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HomeMy WebLinkAboutANX-98-03i. I a ' m a A ` ~ a 1 0 0 m jo m o O U V zw o¢ N Y ~ U] LL ¢x in I w O w -4 J ~o u F J w ~ 1' ¢ O a N I O O > Ifl D m O U H Q 0 Q a. . O ' 3 ru = x w Cf" J 10 N U y~ t L7 r p 1 01 .0h 1 00 qZZ3. U a Q N LO a o m o F N 1 J a 10 N W O LL 0 ~ W ~ # O o w U U O w e ^ C e (wj Qcr Z F W W LL A O~A ¢ e YY _ 0 , < yy ~VV O U < m O_ JaJa 0 -W ..rrrrrrrrrrrrrr~rrrrrrrr~ n l77_ 3 INTRODUCED BY COUNCIL MEMBER Council Bill No. 12 Ordinance No. -1116 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 2 OF THE 44`h INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44T" AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City Council of the City of Wheat Ridge, Colorado, written petition for annexation to and by the City of Wheat Ridge, Colorado, of that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and situated, lying and being in the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the owners of more than fifty percent (50%) of the Property have petitioned for annexation; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has conducted a public hearing as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City of Wheat Ridge, Colorado. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, '-'COLORADO: Section 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, situated, lying and being in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and therefore, and is hereby approved and made effective. Section 2. Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the City of Wheat Ridge. Section 3. The City Council hereby approves the Annexation Agreement which is attached as Exhibit C. Section 4. Upon the effective date of this Ordinance the Property shall become subject to the laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 5. The City Clerk shall file for recording one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on thisl3thday of April , 1998, 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 May 11 1998, at 7:00 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 8 to 0 , this 11th day of may , 1998. SIGNED by the Mayor on this 12th day of May , 1998. ATTEST: , Wanda Sang, City Clerk Published: Ist Publication:. 2nd Publication: Ordinance No. 1116 Wheat Ridge Transcript April 17, 1998 May 15, 1998 CER Page 2 ( I EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS 589'23'23"W A DISTANCE OF 200.00 FEET; THENCE, 589'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION.19, SOO'22'26"W A DISTANCE OF 275.38 FEET. THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET: THENCE, N76'06'56" A. DIST2rkNCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SCCIION 19; THENCE. ALONG SAID NORTH-SOUTH CENTER SECTION LINE, ;400'08'tiYW A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50 A RADIUS OF 995.00 FEET AND A CHORD BEARING OF 1480'22'35"E; TIiC1.CC. ALONG SAID ARC A DISTANCE OF. 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, 572'10'27"E A. DISTANCE OF 1093.17 FEET, AND TO THE LAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING. CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. 41) 1?- 3 INTRODUCED BY COUNCIL MEMBER Dal her Council Bill No. 11 Ordinance No. ill 5 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT. RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 1 OF THE 44th INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City Council of the City of Wheat Ridge, Colorado, written petition for annexation to and by the City of Wheat Ridge, Colorado, of that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and situated, lying and being in the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the owners of more than fifty percent (50%) of the Property have petitioned for annexation; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has conducted a public hearing as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City of Wheat Ridge, Colorado. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, situated, lying and being in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and therefore, and is hereby approved and made effective. Section 2. Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the City of Wheat Ridge. -r - Section 3. The City Council hereby approves the Annexation Agreement which is attached as Exhibit C. Section 4. Upon the effective date of this Ordinance the Property shall become subject to the laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 5. The City Clerk shall file for recording one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 3th day of April , 1998, 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 May 11 , 1998, at 7:00 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 8 to 0 , this 11th day of May 1998. SIGNED by the Mayor on this 12th day of_ May , 1998. QR TCHEN CERVENY, MA ATTEST: V Wanda Sang, City Cler-k~ APP AST B CIT ORNEY GERALD DAHL, CITY ATTORNEY Published: 1st Publication: 2nd Publication: Ordinance No. 1115 Wheat Ridge Transcript April 17, 1998 May 15, 1998 Page 2 EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:' BEGINNING AT A POINT FROM WHENCE THC CAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALOr.r Sl,ID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET: THENCE, UCPARIINt_ FROM SAID RIGHT OF WAY, N1 2'43'20"W A DISTANCE OF 8..Q00 FEET TO TFiE NOR'iHCRLY RIGHT. OF WAY OF WEST 44TH AVENUE, AND A CURV TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEE1 AND A CHORD BEARING OF N83'46'40" E: THENCE. ALONG THE ARC OF SAID CURVC A DISTANCE OF 334.10 FEET; THENCE. 589'43'20"E A DISTANCE OF 530.94 FEET: THENCE, DEPARTING FROM SAID RIGHT OF WAY, SOO'05'46"E A DISTANCE OF 199.94 FEET:' THENCE. S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20: THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, S89'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR. 22.57 ACRES, MORE OR I ) _ ) 3 ) ] P < W <o ~o =a a;o zu a =a < Q o `a d =o 4C Q M to •V <u Q = 1 .y c s Y v'"3 C~ min 1 t3 ~e(7u "S.cL rt mw a nJ I + I 3 sv:r Ej^ a ~T-! .~T•T'O aT I a~3 ~ L•! wxt ^ S u 11 t ' b. 1 k I 1 CY Ixl 1 , IB 1~ x I i1 a. ~ } 1 I r o" Aj!j' r' ~Cr y, 'SI }w>~ 1 avYY: 5,~ ~ ~ .K ^3f51 ..ifJ S \ Yi I-Z a~ l 1 ^ \ KY EXHIBIT "C" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this 11th day of May , 1993, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Tom Hartley or his assigns (hereinafter referred to as the "Landowner"). PARCEL 1 WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule municipal corporation; possessing all of the powers and authorities granted to it pursuant to Article XX of the constitution of the State of Colorado, the Home Rule Charter of the City as adopted by the residents and electors of the city, and those State Statutes applicable to the City, which statutes include the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seg.; and Whereas, Tom Hartley is the Landowner of that certain real property which is identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which is eligible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowner of the property described in Exhibit A, wishes to have the same annexed into the City, subject to all of the terms and conditions set forth herein; and Whereas, the City and the Landowner wish to set forth in this Annexation Agreement all of the terms and conditions which shall be applicable to the annexation of said property into the boundaries of the City, and which shall, pursuant to the terms hereof, govern certain aspects of the relations between the parties from and after the time of said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1: A reement Re ardin Zonin . The property described in Exhibit A shall be re-zoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. a. The property, which consists of 50 acres more or less, shall be zoned Planned Industrial Development (PID) with all permitted uses as listed in Exhibit B of the Ordinance zoning the property. Section 2: Roadway Improvements The Landowner agrees to the following roadway improvements associated with this annexation: 44" Industrial Annexation Agreement Page I Parcel l a. Prior to the issuance of building permits, but not including grading permits, a left turn lane for %vest-bound 44' Avenue into the project entrance and accel/decel lanes for east-bound 44" Avenue into the project entrance shall be constructed at the sole expense of the applicant. b. Should a fuel station and/or convenience store be proposed for any lot within the project area, a traffic study shall be prepared at the applicant's expense, which meets with the approval of the City's Director of Public Works, which study shall address the need for a signal at the intersection of the project's internal roadway and West 44'h Avenue. If a traffic signal is warranted, it shall be installed at the expense of the applicant and or subsequent owner/developer of said fuel station/convenience store lot prior to the issuance of building permits for said lot development. C. The applicant shall align the intersection of 44 h Avenue and the interior roadway with the entrance to the Mount Olivet Cemetery. d. The applicant shall dedicate an additional 10 feet of right-of-way for 44'h Avenue along the entire south side of 44" Avenue adjacent to the subject properties. Said dedication shall occur at the time of recordation of a Final Plat for the project area. Section 3: Other Commitments a. All comments and conditions of the City Public Works Department shall be met prior to recordation of the Final Plat. b. A four foot wide continuous sidewalk along the entire length and only on the north side of the interior roadway shall be constructed within the subdivision. C. Prior to recordation of the Final Plat, incorporation of a plat note stating that all buildings shall include a sprinkler system which meets the approval of the Fairmont Fire Protection District. d. The applicant shall meet all requirements of the Fairmont Fire Protection District including but not limited to the District's letter dated April 16, 1998. e. Prior to recordation of the Final Plat, incorporation of a plat note which states that no parking shall be permitted in the right-of-way of the interior roadway. f. Prior to recordation of the Final Plat, the applicant shall submit a commercial property owners association document which adequately addresses, a.) the maintenance of the open space, b.) the fencing adjacent to Highway 58, c.) the entry monument/signage adjacent to 44'h Avenue, and d.) the maintenance of the no parking signs. g. Prior to the issuance of any building permits, the developer shall be required to install no parking signs along both sides of the interior roadway generally located Agreement Page 2 adjacent to each side lot line. Exception to this shall be at the immediate comer of the interior roadway and 44`h Avenue. Maintenance of said signs shall be the responsibility of the commercial property owners association. h. The applicant shall be responsible for all public improvements. Said improvements shall meet the approval of the City's Public Works Director. Section 4: Vested Rights. The Landowner agrees to waive any and all rights which have vested as to the annexed property prior to the date of annexation approval by the City Council of the City of Wheat Ridge. Section 5: Provision of Water and Sewer Services. The Landowner acknowledges and understands that the City of Wheat Ridge does not provide water and/or sewer services. The Landowner shall be solely responsible for obtaining such services through Colorado special districts, or by private contract, and acknowledges that the City has no responsibility whatsoever to provide said services. Section 6: Contingent Nature of Agreement. This Agreement is expressly contingent upon the fulfilling by both Landowner and the City of all actions which are necessary to annex all of the property described in Exhibit A. If the annexation of all of said property, subject to all of the terms and conditions of this Annexation Agreement, is not accomplished, the City shall be obligated to disconnect any portion of the property previously annexed into the City upon receipt of a written demand from the Landowner that said disconnection action take place. Section 7: Enforcement Remedies. a. The Landowner may enforce against the City through any equitable action, including the seeking of injunctive or mandatory injunctive relief, all of the provisions of paragraphs 1,2,3,4,5 and 6 hereof. b. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs I and 2 above shall be applicable to and enforceable against the Landowner or his successor, in the same manner as the same are enforceable against any other property owner within the City. Section 8: Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City Council. Section 9: Binding on Successors. This Annexation Agreement, and each and every provision thereof, shall be fully binding upon each of the parties hereto, as well as any heirs, successors, or assigns of either party. Section 10: Entire Agreement. This Annexation Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal wv tnuustnai Annexation Agreement - Page 3 Parcel I understandings which may have been reached between the parties prior to the execution hereof. Section 11: Amendment. This Annexation Agreement may be amended only upon a writing signed by each of the parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowner. ATTEST: WANDA SANG, CITY ERK . APPROV D AS TO FORM: Gerald Dahl, City Attorney 44" Eldridge, LLC LANDOWNER Tom Hartley, Manager CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation B Q TCHEN CERVENY, MA OR I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this day of 1998. SEAL: NOTARY PUBLIC My Commission Expires: 44' Industrial Annexation Agreement Page 4 Irarcel I *?V -3 PUBLIC HEARING NOTICE Notice is hereby given that the Wheat Ridge City Council adopted the following Resolution setting a public hearing to consider the annexation of the property known as 44th Industrial Park. RESOLUTION NO. 1657 A RESOLUTION SETTING A HEARING DATE FOR THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS 44th INDUSTRIAL PARK LOCATED APPROXIMATELY AT 13500 W. 44TH AVENUE (GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, EAST OF ELDRIDGE STREET AND WEST OF I-70) IN THE COUNTY OF JEFFERSON. The City Council of the City of Wheat Ridge, Colorado Resolves: The City Council finds that a petition for annexation of certain territory more particularly described herein and to be known as the 44th Industrial Park, filed with the City Clerk on March 6, 1998, is in substantial compliance with Section 31-12-107(1), C.R.S., and that a public hearing should be held to determine if the proposed annexation complies with Sections 31-12- 104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of Section 21-12-101, C.R.S., et seq. Parcel 1: A parcel of land in Sections 19 and 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at a point from whence the East quarter corner of said section 19 bears S89'23'23 "W a distance of 200.00 feet; Thence N72 ° 10'27"W a distance of 1093.17 feet to the Southerly right-of-way of West 44th Avenue; Thence along said right of-way, N77 ° 16'40"E a distance of 1347.60 feet; Thence, departing from said right-of-way, N12°43'20"W a distance of 80.00 feet to the Northly right-of-way of West 44th Avenue, and a curve to the right which has a delta of 13'00'00", a radius of 1472.50 feet and a chord bearing of N83 °46'40"E; Thence along the arc of said curve a distance of 334.10 feet; Thence S89°43'20"E a distance of 530.94 feet; Thence departing from said right-of- way, S00°05'46"E a distance of 199.94 feet; Thence S64°20'29"W a distance of 33.20 feet; Thence S31 °24'20"W a distance of 609.82 feet to a point on the East-West center section line of said Section 20; Thence along said East-West center section line S89°23'23 "W a distance of 771.24 feet to the point of beginning containing 983,105.52 square feet or 22.57 acres, more or less. Parcel 2: A parcel of land in Sections 19 and 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at a point from whence the east quarter corner of said section 19 bears S89°23'23"W a distance of 200.00 feet, Thence S89°23'23"W a distance of 200.00 feet to said east quarter corner of said section 19, Thence along the east line of said section 19, SO0°22'26"W a distance of 275.38 feet, Thence S87°15'49"W a distance of 2456.00 feet; Thence N76°06'56" a distance of 200.16 feet to the North-South center section line of said Section 19, Thence along said North-South center section line, N00°08'43 "W a distance of 278.94 feet to the southerly right-of-way line of 44th Avenue and a curve to the left which has a Delta of 06'11'50" a radius of 995.00 feet and a chord bearing of N80 °22'35"E, Thence along said are a distance of 107.62 feet, Thence N77'1 6'40"E a distance of 1745.72 feet to the City of Wheat Ridge Boundary, Thence departing from said right-of-way along said Wheat Ridge Boundary S72'1 0'27"E a distance of 1093.17 feet and to the East-West center section line of said section 20 to the point of beginning, containing 1,307,506.54 square feet or 30.02 acres, more or less. The City Council hereby sets a public hearing for annexation and rezoning on May 11, 1998, at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and directs the City Clerk to publish and give notice as required by State and City laws. Done at a regular meeting of the Wheat Ridge City Council held on March 23, 1998, and approved by a vote of 8 for 0 against. Barbara Delgadillo, Pl 'ng Secretary ATTEST: Wanda Sang, City Clerk Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Published: Wheat Ridge Transcript 1st Publication April 3, 1998 2nd Publication April 10, 1998 3rd Publication April 17, 1998 4th Publication April 24, 1998 Resolution No. 1657 Series of 1998 A RESOLUTION FINDING A PETITION FOR ANNEXATION OF TWO PARCELS OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to and by the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was presented to and filed with the City of Wheat Ridge, Colorado; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the written petition for annexation to determine whether there has been substantial compliance with C.R.S. 31-12- 107(1); and WHEREAS, the City Council of the City of Wheat Ridge, Colorado has satisfied itself concerning the substantial compliance of the written petition for annexation to and by the City of Wheat Ridge, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12- 107(1). Section 2. A public hearing on said annexation petition will be conducted on the 1 lth day of May, 1998, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80215, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 313-12-105 or such part thereof as may be required to establish eligibility udder the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Resolution No. Page 2 Section 3. Any person living within the area proposed to be annexed, any landowner of lands thereof, any resident of the municipality to which the areas is proposed to be annexed, any municipality located within one mile of the proposed annexation, or the Board of County Commissioners of Jefferson County, may appear at said hearing and present evidence upon any matter to be determined by the City Council. RESOLVED AND PASSED this? 3rd day of 1998. CITY OF WHEAT RIDG , " LORADO tchen Cerveny, Mayor ATTEST: 1~v Gr,lr;6 Wanda Sang, City C2 d:\...\ccrpts\reso-ord\harthrg l .res 1st Publication: April 3, 1998 2nd Publication: April 10, 1998 3rd Publication: April 17, 1998 4th Publication: April 24, 1998 WHEAT RIDGE TRANSCRIPT ANJC EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83'46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, 589'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, SOO'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR 22.57 ACRES, MORE OR LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS 589'23'23"W A DISTANCE OF 200.00 FEET; THENCE, 589'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, S00'22'26"W A DISTANCE OF 275.38 FEET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF. 06'11'50", A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35" E; THENCE, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF . SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. ANNEXATION CASE NO. ANX-98-3 ;j - T I ism C1,aA ~Y ' JV-" L . -AVF - ~ i I :1 11 nnrt ~ . wk MOt1Ni L C NM- - , S ATE IN /.On!ewoo0 /\(]pf fom sc i J n fl / 20, i n.; VICINITY MAP SCALE: 1" = 2000' lb- N PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: 44TH INnI1tTRiAI PARK The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. I. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed; B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context if appears appropriate, each term stated in either the singular or plural will include the other, and pronouns stated in either the masculine , feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned 12345 West. Alameda All of the private 3 - y Lakewood, CO 80228 property in this request AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of .4 pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circ ator ROGER N. VENABLES STATE OF COLORADO ) )ss COUNTY OF ) The foregoing Affidavit of Circulator waA subscribed and sworn to before me this day of 199E, by )roq t~ 7/ My Commission expires: r lse~ Notary R blic 17 (SEAL) ,.'!I y- (S- 7 Resolution No. 1665 Series of 1998 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF -A PARCEL OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3, SOUTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as 44`h Industrial Part: Parcel 1,'and hereafter described in Exhibit A which is attached hereto and made part hereof, and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted in accordance with the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, is required to set forth its findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. A service plan for that area encompassing'the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 31-12-105(1)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous with the existing boundaries of the City of Wheat Ridge as required by law. Section 3. A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous. tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof, b. No land in the territory to.be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C. No proceedings have, been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- 111. RESOLVED AND PASSED this 11th day.of May 1998. retchen Cerveny, Mayo . ATTEST: Wanda Sang, City Clerk c:\planning\roms\anncx\findings.res c /)y X 17 7- -3 Resolution No. 1666 Series of 1998 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3, SOUTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as 44" Industrial Park, 'arcel 2; and hereafter described in Exhibit A which is attached hereto and made part hereof; and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted in accordance with the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, sitting as the governing body of the City of wheat Ridge, Colorado, is required to set forth its findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE; COLORADO, AS FOLLOWS: Section 1..A service plan for that area encompassing the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 31-12-105(1)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous with the existing boundaries of the City of Wheat Ridge as required by law. Section 3. A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5._ The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tar purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C. No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 1 1. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 3) 1-12- Ill. RESOLVED AND PASSED this 11th day of May 1993. ATTEST: Wanda Sang, City Clerk Cerveny, Mayor Op I anning\forms\annc <lrind ings. res EXHIBIT A LEGAL DESCRIPTION -PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, S89'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF. SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION' 19. S00-22'26"W A DISTANCE OF 275.38 FEET, THENCE, 587'15'49"W A DISTANCE OF 2456.00 FEET; THENCE. 1476'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SEC11ON 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE. NO0'08'43"W A DISTANCE 01' 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50", A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THCNCC. ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE. N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, 572'10'27"E A DISTANCE OF 1093.17 "FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. z<- WHEq CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building May 11, 1998 ORN The Regular City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle.Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES of April 27, 1998 Motion by Mr. Eafanti for the approval of the Minutes of April 27, 1998; seconded by Mr. Mancinelli; carried 8-0 with Mrs. Worth changes to page 6. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the following Proclamations: National Cancer Survivors Day June 7, 1998 Foster Care Month May, 1998. She then recognized five teams-of "Odyssey of the Mind", which were present at the meeting. They were from Wheat Ridge High; Everitt Middle School; Wheat Ridge Middle School; Stevens Elementary School; Wilmore Davis Elementary School. CITIZENS' RIGHTS TO SPEAK Five students from Martensen Elementary School presented petitions and asked that the sidewalk program for Martensen be moved up from the year 2001 to 1998 because of safety issues and concerns. Dan Hatrop, secretary for the Eastern Rockies Rugby Football Union, cited the accomplishments of the Wheat Ridge High School players who were the 1998 State Champions, and asked for financial support of either the City or private parties. CITY COUNCIL MINI S: May 11, 1998 Page 2 Motion by Mrs. Worth that the City of Wheat Ridge support this Rugby Team for $2,500 from the General Fund fund balance and adjust the budget accordingly; seconded by Mr. Siler. Mrs. Dalbec will abstain because her son plays on this team. Mr. DiTullio will vote no because we already gave out $20,000 this year and another $20,000 of in-kind services, we have to draw the line on giving out taxpayers money. Motion carried 6-1 with Mrs. Dalbec abstaining and Mr. DiTullio voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 14 - An Ordinance vacating a portion of west 33`d Avenue (Case No. WV-98-1) within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 3294 Pierson Street and 3295 Parfet Street. Council Bill 14 was introduced on second reading by Mr. Eafanti; title read by the Clerk; Ordinance No. 1114 assigned. Mr. Middaugh gave brief overview of the case. 1 Motion by Mr. Eafanti that Council Bill 14 (Ordinance 1114), a request for approval of a right-of-way vacation for West 33`d Avenue extended between Pierson Street and Parfet Street, be approved for the following reasons: 1. It is not needed for emergency vehicle access. 2. A pedestrian connection between Pierson and Parfet will occur on school district property. 3. The evaluation criteria support approval. With the following condition: Vesting occur with property owners to the south; seconded by Mrs. Shaver; carried 8-0. 'Mr-:2• Consider annexation of properties at 13500 West 44th, generally known as the 44th Industrial Park. A. Findings of fact regarding annexation. 1. Resolution 1665 - making certain Findings of Fact regarding the proposed Annexation of a Parcel of land known as the 44th Industrial Park, Parcel 1. 2. Resolution 1666 - making certain Findings of Fact regarding the proposed Annexation of a Parcel of land known as the 44th Industrial Park, Parcel 2. CITY COUNCIL MIND: May 11, 1998 B. Annexations: Page 3 2. Council Bill 11 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 1 of the 44th Industrial Park property generally located south of 44th Avenue, North of Highway 58, West of Interstate 70 and east of Eldridge Street in Jefferson County. 3. Council Bill 12 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 2 of the 44th Industrial Park property generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County. C. Zoning 1. Council Bill 13 - An Ordinance zoning certain property known as 44th Avenue Industrial Park Parcels One and Two and generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street within the City of Wheat Ridge, Colorado, as Planned Industrial District (PID) pursuant to Section 26- 60 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and Map to conform therewith. Item 2 was introduced by Mrs. Dalbec; titles read by the Clerk; Ordinance Numbers (C.B. 11 - 1115; C.B. 12 - 1116; C.B. 13 - 1117) assigned. Tom Hartley was sworn in by the Mayor. He is the managing partner of 44 Eldridge LLC, which is the applicant for this matter. Theirparcel consists of approximately 51 acres and they would like to be annexed to Wheat Ridge and be rezoned Industrial. Martin Orner, Economic Development Specialist for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report. Flora Andrus, 4790 Easley Road, Golden, was sworn in by the Mayor; she. is disappointed with the direction this development is taking, she thought it would be more semi-rural in nature; this will cause increased traffic for their Fairmont community. CITY COUNCIL MIND May 11, 1998 Page 4 Resolution 1665 - Parcel 1: Motion by Mrs. Dalbec to adopt Resolution 1665, making certain findings of fact regarding the proposed annexation of Parcel 1 of land known as the 4411 Industrial Park; seconded by Mr. DiTullio; carried 8-0. Council Bill 1 1 - Ordinance 1115 - Parcel 1: Motion by Mrs. Dalbec that Council Bill 11 (Ordinance 1115), Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44th Industrial park, parcel 1, generally located south of 44thAvenue, north of Highway 58, west of Interstate 70and east of Eldridge Street, with an approximate address of 13500 West 4411 Avenue, County of Jefferson, as legally described in Exhibit A, be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meet's the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's three-mile-plan; seconded by Mr. Siler; carried 8-0. Resolution 1666 - Parcel 2 Motion by Mrs. Dalbec to adopt Resolution 1666, making certain findings of fact regarding the proposed annexation of Parcel 2 of property known as the 44th Industrial Park; seconded by Mr. DiTullio; carried 8-0. Council Bill 12 - Ordinance 1116 - Parcel 2 Motion by Mrs. Dalbec that Council Bill 12 (Ordinance 1116), Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 4411 Industrial park, parcel 2, generally located south of 44thAvenue, north of Highway 58, west of Interstate 70and east of Eldridge Street, with an approximate address of 13500 West 4411 Avenue, County of Jefferson, as legally described in Exhibit A, be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meets the State criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. CITY COUNCIL MIND' May 11, 1998 Page 5 4. The annexation is consistent with the City's three-mile-plan; seconded by Mr. DiTullio; carried 8-0. Council Bill 13 - Ordinance 1 117 - Zoning Motion by Mrs. Dalbec that Council Bill 13 (Ordinance 1117), Case No. WZ-98-8, an. Ordinance zoning certain property known as 44th Industrial park, parcel 1 and parcel 2, within the City of Wheat Ridge, with an approximate address of 13500 West 44th Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development, pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, be adopted, with conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and orderly development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's three Mile Plan. Conditions of approval: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B and the Ordinance zoning the property, except that no semi tractor/trailer repair will be allowed and that no heavy vehicle repair be allowed on this site except for minor accessory use to an industrial use. That semi trucks be allowed for delivery and pickup only and that casino bus storage would be allowed only on parcel area 1. A. 2. The applicant/owner shall be solely responsible for all public improvements as listed in the Annexation Agreement. 3. All requirements of the City of Wheat Ridge Department of Public Works shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. 4. The applicant shall meet all requirements of the Fairmont Fire District per their letter dated April 16, 1998. 5. The applicant shall meet all requirements of the Wheat Ridge Public Works Director. 6. The following unified control statement shall be placed on the Outline Development Plan prior to recordation: "4411 Industrial Park is owned by 44th Eldridge, LLC, a Limited Liability Company, and consists of 29 lots. One Building will be constructed on one or more lots. Existing ownership can sell all lots. All 29 lots can have different ownership. Unified control shall be. maintained through recorded covenants and restrictions, as well as the Development Standards established by the Outline Development Plan." CITY COUNCIL MIND' May 11, 1998 Page 6 7. Exhibit B to the Ordinance zoning the property shall be made part of the Outline Development Plan to be recorded with the Jefferson County Clerk and Recorder. That 7) on Exhibit B would state: One motor vehicle, gasoline filling station, car wash, and convenience store, not including such facilities and services for semi-tractor trailer trucks. Any use reasonably interpreted as a truck stop shall not be permitted. Seconded by Mr. DiTullio. Motion by Mrs. Shaver to suspend the Rules and let Councilmembers speak more than twice on this item; seconded by Mrs. Dalbec; failed 5- 3 with Councilmembers Siler, DiTullio, and Worth voting no. (This needed six votes to pass). Motion by Mrs. Shaver to amend that on Exhibit B, Page 2, 15) the line not more than three trucks or trailers ...be changed to ...not more than "one" truck or trailer...; seconded by Mrs. Worth. After talking to the applicant, Mrs. Shaver withdrew her motion and replaced it with a new motion to "whatever he said about the 10% truck use" (since the applicant spoke from the audience without a microphone, nothing he said was picked up on the tape); failed 3-5 with Councilmembers Shaver, Worth, and Dalbec voting yes. Mrs. Dalbec called for the question on the main motion; seconded by Mrs. Worth; carried 5-3 with Councilmembers Donnelly, DiTullio, and Siler voting no. Original Motion carried 5-3 with Councilmembers Donnelly, Siler, and Mancinelli voting no. Item 3. Council Bill 10 - An Ordinance amending the Code of Laws of the City of Wheat Ridge regarding liquor and establishing a Liquor Licensing Authority. Council Bill 10 was introduced by Mr. Mancinelli on second reading; title read by the Clerk. Motion by Mr. Mancinelli that the first reading approval of Council Bill 10 be rescinded and that Council Bill 10 be removed from further consideration by the City Council; seconded by Mr. Siler; carried 8-0. