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HomeMy WebLinkAboutWZ-93-6The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridpre Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6914 Applicant ~ -' ~[:- ~{~ Address ~GG~ Q~~y~an( QDLfD Phone `/~~~- /3~~ Owner ~~~ ~Ltit/JN~ Addres's Phone Location of request 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 attached procedural guide Solid waste landfill/ mineral extraction permit for specific requirements. ^ Other D~gtailed Des riptio of r ues gtip ~ ,~j(L ~- ~~ ~ ~y~ ~ ~ ~~~ r ~i 8 Er~ ~/ mr~ ~~( ~ ~-~ ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS [ p PHONE __ _- ~ rt ' 1 ~ pi2-tuti. -G~a9 y~9,r11 f3)tkLL Yd'STJS't 4L~/f?tJ ~ O ~ iA/, i 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 acti , on cannot lawfully be accomplished Applicants other than owners must submit . power-of-attorney £rom the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sw to me thi/s'/~~day o lg 9~ orn~ fl ' - ~ ! ' ~C~//ll~t'K ESC. ~` ivoi~ _ .~ H-Fi'~-r4J ry ~blic SEAL My commission expires ~ uaze xeceivec. ,> Rece,ipt..NO. .., ..Case No. § ~ RI(F.AT RIiMF., C(]1A,MI,p '~ )32 Book 296, page 326 '3ert Sftvato o. Survey °""^~-z~~ ~, _ '.3e for ref.e?ean Caulto .idhdol 3lstrict '-1 ' 72 Book 330, Page 2I2 Suly 1 •+?. e ohott - , i ----___ __., r 1 432 Hook 485, Page249 :[arch 25 f ~ ~ ~ ~ •v f*' c•n Sw : A'Fy , 35, P,69w 759, Page 280 April 29, 1952 r ~ , o~T~~-~~poce P/ PxcPpT.•d F e.., c d oo wey ~ Pd __ _ _Z°_L y/I GYP>Y vs~h vro~ r e B0, s6 Sept. 2, 1955 P ~ a sM ~o-p:n~ __ _ ~f ~ ' ~, •-_.,~. + J3. ea`- _ _ _ _ _ _ • _ 263 rosin and Sanes A. Lewis to `' c ~ _ _ _ _ ~ drM,-d .o~, yed: _ _ _ _ _ y9aeK ts ' envPYc ~nen_ - P 46 f Piis'. _7 /encP ..,y .._ 9P 6' 'r) ~ /S'se, e!/ P_ _. f re3' S~\ ~ f conc:Plc ,nenr~incn EeeK>S9 G f ~+' •'fs T /S ~.Ser/n o ~ ceroP. ~oryP d60. . n L~j cen > / "F P ~Pr - .Boo/r947 i f Y+s PogPSO ~ -s+4a rv- A ~ ~ O ,~ I ~1 I O /r. J ~y./~ , [ 9Awnny~:__~. ~ ~ {[ ~ b` ~ t ff j ' Y~ / { / ~ ; B +~ } Y [ ooK 46S 1 ' ap7 L ~ c f ? S PPg A 2y9 f E ;. a r pp 0 ° /~ "~ ' r ~' ' F y lbr ry f IR~ fry k ~ . ._ _ 9~:~~,,.~ r ~, lI y I I ' OPSCn.;d _ f ai ~ 0 ~f ~ y ena,r ~ 1 y A C \f~ ~ ~ 1 yy I ~ oVP~AUp ~r r~ ~~ ~ ~ ~ 1 r y i b'.. 7 ? q i I -e~-~aca~. i a y 4 i`~:'lnr.. rJ. ~ ~ ~' ~ • i f(BPeY330 ~ ~ iq f ~ I Irs q ~i ByP 2/2 .. r 1~ ~ , N Nr ~ v t~` f i f t 1 BOnK9 +0e PvS/^ ~:r ~C ~ /~.~j 1 f ' e.,~.Y s/dy. •- ...gig ; ~? tr• .t r i 5 f f. { C >N%a yin. ...,1 ~9 "`f ~-_99:rt E---"v ~~CC ~ ~ ~ ° ; e Wos/ 4yYh AVP7tiP, ^.P'TI: ICAiiu7l: S he rat- ae?tif_ 'hst I have :vale s surrey dC the tourds?Sa9 of Lt \ .o eruct Ssle :.drool ::: 1''7.71 9st iorLy_ fourth ti ;veaua . l . ;et .LOncueats F.d urown r~sra'xith s^.d o fntn,d s .;L.+.~n IStic : ^ ~ 9. . :9 to ie on or r. lthi: t4_o 'oocr.- a. 3nr i~e9 0' t* . 3a '" . ,y~: _01 r..d..dr•^ an '=9 :J?.fit, .~O?L y' o..^.d 1. 99t ~:'IIl~l: `:~J ~~ . . 59 .: : mlt'.dra -.a :~e; ch herul.^.-dre •r:a ~. o--_d: to i >i ... .. ...,. ;; ., ,•.~,~ .. . Her:anied at .......... .. .._.......... ...._......._:k_.~........_.._._._........_.__.._..... ~~ne:~T •.v. rlr_wlnrt lteaention "Ia.....F...f,~.3 A.,=.~,i . ............................................_..._........_..___....._Reco:der. ritto«• All llen by Tht:sr_~ I'rese*_]ts, I,,,,t I/LL:1 NEFF ..f tho ,'..only of Jefferson ,and StaW oI Colorado, for the con93deration of other good and valuable considerations and One l$1. 00)--Dottars, in h nd p id, erebl' acl r d c eev W ~ ChOGl DlSt rlCt R-1, a body politic dad corporal un[~er [~te ~aws of't~ie ~~a[e o. L:oCorac~o of ,.he County of efierson ,and State of Colorado, the C..il0u iug real pmp::ly, 9ituae in the county of Jefferson ,u;d Stag of Colorado. to-wit: :~ parcel of land located in [he SW4 NE; of Section 21, Township 3 South, Range G9 Nest of the ^uth P, t:'l. ,Jefferson .County, Colorado, being more particularly described as follows, to-v'it: Co_:::mencing at the north- west corner of said StiVgNE4,thence East along the north line of said SW4NE.'-1,a ristance of 30. 0 feet; Thence South, parallel with the west line of said SWs`-NE'-,e-,~, a distance of 63. 0 fee[ to point of curve; "Thence Southeasterly, on a curve to the Left having a radius of 45. 0 feet, a distance of 70. 69 feet to point of tangent,. ttte long chord of which curve bears S. 45 deg. 0'E., a distance of 63.64 feet;.Thenc East, parallel with the north line of said SW--'.1NEq, a distance of 263. 0 feet; Tl:cnc~ South, parallel with the west tine of said SWq'-NEB'--, a distance of 559.25 feet [o point of carve; Thence Southeasterly on a curve to the left, having a radius of i5. 0 feet, _a distance of .23,56 feet to point of tangent on the north line of Nest 44th :lvenue, the long chord o•` which curve bears S. 45 deg. 0' E., a dis lance of 2l. 21 feet; Thence Westerly, along the north line of Nest 44th :venue, a tiistant;e of 70. 0 feet to point of curve; Thence Northeasterly on a curve to the left havi;tg a radius of 15. 0 feel, a distance of 23.56 feet to point of tangent, the long chord of which curve bears N. 45 deg. 0' E., a distance of 21.21 feet; Thence North, parailet with the_west llre of said SW,t-;tiE4s a distance of 499.25 f;:ct tc j+oiiit of cut•ve; Thence Northwesterly on a curve to the left, having a radius of i5. 0 feet a distance of"2'3.56 feet to point of tangent, the long chord of which curve bears ti. 45 deg. 0'W. , a distance of 21. 21 feet; Thence ;x'est, aarallel with the rorta line of said SWn'-NE,'-, a distance of 283.0 feet to a point on tile; west line of said S4VgNEq; Thence North, along the west line of said S~Vh`-NE3i a distance of 153.0 feet more or less to the point of beginning. Said [hove-described parcel of land contains L 0 acre more or Less. Saving and excepting from said land that part thereof described as follows: ommeacing a± tt-1e northwest corner of said Southwest a of the Northeast .'-1 of yid Section 21, thence East along the north tine of said ,Southwest ; cf the ortl;east ~'- of Section 2i a distance of 30 feet; thence south paraliei with the tXvT52liLCS.x:{yK~lii YlLMt%:%~ 'li}tZYVY4TXa`CXSfi£}~ypeXnS4Y}S9:XLtlT~f.~tDCtb est lire of sai:.i Southwest .'- of the Northeast i a distance of 60 feet; thence est 30 feet; thence north GO feet to the point of beginning. This ducd is made ar)d executed for the purpose of providing a public road >n[l right of way upon said described premises, ta•ith all its appurtenances, and warrant the title to the same, subject to tl;e 1956 taxes pavabie in 1957. .~ f~ , Signed sad 1leliverud Chi, -3 day uC ~GPif/ , A. D. 19S (E, In [hu preacnee u! ~~/ ~/ ~.. ~_..__~.. ./.:. ....._-..-[SEAL] tiTdTh: f)P CCI,[)ItAI)O, 99. C,aanty ••f .Tefferson - ~~'~ The foregoin¢ in9f rumnnt was- acenowledgeJbe.017 tt)56 ,5y' ~LL3 NEFF `; C`' R'I'f:N ]?::~ my hand and official sc91. ~ •.: ; .'.[y r•,nm,iasiun :-:cpirca 1~ ^f ~ ~ _ ~ s `.: jr.f i,Jlil l.ll_.kif t?~tif$}[.8 ••If Ir 1111, 1,,, ~¢ tfy.,.''3~ -' ~ryi~~A~rnrn•r'-_ dny of October ~. ~y :~ • Ali 1s •If Ly n:.La al prramt ur ;ra•uwna anr0 laser[ m,mv ur"a:~J>Jt•i>S ~DIaJn µ5tlns In rearene¢tatlvn or Otacial caDnclq or ~) :rH uttnr::al'-I:r OV t. !Len '^ix,~rt name 0[ PrnOn ua rxecutm} 9{NNfr~~~~))ty, 1/p.[y Qt(Sr.otner ca DacltY of ueaariDtlOa; It h1 Oficer -x; Orn tb.~:, :; Im;.•rl u:uno u[ +uvh ,:Rt: er or oRlcera, 63 [ rr:t)l'lalLLU0lbar u,Lec uRlcera of each vorpOntlon, namlvt it.- 8tatutzrY Ac•AnuwL:llYrnl•n(. L'm.emn f+1'r, '•t USh q'~•''~ Nu.S'J'.W.taxwN'fY Lanb.-~utnlarr Forn.~Bxadroxd-1104faaon Ttl.zjn, tetra. BabWool Lsal Blaal~Yar, Cola " --_ 11 it . ~ ~ ~ --- Reco>at ..... ..........o'ciocka/.14L J~.~j-- - '~ --.. ' 1~~ILLSd~i ^ __ . .... i .. BOOK TO 48$ ~ ' 2 ~ 9 .-Z-.OSS _H.-_ ~Leco . THIS DEED, 11lade this - ..day of in the year of our Lord one thousand nine hundred and forty-tW0 between 'Arthur .7. hewi8 of the City aril County of D0n4eT ~ and State of Colorado, of the first part, snd School District X32 , of the County of J0ff0r80n .- ~ ~ and State of Colorado, of the second pazt: SVITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten dollars and other valuable considerations r~dlaf.a~, to the said pare y ~ ~ of the first part in hand paid by the said part i e8 of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do 08 grant, bargain, sell, convey and confirm, unto the said part ieS oP the second part, their heirs and assigns forever, alI the following described lot or parcel of Land, situate, lying and being ' in. the County of Jefferson and State of Colorado, to-wit: Commencing at the 2dorthwest corner•of the Southwest quarter {S'lY~) of the Tiortheast quarter {I~~) of Section twenty-one (21), TOWn- ship three (3) South, Range sixty-nine (09) L°Iest;Thenee South aloe the quarter section line a distance of two hundred sixty-six and three-.tenths (206.3) feet to a point which. is the beginning of the plot herein described: Thence mast at right angles one hundred ninety-eight (198) feet; Thence South two hundred twenty (220) feet to the ]Tortheast corner of the present school yard of distrie gr32, Jefferson County; Thence TYest along the 2Torth line of said , school yard one hundred .ninety eight (198) feet to the a_uarter section line; thence PTorth ala.^~g this line to the poir_t of beginni. containing one acre, more or less. TOGETHER with sII and singular the hereditamgnts and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bazgained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, onto the said part 108 of the second part, thellIleirs and assigns forever. And the said part 3r of the first part, for him sel f, his heirs, executors, and administrators, do 08 covenant, grant, bazgain and agree to and with the said pazt].08 of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he i8 well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha8 good right, full power and lawful anthority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. - ` ~ -_ __ ` ' ' ~ ' ' ' f_d a ~~~ ~ _.as~ ~. and the above bargained premises in the quiet and peaceable possession of the said parti08 of the second part, theiTheizs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part 3' of the first part shall and will WARRANT AND FOREVER DEFEND. - - IN WITNESS NHEREOF, the said part y and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of of the first parE ha 8 ~ hereunto set hi 8 hand / ~ ~ ~% GL~~~-_ ~_:..--~~~ ..[SEAL] . _--------°---=•-•1 ' =----------•----_--...[SEAL] - -- -- - -------.._-----.._----:[SEAL] STATE OF COLORADO, /~n~~ ~~ ss. t;c[;t,~ 9'- County o£ IiZty-//L. . The foregoing instrument was acknowledged before me this 2 S day of 7'L%'UGfatO~wL - .~M'y'commiss}op,.ezpires ~/~ti(. , 19 Cf S'. SVitness my hand and official seal. S ii I~'. - „ ~/~~ n ., n ., t? i! ~ ~, . ,.- . Ncta=v 2'ablae. _" No. 932„~, yNAR1~NTY DEED-For Fhotogra~ecord. -The Bradfozd-Robinson 1'tg. Co., Jlfn. Rnbimon'a Leaal Hlaaks, Denver. ~ • i~ ' ®! ~ '~ ~;~NO. ~6. WAEEAPTY D&ED.-9hort Farmer The Bradford-Robi,uon Pt¢. Co.,Mice. RObiaeon's Legal Blanks, Denvea ~~ P• l'J~~TS 7~PF1~, >+d8ae this 28th - - - - - -day of Jnne_ - - - 1n the year oL our Lord ;~ one thousand nine hundred and thirty - - - between AT thur J. Tie L°lig i~ :~ of the L'1 t y 2nd County of Denver - - - - - - aaa state ~oL Colorado, of the ffrat part, and ,~ School District PTul~er thirty-tv~o (32} :.. ` ;~ of the - - - - County of ,jef~eT SCn - - - - - sad State of CoIoradq of the eecond Dart: ~i WITN ESSET H, Tbat the said part y - - - of the first part, for and in consideration of the sum of glen Dollars 2nd other_ good- and_valvable consideration - - - ~~ ~~ to the said party _ - - of the first part is hand paid by the said part 37~., - - - of the second ,part, the ~~ receipt whereof is herebS confessed and acknowledged, hag - - - granted, bargained, sold and conveyed, i and by these Dreae~f~ do ant, bargain, sell, convey and confirm, unto the said part y _ _ _ of the uucc~s~r~s ~~ second part 1 t g ~§~CpC as assigns forever, all the following described IotS - - or parcel S - - `~ of land, situate, lying and beiny_Sn the - - - - - - -- County o1 Jeffers On - - and state ~aL Colorado, to-wit: Be gin_T13.ng t the SoutYlaest ecrr_er_.of the ??or theast -_'~.. 'lauarter (S:7 corner of I?~'z-) o~ Section t~renty-one (2Ij Tor,~nsnip T'rres :{3) S. R. 69;1, the nee north six hundred and seventy-four (6'7~) feet alon;~ the ..eat boandary of the 1tLarter ^action line tc ti_e South bonndar~r of the School Yard; thence Last along the .South ho•,•sdary of th6 School yard ninety-alas (99) feet, to the Southeast (SE) co-rna-r-_of the p.-resera- Sci_oel J?sd of School District thirt~~-t:~e .. ,(32) Jefferson ~our_ty. ~'nis to constitute the point of bfi~irn=ng. ]'sense L^.st along the iTartr! line o3 .the- County ?oad ninety-I:i~a (99} feet. to a _rcir~t, t'r?6r_ce north ~.t right angles tno hundred and thirt;;T-ono- (231} feet to a point, thancev'.:'sst ninety-nine (99} feet at -right angles to tY!e ;~resert i'ort?~fiast (I~) eornar eP the Sc'r.ocl ~ Yard, t:lerca Seut'r. to the point o= caginnin_ cont,i~ng eight;-four f (8S) seuare°rodsf >•_~o-ra cr lass. I', TOGETHER with all sad singular the hereditameata and appurtenances thereunto belonging, or is say- :. wise anpertainirig, and the reversion and reversions, remainder and remainders, rents, issues sad profits there- of; sad all the estate, right, title, interest, claim and demand whatsoever o1 the said part y -of the first gait, :either in law or equity, oY, Sn and to the above bargained premises, with the hereditaments and appurtenances. I! TO HAVE AND TO HOLD the said Dremises above bargained and described, with the appurtenances ;~ S 6Se_n•rS 7^ . '' Hato the said party-- oL the second part, 1tS - gesrs~and•, s_dsia°ds forever. And the eaid.pa;t y---.-- of the first Dart, for :11'II sell. and hi S - - - - heirs, ezecutors, and admiaiatrators, do 6g cove is S12CC °^nr anal, grant, bargain and agree to oad with the said .part y--___ of the second part, i t g ~e -fraiau~ ~; assigns, that at the time o1 the enseaiing and delivery oL these presents, h 8 ].S - - -well seized of the premises above conveyed, as o1 good, aura, perfect, absolute sad Indefeasible estate of inheritance, is law, •. 1a fee simple, sad ha g - good right, full power and lawful authority to grant, bargain, sell and convey the ~! same In manner-and form as aforesaid, and that the same are Lree and clear Irom all Sormer and other grants, :i bar~aias, sales, liens, lases, assessments and Incumbrances of whatever loud or nature soever, includi7l the taxes for t..e year 1930. ~: i ~~ and the above bargained premises in the quiet sad peaceable possessSon of the said party - - -- of the ~,: second part, ahd h1S heirs and assigns, against all sad every person or persons lawtuliy claiming or to ~, • claim the whole ar any part thereof, the said party - - - - -of rho fltst part shall and will ~VARFLANT 'j AND FOREVER DEFEND. i IN WITNESS WHEREOF, The said part y----of the first part hag - ~hareunto set hiS - - - hand --- and seal ----the day and year first above written. ', Signed, Sealed and Delivered Sa "the Pre~nce of n -_-_~ _::___-:,:::: ,: .~/~~~~K"."'.c-~ __-_~-_'-- amen -'•--.~._..--'-'---'-----""'.~.._..~~ sass. i __~....._.......__.....~__..._.__._.._..~...---- emir. • '.i F~ ~,C _c% STATE 0;` COLORADO, lf( ss. City--end-_~COUyrr o~----------]?a~ve-r-------1 ._. _ _ - i, Clifford Pt. Abbott, - a-xotary ruhue in ana far aaia City and -- county, is me State aforesaid, do herohy certify that Arthur eT. Le~SVia , who i9 personaiIy known to me to ha the person whose namo i,g subscribed to the foregoing Deed, appeared before me this day la person, and acknowledged that he -. signed, sealed and delivered the said Instrument of writing as h j,g free and voluntary act sad deed Sor the uses and purposes therein set forth. Given under my hand and official seal, this 28th day of JU Tin A- D. 29 3Q, \ Sip commission expires Play 19, 1932.. - arB.-le U ~ Notar, Pnbllc. -- --.. i ~; ~~: -.:.: E .t.~:r ._~. - I ~... _- _ _._ ___ -_.-_ .. -. .~ ,~.,, y Ji ~.+ i V M z ~~ WI F Ui n i i d UI q i 1 1 b y 1 m ,y t ; a '1 q . L O a I ~ m ~ ~ A ^ ~' ~ ' ~ , b ~^ ~.; hi..i O i ~ ~ .,~ W. . O °? m A ~ .= O I cal ~ U ~ ,r ~ m . } ~ ~ .. 1 N O U ~' ~ k ~i I o IJiI ,, b o 4. I ~ ~ o I I M W ~ 'O ~ F 9 O v C, iT Q ~; M , d; N O .Y .O O r! U ~. - O, .~ «i ~ 1 ~A r-~ /tiyy •W !mil r ziooit N~ c~ Q 759 - -;, _ n ' F ~`~..~_.-... _.....___--.:aecvrt at..f CC~-~`.~22r._....row'dock~~-_:_D1.,-,-_-_.--I"!A!-_.-.._!:!.__~ ..-_.._......-._-.-_.-._ #' Reception No..-.._J rcrc.~ i r~~_.._~--'---.RQ~~~_-~`--~.,.~E~n Off---..-...Recorder. .. ~IIIS DEED, - Made this 29th 'day of April -- in.the year of our Lard one thousand nine hundred and fifty-two between - ' GEORGE SALANKEY of the ~ County of, •~ Jefferson ~ _and State of Colorado, of the first part, and JEFFERSON COUNTY SCHOOL DISTRICT R-1, a body politic and corporate. of the County of "~ Jeffers On and State of Colorado, of the second part: WITNES5ETH, That the said party of the first part, for and in consideration of the sum of --Ten Dollars .and other good and valuable considerations - - - -DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these prese is does grant, bargain, is succe aor Rsa3o~rever all the following sell, convey and confirm, unto the said party of the second part, 1~i.~luat~amds g described lot or parcel of land, situate, lying and being in the County of Jefferson--- - --and State of Colorado; to=wit: ~~~.,,w,~• Commencing at a point on the East line of he SE,-,NW4 of Section ~.; ~. ~~ 21, Township 3 South, R::nge 69 West. of the 6th P,M.,, which point ` ~~ is 905 feet North from the Southeast corner of the SE~t-,NW,1--, of )~'" said section; thence North on the East line of said quarter section ~: 307 feet 4 inches; thence West at right angles 99 feet, thence '~ .~ South 307 feet 4 inches to the Northwest corner of property of r'J 2 former School District No. 32, thence East 9q feet to the point .: ,:;.:I of beginning. ~ - _ ,,. ~,.~- ~, ~~_ ~ ( ~l+~i 'a-0~~ ~ (, ~T.Y3 ~ ~~ i s,. ~ Vie, ~,1. ,~.7p asp G ,t,~ ~~ w o- -I~yha~ ~~ TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; ar-d all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, eiiher in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the is s ccESSSO);5 said party of the second part ~sami assgns forever. And the said party of the first parE, for himself, his heirs, executors and administrators, does covenant, grant, bargain, and agree to and with the said party of the ?; succ ssors second part,.~tt and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as o£ good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever.including the 1952 _ taxes payable in 1953-which will be paid ,in full by party of first part. - and the above bargained premises is the quiet and peaceable possession of the said party of the second part, V~4u its successors xHB~ and assigns against all and every person or persons IawfulIy claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the sing¢Iar, and the use of any gender shall be applicable to all genders. IIQ WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. 7 ~_ (SE iiZ,) STATE OF COLORADO, 1 } ss. County of Jefferson JJJ The foregoing instrument was acknowledged before me this ~ 29th day of ~ April ' 'A. D: 19 52, ;by. George Salankey. • My cpmmission expires , 19 .Witness my hand and official seal. -: .. - hTy Comrniswe~i ex~i; cs June 5, 1?52 • ~/J . 1 ~ .: ~ ~ 0 xoearrPut6e. i ' NO.93ZA. WARRANTY DEED.-For Phato¢raphie Rceard. ' -The Bradford-Rabineon Pts- Co.,~. Robinaan a Legnl Blan&s, SBdG Staut St, Denver, Cola. • -° .,, ~ ,iq Sr I°~5 ' ecorded'at.k~.. ~ 1-•:••--o'clack~.M., ... P . ~ 2.. ~ •- -- ' R BERT/ NE N_ ~~ .~~ ' eception No.._. .~~~' 9t) ........... .................'-_ ~ --.--_._ itecorder. ~~ THIS DEED, Made this second day of September in the year of our Lord one thousand nine hundred and fifty-five .. between ELLA NEFF of the County of Jefferson and State of Colorado, of the first part;' and- School District R-1, County of Jefferson, aquasi-municipal corporation organized and existing under and by virtues of the State of Colorado of the County of Jefferson ; `' and State of. Colorado, of the second part; WITVESSET$ That the said part of the first part, for and in consideration o£ the sum o£ Ten Dollars and other good and valuable considerations ACf~, to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acl;zlolvledged, ha S granted, bargained, sold and con- veyed, and by these presents do es grant, bargain; sell, convey and confirm unto the said part y of the second part its heirs and assigns forever; all the foAowirig described lot or parcel of Iand, situate, lying and being in the County of Jefferson and State bf Colorado, to-wit: A parcel of .land located in_the SLV 1/4 NE 1/4 of Section 21, Township 3 South Range 69 West of the 6th P. M. , Jeffers oh County, Colorado, being more part- " icularly described as follows, to-wit: Commencing at a point on the north line of West 44th Avenue which is 643.4 feet north and 198.0 feet east of the center of said Section 21; Thence North parallel with the west line of said SW 1/4 NE 1/4, a distance of 413.09 feet, which point is 266.3 feet south of the north line of said SW 1/4 NE 1/4; Thence West;- parallel with the north line of said SW 1/4 NE 1/4, a distance •.. of 198.0 feet to a point on the west line of said SW 1/4 NE 1/4; Thence North along the west line of_said SW 1/4 NE 1/4, a distance of 113.3 ft; Thence East parallel with the north line of said SW 1 f 4 NE 1 /4, a distance of 283.0 feet to point of curve; ' Thence Southeasterly on a curve to the right-having a radius of 15.0 feet, a distance of 23.56 feetto a point of tangent, the long chord of which curve bears S. 45 deg. 0'E., a distance of 21.21 feet; Thence South, parallel with and 298, 0 feet east of the west line of maid SW I/4 NE 1/4, a distance of 499.25 feet to point of curve; Thence Southwesterly on a curve to the right, having a radius of 15.0 feet, a distance of-23,56 feet, to point of tangent on the north line of West 44th Ave.; the long chord of.which curve bears S. 45 deg. 0'W., a distance of 21.21 feet; The:ice Westerly, along the north line of W. 44th Avenue, a distance of 85.0 -~` feet to the point of beginning. Said above-described parcel of land contains 1.66 acre more or less. Saving and reserving unto party of first part an easement and right of way over and across the north five feet_of the described property for the purposes of an irrigation ditch . ~, ~r ...rrnres-.-.~..A.u.~i ~.~ , r WARR.INTY DEED. -The Brndfor bmson Ptg. Co., MSn. Robinson's Legal Hlanks, 1846 Stout Si., Denver, Colo. •. TOGZiTHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part y of the first part either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAYS AATD TO BOLD the said premises above bargained and described, with the appurEe- nanees unto School District R-1, Jefferson County the said party of the second part its heirs and assigns forever. And the said Ella Neff part y 'of the first part, for her self, her heirs, eaeeutors and administrators, does covenant, grant, bargain and agree to and with the said party of the second part, its heirs and assigns, that at the time of the ensealing and delivery'of these presents She is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate o£ inheritance in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbranees of whatever kind or nature soever. except the lien of the 1955 taxes payable in 1956. ~ '~' 9~~ 52 and the above bargained premises in the quiet and.peaceable possession of the said party of the second part its heirs and assigns, against all and every person ;or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has hereunto set . -her hand and seal the day and year first above written- Signed, Sealed and Delivered in Presence of ~~., _ (SEAL] ....---•--------•------------~--•------. [SEAL] _- --.... --..-.~.-..--_------_ [SEAL] -------•-°---•----...-----•---•--..-___.------•------.- [SEAL] STATL-TO&Y ACENOWLEDGNENT, SESSION 1927 STATE OF COLORADO, ~r~~_;. - ! "19 y:. -.+ _ _ ;'~'C U * `. n 1. ,~ ii ~y 't ~ , h!; . 7 ~~: t7ieri ~~pffia ~~ ss. •-----County o£----...--Jeff~~Sot7.~ ie foregoing instrument was aelmowledged before me this 2nd day of September °;~};~.4~.a. ". .. Neff. 3ni3'official seal. U F1 L ? ~, ,~ ~ i~: h ~,~ vii ..: L ~ ' µ `~\~ \ 94 rlf p. \ / ~ ,. ~~ttret\II'dP,~envn ~ persona here tit_Dame of,yersoa'as ezee¢tor, a fflceia; as the Dr~ide¢t or.'o W 'c~~:+p: .b~~` y(. y~~ vc, t~~~ No Pub11 _ ~- ~sert nnme or names; if by pezsaa acting is representative or official rsDacity ar a9 attor¢ey-ia-fact, irneydn-Fact, or other capacity or deveriytion: if by officer of corporation, Shea insert Mme of each afficem of such corporation, naming it N Jacob H. Brown James A. Lewis before Al Townsend, County Clerk, Jefferson County, ColoradoSeal. C ~ G SECURIT`LI~~L_.~ ~`.G"?__ ABSTRACT COMPANY .f ~.f`....,. Cou~~y ,..........,.K~. ~~. ~~ ' ~ - • ,• Jacob H. Brown _ ~~ QUIT CLAIM DEED- x`1.00 James A. Lewis "To ~ ~ Dated: July g, 1883 Ack'd: July 9, 1883 Aec'd:. July 9, 1883 School District No. 32 At 5:00 P. M. . Jefferson County, Book : 9• Page~451 Colorado Commencing at a point on the East line of -- , the SE1NW„ of Section 21 in Township 3 South, ' _ Range ~9 West, which point is 674 feet North from the SE corner of said quarter section and on the North line of the County Road at that point thence West at right angles and along the North line of the County Road 6 rods, thence at right angles North 14 rods, thence at right angles East 6 rods, thence South on East line aforesaid 14(to the point of beginning, containing g acre, more~or less. The said James A. Lewis h reby conveying, commencing ~at the same point above described running thence East and along the North line of said County Road 6 rods thence North at right angles 34 rods, thence ~;,.,. West at right angles 6 rods, thence-South at right a les 14 rods to the point of beginning containing z acr more or less, the said land hereby conveyed eing for school purposes and if at any time the same shall cease to be used for said purposes the land hereby conveyed shall revert to the Grantors, as in their first and former estate. Jacob H. Brown James A. Lewis ~,`• r1 - ti/L~/a~ <'~~~. ~ ~~. z~.__ ~.s- f.I~`wrt ~.,,.,.. aiar.r~<a~, A -'X~~~ :3 ~'-, v. r ~~ ~~. .: :'~~ `f S 7 . t4, 'i..~y • ' \tn e~+cr ~w~ ~~{{A ttwr A/ad11r•4~~ r ~'1 i <^ a... ~e ~ ~SZ~ ' + / ~/` F +~. (!l r.~I ~rY Ofit~f,,~,,j~,{E ~~rffM ~ -ti-<+r.-.~~ ~ F e ~ t N~iA"~jl i<rr ~C ';, ~ ieriNrw• r?'r<lt1,-!Y_.I ~9 ~~1•U! 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'_` (/l" A ,~j/~ ~J¢//~<~~.~ g ~/ p L / ~fHGG A/.~/i///~It~R!!fr/I .Gw I/` ~XC(p ~".~ _. !77 !& +ML lyi-sal,~i l>y lt-.Lbf'lssLG' .!t ~ - .SZ J : ~ .. f"nlA.r ~v+J~~~.t (/v~/lc/i ,.