member" (as hereinabove defined may be used interchangeably herein, unless the context provides otherwise. 2.13 Plat shall mean that map recorded at Plat Book at Pages of the records of the Clerk and Recorder of Jefferson County, Colorado (hereinafter referred to as "Plat") and any Amendments or Replats thereof of all or a portion of land within the Subdivision. The "Notes" on the various sheets comprising the Plat are hereby incorporated herein by this reference and shall be fully enforceable as though set forth herein. 2.14 Residential Lots shall mean all of the subdivision lots designated on the recorded plat of the Subdivision by a number from 1 to 107,- and any additional lots that may be added. A Residential Lot shall be deemed a "Unit" for purposes of the Act. 2.15 Subdivision or Project. The terms "Subdivision" or "Project" shall mean all of the lands within the subdivision according to the Declaration of Protective Covenants for Cambridge Park and the Plat thereof, as herein defined, filed for record in the real property records of Jefferson County, Colorado. 2.16 unit shall mean a physical portion of the planned community which is designated for separate ownership and the CAMBRIDGE PARR DECLARATIONS Page 3 boundaries of which are described in or determined from the Plat. "Residential Lot" and "Unit" are used interchangeably herein. 2.17 Additional definitions are set forth elsewhere in this Declaration and the Act. ARTICLE 3 -- HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Rights in the Association. All persons or associations who own or acquire the title in fee to any of the Residential Lots in the Subdivision, by whatever means acquired, shall automatically become Members ("Members") of CAMBRIDGE PARK HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "Association") a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association as recorded or filed in the records of the State of Colorado, and as the same may be duly amended from time to time. 3.1.1 The owner of each Residential Lot shall be entitled to one membership in the Association. Membership in the Association shall be appurtenant to, and may not be separated from, ownership of a Residential Lot. 3.1.2 Each membership shall be entitled to one vote. If more than one individual or entity owns interest in a Residential Lot, a representative of such multiple owners shall be designated by them and shall vote the vote allocated to such membership. There shall be no fractional voting permitted. 3.1.3 The Members representing a majority of votes in the Association shall constitute a quorum. 3.2 Association Easement. The Association shall have the right o~ access to each Residential Lot, and the Common Elements from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of utility extensions, roads and fences, ditches and irrigation systems, for lawn mowing and maintenance,,and at any time for the making of emergency repairs, and shall have a nonexclusive easement as may be appropriate to perform the duties and functions which' it is permitted to perform pursuant to this Declaration. 3.2.1 Utilitv Easement. The Association shall have the right to establish utility easements from time to time for the benefit of the Common Elements and the Residential Lots across any of the lands within the Subdivision subject, however, to the prior approval of the location of said easements by the Architectural Committee, which approval shall not be unreasonably withheld; further provided, however, that the Architectural Committee may impose conditions on the use, installation, revegetation or PARR DECLARATION3 Page 4 rehabilitation required to restore any disturbed property to its prior condition after completion of the installation of any suchutilities. All such utilities shall be installed underground except for the components of such systems that must be placed above ground, such as, without limitation, electrical transformer vaults, telephone pedestals and water well pumps and control structures. 3.3 Governinu Instruments. The administration of the Association shall be governed by this Declaration and the Articles of Incorporation-and Bylaws of the Association. 3.4 Duties and Voting of Board. The Board of Directors of the Association (the "Board") shall have the duties of management, operation, and maintenance of the utilities and roads of the Subdivision, enforcement of the provisions of this Declaration, the Articles and Bylaws of the Association, and the rules and regulations adopted by the Board of Directors thereunder. 3.4.1 If appointed by the Declarant, the officers and members of the Board are required to exercise the care required of fiduciaries of the Residential Lot Owners. 3.4.2 If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such Board member's duties except for wanton and willful acts or omissions. 3.4.3 The Board of Directors shall act by majority vote. 3.5 Marketing Period. This Declaration provides for a period of Declarant control of the Association (the "Marketing Period"), during which period the Declarant, or persons designated by it, may appoint and remove the officers and members of the Board and Association. The Marketing Period shall terminate no later than either: i) sixty days after conveyance to Unit Owners other than the Declarant, of seventy-five percent (75~) of the Units that may be created; ii) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; or iii) two (2) years after any right to add new Units was last exercised. 3.5.1 The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board and Association before termination of the Marketing Period, but, in that event, the Declarant may require, for the duration of the Marketing Period, that specified actions of the Association or Board be approved by the Declarant before they become effective. CAMBRIDGE PARR DECLARATIONS Page 5 3.6 Election of the Board. The Board of Directors shall be composed of between three (3) and five (5) persons as determined by the By-Laws of the Association from time to time. Initially the Declarant shall appoint all of the Directors. However, not later than sixty (60) days after conveyance of twenty-five percent (25g) of the Residential Lots that may be created to Owners other than the Declarant, at least one member and not less than twenty five percent (25~) of the members of the Board of Directors must be elected by Residential Lot Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50$) of the Residential Lots that may be created to Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/3~) of the members of the Board of Directors must be elected by Residential Lot Owners other than the Declarant. Not later than the end of Marketing Period, the Owners of the Residential Lots shall elect the entire Board of Directors, at least a majority of whom must be Residential Lot Owners other than the Declarant or designated representatives of Residential Lot Owners other than the Declarant. 3.7 Removal of Directors. The Members may remove a Director other than a Director appointed by the Declarant, with or without cause, by a sixty-seven percent vote of the Members present and entitled to vote at a meeting of the Members at which a quorum is present. 3.8 Delivery of Association Property. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Board, the Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by the Declarant, including without limitation, the items required of The Act. 3.9 Examination of Books and Records. All Owners, First Mortgagges, insurers or guarantors of a First Mortgage of a Residential Lot in the Project shall, upon request, be entitled to: 3.9.1 Inspect the books and records of the Association during normal business hours; 3,9.2 Receive a copy of a financial statement of the Association for the preceding fiscal year at no charge; 3.9.3 Written notice of all meetings of the Association and be permitted to designate a representative to attend all of such meetings; and 3.9.4 Receive current copies of this Declaration, Bylaws, Articles of Incorporation and any Rules and Regulations concerning the Project, provided that reasonable copying charges are advanced to the Association by the party requesting copies. CAMBRIDGE PARR DECLARATIONS Page 6 If requested- by a holder, insurer or guarantor of a First Mortgage in writing, an audited financial statement for the immediately preceding fiscal year will be provided free of charge to the party so requesting, if available. If an audited financial statement is unavailable, then one shall be prepared at the expense of the party so requesting and furnished within a reasonable time following such request. 3.10 Additional Property. The Association may acquire and hold for the benefit of all of the Owners any real or personal property and may dispose of the same by sale or otherwise. The beneficial interest in any such property and the Common Elements shall be owned by all of the Owners in the same proportions as their respective Allocated Interests, and the Owners' interests shall not be transferable except with the conveyance of such Owner's Residential Lot. A conveyance of a Residential Lot shall transfer to the grantee ownership of a grantor's beneficial interest in all property interests which are associated with or appurtenant to the Owner's Residential Lot, including but not limited to the interest in property owned by the Association as provided herein. 3.11 Budget, The Association must prepare an annual budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting seventy-five percent of all Unit Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Unit Owners must be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board. ARTICLE 4 -- PURPOSES AND POWERS OF ASSOCIATION _ 4.1 Nonprofit Purpose. The Association shall not operate for pecuniary gain or profit, shall not issue capital stock, and no part of the net earnings of the Association shall inure~to the benefit of any member or individual (except that reasonable compensation may be paid for services rendered by an Owner or an affiliate thereof). 4.2 Association Powers. The Association is hereby granted all powers necessary to govern, manage, maintain, repair, administer, and regulate the Subdivision and to perform all of the duties required of it. CAMBRIDGE PARR DECLARATIONS Psge 7 4.2.1 In furtherance of the Association purposes, the Association (by action of its Board of Directors, unless otherwise noted in the Articles of Incorporation or in the Declaration) shall have full power to: (a) Adopt and amend Bylaws and Rules and Regulations; (b) Adapt and amend budgets for revenues, expenditures, and reserves and collect assessments for Common Expenses from Residential Lot Owners; (c) Hire and terminate managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Subdivision; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of Common Elements; (g) Cause additional improvements to be made as a part of the Common Elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property; (i) Grant easements, leases, licenses, and concessions through or over the Common Elements; (j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements; (k) Impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association; (1) Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid assessments; (m) Provide for the indemnification of its officers and Board and maintain director's and officer's liability insurance; (n) Exercise any other powers conferred by the Declaration or Bylaws or the Act; CAMBRIDGE PARR DECLARATIONS Page 8 (o) Exercise all other powers that may be exercised in the State of Colorado b_y legal entities of the same type as the Association; and the governanceEandcoperationtofrthe Associationry and proper for 4.3 Asse___ ssment_s. All Owners shall be obligated to pay assessments imposed by the Association to meet the Common Expenses of the