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: May 11, 1998 DATE PREPARED: April 29, 1998 CASE NO. & NAME: ANX-98-31WZ-98-8 CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of Annexations and Outline Development Plan (zoning) LOCATION: Generally Located South of 44' Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County with approximate address of 13500 West 44'" Avenue APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) THREE MILE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS 0 OTHER Tom Hartley 44 Eldridge LLC c/o Tom Hartley 12345 West Alameda Avenue, Lakewood, Colorado 80228 Combined total of approximately 51 acres County Zoning: Agricultural Two and Mineral Conservation Undeveloped land N: Planned Development and Agricultural Two (County). S: Highway 58, then Planned Development and Agricultural Two (County); E: Agricultural One (City); W: Planned Development (County) N: Cemetery; S: Highway 58, then undeveloped E: Department of Transportation maintenance yard, Interstate 70, then commercial, industrial and residential W: Eldridge Street, then commercial and industrial North Plains Community Plan: Retail, Office and Industrial April 24, 1998 April 24, 1998 April 17, 1998 (X) CASE FILE & PACKET MATERIALS 0 SLIDES (X) EXHIBITS JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. City Council Page 2 ANX-98-3/WZ-98-8 d. REQUEST This is the second reading of an annexation and zoning request for property located directly adjacent to the City of Wheat Ridge with approximate address of 13500 West 44' Avenue. The request is for one piece of property being considered for annexation in two parcels with corresponding Case Number ANX-98-3. Should the annexations be approved, the property would then be zoned with one action, being Case Number WZ-98-8. In anticipating development of this land, the applicant previously submitted to the County an application to zone the property for industrial land uses. The County Planning Commission recommended approval with conditions to the Board of County Commissioners. Upon learning of this action, and after determining that the impacts from the development of the property, predominantly traffic and day time population generation, would largely be upon the City and services therein, City staff initiated discussions with the property owner to explore the opportunity of annexation of the property to the City. The property owner was agreeable to the annexation, and the concept was brought before the City Council, which encouraged the property owner to proceed with the annexation. The annexation and Outline Development Plan (preliminary zoning) cases were heard by the City Planning Commission on April 16, 1998. At said hearing, various wording changes were agreed upon by the Planning Commission and the applicant's representative, followed by a unanimous recommendation of approval to City Council. Should the City Council approve the two applications being heard on today's date, the property will be within the City of Wheat Ridge with a preliminary zone designation Planned Industrial Development. Case No. ANX-98-3 is comprised of approximately 51 acres. Due to State of Colorado requirements for contiguity of land being annexed, the subject property has been divided into two parcels, Parcel 1 and Parcel 2 which are the subject of this annexation. The entire property is currently undeveloped and is zoned Mineral Conservation by the County which permits mineral and resource mining of the land. Case No. WZ-98-8 is for approval of the Outline Development Plan (zoning) of the property to Planned Industrial Development (PID) for land uses similar to although somewhat more restrictive than those proposed to the County. Exhibit `B' to the Ordinance zoning the entire property (Parcels 1 and 2) is the proposed list of permitted land uses for the property and the Outline Development Plan is attached to the same Ordinance as Exhibit `C'. The Annexation Agreements are attached as Exhibit `C' to the Ordinances annexing the parcels. The two agreements are similar except that the 44' Avenue improvements are included in the agreement for Parcel 1. Planning Department staff believes that annexing and zoning the property as proposed will best serve the interests of the City in the following ways: 1. The City receives the regulatory authority over proposed land uses on the property. 2. The City receives the regulatory control over quality of construction and landscaping of the property. 3. The City's Police Department receives the ability to police the property. 4. Since the City receives the impact of development, it is appropriate that the City also receive economic benefit from development of the property. Said benefit will more than offset the cost of providing services. City Council Page 3 ANX-98-3/WZ-98-8 H. NEIGHBORHOOD MEETING A neighborhood meeting was held on April 7, 1998. The following persons attended: Martin Omer - Planning staff Tom Hartley - applicant/representative Tom Duffy - applicant's real estate agent Phyllis Lewis - 4475 Eldridge Street - neighbor to the subject property The following items were discussed: ♦ Circulation plan for 44th Avenue, access to the property and the internal roadway. ♦ Internal roadway realignment with the Mount Olivet Cemetery driveway and associated traffic signal. ♦ Design regulations being proposed within the PID to promote a degree of architectural uniformity of new buildings. ♦ The number and configuration of the lots proposed for the subdivision. ♦ Time frame for the land development and the anticipated completion of all new construction. III. CRITERIA FOR EVALUATION ANNEXATION: The Wheat Ridge Code of Laws does not contain criteria for review of an annexation, but State of Colorado statutes provide criteria for eligibility for annexations. These criteria are: Not less than one-sixth of the perimeter ofthe area is contiguous with the boundary of the annexing municipality. 2. That a community of interest exists between the annexing area and the annexing municipality. 3. The annexing area is urban or will be urban in the near future. 4. The annexing area is integrated with or capable of being integrated with the annexing municipality. 5. It is necessary and desirable to annex the property. State statutes also state that meeting the requirement of contiguity "shall be a basis for a finding of compliance with these requirements, unless the governing body finds that at least two of the following are shown to exist:" 1. Less than 50% of the residents of the area to be annexed make use of part or all of the following facilities ofthe municipality: recreational, civic, social, religious, industrial, or commercial; or less than 25% of the area's adult residents are employed in the municipality. 2. One-half or more of the land to be annexed is agricultural. City Council Page 4 ANX-98-3/WZ-98-8 3. It is not physically practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents directly east of the subject properties. Development of the property as proposed by the applicant is considered to be urban level development. It is reasonable to assume that future users of the developed property will make use of the City's commercial facilities and road infrastructure. State statutes also require that a plan for the area extending three miles from the City's boundaries be in place. The City Council has adopted the Jefferson County North Plains Community Plan, with modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office and industrial use. Annexation is a policy decision which rests more on the question of whether the City should annex an area considering the positive and negative aspects of the annexation than on set criteria. In other words, do the costs of providing services to the annexing area balance with the revenues anticipated? Can services be provided in a cost effective manner if nearby development is also served? Is the annexation a logical extension of the City's boundaries and service provision capabilities? Are there other benefits or circumstances of annexing that outweigh these considerations? The conclusion of this staff report reflects staffs belief that ample criteria and findings exist to show the City should annex the subject property. OUTLINE DEVELOPMENT PLAN (ZONING The property is proposed for Planned Industrial District (PID) zoning and the required Outline Development Plan is attached. Staff has the following comments regarding the criteria used to evaluate application for approval of a zone change: 1. That the zoning 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 City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed land use of Planned Industrial is in conformance with the North Plains Community Plan designation of retail, office and industrial land uses. The existing Jefferson County zoning is Mineral Conservation and Agricultural Two. Staff's findings are similar to the County Planning Department's findings in that: a. The proposal will act as a transitional component between the uses occurring to the north and south. b. The 10 acre area to be reserved as native vegetation directly adjacent to and south of 44`h Avenue will minimize the impact of the development on the surrounding area. C. No known commercial mineral deposits exist upon the subject property. City Council Page 5 ANX-98-3/WZ-98-8 d. The proposal includes criteria for project landscaping and lighting which are similar to or higher quality than those of the County and those typical of the City light industrial zone. e. The proposal includes criteria for building setbacks which are similar to the typical setback criteria found in the City, with the exception of proposed front setbacks. The applicant proposes minimum front setbacks for buildings facing the project's internal roadway of 30 feet where the standard City front setback is 50 feet. Staff supports the applicant's proposal since the internal roadway will primarily serve project users, and will therefore not create a visual impact on other City residents. Proposed criteria for setbacks, landscaping and lighting are found in Exhibit B of the Ordinance zoning the property. e. The proposal includes specific permitted land uses which are more restrictive than those proposed to the County and also more restrictive than those typical of the City's light industrial zone district. Staff supports the Applicant's anticipated land uses, which are fully described in Exhibit B of the Ordinance zoning the property. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is bordered on the south by Highway 58 and on the east by Interstate 70, both roadways effectively separate the subject property from land uses further to the south and east. Mount Olivet Cemetery is north of the subject property which land use is not considered incompatible to the proposed Planned Industrial Development. The property is bordered on the west by a commercial/industrial transportation business, with which the proposed PID is considered compatible. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. The following benefits to the community will be achieved as a result of the proposed annexation and zoning: a. Economic benefits. The City will collect all applicable taxes generated by the development. b. Physical benefits. The City will gain regulatory control of land uses allowed on the property. c. Social benefits. The land would be within the City's Police Department jurisdiction. City Council Page 6 ANX-98-3AVZ-98-8 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. The developer of the property will be required to construct roadway improvements associated with this development, as well as any site specific drainage facilities. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. The applicant has agreed to install development related public improvements designed to mitigate any possible negative impacts to the public, specifically a deceleration lane and a left turn lane on 44" Avenue, as well as site specific drainage facilities. Specifics regarding the roadway improvements can be found in the Annexation Agreement which is part of this package. Additionally, the applicant has agreed to dedicate an additional 10 feet of right-of-way for the south side of 44' Avenue in anticipation of possible future road improvement needs. 6. That the property cannot reasonably be developed under the existing zoning conditions. Development of the property as aplanned light industrial park would require rezoning the property from Mineral Conservation. The County Planning Department has stated that no commercial mineral deposits exist upon the subject property. Therefore, the zone designation of Planned Industrial Development, along with corresponding land uses, furthers the determination that PID zoning is appropriate for the property. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The Planned Industrial Development zoning will allow the reasonable development of the property in conformity with the City's Three Mile Plan. 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. The Planning Department concurs with the applicant that a significant demand for planned light industrial development exists in this area. Staff believes the subject location is appropriate for said development in that the development will not create significant negative impacts to adjacent land uses or property owners. City Council Page 7 ANX-98-3AVZ-98-8 IV. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Department of Public Works Department: Comments concerned minor details to the Annexation Plat Maps such as: titles, recording certification, a vicinity map, and an easement. These concerns will be addressed prior to recordation. Jefferson County Planning Department: The County Planning Department generally supports the project but recommends additional right-of-way along 44' Avenue be granted by the applicant for future site improvements. The County also recommends that improvements to and maintenance of 44' Avenue be resolved by the municipality to reduce fragments of streets in County or City jurisdiction. Fairmont Fire Protection District: In a letter dated April 16, 1998, the Fire District provided the following comments: Fire hydrants and a looped water system capable of providing the required fire flow will need to be installed and in operation before any above ground construction. Drawings Should be submitted to verify hydrant locations. d. Roadways of an all weather surface and capable of supporting our fire apparatus must be in place prior to construction of any building. 3. Due to the uniqueness of the property and the potential of having only one access point, each building built in this area will need to have a monitored automatic fire sprinkler system meeting the requirements of the National Fire Protection Association (NFPA) 13. 4. A fire hydrant will need to be installed within 150 feet of the fire department connection of each building's sprinkler system. To enhance emergency access, no on street parking will be allowed. Appropriate signs will need to be installed along the roadway. Also an approved turn around must be provided at he end of he cul-de-sac 6. Drawings need to be submitted to this office for approval and compliance to the latest edition of the Uniform Fire Code. Permits will be issued by the Fairmont Fire District for sprinkler and fire alarm systems. Building permits will need to be obtained from the City of Wheat Ridge Building Department. Responding Without Concerns: Scientific and Cultural Facilities District North Table Mountain Water and Sanitation District City of Wheat Ridge Police Department City Council Page 8 ANX-98-3/WZ-98-8 Notified But Not Responding: Colorado Division of Wildlife Health Department Public Service Company U.S. West Communications State Land Use Commission State Geological Survey Colorado Department of Transportation Wheat Ridge Forestry Division Urban Drainage and Flood Control Dist. V. RECOMMENDATIONS: Denver Metro. Major League Baseball District Metro Wastewater Reclamation Dist. Jeffco Schools Jefferson County Commissioners TCI of Colorado Wheat Ridge Post Office Wheat Ridge Park and Rec. Commission Wheat Ridge Building Division Regional Transportation District PLANNING COMMISSION: At its April 16, 1998 hearing, the Planning Commission unanimously recommended APPROVAL of the annexations and the zoning to the City Council with recommended conditions of approval. Much of the discussion centered on semi-tractor trailers. Changes were made to the list of permitted uses to address these concerns. Staff is recommending deleting one of these changes. In Exhibit B to the Ordinance zoning the property, Planning Commission recommended inserting the words, "not including semi-tractor trailer trucks" in the parking sections for Use Areas 1 and 1-A. Staff has inserted language int eh list of permitted uses which limits the parking of semi-tractor trailers per City codes and prohibits truck stops. The reference to semi-tractor trailers in the parking sections then is not necessary. STAFF RECOMMENDATION: Staff concludes that the proposed annexations meet the state criteria for annexation eligibility, are a logical extension of the City's boundaries, are able to be served by and are in the best interest of the City. Staff also finds that a similar albeit somewhat less restrictive zoning proposal was recommended for approval by the County Planning Department and the County Planning Commission. Therefore, staff recommends approval of the annexations with associated recommended conditions of approval. Staff concludes that the proposed Outline Development Plan which represents the preliminary zoning of the property to Planned Industrial Development, meets the corresponding City criteria and that the proposed land uses are considered appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends APPROVAL of the zoning change with associated recommended conditions of approval. VI. RECOMMENDED MOTIONS: ANNEXATIONS: Parcel l "I move to adopt Resolution No. making certain findings of fact regarding the proposed annexation of Parcel I of land known as the 44`s Industrial Park. "I move that Council Bill No. , Case No. ANX-98-3, "Annexing to the City of Wheat Ridge City Council Page 9 ANX-98-3/WZ-98-8 unincorporated territory known as the 44' Industrial Park, Parcel 1, generally located south of 44' Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44' Avenue, County of Jefferson, as legally described in Exhibit A" be adopted and that the Mayor be authorized to sign and execute the attached Annexation Agreement, with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's Three Mile Plan. Parcel 2 "I move to adopt Resolution No. making certain findings of fact regarding the proposed annexation of Parcel 2 of land known as the 44`h Industrial Park. "I move that Council Bill No. , Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 44' Industrial Park, Parcel 2, generally located south of 44' Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44°i Avenue, County of Jefferson, as legally described in Exhibit A" be ADOPTED, and that the Mayor be authorized to sign and execute the attached Annexation Agreement with conditions, for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. 4. The annexation is consistent with the City's Three Mile Plan. ZONING: "I move that Council Bill No. Case No. WZ-98-8, "An ordinance zoning certain property known as 44`h Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44" Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith," be ADOPTED, with conditions, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and intelligent development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. Conditions of approval: City Council Page 10 ANX-98-3/WZ-98-8 1. The list of permitted land uses shall be restricted to those contained in Exhibit B of the Ordinance zoning the property 2. The applicant/owner shall be solely responsible for all public improvements as listed in the Annexation Agreement. 3. All requirements of the City of Wheat Ridge Department of Public Works shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. 4. The applicant shall meet all requirements of the Fairmont Fire District per their letter dated April 16, 1998. 5. The applicant shall meet all requirements of the Wheat Ridge Public Works Director. 6. The following unified control statement shall be placed on the Outline Development Plan prior to recordation: "44' Industrial Park is owned by 44' Eldridge, LLC, a Limited Liability Company and consists of 29 lots. One Building will be constructed on one or more lots. Existing ownership can sell all lots. All 29 lots can have different ownership. Unified control shall be maintained through recorded covenants and restrictions, as well as the Development Standards established by the Outline Development Plan." 7. Exhibit B to the Ordinance zoning the property shall be made part of the Outline Development Plan to be recorded with the Jefferson County Clerk and Recorder. C:\Bubua\CCRPTMANXZ98-3CC.wpd City Council Page 11 ANX-98-3/WZ-98-8 City of Wheat Ridge Planning and Development Department Memorandum TO: CITY COUNCIL FROM: ALAN C. WHITE, PLANNING AND DEVELOPMENT DIRECTOR 4 SUBJECT: ANX-98-3/WZ-98-8: HARTLEY DATE: MAY 11, 1998 Attached is a copy of the April 16, 1998, Planning Commission minutes pertaining to the Hartley annexation and initial zoning. They had been inadvertently left out as an exhibit to your staff report for the May 11, 1998 meeting. I am sorry for the confusion this may have caused. If you have any questions, please don't hesitate to call me at 235-2844. For your information. Alan. /bd eAp1=ing\foms\memotemp homeowners who were concerned that they had not received notification of the February meeting. He stated that none of the homeowners were opposed to the playground. Nancy Degenhart Representing Helen Newdorp 10251 West 44th Avenue 8-104 Ms. Degenhart was sworn by Chair THOMPSON. She stated that she was representing her mother, Helen Newdorp, who was concerned about the use of the playground during times the school was not in operation. She stated that, after hearing testimony, she was satisfied that it would not. It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY that Case No. CUP-98-1, a request for approval of a Conditional Use Permit for a Montessori School playground at 10351 West 44th Avenue be APPROVED for the following reasons: The criteria used to evaluate a Conditional Use permit supports approval of the request; and 2. Staff recommends approval. With the following condition: 1. The limited power of attorney letter be renewed to contain a much later expiration date than April 1, 1998. The motion passed by a vote of 6 to 1, with Commissioner GOKEY voting no; and Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M-) B. Case No. ANX-98-3 and Case No. WZ-98-8: An application from Tom Hartley for approval of an annexation of the area approximately located at 13500 West 44th Avenue in the county of Jefferson and initial zoning of the area to PID. The case was presented by Martin Omer who stated that the applicant was requesting annexation to the City of Wheat Ridge of approximately 51 acres of undeveloped land located in Jefferson. County. He informed that the applicant has requested zoning of Planned Industrial District with a provision for two acres of commerciat/retail land use. Planning Commission Page 5 04/16/98 Mr. Omer presented an overview of the case. He informed that the Colorado Department of Transportation property adjacent to the area in question would not be apart of the annexation; however, the road leading into the CDOT maintenance facility was a part of the application. The single access into the proposed industrial park would be built according to City standards, dedicated to the City and would be aligned with the Mt. Olivet Cemetery driveway. Mr. Omer informed that it was staff's conclusion that the annexation is in compliance with the City's Three Mile Plan. He stated that staff had reviewed the plan for setbacks, heights of buildings, landscaping and parking criteria and concluded that the plan was generally similar to the City's light industrial zone criteria. He presented an additional condition of approval that was not contained in the staff report which would require a minimum setback of fifty feet from any buildings on 44th Avenue, rather than the thirty feet presently contained in the zoning requirements. He informed that the applicant was in agreement with this condition. Mr. Omer reviewed results of agency referrals as well as a neighborhood meeting conducted by staff in conjunction with the applicant. He reviewed staff s findings which supported recommendation for approval of the annexation. In conclusion, he informed that staff recommended approval; that all notification and posting requirements had been met; and therefore, there was jurisdiction to hear the case. Discussion followed. Chair THOMPSON expressed concern about the possibility of semi- tractor trailer storage, expansion of the semi-truck stop, or semi-truck repair business occurring in the light industrial park. Commissioner SNOW expressed concern about the high percentage of blue grass contained in landscaping plan as well as the impact of the Tabor Amendment on revenue generated by the industrial park. Commissioner THOMPSON expressed concern about having only one fire access point. Mr. Omer explained that the Fire Department placed a stipulation on its approval of the single access to require all buildings to be equipped with fire sprinklers. Commissioner BRINKMAN expressed concern about communication towers being placed on the highest elevation of the property. Tom Hartley 22001 Golden Gate Canyon, Golden Mr. Hartley was sworn by Chair THOMPSON. He stated that he was the applicant for the Planning Commission Page 6 04/16/98 annexation and rezoning. He informed that the property is planned to be developed as light industrial with the exception of a parcel in the northeastern portion of the property next to the access road which would be a possible retail site for a convenience store and gas station. Mr. Hartley stated that there have never been plans for any truck stop related activities;. however, as an industrial park there would be semi's serving various businesses in the park. He informed that the road was designed to accommodate semi-tractor trailers and featured a cul-de-sac at the end which would allow the trucks to turn around without having to back up. He addressed traffic impact at the park entrance and informed that the entrance would be designed according to recommendations of the traffic consultant. He noted that the road would be widened and have one lane for Mt. Olivet traffic, one for the industrial park, and one center lane for through traffic. Mr. Hartley responded to concerns about fire access and informed that the buildings will be required to have sprinkler systems because of the extreme difficulty in constructing another access into the park. He stated that the communication tower could be eliminated from the highest portion of the property. He also noted that gravel on the property had been mined and removed over thirty years ago. Commissioner BRINKMAN requested that no firearms sales or gun ranges be allowed on the property. Mr. Hartley replied that those uses had never been considered for the property. Chair THOMPSON asked if there were any individuals present who wished to address the Commission. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Council APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 1, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. The annexation will allow the city to gain regulatory control of the development and usage of the subject property. With the following conditions: Planning Commission Page 7 04/16/98 1. The City Council shall call an election to ask the voters to decide whether the City can keep additional revenues generated by development on the annexed property. 2. Should the southwest corner of 44th Avenue and the interior roadway be developed as a retail or commercial use, the property owner shall have prepared a traffic impact analysis acceptable to the City Department of Public Works which addresses the need for a traffic signal at said intersection. If a signal is warranted, the full cost of said signal implementation, being purchase and installation of the signal, shall be borne by the property owner. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY to recommend that the City Council APPROVE Case No. ANX-98-3, annexing to the City of Wheat Ridge unincorporated territory known as 44th Industrial Park, Parcel 2, generally located south of 44th Avenue, north of highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit "A" for the following reasons: The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. (Chair THOMPSON declared a recess at 10:30 p.m.. The meeting was reconvened at 10:40 P.M.) Commissioner SNOW moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-8, an ordinance zoning certain property known as 44th Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44th Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and orderly development of the properties. Planning Commission Page 8 04/16/98 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following conditions: The list of permitted land uses shall be restricted to those contained in Exhibit B with the following corrections: A. Page one, item 7 would be amended to read as follows: "A motor vehicle service station, gasoline filling station, car wash and convenience store, not including such facilities and services for semi-tractor trailers." B. Page 2: Omit item no. 13 and renumber item no. 14 to item no. 13. C. Page 2 under Use Area 1-A: Item no. 1 would be amended to read as follows: "Parking, excluding semi-tractor trailers. D. Page 2 under Use Area 1-A: Item no. 4 would be amended to read as follows: "Micro-cell or repeater Telecommunications Facility." E. Page 3 Pte: Item no. 2 would be amended to read as follows: "retail or wholesale areas, gas stations,. motor vehicle repair facilities and similar uses, not including such facilities and services for semi-tractor trailers F. Page 5: Building Setbacks Area 1 & Area 1-A would be amended to add "Minimum Front Setback from 44th Avenue - 50 feet" G. Page 5: Item "g" would be amended to read as follows: "In case of multiple lot ownership by the same purchaser/owner, side setback and other related requirements as they would affect interior side lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. H. Page 6, item no. 6: The word "ration" would be corrected to read "ratio". I. Page 6: Item no. 7 would be amended to read: "All other turf shall be a blend of grasses native to this area." Page 6: Item no. 8 would be amended to read: "Other landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses." K. Page 7, item no. 14: The last line would be amended to change the word "County" to "City." Planning Commission Page 04/16/98 2. The applicant/owner shall be solely responsible for all public improvements as listed in Exhibit C. Said improvements shall meet the approval of the City's Public Works Director. 3. All requirements of the City of Wheat Ridge Department of Public Works as listed herein shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits. Commissioner BRINKMAN offered an amendment to the motion that the words "as listed in Exhibit C" be omitted from Condition No. 2. The amendment was accepted by Commissioner SNOW. The motion carried by a vote of 7-0, with Commissioner THEANDER absent. Mr. Hartley asked for clarification about semi-tractor trailer repair, stating that an industrial park, by necessity, would require some maintenance of semi-tractor trailers involved with the businesses in the park. He reiterated that he did not want to have a truck-stop in the development. Commissioner SNOW requested the Planning Director to review the final motions to ascertain if Mr. Hartley's concerns are addressed and, if not, those concerns could be dealt with during the City Council hearing. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS A. Nuisance Issue - Chair THOMPSON stated that she has received complaints about the house on property located at 42nd and Xenon and requested that staff investigate to determine if this property can be addressed under the public nuisance ordinance. B. Emergency Telephone Notification System - Chair THOMPSON expressed concern about possible abuses of this system and requested that staff investigate methods to safeguard the citizenry against abuse by unauthorized persons. Planning Commission Page 10 04/16/98 III. SUMMARY In summary, total one time use tax and permitting revenue from site development would equal approximately $694,000. Total ongoing revenue is estimated at $26,000 to $28,000 per year. Total ongoing costs to provide police services and maintain roadways is estimated at $4,500 per year. Net ongoing revenues to the city are estimated at $21,500 to $23,500 per year. City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin Omer, Economic Development Specialist SUBJECT: Economic Evaluation of 44`h Industrial Park DATE: May 5, 1998 I have prepared a general economic evaluation ofthe potential development of lands currently being considered for annexation to the City of Wheat Ridge. The evaluation consists of three sections, being general expected REVENUES from the development of the project, general expected COSTS and financial responsibilities to the city upon the project's completion, and a SUMMARY of costs compared to revenues. 