~~/.u ,~L'i..r~' ';•j ~~ n ~+++as~J . ~<as/rJ.ar<s~~ orkC 9l/lr• .!H!yYY//:(yyy//JJ~ +'D.ir. cU,l,.,~I. rJRIC/_L-Rw~rLi ~ji'/,,~~I ~~j e~H(/yE~~.t+.ul / '~ J.R.~~/ ,/rlae~fG - I~+rrf' t~ r~ ~iQ / - ' ~~ ~~'~ RLt•JI al ./J/"s~ .! // //)) H~rf.b; ris.sirrst! ,~_. ~JJ LI. - .rrrs~~i/.a<. / ~ .IiaEII, .~{IrrL I/Illf A~ hr ~r' ~': ice:"• ( 4L+L1 • Li' f•~eQ~.i'N~f~ 4e•~Tfll ~A a'f.J'f!!ss /Y~ ~~~-~f ///o~~l~e'r -a7Y //rs~ 7 ~ r/ i~'n~i lC.`'' y ru~~G ~ft/.v i!- ~' -l .tri<• .~<nJi ~!r!G ~• .GwCw1rJ' 'S4i ~ ~~~L JfL}y~..~-/Tc"G 7~r+.t/Lial, a-I .us ~in+%a^ x.u/~.e..n'/ sl" - _'] ML ! L <6IlL ~O.3i OL4 {NL 183L. ~''i~ , _ ,~... _. - _ ... S. 7 S0[//I ~tUd~rrl.fYry )~ • ~1:: :~~ ~. !~ irr µI r110(r~ l'1~y~ ~.)'~I~.~_W~P~~<W JA]~N'r~~~ ~RY9t~ ~ :~ Y^.r .'.<F rA~rllVrr OJ~a ay.w Ifr1OfJJEW>'•r~ f)•r~ +c Y:fatBe~^IYPMY+ow,~~M1WtA!'aarapaYt 'a(t,L. /focal~prrA1<trL,iegwaM/01..-•~Ti.?[t•~~~yreE+l~adaeatlLLr'4S ~~. ., ir. +' 4_' • l~ O of ~, ~+i_ , ~. ;:.. ~:~ R+av6M u..._ .,,V~v RECORDED IN ~~ N.__.._._.__ ~ COUNTY OF JEFFERSON _BTATE OF COLORADO RECEPTION N0. 86049897 T9U DIIDv NaN tW /~: y' ~ /ft,y,IO3/13/86 10.13 9.00 u 86 ,epew.r Jefferson County School Dl strict No. R-1, formerly Schaal District No. 32, a quasi-municipal do r.rpot.ur d.ir .taaabad w dn.r rdv w er .Itaa e< tL aw. w w aaa st Colorado at te. Dtpt parL.ed the City of Nheat Ridge, a Colorado Home-Rule City l1wAKtlta mar eepdtd w datlat tmdar w Lf .Iva. d tW bwa K tL BtW at . d fea aaemd paey V117tiaD, Teat tea rid 9atV of w fiat part, for w a emafdwaHr at tea m of S 10.00 .Ten Ool Lars and no/100 ________________________________________~_____, DOtt.Aaa. a ew aaW paib K tea fltat Pare m ew paid h te. rid paeV et tea reoad part, uu r.Wpt werwaf 4 e.ner oapfaaatd w petaowltlgd, sate nulaad, tai«a.a,.aia. ner.1M w QUIT Cf.AIYID, w M re.v ptrra dnte n.b.. nirr, am, emery ra Qurr ct.ATr ma re. a.w vartr ~ w ..v.a p.ee, la aaeeavavp w a.4r Iawrr, aU ter riteR Lta, aan.b .t.u. w demaed weke tea Wd Out, a ew lint poet sari Y w a tea trOr.ier ewrmtMd property dtwa, bins w e.eK a tha Carry a[ Jefferson w eaa a Coirtpae, a wit: See Exhibit "A" attached hereto and incorporated herein by this reference. This conveyance is for Right-of-Nay purposes only and a0purtenances includfng curbing and sitlewalks. TO ttAVa AND m sat.D te....., aereear waa.n w Wsela* tM •ppaaroer w prirOesee eeeerma wmias. as m rrwW te..®a •pveteleler, w .O ar ertatb tree. tlta, aav.ve w solo wertaarrrr, r! te. Arid part of fea tint part, dthrr a aw or pdq, m Wr aey pea9v ~, hw[It w greet[ j ter rid purr of tY raeoed pare, Re poeaataoer w aadsaa fetrrar. IN NRN1388 R8Y@EfIP, Tea tW party of ter lerae part Bate errand lb ovpvra ear a >r enarfp re.miew er is FrrldenR w !a mrpet.a ..al m b ervwmm atflrd. pet.atd h W 9rmrtur. ter oar w rrrtht.eo.. wdWa. Atgt:.. ~'6~ky'a f. V T~_ • ecE '~ •,: J~~':YC:. .~:•~ • ~,.,,. 8TAT60F COfAItADO, ' Coony rt_. Jefferson }"~ ~ Te< foxr~aln~ imtrvmmt wu uknowladpd brfon m. fhb / ~ dq K MaY , tp 86 ,er William G. Ross u rtr.iartw Judith A. Pierce u Saertan rl t. County School District No. R-l. a quasi-munielpal Ifearporatira. ,~ Se4... kj Com^i:,,o~: fx,~..::_i7 7J. 1558 .nb rt/41.1 ua1. -~~ ~/' ..._ ..................__....._._..........._._.`'f..'~... F~ . 'IFs 16'Form And Content: '~`~'~j4't`~ L! ~'t~-{ 1:, . f~.. A09 Uuail Stree[ r• . A n~~ ~ Lakewood, Colorado 80215 School De stmt AC Nr.IS. eUR rIJIM pri[L-~'nnww, w,.,wm~r Y,ul.r~ Y.W,~uf M1 Itl, M rbn, NM U.,w. play. 4H •• !' RECEPTION N0. 86049897 E%HIBIT A Parcel No. 203, 204, 205 and 225 Grantor: Schooi Dl strict R-1, County of Jefferson A 66 foot wide strip of land over those portions of land of the folloring four (4) deeds: School District Ho. 32, recorded July 9, 1883 Tn Book 9, at Page 451, and School District No. 32, recorded July 1, 1930 in Book 330, at Page 212, and School District R-1, recorded September 2, 1955 in Book 947, at Page 50, and School District R-1, recorded October 22, 1956 in Book 1025, at Page 466, known as Parcel No.'s 203, 204, 205 and 225 rcspec ti veiy, Jefferson County Records, State of Colorado, 33 feet on each side of the center 71 ne which is described as follows: Beginning at the west one-quarter corner of Section 20, Township 3 South, Range 69 West, of the 6th P.M.; thence N 00.08.6' W, (bearings for this destri ptlon arc relative to one another) 566.9 feet along the west line of said Section 20; thence S 77'17.5' W, 0.1 feet to number 371, a 7/8' diameter steel pin ChencebNl77.17 r5a1E,s642a9efeetato numberp3766eansteel tpin (215' below 'asphalt surface), said steel pin being Station 6+27.40; thence S 89.41.9' E, 2013.7 feet to the north-south centerline of said Section 20; thence coot lout ng alongg aforesa td bearing 7.9 feet to number 369, a 1' diameter steel pfd (1.7' below asphalt surface), said steel pin being Station 26+49.06; thence S 89.41.3' E, 2646.91 feet to number 373, a 7/B' diameter steel pin (1.4' below asphalt surface), said steel pin being Station 52+95.97; thence 5 89'43.5' E, to the east line (extended) of deed to Ben Steele, Tndf vi dual ly and B.S.S.R. Investment Company, recorded May 14, 1979 in Reception No. 79042095, Jefferson County Records, said east line (aporozima tely StatT on 15+90) is the TRUE POINT OF BEGINNING for the north 33 feet of said 66 foot wide strip; thence continuf ng along aforesaid bearing to the east line (extended) of deed to Ralph L. Stafford and Richard 0. DeYries, recorded June east line {apD roximately Sta tloe 76g801Jisfthe TRUEuPOINReDFrBEGINNING for the south 33 feet of said 66 foot wt de strip; diameteresteel upin (1 ~3~96e1ow asphalt surface), nsaidrsteel~pin Detng Sta lion 79+44.95; thence S 89'31.1' E, 0.0 feet to the north-south centerline of sa ld Section 21; thence con ttnuing along aforesa ld bearing 2654.1 feet to number 375, a point on the east line of said Section 21, said po tot lies N'00'06.3' E, exactly SBD.27' from the east one-quarter corner of said Section 21 anA is also the POINT OF~TERMINUS. a 1 .:~ ~ ~ Point numbers 371, 37fi, 369, 373, 374 and 375 are points either found or developed from a survey believed to have been established by H.N. Gardner, County Surveyor, prior to 1930. Please reference Plat Book A, Page 14 and 15, Jefferson County Records. TOGETHER w1TH that portion of land (if any) lying within sold 66 foot ss r~ipTescr~bed as follows: Bounded on the west by the east line of deed to Gilbert Ranero and Jean D. Romero and Fe11x R. Romero, recorded October 25, 1977 1n Book 3D90 at Page 769 and on the east by the west 11 rte of deed to Lauren E. Aldrich and J. Elaine Aldrich recorded March 6, 1982 in Reception No. 82014612 all 1n Jefferson County Records. STATEMENT OF SURVEY I, John S. Lambert, a regl5tered land surveyor in the State of Loiorado, do hereby state that Exhf bit A was prepared for the City of Nheat Ridge, 7500 N. 29th Avenue, Nheat R1 dge, Colorado, 80033, by ak and on behalf of Seilards d Grigg, Inc., 143 Un ton Blvd., Lakewood, Colorado, 80228. I further state that the centerline of the 66 foot wl de strip was field located under nq direct supervision and checkl ng during 1964 fraa the use of Plat Book A, Pages 14 and 15, Jefferson Lounty Records. The affected parcel(s) were determined frow a records search perfonaed at the Jefferson County Clerk and Recorder's office located at 1700 Arapahoe, Golden, Colorado. It Ss frpa those instruments of record as identified in Exhibit A that their overlap (1f any) with said 66 foot wide strip is to be acquired from use of this Instrument. No land survey of the individual parcel(s) were performed or intended ~o imply any dl rect or indi rest representation to a monumented Land Survey or Plat as defined under subsections (1 through 5, 1, 8 and 91 of Section 38-51-100.3, C.R.S. 1973 (1979 SupD•l. IMPORTANT NOTE: The instrument recorded in Plat Book 88 , at Page 25 ,/Reception No.86036192J efferson County Records is to be ~a-- part of Tiffs Exhibit A as if wr~iten i - '- --' ec: y: NOTICE: According to Colorado law you must commence any legal action based upon any defect to 4h1s survey within six years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certlficatton shown hereon. RECEPTION HO. 86049897 REC~PTI'ON N0. 931 11 10.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 9/09/93 10:43 c~urr cf,n[N[ nrro '1'If[~.f)G,I:D:;M1ladcthis ~~' day of August .19 93 hclu'cen 1, ~ '. J2£fers'on•:Coun>ry School District No. R-1, a quasi municipal corporation, u corpuratinn1duly urga0ized xnd existing under and by virtue of the laws ul'the State of Colorado ',' .' , grantnr, nnA ' City of Wheat Ridge, a home rule municipal corporation, a a,rpnritinn duly organized and existing under and by virtue of the I:nvs oC the State of Colorado ,grantee, whose Icgal address iz P.O. BOX 638, 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 WI'I'NF.SS, That the grantor, for and in consideration of the sum of Otte Do11aY and other considerations --- 0 0 0 0 ~r, N v v C C 0 .~ L 1-I d b 'r~ fn O U H W X W I W W W ~+ N W a 0 ca 0 2 the receipt and sumciency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sett and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real'properly, togclher with improvements, if any, situate, lying and being in the 'County of Jef f erson ~ and State of Colorado, described as follows: See, Exhibit A attached hereto and made a part hereof by reference "(Conveyance made for the purposes of construction of proposed West 45th Ave. ,City of Wheat Ridge, County of Jefferson, State of Colorado) also known by street and number as: 'I'O IL~VP. AND'1'O HOLD the same, togclher wish nll and singular the appurtenances :md privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsocvey of the grantor, either in lawarequily, to the only pmperuse,benefit and behoof of the grantee, its successors and assigns forever. IN N[TNESS NHERF.OF, The grantor has caused its corpor4te ndme to be hereunto subscribed by its President, and its corpevate seal In bo hereunb affixed, :dtesteJ by its Secremry, the day and year lirxt above written. Jefferson Count 11 ~C~l~~- Jane Urschel• Ih,i°`"' ~, _ ~'. s:. n • ` STATE OF COLORADO Coumy of Jefferson •~ The fprFgoigg instrument-was acknowledged before me This hrr''Jane; LJ %U.rs the 1 . ~Pl~a.dcy •:5:•• I;S~I31y 'J'a,ffer~sp~„County School District No. v,r,t~t. ~K1y commi~ion exnirpx ~ Aprl~ 17, 1995 ~NlttiisfvSnyjhand•mid ohiil•.d xc:d. flpprpved as•^~?~ ,£orm and cof;tent: ~. ......~'~ ~, P `II in Denver. insert "City :md." - 55. ~1~' day of August .1993 as President and ns Secretary of R-I, a asst manic pal xcorporation. NMUry IW4ic No. g?$. ItcF. 12-47. QI IIT C'LAIM1f DF.F.D (Cnrpnrvdvn rn Cnrpnndnn) UradfnrA Puhlishing, 1743 Wure<SL, Denve , CO A(1'_02 - (303) 292-251N1- I!)2 -_`9{,,t \/ • i EXHIBIT A LEGAL DESCRIPTION FOR PURPOSES OF A PORTION OF FROPOSED WEST 45TH AVE. A PARCEL OF LAND •SITUATED IN 1'HE NC)RTH 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, CITY OF WHEAT RIDGE, STATE OF COLORADO. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CENTER THENCE S45°18'35"W, 138.57 BEGINNING; THENCE S89°11'55"E, THENCE SB?°07'21"E, THENCE N89°31'15"E, THENCE SOO°28'45"E, THENCE S89°31'15"W, THENCE N87°07'21"W, THENCE N00°18'35"W, BEGINNING. SAID PARCEL LESS. } r 7 a w ., ~° `I V -~~' `~; , n, rr' 'n + it' 1 4 . . i m r- . F~nwt. \ L~ ) 1' 1 ;Y~ ,~ ~ i ~l ~ SCHOOL 1/16 CORNER SAID SECTION 21; FEET TO THE TRUE POINT OF 1.88 FEET; 202.09 FEET; 233.29 FEET; 50.00 FEET; 234.'l5 FEET; 202.64 FEET; 50.01 FEET TO THE TRUE POINT OF CONTAINING 0.5020 ACRES, MORE OR s,.~! ,.~.~1~ ~~~ °~ r°ee°°,c°°~( :~~.o y ~ y e ~:-~:~~ s .,,y + •4`(1•0eeeie~°ee°ei ~~~~~~ ~l ~~0,, .\ c;iF~ ,.8. ~/ !hall. ',; I,! f.'~+ !~: ', TP't.i; £,): ~ '~.i I.~.... ~ d "1I] ' ,?:: ;:I~, iii::°%;:Er;r~";,i .~;i(I`I$4;.'I ~•; iilrlV h),ri-t ...,.- •a The fp~ggiggrinstrument~was acknowledged before me this br'''.7ane; W.;'!U.rschel ;Nancy ~ 3 L M~3~I~~.ly 'd'e;ff~rs~4in„Cguni:y School District No. Y' r ` - K1y commiQion ex~,ir~s ~ April 17, 1995 \411~cs~n~jhind'und n~iicial seal. flppz+pved asp Z?~,:,£orm and co3>,tent: ~~d F.~~r ~f ~ :hoot District Att ''II' in Drnvcr, inxert "City and." ~~' day of August .t993 as President and as Secretary of R-1, a uasi munic pal mcorPomtion. Nrnvy ILlnw• Nn. R?$. IIc'r. 12-91. QI IIT ('LMM1r DGF.D (C°rpnrnllnn I° Cnrannll°n) ~ (Q'q Oredf°M Pabiishing, 1743 4hmee St., Denver. CO RO^_02 - (303) 292-?500 - 1!)2 °.al Description Reviewed a~nd,,VDerif;r Rea i t ~-' r .' 'RE'CORDED \~ '~ 6 IVO. 931 10 10.00 IN COUNTY JEFFERSON STATE OF COLORH 0 WARRANTY DEED TIfIS DF,ED, Made this 14th Jay or July 1993,between R & J ASSOCIATES PARTNERSHIP A GENERAL PARTNERSHIP of the *Countyof JEFFERSON State of Colorado, gmntor, and City of wheat Ridge, A Home Rule Municipal Corporation existing under and by virtue of the laws of the State of P.O. Box 638, 7500 West TOGF,THF.R with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the inversion and rcversionc, remainder and remainders, rents, issues and pmlits thereof, and all the esmte, right, title, interest, claim and demand whatsoever of the gmntor, either in law or equity, of, in and m the above bargained premises, with the hereditaments rind appurtenances, TO HAVE AND TO HOLD the said premixes n6ove bargained and described, with the nppurrenances,unb the grantee,ils successor and assigns forever. And the grantor. Pot himself, his heirs and personal representatives, dues covenant, gran[, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estuteof inheritance, in law, in fee simple, and has good right, PoII power and lawful authority to grant, bargain, sell and convey the same in m:inner:md form as uforesnid, and That the same arc free and clear from all I'onnerand orhergramx, bargains, sales, liens, taxes, asxessmentz, encumbrances and rexlriclimns of whatever kinA or nature smever, except WITNE.SSETIi, Thar the grantor, for and inconsideration of the sum of One Dollar and other considerations DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all of the real property, together with improvements, if any, situate, lying and being in the County of Jef f eYS On and State of Colorado, described az follows: As Discribed in EXHIBIT "A'--' Attached hereto and made a part hereof by referance. also known by street and number as: VACANT LAND NONE The grantor shall and will WARRANT AND FOREVER DEFEND Iheabove-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person orpersons lawfully claiming the whole or any port Ihercof. The singular numbershall include the plural, the plural the singular, and the use of any gender shall be applicable ro all genders. [N WJIJTj~NrES~S}-WHEREO ranun .: executed this deed inn the dote set lint d we. //1.~1 / i~t chard R, Todd, General Partner o ep R. Graller, General pax STATE OF COLORADO, County of JEFFERSON The foregoing instrument was acknowledged before me by RICHARD R. TODD AS GENERAL P. FOR R & J ASSOCIATES PARTNEI My commission expires 4-10-95 WITNESS my hand and official seal. 'If in Denver, insert "City and." 7/23/93 11:06 n corporation organized and COlradO , grantee; whose legal address is 29th. Ave. Wheat Ridge, Co. 80034 dayof ,7~,y • 19 93 , R. GRALLER AS GENERAL PARTNER ' ~/ / ... Naluey l'uhtie No. 952. Rev. 385, IVARRANTY DEFA (fo Corporation) Far Phdoeraphle Berard Rndfurd Mblishing. 5825 W. 61h A,c., Irkewaed, CO tlR'_I4- (.WS) 233fi911R 686 ~" 1-~ ~r EXHIBIT A A PARCEL OF LAND SITUATED IN THE NORTH 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL COLORADO. SAIDT PARCEL FBEINGN MORE PARTICILARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CENTER 1/16 CORNER SAID SECTION 21; T}~ENCE 572"39'39"E, 354.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE THENCE THENCE T}lENCE BEGINNING. LESS. N89°31'15"E, S00°16'03"E, S89°31'15"W> N00°28"45"W, SAID PARCEL 341.03 FEET; 50.00 FEET; 340.85 FEET; 50.00 FEET CONTAINING TO THE TRUE POINT OF 0.3913 ACRES, MORE OR ,. ~. ....u..vi, ...... roWYIN1IC N~ 1 Do The foregoing instrument was acknowledged before meth q 4T ~Q' by RICHARD R. TODD AS GENERAL PAR ~ H R FOR R & J ASSOCIATES PARTNERSHIP, PA My commission expires 4-10-95 WITNESS my hand and official seal. ~,'\~, ~ *If in Denver, insert "City and:' day of J~lr , t9 gg , , GRALLER AS GENERAL PARTNER No. 952, ReV. 385, {VARRANTY DEED po Corpantlon) For Photogrephtc Renard OradfoN Pobli,hing, 58?$ W Nh Ave., I~kewiwd, CO NO'_14 -pU31 ?J1fi900 6Nh 11 n"~~ CITY OF WHEAT ~IDr,E 7~~rp W 9TH AVE. , F'. O. BOx E.38 WHEAT F,'IDrsEp f:OLOF:ADO gpr_a;~~{. DATE PATD: P9AY 17~ 153 F..EiEIVED f-T:OM: I~ ?< J ASaOC:TATES DES~~F~IF'TION: FiLINa3 FEES AMOUNT C:HEr:i,: ~iSfr,trx~ r_HEr_:f<:: N0: ir~p3 =.ASH: ~~~.nCr C:HAI<?3E: ~Ca. ~r~r MONEY OF:DE1=:: ~Cr. citr AMOLtNT F:Ei_EIVED: ~iSij.c~c7 DrF.. ID: AI`1W REr~EIFT N0: ~51~3 r LEGAL DESCRIPTION - FOR RE-ZONE OF A PORTION OF PROPERTY WITHIN THE PROPOSED FRUITDALE PATIO-HOMES SUBDIVISION FROM A-1 TO R-2 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF. JEFFERSON, CITY OF WHEAT RIDGE, STATE OF COLORADO_ SAID PARCEL BEING MORE- PARTSCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CENTER 1/16-CORNER_SAID SECTION 21; THENCE 833°40'21"W, 177.19 FEET TO THE TRUE POINT _OF BEGINNING_ .THENCE 887°07'21"E, THENCE N89°31'15"E, THENCE 800°16'35"E, THENCE 889°31'15"W, THENCE N00°18'35"W, BEGINNING. SAID PARCEL LESS_ 202.64 FEET; 94.66 FEET; 119.50 FEET;. 296.99 FEET; 131.36 FEET CONTAINING -0 TO _TAF TRUE_ POINT OF .8423 ACRES, MORE- OR ~4& :t h~, I I ~J1 ~, J ^~ v 0 m a t 0 ~~ ~~ =~1 0 s ~_ m -P 2 m Q ~~ u z i ~J ~~ +' ~~ ~~~ R-2 ZONE N Z ~~ i ~ ~~ ~ ~~I ~ l o ~ ~ I Q I I m, I~ 1~ I D ~ ~~ I w l i N I~ Z----~ ~ N I ( I ( OWENS STREET , 1 _ ` ,ti9'OZ£ 3 .4£,81.00 5 1 ` ~~ I + ~ ~ JII , ~\m R ...~,'..'~ n~~ F""' N o 1 t m S 00'18'35" E ,00' 1£Z N ~ ~~ m ~ ~~ ~ A I ~ ~ ~ ~ O .`O d N N ,86'~ 3 "SE, t. 0 - -- - ~ Z m " N 00'16'03 W 6e 87 I I 1 ~ I O w, ,--~, :: 1 w I -TJ - i I 1 I - ~ ~ I == ~ I i I I I I IA W,RRIJtt Si180M175glt I I 3AARLI i I q S:12DI:'ISIOlt R-2 Z©NE ©' ® ~ ~ 19 ~ ; >~s'sH z~ ~~ m ~ $N$ g m i~f $ 5 'w I rn I ~ I 1 2 I I I ~~ ~ D 0 ~'m rn m 0 6 ~~ o~ A f 6 Q (Iq' i l i ~ ,a S'~ I I r~ x I I ~~~ ~ ~ ~ I I ~ I ~ I i i -~-z~ ~; ~ ~ ~ I o I N '15'16" WI --- -'- w ~ ~ r 0 J ~ / v N C7 -t7 4 ZDO mz~- G~ O m cn 1T7 s OQ N ~ O I Z N m ~~ i y~}" ~:~! z ~ .p -_ ~.... m r.~ ~~ '~ O A~ S'Y3 ,~ ~ _ :Y_ r- , ~ ~ Q 4091 D _ rn o ,, m O -i hl _ • O ~ -~ ° ~ ~ ; ~ ., z , ~ „a .. ~ N C7 -I 0 = -- - c m o ~ Z ~ W ~ ~~ O \ '' 4 -- - ~ -N - ' ~ ~ ~ ~.;~ ~ m -~ n m N m -1 0 _ .r_ _ ' s ~ ~ , N ~ ~ ~ ~~" ' a •oZ Z N ,v ~7'` ~ ~> °t m .. ~ ,w , N I z rn ° ~.i 4 o ~ s '*t ~ f N ` _ '~ _ x~ ~- m ~ w -~ ~ z ~~ N O ~ ; qq V d V o 1{! ' Q ~ Z~ ''® ~ ` '~' w ~ ~ . m _ _ j _ o ~ _ 1't't ` _ -., ~ ; d ' m - n O r ~ ~ o ~_: n p - v n ~ w o ~ m ~ s ~, ~ == _ . - - Y . C T V k' 3 ,. M M NOTICE OF.NEIGHEORHOOD INPUT MEETING R & J Associates IS PROPOSING A REZONING FROM A-1 TO R-2 A SPECIA USE PERMIT FOR 0 P OPE TY LOC ED .. AT wens Street THE LOCATION OF THIS MEETING IS ~itv HaII 7500 Wa~+ ~a+r THE TIME AND DATE FOR THIS MEETING IS 7.00 P.M. June 3, 19g3ve THE PURPOSE FOR THIS PROPOSAL IS to build duplex units ''. The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an app],ieant must notify all residents within 600 feet and invite them to a Neighborhood Input l9eetirlg,~" The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the nej:Sttborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? ~ Where will the storm drainage go? ~ }low twill the project be designed to enhance rather than detract from the neighborhood? ~ What specific changes can be made in the proposal to make it more accelitable to me? After attending the !•leighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may leave regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these Forms to the City along with his application. e~ C °~: -' ,. ,. .~ .:: ..,. ~~: , y,., j;. ~~~ :. L e2 ~ _ i h,~7 CG1 A:na 'A' ~ C~PTre r,~Pr)7 ~n n 9u~,2 .4.c/r-ra IF.Ct .S. /P r/N UN/~} U'T /jlror I"e" (Y Uf~~r+L~ .4afg[ GG /~Cl~7cr f, ran- - ~l T7G~-' S' Atx:,r P~~Pg-J-, , ~- cry!/ i..vh., dorms -_~ ~ ~. i d~ ~,:e (~~r ,, ,, 1JP cYn y~ ~ /,~ ,~ _ .. _ „ ,,, ~ ~~~ ~ • ~ ,~-~•~ c tF-Cr r/l/r~,Lo 'v.'t' ~ ~ ~'l P~r.P F{r{ NOTICE OF.NEIGHBORHOOD INPUT MEETING R & J Associates IS PROPOSING A REZONING FROM A-~ TO R-2 SPECIA USE PERMIT FOR O P OPE TY O A E AT wac+ as+r a.>A a.,.~ Owens Street THE LUI.AllON Oh THIS MEETING IS ~1 v x,ti 75n0 w G 9+~~ we THE TIME AND DATE FOR THIS MEETING IS 7:00 P.M. June 3, 7993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units ''. The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits iahich allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input ~4eeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: :~: Is the proposal compatible with surrounding land uses and zoning? ~(c Are there adequate utilities and services in place or proposed to serve the project? Z a,~ What is the impact on our streets? =TE« <<`~- ~ Where will the storm drainage go? R~N~~ ~, :le flow will the pro,jeet be designed to enhance rather than detract from the neighborhood? ~oo~e,, * What specific changes can be made in the proposal to make it more acceptable to me? After attending the Feighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may leave regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. E ~~~ G L ~ >_. €_ vF Z S n,v~ z~ j QuT't~niG itS Ti'I T~1~1c,w ~nRr~C.S M~~r. ~~z~cr;c wd a~.N~_~z~ c~aoa,~.i~T b __ w i z L o I 2n; ~ r~~r. <a~;RT r- Ptto P,c. rM S a~~s ~ i'sr 'c ,'ors r`LR+ ~ 2~2F~rl ^ N.~w w;aZ iT A~~(=t'cT WFZL W ~sil'R No Ld w ~ •'n/cort fi, - ~~;~ ; l,.,~r ~ ~Pn,o ~:~ ~ ; & S - Y.' + I ~ ~4 ~~ ~r 1. 1~ I I .~ 1. j ~' a .I : ~ . f ~: o ~ I EGG' ~ ~ ( ~~ /~/(G NOTICE OF.NEIGHd3ORHOOD INPUT MEETING R & J Associates IS PROPOSING A REZONING FROM A-~ TO R-2 SPECIA USE PERMIT FOR 0 POPE TY 0 A E AT we s Street THE LOCATION OF THIS MEETING IS ~itv Hall 7500 w Gr ~9+r n,e THE TIME AND DATE FOR THIS MEETING IS 7:00 P.M. June 3, 7993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units ~, k +. ~' y' , ;,',_ 'r~ ~''i FJ }r `I :i '' The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input tdeeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The lcinds of concerns residents normally have are as follows: :(c Is the proposal compatible with surrounding land uses and zoning? a1: Are there adequate utilities and services in place or proposed to serve the project? /~ p S -(-d v.~ ,~ ~w~v * What is the impact on our streets? ~~ ~ G ~ ~a s n-~ 7_N ~ ~ ~''C' * Where will the storm drainage go? * Flow will the project be designed to enhance rather than detract from the neighborhood? * ghat specific changes can be made in the proposal to make it more acceptable to me? 67 p p o ~, o! s After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you tnay have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. - -- - c1t dyl y ~<,~os e. ~ fyA~ c.~Nor ,'~iC~Yp~-~- s~o h~le~ l~~[' /~l~ -S % a ~ GYl ~J ..Q_ ~.() 2, p (/1 -e. ~O h P A' ~ D a C a ~M ~ d Cr f'G. / N i' -~ U ~/o ,~ e h-i ~ ~ r -- (,~ ~ ..2 cr /s o G~ .~ ~~ fa Gr a ~ ~. ~ • , J, a'ir' i ~ ~ ~~.1'iti ~. •I154,1 i 1 '.~ . I .~. I , , 1; ^• .:.., , _ ~t~~c.. NOTICE OF.NEIGHBORHOOD INPUT MEETING R & J Associates IS PROPOSING A REZONING FROM A-1 TO R-2 A SPECIA USE PERMIT FOR O P O E TY 0 AT G7pg} dF}h A -nd Owens Street THE LUI.A~lON OF THIS MEETING IS City Ha77 7snn wo~+- ?a}h nve. THE TIME AND DATE FOR THIS MEETING IS 7:00 P.M. June 3, 1993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits tahich allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input 14eeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: :~c Is the proposal compatible with surrounding land uses and zoning? :Je Are there adequate utilities and services in place or proposed to serve the profectl :~ What is the impact on our streets? :~ Where will the storm drainage go? :~ Flow will the pro~ec*_ be designed to enhance rather than detract from the neighborhood? * ghat specific changes can be made in the proposal to make it more acceptable to me? After attending the Fleighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may leave regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. 1 ~~ --;- -~ -- .__ --- ll ___ ___ __~--_.~.~ IA~ N d~ ~~~-',~? cj . _ __ _ ._ _. _ 10 5'0.,x._ u/ -~~~ ~~~~ _.._ / _ _~ a ~ n ~- ~ ~ ~v r~ i.Jt~ c# _- _. _ . _. _. ~ _ ( _ . _.. ~.~ ~ ~~ __ _._ _. -- s,~ °--- yt ... /~G __..__.____ ._. _ -- _ ~~.__ ~a - .3 - 93 /i/EIGFfBo~2fk5oD /~IC~T/n(G . ; ~~ i r.,~~ ~% ~_ ~. ~~ ~' a~ a~"~ ---- __ ~z ~w~eL~,~~ Z s~ ~ ~~ / n j,~ -- i Z ~~- ,~~~~- - ~ ~° --~~ ;i ~~~ ~ ~~ - ;mot'>` 'Q ~ - ~ U ~ ~ -/~ y~-co _ .. ____ a u<,.~K ~ y,~r>w ter ~^ i ~ -_ ~~ - - -- -~- ~~ -y I -- ,: ~~ -_ ~~ . ~~ ~, v ~~~ ~~ ~~~, -t~°'' ,~ .~ -500 W E3T 29TH AVENUE P.O. BOX 638 The Clty Of WHEAT RIDGE. CO 80034-0638 .. (303) 234-5900 cwheat City Admin. Fax ~ 234-5924 Police Dept. Fax ~ 235-2949 1\idge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning. from A-1 to R-2, a partial street .vacation ~_,_~ Y~vrc~ ~Y uescra.oea nelow. Your response to the following questions and any comments on this proposal would be appreciated by ,7uhe 4, 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-6/R & J Associates LOCATION: 10800 West 45th Avenue REQUESTED ACTION: A~proval of a_rezoning from A-l. to R-2 a street vacation o an unused portion of Newcombe,Stree~ north of 44th Ave., and a combined preliminary and final. subdivision-plat PURPOSE: Construction of 12 duplexes APPROXIMATE AREA: 3.1 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 appr/oval/~of ,this request? Please reply to: !<%>~~~tX• M. Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) Adjacent City ( ) X3Y=public _ S ervi-c a =:.Co . XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 May 21, 1993 XX American-Cable Vision Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office. XX Wheat Ridge Police Dept. (2)XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division ca ,;.. ,,,, ~r r„,.„~ m Public Service° Public Service Company of Colorado 2701 W. 7th Avenue Denver, CO 80204-4714 May 27, 1993 THE CITY OF WHEAT RIDGE DEPT. OF COMMUNITY DEVELOPMENT 7500 W. 29th Avenue PO Box 638 WHEAT RIDGE, CO 80034-0638 CASE NO: WZ-93-6/R & J Associates This Department of Public Service Company of Colorado approves this action with the following special conditions. That reservations be made for the continued operation and maintenance of the electric distribution facilities located within the proposed vacation. Tony Wilco Right of Way Agent -- Distribution Right of Way TW:lm fm.tony.lm CITY QF WHEAT RIDGE JUN 0 2 1993 '~ PLANNING & DEVELOPMENT 21-3-69 2107-162 • N VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 June 1, 1993 Meredith Reckert City of Wheat Ridge P.O. Box 638 Wheat Ridge, CO 80034 Dear Meredith: In reference to Case No. WZ-93-6 (R & J Associates), 10800 W. 45th Avenue; Valley Water District has reviewed the pro- posed development and also we have discussed the need for an additional water mainline extension and fire hydrants for the project with Richard Todd. and Cliff McRissack. If you have any questions, please call me at 424-9661. S~i~n/cere'l~y,/p Robert Arnold District Manager EITY OF ~WHE,4T 17iDGE .7UN 0 3 1993 ~~U PLANNING & DEVELOPMENT • i Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3-D ARVADA, COLORADO 80009 Telephone (303) 425-0850-FAX (303) 422-4569 June 1, 1993 Ms. Meredith Reckert Wheat Ridge Department of Community Development 7500 W. 29th Ave. P.O. Box 638 Wheat Ridge, CO. 80034 RE: R & J Associates _- 10800 W. 4,~th Ave. Dear Meredith, CITY OF WHEAT RIDGE 1 ~ 2Il!1!