Subdivision. Until the Association makes a Common Expense Assessment, the Declarant shall pay all Common Expenses. Except as otherwise provided in this Declaration, the percentage of Common Expenses to be paid by a Residential Lot owner shall be equal to such owner's Allocated Interests. In addition, the Association may apportion the assessments against such Residential Lots based on the benefits or burdens related to a particular Residential Lot or class of Residential Lots in its reasonable discretion. Common Expenses may include the costs of additions, maintenance and operation of utilities, roads and fences, expenses of management, lawn care, taxes and special assessments unless separately assessed, landscaping, recreational facilities and activities, irrigation activities and care of grounds for all lands within the Subdivision, additions, repairs and renovations, trash and garbage collection, wages, snow removal, irrigation and water system additions, repairs and maintenance, costs of security and entry control, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit from a previous assessment, creation of a reasonable contingency, reserve or surplus fund, and other costs and expenses relating to the Subdivision. Assessments shall be a personal obligation of each Owner and suit to recover money judgment shall be maintainable without waiving the lien securing the same. 4.3.1 Excess Assessments. In the year in which there is an excess of assessments received over amounts actually used for the purposes described herein, and in the Bylaws, such excess may be applied against and reduce the subsequent year's assessments or be refunded to the Members as the Board determines. -- 4.3.2 Interest.. Any past-due assessment or installment thereof shall bear interest atntheprate established by the Association not exceeding the maximum interest rate allowed by Colorado law. In the absence of an interest rate established by the Association, the interest rate shall be eighteen (18~) percent per annum. 4.3.3 Misconduct. If. any Common Expense is caused by the misconduct of any Owner, its family, guests or invites, the Board may assess that expense exclusively against such Owner's Residential Lot. CAMBRIDGE PARR DECLARATIONS P8ge 9 4.3.4 No Waiver or Abandonment. No Owner may be exempt from liability for payment of the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Residential Lot against which the assessments are made. 4.4 Workincr Fund. The Association or Declarant shall require the first Owner of each Residential Lot (other than Declarant) to make a nonrefundable payment to the Association in an amount equal to one-sixth (1/6} of the annual Common Expense assessment against that Lot in effect at the closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time Declarant's control of the Association terminates, and shall be maintained for the use and benefit of the Association. In addition, a Declarant then owning Units will pay the Association an amount equal to two (2) times the monthly assessment against all Units then owned by it (unless such payment has previously been made with respect to such Units). Such payment shall not relieve an Owner from making regular payments of assessments as the same become due. Upon the transfer of his Residential Lot, an Owner shall be entitled to a credit from his transferee, but not from the Association, for any unused portion of the aforesaid working fund. 4.5 Assessment Lien. 4.5.1 Assessments chargeable to any Residential Lot shall constitute a lien on such Residential Lot superior to all other liens and encumbrances except: (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) a First Mortgage which was recorded before the date on which the assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Residential Lot. 4.5.2 An assessment lien under this Section 4.5 is superior to a First Mortgage which was recorded before the date on which the assessment sought to be enforced became delinquent to the extent of: (a) an amount equal to the Common Expense assessments based on a periodic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six months immediately preceding institution of an action to enforce the lien. 4.5.3 This section does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments-made by the Association. CAMBRIDGE PARR DECLARATIONS Page 10 4.5.4 Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation is required. However, the Soard may prepare and record in the real property records of Jefferson County, Colorado, a written notice setting forth the amount of any unpaid indebtedness, the name of the Owner, and a description of the unit. 4.5.5 The Association's lien may be foreclosed in like manner as a mortgage on real estate. 4.5.6 Upon such foreclosure the Association's claim shall include the amount of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs and expenses of filing the notice of lien, and reasonable attorney's fees. Any deficiency remaining after foreclosure shall be a Common Expense. The Association may bid on the Residential Lot at foreclosure sale and hold, lease, mortgage, or convey the same. 4.5.7 The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead and any other exemption with respect to the assessment lien. 4.6 Statement of Assessments and Liability of Purchasers. The Association shall furnish to an Owner or his designee or to a Mortgagee or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Residential Lot. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or Mortgagee or their designee, delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Residential Lot for unpaid assessments which were due as of the date of the request. 4.6.1 The grantee of a Residential Lot shall be jointly and severally liable with the grantor for all unpaid assessments against the tract accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. 4.7 Association As Attorney-in-Fact. The title to any Residential Lot is hereby declared and expressly made subject to the terms and conditions hereto, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or any prior Owner shall constitute the appointment of the Association as the Owner's attorney-in-fact for the purposes expressly set forth in this Declaration. The Association, as attorney-in-fact, shall CAMBRIDGE PARR DECLARATIONS Page li have full and complete authorization, right and power to: i make, execute and deliver any contract, deed or other document with respect to the interest of the Owner of a Residential Lot for executep derive r and f le off re ord w th the officer of the Clerk and Recorder of Jefferson County, Colorado, such instruments, deeds, -Maps and Declaration amendments and supplements as are necessary or desirable for the purposes expressly set forth in this Declaration. 4.8 Owner Compliance. Each Owner shall comply strictly with the provisions of this Declaration, any supplement or amendment hereto, the Articles of Incorporation and Bylaws of the Association and all decisions, resolutions, Rules and Regulations of the Association adopted in accordance with this Declaration and the Articles of Incorporation and Bylaws of the Association. Failure to comply with any of the same shall be grounds for an action to recover any amounts due, for damages or injunctive relief or both, together with attorneys' fees and costs incurred in connection therewith, brought by the Association on behalf of the owners, or, in a proper case, by any aggrieved Owner. 4.9 Limitation of Association's Powers. Notwithstanding the above, unless srxty-seven percent (67$) of the First Mortgagees who have registered pursuant to Section 16.6 below, (based upon one (1) vote for each First Mortgage owned or held), have given their prior written approval, and the Owners to which ninety percent (90$) of the votes are allocated have given their prior written approval, the Association shall not be empowered or entitled to: 4.9.1 By act or omission, seek to abandon or terminate the Project or dissolve the Association; 4.9.2 By act or omission, seek to abandon, partition, subdivide, encumber, mortgage, sell or transfer any property of the Association or the Common Elements or any improvements on the Common Elements (provided that the granting of easements, for public uses or for the benefit of any adjacent subdivision or development, in such common elements by the Association shall not be deemed a transfer within the meaning of this clause); 4.9.3 Use hazard insurance proceeds for losses to any part of the Subdivision (whether as to Units or Common Elements) for other than the repair, replacement, or reconstruction of such property, except as otherwise provided by the Act in case of substantial loss to the Units or Common Elements; CAMBRIDGE PARR DECLARATIONS Page 12 4.9.4 Except as may result from the exercise of Special Declarant, additional reserved and expansion and development rights in this Declaration, change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner or the Allocated Interests of each Owner and their beneficial interests in the Common Elements 4.iD 2ncorboration into Future Filings. For purposes of administration, maintenance and the sharing of Common Expenses, the Association may be incorporated into any association created in the future pursuant to-the further subdivision of lands now or hereafter owned by Declarant, its successors and assigns adjacent to the Subdivision. Without incorporation, the Association may contract with any other developer, owner or homeowners association which administers adjacent property to mutually undertake functions similar to those undertaken by the Association pursuant to this Declaration and the costs incurred pursuant to said contract shall be a Common Expense of the Association. ARTICLE 5 -- ARCHITECTURAL COMMITTEE 5.1 Architectural Committee. The Architectural Committee shall mean the Board of Directors of the Association. The Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument, and may, but shall not be required to, establish guidelines and requirements for compliance with its authority, including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. 5.2 Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling houses, outbuildings, swimming pools, courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks, landscaping, landscaping watering systems or irrigation ditches or structures, shall ever be constructed or altered (including any change in exterior color or materials), on any lands within the Subdivision, nor may any vegetation be altered or destroyed nor any landscaping performed on any Residential Lot, unless the complete architectural plans for such construction or alteration or landscaping -are approved in writing by the Architectural Committee prior to the commencement of such work, provided, however, that the Declarant shall be exempt from seeking or obtaining Architectural Committee approval during Declarant's development of, construction on, or sales of any Unit or dwelling residences on any Lot. No person shall have the right to rely on any oral approval. In the event the Architectural Committee fails to take any action within forty-five (45) days after complete architectural or landscaping plans for such work have been submitted to it, then all of such submitted plans shall be deemed to be approved. In the event the Architectural Committee CAMBRIDGE PARR DECLARATIONS Page 13 shall disapprove any architectural or landscaping plans, the person or association submitting such plans may appeal the matter to the next annual or special meeting of the Members of the Association, where a vote of at least sixty-seven (67 $) of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. 