1. REVENUES: The project is expected to include 28 lots which will be developed for light industrial development, and one lot for retail development. The four types of revenue which can be expected are use tax, building permit fees, sales tax from any sales occurring within the project area, and property tax collections. 1. Use Tax Use tax would be collected on improvements to the property and is calculated as apercentage of the cost of materials used in construction. Staff estimates that approximately 647,454 square feet of construction can be expected for the light industrial component and 39,792 square feet of construction can be expected for the retail component. Therefore, the total amount of use tax collected on said amount of building construction and equipment is estimated at $354,000. 2. Permit Fees Building Permit Fees: The Building Division has estimated that expected permit fees for buildout of the project will be approximately $330,000. Engineering Permit Fees: The Public Works Department has estimated the permit fees for he roadway, curb, gutter and sidewalk and drainage permits at approximately $10,000. Total' one time taxes and fees are estimated at $694,000. 3. Sales Tax Sales tax would be generated primarily by the fuel station/convenience store which the applicant is anticipating for the corner of West 44`h Avenue and the internal service road. The applicant has described the use as a fueling station and a convenience store which may include fast food and a seating area. Of the five comparable uses located within the city which I used for calculations, only one has the fast food/seating element, and said business contributes significantly more sales taxes to the city than the other four comparables. With this in mind, I present a conservative annual sales tax figure for the applicant's project at approximately $12,000 per year. It should also be noted that the anticipated location for the fuel station/convenience store is larger than the comparable used. Additionally, there will likely be businesses locating in the project area which have some taxable sales transactions. Any estimate of additional tax revenues is difficult without detailed information about the future businesses. I propose that a realistic expectation for all sales tax generated from the property at project completion is approximately $20,000. 4. Property Tax In calculating the estimated property tax benefit to the city of this annexation and development application, I have used comparable projects with similar land use, access and visibility characteristics. I estimate tax revenue of $6,000 to $8,000 per year to the city upon project completion. Ongoing revenue is estimated at $26,000 to $28,000 annually. II. COSTS 1. Police The Police Department has stated that the annexation and development ofthe property would not cause a significant impact on law enforcement resources. The Police Department reports that, in general, two drive-throughs of the project per day would be necessary with each drive through taking approximately ten minutes. The cost for a police officer is approximately $100,000 per year. Therefore, an estimated cost for normal police presence is approximately $1,400 per year. Adding a contingent amount for service calls, staff estimates a total cost for police services at approximately $3,500 per year. All police services will be achieved without the need for additional staff or equipment. 2. Public Works The Public Works Department has identified two budget areas which would be impacted with a slight increase to budget line items as, A. maintaining the project's internal roadway, and B. maintaining the additional amount of West 44`h Avenue which would be within the city. The Director of Public Works has estimated that the cost to provide the additional services relative to maintaining the internal service roadway and the portion of 44th Avenue annexed to the city to be approximately $1,000 per year. Total ongoing costs to the city in servicing the project area are approximately $4,500. 44 Eldridge, L.L.C. 12345 West Alameda Parkway, Suite 100 • Lakewood, Colorado 80 (303) 969-8400 • Fax (303) 986-5494 ! r 11 A April 30, 1998 RECEIVED !lent M'AY p 411` 96 Martin Orner Planning and Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80215 RE: Annexation of Real Property located at approximately 13500 West 44th Avenue, Jefferson County, Colorado, and generally known as 44th Industrial Park Correction of Annexation Petitions Dear Martin: On behalf of 44 Eldredge LLC, please accept this correspondence as a correction of the annexation petitions presently pending for consideration by the Wheat Ridge City Council, to confirm that the record title owner of the real property which is the subject of those petitions is in fact 44 Eldredge LLC, a Colorado Limited Liability Company. I am the manager of that limited liability company and am vested with authority to act on behalf of the company as provided in Article VI of the Articles of Organization of the Company (copy enclosed). The address of the Company is 12345 West Alameda Parkway, Lakewood, Colorado 80228. I request that you place this letter of record in the official proceedings concerning annexation of the referenced property, and that the file and other documents with the City regarding the amended petition properly reflect 44 Eldredge LLC as the record title owner of the property to be annexed. Should this mailing raise questions, please do not hesitate to call. Sincerely, al ed e Thomas L. I Manager Enclosure MAY 12 '98 10:22 TO:303 235 2857 FROM: T-949 P.02 f PROSPECT RECREATION DISTRICT 4198 XENON STREET WHEAT RIDGE, COLORADO 50033 PHONE: 424-2346 FAX: 424-4066 April 30, 1998 Ralph Schell, Director Community Resources Division 700 Jefferson County Parkway, #100 Golden, Colorado 80401 Dear Ralph: I would like to share with you what our position is on some of the questions or issues that may come up in Tuesday's Board Hearing. The state statutes say the District (in this case) has the burden of convincing or proving to the Board why certain properties should be irvekuded within the District or why their removal would be detrimental to the Districts future. uuvvainds we look at this Hearing as being an education and negotiation opportunity with -44e-persnnsan4 antifia ihatmake up this District. We have listened to and value everyone's opinion and position on these matters, but there are some basic requirements that go into the making of a successful recreation and park district. The position statements made below are made under these requirements. We are prepared to give much greater detail or evidence on these statements depending on what the Commissioners would like to see addressed. We are requesting that t Commissioners approve the plan as presented based upon these fttual statements: 1_ Question: `Why should the property owners in the proposed areas of inclusion be a part of this plan? The two proposed areas of inclusion in the plan are an attempt to clean up and correct the original District's borders. Many of the citizens living in each of these areas believed they were already within the District and paying for its support until we started the education campaign for the proposed Service Plan. We are also attempting to create a more equitable situation for all district sidantsby having those property owners adjacent to the district, but not in aaod=r, Rem District, who are benefiting but not paying for its support, be included thro(Gh this Service Plan process. :-Question` VA ysitould all of the exclusion requests be denied in this case? We have reviewed copies of all the letters submitted to the Board of County -Commissioners. The Service Plan was prepared under the pretext that its success depends on the equitable participation of all property owners to - support the District. None of the letters, in our opinion, outlines adequate reason why that particular piece of property should not be a supporting partner of the recreation district through this Service Plan proposal. This does not mean that a person or persons may not provide adequate testimony at the May 5th Hearing to warrant an exclusion of their property. MAY 12 '98 10:23 TO:303 235 2857 FROM: T-949 P.03 3. Question: Why should the properties on the District's borders, that are being looked at for future anne " tion by the adjacent cities, also be retained in the District? A requirement for the future success of this newly formed recreation and park district is the equitable participation from property owners within the proposed District boundary including those on the borders. Once the district is established one of the first orders of business is to forge an agreement with surrounding municipalities that recognizes the responsibilities of the District and provides guidance for constructing cooperative ventures between the Recreation District and these Cities. In fact the letters requesting these cities' understanding and cooperation in this matter have already been hand delivered. Allowing a border property owner to exclude at this time would be of minimal benefit to any adjoining cities operation. In contrast allowing these properties to be excluded in this process will have a major long term impact on the future operation of the proposed District and set the wrong precedent on future annexations which are likely to occur. These are three possible topics that we are aware of. There may be other questions our property owners or the Commissioners may have, and we look forward to the opportunity to answer those questions. We intend to provide this position statement to anyone who has an interest. We want people to know and hopefully to understand the needs of the District so that we can evaluate ways that we might all get closer to having the same position. Sincerely, Chuck Reno District Manager MAY 12 '98 10:23 TO:303 235 2857 FROM: T-949 P.04 Prospect Recreation District Service Plan Hearing, May 5th 1998 We are requesting the Jefferson County Commissioners approval of a Service Plan prepared by District supporters for the purpose of organizing a Title 32 Recreation and Park District under the Colorado Revised Statutes. We are making this request so that the plan review process may move forward and that our District residents and property owners may have a chance to vote on the contents of the plan, possibly this Fall. Some of the major attributes and benefits of this proposed plan are: • It will place the District in a legal and financial position to provide a continued and higher level of park and recreation services to our District residents and businesses. • It will place the District in the position to meet a growing need for these types of services. It will place the District in a position to work with our private recreation service providers within the District in ways that have never been possible before. The result of this cooperation will be increased services and opportunities for all District residents. • It will provide for a long list of park and recreation facility improvements. Opportunities will also be available through Jefferson County Open Space Programs for land purchases and park construction, if the District can provide the necessary matching funds. • It will put the District in a much better position to work with area municipalities and special districts, home owner associations, and all forms of agencies to enhance the quality of life in our part of Jefferson County. • It will give the District Board the legal authority to better manage the day to day affairs of the District. • The District Board will be elected by the residents as opposed to being appointed as they are now. MAY 12 '98 10:24 TO:303 235 2857 FROM: T-949 P.05 There is a cost associated with these many benefits. The Service Plan details a proposed two mill increase over the existing one mill that is used to support the current District operation (see page 13 of the plan). The plan proposes that these two mills be phased in incrementally over a four year period of time, 1999 through 2002. Proposed Increases: 1998 - 1 mill currently in place to support the operation of the District since 1955.. 1999 - 1.5 mills 2000 - 2 mills 2001 - 2.5 mills 2002 - 3 mills The maximum mill levy allowed under this plan. The Service Plan document details a future scenario to allow our district residents to vote on a possible fourth and remaining mill (see page 14 of the plan for detailed explanation). The Board would not have the authority to impose this fourth mill without a favorable vote by our District residents to do so. Mow does a property owner determine what it would cost them to support his/her Park and Recreation District? Mill levies are calculated from the assessed value of a particular piece of property. People are sometimes unfamiliar with what the assessed value of their property might be and they are more familiar with what the market value is. The example given is based on Market Value ( how much your property might be worth if you were to sell it). For eSery $100,000 in property that you own you roughly pay $10.00 (ten dollars) to support your park and recreation district, per year, at the current one mill levy. If you own $200,000 of property you roughly pay $20.00 (twenty dollars) per year, at the one mill levy to support the District. By using this example you should be able to determine approximately what it costs to be a participant and contributor of Prospect Recreation District at the one mill levy. To determine what it might cost to support the District in the year 2002 under the Service Plan proposal, you multiply what you calculated at the one mill level by three. Example: If you have $100,000 worth of property and this would currently equate to $10.00 (ten dollars per year). In the year 2002 you would pay approximately $30.00 (thirty dollars) per year, (or $2.50 per month). MAY 12 '98 10:24 TO:303 235 2857 FROM: T-949 P.06 Prospect Recreation District is the last functioning 1 mill recreation district left in the state. It is becoming harder and harder to meet the cost of operating this District. It has been recommended for many years that the District status needs to be changed. We are requesting your patience and understanding as we bring these requested changes before our government leaders. If allowed to proceed our goal is to place our planned requests before you to be voted on hopefully this Fall. Copies of the Service Plan are available to anyone who would like to have a copy. This plan explains everything the District proposes to offer and be involved with over the next ten to twenty years. Please call or write the District office to receive your copy: Prospect Recreation District 4198 Xenon Street Wheat Ridge, CO 80033 Phone# 424-2346 Fax# 424-4066 You may view much of this plan at our web site: http://co.jefferson.co.usidptfprospectfprospect.htm If the County Commissioners approve this plan as presented, it will be filed with the V Judicial District, Jefferson County- When the plan is filed with the courts, you will receive notification of the date and time the case will be heard by the Judge and you will be given the opportunity to address the court at that time. Thank you for attending todays Commissioners Hearing on the plan. MAY 12 '98 10:25 TO:303.235 2857 FROM: T-949 P.07 O a & ~g, o ~ C A gC~ ga 2 ~ a 8 ~ 2 e _EEE ~ ~ 'yg$~ r&~aR~ ° ~f-?3-~~~; P` IF: ° $ ~ ~ ~ ~ & Sl ~ a IF U ~L° t~ a ~S~i ~no~°5nSry 'til m U O W LL O S Y7 1y ro I OLIL.J~L! o r N v! T b N N U •L ,e N ~ L ca U. ~ O U O cn t6 O L C. d lif°a. s it` t Safi({ I CASE N0. MAP N0. _ IFS -1~I~FSCRI~IDN - AN~[EXATI~N N(L4 s LEGENQ SET N0. 5 REBAR 1~VITH RED PLASTIC CAP, P.L..S. 2204 FQUND MONUMENT AS NOTED GRAP WITNESS COR~lER - goo 0 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNS GCS 1AlCCT (1C TL1C ~TL1 D~Itii(`IDAI AACDI(IIA~I (`(lil~iT~/ a FQUND CJUa~?TER CORNER ~j~~ 1 in _ ANNEXA TION PLAT N0. ~1~9°15'~~"E . TO CITY OF WHEAT RIDGE 2~~-8.~1 IN SEC. 19 AND 20, T 3 S, R 69 W OF THE 6TH PRINCIPA . ~ rni inirv n~ . i~~~~RCnni CTd TF n~ rni nRann i W N 1 f 4 CORNER SEC. 19 o, FOUND 1-1 f 2" ~ 00 "C~PPERWELD a~ c~ o a ~n MONUMENT" SET IN o' N CONCRETE IN RANGE ~ BOX, P.L.S. 10104 ENLAF~GEM 1 50'  , ~ I ~ 1.~ 4 a j i. f. . -.~R' C 1 /4 CORNER SEC. 19 J: i T" i. k 'T" + i- 1. ! 1 1 "'4'.' A 1~•y. q P d ~ ~ ~ ~ } ~ FC~I.IND 3" BR~"iSS C~~.P iN L~'-AND CORNCR BOX, P.L.S. - 15846 7 r . L 1`~~ . . Tan=53.6' 'Y~,_- 4~. Delta=06°11'50„ _ ~~q~ ?2 ~ _ _ _ _ S89°2'26"W r.~ _ i, ~ , INGRESS/ - _ i "y ~i' 25' RAILROAD R~,~o DiTeH 2649.88 EGRESS I EASEMENT REC EasEr~~ENT \l~ ' No, Foo36343 ANNEXATION N0. 3_ 800 2682, ~ 15 UTILITY ~i"-_ ti`~ EASEMENT REC. I N0. 79023670 } -e '4' 5+ _ ~ ~ _ ~ ~ l o X00 ~~6 56''w °o ~19g ~3, z ~ rZ `i F I -1 a~ 0 0 0 z r ~~i ~ N 1 ter- ao o ~ o - S 1 j4 CORNER SEC. 19 SOUND z ORIGINAL CALL REDSTONE WITN IN CENTER S89°24'08"W  COLORADO THIS 2 6 38-18' ,a WITNESS CORNER, FOUND 3-1 /4" ~ ~ BRASS CAP IN BOX P,1r>,RKfD "CITY OF WHEAT RIDGE° SURVEY '.10NMENT, P.L.S. 13212, 200' SOUTH OF SF 1/4 CORNER SEC. 19 `r Re"~eived: 4/22/98 10:33AM; 04/22/98 WED 10:56 FAX ? -1 5001 April 22, 1998 Board of County Commissio lers Jefferson County, Colorado 100 Jefferson County Parkway Golden, Colorado 80419 303 376 5001 CITY OF WHEAT RIDGE; Page 2 0002 Re: Proposed Prospect Park and Recreation District; Request for Exclusion Dear Members of the Board A County Commissioners: The Board of County Commissioners is scheduled to hold its public hearing on the service plan of the referenced district on May 5, 1998. My company, 44 Eldridge, LLC, owns certain property, more fully described on the enclosed "Exhibit C," which is now inside the boundaries of the proposed district. I hereby request that the Board of County Commissioners exclude it from the proposed district prior to taking final action on the service plan. This property is being annexed into the City of Wheat Ridge, with second and final reading of the annexation ordinances scheduled for May 11, 1998. Upon annexation, it will be entitled to receive the full range of park and recreation services provided by the City. More importantly, it will be taxed :'or those services by the City, and I do not want it to be taxed for the same purposes by the proposed district. In the alternative, 1 -equest that the Board of County Commissioners condition any approval of the service plan upon the exclusion of my property. As indicated above, existing park and recreation service, available from the City of Wheat Ridge, will be more than adequate to serve it, both at. present and in the future. The City has an existing park and recreation program providing a broad range of facilities, programs and services, which are described in the enclosed Wintet/Spring Activities Guide published by the City's Park and Recreation Department. Maay of the facilities, programs and services to be provided by the proposed District are not even fully identified yet; it appears that they will not be available for some time, if at all. See, Service Plan pp. 5-13. The City's park and recreation program is far broader and more extensi ie than that proposed by the District. I fail to see how the district proponents can meet their bt.rden to prove that existing service in the area of my property is inadequate for existing and fixture needs, or that adequate service is not available to such area from an existing municipal corporation. Received: 4/22/98 10:33AM; 04/22/98 WED 10:57 FAX -6 5001 Board of County Commissioners Jefferson County April 22, 1,998 Page 2 303 376 5001 CITY OF WHEAT RIDGE; Page 3 [a 005 I believe the foregoing factors support both my request for exclusion pursuant to §32-1- 203(3.5), C.R.S-, and my request for conditioning service plan approval upon the exclusion of my property based upon the criteria for approval set forth in §32-1-203(2) and (2.5), C.R.S. Additionally, however, I uncerstand that if the district is organized with my property inside its boundaries, the City will inflate exclusion proceedings immediately upon the effective date of the annexation. It is in the interest of all patties to avoid the unnecessary expense of such a process, and the best way to do that is to eliminate the need for it during the service plan review. I hope this letter will not be taken as negative toward the efforts of Jefferson County and the district proponents. I think their plans and goals are worthwhile and I do wish them every success. It is clear, however, that those efforts are directed toward improving park and recreation services for unincorporated areas of the County. The orientation of my property is in the other direction, toward the City of Wheat Ridge, My very great preference is for my property to support the City's park and recreation programs and not those intended for residents and property owners in unincorporated areas of the County. I look forward to the public hearing. In the meantime, thank you in advance for your consideration. Yours very truly, 44 Eldridge, LLC Thomas L- Bartley Manager Enclosures C:AK\5302M&2833.( ] Received: 4/22/96 10:34AM; 303 376 5001 CITY OF WHEAT RIDGE; Page 4 04/22/98 WED 10:37 FAY, "^8 5001 0004 _ vr.4x 235 2857 P. 02 EXHIBT r c LEGAL DESCRIPTION r. " A TRACT Os. LAND LOCATED IN THE EAST 1/2 OF S£CTblN 19 AND. IN THE WEST 1/2 OF SECTION 20, ALL IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF CHE 6TH P.N., COUNTY OF JEFFERSON, STATE Or COLORADO, DESCRISEL AS FOLLOWS; ' COMtfENCrrN'G •AT THE CENTER OF SAID SECTION 19, T;-ENCE SOO°08.41"E, 35,26 FEET ALONG. THE NORTH;SOUTH CENTERLINE OF SAID SECTION 19 TC THE SOUTHERLY RIGHT-OF-WAY LINE OF, WEST 444H AvEvvF CONvEyED TO JEFFERSON COUNTY AS DESCRIBED IN WARRANTY DEED RECORDED' IN BOOK-37,3 AT PAGE 323 OF TrE RECORDS OF JEFF£:.SON COUNTY, COLORADO, AND THE TRUE POINT Oi..SCGINNING; HENCE a"TERLY; 107,62 FEET ALONG THE SOUTHERLY.` RIGHT-OF-WAY LINE OF SAID WEST 44TH: AVENUE AND ALONG THE ARC OF A CURVE CONCAVE To TEE NORTH TO A POINT OF TANGENT, SAID' ARC HAVIF?G A RADIUS OF 995-00 FEET, A CENTRAL ANGLE OF 6°11'50" AND BEING SUBTENDED 9Y A CHQRD.*THAT BEARS NBO°22'35"E, 107.57 FEET' Te?E NCE N77016'40"E, 3093.84 FE ST ALONG THE SOUT~:GRLY RIGHT-OF-WAY LINE OF SAID WEST; 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; THENCSeEfA§TERLY, 315.95 FEET,aLONG THE SOUTHERLY RIGHT-OF-WAY LINE DF SAID WEST 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A P INT OF TANGENT, SAID ARC HAVING AR,.DIUS pF..1392.50 FEET, A CENTRAL ANGLE OF 13°00'00" AND BEING SUBTENDED BY A CHORD. THAT 9SXRS N33°46'40"E, 315.27 FEET; - ^'riENCc ,$'3 °43'20"E, 530.82 FS:ET ALONG THE SOUTH~:RLY RIGHT-OF-WAY LINE OF SAID WEST 447H AVE,YUE TO THE EAST LINE OF THE S1/2 OF T14F NW1/4 OF SAID SECTION 20; ...5::l'_v.S'O09OS'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID' SECTION 20 TO THE MOST NORTHERLY CORNER OF TI AT TRACT OF LAND CONVEYED TO THE Lo r:.3^d~~^. 02 HIGHWAYS, STATE OF COLORADO, AS 7ESCRI8ED IN SPECIAL WARRANTY DEED; R CvRDEC' IN BOOK 1859 AT PAGE 72 OF THE RECORD: OF JEFFERSON COUNTY, COLORADO; ' 'E13`:Co .$c5°20'24"W, 33.20 FEET ALONG THE NORTH', EST£RLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID HOOK 1S"s9 AT.PAGE 72; T i:NCE,S3i°24'2'O"W, 609.87 FEET ALONG THE NORTHfESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1659 AT PAGE 72 TO THE EAST-WEST CENTERLINE OF SAID SECTION, 20: ~ .-ZNCS SS-9023'29"W, 971.10 FL'ET ALONG THE EAST-NEST CENTERLINE OF SAID SECTION 20; TV TR=--`1/4 CORNER OF SAID SECTION 20: Th?NCE,SO0°22'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 20. TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OFD H wHWAYS;.DIVISION OF HIGHWAYS, STATE OF COLORPJK) AS DESCRIBED IN SPECIAL WARRANTYi DEED RECORDED IN HOOK 2177 AT PAGE 367 OF THE REC)RDS OF JEFFERSON COUNTY, COLORADO; THENCE S84°15'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS- DESCRIBED IN SAID BOOK 2177 AT PAGE 367: THENCE 06°06'56"W, 199.73 FEET ALONG THE NORTEERLY LINE OF THAT TRACT OF LAND A5; DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NO.FTH-SOUTH CENTERLINE OF SAID SECTION. 19: T:S£NCE N00.°0B'41"W, 278.94 FEET ALONG THE NORTH-30UTH CENTERLINE OF SAID SECTION 19 TO TH_ TRLE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 04/17/08 FRI 11:16 ITX/RX NO 5158) 04/20/96 15: 29 -a jellco Com Seve Zool BOARD OVSr II 1.1~I "COMA,rrootnnrcne RRTF.FTNT.'. PAPRR y~IyoV1Vl~a+a~v aaava-~ ~a•v ~ BOARD UY L Wheat Ridge annexation of 44th industrial PArk Wednesday, April 22, 1998 (Xj For information ISSLM" The City of Wheat Ridge has proposed to annex 50.0 acres of land that will be zoned for industrial and office uses (see attached map). BACKGROUND This property was used for mineral extraction by the Adolph Coors Company. The Company has completed extraction of minerals from the property and sold die land to 44th Eldridge, LLC in February 1997. The land is currently vacant with a variety of low gasses, scrub oak and trees. The northern portion of the site slopes up from 20 - 30% or greater. The Reno Ditch occurs in this area. 44th Eldridge, LLC attempted to rezone the property in lefferson County on february 4, 1998. Issues arose on public improvements associated with West 44th, Avenue. The owner subsequently withdrew the rezoning application with the County and has pursued annexation with the City of Wheat R dge. DISCUSSION The proposed annexation complies with the Colorado Revised Statutes concerning annexations. The property has 1 /6Lh contiguity, the annexation will not extend the municipal boundary more than three miles in any direction mid the annexation will contain the full width of a platted street (a portion of West 44th Avenue,)- A response was received by the Fligtnvays and Transportation Department in regard to this request. This Department would like Wheat Ridge to annex all of West 44th Avenue where it is adjacent ro this proposal. Improvements are necessary to this minor arterial. Wheat Ridge has not indicated that These improvement will occur. The County is also concerned that maintenance problems will exist if the entire frontage of West 44th Avenue is not annexed ("see attached letter). REcO ,a YNDATIONS 1. Staffteconhmends that the County not object to the annexation by the City of Wheat Ridge. We strongly encourage the municipality to acquire additional right-of-way along West 44th Avenue where it is adjacent to this proposal. The right-of-way is needed to accommodate future site improvements. Furthermore, additional right-of-way and improvementsshould be acquired at the entrance to the proposal to accommodate traffic. Improvements and maintenance of West 44th Avenue should also be resolved by the municipality to reduce fragments of streets in County or cirviurisdicrion- CONTACT Timothy W. Carl (271-8772) post4ta Fax Nots 7671 It1 razo Hz5_7 '1 ~jrif.fih°J. e161 k0 ~y 04/20/98 13:30 $ Jeffco Com Sevc MEMORANDUM TO: Timothy Carl, Planner FROM: Administrative Review Team (ART) DATE: April 15, 1998 RE: 98015089AXP1; 44th Industrial park Annexation by Wheat Ridge Revised Comments The following supersede prior comments dated April 8, 1998: West 44th Avenue is designated as a minor arterial on the County's Major Thoroughfare Plan. The right-of-way width based on the County's template for a minor arterial is 100 feet, or 50 feet on either side of the centerline of the existing street. Additional right-of- way would be necessary to accommodate turning and speed change lanes at intersections. The right-of-way along the entire development boundary needs to be dedicated as a condition of the development approval to accommodate future street improvements. 2. In addition to the street improvements for West 44th Avenue required at the proposed intersection, Wheat Ridge should consider requiring arterial street improvements along the entire development boundary. If the improvements are not provided as a condition of this development proposal, Wheat Ridge would need to construct the improvements, as needed, in the future. 3. This industrial park proposal would likely generate fewer vehicle trips than the original residential plan. If however, a traffic study is required by Wheat Ridge to determine impacts on nearby streets and intersections, ART requests that a copy of the study be sent to the County for review and our files. 4. it is recommended that. West 44th Avenue be annexed along the entire frontage to prevent future maintenance problems that annexations can cause by creating unconnected fragments of streets in County or City jurisdiction. if you have any questions, please contact me at 8489. J mentAdministrator W'- JO copy to: Jeanie Rossillon, Design and Review Engineer Brad Sheehan, Development Review Coordinator Buck Benke, District Supervisor Q 002 ibL S r, Fairmount Fire Protection District - Protecting Lives And Property Si _ be RECEIVED April 16, 1998 arZ~ 6 Mr. Martin Omer Wheat Ridge Department of Community Development 7500 West 29h Avenue Wheat Ridge, CO 80033 i RE' ANX-98-3/WZ-98-8 13500 W. 44f Ave. I I Dear Mr. Omer: This letter is to confirm receipt and review of the annexation and zoning request for the above referenced property. Please consider it as response to question #5 of your verification of services form. The Fairmount Fire District has no objection to the request, but would like to submit the following comments: 1 Fire hydrants and a looped water system capable of providing the required fire flow will need to be installed and in operation before any above ground construction. Drawings - should be submitted to verify hydrant locations. 2- Roadways of an all weather surface and capable of supporting our fire apparatus must , be in place prior to construction of any buildings. 3- Due to the uniqueness of the property and the potential of having only one access point, each building built in this area will need to have a monitored automatic fire sprinkler system meeting the requirements of the National Fire protection Association (NFPA) 13. - i 4- A fire hydrant will need to be installed within 150' of the fire department of each building's sprinkler system. i 5- To enhance emergency access, no on street parking will be allowed. Appropriate signs will need to be installed along the roadway. Also an approved turn around must be j provided at the end of the cul-de-sac. I I I 4755 Isabell Street • Golden, Colorado' 80403 j Phone 13031279-2928 • Fax (303) 278-1252 l i 6- Drawings need to be submitted to this office for approval and compliance to the latest edition of the Uniform Fire Code. Permits will be issued by Fairmount Fire District for sprinkler and fire alarm systems. Building permits will need to be obtained from the City of Wheat Ridge Building Department. Providing the above concerns have been complied with, fire protection service will be provided to development within this area by the Fairmount Fire Protection District. i If I can provide any further information regarding this project, please contact my office. Respectfully, F_AIRM T FIRE PROTECTION DISTRICT 7 j Stephen F. Legault, Fire Chief i L 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge March 23, 1998 The Wheat Ridge Department of Community Development has received a request for annexation and zoning at the property described below. Your response to the following questions and any.comments on this proposal would be appreciated by April 8, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX-98-3/WZ-98-8 LOCATION: 13500 W. 44th Avenue/44th Industrial Park (Generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of 1-70)- REQUESTED ACTION: Annex into the City of Wheat Ridge and zone the property PID (Planned Industrial District) APPROXIMATE AREA: 50 acres I. Are public facilities or services provided by your agency adequate to serve this development? YES X NO. If "NO", please explain below. 