_1_R JUN 04 1993 4 _ f ` ~~~ PLANNING & UEVEL0PMEN7 We have reviewed this site plan and have the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 1, 7900 W. 57th Ave. 2. All-weather fire dept, access roadways, minimum of 20 feet of unobstructed width, capable of supporting imposed loads of fire apparatus need to be installed prior to above grade construction. UFC 91 10.204(a),(b). 3. Water lines and fire hydrants need to be installed, operational and capable of providing required fire flows prior to above grade construction. UFC 91 10.401, 402. 4. Hydrant locations are to be approved by the Valley Water Dist. and the Fire Marshal's Office. UFC 88 10.301(a). 5. Street signs temporary or permanent need to be installed prior to above grade construction. UFC 91 301(b). - Sincerely, Arvada Fire Protection District. ~e~S~igl er Deputy FireY ~e pre Op~~ `OV NTY pVeC r R-1 c a s m n C i .~ o o~ ^ C~COfl P~ JEFFERSON COUNTY PUBLIC SCHOOLS 1829 DENVER WEST DRIVE / BUILDING 27 / GOLDEN, COLORADO 80401 / (303? 273-6600 Meredith Reckert Department of Planning & Development City of Wheat Ridge 7500. W. 29th P_vernze Wheat Ridge, CO 80034-0638 June 7, 1993 Dear Ms Reckert: The School District would recommend approval of the plan and we anticipate entering into a Sale and Purchase contract with the developer to sell this portion of the property. Sincerely, ~~~y ~'-G7~~yy Kathy A. Tully Property Management Business Services CITY OF WHEAT RlD~"= 1N.L~,~.!1.ll JUN 0 9 1993 "i Z„ PLANNING & PLANNING COMMENTS JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1 PLANNING SERVICES DIVISION EDUCATIONAL SERVICES CENTER 1829 DENVER WEST DRIVE GOLDEN, COLORADO 80401 SUBDIVISION NAME: Fruitdale Patio Homes LOCATION: 10800 W. 45th Avenue DATE: June 7, 1993 AREA: 0381 STATUS: Rezoning, Vacation, PP, FP Number and Type of Dwelling Units: 12 SFA Total Dwelling Elementary Junior Senior Total Units Yields Xields Yields Yields 12 SFA .34 TOTAL FROM THIS PROPOSAL: .14 .12 .60 4 Elementary 2 Middle School 1 Senior High 7 Total It is estimated that costs to provide classroom facilities for the students anticipated from this proposed development will be $69,941. Currently students from this proposed development will attend: Kullerstrand Elementary School - 12225 W 38th Av, Wheat Ridge 80033 Everitt Middle School - 3900 Kipling St, Wheat Ridge 80033 Wheat Ridge Senior High School - 9505 W 32nd Av, Wheat Ridge 80033 The present capacities and enrollments for these schools are: CAPACITY DESIGN PROGRAM TEMP. TOTAL Kullerstrand 351 Everitt 875 Wheat Ridge 1458 As of 10/1/93 351 754 1409 4 459 0 875 4 1555 ENROLLMENT Projected .1994 199.5_ Kullerstrand 350 351 362 Everitt 739 735 753 Wheat Ridge 1387 1430 1477 Page 2 Comments Fruitdale Patio Homes, Rezoning, Vacation, PP, FP NOTE: These are estimates from School District computations. They are subject to change and are for planning purposes only. SCHOOL DISTRICT PLANNING COMMENTS: Kullerstrand Elementary and Wheat Ridge Senior High are currently using four temporary classrooms. Based upon projections from this development and subdivisions in this area which have been approved or are pending approval, school capacities are currently inadequate to serve the anticipated student population from this proposal. The recent passage of the Bond Issue on October 6, 1992, will provide a five classroom addition at Kullerstrand Elementary, an addition to Wheat Ridge Senior and various improvement projects at all three schools at a cost of $9,024,200 for this area. Kathy A. Tully, Property Management/Planning Services /jp - - - - xc: Wayne Carle Bob Sparks Nannette Colaizzi Dick Ransom Dave Hendrickson SUBDIVISION CONTACT RECORD CONTACT NUMBER :J_ DATE: J.'JT.tn:rr ,199 SUBDIVISION NAME j=rzu'~S~J,_~j~~-~r ~omrS ENGINEER: NAME: LU; ~)Fy (y~cl(; tiSAC PHONE: ~f2.~-.3,-io(S CITY REPRESENTATIVE REMARKS: t,~rj: ~ ENGINEER REPRESENTATIVE ~`~~ ~~F>~,'d~~) REMARKS: ScstJ AQn~~rj t~' 11 CtR,u s,;,t;~ 2 /54'~ How contact made: person phone letter REPRESENTATIVE: City: Callback_1 Date:'~~L•93 Remark:S,~'~CfJti,,. Callech i ~-I~ h:>i vS~lx~~ Callback_2_Date: Remark: Callback_3_Date: Remark: Callback_4_Date: Remark: _ Callback 5_Date: Remark: _ Callback_6,_Date: .Remark:. _ ^ MEMORANDUM • T0: STEVE FROM. CHUCK DATE: June 1, 1443 SUBJECT: FRUITDALE PATIO HOMES Upon first review, I find the folowing problems: 1. the legal description doesn't close. 2. legal description on sheet 1 of 2 doesn't agree with drawing on sheet 2 of 2. (neither ofi' which close). 3. on drawing labled PLAT-P.DWG, the word PROPOSED is used a lot and is not appropriate. ~. it has been suggested that Owens street adjacent 'to this subdivision be vacated. If you have any questions feel free to ask. Field Traverse Pt # Northing Easting' Function~^ Angley~ Bearing~~ V YDistanceM~ __-1 19266.4713 27219.09a~~~° ___ ____________ Traverse ~NE •89.3115 •679,01 2 19272.15 27898.08 Traverse •SE •0.1603 686.87 3 18585.29 27901.28 Traverse •NW •89 4652 •190 92 4 18586.02 27710.36 Traverse 5 18860.99 27708.88 Traverse 6 18861.64 27539.33 7 18586.66 27540.82 8 18587.12.. 27420.72 9 18818.12. 27~i19.47 10 18818..87 27221.47 11 18818._90__.27122.47 12 19139.53 27120.74 13 14 15 19139.95 27090.77 Traverse Traverse Traverse Traverse Traverse Traverse Traverse Traverse 19254.95 27090.26 Traverse 19253.13 27218.95 NW •0.1835 NW 89.4652 SE •0.1835 !VG! •89,4652 •iVW •0,1835 •NW •89.4652 ~NW 89.5916 NW •0.1835 •NW •89,1155 'NW •0,1516 ~8E '89.1124 274,98 •169.55 •274.98 -120 .10 231.00 198.00 •99.00 320.64. •29.97 115.00 128.70 Traverse SSE •1.0536 16.15 16 19236.98 27219.25 Traversed area is 417577 square fleet or 9.59 acres, Close & Adjust Pt # Northing Easting Function Angle Bearing Distance 16 19236.98 27219,25 Closure NW 0.1904 29./+9 (Close & Adjust 'iDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDLiDDDDDDDDDDDDDDDDDDDI]DDDDDDDDDDIiDDDDDDDDDD Pt # Northing Easting Function Angle Bearing Distance DDDDDDDDDDDDDDDDDDDDDDDDDDDL>DDDDDIJDDDT>DDC>DDDDDDDDDDDDDDDC~DL>DDDDDDDDDDDDDPDDDDDDD 1b 1923b,98 27219.25 ;upon 19266.47 27219.09 Closure NW 0.1904 29.49 Precision = 1:120 Angular error = 0,0000 (Did you enter a closing angle?) Surveysoft Surve i S f ~ y ng o t e Copyright 1986 b y G_D. Fleming & Co. Inc. Field Traverse Pt # Northing Easting .Function Angle Bearing Distance 1 19266.47 27219.09 ----- -----~----- 2 19272.15 27898.07 Traverse NE• 89.3115• 679.01• 3 18585.29 27901.28 Traverse SE• 0.1603. 686.87• 4 18586.02 27710.36 Traverse NW• 89.4652• 190.92 5 18860.99 27708.87 Traverse NW 0.1835'• 274.98• Traverse NW• 89.4652• 169 55• b 18861.b4 27539.33 . Traverse SE' 0.1835• 274 98 7 18586.66 27540.81 . Traverse NW- 89.4652- 120 10• 8 18587.12 27420.71 . Traverse NW - 0.1835• 213 10 9 18800.22 27419.56 . Traverse NW• 89.4652• 198 00 10 18800.98 27221.56 . . - Traverse NW• 89.5916• 99 00• 11 18801.00 27122.5b . Traverse NW• 0.1835• 320.64• 12 19121.63- 27120-.83 Traverse NW• 89.1155• 29.97 13 19122.05 27090.86 , Traverse NW• 0.1516- 115 00• 14 19237.05 27090.35 . Traverse SE• 89.1124• 228.70• 15 19235.23 27219.04 Traverse SE• 1.0536 16.15 16 19219.08 27219.35 raversed area is 421120 square feet or 9.b7 acres. lose & Adjust ------ t # °------_ Northing __________ Easting _________~=_____________ Function Angle °____=====9===-- Bearin -------- Distance 16 19219.08 27219.35 Closure NW 0.1853 47.39 1' ~~ C~esu~E '500 WEST 29TH AVENUE P.O. BOX 638 ThB Clfy Of WHEAT RIDGE. CO.80034-0638 - (3031 234.5900 cWheat City Admin. Fax ~ 234.5924 Police Dept. Fax # 235-2949 ~Rldge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning £rom A-1 to R-2, a partial street vacation May 21, 1993 ac cne property described below. Your response to the following questions and any comments on this proposal would be appreciated by Tune 4, 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-E/R & J Associates LOCATION: 10800 West 45th Avenue REQUESTED ACTION: A proval of a rezoning from A-1 to R-2 a street vacation o~ an unused portion of Newcombe Street ngr~h of 44th Ave., and a combined preliminary and final subdivision plat PURPOSE: Construction of 12 duplexes APPROXIMATE AREA: 3.1 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? ~/!9 YES NO If "NO",-please explain below. 3. Do you have adequate capacities to service the development? YES _NO If_"NO", please explain below. ~- C~~ ' 4. Can and will your agency service this proposed development subject to your x~}Ies 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: ~<=,u-,~E~C.~. M. Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) 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 XX American Cable Vision Jefferson Co. Health Dept. XX Jefferson. Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. (2)XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division tJ h'.. ,. i~~N'eixm ` -500 WES'S 2PTf-V AVENUE P.O. 80X 638 ThB C!(ji Of WHEAT RIDGE, CO 80034-0638 13031 234-59D0 cwheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge May 21, 1993 The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from A-1 to_R-2, a partial street vacation a~ ~uC,yroperzy described below. Your response to the following questions and any comments on this proposal would be appreciated by ,Tune 4, 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-93-6/R & J Associates LOCATION: 10800 West 45th Avenue REQUESTED ACTION: A~proval of a rezoning from A-1 to R-2 a street vacation o an unused portion of Newcombe Street Qri<.h,of 44th Ave., and a combined preliminary and final subdivision plat PURPOSE: Construction of 12 duplexes APPROXIMATE AREA: 3.1 acres I_ Are pub is facilities or services provided by your agency adequate to serve~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~Yiave adequate capacities to service the development? YES ~/ NO If "NQ",-please explain below. 4. Can and'will your agency service this proposed development subject to your r,~iles 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: /<%,~-~K.Q:c~C, ~~ M. Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) 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 XX American Cable Vision Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat--Ridge Police Dept. (2)XX Wheat Ridge Public Works t. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division C~ r., .~~~nr.„~~~, 7500 WEST 29TH AV EPIUE P.o. eox s3s _ -_ The City of WHEAT RIDGE. CO 80034-Ofi38. -__ ~ - (303) 234-5900 cwheat City Admin. Fax ~ 234-5924 _. Police Dept. Fax ~ 235-2949 ~Rldge June 17, 1993 Mr. Richard Todd R & J Associates Partnership 8600 Ralston Road Arvada CO 80002 Dear Mr. Todd: This letter is in regard to your submittal for rezoning and subdivision of the Fruitdale Patio Homes on West 45th Avenue. I have reviewed your submittal and have the following comments: Preliminary B1at: 1. Zoning of the unplatted property on the west must be added. (R-3 on northern part & C-1 on the south) 2. Does any of the church structure encroach on Lot 16? If so, it must be shown. 3.' Lot 15 must be adjusted so the school building does not-cross the lot line. Fin Plat: 1. There are apparent legal description problems which need to be corrected. I believe someone from your office has been in touch with Chuck Braden regarding these problems. 2. A surveyor's statement regarding use of the bearings needs to be added. 3. A statement regarding flood plain status must be added. This property is in the 100-500 year flood plain. 4. Tentative addresses for the properties must be added. I can supply those to you at a later date. 5. Five-foot utility easements must be added to the side lot lines. 6. West 45th Avenue needs to be noted as "dedicated by separate document recorded at ". 7. The ditch easement across the property needs to be shown. A signature block for the ditch company should be added to the face of the plat. ~~ i,-„„ed r,~~„ Mr. Richard Todd June 17, 1993 Page 2 8. A legal description needs to be created for the vacation of Owens Street. 9. A legal description needs to be created for the vacation of Newcombe/Nelson Street with a pedestrian/utility easement reserved over the western 20 feet. 10. Newcombe/Nelson need to be designated as "vacated by separate document recorded at Attached please find comments received from outside agencies. Of particular concern, is Bob Goebel's memorandum dated June 16, 1993. - If you have questions concerning any of the above, do not hesitate to contact me at 235-2848. Sincerely, ~~-~,c~~ ,ti cc~ee-z~ ~,-- Meredith Reckert Planner MR:slw attachments cc: Cliff McKissack Willey/McKissack ENGINEERING SURVEYING CONSTRUCTION MANAGEMENT WILLEY McKISSACK June 30,.1993 City of Wheat Ridge .Planning and Zoning 7500 W_ 29th Avenue Wheat Ridge, Co 80034 Attn: Meredith c~rr aF w~~~' } JUN 3 0 1993 L_ _a J 1, V ~I-A~!~d' ~ ~'' ' ~'^'' Re: Fruitdale Patio Homes Ovlette Ditch Easement Dear Meredith: UNIT 3 5151 WARD ROAD WHEAT RIDGE, CO 80033 PHONE 303 423-3300 FAX 303 420-4391 At your request, I have spoken to Ben Brown, president of the Ovlette Ditch Company. He informed me that neither water rights or ditch exist across this property any longer. The nearest ditch is approximately 3 to 4 blocks to.the east of this property. Therefor, the Ovlette Ditch Company no longer needs an easement across this property. If you have any questions or information, please give me a call. Sincerely: J. C ord McKissack Will /McKissack, Inc. need any additional HOMEHU1IDERS ASSOCIATION Of MEtRO DE.VVE0. 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 July 15, 1993 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. Case No WV-93- An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of a portion of Jay Street between West 35th Avenue and Kendall Street. Said property is legally described as follows: A parcel of land in the Northwest 1/4 of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado described as: Commencing at the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 25, said corner being the TRUE DINT OF B GINNING Thence S 89047'35" W along the North line of said NW 1/4 SE 1/4 NW 1/4 a distance of 20 feet. Thence S 0020'34"E parallel with and 20 feet West of the east line of said NW 1/4 SE 1/4 NW 1/4 a distance of 142.61 feet, thence N 33°53'30" E a distance of 35.55 feet to a point in the East line of said NW 1/4 SE 1/4 NW 1/4 a distance of 113.18 feet to the TRUE POINT QE BEGINNING EXCEPT THE NORTH 25 FEET THEREOF. Said parcel being 2050 square feet, more or less. A parcel of land in the Northwest 1/4 of Section 25, Township 3 South. Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado described as: Commencing at the Northwest corner of the Northeast 1/4 of .the Southeast 1/4 of the Northwest 1/4 of said Section 25, said corner being the TRUE POINT OF BEGINNING. Thence N 89047'35" E along the North line of said NE 1/4 SE 1/4 NW 1/4 a distance of 20 feet. Thence S 0°20'34" E parallel with and 20 feet East of the West line o£ said NE 1/4 SE 1/4 NW 1/4 a distance of 83.74 feet, thence S 33053'30" W a distance of 35.55 feet to a point on the West line of said NE 1/4 SE 1/4 NW 1/4 a distance of 113.18 feet to the TRUE POINT OF BEGINNING. EXCEPT THE NORTH 25 FEET THEREOF. Said parcel being 1470 square feet, more or less. 2. Case No MS-93-1• An application by Roy T. Littlejohn for approval of a two~lot minor subdivision for property located at 3490 Jay Street. Said property is legally described as follows: West 118 feet of Block 4 Highland Gardens, County of Jefferson State of Colorado 3. Cs3se No ~+IZ-A-~=6+. An application by R & J Associates for approval o£ a rezoning from Agricultural-One to Residential- Two for property located at approximately 10800 west 45th Avenue. Said property is legally described as follows: A parcel of land situated in the North 1/2 Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. Said parcel being more particularly described as follows: Beginning at the North center 1/16 corner of said Section 21; Thence S33o40'21"W, 177.19 feet to the True Point of Beginning; Thence S87o07'21"E, 202.64 feet; Thence N89o31'15"E, 94.66 feet; Thence SOOo18'35"E, 119.50 feet; Thence S89°31'15"W, 296.99 feet; Thence NOOo18'35"W, 131.36 feet to the True Point of-Beginning. Said parcel containing 0.8423 acres, more or less. 4. Case No. wS-9 -1•. An application by R & J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 10800 West 45th Avenue. Said property is legally described as follows: Beginning at the North center 1/16 corner of said Section 21, whence the northeast corner of said Section 21 bears N63o03'38"E, 2975.12 feet; Thence N89o31'15"E, on the North line of the North half of the Northeast quarter of said Section 21, 679.01 feet to the Northwest corner of Marlin Subdivision as recorded in Book 15, Page 55; Thence SOOo16'03"E, on the West boundary line of said Marlin Subdivision, 686.87 feet to the North right-of-way line of west 44th Avenue as recorded in Deed Reception Number 86049891; Thence N89o46'52"W, on said North right-of-way, 190.92 feet to the Southwest corner of that tract of land recorded in Book 1096, Page 73, Reception Number 702068; Thence NOOo18'35"W on the Westerly boundary line of said tract, 274.98 feet to the Southwesterly corner of said tract; Thence N89°46'52"W along the Southerly boundary line of said tract, 169.55 feet to a point 20 feet East of the East boundary line of .a tract of land recorded in Book 947, Page 50; Thence S00°18'35"E parallel to the East line of said Tract, 274.98 Feet to the North right-of-way line of West 44th Avenue as recorded in Deed Reception Number 86049897; Thence N89o46'52"W on said North right-of-way line, 120.10 feet to the Southwest corner of said tract of land recorded in Book 947, Page 50; .,., Thence NOOo18'35"W on the West boundary line o£ said tract, 213.10 feet to the Southeast corner of that tract of land recorded in Book 458, Page 249, Reception Number 360432; Thence N89o46'S2"W on the South boundary line of said tract, 198.00 feet to the Southwest corner of said tract, Thence N89o59'i6"W on the South boundary of a tract of land recorded in Book 759, Page 289, Reception Number 523705, 99.00 feet to the Southwest corner of said Tract; Thence NOOo18'35"W along the west boundary line of said tract, 320.64 feet to the North right-of-way line of West 45th Avenue as recorded in Book 777, Page 342; Thence N89o11'55"W, on said right-of-way line, 29.97 feet to the Southwest corner of that tract of land recorded in Deed Reception Number 78051735; Thence OOo15'16"W on the West boundary line of said tract, 115.00 feet to the Northwest corner of said tract; Thence S89o11'24"E on the North boundary line of said tract, 128.70 feet to the Northeast corner of said tract; Thence SOlo05'36"E on the East boundary line of said tract, 16.15 feet to the Point of Beginning. Said real property containing 9.47 acres, more or less. 5. Case No WV 3 10• An application-initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Said property is legally described as follows: A parcel of land situated in the Southeast 1/4 of the Northwest 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: Commencing at the Southeast corner of said Southeast 1/4 thence; NOo18'35"W along the East line of said Southeast 1/4 a distance of 1212.31 feet; thence S89°41!25"W a distance of 99 feet to the True Point of Beginning, thence; SOo18'35"E a distance of 77 feet thence; S89o41'25"W a distance of 40 feet thence; NOo18'35"W a distance of 77 feet thence; N89o41'25"E a distance of 40 feet to the True Point of Beginning. Said parcel contains 30 0 square feet more or less. i Sandra Wiggins, S c tary ATTEST: Wanda Sang, City Clerk To be Published: June 29, 1993 Wheat Ridge Sentinel <pc>pnwv935/ms931/wz936/ws931/wv9310 '566 WEST 29TH AVENUE P.o. eox sss- The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~V6~heat City Admin. Fax#234-5924 Police Dept. Fax~235-2949 ~Rldge June 30, 1993 This is to inform you that Case No. WZ-93-6/WS-93-~ which is a ~c- request for approval of a rezoning from A-1 and R-2 to R-2 and for approval of a combined preliminary and final 16 lot subdivision plat for property located at 10800 West 45th Avenue will be heard by the Wheat Ridge Plannina Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on July 15, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Plannina Commission . 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 'g iJ ,,,. ,, :. i 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 a ' ;~ . :~~~: ~ - ~ ~~ .m AGDOjN E PIERSON ST. PIERSON i f v ~ s,~~ ~a I `.~ ; m l ' - - "' pA FEAT 9T -- [^ y _ ~'J .C ~~ '~ ., OINE SPAR •~ ~ Cl~ ~. -ousST C ~~ - oo y,,, - . 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Addressee's Address ~ ) _ (ONLY if requested and fee pa/d.), ~. ~- i ignature (Agent) , _ . ., PS Form 3811, November -1990 j E DOMESTIC RETURN RECEIPT ~~ t I, f~~TtE 81~'f and/a'PTO(~Itl01NT-aeNlCe'~~~~~~"-~~~-~ k -. t~ .'.~ .' .* '~- ,-" v • Coaglete Items $ and da 8 b. '-~ unv w rt vTV..cT•o. am.~- • Print your nacre and address on dre:reeerse of this form so that we can return Nis card followmg servicgs (for an extra i M ` ach this farm to the Iront d the mailpkce, or on the back ifs ce does not ~• ~ Addressee's Addctts' I • Write "Return Receipt Requested"on the mailpiece below the artiGe n cen"it • umber. I The Retwn Receipt Fee will provide you the signature of the 2. ^ Restricted DeIIV - - dat of delive parson delivered tp and the '~~ 3. Article Addressed t0. - - Copsult_pOStmaster f ° ' , _ _ _, 4a Article Number ~`~ ~ ~6tia1$ & K~r~rt Saatt . !?. 913 6 6 7 ~ E ~ .. _ ~ ~ 8~/Q - . , 4b. Service Type ~ ~ ., . .,: , .. , d Wh~9t Ritig6A CO $0033 ' .. ~ CERTIFIED , ` ( '-'Tt@d ''~WZ-93-6/€7593-1_ ~253..aT'sR_~: A_ . - - - i ' ~ 7. Date of Delivery- ~ ;~~~~ -~'-~~ ~ ~, ' ~ _ -.•-- .. _ - 5. Sign ur - (Addressee .. ~ •_,._.,_,~]_ ~~~ .,.! ~ ~ . - - w .. .. .. _ - 8. 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L" i_ J 3 p m k W CA Y a ~ w ... i v _ ' Y L Jl~' I ` i,_ ` V p _ - _ O v ~ N ~ p ~ < ~ . ~ O ~ ~~ m ._~ ~ ~ :~ m u- o Q ~. ~~ : • CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared~•,,~July 7, 1993 Date of Meeting: July 15, 1993 Case Manager:t"Meredith Reckert Case No. & Name: WZ-93-6 & WS-93-1/R & J ASSOCIATES Action Requested: Rezone from Agricultural-One and Residential- Three to Residential-Two and approval of a 16- lot subdivision plat Location of Request: 10800 W. 45th Avenue Name & Address of Applicant(s): R & J Associates 8600 Ralston Road Arvada, CO 80002 Name & Address of Owner(s): Jefferson County R-1 Schools Fruitdale Baptist Church 1829 Denver West Drive 10555 W. 44th Avenue Golden, CO 80401 Wheat Ridge, CO 80033 R & J Associates 8600 Ralston Road Arvada, CO 80002 Approximate Area: 9.47 acres Present Zoning: R-3, R-2, and A-1 Present Land Use: Vacant, day care, church Surrounding Zoning: See staff report Surrounding Land Use: Low density residential, commercial Comprehensive Plan for the Area: Low density residential ----------------------------------------------------------------- Date Published: June 29, 1993 Date to be Posted: July 1, 1993 Date Legal Notices Sent: June 30, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides- (XX) Subdivision Regulations (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. -~ WHEAT RIDGE PLANNING COMMISSION Page 2 CASE NOS. WZ-93-6 & WS-93-1 I. REQUEST The applicant requests approval of a rezoning from Agricultural- One and Residential-Three to Residential-Two and for approval of a 16-lot preliminary and final subdivision plat. There are .three property owners involved in this case: R & J Associates, Fruitdale Baptist Church and Jefferson County R-1 School District. The developer, R & J Associates, intends on building 28 duplex units along the northern portion of the property. In order to make the project viable, the developer is purchasing the northern parts of the school and church properties. This land will then be subdivided into 14 duplex lots. A separate motion will be required for each action. I2. REZONING A small part of the school property has R-3 and A-1 zoning. See attached Exhibit 'A'. In order to facilitate construction on proposed Lots 8, 9 and 10, a rezoning to R-2 is necessary. This equates to an area of 300' x 130`. The property being rezoned is currently vacant. Staff has the following comments regarding the criteria used to evaluate a change of zone: 1. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area; The Comprehensive Plan classifies this area as low density residential. on the edge of a public/semi-public designation on the south. Staff concludes that-the rezoning to R-2 would meet this low-density residential designation. Once again, on the Fruitdale Valley Master Plan-Map this area is shown as low density residential with public and neighborhood commercial to the south. At roughly 6 units per acre, this development-would meet the low density classification (1-7 units per acre). West 45th Avenue is being shown as a bikeway on the Future Land Use Map. Because of this, the sidewalk along the south side of 45th will be constructed to be 8' wide to tie into the pedestrian easement to the south across the school property. See discussion under Section III. West 45th Avenue to the east and west are not built to meet the bikeway street section. WHEAT RIDGE PLANNING COMMISSION Page 3 CASE NOS. WZ-93-6 & WS-93-1 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Zoning surrounding the immediate area is R-3 to the west, C-1 and A-1 to the south and R-2 to the north and east. Adjacent land use includes vacant land to the north and east, vacant school property to the south and a multi- family development and duplexes to the west. Staff concludes that the proposed rezoning is consistent with surrounding zoning. Further, the A-1 land would not be developable because it would be only 26,000 square feet in size where a one-acre minimum is required. The R-3 portion is roughly 100' x 130' which would accommodate a six-unit apartment building. Staff concludes that the rezoning would unify zoning and development on the property. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits derived from sales tax generated by the new residents and increased property tax from the developed property.. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can serve with certain improvements. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reducing light and air to adjacent properties. The general health, safety and welfare of the area should not be negatively affected by the rezoning and subdivision as better fire protection will be provided with the extension of W. 45th Avenue. At this time, the applicants' engineers are still in the process of designing the drainage for the proposed subdivision system (i.e., storm sewer versus dry wells), however, as indicated in Bob Goebel's June 16 memo included as Exhibit 'B', either system will work and will improve drainage in the area. The proposal should not substantially reduce the amount of light and air for adjacent properties. WHEAT RIDGE PLANNING COMMISSION Page 4 CASE NOS. WZ-93-6 & WS-93-1 6. That the property cannot reasonably be developed under the existing zoning conditions. The R-3 portion could be developed into a 6-unit multi- - family development based solely on lot size. The A-1 piece could not be developed as it is substandard in lot area, however, it could be used as parking for the 6-unit -- building. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there is existing R-2 zoned land directly to the north and east of the subject property. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is a void in the market for affordable duplex sites such as is being proposed. Staff concludes that the proposed zone change is in conformance with the low density designation on the Comprehensive Plan and that it is generally consistent with adjacent zoning and land use. Although there is not direct benefit from the rezoning, there should be spin-off benefits based on increased sales tax revenues from the new residents in the area. III.- SUBDIVISION DESIGN In order to transfer title of the northern part of-the school and church property to the developer, these parcels are required to be included in the subdivision plat. As such, the proposed preliminary and final plats show a total of 16 lots. The preliminary plat shows encroachments of both the school and church buildings on to Lots 15 and 16 and because o£ this, staff suggested that these lot lines be adjusted to eliminate the encroachments. The owners chose not to do this as they are only following existing deed lines. At the time of this writing; Lots 15 and 16 will remain under the ownership of Jefferson County Schools and the Fruitdale Baptist Church, respectively. A 20' wide easement crosses the church and school property along the common property line of Lots 15 and 16. The easement is being dedicated for utilities and pedestrian access. It needs to be designated as such on the final plat. A 20' wide utility easement crosses Lot 16. This easement needs to be added to the final plat. s • WHEAT RIDGE PLANNING COMMISSION Page 5 CASE NOS. WZ-93-6 & WS-93-1 In regard to the duplex development shown on the north side of the plat, all 14 lots meet or exceed the minimum requirements for duplex development in the R-2 zone district: West 45th Avenue is being dedicated as a full-width public street. However, since W. 45th Avenue is a designated bikeway, it needs to be reflected to show an 8' wide bikeway along the south side of the street. -The bikeway will tie into the pedestrian easement running south. All other requirements of the Subdivision Regulations have been met. 222. NEIGHBORHOOD REFERRAL A meeting for neighborhood input was held on June 3, 1993, at 7:00 P.M. Those attending were as follows: Meredith Reckert Richard Todd Bill Heffington Yolanda Gray Leanne McCoy Dale Jones Greg & Rebecca Marquardt Ron & Karen Scot Polly Pinkston Nikki Farley Glenn Manes Carole Shultz 7500 W. 29th Avenue 8600 Ralston Road 5151 Ward Road 10505 W. 45th Avenue 10495 W. 45th Avenue 4485 Moore Court 10530 W. 45th Avenue 10620 W. 46th Avenue 10630 W. 46th Avenue 10565 W. 45th Avenue 10770 W. 46th Avenue 10535 W. 45th Avenue Areas of concern included drainage and the fact there are no storm sewers in the area, traffic on W. 45th Avenue and the quality and type of construction proposed. Included under Exhibit 'C' are comments submitted regarding the proposal. IV. AGENCY REFERRALS All agencies can serve the property with required improvements. Valley water will require a mainline extension.- Arvada Fire District will require the installation of at least one hydrant. Parks and Recreation Commission will require $75.00 per unit. Public Works has concluded that Nelson Street running-north from W. 44th Avenue is not a dedicated right-of-way, but will require a 20' access, utility and pedestrian easement. They have indicated that either construction of a storm sewer line to 44th Avenue or construction of dry wells will. provide adequate C~ WHEAT RIDGE PLANNING COMMISSION Page 6 CASE NOS. WZ-93-6 & WS-93-1 drainage for the property. Please refer to Exhibit 'A'. The preliminary plat must be revised to show a bikeline/sidewalk along the south side of W. 45th Avenue. VI. STAFF CONCLUSIONS AND RECOMMENDATION In regard to the rezoning, staff concludes that the proposal is generally in conformance with the Comprehensive Plan and the Fruitdale Valley Master Plan and that it is consistent with adjacent zoning and land use. Staff concludes that all requirements of the Subdivision Regulations have been met. For these reasons a recommendation of APPROVAL is given for Case Nos. WZ-93-6 and WS-93-1 with the following conditions-: 1. On the preliminary plat, the current zoning be corrected to read "R-3, A-1 and R-2". 2. On the preliminary plat, the street construction improvements be changed to show a bikeway lane or wider sidewalk along the south side of W. 45th Avenue. 3. On the final plat, the 20' wide easement across Lots 15 and 16 be designated as "utility acid pedestrian access" easement. 4. On the final plat, the 20' wide utility easement across Lot 16 be shown. 5. That the pedestrian access within the 20' easement be constructed with all other public improvements. VII. RECOMMENDED MOTIONS REZONING Option 'A': "I move that Case No. WZ-93-6, a request for rezoning for property located at approximately 10800 W. 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be approved for the following reasons: 1. It is in conformance with the designations on-the Fruitdale Valley Master-Plan and Comprehensive Development Plan. 2. It is consistent with the adjacent zoning and land use. 3. Staff recommends approval." Option 'B'; "I move that Case No. WZ-93-6, a request for rezoning for property located at approximately 10500 W. 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be denied for the following reasons: 1. 2. 3. WHEAT RIDGE PLANNING COMMISSION Page 7 CASE NOS. WZ-93-6 & ws-93-1 SUBDIVISION PLAT Option 'A': I move that Case No. WS-93-1, a request for approval of a 16-lot combined preliminary and final subdivision plat for property located-10800 W. 45th Avenue, be approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. Staff recommends approval. With the following conditions: 1. On the preliminary plat, the current zoning be corrected to read "R-3, A-1 and R-2". 2. On the preliminary plat, the street construction improvements be changed to show a bikeway lane or wider sidewalk along the south side of W. 45th Avenue. 3. On the final plat, the 20' wide easement across Lots 15 and 16 be designated as "utility and pedestrian access" easement. 4. On the final plat, the 20' wide utility easement across Lot 16 be shown. 5. That the pedestrian access within the 20' easement be constructed with all other public improvements." Option 'B': I move that Case No. WS-93-1, a request for approval of a 16-lot combined preliminary and final subdivision plat for property located 10800 W. 45th Avenue, be denied for the following reasons: 1. 2. 3. " PUBLIC HEARING SPEAKERS' LIST CASE N0: Wz_g3-6• DATE: Julv 15 1993 REQUEST: An application by R & J Associates £or approval of a rezoning from Agricultural-One to Residential-Two for property located at approximately 10800 West 45th Avenue. This case will be heard with Case No, wS-93~-1. ~ _.. i Position On Request; ~ (Please Check) ; i SPE K.ER'S N!„(,M~~& ADDRESS (PLEASE PRINT) ~ i IN FAVOR ~ OPPOSED ~ - ~o sew Y~~~U~ K~'C~ ~-~ L~ lU~gB ~• Y6'1~-~ i ' I~ d //r/ ~i' ~r ,fit fd~ /~~ ~ ~J /'~r~J~ ~ _ ~ { ' ~-~ ' r ~ ~ 1 f` i ~ _. s'6S /,../ ~S~ StvE , _~ :~ t -. ~' l( v~ ,. .^ ..n ~ ~ ', si i ,~ _~. ~ 'I v I i ., :,~ r - ~r • i I _, Planning Commission Minutes Page 2 July 15, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Ms. Reckert noted that applicants had requested continuance for Cases No. WV-93-5 and MS-93-1 and she requested same to a date specific. A date of August 12 was recommended. In addition, Ms. Reckert requested that Cases WZ-93-6 and WS-93-1 be heard prior to Case No. WV-93-10. Commissioner JOHNSON moved that those changes be made to the agenda. Commissioner ECKHARDT seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES Commissioner OWENS moved to approve the minutes for the meeting of June 17, 1993 as printed. Commissioner QUALTERI seconded the motion. Motion carried 5-0. At 7:35 p.m., Commissioner CERVENY entered the meeting and took his seat. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one signed the roster, nor was present to speak under this topic. 7. PUBLIC HEARING 1. Case No. WZ-93-6: An application by R & J Associates for approval of a rezoning from Agricultural-One and Residential-Three to Residential-Two for property located at approximately 10800 West 45th Avenue. Meredith Reckert presented the staff report, which included slides of the property. Entered and accepted were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file and packet materials and exhibits. Commissioner CERVENY noted that the indicated bike path called for eight-foot sidewalks. Ms. Reckert stated that is what is being shown on the Comprehensive Plan. She added that since West 45th Avenue both East and West of the proposed development are not constructed that way. Signage showing "designated bikeway" might help. Commissioner CERVENY mentioned that bikers prefer the path on the street. Planning Commission Minutes July 15, 1993 Page 3 Commissioner ECKHARDT suggested that the two questions before the Commission (rezoning and subdivision) be discussed and voted upon separately. Consensus was achieved on that suggestion. Commissioner QUALTERI asked if it was possible for the rezoning to take place without participation from Fruitdale School/Baptist Church? Ms. Reckert stated the Baptist Church was not affected, however, the ownership was under the school district. She noted that representatives from both were present in the audience. Commissioner CERVENY asked for an explanation about low-density housing. Ms. Reckert stated that low-density housing is from one to seven units per acre. Commissioner CERVENY asked was there regulations governing the allowed building type? Ms. Reckert stated only the subdivision proposal, however, it did not specify. Commissioner QUALTERI asked about a development at the end of 44th Place, the southeast corner. Ms. Reckert stated the development was zoned R-3 and considered. high-density. Richard Todd, 4570 Teller Street was sworn in. Mr. Todd pointed out that a substantial. portion of the property in question is currently zoned R-2. He noted that he was surprised to discover that portions of the property were zoned A-1 and R-3. Commissioner CERVENY asked Mr. Todd to briefly explain what he has planned for the development. Mr. Todd. stated he planned to build single-level, all brick ranch-style patio homes designed primarily for the empty-nester. The units would be 1600 square feet each including two bedrooms, two baths and two-car garages. Commissioner CERVENY asked if the units would be sold as individual homes? Mr. Todd stated the units would be offered for individual sale at approximately $125 to $130,000. Commissioner QUALTERI asked if Mr. Todd was representing Fruitdale School. Planning Commission Minutes Page 4 - July 15, 1993 Mr. Todd stated representatives £or the school and church were present. Chairperson LANGDON requested that since two separate issues (rezoning and subdivision) were being decided tonight, that speakers comment only on the issue before Commission at the time. Comments will be taken regarding subdivision when the subdivision is under discussion by the Commission. Rick Looez, 10755 West 46th Avenue was sworn in. He stated his concerns were regarding the proposed development, and had no problem with the rezoning. Katherine Lodgg, 10798 .West 46th Avenue was sworn in. She stated she was not opposed to the rezoning. Polly Pinkston, 1D630 West 46th Avenue was sworn in. Ms. Pinkston stated she had some confusion regarding the manner in which the case was being heard. Mr. Gidley was asked by Chairperson LANGDON to clarify. - Mr. Gidley explained the subdivision could not be approved until the property was properly zoned. Ms. Pinkston asked i£ she would have another opportunity to speak. Mr. Gidley answered that she would when the subdivision case is heard. Ms. Pinkston stated she supported the zoning. Dale Jones, 4485 Moore Court was sworn in. Mr. Jones stated he had no problem with the R-2 zoning request. Tve Shultz, 10535 West 45th Avenue was sworn in. Mr. Shultz stated he was not opposed to the R-2 zoning however, stated he preferred single-family dwellings. Mr. Gidley explained that the R-3 zoning shown in the overhead was existing zoning and the request is to down-zone to R-2 zoning. Mr_ Shultz added that he doesn't feel that duplexes are low- density housing. Mr. Gidley asked Mr. Shultz if he was aware that his home was zoned R-2. Mr. Shultz stated that he was aware of that. He wanted the neighborhood to continue as it was. Planning Commission Minutes Page 5 July 15, 1993 Mr. Gidley asked Mr. Shultz if the zoning was not approved, would he be in favor of rezoning the entire neighborhood. Mr. Shultz stated he would like to do that if the neighborhood could continue as it-was. He thought covenants could be adopted to protect the neighborhood. Commissioner CERVENY asked Mr. Gidley to explain what the restrictions are regarding R-2 zoning. Mr. Gidley stated that for two-family dwellings a 100 foot frontage and 12,500 lot area are required. If you have less than that, you allowed to build a single-family home. Mr. Shultz asked for_some clarification regarding what would be _ allowed with the R-2 zoning. Mr. Gidley stated that six dwelling units per acre are allowed, not six dwelling units per lot. That would be equivalent to duplexes being built on a minimum lot size, 12,500 square feet. Mr. Shultz felt that-the development would alter the existing _ environment in their neighborhood. Commissioner CERVENY explained the type o£ development that could be built on the property with the existing zoning. Mr. Shultz reiterated his desire for low-density housing. Commissioner CERVENY informed Mr. Shultz that currently the only area where a duplex could not be built was the area of land zoned A-1. Discussion followed. Commissioner ECKHARDT asked Ms. Reckert to point out the property owned by the school district, the church and R & J Associates. Ms. Reckert did so. Commissioner ECKHARDT verified that the land under consideration for rezoning is owned by the school district. Ms. Reckert stated that was so and confirmed that R & J Associates has an option to purchase that land from the school district. Commissioner QUALTERI asked if the property zoned R-3 and A-1 belonged to the school district? Ms. Reckert stated yes. Planning Commission Minutes Page 6 July 15, 1993 Carole S ultz, 10535 West 45th Avenue was sworn in. She stated she is not opposed to the rezoning. Mike Smith, 10565 West 45th Avenue was sworn in. Mr. Smith stated he was not opposed to the proposed zoning change, but would like to see single-family homes built. Karen Scott, 10620 West 46th Avenue was sworn in. Ms. Scott stated she was not opposed to the R-2 zoning as she preferred the duplexes to an apartment complex-type situation. Nikki Farley, 10565 West 45th Avenue was sworn in. Ms. Farley stated she had no problem with the R-2 zoning. She preferred single-family dwellings. Mr. Gidley noted that even though some individuals have spoken in favor of single-family dwellings, nearly all have agreed with the R-2 zoning, which are somewhat incompatible. He added that during neighborhood input meetings, it seemed clear that the those attending preferred the entire property be rezoned to an R- 1 classification, that a Planned Residential Development be required allowing only single-family dwellings, or that the subdivision be modified so that none of the lots would be of a size to accommodate a two-family dwellings. Commissioner QUALTERI asked that the representative from Jefferson County R-1 Schools come forward. Kathy Tully, 1829 Denver West Drive, Golden was sworn in. Ms. Tully stated she was a Real Estate Specialist for Jefferson County Schools. Commissioner QUALTERI asked if Lots 8, 9 and 10 including the area zoned R-3, had been before the board of education for approval of rezoning and sale. Ms. Tully explained how the R-1 School District became owner of Fruitdale School. She added that several school properties have multiple zonings. The school district saw an opportunity to surplus a portion of unusable school property, generate revenue- _- and put the property back on the tax rolls, yet retain the integrity of Fruitdale School and continue operate the school as a day care center. Commissioner QUALTERI asked if the board of education had rendered a decision. Ms. Tully stated the board of education had authorized the sale of the property to Mr. Todd for the development in question. Commissioner ECKHARDT inquired if the reversionary clause on a portion of the property would have a bearing. Planning Commission Minutes Page 7 July 15, 1993 Ms. Tull~r stated yes, it would. However, it has no bearing on the parcel under consideration presently. The portion of the property that contains the reversionary clause (1 acre) was not included in the amount of acreage that was being offered. -- David Sanders, 15358 West Ellsworth Drive, Golden was sworn in. Mr. Sanders was representing Fruitdale Baptist Church. Commissioner QUALTERI asked as if the existing house on Lot 16 was a rectory for the church. Mr. Sanders answered it was, and it is occupied. Commissioner QUALTERI asked if Lots 12, 13 and 14 belonged to the church. Mr. Sanders stated yes, however, they were under contract. Commissioner CERVENY asked if the plat-being presented this evening had been approved by church agents. Mr. Sanders answered yes, it had. He spoke as a member of the board of trustees and believed the proposed development was a positive step. Commissioner CERVENY asked Mr. Gidley if R-2 zoning is not what the neighborhood prefers. Mr. Gidley stated he understood that most of this evening's speakers preferred less density than six units per acre. He added that a density of 3.5 units per acre is consistent to units to the east and north. Commissioner CERVENY mentioned that the Fruitdale Master Plan, which depicts the area in question having R-2 zoning, was developed by citizens as well as Planning Commission. Mr. Gidley stated that during the development of the Fruitdale Master. Plan, citizens had many opportunities to give input during that three-year process. Karen Scott stated that she and her husband believed their property was zoned A-1 when they purchased it. She had no knowledge of when the zoning changed to R-2. Ms. Reckert stated she had checked Ordinance #98, which adopted zoning following incorporation and the zoning at that time was R-2. Commissioner CERVENY moved that Case No. WZ-93-6, an application by R & J Associates for approval of a rezoning from Agricultural- One and Residential-Three to Residential-Two for property located Planning Commission Minutes July 15, 1993 Page 8 at 10800 West 45th Avenue be forwarded to City Council with a recommendation of Approval for the following reasons: 1. The property falls within the jurisdiction of the City of Wheat Ridge and all posting and notification requirements have been met; 2. All agencies can serve the property; 3. The property is in conformance with the Fruitdale Valley Master Plan and the Comprehensive Development Plan; 4. It is consistent with adjacent zoning and use; and 5. Staff recommends approval. Commissioner JOHNSON seconded the motion. Chairperson LANGDON asked Mr. Gidley what recourse the neighbors could take since they all favor lower-density housing than is being proposed. Mr. Gidley explained several options: 1) Subsequent to rezoning to R-2, the Planning Commission could reject the suggested subdivision (allowing lots of a size to accommodate two-family dwellings) without down-zoning or rezoning. 2) The neighborhood could, on their own, considerate an initiative to cause the property to be down-zoned to a single-family residential classification. Motion carried 6-0. 2. tease No. WS-93-1: An application by R & J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 10800 West 45th Avenue. Richard Todd explained that his plans include individual single- story units on oversized lots. They will have the appearance of a single-family brick residence and contain approximately 1600 square feet, not including a two-car garage. Mr. Todd believed the development would enhance the neighborhood. He added .there may be a homeowners association formed. Commissioner ECKHARDT reiterated that the only question before Commission at this time was if the proposed subdivision meets the Subdivision Regulations. He added that unless the proposed subdivision was in the form of a Planned Residential Development, there is no way to guaranty the quality or design of construction. Commissioner CERVENY asked if restrictions could be placed on the zoning. Planning Commission Minutes Page 9 July 15, 1993 Commissioner ECKHARDT noted that the zoning had been approved. Commissioner QUALTERI asked the applicant if the land would be owned in common or would each property owner own half of the lot. Mr. odd explained that each owner would purchase half o£ the lot. Commissioner QUALTERI stated that if each owner buys half of the lot, then the lot frontage would be reduced to 50 feet in width; would that comply with our regulations? Mr. Gidley stated the Subdivision Regulations allow for division of a lot or parcel until that particular circumstance. He read the pertinent exception to the Subdivision Regulations. Chairperson LANGDON asked Mr. Sanders if he had anything more to say. Mr. Sanders stated he did not. Chairperson LANGDON asked Ms. Tully if she had anything further to add. Ms. Tully answered she did not, unless there were specific questions she could answer. Rick Lopez had questions regarding a proposed fence along the back of the development. Mr. Gidley stated that fencing was not a subdivision question. He added that the fence could not exceed six feet in height and is not required. The owner of property is responsible to maintain a fence on his/her land. If the fence is not maintained, it becomes a code enforcement issue. Mr. Lopez stated he enjoyed the neighborhood as it was. Katherine Lodge stated her primary concern was drainage on the proposed project and how it would affect the existing shallow water table. She felt storm sewers would be a better solution than dry wells or French drains. Commissioner QUALTERI asked Mr. Goebel about the drainage plan for the proposed project. Mr. Goebel explained the proposed system. Commissioner QUALTERI agreed that the concern expressed by Ms. Lodge was valid. He reiterated that the runoff water should not be diverted back into aquifer they draw water from. He asked why that was being done. Planning Commission Minutes Page 10 July 15, 1993 Mr. Goebel .stated that all water landing on the site presently was being drained into the subsurface. Commissioner QUALTERI agreed, but stated the condition would be worsened when the roads were paved and the drainage area added. Mr. Goebel stated that all of the paved surface, streets, driveways and front walks and one-half of the roofs would drain into the storm drain, not into the subsurface. Commissioner QUALTERI asked why the cobble drainage was being constructed. Mr. Goebel stated that would prohibit water that falls in the back yards and water which comes off from the back one-half of the roofs entering onto other properties. Commissioner QUALTERI stated that it would enter the aquifer. He added that pesticides from the various properties would be leeched into the drinking water supply. Mr. Goebel stated that another solution would be to create a Swale that would collect all runoff and channel it a catch basin. His concern with this plan was the capacity of the line in West 44th Avenue and the probability of backup. Commissioner QUALTERI asked what was the diameter of the line in West 44th. Mr. Goebel answered he believed it to be a 48-inch diameter line, running to Parfet Street to the west. Commissioner QUALTERI reiterated that the runoff water should be diverted to the storm sewer. Ms. Lodae_stated she thought the neighborhood would like to see R-1 zoning for the parcel or a Planned Residential Development, since density is a major concern. Polly Pinkston asked if comments made at this time had any bearing on the proceedings. She understood all decisions had been made. Chairperson LANGDON assured Ms. Pinkston that Planning Commission was listening to comments in order to make a decision regarding the proposed subdivision. That decision had not yet been made. Ms. Pinkston stated she had long resided in Wheat Ridge. She. does have a well on her property, however, her main concern, was that the type/quality of development would be appropriate. She wanted to know what assurances the City could give those present. Planning Commission Minutes July 15, 1993 Page .11 Commissioner CERVENY stated that as long as the developer met the R-2 requirements, it would be difficult to deny the request. He asked Mr. Gidley if restrictions could have been placed on the parcel when rezoning. Mr. Gidley stated restrictions could have been placed only on the two lots zoned A-1. Commissioner CERVENY asked if it would be possible to reconsider this at another time. Mr. Gidley asked if Commissioner CERVENY was suggesting that his purpose for reconsideration on the three lots would be to zone them something other than R-2? Discussion followed regarding different options. Commissioner OWENS asked if the developer carries through as he described the project, wouldn't a single-family dwelling situation occur, since he plans to sell the land with the unit? Mr. Gidley that the neighbors had one idea what should be built, the property owner/developer had another. The developer had the law on his side in