5.3 Variances. Where circumstances such as topography, location of property lines, location of trees and brush, or other matters require,_the Architectural Committee may, by a two-thirds vote, allow reasonable variances as to any of the covenants contained in this Declaration, on such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each Member of the Association. In the event any five (5) Members shall notify the Architectural Committee in writing of their objection to such variance within said 30-day period, the variance shall not be allowed until such time as it shall have been approved by a vote of at least sixty seven (67$) the votes entitled to be cast at an annual or special meeting of the Members of the Association. 5.4 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Subdivision conform and harmonize with the surroundings and with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. The Architectural Committee shall establish a schedule for periodic exterior painting of all buildings on each Residential Lot and each Owner shall be responsible for having said painting completed at said Owner's sole cost and expense. The Architectural Committee shall specify the color and type of paint to be used. 5.5 Preliminarv Approvals. Persons or associations who anticipate constructing improvements or landscaping on lands within the Subdivision, whether they already own lands in the Subdivision or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural or landscaping plans are submitted and approved or disapproved. 5.6 Architectural or Landscapina Plans. The Architectural Committee shall disapprove any architectural or landscaping plans submitted to it which are not sufficient for it to exercise the judgment required of it by this Declaration. All landscaping plans shall include detailed information on the PARR DECLARATIONS Page 14 watering system proposed for said landscaping. All watering systems shall be designed to avoid adverse drainage impacts on adjacent properties. The Architectural Committee shall have the right to specify= plant materials in order to avoid such adverse drainage impacts. 5.7 Architectural Committee Not Liable. Neither the Architectural Committee nor its members shall be liable in damages to any person or association submitting any architectural or landscaping plans for approval, or to any owner or owners of lands within the Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural or landscaping plans. Any person or association acquiring the title to any property in the Subdivision, or any person or association submitting plans to the Architectural Cc,~unittee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 5.8 Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it (including one set of all plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE 6 -- GENERAL RESTRICTIONS ON ALL LOTG 6.1 honing Regulations. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning regulations of the City of Wheat Ridge and of Jefferson County, Colorado, validly in force from time to time, except as the same may be allowed under said regulations as a nonconforming structure or use. No lands within the Subdivision (including any Residential Lot within the Subdivision) shall be further subdivided. 6.2 No Mining Drillinq or ouarrvinq. No mining, quarrying, tunnelling, excavating, or drilling for any substance within the earth, including but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for construction activities to develop the planned community and for utility, water and sewer purposes, shall ever be permitted within the limits of the Subdivision. 6.3 No Business Uses. No lands within the Subdivision shall ever be occupied or used for any commercial or business purpose without the consent of the Architectural Committee, nor for any noxious activity, and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a CAMBRIDGE PARR DECLARATIONS Page 15 nuisance to other Owners. No store, office, or other place of commercial or professional business of any kind; nor any hospital, sanitarium, or other place for the care or treatment of the sick or disabled physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall ever be constructed, altered, or permitted to remain within the Subdivision. Nothing herein shall be deemed to prohibit personal recreational facilities or activities, or -any home occupation provided the same does not have any employees or other persons participating in the business activities conducted on a Residential Lot except for such persons who reside on the Residential Lot, does not increase the traffic within the Subdivision and is permitted under the City of Wheat Ridge Code in effect and as amended from time to time and further provided such use does not constitute a nuisance or violate any other provision of this Declaration. 6.4 i n With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 inches) and except for entrance gate signs of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in the Subdivision. The above referenced "For Rent" or "For Sale" sign shall only be located, if permitted by the Architectural Committee, within the boundaries of a Residential Lot. 6.5 Animals. Except as approved by the Architectural Committee, no animals or poultry shall be kept on Residential Lots, with the exception of domestic dogs and cats; provided that each Owner of a permitted animal shall clean up any excrement from said animal on any land. Wherever such animal is kept shall be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No animal shall be kept within the Subdivision which is a nu}sance. Excessive barking shall be a nuisance per s:e. Dogs shall be leashed or kennelled and shall not be allowed to run at large. 6.5.1 Notwithstanding anything in this Declaration to the contrary, any animal that interferes with activities within the Subdivision or any adjoining lands thereto shall be subject to removal or destruction by the Architectural Committee upon its finding of such interference or failure of the owner to properly control and/or restrain such animal. The Architectural Committee may require any owner of lands within the Subdivision to remove any animal, if in the opinion of the Architectural Committee the animal constitute an annoyance to the owners of neighboring lands. 6.6 Service Yards and Trash. The Board shall establish rules and regulations governing the use and storage of clothes lines, equipment, service yards, woodpiles, storage piles and the like CAMBRIDGE PARR DECLARATIONS Page 16 within the Subdivision. All rubbish and trash shall be removed from all Residential Lots, and shall not be allowed to accumulate and shall not be burned thereon. 6.7 No Discharae o_f Firearms_. Hunting and the discharge of firearms shall not be permitted on any of the lands in the Subdivision. 6.8 Number and Locatb4n of _Buildinas. No buildings or structures shall be placed, erected, altered, or permitted to remain on any Residential Lot other than one detached single-family dwelling house and any associated improvement approved by the Architectural Committee. 6.8.1 Prior to issuance of residential building permits to an Owner other than the Declarant, individual home design and grading shall be reviewed and approved by a certified engineer to insure that such construction and grading does not create any adverse impact on drainage throughout the Subdivision. 6.9 Towers and Antennae. No towers or radio or television antennae or satellite transmission receiving antennae shall be erected on any Residential Lot without approval of the Architectural Committee and shall be fully screened from view from adjacent properties. The Association may, in its discretion, prohibit certain types of receiving antennae for all lands within the Subdivision pursuant to rules and regulations established by the Association. 6.10 Trees and Landscaping. No trees or brush growing on any Residential .Lot shall be felled or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any Residential Lot without the prior written permission of the Architectural Committee. All landscaping shall conform to the landscaping plans approved by the Architectural Committee pursuant to Article 5 of these Declarations. 6.11 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Residential Lot unless buried or if located above ground the location and screening shall be as determined by the Architectural Committee. 6.12 Used or Temporarv Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Residential Lot, except, to the extent permitted by all applicable City regulations, during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. CAMBRIDGE PARR DECLARATIONS Page 17 6.13 Exterior Lighting. All exterior lights and light standards on Residential Lots shall be approved by the Architectural Committee for harmonious development -and the prevention of lighting nuisances to other lands in the Subdivision and shall also fully comply with any applicable Jefferson County lighting regulations. 6.14 Weed Control. The Association may, in its discretion, implement and follow a program of noxious weed control which may address. the control and elimination of undesirable weeds. The Association shall have the right to enter upon any Residential Lot and conduct a weed control program thereon during reasonable daylight hours. •- - - 6.15 Road Damage. Each owner of a Residential Lot is responsible for any damage caused to the roadways within the Subdivision during the construction of improvements upon such Owner's property by any vehicle or equipment belonging either to said owner or to any person or entity using the roads within the Subdivision while engaged in any activity benefiting said owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Subdivision, however, such equipment may access lands within the Subdivision on a trailer or flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid for as provided hereinabove. Each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be necessary in connection with the construction of improvements upon or any other uses made by such owner to his Residential Lot. The Board shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Subdivision upon terms and conditions which said Board deems best in the interests of the Members of the Association. Such impact fee system may include charges based upon "per vehicle", "per load", "per ton", or "per trip" calculations. Said system may also deny access to the Subdivision to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Subdivision. 6.16 Parking and Vehicle Storage. No parking or storage of boats, recreational vehicles, campers, motor homes, trucks, utility trailers or equipment shall be allowed in the Subdivision except within a garage or temporarily for loading or unloading purposes or for guests if parked entirely on a residence's driveway and for no longer than ten. days in any three- consecutive month period. CAMBRIDQE PARR DECLARATIONS Page 18 6.17 Fencing. No boundary fences shall be constructed on any Residential Lot. This provision shall not prohibit Declarant from constructing a perimeter fence around the Subdivision. No other fencing shall be constructed on any Residential Lot except when prior approval is obtained from the Architectural Committee in accordance with Article 5, for fencing attached to the house for the purposes of creating a privacy or pet enclosure. 6.18 Minor Violations of Setback Restrictions. If upon the erection of any structure, it is disclosed by survey that a minor violation or infringement of any setback requirements has occurred, such violation or infringement shall be deemed waived by the Owners of each unit immediately adjoining the structure which is in violation of the setback, and such waiver shall be binding upon all other Unit Owners. However, nothing contained in this Section shall prevent the prosecution of a suit for any other violation of the restrictions, covenants, or other provisions contained in the Declaration. A "minor violation", for the purpose of this Section, is a violation of not more than three (3) feet beyond the required setback. This provision shall apply only to the original structures and shall not be applicable to any alterations or replacements of any of such structures. 