2. Are service lines available to the development? Not Applicable YES NO. If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES X NO. If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? - YES X NO. If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? See attached letter Please reply to: Martin Orner: 235-2854 Department of Planning & Development DISTRIBUTION: X Water District (North Table Mountain) X Sanitation District (North Table Mountain) X Fire District (Fairmount) X Adjacent City (County Planning) X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department X Jeffco Schools X Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" e:\plann ing\foms\agendaref frm MEMORANDUM:. Date K \7 (APR CEIVED z► 1po~ TO: Alan White, Director of Planning and Development FROM: Bob Goebel, Director of Public Works SUBJECT: 44"' Industrial Park Annexation/ County Briefing Pape DATE: April 21, 1998 I have reviewed the County Commissioners. Briefing Paper and the attached memorandum from the Development Review Administrator. I offer the following comments. The County Wide Transportation Plan (CWTP) was developed to help identify roadway needs, among other things, through the year 2015. The "Needs Based Plan" identified needs based on projected TAZ buildout and projected congestion areas without regard to budget constraints. This segment of 44th was not identified as a need. I have a concern that the County has not made the necessary changes to their Major Thoroughfare Plan based on the CWTP. I cannot see the need for a 100 foot right of way when the CWTP does not project any congestion on this roadway segment in its present condition. With the improvements planned for the 1-70/SH58 interchange, the need for improvements to 44th become even less important. The open space along most of the frontage will not require access now or in the future. Therefore, no right or left turn movements will be occurring to or from this frontage and the need for accel- decel lanes on the south side of 44th does not exist. MEMORANDUM FApproved Date TO: Alan White, Director of Planning and Development FROM: Bob Goebel, Director of Public Works SUBJECT: Impact on services for proposed annexation on west 44th DATE: April 20, 1998 The proposed 51 acre annexation near 44th and 1-70 will add approximately 4,000 feet of streets and sidewalks to the City for maintenance. The internal street yet to be named is somewhat unique in that it is a cul-de-sac of very long length. It will only serve an industrial use. Our present classification system does not recognize such a street, however, technically speaking, it meets the requirements of a "neighborhood street" for anticipated volumes and speeds. In this unique case the "neighborhood" is industrial. This classification and its topography will place the street low on our snow plow policy. It will be swept on the same frequency as our other neighborhood streets. We do not expect that there will be a significant draw on services for the new internal street. A slight increase in the maintenance materials and/or fleet maintenance budget line items may be appropriate. The extension of our maintenance responsibilities to 44`h avenue will be somewhat greater as it is classified as a class 4 collector street. We expect to maintain this street in a similar manner to the way we presently maintain 40 in the area. It is high on our priority list for plowing. It is also adjacent to the entrance of the CDOT Maintenance Facility. During snow storms, these plows will do what it takes to get themselves in and out of their facility so I anticipate that the snow removal in this segment will be sufficient. If a traffic signal is warranted sometime in the future, it will add to our service draw for signal maintenance. This signal must be coordinated with the other signals in the area on 44 h at the 1-70 ramp, Ward Road, and Youngfield. The signal at Youngfield is under our jurisdiction and the others are under CDOT's jurisdiction. Striping and proper signage installation and maintenance of the extension will also become part of our service delivery and responsibility. The extension of 44"' will not significantly impact services. A slight increase in the maintenance materials, traffic maintenance, and fleet maintenance budget line items can be expected. Cc: Bob Middaugh, City Manager Martin Orner, EDS/Planner The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax 4 234-5924 April 17, 1998 Dear Property Owner: Police Dept. Fax 4 235-2949 GWheat Ridge This is to inform you that Case Nos. ANX-98-3 and WZ-98-8 which are requests for approval to annex into the City of Wheat Ridge and zone the property located at approximately 13500 W. 44th Avenue (generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) and known as the 44th Industrial Park as a PID (Planned Industrial Development) will be heard by the Wheat Ridge City Council on May 11, 1998, at 7:00 p.m. in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. All owners and/or their legal counsel of the parcel under consideration must be present at the above mentioned hearing. As an area resident or interested parry, you have the right to attend the Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against these applications which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other person whose presence is desired at these hearings. If you have any questions or desire to review any plans, please contact the Planning Planning Division. C:\Barbara\CCRPTS\PUBNOTIC\anx983-wz9882nd reading.wpd C. RECYCLED PAPER I also w' a receive the d SENDER- following . _vices (for an additional ietehemstandforservices.. •Com v 'm p fee): complete items 3, 4a, and 4b. 0Print your name and address on the reverse of this form so that we can velum this extra C1 Addressee's Address m card to you. y . of the mailpiece, or on the back if space does not 1. Attach this foml to the front Basin l m permit. _ i number. asldeli a ed land the date Consult po r fee. simastorfo t rpwilRl show to whom the article p the ` The Return Receip al c delivered. 4a. Article Number ed to: - >r 5 3. Article Address Z 3s d 8 Tom Hartley 4b. Service Type 111,,~~A d CC E 12345 West Alameda ❑ Registered Certified u CO 80228 Insured Lakewood, /s;Express Mail ANX-98-3/WZ-98-8 Return Receipt for Merchandise ❑ COD ( ~ - c o ~ 7.-Date of Delivery o J \ Addressee's Address (Only if requested m 3 5. Received By: (Print Name) `b'ap,tw= and fee is paid) tt- tu Addressee ar~A9 6. Signs Domestic Return Receipt 102595-97-6-0179 December 19 PS Form 3 1, m SENDER: I also wish to receive the q .Complete items 1 and/or 2 for additional services. following services (for an m .Complete items 3, 4a, and 4b. extra fey): our name and address on the reverse of this form 60 that we can retum this prim y `a card to you Z Attach this form to the from of the mailplece, or on the back if space does not 1. ❑ Addressee's Address Z ® . ` permit. 41 •wrte'Relum Receipt Requssted'on the marts1, article number. 2.❑RBStdcted Delivery article was as doli delivemered and the date th I e The Return Receipt will show to whom consult postmaster for fee. d a delivered. 0 4a: Article Number 3. Article Addressed to: Z o - I m Coors Brewing Company & 4b. Service Type fit ' fs E Tax Department CE-332 ❑ Registered Certified G 0 Golden, CO 80401 ❑ Express Mail Insured ANX-98-3/WZ-98-8 ❑ Return Receipt for MerchandsO J_-] COD 7. D t of D liv ry O 0 Addresse s Address (Only if requested ' 8 Y 5. Roca' rod . (P and fee is paid) r W ? 6. Signs e: (Add ee orA geny T X 9 Domestic Return Receipt PS Form 3811, December 1994 10259597-B 017 w SENDER: I also wish to receive the 'O •Complete hems 1 and/or 2 for additional services. following services (for an p m .complete items 3, 4a, and 4b. form extra fee): •pdm your name and address on the reverse of this so that we can return this g y o cardtoyou. . ❑ Addressee's Address .Attach this form to the from of the mailpiece, or on the back 'd space does not 1 T & t. perm 2 •write'Retum Receipt Requested' on the mailpiam below the article number. . [1 Restricted Delivery s date h ® e . .The Return Receipt will show to whom the article was delivered and t Consult postmaster for fee. o delivered. 4a. Article Number It 3. Article Addressed to: - E Express 4b. Service Type 8 Blackhawk Central City Ace Ex o E 14000 W. 44th Ave. ❑ Registered Certified W ' . Golden, CO 80403 ❑ Express Mail Insured ~ W ANX-98-3/WZ-98-8 ❑ Return Receipt for Merchandise ❑ COD 0 7. Date Deli w ery j Q T 2 9. Addressee's Address (On Y if requested . 0 - 5. Received By (Pr nt Name) and fee is paid) F W 6. sign ure: (Addressee orAgen T v 9 Domestic Return Receipt % 102595-97-e-017 P rm 3811, comber 199 4 0 rtl m d ~rl Q ~ . 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Colorado Departmen of - 4b, Service Type~~ E Transportation °0 4201 East Arkansas Avenue ❑ Registered ❑ Express Mail Insured Denver, CO 80222 ❑ RtttumReceiptlorMerchanmse ❑ COD ANX-98-3/WZ-98-8 Date of Delivery 7 c . r dress (Only if requested ssee C ' 5. Received By: (Print Name) S. ~re FFF3 6. Signature: (Addressee or Agent) , ~'GL t . LL yeti l~ Domestic Return Receip t _ PS Form 3811, becemb r 194 102595-97 8-0179 SENDER: I also wish to receive the $ .Complete items 1 and/or 2 for additional services. following services (for an A .Canpiete Kama 3, 4a, and 4b. Bxira fBe): .pdm your name.nd address on the reverse of this form so that we can return this ai card to you. .Attach this form to the from of the meilpiece, or on the back if specs does not 1. ❑ Addressee's Address 11 Z ' Very Z Penh. u aWnte'Rstum Receipt Requested' on the maiipiece below the article nuembere 2.❑RBStdded D0 .The Return Receipt will show to whom the article was delivered. and, ;.,Aat Consult postmaster for fee. S . § p Artlcle Addressed to: 3 4a. Ardc C . ~ 6L- I J E fi Golden Properties, Ltd 4b. Service Type E 1600 Jackson Street, # 150 ❑ Registered Certified Im Golden, CO 80401 ❑ Expre s Mail Insured a ANX-98-3/WZ-98-8 ❑ Re eceiptf Memhandse ❑ CAD ° $ 7. Date f elivi ry ` (JV ; a Y s's Address (Only i/requested Andres 8 m 5. Re~ ed B . (P~1t Name) ~~~r,~ i . and (ee is paid) g 6. Signatut Andre o orA ent) r X ns Domestic Return Receipt Ps Form 38 , December 1994 1o259s-97-s-o SENDER: I also wish to receive the S .complete items 1 andfor 2 for addleonel services. following services (for an a .Complete demo 3, 4a, and 4b. apdm your name and address on the reverse of this form so that we can retum this u - d extra fee): ' . • . to yo car eAaach this form to the from of the mailplece, or on the badc'd space does not s Address ❑ Addressee t. 0 permit. below W d ricl m ein mate ReceipttR~owt e Ra 2• ❑ Restricted Delivery ~ l delivere the article owwm Re R Consult postmaster for fee. a. 6 delivered. x 3. Article Addressed to: 4a. Article Number - /S <--7 sf tery Assn. J Mount Olivet Ceme 4b. Service Type m a 44th Avenue 12801 WI CO 80403 lden Certified ❑ Registered rn , Go ANX-98-3/W Z-98-8 ❑ Express Mail Insured ❑ e Receipt f r Mercha ise ❑ COD i i 0 T 5: Received By: (Print lams) ddresse s der (Only if requested ' C and lee is p r . ~ ture:.(I!d- dresseeorAgenf) ~ - 4 a 102595-97-a-0179 tic Return Receipt 811, December 199 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 16, 1998 DATE PREPARED: April 8, 1998 CASE NO. & NAME: 'A=- Z-98-8 CASE MANAGER: Martin Orner ACTION REQUESTED: Approval of annexations and zoning. Y ' LOCATION: Generally Located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County with approximate address of 13500 West 44th Avenue APPLICANT(S): Tom Hartley OWNER(S): 44 Eldridge LLC c/o Tom Hartley 12345 West Alameda Avenue, Lakewood, Colorado 80228 APPROXIMATE AREA: Combined total of approximately 51 acres PRESENT ZONING: County Zoning: Agricultural Two and Mineral Conservation PRESENT LAND USE: Undeveloped land SURROUNDING ZONING: North: Planned Development and Agricultural Two (County) South: Highway 58, then Planned Development and Agricultural Two (County) East: Agricultural One (City) West: Planned Development (County) SURROUNDING LAND USE: North: Cemetery South: Highway 58, then undeveloped East: Department of Transportation maintenance yard, Interstate 70, then commercial, industrial and residential West: Eldridge Street, then commercial and industrial COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: Retail, Office and Industrial DATE PUBLISHED: March 27, 1998 DATE POSTED: March 31, 1998 DATED LEGAL NOTICES SENT: - March 23, 1998 - - ENTER INTO RECORD: - _ (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST This is an annexation and zoning request for property located directly adjacent to the City of Wheat Ridge approximately located at 13500 West 44" Avenue. The request is for two parcels of property being considered for annexation with corresponding Case Number ANX-98-3. Should the annexations be approved, the parcels could then be zoned with one action, being Case Nos. WZ-98-8. In anticipating development of his land, the property owner previously submitted to the County an application to zone the property for industrial land uses. The County Planning Commission recommended approval with conditions to the Board of County Commissioners. Upon learning of this action, and after determining that the impacts from the development of the property, predominantly traffic and day time population generation, would largely be upon the City and services therein, City staff initiated discussions with the property owner to explore the opportunity of annexation of the property to the City. The property owner was agreeable to the annexation, and the concept was brought before the City Council which unanimously approved a non-binding referendum to encourage the property owner to proceed with the annexation. Case No. ANX-98-3 relates to two parcels, with a combined area of approximately 51 acres. Due to State of Colorado requirements for contiguity of land being annexed, the subject property has been divided into two parcels, Parcel I and Parcel 2. These parcels are the subject of this Annexation Case No. ANX- 98-3. The entire property is currently undeveloped and is zoned Mineral Conservation by the County which permits mineral and resource mining of the land. Exhibit `A' is the legal description of the properties proposed for annexation. Case No. WZ-98-8 is for the zoning of the property to Planned Industrial Development (PID) for land uses similar to although somewhat more restrictive than those proposed to the County. Exhibit `C' is the legal description of the properties proposed for zoning. Exhibit `B' is the proposed list of permitted land uses for the property. Planning Department staffbelieves that annexing and zoning the property as proposed will best serve the interests of the City in the following ways: 1. The City receives the regulatory authority over proposed land uses on the property. 2. The City receives the regulatory control over quality of construction and landscaping of the property. 3. The City's Police Department receives the ability to police the property. 4. The City receives an economic benefit of the property development which will offset the cost of wear and tear incurred by the development on City infrastructure. II. NEIGHBORHOOD MEETING A neighborhood meeting was held on April 7, 1998. The following persons attended: Martin Omer - Planning staff Tom Hartley - owner Tom Duffy - owner's real estate agent Phyllis Lewis - 4475 Eldridge Street - neighbor to the subject property The following items were discussed ♦ Circulation plan for 44" Avenue, access to the property and the internal roadway ♦ Internal roadway realignment with the Mount Olivet Cemetery driveway and associated traffic signal ♦ Design regulations being proposed within the PID to promote a degree of architectural uniformity of new buildings ♦ The number and configuration of the lots proposed for the subdivision. ♦ Time frame for the land development and the anticipated completion of all new construction III. CRITERIA FOR EVALUATION ANNEXATION: The Wheat Ridge Code of Laws does not contain criteria for review of an annexation, but State of Colorado statutes provide criteria for eligibility for annexations. These criteria are: Not less than one-sixth of the perimeter of the area is contiguous with the boundary of the annexing municipality. 2. That a community of interest exists between the annexing area and the annexing municipality. The annexing area is urban or will be urban in the near future. 4. The annexing area is integrated with or capable of being integrated with the annexing municipality. It is necessary and desirable to annex the property. State statutes also state that meeting the requirement of contiguity "shall be a basis for a finding of compliance with these requirements, unless the governing body finds that at least two of the following are shown to exist:" Less than 50% of the residents of the area to be annexed make use of part or all of the following facilities of the municipality: recreational, civic, social, religious, industrial, or commercial; or less than 25% of the area's adult residents are employed in the municipality. 2. One-half or more of the land to be annexed is agricultural. 3. It is not physically practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria-are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents directly east of the subject properties. Development of the property as proposed by the applicant is considered to be urban level development. It is reasonable to assume that future users of the developed property will make use of the City's commercial facilities and road infrastructure. State statutes also require that a plan for the area extending three miles from the City's boundaries be in place. The City Council has adopted the Jefferson County North Plains Community Plan, with modifications, as the City's Three Mile Plan. That plan shows the area under consideration for annexation as retail, office and industrial use. Annexation is a policy decision which rests more on the question of whether the City should annex an area considering the positive and negative aspects of the annexation than on set criteria. In other words, do the costs of providing services to the annexing area balance with the revenues anticipated? Can services be provided in a cost effective manner if nearby development is also served? Is the annexation a logical extension of the City's boundaries and service provision capabilities? Are there other benefits or circumstances of annexing that outweigh these considerations? The conclusion of this staff report reflects staff's belief that ample criteria and findings exist to show the City should annex the subject property. ZONING: Exhibit `C' is the legal description of the property proposed for zoning. Staff has the following comments regarding the criteria used to evaluate a zone change or approval. 1. That the zoning 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 City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed land use of Planned Industrial is in conformance with the North Plains Community Plan designation of retail, office and industrial land uses. The existing Jefferson County zoning is Mineral Conservation and Agricultural Two. Staff s findings are similar to the County Planning Department's findings in that: a. The proposal will act as a transitional component between the uses occurring to the north and south. b. The 10 acre area to be reserved as native vegetation directly adjacent to and south of 44`h Avenue will minimize the impact of the development on the surrounding area. C. No known commercial mineral deposits exist upon the subject property. d. The proposal includes criteria for project landscaping and lighting which are similar to or higher quality than those of the County and those typical of the City light industrial zone. e. The proposal includes criteria for building setbacks which are similar to the typical setback criteria found in the City, with the exception of proposed front setbacks. The applicant proposes minimum front setbacks for buildings facing the project's internal roadway of 30 feet where the standard City front setback is 50 feet. Staff supports the applicant's proposal since the internal roadway will primarily serve project users, and will therefore not create a visual impact on other City residents. Proposed criteria for setbacks, landscaping and lighting are found in Exhibit B. f The proposal includes specific permitted land uses which are more restrictive than those proposed to the County and also more restrictive than those typical of the City's light industrial zone district. Staff supports the Applicant's anticipated land uses, which are fully described in Exhibit B. 2. That the proposed zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property is bordered on the south by Highway 58 and on the east by Interstate 70, both roadways effectively separate the subject property from land uses further to the south and east. Mount Olivet Cemetery is north of the subject property which land use is not considered incompatible to the proposed Planned Industrial Development. The property is bordered on the west by a commercial/industrial transportation business, with which the proposed PID is considered compatible. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the zoning. The following benefits to the community will be achieved as a result of the proposed annexation and zoning: a. Economic benefits. The City will collect all applicable taxes generated by the development. b. Physical benefits. The City will gain regulatory control of land uses allowed on the property. c. Social benefits. The land would be within the City's Police Department jurisdiction. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the zoning, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. The developer of the property will be required to construct roadway improvements associated with this development, as well as any site specific drainage facilities. 5. That the proposed zoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reduce light and air to adjacent properties. The applicant has agreed to install development related public improvements designed to mitigate any possible negative impacts to the public, specifically a deceleration lane and a left turn lane on 44`h Avenue, as well as site specific drainage facilities. Specifics regarding the roadway irprovements car. be found in the Annexation Agreement which is part of this package. Additionally, the applicant has agreed to dedicate an additional 10 feet of right-of-way for the south side of 44' Avenue in anticipation of possible future road improvement needs. 6. That the property cannot reasonably be developed under the existing zoning conditions. Development of the property as a planned light industrial park would require rezoning the property from Mineral Conservation. The County Planning Department has stated that no commercial mineral deposits exist upon the subject property. Therefore, the zone designation of Planned Industrial Development, along with corresponding land uses, furthers the determination that PID zoning is appropriate for the property. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The Planned Industrial Development zoning will allow the reasonable development of the property in conformity with the City's Three Mile Plan. 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. The Planning Department concurs with the applicant that there is a significant demand for planned light industrial development in this area. Staff believes that the subject location is appropriate for said development in that the development will not negatively impact adjacent land uses or property owners. IV. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Department of Public Works Department: a. Please change document title to "Annexation Plat No. 9, and Annexation Plat No. 10". The City is currently working on other annexations and would like to maintain consistency in naming for filing purposes. b. Please add symbol to legend for found quarter corners. C. Please identify corners as "N 1/4 corner Sec. 19", etc. Add L.S. number that is on cap. Provide monument records for Section 19. d. Please provide a vicinity map. e. Recording stamp should be for Clerk and Recorder. f The statute reference in the surveyor certificate is for definitions of monument survey. g. The monument identifies as "SE 1/4 Sec. 19" is a witness corner along the line between Sections 29 and 30. h. Please delete the reference to Parcel 2 from the first plat. i. The Wheat Ridge boundary goes 25.06' north of right-of-way on West 44`h Avenue at east end of Parcel 1. j. The monument identified as C-W 1/16 Sec. 20 shown measurements would be to 1/4 corner. k. Please show percent contiguity in perimeter data. 1. Please clarify why you are showing a temporary construction easement from 1991. Is it still in effect? in. Please clarify your witness comer reference, perhaps with a detail. NOTE: 1. The City has a data base and coordinates for all section corners within the City. We will require that these bearings fit our coordinate base. Please call our office for this information. 2. Please return all red-lined prints with the second submittal. 2. Prospect Recreation District: a. In a letter dated April 2, 1998, the Recreation district expressed its concern that the loss of taxation authority over the subject property or any property currently within the District, would jeopardize the economic viability of the District. In a previous letter to the Recreation District dated March 11, 1998, Wheat Ridge Director of Planning and Development Director, Alan White, advised that leaving the subject properties within the District after the completion of the property's annexation to the City would create a situation of overlapping services and taxation on the property. The Planning and Development Director requested that the Recreation District boundaries be revised to exclude the properties which are the subject of the annexation action, which request remains unchanged. Responding Without Concerns: Scientific and Cultural Facilities District North Table Mountain Water and Sanitation District City of Wheat Ridge Police Department Notified But Not Responding: Fairmont Fire Protection District Jefferson County Planning Department Public Service Company U.S. West Communications State Land Use Commission State Geological Survey Colorado Department of Transportation Wheat Ridge Forestry Division Urban Drainage and Flood Control Dist. Metro Wastewater Reclamation Dist. V. STAFF RECOMMENDATION: Colorado Division of Wildlife Jeffco Health Department Jeffco Schools Jeffco County Commissioners TCI of Colorado Wheat Ridge Post Office Wheat Ridge Park and Rec. Commission Wheat Ridge Building Division Regional Transportation District Denver Metro. Major League Baseball Dist. Staff concludes that the proposed annexation meets the state criteria for annexation eligibility, is a logical extension of the City's boundaries, is able to be served by and is in the best interest of the City. Staff also finds that a similar albeit somewhat less restrictive zoning proposal was recommended for approval by the County Planning Department and the County Planning Commission. Therefore, staff recommends approval of the annexation. Staff concludes that the proposed zoning of the property to Planned Industrial Development meets the corresponding City criteria and the proposed land uses are considered appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends approval of the zoning change with associated conditions of approval. VI. RECOMMENDED MOTIONS ANNEXATIONS 1. "I move to recommend that the City Council APPROVE Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44th Industrial Park, Parcel 1, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property." 2. "I move to recommend that the City Council APPROVE Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44' Industrial Park, Parcel 2, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44`h Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons: 1. The annexation meets the state criteria for annexation eligibility. 2. The annexation will be a logical extension of the City's boundaries. 3. The annexation will allow the City to gain regulatory control of the development and usage of the subject property." "I move to recommend that the City Council DENY Case No. ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory known as the 44th Industrial Park, Parcel 1, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with an approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit A for the following reasons: 1. 2. 3.". 2. "I move to recommend that the City Council DENY Case No. ANX-98-3, "Annexing to the City of Wheat Ridge unincorporated territory known as the 44th Industrial Park, Parcel 2, generally located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street with approximate address of 13500 West 44th Avenue, County of Jefferson, as legally described in Exhibit A" for the following reasons. 1. 2. 3." ZONING 1. "I move to recommend that the City Council APPROVE Case No. WZ-98-8, An ordinance zoning certain property known as 44" Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44`h Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. It would allow the planned and intelligent development of the properties. 3. There would be no significant negative impacts as a result of the zoning. 4. The zoning is consistent with the City's Three Mile Plan. With the following conditions: 1. The list of permitted land uses shall be restricted to those contained in Exhibit B. 2. The applicant/owner shall be solely responsible for all public improvements as listed in Exhibit C. Said improvements shall meet the approval of the City's Public Works Director. 3. All requirements of the City of Wheat Ridge Department of Public Works as listed herein shall be addressed to the satisfaction of the Department of Public Works prior to the recording of any subsequent final plats, or prior to the issuance of any building permits." 2. "I move to recommend that the City Council DENY Case No. WZ-98-8, An ordinance zoning certain property known as 44' Industrial Park, Parcel 1 and Parcel 2, within the City of Wheat Ridge with an approximate address of 13500 West 44th Avenue, County of Jefferson, Colorado, as legally described in Exhibit C, Planned Industrial Development pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, for the following reasons: 1. 2. 3." C 1Bubma\PCRPTS\anx98-3PC.wpd I I/■ I ' p 5590 1 I I I 1 I II J ....-G d II e 1 PI II L At I I! 1 LCI %.-r =r11' A MCUIa I 1 1 i I l ~1 I SITES =1 18 -1 \ NP, ' I "'j, sc 11 IN VICINITY MAP SCALE: 1" = 2000' :116- N EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83'46'40"E; THENCE. ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, S89'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR 22.57 ACRES, MORE OR LEGAL DESCRIPTION - PARCEL 2 69 PARCEL LAND SECTIONS MERIDIAN, COUNTY TOWNSHIP JEFFERSON, STATE OF WEST OF THE 6TH PRINCIPAL COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, 589'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, S00'22 '26"W A DISTANCE OF 275.38 FEET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50", A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THENCE, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, 572'10'27"E A DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF . SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. EXHIBIT B a) Statement of Proposed Zoning: The 44' Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users. The rezoning request is from Jefferson County MC Zone (Mineral Conservation) to City of Wheat Ridge PID, Planned Industrial District, and is accompanied by and attached to the request for annexation. b) Proposed Uses: Use Area 1 Permitted Uses: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses (not to exceed a total land area of 2.2 acres), or storage of any commodity with the following exceptions: (a) No commercial explosives may be included. (b) Sales, warehousing, storage, collection of materialg, including machinery or vehicles not in operating condition, may be permitted only if contained within a fully enclosed building. 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. 5) Repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. 6) Veterinary hospital. 7) A motor vehicle service station, gasoline filling station, car wash, and convenience store. 8) All office uses, except banks and other financial institutions. 9) Laboratory. 10)' Research and development facility 11) Micro-cell or repeater telecommunications facility. 12) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. 13) Other similar industrial uses which are not more detrimental to the highest and best use of land in this district than the permitted uses listed above, subject to Planning Directors interpretation, with appeals to Planning Commission and City Council. 14) Accessory use of outdoor storage to principal building use shall be permitted on all lots, outside buildings as long as the storage area is screened from public view and with a solid screen fence 6 feet high. No storage materials shall be allowed in front yard setbacks. Storage areas need not be hidden from over view from adjacent roads. No storage shall be over 6 feet in height except vehicle and equipment that are associated with the principal use of lot. Use Area 1-A (0.7 Ac. west of railroad track) 1) Parking 2) Railroad access 3) Accessory uses to existing contiguous property user to west. 4) Micro-cell repeater Telecommunications Facility. 5) All uses permitted in Use Area 1. Use Area 2 Permitted Uses: 1) Open Space 2) Landscaping 3) Fencing, as may be necessary 4) Project entry monumentation 5) Vehicular access 2 Use Area 3 Permitted Uses: C) 1) Designated native or natural open space (Use Area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses suited for this area. This area is bounded by West 44' Avenue southerly to the alignment of the Reno Ditch. Site Data Total Property Area Area 1 (Outline Development Plan) Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parking Off street parking requirements will adhere to the following standards. 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: I space for each 200 square feet of office, and I space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. 51.05 Acres 39.5 Acres 45% 50 Ft. 10% 90% .45 FAR 3 Area 1-A Maximum Building Coverage Maximum Building Height Landscape Coverage - minimum per lot Total Lot Coverage by Structure, paving and storage Gross Floor Area maximum Parking Off street parking requirements will adhere to the following standards. 0.7 Acres 45% 50 Ft. 10% 90-°/a .45 FAR 1) Office space, veterinary hospital and other similar uses: 3.0 spaces per 1,000 square feet Gross Floor Area. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet Gross Floor Area. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 4) Manufacturing, processing or fabrication facilities: 1 space for each 200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet Gross Floor Area. 6) Off street loading space; Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. Area 2 (Landscaping, Fencing and Signage only) 0.25 Acres Landscaping Coverage 100% Maximum Sign Height 10 Feet Maximum Sign Face 80 Sq. Ft. Maximum Number of Sign Faces 2 Minimum Sign Setback 8 Feet 4 Notes: d) e) 1. Required corner vision triangle criteria of the City of Wheat Ridge shall be met. 2. "Entry signage or monumentation shall be allowed to be lighted by either ground mounted lighting or interior non-glare lighting. Area 3 Native/Natural Open Space 10.6 Acres Building Setbacks: Area 1 & Area 1-A Minimum Front Yard (Internal Street) 30 Feet Minimum Side Corner Lot 30 Feet Minimum Side Yard (Internal Lot) 10 Feet Minimum Rear Yard adjacent to street or highway 30 Feet Minimum Yard to Rear Property Line Fence Interior to Property 10 Feet Parking Lot Setbacks Minimum Front Setbacks to any Parking Lot 10 Feet Minimum Side Setback for any Lot 5 Feet Minimum Rear Setback to Interior Lot 10 Feet f) Lot Access g) Vehicular access to all lots will be from internal streets except for Use Area 1-A west of the railroad tracks. Multiple Lot Ownership In case of multiple lot ownership by the same purchaser/owner, setback and other related requirements as they would effect interior lot lines shall be waived, subject to an administrative process by the City of Wheat Ridge. 5 h) Open Space and Landscaping 1) The minimum percentage of landscaped area per lot shall be 10%, but not less than 67% of this 10% landscaped area shall occur in the front setback area to building. 2) Additional on lot landscaping may occur at owner's choice. 3) The following minimum sizes apply wherever landscaping is required: Deciduous shade trees Evergreen trees Ornamental trees Shrubs 2 %2 caliper 6 ` height 1 %2 caliper 5 gallon container 4) Maximum amount of high water consumption sod (i.e. Bluegrass shall be 50% of landscaped area. 5) Two ornamental trees may be substituted for 1 deciduous shade tree, as required 6) The ration of coniferous trees shall be 60% 7) All turf shall be a blend of grasses native to this area. 8) The landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. 9) Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. 10) Any one of the following techniques may be used to landscape areas adjacent to 44" Avenue, (for only the length of development where lots are adjacent to 44" Avenue, - the entry west to Reno Ditch) and interior street and parking areas on individual lots: (a) Within a minimum strip of 10 feet, provide shrubs at a spacing of 5 feet on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. (b) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. 6 (c) Within a minimum width of 10 feet provide a 3 foot high opaque fence or wall. A minimum of 1 tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 11) Landscape treatment on rear of lots that back. up to State Highway 58. The entire length of highway 58 shall have a 6 foot high black clad chainlink fence with 3 strand security barb wire on top. The landscape treatment along Highway 58 abutting adjacent lots in a 10 foot irrigated strip shall be: 1 evergreen tree (minimum 6 foot height) and 3 evergreen shrubs (minimum 5 gal. size) every 25 lineal feet. 12) Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. 13) Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plan Such areas shall be deemed to include the subject property and that portion of any adjacent public street right of way, from the property line to the back of the adjacent curb. 14) Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with County approval. Replacement shall occur within one growing season. 15) Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. i) Si na e Unless otherwise noted in other areas of these regulations all signage shall be in accordance with Section 26-401 of the Wheat Ridge Code of Laws. j) Lighting All exterior lighting shall be in accordance with Section 26-30(S) of the Wheat Ridge Code of Laws. k) Architectural Treatment - Building Fronts The architecture will be of wood, wood beams, and masonry (stone), metal, tiltup concrete and stucco. Colors and textures will be natural and earth tones. 7 EXHIBIT C LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 19 AND IN THE WEST 1/2 OF SECTION' 20, ALL IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19, THENCE S00008'41"E, 35.28 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF, WEST 44TH AVENUE CONVEYED TO JEFFERSON COUNTY AS DESCRIBED IN WARRANTY DEED RECORDED' IN BOOK 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,- AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY, 107.62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44THt AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID ARC HAVING A RADIUS OF 995.00 FEET', A CENTRAL ANGLE OF 6011'50" AND BEING SUBTENDED; BY A CHORD THAT BEARS N80022'35"E, 107.57 FEET; THENCE N77016'40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST, 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A' RADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" AND BEING SUBTENDED. BY A CHORD THAT BEARS N83046'40"E, 315.27 FEET; THENCE S89043'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST, 44TH AVENUE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20; THENCE S00005'46"E, 119.94 FEET ALONG THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID: SECTION 20 TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED? RECORDED IN BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE S64020'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; THENCE S31024'20"W, 609.87 FEET ALONG THE NORTHWESTERLY4 LINE OF THAT TRACT OF LAND': AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72 TO THE EAST-WEST CENTERLINE OF SAID SECTION, 20; THENCE S89023'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20. TO THE W1/4 CORNER OF SAID SECTION 20; THENCE S00022'26"W, 275.38 FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 201 TO THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OFi HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTY.! DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO;! THENCE S87015'49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS{ DESCRIBED IN SAID BOOK 2177 AT PAGE.367; THENCE N76006'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS' DESCRIBED IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION; 19; THENCE N00008'41"W, 278.94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19. TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. - City of Wheat Ridge'` z'~ ~ ~ cell Planning and Development Department Memorandum TO: Bob Goebel, Public Works Director Jack Hurst, Chief of Police FROM: Alan White, D ector of Planning and Development through Martin Omer, Economic Development Specialist SUBJECT: 44`h Avenue Annexation (51 acres proposed as Planned Industrial Development) DATE: April 14, 1998 The City Manager has requested that an impact analysis be prepared by the City which generally explains the impacts of this proposed project to City services such as the police force (the need for additional officers and/or police equipment to patrol the project) and the Public Works Department (the need for additional staff and/or additional equipment to maintain the interior street). Planning Department has assumed that there would not be a need for additional equipment nor an unreasonable added work load on existing department staff. Your confirmation or alternative projections would be greatly appreciated prior to Friday, April 24. Attached for your use is a copy of an area map and the applicant's list of permitted land uses. Thanks attachments J ner~ ZbeZ qoT APPEAR To BE" .Q 5/4.N/rte/C9NT 1,ALo EU,FoRGE'M EN r Im pAer VP 771/5 Aovl-14 ~ Team A"0 VEllae)OMEXSr. ~;L CITY COUNCIL MINUTES: APRIL 13, 1998 Page -3- That the Council Bill is amended by the addition of anew Section 22 which states that on or before June 15, 1998 the City Council shall appoint and train members of the Authority and in the event they are not trained by June 15, 1998, the City Council can establish by motion a new date by which they shall be trained. Mr. Middaugh addressed some of the changes that were made to the Ordinance; these were the result-of a meeting between him, Chief Hurst, Wanda Sang, and discussed with Jerry Dahl. Mr. Siler asked for an amendment under Section 5. G. words "or without" cause. Mr. Siler then asked if we could stop this Ordinance consider the rest of it at a Study Session. Mrs. Worth made a point of order that staff is only for five minutes at a time. Mr. Siler moved to suspend the Rules so Mr. Middaugh portion of the discussion of the Ordinance; seconded failed 5-3 with Councilmembers Shaver, DiTullio, and (This needed a majority vote of 6 to pass) to strike the at Section 6. And allowed to speak can complete this by Mr. Donnelly; Worth voting no. Motion by Mrs. Worth that this be postponed to a Study Session for further consideration and explanation by the staff; seconded by Mrs. Dalbec; failed 4-4 with Councilmembers Worth, Dalbec, DiTullio, and Shaver voting yes. Mayor Cerveny broke the tie by voting yes. Motion to postpone carried 5-4. ORDINANCES ON FIRST READING Item 3. A. Council Bill 11 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 1 of the 44th Industrial Park Property generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County. (Case No. ANX-98-3) B. Council Bill 12 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Parcel 2 of the 44th Industrial Park Property generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge Street in Jefferson County. (Case No. ANX-98-3) CITY COUNCIL MINUTES: APRIL 13, 1998 Page -4- C. Council Bill 13 - An Ordinance zoning certain property known as 44th Avenue Industrial Park Parcels 1 and 2 and generally located South of 44th Avenue, North of Highway 58, West of Interstate 70 and East of Eldridge street within the City of Wheat Ridge, Colorado, -as Planned Industrial District (PID) Pursuant to Section 26-6 (c) of the Wheat Ridge Code of Laws and amending the zoning ordinance and map to-conform therewith. _ (Case No. WZ-98-8) Council Bills 11, 12, and 13 were introduced on first reading by Mrs. Dalbec; titles and summary read by the Clerk. Alan White was sworn in by the mayor and handed out a revised Exhibit B that goes with the ordinance to rezone the property; attached to that is the outline Development Plan. Motion by Mrs. Dalbec that Council Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Dalbec that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Dalbec that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, May 11, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, with the following changes: Under Section 2. (A) Section 26-19 should read 26-25; and to accept the amended Exhibit B; and that language concerning truck stops not being allowed, be added; it take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge 08 March 23, 1998 The Wheat Ridge Department of Community Developrnen a request for annexation and zoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aoril 8: 19985 No response from you by this date will constitute no objections or concerns regarding this proposal. CASENO: ANX-98-3/WZ-98-8 LOCATION: 13500 W. 44th Avenue/44th Industrial Park (Generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) REQUESTED ACTION: Annex into the City of Wheat Ridge and zone the property PID (Planned Industrial District) APPROXIMATE AREA: 50 acres 1. Are publ c 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? N N YES NO. If "NO", please explain below. 3. Do yot~ve adequate capacities to service the development? YES NO . If "NO"; please explain below. 4. Can and ~``ill your agency service this proposed development subject to your rules and regulations? YES C NO If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? PO Please reply to: Martin Orner: 235-2854 Department of Planning & Development DISTRIBUTION: X Water District (North Table Mountain) X Sanitation District (North Table Mountain) X Fire District (Fairmount) X Adjacent City (County Planning) X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department X Jeffco Schools X Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" e1pimningVorms\agendaref.frm 44 Eldridge, L.L.C. 12345 West Alameda Parkway, Suite 100 • Lakewood, Colorado 80228 (303) 969-8400 • Fax (303) 986-5494 April 8, 1998 Martin Orner City of Wheat Ridge 7500 W_ 29th Avenue Wheat Ridge, Colo. 80215-6713 Dear Martin; Please find enclosed a copy of the Operating Agreement and Articles of Organization of 44 Eldridge, LLC verifying the authority of Thomas L. Hartley, the manager. This is to clarify that Thomas L. Hartley is the manager and principal owner of 44 Eldridge LLC and has the authority to conduct any and all agreements and contracts. We will execute any agreements that are required to conform with the regulations of City of Wheat Ridge. . Yodrs - ruly I omas L. Hayti TLH:jj encl. OPERATING AGREEMENT OF 44 ELDRIDGE L.L.C. A Colorado Limited Liability Company ~V THIS OPERATING AGREEMENT is made as of this _day of March, 1997, by and among all of the original members of 44 Eldridge L.L.C., a Colorado Limited Liability Company, who are identified in Section 5.1 hereinbelow. 1. DEFINITIONS. As used in this Agreement. 1.1 "Act" means the Colorado Limited Liability Company Act, as it may be amended. 1.2 "Agreement" means this operating Agreement, as it may be amended. 1.3 "Articles" means the Articles of Organization of the Company filed with the Colorado Secretary of State, as they may be amended. 1.4 "Bankruptcy" means the filing by a Member of a petition commencing a voluntary case under the federal Bankruptcy Code; a general assignment by a Member for the benefit of creditors; an admission in writing by a Member of his or its inability to pay debts as they become due; the seeking or acquiescence by a Member in the appointment of any trustee, receiver, or liquidator for the Member or for any part of the Member's property; or the commencement against a Member of an involuntary case under the federal Bankruptcy Code, or a proceeding, under any receivership, composition, readjustment, liquidation; insolvency, dissolution or similar law or statute, if not dismissed or vacated within 60 days. 1.5 "Capital Account" means the capital account to be established and maintained for each member in accordance with Section 6.2. 1.6 "Code" means the Internal Revenue Code of 1986, as amended from time to time (including corresponding provisions of subsequent revenue laws). 1.7 "Company" means 44 Eldridge L.L.C. 1.8 "Dissolution" means the change in relation of the Members caused by an event of withdrawal of a Member or as otherwise provided in Section 16. 1.9 "Distribution" means a distribution of money or other property made by the Company with respect to a Membership Interest. 1 1.10 "Fair Market Value" means, as to any property, the price at which a willing seller would sell and a willing buyer would buy such property, having full knowledge of the relevant facts, in an arm's-length transaction without time constraints, and without being under any compulsion to buy or to sell. 1.11 "Fiscal Year" means the fiscal and taxable year of the Company, as determined under this Agreement, including both 12-month and short taxable years. 1.12 "Liquidation" means the process of winding up and terminating the Company under Section 17 if it is not continued after an event causing its Dissolution. 1.13 "Manager" means the Manager elected by the Members as provided in Section 10.1. 1.14 "Member" means each of the persons identified in this Agreement under Section 5.1, as well as any other person who may subsequently be admitted as a Member pursuant to the terms of this Agreement. 1.15 "Membership Interest" means the pro rata share of profits and losses, gains, deductions, credits, cash, assets, and other distributions of a Member expressed as a percentage interest. The initial Membership Interests of the initial Members are as set forth in Section 5.1. 1.16 "Membership Rights" means the rights of a Member, including both the Member's (i) Membership Interest and (ii) right to participate in the operation of the Company as set forth herein. 1.17 "Principal Office" means the Company's office at 12345 Alameda Parkway, #100, Lakewood, Colorado 80228, or such other location as the Manager may determine. 1.18 "Officers" means the officers of the Company appointed by the Manager as provided in Section 10. 1.19 "Permitted Transferee" means a Person to whom a Membership Interest may be transferred under Section 14.2 without compliance with Sections 14.3 and 14.4. 1.20 "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, limited liability company, partnership, association, trust, estate or other legal entity. 1.21 "Third Party" means a Person other than a Permitted Transferee. 2 1.22 "Third Party Offer" means a bona fide, non- collusive, binding, arm's-length written offer from a Third Party stated in terms of U.S. dollars. 1.23 "Transfer" means a sale, exchange, assignment, encumbrance, gift or other disposition, whether voluntary or by operation of law. 1.24 "Transferee" means a Person to whom a membership Interest is transferred in compliance with this Agreement. 1.25 "Transferor" means a Person who transfers a Membership Interest in compliance with this Agreement. 2. ARTICLES OF ORGANIZATION. 2.1 Formation. The Articles of the Company as filed with the Colorado Secretary of State are hereby adopted and incorporated by this reference into this Agreement. In the event of any inconsistency between the Articles and this Agreement, the terms of the Articles shall control. 2.2 Registered Office and Agent. The initial registered office of the Company will be at 12345 West Alameda Parkway, #100, Lakewood, Colorado 80228, and its initial registered agent will be Thomas L. Hartley. The Company may subsequently change its registered office or registered agent in accordance with the Act. 3. TERM. This Agreement shall continue for a term of 30 years from the date that its Articles were filed with the Colorado Secretary of State, unless sooner dissolved and liquidated pursuant to this Agreement. 4. PURPOSES AND POWERS. 4.1 Purposes. The purposes for which the Company is organized are any legal and lawful purpose and the transaction of all lawful businesses for profit for which limited liability companies may be organized pursuant to the Act, as the Members may from time to time determine. 4.2 Powers. The Company may conduct its business, carry on its operations, and have and exercise all powers set forth herein and all powers granted by the Act in any state of the United States and in any foreign jurisdiction; and may make and alter this Agreement, not inconsistent with its Articles or with the Act, for the administration and regulation of its affairs. 3 5. MEMBERS. 5.1 Initial Members. The names and addresses of the initial Members of the Company and their respective Membership Interests are as set forth on Exhibit A attached hereto and by this reference made part hereof. The address of any Member may be changed by notice in writing to the Company. 5.2 Limited Liability. As provided in the Act, no Member of the Company shall be liable under a judgment, decree or order of a court, or in any other manner, for any debt, obligation or liability of the Company. Each Member shall be liable to the Company only for: (a) The initial capital contribution agreed to be made under Section 6.1 and any other written promise to make a contribution; and (b) Any money or other property that has been wrongfully or erroneously paid or conveyed to such Member in violation of the Act, the Articles, or this Agreement, provided that such liability shall extend only for a period of six years following such payment or conveyance. 5.3 No Voluntary Withdrawal. No Member shall have the right or power to retire, resign or otherwise withdraw from the Company prior to its dissolution without continuation under Section 17.3. 6. 6.1 Initial Contributions. The original capital contributions to the Company of each of the Members are being made concurrently with their execution and delivery of this Agreement in the agreed cash valuations set forth opposite their names as shown on Exhibit B attached hereto and by this reference made party thereof. 6.2 Capital Accounts. An individual Capital Account shall be maintained for each Member, consisting of his original capital contribution, as increased by any additional capital contributions which he may make, and as decreased by his share of Company losses. 6.3 Additional Contributions. (a) Additional capital contributions to the Company, other than as set forth in Section 6.1 above, may be required, from time to time, but shall be assessed only upon the affirmative vote of Members owning at least fifty-one percent (510) of the Capital Account balances immediately prior to such additional 4 contributions of capital. In the event such additional capital contributions are assessed, as provided herein, on or before the thirtieth day following the date of the call for contributions, each Member shall make his contribution to the Company in the manner specified in the call and approved by the Members. (b) In the event a member does not deposit the full amount of any additional capital call within the time and in the manner set forth in Section 6.3(a) above, such Member's Membership Interest shall be reduced to the percentage his Capital Account bears to the total expected capital of the Company assuming all contributions of capital are made as required, and thereafter that Member shall be deemed to be a defaulting Member for purposes of this Section 6.3. For example: If Member A has a Capital Account of $4,000.00 and a Membership Interest of 10°s based upon prior capital contributions of $3,800.00 and profits of $200.00, with no Distributions, his failure to pay a capital call of $1,000.00 will result in a reduction of his Membership Interest to 8.00°% if the expected capital of the Company following the capital call is $50,000.00 (A's Capital Account remains at $4,000.00 divided by $50,000.00 which equals .08). (c) The Membership Interest lost by a defaulting Member for failure to make a required capital contribution to the Company shall be offered pro rata to each of the other Members who shall have 10 days after receiving notice of such offer to deposit his pro rata share thereof and have his Membership Interest in the Company increased proportionately. The right to purchase any unsubscribed portion of such defaulting Member's lost Membership Interest after the initial 10- day notice shall be determined by lot if more than one Member desires to acquire it. (d) Notwithstanding any other provision of this Agreement to the contrary, if all or any portion of a defaulting member's lost Membership Interest is not purchased by one or more of the other Members pursuant to the provisions of Section 6.3(_c L, the Manager may, in his discretion: (i) cause the Company to borrow sufficient funds to meet the obligation for which the capital contribution was required; (ii) subject to Section 14, admit a new Member or Members who shall purchase for cash in advance such lost Membership Interest; or (iii) by notice to the non-defaulting Members, require each of them to pay his pro rata share of the defaulting Member's unpaid contribution within 10 days of such notice, whereupon the Membership 5 Interest of each of the non-defaulting members shall be increased proportionately. (e) At such time as all capital contributions have been made in full without liability of the Company for funds borrowed to meet the obligations of a defaulting Member, and all Membership Interests in the Company have been adjusted accordingly, no Member shall thereafter be deemed to be a defaulting Member. During the period a Member is deemed to be a defaulting Member hereunder, such Member shall not have any vote hereunder in the management of the Company and his Membership Interest shall not be counted in determining the percentage of Membership Interests required to carry out any action of the Company. 6.4 No Withdrawal. Except as specifically provided in this Agreement, no Member will be entitled to withdraw all or any part of such Member's capital contribution from the Company, or when such withdrawal of capital contribution is permitted, to demand a distribution of property other than money. 6.5 Return of Capital. No Member may receive any part of such Member's capital contribution out of Company assets unless all of the following conditions are satisfied: (a) The Company has paid, or there remain sufficient assets in the Company to pay, all liabilities of the Company (exclusive of any liability to Members on account of their capital contributions); and (b) Such return of capital is either provided for in this Agreement or all Members consent to the return and the terms and conditions upon which such payment is to be made. This limitation does not prevent the Distribution of Net Cash from Operations as provided in Section 7; provided, that after such Distribution is made, the Company assets remaining after such Distribution are in excess of all Company liabilities (exclusive of liabilities to Members on account of their capital contributions). 6.6 No Interest on Capital. No Member will be entitled to receive interest on such Member's capital contributions or Capital Account. 6.7 Loans by Members. The Company may borrow money from any Member for Company purposes. Any such amount will be repaid on demand or upon such terms as the Company and such Member may agree (provided that, the interest rate will at least equal the rate required to avoid imputed interest for federal 6 income tax purposes). Any such advance or loan will be treated as indebtedness of the Company and will not be treated as a capital contribution by a Member. 6.8 No Drawing Accounts. The Company will not maintain a drawing account for any Member. All Distributions to Members will be governed by Section 7 and by Section 17. 7. DISTRIBUTIONS. 7.1 Cash. The Net Cash from Operations of the Company may be distributed among the Members from time to time in the Manager's sole and absolute discretion; provided, however that no distribution of assets may be made to a Member if, after giving effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their capital and income accounts, would exceed the fair value of the Company assets. 7.2 Net Cash From Operations. As used in this Section 7, the term "Net Cash From operations" shall mean all cash of the Company from whatever source derived, including without limitation, operating revenues, loan proceeds, interest income, or the proceeds of the sale of any asset of the Company, reduced by (i) amounts required to pay current expenses or liabilities of the Company, (ii) amounts required for capital improvements and replacements, (iii) amounts set aside by the Manager as reasonable reserves for the payment of foreseeable obligations or for contingencies, including without limitation, reserves for repairs, for meeting anticipated expenses, and for working capital as the Manager, in accordance with Section 10, shall deem to be reasonably necessary in the efficient conduct of the business, and (iv) any other amounts that the Company could not distribute without breaching a contract to which it is a party or violating applicable law. 7.3 Other Assets. In addition to the Distributions pursuant to Section 7.1 of this Agreement, upon any sale, transfer, or other disposition of any capital asset of the Company (a "Disposition"), the net proceeds of such Disposition remaining after the payment of (i) any expenses incurred in connection with such Disposition, and (ii) any indebtedness secured by such asset immediately prior thereto, shall be retained by the Company or be distributed, at such time or times as shall be determined by the Manager in accordance with Section 10 of this Agreement. 8. DISTRIBUTIONS UPON WITHDRAWAL. A withdrawing Member shall be entitled to receive only the distributions to which he is entitled under Sections 7.1 and 7.3 of this Agreement. 7 9. DISTRIBUTIONS IN KIND. A Member, regardless of the nature of his contribution, has no right to demand or receive any Distribution from the company in any form other than cash. Notwithstanding the foregoing, a Member shall be required and compelled to accept the Distribution of any asset in kind from the Company, as determined from time to time by the manager in accordance with Section 10 of this Agreement. 10. OPERATION OF THE COMPANY. 10.1 Board of Managers. (a) Subject to the rights and duties of the Members as set forth herein, the business and affairs of the Company shall be managed by a Manager consisting of 1 individual eighteen years of age or older or other Persons, who shall take such actions as are necessary to manage the business operations of the Company in accordance with the Act and this Agreement. The Manager need not be a resident of the State of Colorado but must be a Member of the Company. (b) The initial Manager shall be Thomas L. Hartley. Thereafter, the Manager shall be elected annually at the annual meeting of the Members and shall hold office until the next annual meeting of the Members and until his successor is elected and qualify. The Manager may be removed, with or without cause, by vote of Members holding at least fifty-five percent (55°06) of the Membership Interests. A vacancy of the Manager shall be filled by written agreement of a majority of the remaining Managers. Cumulative voting shall not be allowed. (c) The Manager may establish by resolution a place and time for regular meetings, and no notice of any such regular meeting need be given. Special meetings may be called by any Manager or Member, and notice of any special meeting shall be given as provided in Section 10.1(d). A regular or special meeting of the manager shall be held as soon as practicable following each annual meeting of the Members. (d) Notice of any special meeting of the Manager shall be given to each Manager by the person calling the meeting or, at that person's request, by the Secretary. The notice shall be properly and timely given if it is (i) deposited in the United States mail not later than the seventh calendar day preceding the date of the meeting, (ii) delivered in writing either in person or sent by telegraph, telex, electronic facsimile transmission or any similar means of 8 documentary communication at least 48 hours before the time of the meeting, or (iii) communicated orally in person or by telephone at least 48 hours before the time of the meeting. If mailed or sent by telegraph, telex, electronic facsimile transmission or any similar means of documentary communication, the notice shall be addressed to the each Manager at the last address each shall have furnished to the Company for such purpose. The notice of any meeting shall state the place and time of the meeting but need not identify the business to be conducted or the purpose of the meeting. (e) With respect to any notice required under Section 10.1(d) above, a waiver thereof in writing signed by the Manager entitled to such notice, whether before, at or after the time stated therein, shall be equivalent to the giving of such notice. In addition, by attending or participating in a regular or special meeting, a Manager waives any required notice of such meeting unless the Manager, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. (f) Any Manager may participate in a meeting by means of conference telephone or similar communications equipment by which the Manager participating in the meeting can hear each other at the same time. Such participation will constitute presence in person at the meeting and waiver of any required notice. (g) The Manager must be present to constitute a quorum at any meeting of the Managers. All actions of the Manager shall require the affirmative vote of a majority of the Managers. (h) The Manager may take action without a meeting if a written consent describing the action so taken is signed by each of the Managers. Such written consent may be executed in counterparts. (i) The Manager may resign at any time by giving written notice to all of the members and acceptance of such resignation shall not be necessary to make it effective unless the notice so provides. (j) No Manager shall be liable under a judgment, decree or order of a court, or in any other manner, for any debt, obligation, or liability of the Company. (k) The Manager may appoint from among a President, one or more Vice Presidents, a Secretary and a Treasurer who shall have the powers and responsibilities normally associated with those offices 9 in a for-profit corporation, subject to any limitations imposed by the Manager at the time the Officers are appointed. Each Officer shall serve at the pleasure of the Manager and may be removed, with or without cause, at any time by a vote of the Manager. (1) The Manager shall not receive compensation for his services as Manager. The Company may reimburse the reasonable and necessary expenses incurred by the Manager while conducting business for the Company. (m) Each manager or any agent, servant, or employee of such Manager, may engage in and possess any interest in other business or ventures of every nature and description, independently or with other persons, whether or not directly or indirectly in competition with the business or purpose of the Company, and neither the Company nor any of the Members shall have any rights, by virtue of this Agreement or otherwise, in and to such independent ventures or the income or profits derived therefrom, or any rights, duties, or obligations in respect thereof. A Manager may lend money to, act as surety for, and transact other business with the Company and shall have the same rights and obligations with respect thereto as a person who is not a Manager of the Company, except that nothing contained in this Section 10.1(m) shall be construed to relieve the Manager from his duties to the Company. 