this instance so long as he complies with the regulations in place. Commissioner OWENS asked if he was correct or not. Mr. Gidley stated they would still be two-family buildings. The generic term to that building type is a duplex. Chairperson LANGDON stated his feeling is that neighbors are against the proposed project. Perhaps if there was some guaranty offered. Mr. Gidley stated that Mr. Todd, the developer may or may not complete this project. Chairperson LANGDON asked if some restrictions could be placed on the project? Mr. Gidley stated those kinds of restrictions would be associated with a Planned Residential Development, which the developer voluntarily enters into. The City cannot cause it to happen. Ms Pinkston stated her question had not yet been answered. Commissioner CERVENY asked Ms. Reckert to indicate on the map where the A-1 land had been located. Ms. Reckert did so. Planning Commission Minutes Page 12 July 15, 1993 Commissioner CERVENY thought restrictions could be placed on the parcel. Commissioner ECKHARDT asked Commissioner CERVENY what type of restrictions he was referring to. Commissioner CERVENY stated the square footage of the units. Mr. Gidley stated no public purpose would be served by such restrictions. The justification for zoning/rezoning is public purpose. Commissioner CERVENY asked what restrictions could be placed on R-2 zoned land? Mr. Gidley stated that restrictions can be placed on zoning if there is a valid public purpose and the restrictions achieve that public purpose. Relative to the definition in the Comprehensive. Plan, two-family dwellings up to 6.9 units per acre is considered low density. Relative to the subdivision process, Mr. Gidley stated that Planning Commission had the discretion to consider adjacent properties, character of neighborhood, impacts based on density and to limit the type o£ use to achieve a purpose, providing adequate justification for the decision is stated. Commissioner CERVENY asked if maximum density for R-2 zoning was seven units per acre. Mr. Gidley answered for duplex-type lots a minimum 100-foot frontage and 12,500 square feet per lot is required. Discussion Followed. Mr. Gidley explained that the assurances the neighbors wanted could be accomplished by Planned Residential Development zoning, together with an Outline and Final Development Plan and a subdivision plat associated with it. With the PRD, the developer would indicate each of the lots, plus additional lot lines which divide the units. Elevations would be indicated. Square footage would be indicated,-as well as land area and total area and maximum height. He added that there are no guaranties, even in the PRD process, that a quality product will be produced. Commissioner ECKHARDT asked if the developer was willing to apply for a-PRD zoning. Mr. Gidley answered no, the developer was not willing to do so. Ms. Pinkston reiterated her question that if the zoning was approved, would input given by those present be considered or make a difference? She suggested that the present rezoning process be reformed so that consideration would be given ..hether rezoning would be good for the surrounding neighborhoo<~. Planning Commission Minutes Page 13 July 15, 1993 Ms. Pinkston added that she was concerned about the quality of the development. Commissioner QUALTERI asked if the citizens would be able to petition the City to down-zone the property? Mr. Gidley stated yes, that was a part of the citizens' rights. Ms. Pinkston stated the neighbors wanted a Planned Residential Development and an opportunity to look at the proposed project. Chairman LANGDON asked Mr. Gidley if the rezoning must be accomplished before consideration of the development. Mr. Gidley answered yes, that was the way it must be done. Commissioner ECKHARDT reiterated to Ms. Pinkston that-the only parcels which Planning Commission recommended for rezoning were shown in the map (3 lots). He added that it made sense to rezone the three parcels from R-3/A-1 to R-2. Discussion followed. Dale Jones, 4485 Moore Court was sworn in. He stated that his concerns were regarding increased traffic in the neighborhood. Tye Shultz requested that planning be done prior to beginning construction. Commissioner JOHNSON asked Mr. Shultz if he would prefer 14 3200 square foot homes, versus the 28 1600 square foot units? Mr. Shultz stated yes, he would. His concerns were with increased traffic. Mr. Shultz reiterated his other concerns with the proposed development. He wanted the contractor to put his comments regarding his plans for construction in writing. Commissioner ECKHARDT reiterated that the contractor may not finalize the project. He added it would be difficult to enforce the contractor`s written comments. Mr. Shultz asked about recourse available. Mr. CERVENY noted that triplexes could not be built on the land, since it is now zoned R-2. Such things as drainage can be controlled. Mr. Shultz stated that the developer is creating suspicion, since he will not allow neighbors to see drawings o£-what he plans to build, or make a statement describing the project. Commissioner CERVENY explained that Planning Commission does not have the authority to do as Mr. Shultz wishes. Planning Commission Minutes July 15, 1993 Mr. Gidley stated that there seemed to misunderstanding regarding the powers Commission. He explained. Page 14 be a fundamental and duties of the Planning Commissioner QUALTERI added that the decision o£ the Planning Commission was not final. The recommendation the Commission makes will be forwarded to City Council, where they may accept, reject or modify Planning Commission's recommendation. Mr. Shultz thought the Planning Commission should have more authority. Carole Shultz stated that a street should be constructed in order to relieve some of the future traffic problems. Commissioner ECKHARDT asked how far east West 45th Avenue extends? Mr. Gidley answered it extends to Miller Street. Discussion followed. Commissioner ECKHARDT wondered if West 45th Avenue could become a cul-de-sac in the middle of the development? Ms. Reckert stated it was approximately 600 feet-to the western edge of Miller Street from the eastern edge of the proposed site. Mr. Gidley informed those present the standard for cul-de-sacs is 500 feet or more. It would be possible to construct a cul-de-sac east of the proposed development, and it appeared to be possible from Parfet Street as well. Mike Smith stated his main concern was with increased traffic. He asked if would be possible to drain the property from the east end of West 45th Avenue to the west end and then to West 44th Avenue. Mr. Goebel stated that would create a 20-25 foot offset and would be an unsafe situation on West 44th Avenue. Commissioner ECKHARDT stated that Mr. Smith had another question regarding running drainage south along Newcombe Street. Mr. Smith explained.- Mr. Goebel stated that currently the drainage plan shows the storm sewer going south between the Sportsorama and the Church. Attempts are being made to gain an easement presently. Karen Scott stated she has lived in the neighborhood for 15 years, but she feels the neighborhood has nothing to say about Planning Commission Minutes Page 15 July 15, 1993 the kind of development that is allowed. She asked if the zoning was A-1 or R-1 would the neighborhood have more control? Chairperson LANGDON answered that certain processes must be followed in order for the zoning to be changed. He noted that speakers were straying from the topic of discussion, which is the subdivision at present. He reiterated that Planning Commission is powerless to change the rules and regulations that govern them. Ms. Scott said there is no guaranty that the proposed development will be an asset to the neighborhood. Chairperson LANGDON stated that was so. He was not certain if the developer could/would furnish something in writing for the concerned neighbors. - Mr. Gidley stated that what the units look like is a zoning issue, such as a PUD or covenant situation. All buildings would have to comply with building codes, zoning and subdivision regulations. He added that having the property zoned A-1 or R-1 would not provide guaranties of what the buildings would look like. Guaranties come only when you own the land or if it's a Planned Unit Development. Ms. Scott asked if requests could be made. Mr. Gidley said requests could be made, however the developer does not have to honor such requests. Ms. Scott stated she felt that developers have more say than long-standing residents do about their neighborhood. Discussion followed. Ms. Scott requested a privacy fence be constructed around the perimeter of the property, that the units be single level, brick patio homes. She requested that this be a condition for approval of the request. She added that other requests made previously be met. Ms. Scott added that a homeowners association would help maintain the development quality. Nikki Farley stated she agreed with other speakers. She had a question regarding utility lines in the right-of-way. Ms. Reckert stated access must be allowed to the utility poles. Mr. Todd stated all utility lines would be buried at the front of the properties. Discussion followed. Planning Commission Minutes Page 16 July 15, 1993 Mr. Todd stated that access to overhead lines could be gained by ladder. Commissioner QUALTERI asked that Commission refer to Exhibit 'B' in the packet. He wanted assurance from Public Works Department that recharge wells would not be utilized on streets or public right-of-ways but, choose the latter option and grade swales along the property boundary. Mr. Goebel stated that in a meeting held on this date the developer had agreed to d'o that. Commissioner QUALTERI stated then that aquifers would not be contaminated. Commissioner QUALTERI then referred to the first paragraph of Exhibit `B', he was confused about a street shown as "Nelson Street". Mr. Goebel stated he was unsure what the name of the street would be. He explained further.- Commissioner QUALTERI asked then if paragraph could be disregarded entirely. Mr. Goebel answered yes, it could. Commissioner QUALTERI asked then if only swales would be constructed. Mr. Goebel stated swales and a storm sewer. Ron Scott_,_ 10620 West 46th Avenue was sworn in. Mr. Scott-was concerned about drainage. He pointed out areas where drainage is a problem. He requested good topsoil be added. He noted that his well water is currently at 6 1/2 feet. He added that he wants quality homes built. Mr. Scott stated he has problems with electrical surges 10-15 times-every three months. Mr. Todd stated Public Service Company designs their own systems. Mr. of spoke of concern regarding the fire district's ability to find the area easily. He suggested an additional fire hydrant be installed and added that he wanted to see blueprints of the proposed units and meet Mr. Todd's partner. Mr. Todd had concerns about a recommendation made by staff for a 20-foot utility and pedestrian easement alongside the Sportsorama. This easement was never dedicated and R-1 School _- District maintains ownership. He stated he doesn't feel the easement is necessary. Mr. Todd stated he would be willing to construct his portion of the walkway once the school district Planning Commission Minutes, Page 17 July 15, 1993 _. develops the property. He was willing to sign a development agreement stating same. Mr. Gidley stated that staff feels strongly that since there is 1300 feet between Parfet Street and Moore (the first intersection to the east) there is a need for pedestrian access to West 44th Avenue closer than a quarter-mile. Not only should this be dedicated, but mandatory construction with development required. Mr. Gidley stated that if the subdivision is approved as shown, there is no dedication for Owens Street. A suggested vacation for Owens Street will be heard next. If the subdivision is approved as is, it does not provide for the full-width dedication of Owens Street and the construction of their half of Owens. This presumes that Owens Street would be ultimately vacated or that it would be perpetually substandard. Mr. Gidley suggested that if it is Commission's intent to maintain Owens Street along the west side, that Commission make that intent clear so that the developer knows that he has a responsibility to develop his half of that street. Otherwise, modify the plat, require the 10-foot dedication along the west side of the subdivision to get a full- width street and also require construction as well. Chairperson LANGDON asked what bearing had Mr. Todd's revelation that he doesn't own the land. Mr. Gidley answered that the land is within the subdivision. The owner is present. Mr. Todd the property in question is within the subdivision, however, there is no development occurring on the school district's property. Ms. Tully stated .she was not aware, until recently, of .dedication of the 20-foot easement, the school district's position would be that Mr. Todd would have to purchase that property and subsequently dedicate it to the City for the construction of the pedestrian walkway. The school district has discussed some type of joint development of the back portion of land. She added that since the school has a lot of activity,- she didn't see the need to have a lot of children coming through the development. She stated the school district would work with the developer. Commissioner .JOHNSON asked if the 20-£oot parcel fell within the property the school district can't sell. Ms. Tully answered no. She added that the 20-foot is owned in fee by the district. Ms. Reckert stated the land would be dedicated as an easement. The City wouldn't want ownership of the property. Planning Commission Minutes Page 18 July 15, 1993 Ms. Tully stated the district's ownership would have to go to Mr. Todd, when then would be responsible for dedicating it as an easement across his fee ownership to the City. Commissioner QUALTERI asked if Owens Street is 50 £eet rather than 40 feet, would that make Lot #S substandard? Mr. Gidley stated it would make it too small for a duplex, however a single-family home would probably fit. Commissioner QUALTERI asked if he could get a variance? Owens Street is essential. He felt that Commission was being asked to make a decision on Owens Street by accepting the subdivision. Mr. Gidley said that is why he was attempting to tie to the two together.. He wanted the Commission to be aware that either they would make the decision to accept a substandard street or, require additional dedication off the subdivision. Commissioner QUALTERI stated that would result in a substandard lot size. - Mr. Gidley stated that would create a substandard lot size for a two-family dwelling. Ms. Reckert stated that Mr. Todd had adequate land area to shift lot lines to compensate for the additional five-foot dedication. Mr. Todd stated that regarding Owens Street, he saw no need for Owens street to come into his project. Mavis Patterson pointed out his residence and was sworn in. Mr. Patterson wanted the developer to include covenants in the development without it being a PUD. Mr. Gidley stated yes, he could do that voluntarily. However, they would not be enforceable through the City and could be changed at any time by the homeowners themselves. Mr. Patterson asked as a resident in the area, would he have input regarding the covenants? Mr. Gidley answered yes. Mr. Gidley asked if Mr. Patterson currently resided within the subdivision? Mr. Patterson answered yes. Mr. Gidley stated Mr. Patterson would be a party to the formulation of the covenants. Planning Commission Minutes Page 19 July 15, 1993 Mr. Patterson asked if the developer would have the largest vote, since he owned the majority of land? Mr. Gidley stated the vote could be based upon land owned or number of individuals owning land. Mr. Patterson stated that could satisfy some neighborhood concerns, as the covenants would run with the land. Mr. Gidley stated they would run with the land to the extent that they're not be subsequently modified or amended by the owners. Mr Patterson noted that land that belongs to the church and school was included in the subdivision and was being rezoned R-2. He pointed out an area and asked i£ it would be zoned R-2. He was told it was already zoned R-2. Mr Patterson was concerned that the development could create problems for the church. Mr. Gidley stated Staff suggested to both the school district and church that the balance of ownership be included in the subdivision and the lot line running through the building be eliminated. Normally, a building permit would not be issued if it crossed a lot line. The problem could be corrected by consolidation of the two lots. Mr Patterson requested that this be done now, so that the church would not have the expense at a later date. Ms. Reckert explained Further her perception of church policy regarding this issue during previous meetings with church representatives. Mr. Gidley explained that the church, as an owner, is an applicant in this case. If more time is needed to discuss this further with parties involved, a continuance might be appropriate. Mr. Todd stated that this matter had been discussed with the church. He explained that the only time it could be a problem would be if the church wanted to sell the lots separately. The situation exists without the replatting. Mr. Patterson asked if the structure could be rebuilt in case of fire or other disaster. Mr. Gidley stated that if the building was destroyed a consolidation plat would be required. Additionally, a site plan would have to be submitted for Planning Commission review, since a church no longer is a permitted use in R-2 zone district. It is now a conditional use. It has nothing to do with this process currently under consideration. Planning Commission Minutes Page 20 July 15, 1993 Mr. Pa++erson asked for further explanation. Mr. Gidley explained further. Chairperson LANGDON asked if they would be in order to ask for a continuance until that problem can be rectified? Covenants could be prepared as well. Mr. Gidley stated that he wasn't certain that the issues just discussed had a bearing on the impact of the proposed development as a residential subdivision. They would have a bearing on a sale between private parties. It would be up to the applicant and seller(s) to decide if everything is in order or not. He believed Planning Commission had ample information to make a decision. Ms. T~1 v explained why the school district made the decision to retain the legal descriptions as conveyed by separate deed, as there were no plans to sell. Chairperson LANGDON asked if the easement conflicted in any way with Owens Street. Discussion followed. Ms. Tuliv stated she had suggested that if Owens was vacated the lot line be extended to curtail confusion in the future. She added that the school district had no interest in Owens Street. Ms. Tully added that the pedestrian walkway was a great idea, but the sale would have to be negotiated with the purchaser. Mr. Todd announced that an agreement had been reached with the school district and a continuance would not be necessary. At 10:28 p.m. a recess was called. Meeting reconvened at 10:35 p.m. Commissioner ECKHARDT moved that Case No. WS-93-1, an application by R & J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 10800 West 45th Avenue be forwarded to City Council with a recommendation for Approval with the following conditions: 1. There be an additional five feet dedicated along the west side of proposed Lot 8 for proper right-of-way width for Owens Street; 2. A 20 foot bikeway and pedestrian easement from West 45th Avenue south to West 44th Avenue be dedicated and constructed by the subdivision owner; Planning Commission Minutes July 15, 1993 3. Covenants be subdivision. was presented Mr. Gidley stated responsibility of Owens Street. Page 21 provided and agreed upon by the owners of Those covenants shall include the proposal that at this hearing by the developer. for clarification purposes, it would be the the applicant to develop the east 25 feet of Commissioner ECKHARDT stated that was his assumption. Commissioner CERVENY seconded the motion. Mr. Gidley asked Commissioner ECKHARDT that under his condition 3., was it his intent that the covenants state specifically that these are to be single story buildings, ranch style, with brick facade? Commissioner ECKHARDT stated that was what the applicant presented as his intent and he felt it was proper. Motion carried 5-1, with Commissioner JOHNSON voting no. C. Case No. WV-93-10: An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Mr. Gidley stated that the Commission's prior action made this case a moot issue. However, an adjacent property owner was present regarding this issue. Ms. Reckert presented the case. Larrv Smith 3452 Weld County Road 16 was sworn in. Mr. Smith stated his concerns had been answered since the street was not being vacated. He added that there would be no change in existing conditions. Ms. Reckert stated there would be changes. Mr. Goebel pointed out even though the diagram on the board showed complete vacation to the north projected line of West 44th Place, his recommendation would be to leave 40 feet above that point to allow a turnaround for a fire truck. The remaining 65 feet would be vacated. Ms. Reckert stated that Mr. Goebel's recommendation was consistent with planning staff's recommendation. There would be an easement across the whole parcel due to utility lines in place. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-93-6 LOCATION: 10800 West 44th Avenue APPLICANT(S) NAME: R & J Associates OWNER(S) NAME: R & J Associates/Jefferson County R-1 Schools/Fruitdale Baptist Church REQUEST: Rezoning from A-1 and R-3 to R-2 APPROXIMATE AREA: .9 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner JOHNSON, that Case No. WZ-93-6 be forwarded to City Council with a recommendation for APPROVAL for the reasons stated as follows: 1. The property fails within the ~urisdication of the City of Wheat Ridge and all posting and notification requirements have been met; 2. Ali agencies can serve the property; 3. The property is in conformance with the Fruitdale Valley Master Plan and the Comprehensive Development Plan; 4. It is consistent with adjacent zoning and use; and 5. Staff recommends approval. VOTE: YES: Eckhardt, Qualteri, Owens, Cerveny, Langdon and Johnson NO: None I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Buildin Wheat idge, C~rado, on 15th day of J ly, 1993. George angdon, Chair rson WHEAT RIDGE PLANNING COMMISSION ~. , 111a2J Sandra Wiggins, Seca y WHEAT RIDGE PLANNIN MMISSION <pc>resowz936 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WS-93-1 LOCATION: 10800 West 44th Avenue APPLICANT(S) NAME: R & J Associates OWNER(S) NAME: R & J Associates/Jefferson County R-1 Schools/Fruitdale Baptist Church REQUEST: Approval of combined preliminary and final subdivision plat APPROXIMATE AREA: 9.47 acres WHEREAS, the City o£ Wheat Ridge list of factors to be considered of factors is attached hereto an and made a part hereof; and Planning Division has submitted a with the above request, and said list d incorporated herein by reference, WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner ECKHARDT, seconded by Commissioner CERVENY, that Case No. WS-93-1 be forwarded to City Council with a recommendation for APPROVAL with the following conditions: 1. There be an additional five feet dedicated along the west side of proposed Lot 8 for property right-of-way width for Owens Street; 2. A 20-foot bikeway and pedestrian easement from West 45th Avenue south to West 44th Avenue be dedicated and constructed by the subdivision owner; 3. Covenants be provided and agreed upon by the owners of subdivision. Those covenants shall include the proposal that was given at this hearing by the developer.. VOTE: YES: Eckhardt, Qualteri, Owens, Cerveny and Langdon NO: Johnson I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 5-1 vote. of the members present at their regular meeting held in the Council Chambers of the Municipal Bu' din Wh t Ridge, olorado, on the 15th day of July, 1993. i ~ eorge angdon, Chairp rson Sandra Wiggins, S tart' WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANN N COMMISSION <pc>resows931 1`~e Pre Oq~~ ~ • s OVtNTY pVe ?L R-1 ~(. o JEFFERSON COUNTY PUBLIC SCHOOLS W O "~ 1629 DENVER WEST DRIVE / BUILDING 27 / GOLDEN, COLORAD080401 / (303) 273-6500 'COIOFAO~' . August 6, 1993 Mr. Richard Todd Remax West 8600 Ralston Rd. Arvada, CO 80002 Deaz Richazd, I have enclosed the Quit Claim Deed for the conveyance of West 45th Ave. to the City of Wheat Ridge. Please have the document recorded and forwazd a fully executed, recorded copy to me for my files. I would also like to schedule a closing for the sale of the property. We will require an updated title commitment on the area in question. The title company you have used for the project would be acceptable to the School District. Please have the commitment updated and a copy sent to me for review. Without any other complications, I would like to close no later than September 6, 1993. The Board of Education will hold a regular meeting on September 2nd at which time they would execute the deed for the sale. I will schedule that Agenda Item on August 20th. Call me if you have any other questions. enclose a copy of the Quit Claim. Sincerely yours, .. ~~~~ Kathy A. Tully Real Estate Specialist Property Management I will copy the City with this correspondence and /kat xc: Meredith Reckert, City of Wheat Ridge {/ 'CITY OF WFIEAT RIDGE PLANNING & DEVELOPMENT - _ ~, ~-.-c t~_L1J.L AUG 0 9 1993 ,~ ~~~ ~~ RecarJN al o clxA _ ]L. ILKPpnp So. _ _ _ QCIT CLAI\I DEED THIti DEED, Made tn.. ~'' Jas of Auguse . I9 93 . bamcen Jefferson County School District No.. R-1, a quasi municipal corporation, s carpomion dull oreanixCJ unJ exiainu unJcr anJ by vinue of the laxs of the Swm of COlOradO . emnlor, and City of Whea[ Ridge, a home rule municipal corporation, a coq,omlion Juir organized anJ e.aislinp under and by vinue of the lams of the Slam of Colorado .gmmee. wnn.e legal aJdress is P.O. Box 638, 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 I WITNES$Tha[NC grantor. for avd in wnsidemtion of the sum of One Dollar and other considerations --- NereCeipt and suficiency pfwhich is herebyacknowledged, haz remised, re]eaud, sold and QOIT CLAMED, and by thew presen5s does remise. release. ulland QLTT CLAIM untodregmnttt. i¢succeswrs and assigns fprever, all the right fide, incerrn, daimand demand which IDegmmDr haz in and to the real property, toge[her with imDrovemenls. if any, simme, lying and being in the • C.wnty of Seff ersoR and SWtc of Colorado. described azfollows: See Exhibi[ A attached hereto and made a part hereof by reference (Conveyance made for the purposes of construction of proposed West 45th Aye. City of Wheat Ridge, County of deffierson, State of Colorado) I ~ also known by sweet and number u: it I TOH.4\'EA\D TO IfOLD d:e vme, mgeNer with ail and singulu the appunenanttsand privileges Nertunto Celonging, or in anywise rnercumu '~ appcrmining. and all the esmle, righq fide. inrcrest antl claim whatsoner. of flu gmnmr. either in law oreyvintrodsonlypmperme.beneus andbebxf o([he Srante<, iu successors and assigaz forcer. LV w'111E55 RTJEREOF, The gmnmr ha caused its corporme name to be hereunto subscribed br its Presidem, a.f i¢ mryamre seal to be hereunto affixed, avesled by iu Secretary, the day and 7xu first above wdnrn. ~)~ ~ i nt~t)ACJ .;~ ~(I I t '~•/ 1~ x;'): 1111 :•~i . .I~SJr) 1.111 Jefferson County School District No. R-1 ay ~ Lt.