6.19 Leases. The term "lease", as used herein, shall include any agreement for the leasing or rental of a Unit, or any portion thereof, and shall specifically include, without limitation, month-to-month rentals and subleases. A Unit, or any portion thereof, may only be leased under the following conditions: (a) All leases shall be in writing and a copy of the lease delivered to the Board or the Association's managing agent, if any; and M (b) All leases shall provide that the terms of the lease and lessee's occupancy of the leased premises shall be subject in all respects to the provisions of this Declaration, and the Articles of Incorporation, Bylaws and rules and regulations of the Association; that any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the lease, enforceable by the Association; and (c) A Residential Lot Owner shall be responsible for compliance by his lessee and lessee's family and invitees with this Declaration, the Articles, Bylaws and rules and regulations of the Association; and (d) No lease shall be for less than thirty (30) days. PARR DECLARATIONS Page 19 ARTICLE 7 -- PROPERTY RIGHTS 7.1 Owners' Easements of Enjoyment. Every Owner shall have a nonexclusive right in common with all of the other Owners to the use of sidewalks, bike and pedestrian paths, and streets located within the entire Subdivision, in accordance with the Rules and Regulations for the Subdivision established by the Board. 7.2 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws and Rules and Regulations, such Owner's right of enjoyment to the Common Elements, to the members of such Owner's family, tenants, invitees or contract purchasers who reside on such Owners' Residential Lot. 7.3 Termination of Mechanic's Lien Rights. No person or entity furnishing labor or materials to a Residential Lot or improvements thereon with the consent or at the request of an Owner, such Owner's agent, such Owner's contractor or subcontractor, shall be entitled to file a mechanic's or other lien against the Common Elements or the Residential Lot of any other Owner who has not consented to or requested the work. Each Owner shall indemnify and hold harmless each of the other Owners, the Association and the Declarant from and against all liability arising from the claim of any mechanic's or other lien against the Common Elements or any other Owner's Residential Lot for construction performed or labor, services or materials furnished or supplied on the Owner's Residential Lot at the Owner s request. Notwithstanding anything in this Section to the contrary, any Mortgagee who or which shall become the Owner of a Residential Lot pursuant to lawful foreclosure sale or the acceptance of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association for claims arising prior to the date such Mortgagee shall have become an Owner. ARTICLE 8 -- OTHER EASEMENT DEDICATIONS AND RESERVATIONS 8.1 Access and Utility Easements. Declarant hereby dedicates to the Association and all of the Residential Lot Owners a perpetual non-exclusive easement on all roads and streets and pedestrian and bike paths as shown on the Plat, regardless of how they are named. Declarant further dedicates and assigns to the benefit of the Association and all of the Residential Lot Owners, its rights of access to and from the Subdivision to West 38th Avenue. Declarant, for itself, its successors and assigns, hereby reserves to itself, all rights to the foregoing easements on a non-exclusive basis with the Association and the Owners of Residential Lots for so long as Declarant owns one or more Residential Lots. To the extent the foregoing dedication to Owners and the Association involves any construction or other physical change to the areas covered by the foregoing easements, such work CAMBRIDGE PARR DECLARATIONS Psge 20 shall only be done after obtaining the approval of the Architectural Control Committee. 8.2 Plat Notes Easements and Restrictions. All easements shown on the Plat and in the Plat Notes, are hereby dedicated to the benefit of the Association and all of the Residential Lot Owners subject to the restrictions and conditions therefore as provided on the Plat and in this Declaration and subject to the rights of any holders of any such easements recorded prior to the Plat. The Association shall maintain the easements consistent with the restrictions described on the Plat and the Board shall establish reasonable rules and regulations governing the use and maintenance thereof. 8.3 Utility Easements Reserved. Declarant hereby reserves to itself, its successors and assigns, the right to use, for the purposes stated therein, all easements described on the Plat for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, conduits, ditches, and fences. ARTICLE 9 -- ENFORCEMENT 9.1 Enforcement Action. The Board shall have the right to prosecute any action to enforce the provisions of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and/or the Association shall have the right to prosecute any action for injunctive relief and for damages, except as may be limited elsewhere herein, by reason of any violation of any provisions of this Declaration. 9.2 Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of any provision of this Declaration and no action is commenced within 180 days thereafter to restrain such violation, then injunctive or equitable relief .shall be denied, but an action for damages shall still be available to any party aggrieved. Said 180-day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. No bond shall be required to be posted by any party seeing to enforce the provisions of this Declaration against the owner of a Residential Lot and all of said owners of Residential Lots hereby waive the requirement of posting a bond in such action. ARTICLE 10 -- INSURANCE 10.1 Insurance. Commencing not later than the time of the first conveyance of a unit to a person other than the Declarant, the Association shall maintain, to the extent reasonably available: CAMBRIDGE PARR DECLARATIONS Page 21 10.1.1 Property insurance on the common elements and also on property that must become common elements, for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and 10.1.2 Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements, in an amount deemed sufficient in the judgement of the Board, insuring the Board, the Association, the management agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarants capacity as a unit owner and Board member. The unit owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements. The insurance shall cover claims of one or more insured parties against other insured parties. 10.2 Fidelit Insurance. If any Owner or employee of the Association controls or disburses funds of the Association, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance. Coverage shall not be less in aggregate than two months' current assessments plus reserves, as calculated from the current budget of the Association. 10.2.1 Any person employed as an independent contractor by the Association for the purposes of managing the Subdivision must obtain and maintain fidelity insurance in an amount not less than the amount specified in Section 10.2, unless the Association names such person as an insured employee in a contract of fidelity insurance, pursuant to Section 10.2. 10.2.2 The Association may carry fidelity insurance in amounts greater than required in Section 10.2 and may require any independent contractor employed for the purposes of managing the Subdivision to carry more fidelity insurance coverage than required in Section 10.2. 10.3 The Association may obtain and carry any other insurance it deems appropriate. 10.4 Any insurance coverages obtained by the Association do not obviate the need for unit owners to obtain insurance for their own benefit. CAMBRIDGE PARR DECLARATIONS Page 22 10.5 Insurance Premiums are Common Expenses. Premiums for insurance that -the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. ARTICLE 11 -- OBSOLESCENCE 11.1 Renewal and Reconstruction. The Owners representing Allocated Interests of eighty percent (80~} or more, and eighty percent (80~) of the registered First Mortgagees, may agree that the Subdivision is oY..•solete and adopt a plan for the renewal and reconstruction. 11.1.1. If a plan for the renewal or reconstruction is adopted, notice of such plan shall be recorded, and the expense of renewal and reconstruction shall be payable as a Common Expense; provided, however, that an Owner, who is not a party to such a plan for renewal or reconstruction, may give written notice to the Association within fifteen (15) days after the date of adoption of such plan that his Residential Lot and any improvements thereon shall be purchased by the Association for the fair market value thereof. The Association shall then have thirty (30) days within which to cancel such plan. If such plan is not canceled, the Residential Lot and improvements thereon of the requesting Owner shall be purchased according to the following procedures: (a) If such Owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within thirty (30) days after such agreement; (bj If the parties are unable to agree on the fair market value, the date when either party notifies the other that he or it is unable to agree with the other shall be the "Commencement Date" from which all periods of time mentioned hereafter shall be measured. Within ten (10) days following the Commencement Date, each party shall employ an appraiser in writing and give notice of such employment to the other party. If either party fails to make such an appointment, the appraiser nominated shall, within five (5) days after default by the other party, appoint another- appraiser. The two designated or selected appraisers shall independently appraise the subject property, and if the higher of the two fair market values is within ten percent of the lower, the final value shall be deemed the average of the two. If there is a greater difference, then each appraiser shall appoint a new appraiser, which such two new appraisers shall independently appraise the subject property, and their two fair market values compared in the same way. If needed, this approach shall be repeated until the two independent appraisals are within such ten percent range, and the fair market value then deemed to be their average. The fair market value as so determined shall be final and binding and a judgment based upon the decision rendered may be entered in any court having jurisdiction thereof. The CAMBRIDGE PARR DECLARATIONS Page 23 expenses and fees of such appraisers shall be borne equally by the Association and the Owner; and (c) The purchase by the Association shall be consummated within thirty (30) days after such determination of value. ARTICLE 12 -- CONDEMNATION __ 12.1 Total Condemnation. If all or a portion of any Owner's Residential Lot is acquired by eminent domain, leaving the Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, the condemnation award must include compensation to the Owner for that Residential Lot and its Allocated Interests whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides, that Residential Lot's Allocated Interests are automatically reallocated to the remaining Residential Lots in proportion to the respective Allocated Interests of .those Residential Lots before the taking. Any remnant of a Residential Lot remaining after part of a Residential Lot is taken under this Section is thereafter a Common Element. 