10.2 Managers Powers. Subject to other provisions of this Agreement and of the voting rights of all members as set forth herein, the Manager shall have exclusive and complete control over the business of the Company and shall operate the Company for the benefit of all of its Members. In addition to any powers granted the Manager by the Act, the Manager shall have the authority: (a) To take such actions as are necessary to effectuate a sale, conveyance, mortgage, pledge, lease, exchange, or disposition of all or any part of Company property and assets, as and when directed by the Members pursuant to Section 10.3 below; (b) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use and otherwise deal with real or personal property, or any interest therein, wherever situated, as and when directed by the members pursuant to Section 10.3 below; (c) To enter into any leases, contracts or agreements concerning Company assets, as and when directed by the Members pursuant to Section 10.3 below; 10 (d) To sign and deliver all instruments, including deeds, assignments, and other documents of transfer or encumbrance, as may be necessary or advisable for the administration of Company assets, as and when directed by the Members pursuant to Section 10. below; (e) To settle claims and take or defend judicial and administrative proceedings, as and when directed by the Members pursuant to Section 10.3 below; (f) To establish reserves for taxes, assessments, insurance premiums, repairs, maintenance, improvements, depreciation, depletion and obsolescence out of rents, profits or other income received; (g) To pay all expenses reasonably incurred in the administration of Company assets, and in accordance with annual budgets and business plans; (h) To appoint agents and define their duties and fix their compensation; (i) At least 30 days prior to the beginning of each calendar year, submit a proposed budget for expenditures with respect to the Company's operations for the ensuing calendar year. The Manager is authorized to incur and pay the costs of such expenditures in accordance with any such budget (including revisions) which is approved by a vote of the Members pursuant to Section 10.3 below; and (j) To do such other things and engage in such other activities related directly or indirectly to the foregoing as may be necessary, convenient or advisable to the conduct of the Company's business, and to have and exercise all of the powers and rights conferred upon limited liability companies formed under the Act. 10.3 Members' Responsibilities. The Members shall participate in the management of the Company only to the extent of voting on the following matters: (a) The following decisions by the Company require the affirmative vote of Members owning at least fifty percent (50%) of the Capital Account balances: (i) The borrowing of money or the incurring of indebtedness on behalf of the Company, other than normal trade accounts paid monthly. (ii) The encumbrance of any asset of the Company by a mortgage or deed of trust. 11 (iii) The approval of annual budgets for capital expenditures and expenses for Company operations. (iv) The sale, exchange or other disposition of all or substantially all of the Company's assets. (v) The making of a capital call on the Members pursuant to Section 6.3 above. (vi) The amendment of this Agreement. (vii) The election of the Manager. (viii) Those matters requiring the vote of the Members pursuant to Sections 10-2(a) through 10.2(e). (b) The following decisions by the Company require the affirmative vote of all Members: (i) The voluntary Dissolution of the Company under Section 16.1. (ii) The continuance of the Company by all remaining members under Section 16.3 upon an event of withdrawal under Section 16.2. (iii) The admission of an additional Member upon the Transfer of a Membership Interest. (iv) The admission of an additional Member incident to the contribution of money or other property to the Company. (v) The compromise of any obligation of a Member to make a contribution or to return money or other property paid or distributed in violation of the terms of this Agreement. A decision by the Members under this subsection shall be in a writing signed by all Members. Any Member who is a Manager shall be deemed to be acting in his capacity as a Manager in connection with any management activities other than voting on the foregoing matters. In all matters voted upon by the Members, the Members shall have voting rights in proportion to their Membership Interests. 11. MEETINGS OF MEMBERS 11.1 Annual Meeting. The annual meeting of the members will be held on such date and at such time as may be 12 designated by resolution of the Manager from time to time. The purpose of the annual meeting is to review the Company's operations for the preceding calendar year, to elect the Manager, and to transact such other business as may come before the meeting. No adverse consequences shall flow from the failure of the Company to hold an annual meeting. 11.2 Special Meetings. Special meetings of the Members, for any purpose or purposes, may be called by any Manager or by any Member. 11.3 Place. The annual meeting of the Members shall be held at a place designated by the Manager in the notice of the meeting. The Member calling a special meeting may designate any place within the State of Colorado as the place for the meeting. If no designation is made in the notice of any annual or special meeting, the place of the meeting will be Principal Office of the Company. 11.4 Notice. Written notice of any annual meeting or of any special meeting must be given not less than 10 days nor more than 50 days before the date of the meeting. Such notice will state the place, day, and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called. Such notice shall be given in accordance with Section 18.10. 11.5 Waiver of Notice. Any Member may waive, in writing, any notice required to be given to such Member, whether before, at or after the time stated in such notice. 11.6 Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting of Members, the date on which notice of the meeting is first given will be the record date for such determination of members. Any such determination of Members entitled to vote at any meeting of Members will apply to any adjournment of a meeting. 11.7 Ouorum. A quorum at any meeting of Members shall consist of Members owning more than eighty percent (800) of the Membership Interests. 11.8 Manner of Acting. If a quorum is present, the affirmative vote of Members owning more than eighty percent (8096) of the Membership Interests shall be the act of the Members on any matter, other than as set forth in Section 10.3(b). 11.9 Proxies. At all meetings of Members, a Member may vote in person or by written proxy which is signed by the Member or by a duly authorized attorney-in-fact. Such proxy must be filed with the Company before or at the time of the meeting. 13 11.10 Action Without a Meeting. Any action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents describing the action taken signed by Members owning Membership Interests sufficient for the particular action. Action so taken is effective when sufficient Members approving the action have signed the consent, unless the consent specifies a later effective date. The record date for determining Members entitled to take action without a meeting will be the date the first Member signs a written consent. 12. ACCOUNTING AND REPORTING. 12.1 Fiscal Year. For income tax and accounting purposes, the Fiscal Year of the Company will end on December 31 in each year (unless subsequently changed as provided in the Code). 12.2 Accounting Method. For income tax and accounting purposes, the Company will use the cash receipts and disbursements method of accounting (unless otherwise required by the Code). 12.3 Returns. The Company will cause the preparation and timely filing of all tax returns required to be filed by the Company pursuant to the Code, as well as all other tax returns required in each jurisdiction (if any) in which the Company does business. 12.4 Tax Elections. The Company may make or revoke any tax election with the approval of the Manager; provided that, the Company will make the election under Section 754 of the Code (relating to the optional adjustment to the tax basis of Company property) upon the written request of any Member. 12.5 Reports. The Company books will be closed at the end of each Fiscal Year and statements prepared showing the financial condition of the Company and its profits or losses from operations. Copies of these statements will be given to each Member. In addition, as soon as is practicable after the close of each Fiscal Year, and in any event within 90 days after the end of each Fiscal Year, the Company will provide each Member with all necessary tax reporting information. 12.6 Books and Records. The following records of the Company will be kept at the Principal Office of the Company: (a) A current list of the full name and last known mailing address of each Member and Manager, both past and present; 14 (b) A copy of the Articles and of this Agreement, and any subsequent amendments thereto; (c) Copies of the Company's federal and state income tax returns and reports and copies of any Company's financial statements for the three most recent years; (d) Copies of any executed powers of attorney pursuant to which any amendments hereto or to the Articles have been executed; and (e) Minutes of every meeting of the Members and of the Manager, decisions of the Members pursuant to Section 10 3(b)(v) and any written Consents of Members pursuant to Section 11.10. Such records will be available for inspection and copying by any Member at such member's expense, during normal business hours. 12.7 Banking. The Company may establish one or more bank accounts and safe deposit boxes as determined by the Manager. The Manager shall determine the persons authorized to sign checks on and withdraw funds from such bank accounts and to have access to such safe deposit boxes and may place such limitations and restrictions on such authority as the Manager shall deem advisable. 13. MEMBERSHIP INTEREST AND MEMBERSHIP RIGHTS OF A nECEASEn INCOMPETENT OR DIG4oLVFD MEMBER. If a Member who is an individual dies or if a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the Member's personal representative, executor, administrator, guardian, conservator, or other legal representative shall be a Permitted Transferee under Section 15. If a member is a corporation, trust, partnership, limited liability company, or other entity and such Member is dissolved or terminated, the legal representative of the Member shall be a Permitted Transferee under Section 14. 14. TRANSFER RESTRICTIONS. 14.1 General Restrictions. No Member may Transfer all or any part of such Member's Interest in any manner whatsoever except (i) to a Permitted Transferee as set forth in Section 14.2, or (ii) after full compliance with the right of first refusal set forth in Section 14.4. In either case, such Transfer may be made only if the requirements of Section 14.5 have also been satisfied. No Member has the power to grant any Transferee the right to become a Member. 14.2 Permitted Transferee. Subject to Section 14 .5, a Member may Transfer all or any part of such Member's 15 Membership Interest to one or more of the following Permitted Transferees: (a) To any parent, grandparent, spouse (other than a spouse to whom such interest is to be transferred in connection with a dissolution of marriage), child or grandchild (including any person who bears any such relation to the Member by adoption) (b) To a legal representative of a Member described in Section 13. (c) To an entity (including a trust) substantially all of the beneficial interests in which are owned by Persons who are Permitted Transferees; and (d) To the Company. If a Transfer is made to a Permitted Transferee and such Transferee thereafter ceases to be a Permitted Transferee or if the Transferor thereafter ceases to be a Member, such Transferee shall be obligated to offer the Transferred interest for sale under the procedures established in Sections 14.3 through 14.5 (i) first, to the original Transferor, if the Transferor is then a Member, and (ii) if the Transferor declines to purchase or is no longer a Member, to the Company and the other Members. Any Membership Interest shall continue to be subject to this Section 14 in the hands of a Permitted Transferee (other than the Company). A Permitted Transferee shall not transfer a Membership Interest under this Section 14.2 to anyone other than the Transferor or another Permitted Transferee of the Transferor. 14.3 Third Party Offer. Prior to any proposed Transfer of all or any part of a Membership Interest, other than to a Permitted Transferee pursuant to Section 14.2, the prospective Transferor must obtain a Third Party Offer from a Third Party for the Membership Interest proposed to be transferred. The Third Party Offer must not be subject to unstated conditions or contingencies or be a part of a larger transaction such that the price for the Membership Interest stated in such Third Party Offer does not accurately reflect the Fair Market Value (reduced by the amount of associated liabilities) of such Membership Interest. The Third Party Offer must contain a description of all of the consideration and the material terms and conditions of the proposed Transfer. 14.4 Right of First Refusal. The prospective Transferor shall deliver a copy of the Third Party Offer to the Company and all other Members together with a written offer to sell the Membership Interest (which is the subject of the Third Party Offer) to the Company or to the other Members on the same price and terms as the Third Party Offer. The Company may accept such offer by the prospective Transferor, in whole but not in 16 part, by giving written notice to the prospective Transferor and all other Members within 30 days after notice of such offer. If the Company does not give notice of acceptance within such 30-day period, the other Members may accept such offer, in whole but not in part, within 15 days after the end of such 30-day period by written notice to the Company and the prospective Transferor. The other Members shall initially have the right to accept the offer in proportion to the Membership Interests, but if any Member does not accept his portion of the offer, the other Members may accept his portion in proportion to their membership Interests before the offer was made, provided that the offer is ultimately accepted as to all of the offered membership Interest. If the prospective Transferor's offer is accepted by the Company or the other Members, the closing of such sale shall be held at the principal office of the Company on a date to be specified by the Company or the other members, as applicable, which is not later than 60 days after the date of acceptance of the offer. At such closing, the Transferor shall assign to the Company or the other Members, as applicable, the Membership Interest to be sold, free and clear of all liens, claims and encumbrances and will cause compliance with the applicable conditions stated in Section 14.5. Subject to Section 14.5, if the Company or the Members have not accepted the offer to purchase and closed the purchase in accordance with this Section 14.4, the Transferor will be free for a period of 60 days after the last day for such acceptance to sell all, but not less than all, of the Membership Interest so offered, but only to the Third Party for a price and on terms no more favorable to the Third Party than the Third Party Offer. If such Membership Interest is not sold within such 60-day period (or within any extensions of such period agreed to in writing by the Company), all rights to sell such Membership Interest pursuant to such Third Party Offer (without making another offer to the Company pursuant to this Section 14.4) shall terminate, and the provisions of this Section 14 shall continue to apply to any proposed future Transfer. 14.5 General Conditions on Transfers. No Transfer of a Membership Interest shall be effective unless all of the conditions set forth below are satisfied: (a) Unless waived by the Company, the Transferor signs and delivers to the Company an undertaking in form and substance satisfactory to the Company to pay all reasonable expenses incurred by the Company and its Members in connection with the Transfer, including without limitation, reasonable fees of counsel and accountants and the costs to be incurred with any additional accounting required in connection with the Transfer, and the cost and fees attributable to preparing, filing and recording such amendments to the Articles or other organizational documents or filings as may be required by law; 17 (b) Unless waived by the Company, an opinion of counsel for the Transferor satisfactory in form and substance to the Company shall be delivered to the Company to the effect that the Transfer of the Membership Interest is in compliance with the applicable federal and state securities laws, and a statement of the Transferee in form and substance satisfactory to the Company making appropriate representations and warranties with respect to compliance with the applicable federal and state securities laws; (c) The Transferor has signed and delivered to the Company a copy of the assignment of the Membership Interest to the Transferee, in form and substance satisfactory to the Company; (d) The Transferee signs and delivers to the Company an agreement to be bound by this Agreement; and (e) The Transfer is in compliance with the other provisions of this Section 14. Notwithstanding the above, only the last two requirements shall apply to a Transfer to a legal representative of an individual Member described in section 13, and only the last three requirements will apply to a Transfer without monetary consideration to any Permitted Transferee. Except for Transfers at death or as otherwise agreed in writing by the Transferor, Transferee and the Company, the Transfer of a Membership Interest will be effective as of 11:59 p.m. MST on the last day of the month, in which all of the above conditions have been satisfied. Upon the effective date, the Company will amend Sections 5 and 6 to reflect the new Membership Interests of all Members. 14.6 Rights of Transferees. Any Transferee of a Membership Interest will, on the effective date of the Transfer, have only those rights of an assignee as specified in the Act (entitling the Transferee to receive, to the extent of the Membership Interest transferred, only the Distribution to which the transferor would be entitled) unless and until such Transferee is admitted as an additional Member (or unless such Transferee is already a Member). For purposes of any provision of this Agreement relating to any vote, consent or agreement of the members, a transferee who has not become an additional Member will not be entitled to any vote with respect to such transferred Membership Interest. Notwithstanding any Transfer of a Membership Interest, such interest in the hands of the Transferee will remain subject to all of the restrictions contained in this Agreement (including the restrictions on Transfer contained in this Section 14). A Transferee of a Membership Interest will, on the effective date, become an additional member if all members (other than the Transferor member) in their sole discretion, 18 agree in writing to admit such Transferee as a member in the Company. 14.7 Secured Party. A Member may grant a security interest in such Member's Membership Interest to one or more Persons (the "Secured Party"). In no event will the Company have any liability or obligation to any Person by reason of the Company's payment of a Distribution to any Secured Party as long as the Company makes such payment in reliance upon written instructions from the Member to whom such Distribution would be payable. Any Secured Party will be entitled, with respect to the security interest granted, only to the Distributions to which the assigning Member would be entitled under this Agreement, and only if, as and when such Distribution is made by the Company. Upon any foreclosure or other Transfer in lieu of foreclosure of the Membership Interest, the Transfer will be subject to the other provisions of this Section 14, including the right of first refusal set forth in Section 14.4. 15. INDEMNIFICATION. 15.1 Indemnification. The company shall indemnify and hold harmless each Member and Manager in respect of payments made and personal liabilities reasonably incurred by that Member or Manager in the ordinary and proper conduct of the Company's business or for the preservation of the Company's business or property. 15.2 Payment. Any such indemnification will only be paid from the assets of the Company, and will be made promptly following the fixing of the loss, liability, or damage incurred or suffered by final judgment of any court, arbitration, settlement, contract, or otherwise; provided that, attorney fees and costs may be paid as incurred. No Member shall be required to make any contribution or advance to the Company to enable it to make an indemnification payment. 15.3 Liability Limitation. A Manager will not be liable to the Company for any loss, liability or damage suffered or incurred by the Company, directly or indirectly, because of any act or omission made by such Manager in good faith, in a manner he reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. 16. DISSOLUTION OF THE COMPANY. 16.1 Dissolution. The Company will be dissolved upon the happening of any of the following events: 19 (a) The end of the term established in Section 3; (b) The unanimous written agreement of all Members; or (c) An event of withdrawal of a Member (as defined in Section 16.2 below), unless the Company is continued as provided in Section 16.3. 16.2 Event of withdrawal. An event of withdrawal of a Member occurs when any of the following occurs: (a) With respect to any Member that is a trust, upon termination of the trust; (b) With respect to any member who is an individual, upon either the death of the individual or the entry by a court of competent jurisdiction of an order adjudicating the individual to be incompetent to manage such individual's person or estate; (c) With respect to any Member that is an estate, upon final distribution of the estate's membership Interest; (d) With respect to any Member that is a partnership, upon dissolution and liquidation of such partnership; (e) With respect to any Member that is a corporation or a limited liability company, upon filing of articles of dissolution of such entity; (f) With respect to any Member, the Bankruptcy of the Member; or (g) Any other event which terminates the continued membership of a member in the Company. 16.3 Continuation. Upon the happening of an event of withdrawal of a Member under Section 16.2, the Company may be continued if there are at least two remaining Members, and if within 90 days following such event, all remaining members agree in writing to continue the business of the Company under the Articles and this Agreement (or as the Members may otherwise agree in writing). If the Company is continued as above provided, the Company will not be treated as dissolved. If the Company is not continued as above provided, the Company will be treated as dissolved as of the end of such 90-day period. 20 17. LIOUIDATION. 17.1 Liquidation. If a Dissolution of the Company occurs under Section 16.1, and the Company is not thereafter continued under Section 16.3, the Company shall file a statement of intent to dissolve with the Colorado Secretary of State pursuant to the Act and thereafter wind up its affairs and liquidate. A reasonable time shall be allowed for the orderly Liquidation of the Company and the discharge of liabilities to creditors so as to enable the Company to minimize any losses attendant upon Liquidation. Any gain or loss on disposition of any Company assets in Liquidation shall be credited or charged to the Members' Capital Accounts in accordance with the provisions of Sections 6 and 7. 17.2 Priority of Payment. The assets of the Company shall be distributed in Liquidation of the Company in the following manner: (a) To creditors, including Members who are creditors, to the extent otherwise permitted by law, by the payment or provisions for payment of the debts and liabilities of the Company (other than liabilities for distributions to Members pursuant to Sections 7.1. 7.3. and 8) and the expenses of Liquidation; (b) To the setting up of any reserves that are reasonably necessary for any contingent or unliquidated liabilities or obligations of the Company; (c) To the payment to the Members of their respective Capital Accounts as adjusted for their respective shares of liquidating profits and losses; and (d) The balance, if any, to the Members in the ratio of their Membership Interests. 17.3 Distribution to Members. Distributions in Liquidation due to the Members may be made either (i) by selling the Company assets and distributing the net proceeds or (ii) by distributing the Company assets to the Members, in kind, at the asset(s)Is net Fair Market Value on the effective date of Distribution. Any Distribution in kind may be made subject to, or require assumption of, liabilities to which such property may be subject, but only upon the express written agreement of the Member receiving the Distribution. Each Member hereby agrees to save and hold harmless the other Members from such Member's share of any and all such liabilities which are taken subject to or assumed. Appropriate and customary prorations and adjustments shall be made incident to any Distributions in kind. 21 17.4 Deficit Capital Account. Except as otherwise specifically provided in this Agreement, nothing contained herein shall impose on any member an obligation to make any additional capital contribution in order to restore a deficit Capital Account upon Liquidation of the Company. Each Member will look solely to the assets of the Company for the return of such Member's capital contribution. 17.5 Articles of Dissolution. When all debts, liabilities and obligations of the Company have been provided for or paid, and all remaining assets distributed to the Members as provided in Section 17.3, the Company shall file articles of dissolution with the Colorado Secretary of State pursuant to the Act. 18. MISCELLANEOUS PROVISIONS. 18.1 Binding Effect. Except as otherwise provided in this Agreement, this Agreement will be binding upon, and will inure to the benefit of, the Members and their respective personal representatives, successors and assigns. Any such personal representative, successor-in-interest or assignee will succeed to the benefits and burdens of such Person's predecessor- in-interest in proportion to the Membership Interest transferred. No provision of this Agreement shall be enforceable by any creditor of the Company for such creditor's benefit. 18.2 No Limitation on Personal Activities. Nothing herein contained shall be construed to limit in any manner the Members, or their respective agents, servants, and employees, in carrying out their own respective businesses or activities. 18.3 Entire Agreement. This Agreement (which includes the exhibits to the Agreement referred to herein) contains the entire understanding and agreement of the parties with respect to the subject matter hereof, and supersedes all prior understandings, statements, warranties, representations, letters of intent, and correspondence, all of which are by the execution hereof rendered null and void. 18.4 Severability. Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law. In the event there is any conflict between any provision of this Agreement and any statute, law, ordinance, or regulation contrary to which the members or the Company have no legal right to contract, the latter shall prevail, but in such event the provisions of this Agreement thus affected shall be curtailed and limited only to the extent necessary to conform with said requirement of law. In the event that any part, article, section, paragraph, or clause of this Agreement shall be held to be indefinite, invalid, or otherwise unenforceable, the 22 entire Agreement shall not fail on account thereof, and the balance of the Agreement shall continue in full force and effect. 18.5 Debt. Each Member's share of any recourse debt of the Company shall be limited to that Member's Membership Interest. In the event the Company incurs any nonrecourse debt (where no Member bears the economic risk of loss) or Member nonrecourse debt (where one or more Members separately bear the economic risk of loss), the Members agree to negotiate in good faith to amend this Agreement to comply with Treasury Regulations under Sections 704(b) and 752 of the Code, so that items of loss or deduction attributable to those liabilities will be allocated in proportion to the Membership Interests (with respect to nonrecourse debt) or to those Members bearing the economic risk of loss (with respect to Member nonrecourse debt). "Member nonrecourse debt" means any nonrecourse debt of the Company, as defined in the Treasury Regulations under Section 704(b) of the Code, for which, and to the extent that, any Member bears the economic risk of loss (including a loan made on a nonrecourse basis by a Member to the Company and a nonrecourse loan guaranteed by a Member). Absent any such written amendment which is agreed to by the Members, this Agreement shall be deemed amended in an equitable manner as is necessary to comply with the Treasury Regulations under Sections 704(b) and 752 of the Code. In making such determination, the Company may rely on the written advice (a copy of which shall be furnished to each Member) of the Company's accountants or tax counsel with respect to required or permissible allocations and Capital Account adjustments. 18.6 Waiver of Certain Rights. The Members agree that irreparable damage would occur if any Member should bring an action in court to dissolve the Company. Accordingly, each Member accepts the provisions under this Agreement as such Member's sole entitlement on Dissolution and Liquidation of the Company and hereby waives and renounces (to the fullest extent permitted by law) such Member's right to seek a court decree of dissolution or to seek the appointment by a court of a liquidator for the Company. Each Member further waives and renounces any alternative rights which might otherwise be provided by law upon the happening of an event of withdrawal under Section 16.2 with respect to such Member and accepts the provisions under this Agreement as such Member's sole entitlement upon the happening of such event. 18.7 Waiver of Partition Right. Each Member hereby waives and renounces any right that such Member may have, prior to the Dissolution and Liquidation of the Company, to maintain any action for partition with respect to the Company's property. 18.8 ,S_yiecific Performance. If any Member proposes to Transfer all or any part of such Member's Membership Interest in violation of the terms of this Agreement, the Company or any 23 other member may apply to any court of competent jurisdiction for an injunctive order prohibiting such proposed disposition except upon compliance with the terms of this Agreement, and the Company or any other Member may institute and maintain any action or proceeding against the Member proposing to make such Transfer to compel the specific performance of this Agreement. Any attempted Transfer in violation of this Agreement will be null and void and of no force and effect. Similar injunctive relief and specific performance may be obtained by the Company or any Member against any Third Party Transferee to compel compliance with the terms of this Agreement. The Person against whom such action or proceeding is brought hereby waives the claim or defense that an adequate remedy at law exists, and such Person agrees not to urge in any such action or proceeding the claim or defense that such remedy at law exists. 18.9 Arbitration. If any controversy or claim arising out of this Agreement cannot be settled by the Members, the controversy or claim will be settled by an individual or corporation selected by the written agreement of the Members or, if they cannot agree, by arbitration in accordance with the then applicable provisions of the Commercial Arbitration Rules of the American Arbitration Association and pursuant to the Colorado Uniform Arbitration Act, as it may be amended, and judgment on such arbitration award may be entered in any court having jurisdiction. 18.10 Time and Notices. All notices will be made in writing, and all periods of time will begin or end on the day (i) if such notice is personally delivered, of actual receipt, or (ii) if delivered by mail, on the earlier of (a) five days after being sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the company or any Member at the address indicated for the Company or such member in the Company records (or at such other address as the Company or such Member may designate by notice to the Company and the other Members) or (b) the date of actual receipt as indicated on the return receipt. In computing the period of days, the date of personal delivery or date of deemed receipt of such notice will be included. Any Member may waive, in writing, any notice required to be given pursuant to this Agreement, whether before or after such required notice. 18.11 Further Assurances. Without additional consideration, each Member hereby agrees to sign, acknowledge and deliver any further instruments and documents as the Company determines to be necessary or desirable (i) to ensure its status as a limited liability company in any jurisdiction where it owns property or transacts business or (ii) to comply with any law, rule or regulation applying to the Company. 18.12 Waiver. No waiver, express or implied, by any member with respect to any breach or default by any other 24 Member in the performance of such Member's obligation under this Agreement will be deemed a waiver of any further or other breach or default by such Member. Failure on the part of any Member to declare any other Member to be in breach or default, regardless of how long such failure continues, will not constitute a continuing waiver. 18.13 Governing Law. This Agreement shall be construed according to the laws of the State of Colorado. 