~. Jane Urschel """`" ' SPATE OF COIARADO 1 51. Cpunp~af Jefferson 1 The foregoing inswmem was xknou9cdged befpm me this S~ dal of August •1x93 bl, Jang ;I~/, U;schel m PrvlJcnumf NanCy'3:' AfePelly a Se<rnvl pt ;' 3AffGrlspr.~ Lbun!y School District No. R-1, munic'pal 9mrpomnon. My commissmn ctpirrs ' ApYil 17, 1995 ~ ~ '•. N'ilnesJ my h:nJ ana n:dc:Jl xul. Appyroved as to for m and content: +•^IV"'^ r .- ~- ~ "If m U;mcr, imcn "Cil) anJ." Namc vd Mdms NPCrnnfrt,ung 4.p CrtaIN J•UVl Dpmplipn143gJSIMS. CJtSI x'0.825. RC•. R`YI. QI'ITQ.\Rf DF.f.D lCorpmvlion mforpontcul gndfuN Publishing I)J3 Watt 4.. Rnwr. CO 80J@-1)031 J93JSC0- L92 f' r • EXHIBIT A • LEGAL DESCRIPTION FOR PURPOSES OF A PORTION OF FROPOSED WEST 45TH AVE. A PARCEL OF LAND SITUATED IN THE NORTH 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, CITY OF WHEAT RIDGE, STATE OF COLORADO. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CENTER 1/16 CORNER SAID SECTION 21; THENCE S45°18'35"W, 138.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE S89°11"55"E, 1.88 FEET; THENCE S87°07"21"E, 202.09 FEET; THENCE N89°31'15"E, 233.29 FEET;. THENCE S00°28'45"E, 50.00 FEET; THENCE S89°31"15"W, 234.75 FEET; THENCE N87°07"21"W, 202.64 FEET; THENCE N00°18"35"W, 50.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.5020 ACRES, MORE OR LESS. ' SCHOOL .I Description Reviewed and'Jerr;: Real EstatTSo - r r .rf~ ..Y; . ~ • BOARD OF EDUCATION AGENDA ITEM CONTROL NUMBER: BA-93-192 BOARD MEETING OF: Thursday, April 1, 1993 SUBJECT: Fruitdale School - Sale of Parcel ACTION PERTINENT FACTS: 1. The Fruitdale School is located at 10801 West 44th Avenue in Wheat Ridge. The School District acquired the property in 1950 through reorganization. The original acquisition by School District No. 32 occurred in 1883 and a portion of the property contained a reverter clause which limits the use of one acre of the land for school purposes only. 2. A redevelopment plan has been proposed on the property just north of the Fruitdale site to provide a senior housing project. The developers have offered to purchase a portion of the Fruitdale site containing approximately one acre lying north of the Fruitdale building. The proposed acquisition does not impact the one acre of land specified in the reverter clause. 3. An MAI appraisal effective as of January 7, 1993 valued the rear acreage of this property at $1.20 per square foot. The offer for purchase is at $1.20 per square foot. A boundary survey will establish the total acreage which is estimated to result in a purchase price of approximately $57,450. RECOMMENDATION: It is recommended that the Board of Education declare a portion of the Fruitdale property containing approximately 1 acre and shown in the background material, as surplus and accept an offer from Richard R. Todd to purchase the tract for the appraised value of $1.20 per square foot. ORIGINATORS: Kathy Donald APPROVED: A. Tully N°~~ E. Oatman(,~1 Date: March 22, 1993 _ _ ~., ., E,, psi, :'J +'k is .'. -43- _ ~ ..... • ~oximate one acre conveyanc EXCEPTION ~ ~ m " """ "' - ~°-" PARCEL F ~ \ ~ PARCEL F SIXTH CO\'ScYED v°i SOOK 1025 PAGE 456 DETAIL "F- v DETAIL -E• p '? DETAIL -G- N ~ DETAI D-EAST PARAf1ELT0 NORTH UNE OF ^I ~ SW 1/4 NE 7/4 263.0' (R) • DETAIL ' ~ rob i 0.8' ~ eEST X49' (R) ~ ..... .;.. ;: 'AIL - Z ._/Y ':j,•./~:{JJ .'~I !~ - WES~ARALLEL ~ NORitl~UNEF OF- '•• ' ~` : ~,!. ~:.> '.~' :AIL -I- ~ s SW t/4 NE' /4 283.0' (R) J/ f ~v - - "~ ' ~ 5 89'53'09 'N CALC) - _ - - - ~ ~ ElyST PARALLEL' h17H NOr'i~iH V:E CF /-~ ~ °$W 7/4 ENE 7/4 283.0' (R) , 1.6' ~ 5' fs ~~N 89'50'09-E TALC) 5' EgSEMENT AN ~ I f RIGHT-OF-NAY CT7 r P CEL C / ro ~- ~ "~ DIjCH RESER FOURT CONVEYED " ~ ' P. CEL ,~ ODK 947 P E sa - aoc 759 PAGE 289 ~ ! '"` FCON'y`EYED REC- 710N N~523705 ¢~ ~ ,.BgOK 94i P GE 50 ~- . _ ~ 'a ~~S 89 50'99 ~W 796 3 ~CALC z . ~ ,'! - ~../ WEST PARAL+L~L YAi}i LNE F ~ ~ 'r jl57 GAR .~ o f '' SW 1 (4 4c 1/4~t98.C' ~R). ~` ~y f _I ,9 r:... q EAST 798 FEET (R) ~~~' ' _._ ~ ~6 1 ;J R3 z ~C 9 " PARCEL A ~ a THIRD CONVEYED <w 1 '' p BOOK 485 PAGE 249 ~~ r RECEPTION N0. 360432 ~ f I b~ o Al ~F P09 PARCEL C ~ LOCATION OF FRUITDALE SCHOOL -NOT INCLUDED EAST 99' (R) ~ ! WES? 798 F`T (R) f -x---x~ EASi 6 ROCS (R) 'SST 6 RODS (R) f ~ WEST 99 FEET (R) Tj j (99) v~ ~~ u I V ~ 7 ' ~. : v n in i o r w: n F P CI'' to PART OF PARCEL B ~* n Q ~ i RSTA CONyEYE ..'.FIRST. NL YED Diti'YFiYED ;~ ~~ = BbOK 3~ PAGE; ~x ~^' I v BOOK 5 PAGE 457^0 V gbOK 9 E 57 ~ ( F 212 Z o; R C y I Z X y !! ~ N I ^ v Z j ~~' ~.. V i ( / 4 ~~ n /C 1 f ~ o o~ rA 1- v o z~ ~ ~ ~ .. YYY ~ ~~~ ( i o~.: R1 f j _ EVERTER ~ :`- ~ i _ REVS EK ~ m; f• f % F ...~CLA[~SE ~ ,_; lCL1L'SIj i- o' ') ry X Z SEE:Np7E 6) , y ~~5~~^}10~,c-.6)-~ j ~ _ ~ ~.. ~ . r ~ J~ i J ~ x ~' ~ e " ~ ~FJJ `~~' a ~ a~ d // ;NEST 6 RCCS. (R) r E<5' E ROD6 ~R) I Et5' 93 'ET 'al ~ x 30 9• x~~ ~//~%~/~ % %i~/ii!////i%///i ///// i. ~~ a09 a;,RCE~ J ~ //%~1~//i ~ - W ~ ,_ ~ f, ., i/ / j~~//.///,%/// //// L t~~/~^E it A N 88'a5.y...V ~,r,!'^'1.^r--'-'~i f/L.~. / /// ~% /~~ ^ i 85.02' i C~~C) -r- -.'--';-^-:~.-+-."-~.<,~,y~<, :... ,~h•5T e5A' '~R) 1 ~ Cfi I C< .~.... a..ti.. oro...~:m coning ~la~ _a~_ t MEMORANDUM • 70: Glen G, FROM: Chuck B, DATE: August 9, 1993 SUBJECT: Deed for W, 45th Ave. from Jeffco. Schools R-1 ^ _ Upon plotting the Quit Claim Deed given to us on this date, I find that it doesn't agree with what is currently in existence. There is currently a subdivision application in the review pro- cess, I reviewed this subdivision on 1 June 1993 and found several errors. This could be the reason for the deed not fit- ting. I contacted the Engineering firm and explained my problems and they said they would correct the errors, Please find enclosed, my memo to Steve, my contact record and the closures of the two boundaries as refi'erenced by my memo. I will contact Scott Farnum regarding this. Chuck Braden cc BG SNTRODUCED BY COUNCZL MEMBER h6RTH ORDIPIRNCE N0. 78'? ~-+"---'°`--- Series of 2988 :I'fLE: AN ORDNANCE PROVIDING FOR A 5' [•lALKWRY F:ASC;•tE\T VACATI.:G !'LEST OF 10798 41EST 46TH AVEi.UE, CITY OF [QEiEAT RIDGE, COUiJTY OF JEFFERSON, STATE OF COLORADO. ~~ct,ion 1. Upon application by '•^ary E. Hathaway for approval of a Plalkvay Easement Vacation in Wheat Ridge, Colorado, Case No.~3dV-$8-g, cold upon recommer+.dation for aFFroval from the Wheat Ridge Planning C,.;nmission, and pursuant to findings made based upon testimony and evidence presented at public hearing before the [Wheat Ridge City C',r.~ncil, a 5' walkway easement as legally described below, is hereb., Vacated for public access purposes; The west 5 feet of Lot 29, Climie Subdivision, City of Flheat Ridge, County of Jefferson, State of Colorado. °c t_ ion 2_ Vetted Property create a vested property righthtGVestedrprope~t t=ishtscmaion does not and accrue lursuant to the provisions of Section 26(c} of F only arise cf the Code of Laws of the City of Wheat Ridge. PPendix. A ~octi_on_3• Safety laus y y finds, determines, a,i3 declares that thi dinanceCis promulgatedrunder the general colice power of the City of Wheat Ridge, that it is promulgated for ?!ie health, safety, and eaelfare of the public, and that this ordinance rrotecticnroffpublic convenience nand helf3reandThefCityaCoun~ilthe further determines that the ordinance bears a rational relation to tl;c e^-romper .legislative object sought to be attained. '~~•':tion 4. Seyer~bi_1it ,off t -~ If any clause, sentence, paragraph, or his crdinance or the application thereof to an pares circumstances shall for any reason be adjusted b y Person or jurisdiction invalid, such judgment shall not affectcoimpair oompet~rt invalidate the remainder of this ordinance or its application to other persons or circumstances. ~`~'t?on_~ This ordinance shall take effect P'~h:ication. FS daps after final ORDINANCE NO. 7g2 Series of 1988 PAGE 2 INTRODUCED, READ, AND ADOPTED on f,:•st reading by a vote of -g to 0 on this Lzth day of December 1988, ordered published in full in a newspaper of general circulat_ i in the City of Wheat Ridge and Public Hearing and consideration nr f`_nal passage set for Januzrv 9 198, at 7;30 p.m., in the Council ;ambers, ?500 West 29th Avenue, 4lheat Ridge, Colorado. 1/9/89 continued to January 23, 1989. READ, ADOPTED AND ORDERED PUBLISHE' on second and final reading by a vote of 8 to 0 this 23rc day of Januarv 1935. __ try -.~ '.C4 ' :GsJ ---.. C' ~~-~.,.. C t t.r<L~ L' f WZLDE, MAYOR t•1ANDA SRNG, CITY CL RR 1st Publication: December 15, 1988 2nd Publication: January 26, 1989 Glheat Ridge Sentinel Effective Date: February 1D, 1989 -7 // AF?ROVED ~ ,T$' FORM :~/ ~ ~~ JCHN ~iAYES, CITY AT' CITY ATTORNEY INTRODUCED BY COUNCIL MEMBER SELSTAD Council Bill No. 23 ORDINANCE NO. 938 Series of 1993 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE (A-1) AND RESIDENTIAL-THREE (R-3) TO RESIDENTIAL-TWO (R-2) ON LAND LOCATED AT 10800 WEST 45TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by R & J Associates for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-93-6 and based upon recommendation for approval from the wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One and Residential-Three District and to include in the Residential-Two District, the following described land: A parcel of land situated in the North 1/2 Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge', County of Jefferson, State of Colorado. Said parcel being more particularly described as follows: Beginning at the No Thence 533040'21"W, Thence S87°07'21"E, Thence N89031'15"E, Thence 500018'35"E, Thence 589031'15"W, Thence N00018'35"W, corner of said Section 21; the True Point of Beginning; rth center 1/16 177.19 feet tc 202.64 feet; 94.66 feet; 119.50 feet; 296.99 feet; 131.36 feet to the True Point of Beginning. Said parcel containing 0.8423 acres, more or less. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of -the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Ordinance No. 938. Page 2 Series of 1993 Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of August 1993, ordered published in-full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 13 1993, at 7:3.0 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,-Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and Final reading by a vote of 7 to 1 ,, this 13th day of September , 1993. SIGNED by the Mayor on this 14th day of September 1993. ~~ Q ~./ ~ , ~,. Y INGER, R APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY 1st Publication: August 17, 1993 2nd Publication: September 21, 1993 Wheat Ridge Sentinel Effective Date: October 6, 1993 <pc>ordwz936 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 September 13, 1993 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. ~~WS--93-.1• "An application by R & J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 10800 West 45th Avenue. Said property is legally described as follows: Beginning at the North center 1/16 corner of said Section 21, whence the northeast corner of said Section 21 bears N63°03'38"E, 2975.12 feet; Thence N89°31'15"E, on the North line of the North half of the Northeast quarter of said Section 21, 679.01 feet to the Northwest corner of Marlin Subdivision as recorded in Book 15, Page 55; Thence 800°16'03"E, on the West boundary line of said Marlin Subdivision, 686.87 feet to the North right-of-way line of west 44th Avenue as recorded in Deed Reception Number 86049891; Thence N89°46'52"W, on said North right-of-way, 190.92 feet to the Southwest corner of that tract of land recorded in Book 1096, Page 73, Reception Number 702068; Thence NOOo18'35"W on the Westerly boundary line of said tract, 274.98 feet to the Southwesterly corner of said tract; Thence N89o46`52"W along the Southerly boundary line of said tract, 169.55 feet to a point 20 feet East of the East boundary line of a tract of land recorded in Book 947, Page 50; Thence 800°18'35"E parallel to the East line of said Tract, 274.98 Feet to the North right-of-way line of West 44th Avenue as recorded in Deed Reception Number 86049897; line, 120.10 feet Thence N89°46'52"W on said North sight-of-way to the Southwest corner of said tract of land recorded in Book 947, Page 50; Thence N00°18'35"W on the West boundary line of said tract, 213.10 feet to the Southeast corner of that tract of land recorded in Book 458, Page 249, Reception Number 360432; Thence N89°46'52"W on the South boundary line of said tract, 198.00 feet to the Southwest corner of said tract, Thence N89o59'16"W on the South boundary of a tract of land recorded in Book 759, Page 289, Reception Number 523705, 99.00 feet to the Southwest corner of said Tract; Thence N00°18'35"W along the west boundary line of said tract, 320.64 feet to the North right-of-way line of West 45th Avenue as recorded in Book 777, Page 342; Thence N89°11'55"W, on said right-of-way line, 29.97 feet to the Southwest corner of that tract of land recorded in Deed Reception Number 78051735; Thence OOo15'16"W on the West boundary line of said tract, 115.00 feet to the Northwest corner of said tract; Thence 889°11'24"E on the North boundary line of said tract, 128.70 feet to the Northeast corner of said tract; Thence SO1°05'36"E on the East boundary line of said tract, 16..15 feet to the Point of Beginning. Said real property containing 9.47 acres, more or less. 2. Case No. WV-93-10: An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Said property is legally .described as follows: A parcel of land situated in the Southeast 1/4 of the Northwest 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: Commencing at the Southeast corner of said Southeast 1/4 thence; NOo18'35"W along the East line of said Southeast 1/4 a distance of 1212.31 feet; thence S89°41'25"W a distance of 99 feet to the True Point of Beginning, thence; 80°18'35"E a distance of 77 feet thence; 889°41'25"W a distance of 40_feet thence; NO°18'35"W a distance of 77 feet thence; N89°41'25"E a distance of 40 feet to the True Point of Beginning. Said parcel contains 3 80 square feet more or less. _ ATTEST: Sandra Wiggins, etary -- - Wanda Sang, City Clerk To be Published: August 24, 1993 Wheat Ridge Sentinel <pc>pnws931/wv9310 P.O. BOX 678 ~ TELEPHONE: 303/237-6944 The Cily of 7500 WEST 29TH AVENUE • Wh1EAT F7IDGE. COLORA00 80034 ~7~Iheat Ridge POSTING CERTIFICATION CASE N0. PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~j `~p~'J~jfr ~~ ~ r r ~v I ~ ~~~~vt-r2c~ ~'< ~_ n a m e residing at `><~~b ~=LL~ ~'r , ( a d d r e s s as the applicant for Case No. that I have posted the Notice of .Public Hearing at ( l o c a t i o n) on this ~ day of __ ~~~.c.ST hereby certify 19~~~ , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: I~L~) i~ ..NOTE: This form must be submitted~at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. ~ ~ M E M O R A N D U M TO: Kathryn Schroeder, City Attorney FROM: `~,-M./eredith Reckert, Planner RE: Restrictive Covenants DATE: August 26, 1993 Attached please find a copy of the restrictive covenants for the development of 14 duplex sites at approximately 10800 West 45th Avenue. This case will be reviewed by City Council as a final subdivision plat and partial rezoning on September 13, 1993. A question that comes to mind is if the covenants are made a condition of approval, are they enforceable by the City if violated? If you have any questions, please call me at 235-2848 or Glen Gidley at 235-2844. MR:slw attachment 7500 WEST 29TH AVENUE The City of P.O. BOX 638- WHEAT RIDGE. CO 80034-0638. . ~ ~~ --~-(3031 234-5900 heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ldge August 30, 1993 This is to inform you that Case No. WZ-93-6/WS-93-1 which is a request for approval of a rezoning from A-1 and R-2 to R-2 and -•- ag~roval of a combined preliminarv and final 16-lot subdivision plat for property located at 10800 West 45th Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on September 13 1993 -_, __ All owners and/or their legal counsel of the parcel under consideration .must be present at this hearing before the f'i+y~ C'rnmnil _ _ __ _. __ _ 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 ~, h,.,.r,,~~.,,,,~ '- ~ Jr'• 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 MINUTES: September 13, 1993 `~ Paul Simar, representing E-Z Pawn, 4595 Ftayor; he gave background on E-Z Pawn; their image; many people cannot obtain pawnshop. ~~ Page -2- t Wadsworth, was sworn in pawn shops are trying to credit other than from a Tom Lopez gave more background on the operation of E-Z Pawn. ~5.-i- R.. 1....: by the change Motion by Vance Edwards for the adoption of Council Bill 26, Ordinance- 937; this Ordinance shall take effect upon passage; seconded by Mr. Flasco; carried 8-0. Item 2. Council Bill 23 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-1) and Residential-Three (R-3) to Residential-Two (R-2) on land located at 10800 West 45th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case`No:'kZi:93-6) CR & J Associates) Council Bill 23 was introduced by Mr. Selstad; title read by the Clerk; Ordinance No. 938 assigned. Mr. Gidley presented the cases and entered exhibits into the record. Richard Todd, 4570 Teller Street, applicant, was sworn in by the Major; was present to answer questions. Claudia Worth, 4650 Oak Street, was sworn in by the Mayor; asked that map adopted by Ordinance 98 be checked against current map to make sure that zoning is correct; lot lines are running through buildings; this is very sloppy. Kevin Jones, 503 S. Union Blvd., Lakewood, representing Fruitdale Baptist Church, dba Clear Creek Valley Baptist Church, 10555 W. 44th Avenue, was sworn in by the Mayor; they have property lines running through their building; they want this cleared up and corrected. Karen Scott, 10620 W. 46th Avenue, was sworn in by the Mayor; she lives right behind the development; most homes are single family, even though it is zoned R-2. Motion by Mr. Selstad that Case tdo. WZ-93-6, a request for rezoning for property located at approximately 10800 W. 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be approved for the following reasons: 1. It is in conformance with the designations on the Fruitdale Valley Master Plan and Comprehensive Development Plan. 2. it is consistent with the adjacent zoning and land use. 3. Staff recommends approval; seconded by Mr. Flasco; carried 7-1 with Vance Edwards voting no. r_ F ~. CITY COUNCIL MINUTES: September 13, 1993 Page -3- Application by R & J Associates for approval of a combined preliminary and final subdivision plat for property located at .,approximately 10800 West 45th Avenue, Wheat Ridge. ,. ,. (Case No. WS-93-1) Motion by Mr. Selstad that Case No. WS-93-1, a request for approval of a 1 -lot final subdivision plat for property located at 10800 W. 45th Avenue, be approved for the following reasons: 1. All requirements of ..the Subdivision Regulations have been met. 2. Staff recommends 'approval. With the following conditions: 1. A note be added to the final plat that no construction be allowed on Lot 1 until the title has been cleared. 2. If Case No. WV-93-10 is not approved, a five foot .right-of-way dedication occur for Owens Street and the lots along the ,south of West 45th Avenue be adjusted accordingly. The developer will be responsible for sidewalk construction across the pedestrian easement; seconded by Mr. Flasco; carried 7-1 with Vance Edwards voting no. Mr. Edwards feels there are too many mis-communications that need to be cleared up prior to approving this plat. Item 3. Council Bill 24 - An Ordinance vacating an unused portion of Owens Street between West 44th Place and West 45th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-93-10) Council Bill 24 was introduced on second reading by Vance Edwards; title read by the Clerk; Ordinance No. 939 assigned. Motion by Uance Edwards that Case No. WV-93-10, a request for approval of a right-of-way vacation for an unused portion of Owens Street between West 44th Place and West 45th Avenue, be approved for the following reasons: 1. No properties will be land-locked if it is vacated; 2. It is not needed for general circulation in the area; and 3. Staff and Planning Commission recommend approval. With the following conditions: 1. Only the northern 75 feet be vacated; 2. A utility and maintenance easement be reserved over the entire 40 feet; and 3. A pedestrian easement be reserved over the vacated portion, and a sidewalk be developed by the property owners to the east; seconded by Phil Edwards; .carried 8-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Resolution 1363 - authorizing the City of Wheat Ridge to become a member of the Joint and Cooperative Intergovernmental Agreement for a Greater Metro Cable Consortium with Municipal Corporations, Cities and Counties and Political Subdivisions of the State of Colorado. Resolution 1363 was introduced by Mr. Flasco; title read by the Clerk. Motion by Mr. Flasco for the adoption of Resolution 1263; seconded by Mr. Eafanti; carried 8-0. -50C A°dE;;7 ?~'tH A`dENUF P o soy .~?s The City of bVHE.;- ~rr~~~ ~~ g;~n?,.: ?,; :.3 :3G 3' ?~~-540C ~~vWT~~heat Ciry AOn•~ F ~ x?g1.,gg,? Pc':;?CBOT Fde e 23S.oc~:, 1vl~g e September 14, 1993 Denver Water Board 1600 West 12th Avenue Denver CO -80254 TO WHOM IT MAY CONCERN: Please be advised that the attached subdivision plat was approved by the City of Wheat Ridge City Council on September 13, 1993. If you have any questions, do not hesitate to contact me at 235-2848. Sincerely, ~ Y.. -, y-- Meredith Reckert Planner MR:slw attachment i I CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date of Meeting: Sept. 15, 1993 Date Prepared: August 30, 1993 Case Manager: Meredith Reckert Case No. & Name: WZ-93-6 & WS-93-1/R & J ASSOCIATES Action Requested: Rezone from Agricultural-One and Residential- Three to Residential-Two and approval of a 16- lot subdivision plat Location of Request: 10800 W. 45th Avenue Name & Address of Applicant(s): R & J Associates 8600 Ralston Road Arvada, CO 80002 Name & Address of Owner(s): Jefferson County R-1 Schools Fruitdale Baptist Church 1829 Denver West Drive 10555 W. 44th Avenue Golden, CO 80401 Wheat Ridge, CO 80033 R & J Associates 8600 Ralston Road Arvada, CO 80002 ----------------------------------------------------- Approximate Area: 9.47 acres Present Zoning: R-3, R-2, and A-1 Present Land Use: Vacant, day care, church Surrounding Zoning: See staff report Surrounding Land Use: Low density residential, commercial Comprehensive Plan for the Area: Low density residential ----------------------------------------------------------------- Date Published: August 24 and August 17, 1993 Date to be Posted: August 30, 1993 Date Legal Notices Sent: August 30, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides (XX) Subdivision Regulations (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. - City Council Staff Report Case Nos. WZ-93-6 & WS-93-1 I_ REQUEST Page 2 The applicant requests approval of a rezoning from Agricultural- one and Residential-Three to Residential-Two and for approval of a 16-lot preliminary and final subdivision plat. There are three property owners involved in this case: R & J Associates, Fruitdale Baptist Church and Jefferson County R-1 School District. The developer, R & J Associates, intends on building 28 duplex units along the northern portion of the property. In order to make the project viable, the developer is purchasing the northern parts of the school and church properties. This land will then be subdivided into 14 duplex lots. A separate motion will be required for each action. II. REZONING A small part of the school property has R-3 and A-1 zoning. See attached Exhibit 'A'. In order to facilitate construction on proposed lots 8, 9 and 10, a rezoning to R-2 zoning is necessary. This equates to an area of 300 feet to 130 feet. The-property being rezoned is currently vacant. Staff has the following comments regarding the criteria used to evaluate a change of zone: 1. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area; The Comprehensive Plan classifies this area as low density residential on the edge of a public/semi-public designation on the south. Staff concludes that the rezoning to R-2 would meet this low-density residential designation. Once again, on the Fruitdale Valley Master Plan Map this area is shown as low density residential with public and neighborhood commercial to the south. At roughly 6.5 units per acre,. this development would meet-the low density classification (1-7 units per acre.). West 45th Avenue is being shown as a bikeway on the Future Land Use Map. Because West 45th Avenue to the east and west is not built to the bikeway standard, instead of requiring this part to have a wider section, it will be signed as a "bikeway". 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. City Council Staff Report Page 3 Case Nos. WZ-93-6 & WS-93-1 Zoning surrounding the area to be rezoned is R-3 to the west, C-1 and A-1 to the south and R-2 to the north and east. Adjacent land use includes vacant land to the north and east, vacant school property to the south and a multi-family development and duplexes to the west. Staff concludes that the proposed rezoning is consistent with surrounding zoning. Further, the A-1 land would not be developable because it would be only 26,000 square feet in size where a one-acre minimum is required. The R-3 portion is roughly 100' x 130' which would accommodate a six-unit apartment building. Staff concludes that the rezoning would unify zoning and development on the property. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits .derived from sales tax generated by the new residents and increased property tax from the developed property. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can serve with certain improvements. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reducing light and air to adjacent properties. The general health, safety and welfare of the area should not be negatively affected by the rezoning and subdivision as better fire protection will be provided with the extension of W. 45th Avenue. At this time, the applicants' engineers are still in the process of designing the drainage for the proposed subdivision system (i.e., storm sewer versus dry wells), however, as indicated in Bob Goebel's June 16 memo included as Exhibit 'B', either system will work and will improve drainage in the area. The proposal should not substantially reduce the amount of light and air for adjacent properties. 