12.2 Partial Condemnation. Except as provided.. in Section 12.1, if part of a Residential Lot is acquired by eminent domain, the award must compensate the Owner for the reduction in value of the Residential Lot and its interest in the Common Elements whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides: (a) That Residential Lot's Allocated Interests are reduced in proportion to the reduction in the size of the Residential Lot; and (b) The portion of Allocated Interests divested from the partially acquired Residential Lot is automatically reallocated to that Residential Lot and to the remaining Residential Lots in proportion to the respective interests of those Residential Lots before the taking, with the partially acquired Residential Lot participating in the reallocation on the basis of its reduced Allocated Interests. 12.3 Condemnation of Common Elements. If part of the Common Elements are acquired by eminent domain, that portion of any award attributable to the Common Elements taken must be paid to the Association. For the purposes of acquisition of a part of the Common Elements, service of process on the Association shall constitute sufficient notice to all Owners, and service of process on each individual Owner shall not be necessary. 12_4 Recordation of Decree. The court decree shall be recorded in the office of the Clerk and Recorder of the County of Jefferson. PARR DECLARATIONS Page 24 12.5 Confirmation of R_eallocations._The reallocations of Allocated Interests pursuant to this Section shall be confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association. ARTICLE 13 -- SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 13.1 ~ecial Declarant Rights. Declarant hereby reserves the following Special Declarant Rights and Additional Reserved Rights for a time period of fifteen (15) years from the date of the execution hereof. 13.1.1 Completion of Improvements. The right to complete improvements on the Common Elements and Residential Lots owned by the Declarant. 13.1.2. Exercise of Development Rights. The right to exercise any expansion or Development Right reserved in this Declaration. 13.1.3 Sales Management and Marketing. The right to maintain a sales and management office upon any Residential Lot or Common Elements, and the right to maintain signs advertising the Subdivision, and the right to maintain sales model homes and sales and management offices on any Residential Lots owned by the Declarant. Any sales and management office on the common elements shall be removed no later than the end of the Marketing period. 13.1.4 Construction Facilities. The right of the Declarant and its employees, representatives, agents, and contractors to maintain on the Subdivision lands temporary construct-on facilities and construction materials, staging yards, and other facilities reasonably required during the construction and salt period for the Residential Lots. 13.1.5 Construction Easements. The ..right to use easements through the Common Elements for the purpose of making improvements within the Subdivision or within real estate that may be added to the Subdivision, and the right to use, and to permit others to use, easements through the Common Elements as' may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration. 13.1.6 Master Association.. The right to make the Project subject to a Master Association. 13.1.7 Mercer. The right to merge or consolidate the Subdivision with another project of the same form of ownership. CAMBRIDGE PARR DECLARATIONS Paqe 25 13.1.8 Control of Association and Board of Directors. The right to appoint or remove any Officer of the Association or any Board member during the Marketing Period. 13.1.9 Amendment of Declaration. The right to amend the Declaration and Plat in connection with the exercise of any Development Rights. 13.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 13.1 above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"): 13.2.1 Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking, utility and drainage, and any amenities including, without limitation recreational facilities or areas which may or may not be a part of the Subdivision for the benefit of the owners and/or the Association. 13.2.2 other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration. 13.3 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in every county in which any portion of the Subdivision is located. Such instrument shall be executed by the transferor Declarant and the transferee. 13.4 Legal Description. These Special Declarant Rights and Additional Reserved rights apply to Block 1, CAMBRIDGE PARK, Jefferson County, Colorado, and any Expansion Property. ARTICLE 14 -- RESERVATION OF EXPANSION AND DEVELOPMENT RIGHTS 14.1 Expansion Riahts. Declarant expressly reserves the right to add additional real estate adjacent to or contiguous'to the Subdivision, (the "Expansion Property") and subject it to the provisions of this Declaration. The consent of the existing Owners or Mortgagees shall not be required for any such expansion that has an area ten percent or lass of the total area of real estate originally subjected to this Declaration, which such original area is 22.583 acres as shown on the original Plat, and Declarant may proceed with such expansion without limitation at its sole option. 14.2 Development and Withdrawal Rights. Declarant expressly reserves the right to create additional Units and Common Elements, CAMBRIDGE PARR DECLARATIONS Page 26 and to subdivide Units, relocate boundaries between Units, convert Units into Common Elements, and convert Common Elements into Units, on all or any portion of the Subdivision or the Expansion Property. Declarant may exercise its Development Rights on all or any portion of the property in whatever order of development Declarant, in its sole discretion, determines. Declarant expressly reserves the right to withdraw all or any portion of the property from the Subdivision by recording a document evidencing such withdrawal in the office of the Clerk and Recorder of the County of Jefferson; provided, however, that no property may be withdrawn after a Residential Lot has been conveyed to a purchaser other than the Declarant. The property withdrawn from the Subdivisio:~ shall be subject to whatever easements, if any, are reasonably necessary for access to or operation of the Subdivision. Declarant shall prepare and record in the office of the Clerk and Recorder of the County of Jefferson whatever documents are necessary to evidence such easements and shall amend the Declaration and the Plat to include reference to the recorded easement. 14.3 Amendment of the Declaration. If .Declarant elects to submit the Expansion Property to this Declaration, or to exercise any other rights referred in Section 14.2 above, Declarant shall record an amendment to the Declaration reallocating the Allocated Interests so that the Allocated Interests app~irtenant to each Unit will be apportioned according to the total number of Units subject to the Declaration. The Allocated Interests appurtenant to each Unit in the Subdivision, as expanded, shall be calculated to provide an equal share of the Allocated Interests for each Unit in the Subdivision as expanded from time to time. The amendment to the Declaration shall contain the legal description of the Expansion Property being submitted to this Declaration and a schedule of the Allocated Interests appurtenant to the Units in the Subdivision, as expanded, and conform to the require~ents in this Declaration and the Act. 14.4 Amendment of the plat. .Declarant shall, contemporaneously wlth the Amendment of the Declaration, file an amendment of the Plat depicting the Units added or changed. The Amendment to the Plat shall conform to the requirements contained in this Declaration and the Act. 14.5 Interpretation.- Recording of amendments to the Declaration and Plat in the office of the Clerk and Recorder of the County of Jefferson shall automatically: (i) Vest in each existing Owner the reallocated Allocated Interests appurtenant to his Residential Lot; and (ii) Vest in each existing Mortgagee a perfected security interest in the reallocated Allocated Interests appurtenant to tY.e en~~umbered Residential Lot. CAbYBRIDGE PARR DECLARATIONS Page 27 Upon the recording of an Amendment to the Declaration, the definitions used in this Declaration shall automatically be extended to encompass 'and to refer to the Subdivision, as expanded. The Expansion Property shall be added to and become a part of the Subdivision for all purposes. All conveyances of Units after such expansion shall be effective to transfer beneficial rights in the Common Elements as expanded to the Owners, whether or not reference is made to any Amendment to the Declaration or Plat. Reference to the Declaration and Plat in any instrument shall be deemed to include all Amendments to the Declaration and Plat without specific reference thereto. 14.6 Maximum Number of Units. The maximum number of Units in the Subdivision shall not exceed one-hundred and twenty five (125) Units or the maximum number of Units allowed by any governmental entity having jurisdiction over the Subdivision, pursuant to any development plan for ttxe Subdivision and the Development Property. Declarant shall not be obligated to expand the Subdivision beyond the number of Units initially submitted to this Declaration. 14.7 Construction. The buildings, structures and types of improvements to be placed on the Subdivision or the Expansion Property or any part thereof shall be of a quality equal to or better than the improvements previously constructed on the property, but need not be of the same size, style or configuration. 14.8 Construction Easement. Declarant expressly reserves the right to perform construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until its completion. All work may be performed by Declarant without the consent or approval of any Owner or Mortgagee. Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the land not designated as reserved for future development in the Declaration or on the Plat for the purpose of furnishing utility and other services'to the property so reserved for future development. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements. If Declarant grants any such easements, the Declaration and Plat will be amended to include reference to the recorded easement. 14.9 Reciprocal Easements. If all or part of the Development Property is not submitted to this Declaration, or if property is withdrawn from the Project ('Withdrawn Property"): PARR DECLARATIONS Page 28 (i) The Owner(s) of the Development Property and/or Withdrawn Property shall have whatever easements are necessary or desirable, if any, for access, utility service, repair, maintenance and emergencies over and across the Subdivision; and (ii) The Owner(s) shall have whatever easements are necessary or desirable, if any, for access, utility service repair, maintenance and emergencies over and across the Development Property and Withdrawn Property. Declarant shall prepare and record in the office of the Clerk and Recorder of the County of Jefferson whatever documents are necessary to evidence such easements and shall amend the Declaration and the Plat to include reference to the recorded easements}. Such recorded easement(s) shall specify that the owners of the Development Property and the Withdrawn Property and the Owners shall be obligated to pay a proportionate share of the cost of the operation and maintenance of any easements utilized by either one of them on the other's prcperty upon such reasonable basis as the Declarant shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant to this Section shall conclusively determine the existence, location and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section. 14.10 Termination of Expansion and Development Riahts. The expansion and development rights reserved to Declarant, for itself, its successors and assigns, shall expire fifty (50) years from the date of recording this Declaration, unless the expansion and development rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose on the subsequent exercise of the Expansion and Development Rights by Declarant. 