18.14 Counterparts. This Agreement may be executed in Counterparts and, when counterparts of this Agreement have been executed and delivered by all of the parties hereto, this Agreement shall be fully binding and effective, just as if all parties hereto had executed and delivered a single counterpart hereof. 18.15 Amendment. No amendments or modifications of this Agreement shall be made or deemed to have been made unless made in writing signed by the Members required to vote thereon pursuant to Sections 10 3(a) and 10 3(b) 18.16 Construction. Use of any gender when used herein shall be construed to include all genders, and the singular number shall include the plural and vice versa, as the context may require. IN WITNESS WHEREOF, the partie have executed this Agreement as of the date first above writte L: 25 Daniel W. Duncan EXHIBIT A TO OPERATING AGREEMENT OF 44 ELDRIDGE L.L.C. Name and Address Thomas L. Hartley 12345 W. Alameda Parkway, #100 Lakewood, CO 80228 Dana E. Duncan 4430 Monitor Rock Lane Colorado Springs, CO 80904 Daniel W. Duncan 206 Aspen Lane Woodland Park, CO 80863 Membership Interest 500 25% 256 26 EXHIBIT B TO OPERATING AGREEMENT OF 44 ELDRIDGE L.L.C. [Initial Capital Contributions] Member Thomas L. Hartley Dana E. Duncan Daniel W. Duncan Agreed Amount (S) $2,000.00 $1,000.00 $1,000.00 27 CONSENT OF MANAGER By CONSENT, pursuant to the authority granted by the operating Agreement of 44 Eldridge L.L.C., a Colorado Limited Liability Company (the "Company"), the undersigned, being the Manger of the Company, hereby waive notice of the organizational meeting of the Manager of the Company, and, in lieu of said organizational meeting, the undersigned manager hereby takes the following actions by consent, to have the same force and effect as actions taken at the said organizational meeting of the Manager of the Company: 1. Ratification of Acts of Organizer: The acts of the organizer, on behalf of the Company prior to the date of organization, are hereby ratified and confirmed by this Manager, and reimbursement of all funds expended by such person to pay the reasonable and necessary pre-organization expenses is hereby authorized and ratified. 2. Operating Agreement: The Operating Agreement drafted by the Company's counsel and signed by all of the members of the Company, attached to this Consent and made a part hereof, is hereby adopted as and for the Operating Agreement of this Company. 3. Election of Officers: The following persons are hereby unanimously elected to hold the offices of the Company set opposite their names, to assume their duties and responsibilities as of the date hereof, and to hold such offices until their successors are elected and qualified: President Thomas L. Hartley Vice President Dana E. Duncan Secretary/Treasurer Daniel W. Duncan IN WITNESS WHERE the undersigned have executed this Consent as of the ay of MarchJ/1997./ L. 28 CONSENT OF MEMBERS BY CONSENT, pursuant to the authority granted by Section 7- 80-711, Colorado Revised Statutes, the undersigned,..being all of the members of 44 Eldridge L.L.C., a Colorado Limited Liability. Company (the "Company"), hereby waive notice of the annual meeting of the Members of the Company, and hereby take the following actions by consent, to have the same force and effect as actions taken at the said annual meeting of thq Members of the Company: 1. Election of Manager: The following person is hereby unanimously elected as managers of the Company, to take office immediately, and to hold such offices until his successors are elected and qualified: Thomas L. Hartley 2. Ratification: The Members of the Company hereby ratify and confirm any and all actions taken by the Manager and the officers of the Company on behalf of the Company during the preceding fiscal year. IN WITNESS WHEREOFO the undersigned have ex cuted this Consent as of the = day of March997 L. 2S~ FE6-1.3-:-" IC:02 FROM=UAXFN1LK ARTICLE, OF ORi~NIZ.ATZON 2E 1.7 44 ELDRIPU5 L I, C" 1947 . The undersigned natural person of or more, acting as organizer of a limi the Colorado Limited Liability Company following Articles of Organization for company. ARTICLE Name the age of eigA@7ft .G red liability company under Act, hereby adopts the such limited liability he name of the limited liability company is 44 Eldridge ARTICT % TT Princiza1 PIdCe of Business Te address of the principal place of business of the limited liability company is: 12x45 w stalameda Parkway 10 Lakewood Colorado 80228 ARTZC . 1 Duration The period of duration will be thirty (30) years from the date of tiling of these Articles of Organization with the Colorado Secretary of State. ARTICLE IV Regi atered Ag= The name and business address of the registered agent of the l).mited liability company are: e~ Thomas L Hart! 1,2345 west A3ageda Pajrj w #100 Lakewood Colorado 80228 ARTICLE J Pnr-00ers and Powers -Me purposes for which the limited liability company is organized are for any legal and lawful purpose and to carry on antr lawful business for profit for which limited liability Companies Tray be organized pursuant to the Colorado Limited Liability Company Act and to divide the gains therefrom" AR= -Iz V% - ~anaE7P_r'~ management of the limited liability company is vested in .managers, rather than members. The name and business address of the person who shall serve as the initial manager are_ Thomas L Hartley Manager 12345 west Alameda Parkway, #100 Lakewood Colorado SQ228 The number of managers shall be fixed or determined in accordance with the operating Agreement of this limited liability Company- ARTICLE vil Orcianiz !'he name and address of the organizer is: Tt-om3s i Hartley 12345 west A3.ameda_8a-r'Z„v, 4100 - 7akoyn Colorado Sot A=CU Vill C'nnt nuatim of Busineag Upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or the occurrence of any other e'v'ent which terminates the continued membership of a :Manager in the limited liability company, the remaining managers may unanimously agree to continue the business of the limited liability company. IN WITNESS wHERSQFV''the above-named organizer has hereunto :set his hand this 7 da j -e- ^nf vWL-, 1 " 2 N' City of Wheat Ridge Department of Planning and Development 7500 West 29th Avenue Wheat Ridge, CO 80215 CERTIFICATION OF DELIVERY AND RECEIPT I, Martin Omer, of the City of Wheat Ridge, Colorado Planning Department, hereby certify that I hand delivered one (1) copy of the Annexation Impact Report for Case No.:Ov?llff aYo the Office of the J erson County Commissioners this 4 day of C i 1998, at /l A o'clock (p.m. (a. m. ✓ d Martin Orhef I Received this day of 09" , 1998, at I as o'clock (a.m.)(p.m.) JEFFERSON COUNTY COMMISSIONERS OFFICE By: aZ~k • Q - (Y~ocev1 / Name Title TELEPHONE 279-2854 NORTH TABLE MOUNTAIN WATER AND SANITATION DISTRICT ~,„sp~vf# 1 148y1 E T SSA. E. GOLDEN. COLORADO 804031228 2z RPR06~d 3, 1998 Department of Planning & City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colo. 80033 REF: CASE NO. ANB-98-3/WZ-98-8 44TH INDUSTRIAL PARR The 50 acre property at approximately 13500 W. 44th Ave. proposed for annexation by the City of Wheat Ridge was annexed into the North Table Mountain Water & Sanitation District in 1991. In accordance with the Annexation Agreement for this property, the District is to supply water and sanitary sewer service. As indicated on the attached referral sheet, the District has adequate facilities and capacities to service the property. If any further information is needed, please contact the under signed. NORTH TABLE MOUNTAIN WATER AND SANITATION DISTRICT Led Hayes District Engineer/Manager LH:bjs SCFD Scientific & Cultural Facilities District Board of Directors Adams County Diane J. Schmidt Mr. Martin Omer Arapahoe County Economic Development specialist Michael G. Massey 7500 W7 29th Ave. Wheat Ridge, CO 80215 Boulder County N. Richard Miller Denver County April 2, 1998 Councilwoman Susan Barnes-Gelt Douglas County A RECEIVED APR 0,31998 Bill Mcxate Dear Mr. Omer, Thank you for the copies of the public hearing notice, resolution and Jefferson County petition concerning the annexation proposal submitted to the City of Wheat Kin DuBois Ridge. We have no concerns regarding this proposal. Please call if you have any questions or wish more information. Governor Appointees Peter C. Groff Pierre Jimenez Respectfully submitted, Bob Thomson ,j~ [K~IJV"~g District Administrator ane Hansberry Jane Hansberry District Administrator Mailing: P.O. Box 46106 • Denver, Colorado 80201 • Located At: 1905 Sherman Street, Suite 802 • Denver, Colorado 80203 (303) 860-0588 V/TDD • Fax (303) 861-4315 • E-mail: scfd@ossinc.net • Web Site: http://www.artstozoo,org/scfd Annexation Impact Report for the 44th Industrial Park Annexation Case No. ANX-98-3 LAND PROPOSED TO BE ANNEXED TO THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN City of Wheat Ridge Department of Planing and Development 7500 West 29th Avenue Wheat Ridge, Colorado 80215 (303) 235-2846 April 3,1998 INTRODUCTION This Annexation Impact Report is prepared and submitted to the Jefferson County Board of Commissioners pursuant to the requirements and provisions of Section 31-12-108.5 of the Colorado Revised Statutes. Approximately 51 acres of land, including a portion of the right-of-way for West 44"' Avenue, have been petitioned for annexation to the City of Wheat Ridge by the property owner Mr. Tom Hartley. The area proposed to be annexed is located in eastern Jefferson County, and is bounded generally by West 44`h Avenue on the north, Interstate 70 on the east, Highway 58 on the south and Eldridge Street on the west (see Map No. 1 for a graphical depiction of the property proposed to be annexed and the surrounding area). Upon annexation, the proposed zoning of the property is Planned Industrial Development. Included in the development proposal is are approximately 10.6 acres of native/natural open space to be located predominantly on the north side of the project area adjacent to West 44`h Avenue. The remaining majority of the site is anticipated to be developed as a planned industrial project comprised of approximately 30 individual parcels. The lot located on the southwest corner of West 44`h Avenue and the internal roadway is anticipated to be a convenience store and gas station. MAPS As required by Section 31-12-108.5(1)(a)(I) of the statutes, attached Map No 1 shows the present and proposed boundaries of the City of Wheat Ridge, the area proposed to be annexed, the adjacent parcels in unincorporated Jefferson County, and the overall street network in the vicinity of the area proposed to be annexed. The extent of West 44`h Avenue proposed to be annexed to the City of Wheat Ridge is approximately 900 linear feet extending west from the current City of Wheat Ridge line of incorporation. As required by Section 31-12-108.5(1)(a)(II) of the statutes, attached Map No. 2 shows the water and sanitary sewer mains currently located adjacent to and anticipated to service the area proposed to be annexed, as well as the Reno Ditch which traverses the property. All water and sanitary sewer services serving the area proposed to be annexed are owned and operated by districts independent of the City of Wheat Ridge. The construction and maintenance of any drainage facilities associated with the development of this property shall be the responsibility of the Landowner(s)/developer. As required by Section 31-12-108.5(1)(a)(IE) of the statutes, attached Map No. 3 shows the proposed land use pattern, including the interior street, of the area proposed to be annexed. Development of the property will be accompanied by deceleration and acceleration lanes on the south side of West 44`h Avenue, as well as a left turn lane from west-bound 44`h Avenue into the project area. An internal roadway is anticipated to be constructed by the developer to the City of Wheat Ridge standards and conveyed to the City upon completion. Also anticipated in conjunction with the publicly dedicated internal roadway are curb and gutter, and a sidewalk on the north side of said internal roadway, as well as storm drainage facilities and water and sewer mains. PRE-ANNEXATION AGREEMENT Section 31-12-108.5(b) ofthe statutes requires a copy of any draft or final pre-annexation agreement, if any. There is no draft or final pre-annexation agreement available at this time. EXTENSION OF SERVICES Section 31-12-108.5(c) of the statutes requires a statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation: Water and Sewer Services The City of Wheat Ridge provides neither water nor sanitary sewer services or facilities to the area proposed to be annexed. Water distribution and sanitary sewer collection facilities within the area proposed to be annexed are provided and maintained by the North Table Mountain Water and Sanitation District. Exhibit A is the North Table Mountain Water and Sanitation District Certification of Water and Sewer Availability. See Map No. 2 for the overall water and sanitary sewer plan within the area proposed to be annexed. Police and Law Enforcement The City of Wheat Ridge will provide police and law enforcement services to the area proposed to be annexed immediately upon the effective date of annexation. The level of service will be equivalent to the level of service provided, on average, for the various existing communities within the City of Wheat Ridge. Due to the nature of industrial development, it is anticipated that service impacts from this area upon the City's Police Department will be limited, and will be able to be handled with existing resources. Transportation Services The local streets within the proposed 44`h Industrial Development will, upon annexation, construction and dedication, be owned and maintained by the City of Wheat Ridge. It is anticipated that approximately 900 feet of West 44`h Avenue west of the current City line of incorporation, will also be annexed to the City of Wheat Ridge which will have a corresponding reduction on the roadways and area currently the responsibility of Jefferson County. City of Wheat Ridge street maintenance and police operations are capable of absorbing the limited additional work and responsibilities resulting from this proposed annexation with existing equipment and personnel. Drainage, Grading and Erosion Control Plans All necessary grading, erosion control and drainage facilities will be constructed in accordance with the applicable regulations of the City of Wheat Ridge. Fire Protection The City of Wheat Ridge does not provide fire protection services. Fire protection services for the area proposed to be annexed are provided by the Fairmont Fire Protection District. FINANCING OF MUNICIPAL SERVICE EXTENSIONS Section 31-12-108.5(d) of the statutes requires a statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed. There are no anticipated capital improvements to be financed by the City of Wheat Ridge that will result from the proposed annexation. All capital improvements will be financed by the Landowner/developer. As Wheat Ridge is not a full-service municipality, the financial impacts associated with extending such services as water, sanitary sewer, and fire protection are also nonexistent. Thus, the immediate impacts associated with the annexation of this area on the City's ability to provide municipal services will be minimal, and such increased service demands can be readily accommodated with existing City personnel, equipment and facilities. EXISTING DISTRICTS WITHIN THE AREA Section 31-12-108.5(1)(e) of the statutes requires a statement identifying existing districts within the area to be annexed. The following is a list of existing districts within the area proposed to be annexed: Fairmont Fire Protection District North Table Mountain Water and Sanitation District Jefferson County R-1 School District Urban Drainage and Flood Control District Regional Transportation District Metro Wastewater Reclamation District Scientific and Cultural Facilities District Denver Metropolitan Major League Baseball Stadium District IMPACTS ON SCHOOLS Section 31-12-108.5(1)(f) of the statutes requires a statement on the effect of the annexation on local public school district systems. This proposed annexation and associated anticipated re-zoning does not include any residential element, therefore will not create any direct impacts to school enrollment. School district facilities are not adjacent or proximate to the subject site area with therefore no direct impacts to school district facilities or operations. All property in Jefferson County is included within the Jefferson County R-1 School District. Thus, the proposed annexation will not result in the detachment of any area from one school district and the attachment to another school district. Development of the property will result in an increase in its assessed valuation. In summary, the proposed annexation of the subject property is not expected to have any direct impacts to local public school systems. Attachments: Map No. 1: Present and proposed boundaries of the municipality in the vicinity of the proposed annexation Map No. 2: Water and sanitary sewer mains serving the area to be annexed, and the Reno Ditch Map No. 3: Existing and proposed land use pattern in the area to be annexed Exhibit A: North Table Mountain Water and Sanitation District Certification of Water and Sewer Availability TELEPHONE 279-2854 u- _ f' EXHIBIT A NORTH TABLE MOUNTAIN WATER AND SANITATION DISTRICT 14806 WEST 52No AVENUE. GOLDEN. COLORADO 804031228 a_ CERTIFICATION OF RATER AND SERER AVAILABILITY May 27, 1997 Jefferson County Planning Department Foothills Office Park 100 Jefferson County Parkway, Suite 3550 Golden, CO 80419-3550 RE: 50 Acres - 13500 West 44th Avenue 28 Lots Pursuant to paragraph 5.04 of the Rules and Regulations, North Table Mountain Water and Sanitation District has reviewed the above-referenced rezoning application and finds that the property which is the subject of said application is within the boundaries of the District, water and sewer service is available, and the referenced property is therefore eligible for such service, subject to the following: 1. Water service is available within the District and the developer must provide all facilities required to serve the development. No specific quantity or pressure is guaranteed. 2. Sewer service is available within the District to serve the development. No specific capability or location guaranteed. 3. No specific fire flow is guaranteed. Fire flow of 3,000 gpm for this area was measured in July 1995. 4. All water and sewer availability is as of the date of this letter and is contingent upon the following: A. The water mains shall be fully looped through the development with no dead-end water mains permitted. B. Provision of appropriate easements as required for water and sewer mains. f' 1 CERT. OF WATER/SEWER AVAIL. RE: 13500 West 44th Avenue May 27, 1997 Page 2 of 2 5. Agreement on the part of the applicant to comply with all rules, regulations, and engineering requirements of the District in effect at the time the District approves the tap application. 5. Payment of all fees and charges levied, assessed, or collected by the District in effect at the time the District approves the tap application. At this time, there are no limitations on water or sewer taps. Water mains are located at West 44th Avenue and Eldridge Street. A sewer main is on the east end of the property. This letter has been reviewed with the Board of Directors and represents the District position in this matter. NORTH TABLE MOUNTAIN WATER AND SANITATION DISTRICT Leonard Ha es District Engineer/Manager LH/la 05210340.1,97 cc: 44 Eldridge LLC 44"' INDUSTRIAL PARK ANNEXATION CASE NO. ANX-98-3 MAP No. I OoZ Y~ / _s ,n.rrt~-r ma=r- _fl c_ r 1~• r r~ r~• U O 1. u - _ _ = - • -~=__y..---~'._!1 (l / 15'l ~ ./wi ~ pus '~w h' _ 1 - _ ~.'--_...r~'~"`_"=_- :s-sue ~t=.vav~- ° ~ ~ ~ ° f r: ' f~ ~I i. r mil'-` ~ ~ _ _ ro-, . ~_I . ~ y 1 39 -19~~0~ } F 10 141 W&Y i Ur-I /N fo~2a ~ ~ J ~l~r/~S ~ Nor- Ta ScaLE 44"' INDUSTRIAL PARK ANNEXATION T CASE NO. ANX-98-3 I` MAP No. 2 -tj tit /~-/yam/y'^./rM1 Mr .~;-s-=-• - J • J.v__ T-~--a ~-r .r 7 ~j~/ / h O3 _ __.~----c.c - lfUlJ.t~l ll.._----~--__ --_'r `{~~'1 - h ~ncs ~~r I', i S _ r .yam: - o r . ~ ~d 11':I 141414w&Y /Nf~/cSrar'~ ~o s8 ~ WP ~R ,Ar(~ SEv~flt ~~/~E E4utT~rlG ~2 v SovTN Tp$l£' //)ou.~7AlN Wi4TiR ,~n~-~ SAr► 1TATIO ,-J 0i5;S4el (.T or 44°i INDUSTRIAL PARK ANNEXATION CASE NO. ANX-98-3 MAI' No. 3 > CEMETERY 4d 3 PROPOSED LAND USE PATTERN EMETERY RETAIL C ,ems .d^I~y p t:r;i ' } can Ac. LOW DENSITY 12L_ .ENTIAL AC~_ 1. t° ROADwA ~necT R' OZ't ADWAY T TRIAL i TN w RO I~IGHT INDUSJ` r .or~,-,y-~~% - :a• c: ~coY, i _ a "fr 1 • Z e ' . ;1, i. j,f LIGHT ~./•y ti' d / -~1 I ;l_ rr 1%s, yrs. -'pITCl1 y I DIJSTI2IAL r E'o LIGHT N _ _ • 4 0 .'1 o Y , 9~ Q ''1,~,. ; ' - , ~ r ~ • - " ti ~ o ~ ; L CDOT MAINT. EACIL. j= Ip. AC. L - mom. •l_l~~ r•. 'ifi_~~= -e `y q•~ i~•r•l..• A °~°-k_p_' _ w'•-`n. . INDUSTRIAL y'• / L.,.._ - - - T n' A• ' _ C7 [ra 1, o-o^ HIGHWAY ~laf~`...-.r:::.:_... _ t 3s - ;I' . Y;i_..:u~r:Cr':•-~-__~k l'.•( Y ~--~4••;. , ..o V o=,~i%~.~ 's....~..r ii}:.`1 _ : . = - mar,,, -..~--_'~=~~.J~ : • . I VACANT/UNDEVELOPED VACANT/UNDEVELOPED U C4 W U p N ?-4ov To Soa-CC, PnOSPECT RECREATION DIS i RICT 4198 XENON STREET WHEAT RIDGE, COLORADO 80033 PHONE: 424-2346 FAX: 424-4066 April 2, 1998 Mr. Martin Omer Economic Development Specialist City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO. 80215 Re: Case No. ANX-98-3/WZ-98-8 Dear Martin, Thank you for sending Prospect Recreation District your request for information and comments regarding the proposed annexation of the 50 acre site in question. The described parcel is currently within the Prospect Recreation District service area, as you are aware. On January 17,1998, the District filed a Service Plan with the Jefferson County Board of County Commissioners to reorganize the District as a Title 32 Recreation and Park District under state statutes and to set the District Service boundary as described on the attached map. This proposed Service Plan was approved by the Jefferson County Planning and Zoning Commission on March 25, 1998 (see attached). The proposed District service area is a relatively small area of less than ten square miles, and its viability depends upon the full participation and support of District property owners. We are approaching our service plan proposal from the position that the future success and health of Prospect Recreation District is dependent on the support and cooperation of our neighboring governments. Your Planning Director, Alan White, and the Planning Directors of other cities that surround our District have requested clarification on how property will be dealt with that is annexed into these adjoining cities. We feel that reaching an understanding on the status of these properties would benefit all of us at this point. Prospect Recreation District is requesting a time to meet with your department and City Council for the purpose of working on an agreement to this end. Our goal is to draft an agreement, with your help, that meets your needs and future desires to expand the boundaries of Wheat Ridge, while also providing for the constancy of our District service area so that we can continue to do our work. This is not an attempt to interfere with your annexation of this property. The annexation process is between the City and the property owner. We are seeking an agreement because we are interested in the health of our District, as well as the joint health of all Jefferson County Park and Recreation Districts and City departments. If these agencies spend their energy resisting each other and questioning each other's intentions, this would not benefit nor do justice to the people we serve. Prospect Recreation District is a small District. It is so small that it cannot afford to lose much land area. If it does experience loss of land area it may not be able to continue functioning on a level where it is a contributor and partner as a service provider. We believe that if any park and recreation agency in the county suffers, we all suffer to some extent and that we all have a responsibility to help keep this from happening. We believe the issues and facts surrounding the annexation and exclusion of land from Prospect Recreation District, by Wheat Ridge, or by any of the surrounding Municipalities, are as follows: 1. Cities have the desire and need to annex unincorporated land. 2. Prospect Recreation District currently serves and benefits the area within its boundaries. 3. The District relies heavily on property taxes to support the District's park and recreation facilities and lands because this is the major funding source available to the district under state law. 4. The City of Wheat Ridge funds a majority of its parks and recreation facilities and lands through sales taxes and very little through property tax. This being the case there is very little overlap of property taxes for park and recreation services on land annexed into the city. There would be a small percentage of property tax that the City assesses, in addition to the Prospect Recreation District property tax. Perhaps, these monies that are raised jointly could be combined for a joint project between the City and Prospect Recreation District to benefit City residents through an intergovernmental agreement. Prospect Recreation District currently assesses a modest one mill tax levy to support its operation. Our Service Plan proposes that the mill levy be increased in increments of one half mill per year to a total of three mills in the year 2002. This incremental financial plan was prepared with the goal of lessening the burden on district property owners while still meeting the needs of the District operation. The total taxes assessed to support parks and recreation services in this case would represent a level that is well below the established tax structures across Colorado. Oftentimes when there is an overlap of taxing jurisdictions capable of providing similar services, there arises the misconception that there is double or duplicate taxation. Such a claim is not true, as long as the two overlapping entities do not in fact duplicate services. As expressed in its Service Plan, the District desire is to complement, not duplicate, existing or planned services. For example, if the District and the City both provide outdoor swimming poolsi a taxpayer in the overlap would legitimately claim to be taxed twice for the same service (assuming excess capacity). However, if one entity agrees to provide a swimming facility and the other a soccer field necessary to meet demand, there is no basis to claim duplication. This is true even if both entities provide soccer fields, because by coordinating their revenue expenditures they can better meet the demand for soccer fields. Specifically, the annexed area may benefit by gaining proximity to a field rather than traveling a substantial distance to a facility. 2 If the District remains financially healthy it will be in a position to negotiate intergovernmental agreements, shared facilities, and other future possibilities such as the regional sports complex. The Prospect Recreation District Board is still looking toward the day that it might be able to participate financially in the Wheat Ridge Recreation Center. We also believe there are areas in which we can work together that haven't even been thought of or been discussed yet. We believe this is the intent of the Wheat Ridge City Fathers, Board of County Commissioners, and the citizens we all serve. With the proper understanding of each other's needs we can work together for the common good. Our District Board of Directors has requested presentation time before your City Council. This date has been tentatively set for April 20, 1998. We hope to provide the Council with some basic information on the District's Service Plan. We will be requesting that we be given some time to work with your department on a draft agreement that it would be able to support and for adoption by the Council. We believe that there is ample opportunity and reason that an agreement can be reached if it is approached with the spirit of cooperation that has existed in the past. We look forward to discussing the possibilities with you. Sincerely, ~A~ 4~ Chuck Reno District Manager cc Gretchen Cerveny, Mayor Wheat Ridge City Council Robert Middaugh, City Manager Michelle Lawrence, Pat Holloway, John Stone Jefferson County Board of County Commissioners Ron Holliday, County Administrator Ralph Schell, Director of Community Resources Gary Wardle, Director of Parks and Recreation, City of Wheat Ridge g eSEd_; aS~~E• A. ¢B@3gee •.5$E4 ~ 3 •$°eB 5 $LT 4 f?~ ~ e °81:1 g NE~TI 8 v °€c ~I I t 1 1 I ~ I 4'~ 1 7 1 1 IM ~ I \ ~ i T RE IM0 1 im 1 m Q Z A 411 t D n INDIA A N ~A D L ID & ° _ I I ~ I tl r I I NG I LD ~ z WARD I O 00 r L_~ r C { MILER ~ rat F i f E I f Q lit-ri'~ CD P~ r-4- (D CD 0 o n i m v m a a w @u + m T, t - 2 4I ?I IIi O C'1 W D m U) m d e~ ~g a~°o -a N A 9 d m m ~e M e °o .'fl -3 o°i oti, 'oo° o O r°n ~n °o n v v °c L) m2 < m O n O o £ 'r0 r O o 2 m Z. c d m ~0 D m < c a = o o o' a D m 0 0 8'~ ~t o m a R m o' m v m o T o m Z t7 .~pl ^.2 ° m m m n m m U) Q m n - 'o x y Z o x x x y o m p ~ m F m v ~ v _ N °os ~ 3 A n a 7,. -Oity of 7500 WEST 29TH AVENUE ~Whe at - WHEAT RIDGE, CO 80215-6713 (303,)234-5900 UTL~ City Admin. Fax 4 234-5924 Police Dept. Fax a 235-2949 - Ridge April 2, 1998 Mr. Larry Fisher Clear Mountain Surveying, Inc. 501 Violet Street Golden, Colorado 80401 Re: 44th Industrial Park, 13500 West 44th Avenue - First Review Comments of Annexation Plats for Parcel 1 & Parcel 2 Dear Mr. Fisher, The first review of the above referenced documents for the 44th Avenue Industrial Park received on March 26, 1998, has been completed with the following comments noted: 1. Please change document title to "Annexation Plat No. 9, and Annexation Plat No. 1011. The City is currently working on other annexations and would like to maintain consistency in naming for filing purposes. 2. Please add symbol to legend for found quarter corners. 3. Please identify corners as "N 1/4 corner Sec. 1911, etc. Add L.S. number that is on cap. Provide monument records for Section 19. 4. Please provide a vicinity map. 5. Recording stamp should be for Clerk and Recorder. 6. The statute reference in the surveyor certificate is for definitions of monument survey. 7. The monument identifies as "SE 1/4 Sec. 19" is a witness corner along the line between Sections 29 and 30. 8. Please delete the reference to Parcel 2 from the first plat. 9. The Wheat Ridge boundary goes 25.06' north of right-of-way on West 44`h Avenue at east end of Parcel 1. RECYOLED PAPER 10. The monument identified as C-W 1/16 Sec. 20 shown measurements would be to 1/4 corner. 11. Please show percent contiguity in perimeter data. 12. Please clarify why you are showing a temporary construction easement from 1991. Is it still in effect? 13. Please clarify your witness corner reference, perhaps with a detail. NOTE: 1. The City has a data base and coordinates for all section corners within the City. . We will require that these bearings fit our coordinate base. Please call our office for this information. Any questions regarding the above listed items can be addressed to Mr. John McGuire, L.S. at 235-2858. Ple(ase return all red-lined prints with the second submittal. SAngtrely, Greg Kr/adsoh, M.P.A. Development Review Engineer cc: Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor -Q' h n .L Planner~, I IAwal O(LAez' File 7500 West 29th Avenue The Cw.y of Wheat Ridge, Colorado 80033 Meat Telephone 303/ 237-6944 Ridge March 23, 1998 The Wheat Ridge Department of Community Development has received a request for annexation and zoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April 8. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX-98-3/WZ-98-8 LOCATION: 13500 W. 44th Avenue/44th Industrial Park (Generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) REQUESTED ACTION: Annex into the City of Wheat Ridge and zone the property PID (Planned Industrial District) APPROXIMATE AREA: 50 acres I. 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 you agency has identified which would or should affect approval of this request? Please reply to: Martin Gn 235-2854 Department of Planning & Development DISTRIBUTION: X Water District.(North Table Mountain) X Sanitation District (North Table Mountain) X Fire District (Fairmount) X Adjacent City (County Planning) X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife tlilTfj~ W kSfl tMANAA~R, Jeffco Health Department X Jeffco Schools X Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" e:\planning\foms\agend=f fm 44 Eldridge, L....C. 12345 West Alameda Parkway, Suite 100 • Lakewood, Colorado 80228 (303) 969-8400 • Fax (303) 986-5494 March 27. 1998 William C. And Kendra L. Cowhey 4415 Eldridge Street Golden, Colo. 80403 Dear Neighbor; Please be advised that 44 Eldridge, LLC has made application to annex, plat and rezone the parcel of land they own between I-70 and Eldridge and west 44th Avenue and Highway 58, Jefferson County, Colorado- A neighborhood meeting will be held April 7, 1998 at 6:00 p_m_ at the City of Wheatridge, 7500 West 29th Avenue, Wheatridge, Colo. 80033. If you have any comments, plan Y L attend. TLH:jj MEMORANDUM I Approved Date TO: Martin Omer, Planner FROM: Greg Knudson., Development Review Engineer )e,~, DATE: March 26, 1998 SUBJECT: 13500 West 44`h Avenue, 44`' Avenue Industrial Park ANX-98-3/WZ-98-8 The Public Works Department has reviewed the Planning Department referral dated March 23, 1998 for the above referenced site, and has the following comments: 1. We will need a final drainage report. 2. We will need engineered construction plans for the required improvements located within public right-of-ways. 3. We will need a completed Dumping/Landfill Permit. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted for review and approval. 