6. That the property cannot reasonably be developed under the existing zoning conditions. The R-3 portion could be developed into a 6-unit multi-family development based solely on lot size. The A-1 piece could not be developed as it is substandard in lot area. City Council Staff Report Page 4 Case Nos. WZ-93-6 & WS-93-1 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there is existing R-2 zoned land directly to the north and east of the subject property. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is a void in the market for affordable duplex sites such_as is being proposed. Staff concludes that the proposed zone change is in conformance with the low density designation on the Comprehensive Plan and that it is generally consistent with adjacent zoning and land use. Although there is not direct benefit from the rezoning, there should be spin-off benefits based on increased sales tax revenues from the new residents in the area. III. SUBDIVISION DESIGN In order to transfer title of the northern part of the school and church property to the developer, these parcels are required to be included in the subdivision plat. As such, the proposed preliminary and final plats show a total of 16 lots. The preliminary plat shows encroachments of both the school and church buildings on to Lots 15 and 16 and because of this, staff suggested that these lot lines be adjusted to eliminate the encroachments. The owners chose not to do this as they are only following existing deed lines. At the time of this writing, Lots 15 and 16 will remain under the ownership of Jefferson County Schools and the Fruitdale Baptist Church, respectively. A 20` wide easement crosses the church property, (Lot 16). The easement is being dedicated for utilities and drainage. In regard to the duplex development shown on the north side of the plat, all 14 lots meet or exceed the minimum requirements for duplex development in the R-2 zone district. West 45th Avenue is being dedicated as a full-width public street. However, since West 45th Avenue is a designated bikeway, it should be signed as such. City Council Staff Report Page 5 Case Nos. WZ-93-6 & WS-93-1 In regard to Owens Street which abuts the property to the west, the right-of-way for Owens is the subject of Case No. WV-93-10 for potential vacation. No lots within the subdivision rely on Owens Street for access, however, if it is not vacated, the developer to the east and adjacent property owner to the west will be responsible for a five-foot right-of-way dedication plus street construction and the installation of curb, gutter and sidewalk If the dedication is required, Lot 8 will be substandard as a duplex lot but allow single-family use. All of the lots on the south side of West 45th Avenue will have to be adjusted accordingly to accommodate the five-foot dedication. With extension of West 45th Avenue, Owens Street is not needed for vehicular circulation in the area, however we do recommend a pedestrian connection. All other requirements of the Subdivision Regulations have .been met. III. -NEIGHBORHOOD REFERRAL A meeting for neighborhood input was held on June 3, 1993, at 7:00 P.M. Those attending were as follows: Meredith Reckert Richard Todd Bill Heffington Yolanda Gray Leanne McCoy Dale Jones Greg & Rebecca Marquardt Ron & Karen Scot Polly Pinkston Nikki Farley Glenn Manes Carole Shultz 7500 W. 29th Avenue 8600 Ralston Road 5151 Ward Road 10505 W. 45th Avenue 10495 W. 45th Avenue 4485 Moore Court 10530 W. 45th Avenue 10620 W. 46th Avenue 10630 W. 46th Avenue 10565 W. 45th Avenue 10770 W. 46th Avenue 10535 W. 45th Avenue Areas of concern included drainage and the fact there are no storm sewers in the area, traffic on W. 45th Avenue and the quality and type of construction proposed. Included under Exhibit 'C' are comments submitted regarding the proposal. IV. AGENCY REFERRALS All agencies can serve the property with required improvements. Valley water will require a mainline extension. Arvada Fire District will require the installation of at least one hydrant. City Council Staff Report Case Nos. WZ-93-6 & WS-93-1 Page 6 Parks and Recreation Commission will require $75.00 per unit. Public Works has problems with the legal description with Lot 1. A note should be added to the-plat indicating that no building permit be issued for Lot 1 until the title is cleared. VI. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on July 15, 1993. In regard to the rezoning issue, a recommendation of approval was made for the following reasons: 1. The property falls within the jurisdiction of the City of Wheat Ridge and all posting and notification requirements have been met; 2. All agencies can serve the property; 3. The property is in conformance with the Fruitdale Valley Master Plan and the Comprehensive Development Plan; 4. It is consistent with adjacent zoning and use; and 5. Staff recommends approval. Regarding the subdivision request, a recommendation of approval was given with the following conditions: 1. There be an additional five feet dedicated along the west side of proposed Lot 8 for proper right-of-way width for Owens Street; 2. A 20 foot bikeway and pedestrian easement £rom West 45th Avenue south to West 44th Avenue be dedicated-and constructed by the subdivision owner; 3. Covenants be provided and agreed upon by the owners of subdivision. Those covenants shall include the. proposal that was presented at this hearing by the developer-. Staff has the following comments about the conditions of approval: Condition #1: Requiring a five-foot right-of-way dedication for Owens Street along Lot 8 is inconsistent with the Planning Commission action done for Case No. WV-93-10. These two cases (WZ-93-6 and WV-93-10) need to be consistent as to whether Owens is vacated or a five-foot dedication is required. If the dedication is required the lots on the south side of West 45th Avenue need to be adjusted accordingly. Condition #2: The submittal acted upon by Planning Commission showed a 20-foot pedestrian/utility easement running down the east side of Lot 15. Because of a conflict in use by the adjacent property owner (parking esement on the school property used by Sports-O-Rama), this requirement is no longer valid. Instead, Staff has recommended that a pedestrian easement be required within the Owens Street right-of-way if it is vacated. if it's not vacated, the construction of a sidewalk will be required. City Council Staff Report Case'Nos. WZ-93-6 & WS-93-1 Page 7 Condition #3: The applicant has submitted restrictive covenants included under Exhibit 'D'. These should be made a condition of the. subdivision approval. Exhibit 'E' is an illustration of the exterior of the units. VYI. STAFF CONCLUSIONS AND RECOMMENDATION In regard to the rezoning, Staff concludes that the proposal is generally in conformance with the Comprehensive Plan and the Fruitdale Valley Master Plan and that it is consistent with adjacent zoning and land use, and for these reasons a recommendation of APPROVAL is given for Case Nos. WZ-93-6. In regard to the proposed subdivision final plat, Staff concludes that all requirements of the Subdivision Regulations have been met, and therefore Staff recommends approval of the subdivision -- plat (WS-93-1) with the following conditions: 1. A note be added to the final plat that no construction be allowed on Lot 1 until the title has been cleared. 2. if Case No. WV-93-10 is not approved, a five-foot right-of- way dedication occur for Owens Street and the lots along the south of West 45th Avenue be adjusted accordingly. The developer will be responsible for sidewalk construction across the pedestrian easement. 3. The restrictive covenants be made a condition of the subdivision approval. VIII. RECOMMENDED MOTIONS REZONING Option 'A': "I move that Case No. WZ-93-6, a request for rezoning for property located at approximately 10800 W. 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be approved for the following reasons: 1. It is in conformance with the designations on the Fruitdale Valley Master Plan and Comprehensive Development Plan. 2. It is-consistent with the adjacent zoning and land use. 3. Staff recommends approval." Option 'B': "I move that Case No. WZ-93-6, a request-for rezoning for property located at approximately 10800 W. 45th Avenue from Residential-Three and Agricultural-One to Residential-Two, be denied for the following reasons: 1. 2. 3. " City Council Staff Report Page 8 Case Nos. WZ-93-6 & WS-93-1 SUBDIVISION PLAT Option 'A': I move that Case No. WS-93-1, a request for approval of a 16-lot. final subdivision plat for property located 10800 W. 45th Avenue, be approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. Staff recommends approval. With the following conditions: 1. A note be added to the final plat that no construction be allowed on Lot 1 until the title has been cleared. 2. If Case No. WV-93-10 is not approved, a five-foot right-of- way dedication occur for. Owens Street and the lots along the south of West 45th Avenue be adjusted accordingly. The developer will be responsibnle for sidewalk construction across the pedestrian easement. 3. The restrictive covenants be made a condition of the subdivision approval. Option 'B': I move that Case No. WS-93-1, a request for approval of a 16-lot combined preliminary and final subdivision plat for property located 10800 W. 45th Avenue, be denied for the following reasons: 1. 2. 3. <pc>srwz936 Case No. wz-93-6 AGENCY REFERRALS SUMMARY Fire: (ARVADA) Will require hvdrant installation Schools Water: (VALLEY) Can serve Sexer: (FRUITDALE) Can serve U.S.West Communications: l~tN~$$3F~Yx$8$39. • No response Public Service Co: Can serve State Land Use Comm: No problems (if over 5 acres) State Geologist: • State Highway: Jefferson County SCHOOL Recommends approval of this request (~CX X3fX~t}tj~i Adjacent City: Other: CITY DEPARTMENTS PUblie Works: See attached Parks ~ Recreation: Will require. $75.00 per unit Police: Can serve Building Inspection: ~ ~ /`f-~L w 4sre. v~. - i SUB m f w LL a a R=~-~• , W 46 TH AV'rE~ S V 1... _~ ~ W 45 TH -. m._o ~- Q ~~~ -J ~\ ' 3 SUB.. l _ R~I' W G o • ~, i (~ L ! / v/ / I ~~ I I I I $ I ~ I I I k'' _ I a ^~ s ~ N I I I I I I I I P 2 I I I I I m I I I I I I I J~~ -~~ I I I ~i i~ ~M rS~~R~6 CASE NO. WZ-93-6' R-3 ZONE ~ CASE NO. WS`93-1 4 ~ o _ ~ EXHIBIT 'A' I ~ I ~ I ~ I~lo ~~ I~'~~ F! ' I I I I' I F I Ie I I I I I i ~ _ _ _ _ ~ FN 00'15'16' WI I I ~ ON£NS STREET .OO SII z 4 e- 3d {~ ro IT ~~ I NC~~ 00'RZ ~~ sY b ~ i § aly °v~m s m I 0 0 .i oI l `'. I ~ mZ-o- I c> o m cn s I m; s ~ , oo ~ _ _ _ - - _ _ _ IN N s AO -- _-__ _~ y _ I z a N m S e I ~ c a a ~ N ?~ Z m 'N 00'16'0}' W I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I uNC,:I s:arrerx~ v:xa: sa~.so:: R-2 ZONE III I ,; I I ~° I I J Ifl I ~yl N I ~ I ~ I ~ I ~ I I ~ I I ^®^~ s G'f rc x ~~~ ~ ~ ~r~ ~~g~ $ e F O SC91 ~ ~ ~ ~, oa N_ _ m ' Z n ~ --- O = ~ m -1 Z Y ~ _ --_ o\ '~ N ~ N ~ I ~ m ~ C m N --- f~/1 Z N z Z~v ~ }; m ~ 'O _-- { O r y zm o ~ a N ~ _ f ~ v ~ ii - - N 2_ Z m ___ D J -~ N ~ V7 ; O ~ A c 0~0 D ~ --- --- ~ _ m' TT i ~ S ~ D O D ~ m -1m~ o Two Rl m ~ i ~ m i a ~ I .Z7 ~ a „ a o~ x i m rn x 75DDVVEST 29TH AVENUE P.o. aox s3a The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~ = Theat City Admin. Fax # 234-5924 Polide Dept. Fax # 235-2949 " ~/~~/ idge July 27, 1993 Mr. Jim Culligan Denver Water Board 1600 West 12th Avenue Denver CO 80254 Dear Mr. Culligan: Please be advised that the attached deed to the City of Wheat Ridge is intended for right-of-way purposes for West 45th Avenue. If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, ,~~r,~.e~L ,~~- Meredith Reckert Planner MR:siw attachment cc: Bob Arnold, Valley Water `Case_No. WZ-93-6 u x., ,, i~~d r~,r~~. CASE NO. WZ-93-6 ME~IJI~RAND~ CASE NO. WS-93-1 EXHIBIT 'B' Approved Qate TO: Meredith Reckert, Planner II' FROM: Bob Goebel, Director of Public Works DATE: June 16, 1993 SUBJECT: Fruitdale Patio Homes Subdivision After field investigation, I request that the following recommendations be made to Planning Commission. Further verification of the "Nelson Street" right-of-way will be made by the Engineering Division staff. If right-of-way exists, I see no reason for the street's construction. Parfet Street and Miller Street are both north-south through streets and are capable of handling the minimal traffic generated by this development. An additional access to 44th Avenue is not desirable. The construction of "Nelson Street" would place it within 10 feet of a large building (Sportsrama) which is also undesirable and within 100 feet of Newcomb Street south of 44th Avenue. Again, undesirable especially without left turn lanes on 44th Avenue. I suggest that a storm sewer and pedestrian access easement be retained over the west 20 feet. of the 40 feet right of way. This corridor could then be used by the developer to construct a storm sewer for the development which could be tied into the existing storm sewer in W. 44th Avenue. The retention ponds shown on the preliminary plat will not be allowed due to perpetual maintenance problems. Groundwater recharge wells work extremely well in the Clear Creek Valley and have been used very successfully by both the City and Private developers. The subsurface gravel (below the top soil) is well graded and free draining material. Recharge wells in the street right-of-way are easily flushed and maintained by our city equipment. The number of wells required in the gutter line would have to be determined by the developer's engineer based on the amount of runoff generated and the infiltration rate of the soil. Another alternative is to design a closed storm sewer system and tieing it into the existing line in 44th Avenue as mentioned earlier. The perimeter of the subdivision can be drained by one of 2 ways or a combination of both. A perimeter gravel border could be placed to allow direct- runoff to enter and soak into the subsurface material. This graval border would need to be at sufficient depth to access the gravel subsurface. The other option would be t6 grade swales along the property boundaries that would direct flow into a closed storm sewer system within the street and out to 44th Avenue. Either of these ~s solutions can be accomplished without creating a stagnant water ponding P area which becomes a future maintenance problem. I am confident that any of these choices will work well and should not be cause of concern for the residents surrounding this development. We will ensure that the design and materials used in the right of way are our standard. Owens Street, directly west and adjacent to the development, exists as an unimproved 40 feet right of way. I feel that this short segment of right of way is not necessary. 44th Place is less that 500 feet in length east of Parfet Street and is currently operating as a cul-de-sac. Owens Street may be vacated except for the 40 feet north of 44th Place to allow for an "L" shaped turn around. This would create a legitimate cul-de-sac allowing for the turn-around of a tandem axle "telesquirt" fire truck presently operated by the Arvada Fire Protection District. frtdale.mer CASE NO: WZ-93-6 CASE NO. WS-93-1 EXHIBIT `C' I , ~ k ~1/JG NOTICE OF.NEIGHBORHOOD INPUT MEETING L R & s Associates IS PROPOSING A REZONING FROH A-1 TO g_Z SPECIA USE PERMIT FOR 0 OPE TY 0 AT west dSth A a d. Owens Street ain~ ao CitV Hall 7500 Watt 9th °yE THE TIME AND DATE FOR THIS MEETING IS 7:00 P.M. June 3, 1993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input t4eeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are 8s fOllOW3: * Is the proposal compatible with surrounding land uses and zoning? :1; Are there adequate utilities and services Sn place or proposed to serve the pro,Ject1 p~ p .5 t~ r.m ~ ¢,W .,..r * What is the impact on our streets? t H ~'""a s c~ j-N~. -Rf-~~ * Where will the storm drainage got * ftow will the pro,)ect be designed to enhance rather than detraot from the neighborhood? * What specific changes can be made in the proposal to make St more acceptable to meY t? ~ ~ o •, A s diter attending the neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may Iia ve regarding this proposal. Please sign St and give it to the applicant, as he is required to provide these forms to the City along with his application. ~- ~ ixi vtv~os e. c/ tp~ ~Iru,'huu ~~,s~ay~/_ ~i_ iv~.f ~fd f~lY/ Sit W.z.r A UP./an _./~ i~a C7 /'Ga N-~/~/n l=c 7~Li .~c i h ~'r~'v,~i zhc~ o t, /Uarrh h au<,~'v~i 1~ ~~~~ ', NOTICE OF.NEIGHBORHOOD INPUT MEETING R & J Associates IS PROPOSING A REZONING FROH A-1 TO R-2 C A E PE MIT FOR 0 P O E TY 0 AT woer asrh avP_ ar,d pwens Street THE LOCATION OF THIS MEETING IS ~itv Hali 7 00 West 29th. Ave. THE TIME AND DATE FOR THIS MEETING IS 7:00 P.M. ,June 3, 7993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input i4eeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are 83 fO110W3: yc Is the proposal compatible with surrounding land uses and zoning? ~IcAre there adequate utilities and services in place or proposed to serve the pro~ectl ~* What is the impact on our streets? =`« ~ ~~`~ ~ Where will the storm drainage go7 P~N~7 7, ~e}low will the prodect be designed to enhance rather than detract from the neighborhood? loo~.~ * What specific changes can be made in the proposal to make it more aoceptable to me7 After attending the }}eighborhood Input Meeting, please use the following space and the back of this form to list any spec iflc concerns, issues, or suggestions which you may have regarding this proposal. Please sign it and give !t to the applicant, as he is required to provide these forms to the City along with his application. SiNGL~ 1,FvFLS ONL QuITING CiS 7N~ TN0.<<-/ MRrr s r ioai' 1 aACi' < No (2FNc_~Lt_ PRo?SitT W 1Z n;d r. car q- PRo6[.rhS OuGS pFs?:c~oFs F<<n„'L~2~ll - N.Jw w;zZ iT R~=fFcT µ~FiC whi{'(1 NO LOW 1 '//C J.H F~ - ~A~N ~h~CO PaJD ::4i~CS r `,:~ NOTICE OF.NEIGHBORHOOD INPL3T MEETING R & J Associates IS PROPOSING A REZONING FROM A-1 TG R-2 A SPE A PERMIT FOA 0 POPE TY 0 E AT _wasr etrh n.,o ~.,,~ .,.....,,. ~.___` _S.1LV nail /'1111 WASY lNth T.m THE TIME A17D DATE FOR THIS MEETING IS 7:00 P.M. June 3, 7993 THE PURPOSE FOR THIS PROPOSAL IS to build duplex units The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input ~4eeting.: The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also 'to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: ~c Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the protect? ~ What is the impact on our streets? * Where will the storm drainage go? * Flow mill the protect be designed to enhance rather than detract from the neighborhood? x: What specific changes can be made in the proposal to make it more acceptable to me7 After attending the Feighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may have regarding this proposal. Please sign it and give St to the applicant, as he is required to provide these forms to the City along with his application. '~. (-1/z ~ee~ il-la- C'C1,! ~1, r7 (~r zryt~nl /f7 H, A6 pn R //Csfc p C~!'PA-T frPTe < 7 'i o via GL, 1, d ~ ~- /yv 7 ,~ G 7 _, nn UWv~ ~j,r.~r~ A~ 5,~. /~ ~ - / rfc c., n,. ryo~ c.~.~sr-d a S /,~ iym.~a r/1/FS ht/~ ,- /mar/ ~T/iA- a/ / ~y ~ ~/ a~%~' /~,; ~<~~-T. I/R /rrs and Guc !c~ / r~ ~n H%a/P Or ~! v „ vYO.a/ibarFm„f. /SC%/ti 7s /% /.uAY Sh •~%~ ~,~. {Rn5 1j „/ r ~ Yr4 Amour I~roF'a.-'1-i L w!/~ n7P fc r><h fh< ~s Brt-/T /./ 'T y ' ' CL~fri.~ ll4ti,~J t%//G~N ~it97.-f7 ~h -c /, dins ~O T O /ha ~ s/ ! . ~. ', , /J i.Pi by C•Ur} '%Lle S ~n - /,/.•,.~.. r. Yv li a' P i ham', .~./ ~ 2'c! ii /i T ~, // -T~ ..i ~'~~ ~., _b P./n ~~y '1 fY/ „w,7ruFa,.,d ~r ~ 1 , MR.n~ d ~i-!r ur ~wb"' 1.:'tl l Lt Prf A<f YJ I'/hF~ P 77<~/ S 7e b.,, .~ !;I'„ (lnp~ P(o /tdv (HP C~•r' e(a~ri WI(h A M F l7t /vr. 9 ~~~ A~ 19 ,P: ~,~C~U 2.A M ~~ ti,/ ~ ~i t'~d d.Jr/l/ ~ ~ ./i.4 _. _ leer >L..I~f :,t.., ~~- ~/i/.. .. I•., ~, i u. Our address is 1062 ~. 46th Avenue. We have lived ~ this location for 13 years (Since 1980). We are very particular with how our property looks. We keep the lawn nice, the landscaping maintained and the house neat as do 99$ of our neighbors. Our concerns are as follows: 1) The drainage ponds on the east end of the proposed development are our biggest concern. our property sits lower than the drainage pond. The drainage pond will be collecting water from back yards, roofs, driveways, street and sidewalk. Along with the water it will- be collecting all the silt, clay, grass clippings, leaves debris, trash, etc. that will clog up the drainage. Who will be responsible to keep this cleaned out? (The poor person who buys that lot?) We were told this should only need maintenance every 40 years. I say you should apologize for thinking we are that ignorant. We are concerned that when this drainage pond does get plugged up, the water will be overflowing onto our lot. Whether it's for the 5 year storm, a single downpour or the 100 year storm, if the pond isn't maintained our lot will be taking the water. Isn't there any other alternative? Can't the development put a storm drain to drain the water into the drains on 44th Avenue? That is only 1 block away. 2) The quality, materials and the design of the structures to be built is another concern. We do not want some prefab building that will look like "project housing" in a few years. We are not opposed to a development that will NOT decrease the property values of the neighborhood. We would not be opposed to the type of building the owner was describing at the neighborhood meeting (single story, brick, ranch style housing in the dollar range of $130,000 per unit). But, to put in some cheap, two story, "rental" duplex that will make some quick bucks for the owner/developer and not consider the existing residents would cause us to put our house up for sale. This would be very disturbing to us because we love our neighborhood and don't want to move. Please consider this. A development of quality structures owned by those residing in them and governed by a homeowners association would be acceptable. Cheap houses built and sold for rental property so one person can make big bucks while the existing residents are "stuck" would not be acceptable. Hopefully the existing residents desires would mean something. 3) Trafffc is another concern for the residents on 45th Avenue. Without another outlet street from 45th to 44th the volume of traffic from Miller to Moore and Parfet to Oak will increase quite a bit. Isn't there any way to bring Nelson Street from 44th to 45th Avenue? Summary: 1) DRAINAGE/MAINTENANCE OF DRAINAGE POND, 2) QUALITY OF STRUCTURES/OWNERSHIP VS RENTAL, 3) TRAFFIC t hope that your request for input does in fact mean that you are taking our concerns into consideration! ,021 'b`' ~CL'1.fiL~. _ ~~~- ,.; , • ~, M ~ .. ..__ ... .... .w.... ~.. u..uu...ww.. ~...n ..u. ..v JUJ vv uu.~w 1 . U4 PR()TFCTNE CO'VEi`1ANTS FOR PRLTITDALI=. PATIt~ DOMES KNOW ALL MEN BY THESE PRESENTS, CASE NO. W~-93-6 GASE NO. WS-93-1 EXHIBIT 'D' ~7,1j{„-il?Z:,p,~;, Lt 8i, J AJ~Ut-'lA'1'r5 YA.STi~TF'J~.SHIP,~t CuSss~exlu eongrat parfncrship ("llcciarant") is the owner of the following desczibeal real ytuycaty (somctimcs rcfcrred to as the "prulrcfty" Ui "Subdivision") situated in the County of 7efferson, State of Colorado, to-wit: Lots 1 through 14, inclusive, FT.tUIT)<~ALE PATIO DOMES All in the (.+onnty of TeffPrrnn, StaYr, of C:alorado. WHEREAS, Declarant desires to establish and maintain the Property as a quality residential community; and WHEREAS, in order to maintain the Prop~;rty as a quality residential community, Declarant desires to establish the protective covenants ("Protectzve COVCIlalltS°) for the Propcrty as tnoze particularly scl t'u,Ut i,eit:it,. NOW, TkIEREF01'.E, Declarant for itself, i.ts grantees, successors and assigns, does hereby declare, impose and establish the following conditions and protective covenants with respect to the Property: 1. Y.o..d Veo w+~d Jlv:td'a„g Ts.po. DTv lot lnnatnA nn the Prnltarty ("T nt") cllall }ic'. used for vlhcr than residcntittl purposcs. No building shall bo erected, sacred or placed or lv-urmittPA to remain upon any Lot other than two-family dwellingsl,':I7welling") not to exceed thirty-five (35) feet in height and a private garage to accommodate not more than three or less than two cars. Not more than one twa-family dwelling shall be constructed on any one Lot. Lots may be divided in half for purposes of conveyance and ownership such that each one-half lot (i.e. cast one-half oA west one-half) contains one-half of the two family dwelling. 2. Architectural Control. {a) Nu LuilJing, fcncc, watt, Solar panels told rclatod equipment, mailbox or otht?r struchtre (collectively "Improvements") shall be erecited, placed or altered on any Lot until the cnnstructinn plans and specifications showing the kind, shape, height, materials, floor plans, exterior color scheme, a finish grade elevation of the Improvements, a landscaping and grading plan anti a plot plan with the location of the Improvements {collectively the "Plan and Syca:ifi~ativn5") have been subntittcd to and approved in writing by the Architectural C:nntrnl ~VIII11fiLlw au W U ~~ ~uulily of uuJ 14vG.tian of on7 ov )h r*+.pro-.•o.+n P.+tA <•.~th .nc,t.