14.11 Legal Description. These development rights apply to Block 1, CAMBRIDGE PARK, Jefferson County, Colorado and any Expansion Property. ARTICLE 15 -- DURATION AND AMENDMENT OF DECLARATION 15.1 Duration. Each and every provision of this Declaration shall run with and bind the land for a term of twenty (20) years from the date of recording of this Declaration, after which time this Declaration shall be automatically extended for successive periods of ten (10) years each. 15.2 Amendment. Except as set forth in Section 15.3, this Declaration and/or the Plat may be amended by the owners of sixty-seven percent (67$) of the votes in the Association; provided, however, any amendment that requires specific approval PARR DECLARATIONS Page 29 authority of First Mortgagees for certain acts or events as set forth herein, shall also require the consent of a majority of First Mortgagees who have registered with the Association. A properly certified copy of any resolution of amendment shall be placed of record in Jefferson County, Colorado, not more than six months after the date of said amendment. If the Declaration is so amended, then it shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. No action to challenge the validity of an amendment adopted by the Association pursuant to this section may be brought more than one (1) year after the amendment is recorded. 15.3 Unanimous_ Consent Required for Certain Amendments. Except as otherwise provided in this Declaration or the Act, no amendment may create or increase Special Declarant rights, increase the number of Units, or change the boundaries of any Unit or the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. 15.4 Association Certification. Amendments to the Declaration required by this Article to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association. In the event of an amendment to the Declaration by the Owners, the Association shall record the amendment with a certificate from the Association executed by any officer designated for -that purpose, or, in the absence of the designation, by the president, that the requisite number of Owners and registered First Mortgagees, if any are required, have consented to the amendment. 155 Exbenses. All expenses associated with preparing and recording an amendment to the Declaration shall be the sole responsibility of: (a) In the case of an amendment pursuant to reallocation of boundaries between adjoining Units, and subdivision of Units, the Owners desiring the amendment; , (b) In the case of an amendment pursuant to reallocation of Allocated Interests, recordation of new plats and maps, and exercise of Development Rights, the Declarant; and (c) In all other cases, by the Association as a Common Expense. CAMBRIDGE PARR DECLARATIONS Paqe 30 ARTICLE 16 -- GENERAL PROVISIONS 16.1 Covenants to Run. All of the covenants and provisions contained in this Declaration shall be a burden on the-title to all of the lands in the Subdivision, and the benefits thereof shall inure to the owners of all of the lands in the Subdivision. 16.2 Severability. Should any part or parts of the Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining covenants. 16.3 Repeal of the Act. In the event that the Act is repealed, the provisions of the Act in effect immediately before its repeal shall control this Declaration. 16.4 Paragraph Headings., The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein or to limit the contents of any paragraph. 16.5 Reaistrat~on oy owner or rig lli~w r,uui caa olio av~~~~..c. Each Owner shall register his mailing address with the Association. All notices or demands affecting this planned community may be served upon an Owner by the Association or by other Owners by regular United States Mail, postage prepaid, addressed in the name of the Owner at such registered mailing address or by personal service. All notices or demands intended to be served upon the Association shall be sent by certified United States Mail, postage prepaid, return receipt requested, to the address of the Association as designated in the Articles of Incorporation and Bylaws of the Association or served by personal service on the Association's registered agent for service or President. w 16.6 Registration by First Mortgagees. Each First Mortgagee that desires to exercise its rights to vote on certain matters as provided herein shall register its mailing address and identify the Residential Lot(s) in which it has a security interest with the Association. All notices to the First Mortgagees shall be sent to such registered addresses by regular United States mail, postage prepaid. A First Mortgagee that does not register with the Association as provided herein shall not be entitled to any voting rights hereunder and shall not be counted as a potential voter for purposes of determining the required number of votes to take any action. 16.7 Gender. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. CAMBRIDGE PARR DECLARATIONS Page 31 16.8 .Applicable Law. This Declaration_is filed in the records of Jefferson County, Colorado and it is agreed that the proper jurisdiction and venue of any action pertaining to the interpretation or enforcement of this Declaration shall be in the District Court for Jefferson County, Colorado. 16.9 Binding Agreement. It is understood and agreed that this Declaration shall be binding upon and inure to the benefit of the successors, executors, administrators and assigns of the parties hereto. 16.10 Reference to Ownership Interests. Whenever in this Declaration or in .the Articles of Incorporation or Bylaws of the Association reference is made to a specific percentage interest of Owners, such reference shall be deemed to mean such percentage of the total aggregate Allocated Interests of such Owners, unless the context otherwise requires, and shall not be deemed to mean a percentage of owners by number of individual persons, partnerships, corporations or other entities. 16.11 Association as Attorney-in-Fact - Power of Attorney. This Declaration does hereby make the irrevocable appointment of the Association as attorney-in-fact for all owners to deal with the Subdivision upon its destruction, obsolescence, repair or reconstruction or condemnation, and title to each Residential Lot is declared and expressly made subject to the terms and conditions hereof and acceptance by the grantee(s) of a deed from the Declarant or from any Owner shall irrevocably constitute and appoint the Association their true and lawful attorney in their-name, place and stead for the purpose of dealing with the Subdivision upon its destruction, obsolescence, repair or reconstruction. 16.12 Non-Dedication of Common Elements. Declarant, in recording the Plat and this Declaration, has designated certain areas of land as Common Elements intended for the common use and enjoyment of Unit Owners for recreation and other related activities. The Common Elements owned by the Association are not dedicated hereby for use by the general public. CAMBRIDGE PARR DECLARATIONS Page 32 16.13 Streets and Parkina. Initial construction of the streets, curbs and gutters as shown on the Plat shall be the responsibility of the Declarant and not the Association, and Declarant shall construct them to meet the standards for pavement design (i.e., thickness) of the City of Wheat Ridge, Colorado. Maintenance of the streets, curbs and gutters shall be the responsibility of the Association and the Association shall maintain them in good repair, and remove snow from the streets, sidewalks and driveways within the Subdivision as reasonably needed when the depth exceeds three inches. Street repair and maintenance and snow removal costs are common expenses, and the Association shall maintain reserve funds for the reasonably anticipated future repair needs. Parking restrictions shall be enforced by the Association and the local police department may ticket illegally parked vehicles. 16.14 Police, Fire and Emergencv Access: Local, county, state and federal law enforcement, fire and emergency authorities are granted nonexclusive rights of access in and to the Subdivision for the purposes of carrying out their public duties, to the same extent such authorities have such rights on public streets and rights-of-way, as if the private streets within the Subdivision were public for this purpose only. -END- CAMBRIDGE PARR DECLARATIONS Page 33 M E M O R A N D U M TO: City Council FROM: Glen Gidley, Director of Planning & Development RE: Case No. wZ-95-5/Cambridge Park PCD DATE: May 3, 1995 A full staff report on this case was presented to you for a public hearing scheduled for April 24th, however, you continued the. case to May 8th due to several outstanding issues. Staff had suggested three conditions to approval on page 5 of the staff report.- The current status relating to these three conditions is as follows: 1. Emergency Access• The applicant has supplied to the fire department the product information on the security gate opening devices that they intend to use for the main entrance. The fire department and our police department will coordinate their review of the detail plans. This detail should be resolved at the building permit stage. 2. Development Covenaaxts: The applicant has .supplied a copy of their covenants for our review. I have attached the Table of Contents and those pages which relate to our requirements such as parking, street repair and maintenance and snow removal. The provisions appear to be acceptable however, our City Attorney has been asked to review them for final approval., Drainage: A final drainage plan and report has been submitted for review and approval. The engineering division will have their review completed prior to Council hearing this case. Additionally, the applicant has secured an agreement to-acquire drainage easements through the property to the east (Weller), thus our concern regarding this matter has been resolved. Details of actual improvements within those easements will need to be reviewed by our engineers before construction commences. Although not listed as a condition, staff had discussed in Section II (page 2) of the staff report the issue of parking, and it may appear from that written description that inadequate parking has been provided. That is-NOT the case. The final plan provides four spaces per lot within the garage and driveway of each-.home, plus an additional 34 spaces scattered Memo to City Council Page 2 May 3, 1995 throughout the site in the pods. This EXCEEDS our parking standards by 34 spaces without allowing parking along the private street. If you want even more excess parking, the private streets are wide enough to allow,parallel parking on one side with .two traffic lanes restricted to 15 MPH. Staff recommends APPROVAL bf the Final. Development Plan for the Cambridge Park Planned Residential Development as submitted. GEG:slw attachments DECLARATION OF PROTECTIVE COVENANT$ FOR CAMBRIDGE PARR TABLE OF CONTENTS CoIItBnts Page ARTICLE 1 -- PURPOSE OF COVENANTS 1 1.1 General Requirements ~ 1 1.2 Planned Community 1 ARTICLE 2 -- DEFINITIONS 1 2.1 Allocated interests 1 2.2 Association 1 2.3 Common Elements 1 2.4 Common Expense 1 2.5 Da:clarant 2 2.6 Declaration 2 2.7 First Mortgage 2 2.8 First Mortgagee. 3 2.9 Member . 3 . 2.10 Mortgage 3 2.11 Mortgagee. 3 2.12 Owner 3 2.13 Plat 3 2.14 Residential Lots 3 2.15 Subdivision or Project 3 2 ~ 16 Un i t -. -. - 3 2.17 Additional Definitions . 4 ARTICLE 3 -- HOMEOWNERS ASSOCIATION q 3.1 Membership and Voting Rights in the Association .