+ont hn AacignatPA T of linor., and tt+o cfroct of c~~ch Improvnmcntc nn rl~,a nnttnnk from adjacent neiehborine Lots. k'urther, no modification, reconstruction, changing exterior colors, exterior remodeling, landscaping, fence installation, or other construcduu aclivily allcthlg llu exterior appcttranee of -2- the Lots or the Dwellings may be undertaken wiihout the prior written approval of the ^-rchitrctural Control C'ommrttee (tne °~ommtttee"). (b) The Committee. shall cnnsist t7f three persons. The following persons are hereby designated as the initial members of the Cununittee; Richard R. Todd, Joseph G. Craller, and James ]vl. Glover. Dach member of the Comrn'tltee shall hold offirc until such time as he or sho has resigned nr hac hrrn rr+nvnnel and Lip n, 4,r., wu;crswr has been avpointed by an affirmative vote of 75% of the record owners of Lots located in the Subdivision, with one vote allowed per Lot. The record owners of 75'~ of the 7_ctts within the Subdivision shall have the power through the proper execution of a written instrument to that effect to change the membership of the Committee or to take from the Committee or to restore to it any of its o o untii tK o responsibilities Hereunder; provided, huwnvelt, tlmt until Du;anbcr 31, r-OOi, months after J~eclarant has conveyed all Lots to thud party purchasers, whichever occurs f rst, Declarant shall have the sole right to appoint and remove the members of the Committee and to remove or restore the Committee's powers and responsibilities. (c) Whenever the approval of the Committee is permitted or required by these Protective Covenants, the Committee shall have the right to consider all of the Plans and Specifications for the Improvements or the proposal i.n duestion as well as atl other facts which the ColnnliLLec in its aulc diauicGon dc~ms to be relevant. x'rior to commencement of any construction of any Improvements within the Subdivision, two sets of the Plans and Specifications thctcfua shall lie submilted to the Comr'nittcc. After approval or rejection o£ those Plans and Specifications, one set of the Plans and Specifications shall be returned to the party submitting them and one set thereof shall be retained by the Committee. Construction of . tmprovements may not be commenced unless attd until the Committee has approved such Plans and Specilit:atiuus in wtiliny,. The Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to these Protective Covenants within 45 days after receipt thereof; provided, however, that failure to so act within that period shall not be deemed to be the Committee's approval of the submitted rPrlnpct. The C:Ctmmlttee shall approve Plans and Specifications submitted for its approval only if it deems that the construction alterations or additions contemplated thereby in the locations indicated will not be detrimental to the Subdivision as a whole, and that the appearance of any Improvements affected thereby will be in harmony with the surrounding Improvements. The Committee may also issue rules or guidelines regarding anything relevant to ifs function including but not limited to, minimum standards and procedures for the submission of Ylatts and Specifications for which approval is requested. The Committee may require a reasona~~le fee to accompany each application for approval. The Committee mny rrq„ire enrh detail in Plans and Specifseatinns submitted for its rcvie•:: 0.c well as such other inform?.tlon ac it drrn,x In alter ittcludintr but not limited t0, environmental impact statements. Until the Committee has received all required Plans and ~~ ~~ ,.~ IIJ~.LLI aLU.+I\INVI{ 1 VL11 1 V 11111 IIV~ JUJ LJJ LUUV i , uu -3- Specifications and other relevant information, the Committee may postpone review of anything submitted with the request for approval. (d) The Committee shrill meat frnm time to time as necessary to perform its dulics hcrcundcri provided, however, that in ita diceretion, the Committee may, by rrstiln~iun unanimously adopted in writing designate one or mare of its members to take any action or perform any duty for or on behalf of the Committee. Tn the absence of any such designation, the vote of a majority of the members of the Committee, or the written consent of a majority of the members of the Committee taken with or without a meeting shall constitute an act of the Committee. (e} The approval or consent of the Committee to any Plans or Specifications for any work done or proposed or in connection with as~y other matter requiring the approval or consent of the Committee shall not be deemed to constitute a waiver of any nght to,withhold approval 'or consent as to any Plans or Specifications ur other matters subsequently or additionally suUmitteti lut apptuval ut wn~cnt lV the Committee ror or vn ~u1,ut[ v[ a diPPnretrG person. (f) Inspection of completed work and correction of defects in any lmproventerits shall proceed as follows; (i} Upon the completion of any lmprovements for which approved Plans or Specifications are required wider these Protective Covenants, the owner of the Lot shall give written notice of such completion to the Committee. (ii) Within such reasonable time as the Committee may determine, but not to exceed thirty days there;ttter, the Commiaee or its duty aulltuti~c+1 representative may inspect the lmprovements. Within that time period, if the Committee finds that such work was not done in strict compliance with all approved Plans and Specifications submitted, it shall notify the owner in writing ae protvded herein of stub nnnromplianr..e~ snecifyine in reasonable detail the parliuula.rs of noncompliance, and the Committee shall require the uwnef to remedy the same. (iii) 'the Committee may inspect ail work in progress and give notice of noncomptianoc ns provided in subparagraph f(2) a64vr. 'Nn farther work shall be done pending resolution of the dispute which would hamper correction of the noncompliance of which the owner is notified. (g) Nel[ner Lne l;Umnlll'leC tiui oily n~c,ttLci Ulcxcvf ahati be tiablc to any ownor of anv Lot or to any other person or entity for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties under the Protective Covenants unless due to the willful misconduct or bad faith of the Committee or its members as the case may be. The Committee shall take :nto consideration the aesthetic aspects of CSI.'.i ~ UJ w}'.V 1J•JU I IIA IYV. JUJ LJJ LUVV lIULLCI 1"ILL)GHIJUIV IULI\ Ill -4- architcchlral designs, placement of buildings, landscax~ing, color schemes, exterior finishes and mater,a~s and sirni.lar lealures, but shall not be responsible for .reviewing nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness or conformance with luilding or other codes. ~, tsnil(ling Size arip Location. ~tdU Dwcllillg altall bo permitted on any Lot whiah (;(1Ill:iill! 1C5J lllilli 1,)VU ~uat'G PCCL df 3iving apacC C7CC1ut,iYU Uf upvtl pvAVhcs, gsrsg~ss and basements. No building shall be located on any Lot nearer to the front, side or rear lot lines than the minimum building setback lines shown on the applicable plat or as provided by law, W1111;11CVCJ is gJCCtcL, provided, however, that the Committoo may in its sale discretion grans individual variances on the same terms ana conditions as permluea by Llie applipat,lG lTUiiLling or zoning department. 4. 1asements. Easements for the installatiolt, repair, maintenance and replacement of utilities, television rahlPe anA dra'rnagP facilities tinder, over and across portions of the Lots are reserved as shown on the 'applicable plat or o1T record. Within these easements, no improvements, planting or other materials shall be placed or permitted to remain which may damage or interfere with tl~e installation, repair, maintenance and replacement of any utilities or cables or which may change the direction of flow or obstruct or retard the flow of water through drainage channels located in the easements ar through drainage channels stemming fzom the easements. lvotwitnstanding [he raregolllg, all ea~clucu4 aiCas lvcatcd on each t..ot and all Improvements constructed thereon shall be maintained conkinuously by the owner of the Lot, exCepL 7oi LIIUSe 1111pIUVCtiteetLJ Itlt, wYllt.tl a puLA~ aA!LLuaiLy va util its compnn7 io rooponnibIo. 5. Nuisance. The owner of any Lot shall not suffer or permit any noxious or offensive activity to be conducted, carried on or prackiced thereon or within any dwelling or accessory building constructed thereon, or otherwise use or employ such I,ot and Improvements for any purpose that wail rnnstitnte: an annoyance to the neiShborhood or a private nuisance, or that will detzact from the residential value, reasonable enjoyment and quality of the Subdivision, 6. 'T'eulpuiaa-y Stru(:turca. No portion of u+1y Zmprovcrxtcnt shall ba occupied as living quarters prior to the substantial completion of the cAnstruction of the entire Dwelling as evidence by a temporary or final certificate of occupancy ("CU"). All buildings must be roily completeLl and the CO issued within one (1) year fallowing the commencement of worx thereon. No structure of a temporary rharactPr, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or pclntaucnLly, Iwl-wiAlotaniling µnythin~ bcrozu w tIY++ oontrury, L¢mpora+~T ~er:l:Fiac may hp CVT1VgUCtCl1 ~LL }T!tA 1.U)r,~ AAr Iu vAn:n j~ nnlrn mY.J GYSll.lt~'LGtlOn 'ISCFOCnn01 W/.ttl Y0f_'0.T'd t0 the sale nF Lots and conStructian of Dwellings within the 5ubd~vision as long as those temporary facilities contornt to appucatlte law ana receive poor wnuen iSptJAU Val r1V1II nAG LiVIAAAAIttLW aAl Lhv n+nnnor provided in paragraph 2 hereof. 7. Signs. No signs of any kind shall be dis}>layed to the public view oil any Lot except signs used by the l7eclarant or its authorized designyes, successors and assigns to advertise the -5- 9 uL<fiviaivu <~, Zn,w d<rrinE, the oonotr<.okion and oaloa khoroofi pro•:idod that +ha naymar of parh ~~ Lot may display one (1) sign of not more than Gvt: ac]uare feet advertising such Iqt and the Improvements located thereon for sale or rent. No advertlsmg tags may be used by Derlaraut, i.1s anthnri~rA APCignrec, CL1cccesnrR nr asat.ens, or by an owner of a)'_.ot. Any other signs shall require the prior written approval of the Committee as provided in paragraph 2 hereof. 8. Oil and Mining operations. No oil drilling, oil development operations, oil refining, quarrying oz mining operations of any kind shall be permitted upon or in any Lot. No oil wells, tanks, tunnels, mineral excavations or shaf[s, demcks or utl]er structures designed for use in boring fnr nil, nahlral gas or other minerals shall be erected, maintained or permitted upon or within any Lut. 1'hG foregoing restriction shall apply equally to any equipment or acuvtues t:umlecacu wllll iLe th llll„g a~t1 yam. 11,wn+ok ldn<n.m4.+t of wollu •a9od to ooowro «•okor. 9. Livestock and 'Poultry. No animals, livestock or poultry of any kind shall be raised, brod ox icopt on a•+y 1_otl pro•.•idod, ho<vovcr thot AnmactiratP(1 Angc, Hatt anfl nther common household pets may be kept so long as they are not kept, bred or maintained for any commercial purposes. 10. Garbage and Refuse Disposal. No Lot shall be used or mailtained as a dumping ground for rubbish, trash, gal;bage or other waste. All such items shall be kept In approved sanitary containers located on the Lot so long as they in no way interfere with the overall beauty and reaSOnable erijoymerit of the ocher I.otu l()t:aU;d witltill lltc Subdivision. Ho exterior incinerator shall be permitted on any Lot. All equipment for the lawful storage or d']sposal of garbage and refuse shall be kept in a clean and sanitary condition. No weeds snail be pernuttea rn grow ullnn any ]oi at a UCigln iu cacea~ ~f din ,u~t,~s ox as provided by app]ioa]~1e law, whichever is less• Further, the owners of each Lot located within the Subdivision shall use renconable elFfnrtc in nrrlPr to maintain their T.nts in conformance with these PXOtective Covenants, as well as in confarmance with reasonable and accepted practices im order to maintain the overall beauty of the Subdivision. Noty/ithstanding anything to the contrary in the foregoing, the Tle~laranr may store. building material ,upon the Property durin>; the construction of dwellings on Lots. l 1. 'Vehicles. No vehicles other than four-wheel automobiles shall be permitted to be p0.rteod on aety Etr06L5 adjoining Lots and uyux, xny ! ~!1 wi11i1n rhr. `;nHetvislon. Ttxia rn~~ai~tlv~. shall apply to recreational vehicles, boats, motc~.rcycles, campers, vans, hauling trucks, commercial-type vehicles, trailers and mobile home:;, Any prohibited vehicles may be Parked or 5rored Unly in gat arcs. Ot11c, wino lhoy shall be it.pt off the I'roporty in a commercial LWrebr fariiity nr other Place arranged by the Owner. L.. Commercial Use. No business, buillliug, ufachinr. shop or other industrial or commercial structure or building devoted to comme]~cial or public enterprise shall be erected or used un any T.ul ald 11V liusinoss which attracts any cuatomere or clients to a Lot shall ha. condncled or carried on or practiced upon any Lot or within any Awelling or accessory building ,~, ., :1J W~V lJwtl IIULLCI nLU1Li11 JUIY I VLh 1 V I lu+ u~l, JUJ LJJ LuuV -6- censtr!lcted thereon; provided, however, that tits Declarank, its successors an assigns may erect buildings for use in developing and marketing the Subdivisiun uld Lots. _ 13. Intersections. No fence, wall, Improvement, hedge or shrub planting which obstructs sight lines at elevations in excess of three feet above the elevation of the lowest point of the crown of the adjacent roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by measuring from the point of intersection of the front and exterior side Lot lines a distance of 25 feet along the front and side lines along platted Collector streets, connecting the points to be established to form a triangle on the area of the Lot adjacent to the intersection. 'T'Ite same sight line limitations shall apply to any Lot within ten feet from the intersection of a street property line with t}te ed„e of a driveway or alley pavement. No trees shall be permitted to remain within such distancz of such intersections unless foliage lines are maintained at sufficient height to prevent nhctrnctfinn of S11Ch sight line. NotWlihstanding anything to the contrary in the foregoing, the provisions of this Section shall be subject to any applicable laws. 14. Motor Vehicle 12epairs. No motor vehicles, campers, trailers, boats or recreational vehicles shall be rebuilt or repaired, except in the garage area or in the driveway of each Lot and under no circumstances shall Such repairs be performed if the same results in Creation of an unsightly or unsafe condition as determined by the Committee in its sole discretion for a period of longer than 24 hours. 15. Public Service Company of Calarado 'T'ariffs. All Lots shall be subject to and ty~untl Uy the Public Sc,vicc Company of Colorado ("PSC") tariffs which are eo,v and may in the future be filed with the Public Utilities Commissic•n of the State of Colorado relating to street lighting in [he Subdivision, lugcther with talcs, rules and regulntions therein provided and subject to all future amendments and changes thereto. Any and all owners of Lots shall pay as billed a portion of the cost of public street lighting in the Subdivision in accordance with the rates, rules and regulations not in effect and as hereafter amended by PSC, the same to be filed with and approved by the Public Utilities Commission of the State of Colorado. 16. hencing. No fence or exterior wall shall be erected, placed or altered on any Lot ncarcr to any strcct tl,on the rst watl'Or' xhe Dtvelltr+g err~lr~l tn, ,1,~ T.•,I. T'++rthcr, no such fencing shall exceed 72 inches in height or as allowed by applicable law whichever is lesser. Any and nil fonoins materials for and designs of fNnr,ps to hP lnr•AtPtl Within the SUbdiVlSlori Shall be approvcd by the Committee prior to installation in accordance with l,aragraph 2 hereof. 17. T.andscaping. All portions of a Lot not used for Improvements shall be landscaped utilizing "Iong-lived" ground cover, sod, shrubs, tees and other materials. Short-lived and nontivan~ durable landscape materials may be utilized only as a supplement to tong-lived elements. Every I.ot improved with a Dwelling shall be landscaped as approved by the Committee within one year after the occupancy or completion of such Dwelling as evidenced by the CO, whichever occurs first. Once installed, the'(andscaping of each Lot shall be maintained in a neat, attractive, sightly and well-kept condition which shall include mowed laws, trimmed l'IUI:- .~PJJ WGU 1J'4U IIULLI:1 IILULIU VVIV t VLi~ ~ V ~ ~w nv. w.. ....... ~...... ~ .~ _7_ hedges, adcmrate watering, replacement of dead, diseased or unsightly materials, removal of weeds and debris and appropriate pruning of plant materials. 18. Reflective Glass. No reflective glass windows or glazing shall be utilized in any - Tmprovements constructed within the Subdivision. 19. Citility Cannections. All utility connections installed in the subdivision, including al! electrical and telephone connections and instal''ations of wires to buildings, including television, miczowave or radio connections, shall be made in a manner approved by the Architectural Control Committee; provided, however„ that during the construction of a building structure, the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of that construction. Zt7. Mechanical Equipment. No heating, air;;onditioning, electrical or other equipment shall be installed on the roof of any building or structure or hung on exterior walls unless it is enclosed, screened, covered and installed so as to be an integral part of the architectural design of the building to which the equipment is attached and shall first have been approved in writing by the Committee in accordance with paragraph 2 hereof, except that transformers and gas, electric, water or other meters of any type may kae hung on exterior walls without being enclosed, screened, covered or installed so long as the same have been approved by the Committee. Notwithstanding anything in the foregoing to the contrary, solar energy collectors or panels, if used, may be installed on the roof of ally building or structure or in any exposed location if harmonious with the surrounding environment and if approved prior to installation in writing by the Committee in its sole discretion in au:urdance with paragraph 2 hereof. 21. Height Restrictions. No Improvement, building or appurtenance shall exceed the heights permitted by applicable ordinances, rules or regulations or 35 feet in height measured from the front elevation thereof, whichever is less. 22. Enforcement. The Protective Coverlauis herein contained shall run with the land and shall be binding upon and inure to the benefrt of the Declarant and the owners of every Lot on the Property. These Protective Covenants may bc; enforced as provided herein or as allowed by applicable law or in equity by each .owner of a l.ot, the Committee or by Declarant acting for itself and as trustee on behalf of all the owners. By acquiring an interest in a Lot, each owner hereby appoints Declarant and the Committee as its irrevocable attorney in fact for such purpases. Violation of any covenant, condition, restriction or reservation contained herein shall give to Declarant, the Committee and to each owner of a Lot the right to bring suit at law or in equity against the party or parties violating or intending to violate any such covenants, conditions, restrictions or reservations, to enjoin them from so doing, to cause any such violation to be remedied ~r to *rrnvPr damages resulting from such violation. In addition, violation of any condition, covenant, or restriction or reservation herein contained shall give to Declarant or the Committee the right to enter upon the portion of the Property wherein that violation exists nULLL' I ttLDCtYIJUIV 1 ULI1 I V 1'11!1 IYU~ JUJ LJJ LUUV I ~ 1 1 _&_ and to summarily abate and remove at the expense of the owner any structure, thing or condition that may be or exist thereon wntrary to the intent ar.d meaning of the provisions hereof. No such entry by Declarant, the Committee or their agents shall be deemed a trespass and the Declarant, the Committee ,and their agents shall not be subject to liability to the owner of the Lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any owner of a i,ot in violation of any provision of these Protective Covenants. In any Iegal or equitable proceeding for the e1forcement of these Protective Covenants ar any provision hereof, whether as an action for injuzzctive relief, declaratory relief or damages or any other action, the party pxPVailing in each aci.mn shall be entitled to recover from the losing party all of its casts, including court costs a,~d reasonable attorneys fees, The prevailing party shall be entitled to attorneys' fees even though the proceeding may be settled prior to judgment. All remedies pravided herein or at law or in equity shall be cumulative and are nonexclusive. • 23, Term. These Protective Covenants shalt. run with the title to the Property and the Lots and shall be binding upon all parties claiming under them until December 31, 2025, after which time these Protective Covenants shall automatically be extended fur successive period of ten years each. These Protective Covenants may be amended by an Instrument executed Ly nt le<zst 75% of the record owners of Lots within the Subdivision (allowing one vote per Lot) and any amendment shall he recorded wlth rhr. C"lPrk and Recorder of the County Of Jefferson, State of Colorado, provided that until December 31, 2001, or until Declarant has conveyed all Lots to third party purchasers, whichever occurs first, these Protective Covenants shall not be amended without the prior written consent of Declarant. 24. ,Assignment of Declarant°s )(tights an•d Duties. All or any part of the rights, powers and reservations of Declarant herein contain~,d may be assigned by Declarant in whale or in part to any person, corporation or association, including the Committee, which will assume any or all of the duties of Declarant hereunder. Upon any such person, corporation or assuciati~n evidencing its consent in writing to neeepc such aesignment, the assignee shall, to the extent of such assignment, assume Deciarant's du:;ies hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. At the time Declarant has convl~yed all Lots to third party purchasers or relinquishes its rights and duties under this Declaration, then and in that event Declarant shall assign all rights and duties to the Committee. Any such assignment shall be recorded. Upon any such assignment, and to the extent thereof, Declarant shall be relieved from all liabilities, obligations and duties so assumed and assigned. The term "Declarant" as used herein includes all such assignees and their heirs, successors and assigns, ^_5. Rnn ~t'ith the Land. All covenants, ~a,tdltitwc, restrictions and aereements herein contained are made for the direct, mutual and reciprocal benefit of each and every Lot, shall create mutual equitable servitudes upon each Lat in favor of every other Lot, shall create reciprocal rights and obligations between respective owners of all Lots and privity of contract °9- and estate between grantees of said Lots, their heirs, successors and assigns; and shall as to the owners of each Lot, their heirs, successors and assigsts, operate as covenants running with the land for the benefit of all other Lots. 26. Liability of Declarant. Neither the Declarant nor the Committee, their successors or assigns, nor any venturer, officer, director, member, agent or employee of any of them shall be liable to any party for any action or failure to act with respect to any matter governing these Protective Covenants. Every owner or occupant of aray of the Property by acquiring its interest thexein agrees that it will not bring any action or suit against Declarant or the Committee to 1ltiV VlrA any such damagca or ooolc ocloikabto relief ba ^.auce 4f tlf? ca mP 27. Notices. All notices or other communications regwred oy these Prorective Covenants shall be given in writing and shall be served on the parties as follows: The mailing of a notice or other communication by certified mail, postage prepaid, return receipt requested, addressed to a party at its address registered with the Committee or at any other address which has been furnished in writing to the Committee as a notice in conformity with this paragraph shall be deemed sufficient service and shall be deemed duly made, given and delivered as of the date of mailing. 7R Tn9rrpratatinn. The terms and conditions of these Protective Covenants shall be construed as severable. Should any one or more of them for any xeason be declared voidable, void or lcgnlly uncnforocable, then and In such evert, any and all nther Provisions Contained herein which are not directly negated, modified ur lar any way altered thcxeby shall remain in full force and effect. DAT)/l7 at Arvada, Colorado, this play of , 1993. R & J ASSOCIATES PARTNERSI-11P 13y: B Richard R. Todd, Partner Joseph R. Graller, Partner Y !v IJ IIV LLL\ a.LUUlllu~..• 1 ~. ri. . r ..... ..u. Yvr rv~ uu vim- - ~10~ STATE OF COLORADO ) SS. COTJI~7TY OF ) T~1C rUl C(y'V~IIb' AllalA UIIIGfIt WG`J aL lU1CaW 1CC1~`rCl ttC.f[•3'C f5.1C 11119 day of , 19_, by Richard R. Todd as Partner of R Bc J Assl~ciates Partnership. tviy commission expires: Notary Public STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 19_, by Joseph R. Grader as Partner of R & J Associates Partnership. My commission expires: Notary Public CONSENT OF MORTGAGEE James M. Glover, mortgagee of the Property described in the foregoing Protective Cwouauts 1wi~.Ly cuno~nta to, nctmon-lcdgca and ngrooo to bo fully bound by the Fnzefrning Protective Covenants. J~Imes M. Glover STATE OF COLORADO ) SS. COTTNTY OF } The foregoing instrument was acknowledged before me this ^ day of , . I9_, by Joseph M. Glover. PY4y commission expires: l~fotary Public _~ ASE NO. W~-93- ' ~'~ ASE NO. WS-93-1 Z i~~~ ~ EXHIBIT 'E' 950D WEST 29TH AVENUE - ~ -- _ - - - - The Cit of - P.O, BOX 638 _ ~ _ Y - WHEAT RIDGE. CO 80034-0638 (303) 234-5900- ~L eat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2945 ~ld(re October 8, 1993 Mr. Cliff McKissack Willy McKissack 5151 Ward Road, Unit 3 ~~ Wheat Ridge, CO 80033 RE: Drainage report and street plan f r Fruitdale Patio Homes 10800 W. 45th Avenue =--= - Dear Mr. McKissack, The revised plans referenced above, dated September 28, 1993, have been reviewed and hereby approved for construction. In addition, I would like to go over some pertinent information regarding the construction of this development. o The construction of the proposed utilities, streets and drainage facilities shall be completed prior to the issuance of the first building permit of the subdivision. o Erosion control shall be implemented and maintained during the construction stage. o All utility service lines shall be extended or stubbed out to the property line. This is to prevent utility cuts in the new streets after their construction. o All street and drainage improvements shall be built in compliance with the approved plans. o The approved drainage and street plan sheets shall be a part of the' construction documents, plans and specifications for the proposed development. Upon completion of the proposed development, Willey McKissack shall provide the City with a letter of certification stating that the various features in the drainage plan have been surveyed to verify their construction in accordance with the approved plan. The certification letter shall be written and stamped by the engineer who prepared the drainage report and shall be submitted prior to the issuance of the first building permit of the subdivision. V Rrq Ard Pape, Mr. Cliff McKissack October 8, 1993 Page 2 Please do not hesitate to contact me at 235-2862 to discuss any matter regarding this letter. Respectfully, ~,~,-_ Steve Nguyen, P.E. Civil Engineer cc: Bob Goebel, Director of Public Works Glenn Gidley, Director of Planning John Oss, Senior Project Engineer Greg Knudson, Development Engineer Richard Todd