- 4 3.2 Association Easement 4 3.2.1 Utility Easement 4 3.3 Governing Instruments 5 3.4 Duties and Voting of Board 5 3.5 Marketing Period 5 3'.6 Election of the Board 6 3.7 Removal of Directors ._ 6 3.8 Delivery of Association Property 6 3.9 Examination of Books_ and Records 6 3.10 Additional Property 7 3.11 Budget 7 ARTICLE 4 -- PURPOSES AND POWERS OF ASSOCIATION 7 4.1 Nonprofit Purpose 7 4.2 Association Powers 7 ' 4.3 Assessments 9 4.3.1 Excess Assessments 9 4.3.2 Interest 9 4.3.3 Misconduct. 9 CAMBRIDGE PARR DECLARATIONS Pag6 ii 4.3.4 No Waiver or Abandonment 4.4 Working Fund - • 10 4.5 _ Assessment Lien ~ 10 4.6 Statement_of Assessments and Liabi it- o 10 Purchasers . 4.7 Assoc_i_ation As Attorne - -3n-Fact• 11 4.8 - Owner Compliance - 11 4.9 Limitation of Association's .powers - 12 4.10 - Incorporation into Future Fi~; - - 12 nas - 13 ARTICLE 5 -- ARCHITECTURAL COMMITTEE 5.1 Architectural Co mute - - 13 5.2 5 3 Approval by Architectural~rommittee• 13 . Variances 13 5.4 General Reauirements - - - i4 5.5 Prel~minarv Approvals- 14 5.6 architectural or Lands~apina pla*1S ~ - i4 5.7 Architectural Committee Not Liable 14 5.8 Written Records . 15 15 ARTICLE 6 -- GENERAli RESTRICTIONS ON ALL LOTS 6.1 . Zoning Regulations - 15 6.2 No Minin D_rilli,n or• uarr•in 15 6.3 No Business Uses • 15 6.4 3ians . 15 6.5 Animals 16 6.6 ... Service Yards•and•Trash• 16 6.7 No Discharge of Firearms - - - 16 6.8 - Number a_nd Locatio o Buildinaa 17 6.9 Towers and Antenna 17 6.10 _ _ _ gees and Landscaping - - 17 6.11 Tanks 17 6.12 Used or. Temporary-Structures 27 6.13 Exterior Lxahtina - - 17 6 • l4 Weed Control - - - - - 18 6.15 Road Damage _ - - - 18 6.16 Parking and Vehicle•Storacra• 18 6.17 Fenczna - • I8 6.18 Minor Violations of Setback-Restrict'ons 19 6.19 - Leases 19 . . . , . 19 ARTICLE 7 -- PROPERTY RIGHTS 7.1 Owners' Easements of En'ovment 20 7.2 Deleaatxon of Use 20 7.3 Termination of Mechanir~s•Lien Ri• ts• 20 ARTICLE 8 -- OTHER EASEMENT DEDICATIONS AND RESERVATIONS 8.1 Access and_Utility Easements 20 8.2 - plat Notes Easements and Restrictions• ~ 20 8.3 Utilzty Easements eserved 21 - - 21 CAMBRIDGE PARR DECLARATIONS Page iii ARTICLE 9 -- ENFORCEMENT _ _ 9.1 Enforcement Action ~ ~ ~ ~ _~ ~ 21 9.2 Limitations on Actions ~ ~ ~ 21 . 21 ARTICLE 10 -- INSURANCE 10.1 Insurance _ 21 10.2 Fidelity Insurance ~ ~ _~ _~ ~ 21 10.3 Other Insurance _~ ~ ~ ~ _ _ _' 22 10.4 Owners Insurance ~ ~ 22 10.5 Insurance_ Premiums are Comoro .E. enses ~ 22 • 23 ARTICLE 11 -- OBSOLESCENCE 11.1 Renewal and Reconstruction ~ ~ ~ ~ ~ 23 . 23 ARTICLE 1 2 -- CONDEMNATION ~ 12.1 Total Condemnation ' ~ ~ ~ ~ ~ ~ 24 12.2 _ Partial Condemnation ~ ~ ~ ~ 24 12.3 Condemnation of Common Elements ~ ~ ~ ~ 24 12.4 Recordation o£ Decree ~ 24 12.5 Confirmation of Reallocations ~ ~ ~ ~ 24 . 25 ARTICLE 13 -- SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 13.1 Special Declarant Riahts ~ ~ ~ 25 13.1.1 Completion of Improvements ~ ~ ~ ~ 25 13.1.2 Exercise of Development Riahts ~ ~ 25 13.1.3 Sales Management and Marketina ~ ~ ~ 25 25 13.1.4 Construction Facilities 13.1.5 Construction Easements 25 13.1,6 Master Association ~ ~ ~ 25 , 13.1.7 Mercer . 25 13.1.8 Control of ASSOCiation•and~ oar~.of 25 Directors - ~ 13.1.9 Amendment of Declaration ~ ~ 26 132 Addita.onal Reserved Riahts ~ ~ ~ ~ ~ 25 13.2.1 Use Agreements ~ ~ ~ 26 13.2.2 Other Riahts ~ 26 13.3 Riahts Transferable ~ ~ 26 13.4 Legal Description ~ ~ 26 26 ARTICLE 14 -- RESERVATION OF EXPANSION AND DEVELOPMENT ' RIGHTS • 14.1 Expansion Riahts ~ ~ ~ ~ 26 14.2 Development and Withdrawal Rights 26 14.3 Amendment of the Declaration ~ ~ ~ 26 14.4 Amendment of the Plat ~ ~ ~ ~ ~ 27 14.5 _ Interpretation ' • 27 14.6 _ Maximum Number of Units~ ~ ~ ~ ~ ~ 27 14.7 Construction 28 14.8 Construction Easement ~ ~ ~ ~ ~ 28 14.9 _ Reciprocal Easements 28 2g CAMBRIDGE PARR DECLARATIONS Page iv .~-~' • 14.10 Termination of ExAansion and Development Rights 29 14.11 Legal Description. 29 ARTICLE 15 -- TERMINATION AND AMENDMENT OF DECLARATION 29 15.1 Termination 29 15.2 Amendment 29 15.3 Unanimous Consent.Reguired for Certain Amendments. 30 15.4 Association Certification . 30 15.5 ExUenses 30 ARTICLE 16 - - GENERAL PROVISIONS 31 16.1 Covenants to Run 31 16.2 Severability • • 31 16.3 Act Reveal of the 31 16.4 Paragraph Headings 31 16.5 Registration by Owner of Mailing Address 31 16.6 Registration by First Mortgagees 31 16.7 Gender 31 16.8 Applicable Law . 32 16.9 Binding Agreement 32 16.10 Reference to Ownership Interests 32 16.11 Association as Attorney-in-Fact - Power of Attorney • 32 16.12 Common Elements .. Non-Dedication of 32 16..13 Streets'arid' 'Parki'ng. ,: ~ 3 3 16.14 ' 'Pdlio'e,' Fire 'arid' EhYe'rgency 'A'ccess 33 PARR DECLARATiONB Page v watering system proposed for said landscaping. All watering systems shall be designed to avoid adverse drainage impacts on adjacent properties. The Architectural Committee shall have the right to specify plant materials in order to avoid such adverse drainage impacts. 5.7 Architectural Committee Not Liable. Neither the Architectural Committee nor its members shall be liable in damages to any person or association submitting any architectural or landscaping plans for approval, or to any owner or owners of lands within the Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural or landscaping plans. Any person or association acquiring the title to any property in the Subdivision, or any person or association submitting plans to the Architectural Cc,~imittee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 5.8 Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it (including one set of all plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. }1RTICLE 6 -- GENERAL RESTRICTIONS ON ALL LOTS 6.1 Zoning Regulations. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning regulations of the City of Wheat Ridge and of Jefferson County, Colorado, validly in force from time to time, except as the same may be allowed under skid regulations as a nonconforning structure or use. No lands within the Subdivision (including any Residential Lot within the Subdivision) shall be further subdivided. 6.2 No Mining Drilling, or Ouarryina. No mining, quarrying, tunnelling, excavating, or drilling for any substance within the earth, including but not limited to, oil, gas, minerals, ,gravel, sand, rock, geothermal and earth, except for construction activities to develop the planned community and for utility, water and sewer purposes, shall ever be permitted within the limits of the Subdivision. 6.3 No Business Uses. No lands within the Subdivision shall ever be occupied or used for any commercial or business purpose without the consent of the Architectural Committee, nor for any noxious activity, and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a CAMBRIDGE PARR DECLARATIONS Page 15 ~ • • nuisance to other Owners. No store, office, or other place of commercial or professional business of any kind; nor any hospital, sanitarium, or other place for the care or treatment of the sick or disabled physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall ever be constructed, altered, or permitted to remain within the Subdivision. Nothing herein shall be deemed to prohibit personal recreational facilities or activities, or any home occupation provided the same does not have any employees or other persons participating in the business activities conducted on a Residential Lot except for such persons who reside on the Residential Lot, -does not increase the traffic within the Subdivision and is permitted under the City of Wheat Ridge Code in effect and as amended from time to time and further provided such use does not constitute a nuisance or violate any other provision of this Declaration. 6.4 i ns. With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 inches) and except for entrance gate signs of a style and design approved by the Architectural Committee,. no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in the Subdivision. The above referenced "For Rent" or "For Sale" sign shall only be located, if- permitted by the Architectural Committee, within the boundaries of a Residential Lot. 6.5 Animals. Except as approved by the Architectural Committee, no animals or poultry shall be kept on Residential Lots, with the exception of domestic dogs and cats; provided that each Owner of a permitted animal shall clean up any excrement from said animal on any land. Wherever such animal is kept shall be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No animal shall be kept within the Subdivision which is a nuisance. Excessive barking shall be a nuisance per s~e. Dogs shall be leashed or kennelled and shall not be allowed to run at large. 6.5.1 Notwithstanding anything in this Declaration to the contrary, any animal that interferes with activities within the Subdivision or any adjoining lands thereto shall be subject to removal or destruction by the Architectural Committee upon its finding of such interference or failure of the owner to properly control and/or restrain such animal. The Architectural Committee may require any owner of lands within the Subdivision to remove any animal, if in the opinion of the Architectural Committee the animal constitute an annoyance to the owners of neighboring lands. 6.6 Service Yards and Trash. The Board shall establish rules and regulations governing the use and storage of clothes lines, equipment, service yards, woodpiles, storage piles and the like CAMBRIDGE PARR DECLARATIONS Page 16 a • within the Subdivision. All rubbish and trash shall be removed from all Residential Lots, and shall not be allowed to accumulate and shall not be burned thereon. 6.7 No Discharae of Firearms. Hunting and the discharge of firearms shall not be permitted on any of the lands in the Subdivision. 6.8 Number and rotation of Huild'n s. No buildings or structures shall be placed, erected, altered, or permitted to remain on any Residential Lot other than one detached single-family dwelling house and any associated improvement approved by the Architectural Committee. 6.8.1 Prior to issuance of residential building permits to an Owner other than the Declarant, individual home design and grading shall be reviewed and approved by a certified engineer to insure that such construction and grading does not create any adverse impact on drainage throughout the Subdivision. 6.9 Towers and Antennae. No towers or radio or television antennae or satellite transmission receiving antennae shall be erected on any Residential Lot without approval of the Architectural Committee and shall be fully screened from view from adjacent properties. The Association may, in its discretion, prohibit certain types of receiving antennae for all lands within the Subdivision pursuant to rules and regulations established by the Association. 6.10 Trees and Landscaping. No trees or brush growing on any Residential Lot shall be felled or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any Residential Lot without the prior written permission of the Architectural Committee. All landscaping shall conform to the landscaping plans approved by the Architectural Committee pursuant to Article 5 of these Declarations. 6.11 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Residential Lot unless buried or if located above ground the location and screening shall~'be as determined by the Architectural Committee. 6.12 Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Residential Lot, except, to the extent permitted by all applicable city regulations, during construction periods; and no dwelling house shall be occupied in any manner prior to its completion. CAMBRIDGE PARR DECLARATIONS pgQe 17 ~' a • 6.13 Exterior Lighting. All exterior lights and light standards on Residential Lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Subdivision and shall also fully comply with any applicable Jefferson County lighting regulations. 6.14 Weed Control. The Association may, in its discretion, implement and follow a program of noxious weed control which may address the control and elimination of undesirable weeds. The Association shall have the right to enter upon any Residential Lot and conduct a weed control program thereon during reasonable daylight hours. - -- - ~ - 6.15 Road Damage. Each owner of a Residential Lot is responsible for any damage caused to the roadways within the Subdivision during the construction of improvements upon such Owner's property by any vehicle or equipment belonging either to said owner or to any person or entity using the roads within the Subdivision while engaged in any activity benefiting said Owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Subdivision, however, such equipment may access lands within the Subdivision on a trailer or flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid for as provided hereinabove. Each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be necessary in connection with the construction of improvements upon or any other uses made by such owner to his Residential Lot. The Board shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Subdivision upon terms and conditions which said Board deems best in the interests of the Members of the Association. Such impact fee system may include charges based upon "per vehicle", "per load", "per ton", or "per trip" calculations. Said system may also deny access to the Subdivision to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Subdivision., 6.16 Parking and Vehicle Storage. No parking or storage of boats, recreational vehicles, campers, motor homes, trucks, utility trailers or equipment shall be allowed in the Subdivision except within a garage or temporarily for loading or unloading purposes or for guests if parked entirely on a residence's driveway and for no longer than ten days in any three- consecutive month period. CAMBRIDGE PARR DECLARATIONS Paqe 18 16.13 Streets and Parkin Initial construction of the streets, curbs and gutters as shown on the Plat shall be the responsibility of the Declarant and not the Association, and Declarant shall construct them to meet the standards for pavement design (i.e., thickness) of the City of Wheat Ridge, Colorado. Maintenance of the streets, curbs and gutters shall be the responsibility of the Association and the Association shall maintain them in good repair, and remove snow from the streets, sidewalks and driveways within the Subdivision as reasonably needed when the depth exceeds three inches. Street repair and maintenance and snow removal costs are common expenses, and the Association shall maintain reserve funds for the reasonably anticipated future repair needs. Parking restrictions shall be enforced by the Association and the local police department may ticket illegally parked vehicles. 16.14 olice Fire and Emeraencv Access: Local, county, state and federal law enforcement, fire and emergency authorities are granted nonexclusive rights of access in and to the Subdivision for the purposes of carrying out their public duties, to the same extent such authorities have such rights on public streets and rights-of-way, as if the private streets within the Subdivision were public for this purpose only. -END- CAMBRIDGE PARR DECLARATIONS Page 33 `_ ~'~ AGENDA ITEM RECAP QIIASI-JUDICIAL ,_~ _ Yes No X PUBLIC BEARINGS CITY ADM. MATTERS _ ._P_ROC./CEREMONIES ,_ CITY ATTY. MATTERS x ORDINANCES FORr1STEREADING BIDS/MOTIONS - LIQUOR BEARINGS ,_ INFORMATION ONLY ,_ PUBLIC COMMENT ORDINANCES FOR 2ND READING ,_, RESOLUTIONS AGENDA ITEM TITLE: Case No. WZ-95-5/St. Ives Realty SUMMARY/RECOMMENDATION: Consider a Planned Residential Development final development plan and plat for property located at 10241 West 38th Avenue and 3975 Miller Court. A recommendation of Approval is given. ATTACHMENTS: I BIIDGETED 1) G.Gidley memo 5/3/95 ITEM nU r-lu 2) Agenda packet item 3 of 4/24 3) Yes No Fund Dept/Acct # Budgeted Amount ~ Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: Development Plan OPTION A: "I move that Case No. WZ-95-5, a request for approval of a final development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: 1. All requirements for a final development plan have been met. 2. It is generally in character with the approved outline development plan. With the following conditions: 1. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to issuance of any building permits. 2. Adequate provisions be made in the development covenants for street repair, maintenance and snow removal. 3. If drainage easements oan~t be reache owner, Staff will have the ability to building lots with drainage retention d with the adjacent property amend the plan by replacing areas. ~~ CITY COUNCIL MINUTES: May 8, 1995 Page 5 Item 2. Application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two, located at 10241 West 38th Avenue and 3975 Miller Court. (Case No. WZ-95-5) (Continued from-April 24, 1995) Case No. WZ-95-5 was introduced by Mrs. Behm; title read by the Clerk. Mr. Gidley presented the staff report. Applicants David Dertina, 10471 West 3rd Avenue, Golden, and Keith Hensel, 7963 Newland Circle, Arvada, were sworn in by the Mayor. They answered some of the questions that had been raised by Council and asked for approval. Motion by Mrs. Behm that Case No. WZ-95-5, .a request for approval of a subdivision plat for property located at 10241 West 38th Avenue and 3975 Miller Court, be approved for the following reason: 1. All requirements of the Subdivision Regulations have been met; seconded by Mr. Eafanti; carried 8-0. Motion by Mrs. Behm. that Case No: WZ-95-5, a request for approval of a final development plan for property located at 10241 West 36th Avenue and 3975 Miller Court, be approved for the following reasons: 1. All requirements for a final development plan have been met. 2. It is generally in character with the approved outline developmen~ plan. With the following conditions: I. Resolution of emergency access issues with police and fire departments. The details need to be worked out and approved by both agencies prior to ssuance_cf any building permits. 2. Adequate provisions be made in the development covenants for street repair, maintenance and snow 'removal. 3. If drainage easements can't be reached with the adjacent,proper~y owner, staff will have the ability to amend the plan by replacing building lots with drainage retention areas; seconded by Mr. Solano; carried 5- 3 with Councilmembers Edwards, Fields and Dalbec voting no. Mr. Edwards voted no, because he is on record as saying that final development plans should be done by Ordinance; he will never again approve anything without the drainage plan. Item 5. Council Bill 12 - An ordinance amending. the Code cr Laws of the City of Wheat Ridge to add the offense of failure to comply with compulsory insurance regulations. Council Bi11 12 was introduced by Mr. Siler; title read by ~ae Clerk; Ordinance No. 1001 assigned. 7500 iNEST 29TH AVENUE P.O. BOX c38 The City of WHEAT RIDGE. CO 8003-0638 1303) 234-59CC cWheat City Admin. Fax ~ 234-5924 Pol,ce Dept. Fax # 235-2949 ~Rldge May 10, 1995 Mr. David Dertina St. Ives Realty 200 Union Blvd. Lakewood CO 80228 Dear Mr. Dertina: Your attorney, Jim Dunlap, has asked that I explain the City's policy regarding architectural style as represented in planned development documents which have been formally approved by the City. Wheat Ridge Code, Section 26-25, provides that at the Outline Development Plan stage, general character of proposed development be established through a written statement, and may be further described through pictures or drawings. It also requires that at the Final Development Plan stage, "elevations and perspective drawings of all proposed structures and improvements, indicating architectural style and building materials. [be submitted which] need not be the result of final architectural design but of sufficient detail to permit evaluation of the proposed structure(s)." The drawings which were part of your submittal met this requirement and provided the neighbors and the decision-makers with information that helped them in supporting your proposal. Hence, building plans are expected to be consistent with your concept drawings in terms of general architectural style and scale. By way of example,-your drawings show single-family units, with mixed facia treatment that includes- some brick and sloped roofs. I would not expect to see-plans submitted for. southwestern, adobe-style, flat roof buildings, nor would I expect to see multi-unit structures. I do expect to see sloped roofs and some brick facia. Substantial departure from your drawings may require a-final plan amendment. Hopefully, this helps you understand City policy regarding this issue. Should you have additional questions, please don't hesitate to contact me. Six} erely, Glen E. Gi Planning & GEG:slw i ,l tip .ley, Dir for Development fit. Ivey Exclusive Residential Real Estate 200 Union Boulevard Suite 430 Lakewood, Colorado 80228 TEL. (303J 986-9499 FAX (303) 932-1142 ®~ May 11, 1995 ~~~~ ~ ~~ Wheat Ridge City Council Wheat Ridge, Colorado 80033 Dear City Council Members: RE: May 8, 1995 City Council Hearing, (Case No. WV-95-3), regarding the vacation of Miller Street from 38th Avenue to 41st Avenue. _. On May 8th, the Wheat Ridge City Council approved our Final Plat and Final Development Plan for Cambridge Park. Running through our property, is an extension of Miller Street that was dedicated to the city some time ago and no longer to be required with the approval of our development. The first reading for the vacation of this street was heard by you also on the May 8th, City Council Hearing and it was proposed that the second reading be delayed to June 26th, due to a new ordinance to take effect by then. However, we have found out that the new ordinance doesn't really make any real difference for our situation and we humbly request that you reschedule the second reading for the vacation of this street for the June 12, 1995 City Council Hearing. We were of the opinion that this would all be taken care of by May 22nd, and we could then record our plat. Not having this Miller Street vacation is creating a extreme hardship for us as we can not record our plat until this matter is taken care of first. This situation prevents us now from moving ahead with our development of the property and will create a severe economic set back for us. This is an EMERGENCY! We would be very thankful if you would take-up this case on May 22nd, so the 15 day Public Notice is made in time for a second hearing by June 12th. Your consideration of this request would b ch a~nnr Sinc 4ely, lc+..~ David Dertina Distrilwt t : Dat~ ~~ ~ T-fe~ ~ Councik Mayor. HBedx ,~. =w, _~ .,~ Westridge Sanitation District 3703 Kipling Stteec • Suitc 101 Wheat Ridge, Colorado 80033 (303) 424.9467 May 23, 1995 Meredith Reckert Planning Department CITY OF WHEAT RIDGE 7500 West 29th Avenue Wheat Ridge, Colorado 80034-0638 Re: WR Case No. WZ-95-5/St Ives Realty Dear Ms. Reckert: .-:. C~T'Y OF WHEAT R1DGE D nr~nn n~ ~L5 ~ LS L1 U ~ PLANNING & DEVELOP L The District does have adequate downstream capacity in its system of facilities to serve the proposed development, and will do so subject to developer compliance with all applicable District Rules and Regulations. At all locations within the proposed development where sewer mains will not be located within dedicated public ROW, a separately recorded, all-weather surfaced, non-exclusive, easement of 30-feet minimum width must be provided, having wording regarding rights and restrictions satisfactory to the District. The developer should contact the District office for. procedural information and application forms for extension of District facilities to serve this proposed development. Upon request, I would be'pleased to discuss this development further with the developer or yourself. Very truly yours, ~GL~iLPif.L!J~ YY6 /~~51-z~uJV'~-~. Richard M. Romberg, P.E. Q Engineer for the District cc; Dist. 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