4. A letter of credit will need to be submitted for the value of (as determined by the cost estimate prepared by the project's consultant engineer) those public improvements required to be constructed per item 2 above. 5. The proposed annexation plats for parcels 1 and 2 have been forwarded to John McGuire, L.S. for review. Subsequent comments will be forwarded in writing to Clear Mountain Surveying, Inc. 6. The Traffic Division has reviewed the information provided, and does not have any related comments at this time. However, a traffic engineering review will .be required upon submittal of the technical documents referenced above. Please note that it is my understanding that the above referenced documents are currently in the process of being prepared by the developer for this site. City of Wheat Ridge Planning and Development Department Memorandum TO: Tom Hartley FROM: Martin Omer SUBJECT: Property owners within 600 ft (approximate) DATE: March 24, 1998 Please note that this is a list of adjacent property owners. Property owners within 600 feet of the subject property should be obtained from the County Assessors Office. Blackhawk Central City Ace Express 12801 West 44`h Avenue Golden, CO 80403 Mount Olivet Cemetery Association Avenue 14000 West 44th Golden, Colorado 80403 Colorado Department of Transportation 4201 East Arkansas Avenue Denver, CO 80222 Jefferson County Department of Highways and Transportation 100 Jefferson County Parkway Golden, CO 80401 44`h Industrial Park, LLC C/O Tom Hartley 12345 West Alameda Lakewood, CO 80228 Golden Properties, Ltd. 1600 Jackson Street, #150 Golden, CO 80401 Coors Brewing Company Tax Department CE 332 Golden, CO 80401 Colorado Department of Transportation 4201 East Arkansas Avenue Denver, CO 80222 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Wheat Ridge fill /'W 3 March 24, 1998 To Whom It May Concern: Enclosed, please find copies of a public hearing notice, resolution, and petition concerning and annexation proposal submitted to the City of Wheat Ridge pursuant to the requirements of C.R.S. 31-12-108. Also enclosed is a vicinity map with the location of the proposed annexation. Please contact me at 235-2854 if you have any questions, Sincerely, Martin Omer Economic Development Specialist AW/bd ne City of 0 RECYCLED PAPER 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge March 23, 1998 The Wheat Ridge Department of Community Development has received a request for annexation and zoning at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April 8. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX-98-3/WZ-98-8 LOCATION: 13500 W. 44th Avenue/44th Industrial Park (Generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) REQUESTED ACTION: Annex into the City of Wheat Ridge and zone the property PID (Planned Industrial District) APPROXIMATE AREA: 50 acres I . 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 you agency has identified which would or should affect approval of this request? Please reply to: Martin Omer: 235-2854 Department of Planning & Development DISTRIBUTION: X Water District (North Table Mountain) X Sanitation District (North Table Mountain) X Fire District (Fairmount) X Adjacent City (County Planning) X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Jeffco Health Department X Jeffco Schools X Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation City" e:\planning\fonns\agendaref fnn PUBLIC HEARING NOTICE Notice is hereby given that the Wheat Ridge City Council adopted the following Resolution setting a public hearing to consider the annexation of the property known as 44th Industrial Park. RESOLUTION NO. 1657 A RESOLUTION SETTING A HEARING DATE FOR THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS 44th INDUSTRIAL PARK LOCATED APPROXIMATELY AT 13500 W. 44TH AVENUE (GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, EAST OF ELDRIDGE STREET AND WEST OF I-70) IN THE COUNTY OF JEFFERSON. The City Council of the City of Wheat Ridge, Colorado Resolves: The City Council finds that a petition for annexation of certain territory more particularly described herein and to be known as the 44th Industrial Park, filed with the City Clerk on March 6, 1998, is in substantial compliance with Section 31-12-107(1), C.R.S., and that a public hearing should be held to determine if the proposed annexation complies with Sections 31-12- 104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of Section 21-12-101, C.R.S., et seq. Parcel 1: A parcel of land in Sections 19 and 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at a point from whence the East quarter corner of said section 19 bears S89°23'23"W a distance of 200.00 feet; Thence N72°10'27"W a distance of 1093.17 feel to the Southerly right-of-way of West 44th Avenue; Thence along said right of-way, N77 ° 16'40"E a distance of 1347.60 feet; Thence, departing from said right-of-way, N12°43'20"W a distance of 80.00 feet to the Northly right-of-way of West 44th Avenue, and a curve to the right which has a delta of 13'00'00", a radius of 1472.50 feet and a chord bearing of N83 °46'40"E; Thence along the arc of said curve a distance of 334.10 feet; Thence S89°43'20"E a distance of 530.94 feet; Thence departing from said right-of- way, S00°05'46"E a distance of 199.94 feet; Thence S64°20'29"W a distance of 33.20 feet; Thence S31 °24'20"W a distance of 609.82 feet to a point on the East-West center section line of said Section 20; Thence along said East-West center section line S89°23'23"W a distance of 771.24 feet to the point of beginning containing 983,105.52 square feet or 22.57 acres, more or less. Parcel 2: A parcel of land in Sections 19 and 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at a point from whence the east quarter corner of said section 19 bears S89'23'2' )"W a distance of 200.00 feet, Thence S89°23'23"W a distance of 200.00 feet to said east quarter corner of said section 19, Thence along the east line of said section 19, SO0°22'26"W a distance of 275.38 feet, Thence S87°15'49"W a distance of 2456.00 feet; Thence N76°06'56" a distance of 200.16 feet to the North-South center section line of said Section 19, Thence along said North-South center section line, NO0°08'43"W a distance of 278.94 feet to the southerly right-of-way line of 44th Avenue and a curve to the left which has a Delta of 06° 11'50" a radius of 995.00 feet and a chord bearing of N80°22'35"E, Thence along said are a distance of 107.62 feet, Thence N77°16'40"E a distance of 1745.72 feet to the City of Wheat Ridge Boundary, Thence departing from said right-of-way along said Wheat Ridge Boundary S72°10'27"E a distance of 1093.17 feet and to the East-West center section line of said section 20 to the point of beginning, containing 1,307,506.54 square feet or 30.02 acres, more or less. The City Council hereby sets a public hearing for annexation and rezoning on May 11, 1998, at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and directs the City Clerk to publish and give notice as required by State and City laws. Done at a regular meeting of the Wheat Ridge City Council held on March 23, 1998, and approved by a vote of 8 for 0 against. Barbara Delgadillo, PI ing Secretary ATTEST: Wanda Sang, City Clerk Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Published: Wheat Ridge Transcript 1st Publication April 3, 1998 2nd Publication April 10, 1998 3rd Publication April 17, 1998 4th Publication April 24, 1998 Resolution No. 1657 Serics of 1998 A RESOLUTION FINDING A PETITION FOR ANNEXATION OF TWO PARCELS OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to and by the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was presented to and filed with the City of Wheat Ridge, Colorado; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the written petition for annexation to determine whether there has been substantial compliance with C.R.S. 31-12- 107(1); and WHEREAS, the City Council of the City of Wheat Ridge, Colorado has satisfied itself concerning the substantial compliance of the written petition for annexation to and by the City of Wheat Ridge, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12- 107(1). Section 2. A public hearing on said annexation petition will be conducted on the 11th day of May, 1998, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80215, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 313-12-105 or such part thereof as may be required to establish eligibility udder the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. a Resolution No. Page 2 Section 3. Any person living within the area proposed to be annexed, any landowner of lands thereof, any resident of the municipality to which the areas is proposed to be annexed, any municipality located within one mile of the proposed annexation, or the Board of County Commissioners of Jefferson County, may appear at said hearing and present evidence upon any matter to be determined by the City Council. RESOLVED AND PASSED this day of Mnrrh , 1998. ATTEST: .y~LLGi,GLi< tuc_- Wanda Sang, City Cl d:\...\ccrpts\reso-ord\harthrg l .res 1st Publication: April 3, 1998 2nd Publication: April 10, 1998. 3rd Publication: April 17, 1998 4th Publication: April 24, 1998 WHEAT RIDGE TRANSCRIPT CITY OF WHEAT RIDG , " LORADO tchen Cerveny, Mayor EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77'16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83'46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, 589'43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, 531'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, 589'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983.105.52 SQUARE FEET OR 22.57 ACRES, MORE OR LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS 589'23'23"W A DISTANCE OF 200.00 FEET; THENCE, S89'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, S00'22'26"W A DISTANCE OF 275.38 FEET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF. 06'11'50", A RADIUS.OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THENCE, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE.CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. ANNEXATION CASE NO. ANX-98-3 I' ! 2 Z. 1 ~IJm 1 INS 18 - '-""T- MOUNT I~ .I., SITE ~ - - - 4\ ' . E a.: 19' w 201 . a ~ V1 ' I gpole ood God Comic `i ~y . VICINITY MAP SCALE: 1" = 2000' N PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: 44TH INDUSTRIAL PARK The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-I2-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. 1. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed; B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context if appears appropriate, each term stated in either the singular or plural will include the other,. and pronouns stated in either the masculine , feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned 12345 West Alameda All of the private 3 Lakewood, CO 80228 property in this request AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says:. That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of 4 pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circ ator ROGER N. VENABLES STATE OF COLORADO ) COUNTY OF G46&zn,2 )ss The foregoing Affidavit of Circulator w~a/~ subscribed and sworn to before me this V6k day of 199,P, by /I 5.L 7): a Gam,. , My Commission expires: G1iQ1}6o/ Notary iblic (SEAT.) SENDER: 2 :Complete items 1 ar 2. additional services. :Complete items 3, 4a, and 4b. 41 :Pant your name and address on the reverse of this form so that we can return this d card to you. ` :Attach this form to the front of the mallpiem, or on the back if space does not Permit. 41 •Wdte'Retum Receipt Requested' on the mailpiece below the article number. 6 :The Retum Receipt will show to whom the article was delivered and the date C delivered. 0 North`TableeMount 4a. Article Nu a ain water & Sanitation Di Z 3 c s 1408 triCt 6 w 52 4b. Service T . nd Golden, CO 80403 ❑ Registered ❑ Express M o ~X~P-3 ~2 _ 7" .t9' 5. Received By: (Pd t Name Lee 8 Addy~eg, ~ ~ aqd 1 be ~ g 6. Signatur . (Addressee or Age y I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 0 Consult postmaster for fee. mbar d 7a E' Pe G~CCentitled Y ail Insured 9 Merchandise ❑ COD k w y E = {/d resS(Only if requested m atdyj t~'1 a I also wish to receive the d SENUen: m7 .Complete items 1 and/or 2 for additional services. following services (for an 'm :Complete items 3, 4a, and 4b. d address on the reverse of this extra fee): forth so that we can return ihle m .pant your name en card to you. from of the mailpiece, or on h the back If space does not 1. ❑ Addressee's Ad rBSS 9 e :Attach this fame to t perm t. the mailpiece ' below the article number. 2. ❑ Restricted Delivery S m on •wnle'fletum Receipt Requested :The Return Receipt will show to whom the article w as delivered and the date Consult postmaster for fee. . delivered. 4a. Article Number 2 o v 3. Article Addressed to: D E Fairmount Fire Protection Dist. 4b. Service Type Ix E 4755Isabell certified ❑ RegisteredJ~ o CO 80403 Golden ❑ Express Mail Insured , ❑ RetumReoeiptforMerchandise ❑ COD cc ~1u-9~'3 7. Date o Delive 2~ ~e~' G o T 8. Addressee's Address (Only if equested t 'nt me 5, ceiv y: and fee is paid) r r- Si Addrme 80rAgent) e r X PS Form 3811, December 1994 02595-97-B-0179 Domestic Return Receipt m SENDER: I also wish to receive the v :Complete items 1 and/or 2 for additional services. following services (for an a :Complete items 3, 4a, and 4b. extra fee): :prim your name and address on the reverse of this forth so that we can return this 8 .Attach this forth to the horn of the mailplace, or on the back if space does not 1. ❑ Addressee's Address m permit. :That Retom Receipt w+p show io whom the a~rticl a asldeliverred end the date 2. 0 Restricted De Ivory Consult postmaster for fee. N~ -S p 9 delivered. 3. Article Addressed to: Flood Control 4a. Article Number ~3s5' 6s~ ~a3 g m E' a Urban Drainage & service Type ab m e " Dist. 26th Ave. #156B 2480 W . ❑ Registe UNNVS/p Certified ❑ Insured ❑ Exp Fs m • Denver, CO 80211 l ❑ R 1~,7 eceiptforMerch ❑ COD w o a ~ 3 7. to of Delivery 3 2 0 i MA eiv d By: (Pd N e) B. A, dressee's Address nlyif equested an fee ' paid) 0 1 F 1 F w g 6. Signature: (Addressee orAgent) S PS I~ r X 102595-97-B-0179 Domestic Return Receipt PS Form 3811, December 1994 SENDER: 9 •Complete items i andor 2 for additional services. I also wish to receive the w •Complete items 3, 4a, and 4b. following services (for an • dra your name and address on the reverse of this form so that we can return this extra fee): ' j card to you. EAttach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. y EWMe'Retum Receipt Requested'on the mailpiece below the. article number. 2.0 Restricted Delivery W « Erne Return Receipt will show to whom the article was delivered and the date d li d i vere e . Consult postmaster for fee. d• i a ' rtfnla !Ld_dressed to:~ 4a. Article Number y e0o Wastewater Reclamation Di t , 3 S7 70 E E s 6450 York St u . Deri - 4b. Service Type \\o .19 ver, , CO 80229 ❑ Registered I~Cenified ¢ b m' ❑ Express Mail Insured q w rn > ❑ Return Receipt for Merchandise ❑ COD . J w 7. Date of Delivery --v ~R. z ¢ c" r T 5. Received By: (Print Name) 8. Addressee's dd r nlyifr ue red c m and fee is pallol F 6. Signs : (Add ressee orAg t). zf y a X P U - d SENDER: V •Complete items 1 and/or 2 for additional services. h •Complete items 3, 4a, and 4b. 4 E Prim your name and address on the reverse of this form so that we can return this L' card to you. •Attach this form to the front of the mailpiece, or on the back If apace does not Permit. m EW a Return pt t Requested' on the mailpiece below the article number. ~ E The Retu Receipt will show to wham the article was delivered and the date r delivered. S. Article Addressed to: f Regional Transpor 1600 Blake St. Denver, CO 80202 r ~ Ggll ~'-~i ~3 z ¢ 5. Received By: (PdnM LW Dist. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address ZI, 2. ❑ Restricted Delivery Consult postmaster for fee. mber - - - ' (DJ 5 J 7 7 E /pe - ❑ Registered Certified c ❑ Express Mail Insured 5 ai ❑ Return Receipt for Merchandise ❑ COD 7 D t f D « ll . e o a e verly - T me) S. Addressee's Address (Only if requested c 6. Signatu Addressee or Agent) w PS Form 3811, December 1994 and fee Is paid) t I- ' 102595-97-9-0179 Domestic Return Receipt ENDER: I also wish to receive the i .Complete Items 1 and/or 2 for additional services. Complete following services (for an a : items 3, 4a, and 4b. d print your name and address on the reverse of this form W t hat we can return this extra fee): card to youf. d Attach this orm to the front of the mailpiece, or on the back if space does not 1. [3 Addressee's Address y permit. and the date Wdtg-Ratum e Return Receipt will RegUwtowhome the adlctewaelowh article Ern Restricted Delivery 2. Consult postmaster for fee. . W delivered. § v 4a. 3. Article Addressed to: Article Number a 3b-5- 6157 700 'Law Enforcement Assistance Dist. E Jeffco Commissioners ab. Service Type Certified 0 100 Jefferson County Parkway ❑ Registered ❑ Express snail ❑ Insured .15 Golden, CO 80401 ❑ Return Receipt for Merchandise ❑ COD S /d" el_cf 7-3 7. Date of Delivery L JEt-FEHSON Cc,, it d .f Addressees Address (Only if requested 8 o T i 5Received By: (Print Name) . . and tee is paid) r n , lyy6 M Z w 6. Signature: (Addressee, or Agent) a X TODD CHES i r_K Ps Form 3811, December 1994 102595-97-e-01715 Domestic Return Receipt SENDER: -Complete items 1 and/or 2 for additional services, a the :Complete items 3, 4a, and 4b. I also also wis wish h to to receive the - I e q Print your name and address on the reverse of this form so that we can retum this d cam to you. extra fee): .Attach this form to the from of the mailpiece, or on the back if space does not permit. 1. ❑ Addressee's Address m •2 m 0Wrhe'Retum Receipt Requested'on the mailpiece below the article number. « -The Return Receipt will show to whom the article was delivered and the date 2. Restricted Delivery y y delivered. Consult postmaster for 0 fee a 3. Article Addressed to: 4a. Article Number „ Sci ntitic Xc Cultural Facili ' . $ ties llist" E 1905 Sherman - 4b. Service Type Denver, CO ❑ Registered Certified X LL ❑ Express Mail nsured 9 e ❑ Return Receipt for Merchandise ❑ COD o, 7. Date of Delivery F 5. Received By: (Punt Name) 8. Addressee's duress (Onlyffrequested o' a° •Y and fee is paid) - m e 6. Signature:. (Addr a orA x W PS Fo $11, December lssa ,02599-9]-g-ohs Domestic Return Receipt m SENDER: 'o •Complete Items 1 and/or 2 for additional services. I also wish to receive the Ta -Complete hems 3, 4a, and 4b. - :Prim your name and address on the reverse of this forth so tharwaear ret[an m - -following services (for an `eMr'k fee): ca to you. 90ar -Attach this form to the from of the mailpiece, or on the back if space does not . 1. 0 Addressee's Address 8 permit. o :Write'Retum Recelpt Requested'on the mailpiew below the article number. Th R 2. ❑ Restricted Delivery . y e eturn Receipt will show to whom the article was delivered and the date a delivered. n Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number m Prospect Recreation Dist. C~ -7 ~ f 4198 Xenon St 4b. Service Type E ~ . Wheat Ridge, CO 80033 ❑ Registered Certified r xpress Mail Insured S ~ ' 3 ❑ R m Receipt for Merchandise ❑ COD m a 7 C q 8 7 D t f D li 1 o e very 5. c •ed By: (PdntName) ddress (Only if requested r C natu ee or Agent) Form 11, December 1994 102995-s estic Return Receipt 9 :Complete hems 1 and/or 2 for additional services. s ,a -Complete items 3, 4a, and 4b. 18190 WISh t0 receive the 0 • Print your name and address on the reverse of this forth w that we can ratum this following services (for an card to you. extra fee): _m :Attach this torte to the front of the mailpiew, or on the back if space does not permit. 1. ❑ Addressee's Address ' S w •Wrlte Retum Receipt Requested'on the mailpiem below the article number. $ -The Retum Receipt will show to whom the article was delivered and th 2• ❑ Restricted Delivery d e ata c delivered. W o Consult postmaster for fee. 3. Article Addressed to: S. 4a. Article Number $ / CL 'Metro Major League Baseball Lv6-7 to e Stadium Authority o 4b. Service Type 0 E ; ` 2195 Blake Street ❑ Registered Certified DeriVOT, CO 80205 0 Express Mail Insured so e ❑ Return Receipt for Merchandise ❑ COD x ,711 7. Date of Deli very z 5. Received By: (PdntName) 8. Addressee's Address nlyifrequested -tu m and fee is paid) 0 6. Signs . (Adores ee rAge F x w Ps roan 00 11, December 1994 102595-97-e-0179 Domestic Return Receipt "I ARCHIOCESE OF DENVER MORTU 200 JOSEPHINE ST I DENVER CO 80206-4710 MANGONE RALPH J & EVANGELINE N 2781 BERRY LN GOLDEN CO 80401-1419 VALLEY BUILDERS MOHAWK 5460 S QUEBEC ST #240 ENGLEWOOD CO 80111-1917 14242 W 44TH AVENUE LLLP 240 JOSEPHINE ST #201 DENVER CO 80206-4700 PHYLLIS E. LEWIS 4475 ELDRIDGE ST GOLDEN CO 80403-1862 WILLIAM C. COWHEY 4415 ELDRIDGE ST GOLDEN CO 80403-1862 BLACKHAWK CENTRAL CITY ACE EXPRESS 1 14000 W 44TH AVE GOLDEN CO 80403-1899 COORS BREWING COMPANY PROPERTY TAX DEPT CE 332 GOLDEN CO 80401 LLC RAJA 14252 W 44TH AVE #D GOLDEN CO 80403-1800 RICKIE L. BLUMENTHAL 4445 ELDRIDGE ST GOLDEN CO 80403-1862 GEORGE A. MARTINEZ 4425 ELDRIDGE ST GOLDEN CO 80403-1862 JOSEPH E. WILLIAMS 4436 S ELDRIDGE ST MORRISON CO 80465-1029 CITY COUNCIL MINUT^.q: March 23,-1998 - Page -9- Vote on original motion as amended carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no. DECISIONS, RESOLUTIONS. AND MOTIONS Item 5. Resolution 1657 - concerning the annexation of property known as the 44th Industrial Park. Resolution 1657 was introduced by Mrs. Dalbec; title and summary read by the Clerk. Motion by Mrs. Dalbec to adopt Resolution 1657 and set-a hearing date of May 11, 1998, for the 44th Industrial Park Annexation; seconded by Mr. DiTullio; carried 8-0. Item 8. Consider selection and approval of construction manager/general contractor (CM/GC) for the Wheat Ridge Recreation Center. Item 8 was introduced by Mr. Donnelly; summary read by the Clerk. Mr. Middaugh explained the selection process. Motion by Mr. Donnelly that the contract for the preconstruction services and construction services for the Wheat Ridge Recreation Center be awarded to Adolfson & Peterson Construction the amount of their bid of $611,900. I further move that $15,000 be authorized for preconstruction services; I further move that the City Manager and the City Attorney be authorized to complete the agreement with Adolfson & Peterson Inc. I further move that the Director of Parks & Recreation be authorized to issue change orders up to the total contract amount and that the total project cost of $611,900 be charged to the Recreation Center Fund, Account 61-602-801. I further move that the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1998, 1999, and 2000 for this project in accordance with Ordinance No. 787, 1989 Series; seconded by Mr. Mancinelli; carried 8-0. Item 9. Request for flashing yellow beacons and a school speed zone on 44th Avenue from Yarrow to Balsam. Item 9 was introduced by Mrs. Dalbec. She also presented petition from the PTA, Community of Wilmore Davis Elementary, requesting the installation of flashing yellow lights. The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax # 234-5924 March 23, 1998 Dear Property Owner: Police Dept. Fax # 235-2949 Wheat gZidge This is to inform you that Case Nos. ANX-98-3 and WZ-98-8 which are requests for approval to annex into the City of Wheat Ridge and zone the property located at approximately 13500 W. 44th Avenue (generally located South of 44th Avenue, North of Highway 58, East of Eldridge Street and West of I-70) and known as the 44th Industrial Park as a PID (Planned Industrial Development) will be heard by the Wheat Ridge City Council on April 13, 1998, at 7:00 p.m. and the Planning Commission on April 16, 1998, at 7:30 p.m. Both hearings will be held in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. All owners and/or their legal counsel of the parcel under consideration must be present at the above mentioned hearings. As an area resident or interested party, you have the right to attend these Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against these applications which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other person whose presence is desired at these hearings. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. eApImmng\forms\pubnotic.wpd RECYCLED PAPER 1) Situ: 14000 W 44TH AVE, GOLDEN CO 80403-1899 C022 APN: 39-193-01-001 Rec Date: 10/19195 County: JEFFERSON, CO Doc 132464 Use: WAREHOUSE Sale Price: $850,000 Subdiv: MIKE JELEN RESUB 1st TD: RTSQ: 69W03S19SW Rooms: Bedrms: Map Loc: 14-L* Zoning: Full Baths: Half: Owners: BLACKHAWK CENTRAL CITY ACE EXPRESS I Mail: 14000 W 44TH AVE; GOLDEN CO 80403-1899 C022 2) Situs: , LITTLETON CO 80123 APN: 39-194-00-005 Rec Date: County: JEFFERSON, CO Doc Use: INDUSTRIAL LOT Sale Price: Subdiv: 1 st TD: RTSQ: 69W03S19SE Rooms: Map Loc: 14-M Zoning: Full Baths: Owners: GOLDEN PROPERTIES LTD Mail: 1600 JACKSON ST #150; GOLDEN CO 80401-1958 0006 3) Situs: , CO APN: 39-194-00-002 Rec Date: County: JEFFERSON, CO Doc Use: MINE/QUARRY Sale Price: Subdiv: 1 st TD: RTSQ: 69W03S19SE Rooms: Map Loc: 14-M Zoning: Full Baths: Owners: COORS BREWING COMPANY Mail: TAX DEPARTMENT CE 332; GOLDEN CO 80401 c% v?L ~ ~azzG 10/05/92 126575 Bedrms: Half: 12/27/92 165348 Bedrms: Half: Total Value: Land Value: Imprv Value: Bldg/Liv Area: Lot Size: Yr Built: Stories: Phone: Total Value: Land Value: Imprv Value: Bldg/Liv Area: Lot Size: Yr Built: Stories: Phone: Total Value: Land Value: Imprv Value: Bldg/Liv Area: Lot Size: Yr Built: Stories: Phone: $179,800 $35,960 $143,840 16,334 A4.22 $45,430 $45,430 A29.90 $46,620 $46,620 A47.81 Copyright ©1996-97 Experian Page: 1 of 1 ,tea (~e e4~., I GO CG~U_Gv~ ~ 714 . a zs ~U z ZZ ,7 - Z7 -p - 9- ac SENDER: v :Complete Rams 1 and/or 2 for additional services. 'm :Complete items 3, 4a, and 41b. m .Prim your name and address on the reverse of this form so that we can return this card to you. m .Attach this form to the from of the mailpiece, or on the back it space does no permit. : Wdte'Retum Receipt Requested' on the rtlailpiece below the snide number. :The Return Receipt will show to whom the article was delivered and the date delivered. o 4a. Article 1 .0 3 Article adrlreeced t.. d Tom Hartley a 44th Industrial Park LLC ab. service I also .,sh to receive 1119 following services (for an extra fee): 1. ❑ Addressee's Address Z 2. ❑ Restricted Delivery U) Consult postmaster for fee. rY ' E 0 345 West Alameda ❑ Registered 41 12 Lakewood, CO 80228 ❑ Express Mail ❑ Return Receipt to c anx983/wz988 7. Date of Dative a T- 5. Received By: (Print Name 8. Addressee's Ad and fee is paid) W g 6. Signatur dress n' r X 94 102595-97-6-0179 D01 E Certified III o' ut Y 6 i5 cember 4 - m SENDER: I also wish to receive the 9 :Complete items 1 and/or 2 for additional services. following services (for an w m :Complete items 3,4a, and 4b. :Prim your name and address on the reverse of this form so that we can return this extra fee): d card to you. :Attach this form to the from of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address Z 0 9 permit. 'Wme'Retum Receipt Requested' on the mailpiece below the article number. 2.0 Restricted Delivery d N y The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. S' delivered. C v 3. Article Addressed to Golden Properties Ltd. 1600 Jackson Street #150 y Golden, Co .80401 W M c anx983/wz988 5. Received By: -(`Pint Name) W ( la tA~/ hP_ C 6. Signature: Addressee_ or Agel 0 T W PS Form 3811, December 1994 4a. Artcle Number Z 4b. Service Type ~~~JJJ ❑ Registered pY.Certified c [I Express Mail Insured m ❑ Retum Reoeipt for Merchandise ❑ COD `o 7. Date 0 f,p9 iv ~ ~ 9 o rJ 8. Addresse s Address (Only if requested E and fee' paid) F 102595-97-6-0179 UUIIIWWIU now-II r rwv,l+. m SENDER: I also wish to receive the :complete items 1 and/or 2 for additional services. - following services (for an w w :Complete dams 3, 4a, and 4b. •Pdnt your name and address on the reverse of this form so that we can return this extra fee): 4; `m card to you. .Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address Z permit. - - •Wnte'Retum Receipt Requested' on the mailpiece below the article number. 2. 13 Restricted Delivery m N y G, :The Return Receipt will show to whom the article was deliverkd and the date Consult postmaster for fee. t delivered 3 B1ackHawk Central r ceExpress', 14000 W.44th`Ave. E Golden, CO 80403 c u U anx983/wz988 .7 O ` a IE 5 Received By: (Pint Name) 5 6. Signs t(afB (Add ee orA ent) V m PS Form 3811,-Decem 94 4 rficle Number 35~ ~5~7 Ir 4b. Service Type io ❑ Registered ❑ Certified w ❑ Express Mail ❑ Insured 5 ❑ Return Receipt for Merchandise ❑ COD ° ` ' 7. Date of D livery o G T 8. Addressee's Address (Only if equested a and fee is pad) 4 N rr -M M -0 r- N -95 T ~ u7 y... o . ..0 a P+ o y o: W ma uI U V ~ Iro\ U o O V > ~ ' .o m I m Y : N i.. oU co N 00 ly z Z y d o r-j , g,. 0 0 rn o 3 ~o yy _ EE o ~ „ _ Q d ~zc o ~ o S66t U E~ ~ c3 Vk v wod Sd U3/11/Uzi 13: UO 'O a=11cv wm acv,. y vu Th y of 7500 WEST 29TH AVENUE WHEAT RIDGE. CO 80215-6713 !303) 234-5900 heat City Admin, Fax # 234-5924 Police Doot. Fax # 235-2949 GRi d e March 11, 1998 g Kris Hiemstra .7 Jefferson County Planning Department 100 Jefferson County Parkway, Suite 3570 MAR 1 7 1998 Golden, Colorado 80419 J=- Re: Prospect Recreation and Park District Service Plan r~ntt~i+~~ t•;u GG+~+~~ Dear Ms. Hiemstra: The City of Wheat Ridge Planning and Development Department has received a copy of the Service Plan for the proposed Prospect Recreation and Park District. The Service Plan se*.s out the services to be provided by the district and a financing plan, among other items, as required by state statutes. There appears to be a need to establish this district to provide these services. However, the proposed district boundary, which would also be the taxing area of the proposed district, is of concern to the City, especially the proposed eastern boundary. Though not extensive, the City is potentially looking at annexations along this western boundary of the City. In fact, we are currently processing an annexation petition for the property labeled as Parcel G on the Master Planning Map (Map A). Other annexations may occur on the west side of Ward Road. The City requests that the district boundary be amended to exclude the 44th Avenue Industrial Park property, bounded by I-70, 44th Avenue, Eldridge, and SH58. Other annexations are possible within the proposed district boundary which will create a situation of overlapping services and taxation for any parcel annexed. Policies need to be developed to address the exclusion of properties from the district upon annexation by the City. Since Parcel G on Map A is being proposed for industrial park development in the City, it should be removed from the map as a site for a regional sports complex. Thank you for the opportunity to review this Service Plan. Please contact me if you have ark: questions. Sincerely, Wi r.VVW"c! Alan C. White, AICP Planning and Development Director 0 RECVCLEO PV-ER it was muvF uy ~ Ull aiunawnci BEFORE THE PLANNING COMMISSION. COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION IN THE MATTER OF: 115A Zq 1 o 9 U~ 98015024SDP1 - Service Plan for the Prospect Park and Recreation District The Jefferson County Planning Commission hereby recommends APPROVAL of the above application subject to revisions being made to the Service Plan in accordance with the red-marked print dated March 18, 1998. Commissioner COLE seconded the adoption of the foregoing Resolution, and upon a vote of the Planning commission as follows: Commissioner ROUSSELOT - Aye Commissioner COLE - Aye Commissioner STIEGHORST - Aye Commissioner ROSASCO - Aye Commissioner SICCARDI - Aye Commissioner PULLIAM - Aye the Resolution was adopted by unanimous vote of the Planning Commission of the County of Jefferson, State of Colorado. I, LISA J. VERNON, Executive Secretary of the Jefferson County Planning Commission do hereby certify that the foregoing is a true copy of a Resolution duty adopted by the Jefferson County Planning Commission at a regular hearing held in Jefferson County, Colorado, on March 25, 1998. Lisa J. Vernon, Executive Secretary 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 March 3, 1998 Tom Hartley Meadow Properties, Inc. 12345 West Alameda Parkway #100 Lakewood, CO 80228 RE: Calculation of City Use Tax Dear Tom: ne City of 4)NH;1A Wheat GRidge Per your request I am providing you with the formula for calculating the Use Tax collected by the City. This formula is as follows: Use Tax is calculated as 2.5% of 60% of the cost of the entire project. The breakout of project costs are labor at 40% of project costs and materials at 60 % of project costs. Use Tax is collected at the time of Building Permit issuance. As an option to this percentage allocation, the developer may do a project audit at the completion of the project to calculate actual attributable percentages and an adjustment to Use Taxes paid will be made. Please call me at 235-2854 if you have any questions. - Sincerely, Martin Orner, AICP Economic Development Specialist/Associate Planner enclosure cc: Alan White, Director of Planning and Development (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 ~+n ~j Development 1.1t.I1 Specialists Land Use/Development Planning/Market Feasibility/Expert Witness ' I i I i ; i February 11; 1998 Timothy W. Carl, Planner Jefferson County Planning and Zoning Department j 100 Jefferson County Parkway Golden, CO 80419 RE: Zoning Case No. 97015216RZPI Map 50, 44°i Industrial Park Dear Mr. Carl: Acting on behalf of my clients, the 44a' Eldridge LLC, and Mr. Tom Hartley, this letter is to inform you that the applicants wish to delay and continue until further notice the public hearing in; front of the Jefferson County Board of County Commissioners on the above stated case. ' The County Staffs recommendation for denial of any waivers concerning roadway, improvements and road impact fees places this project, in economic jeopardy. In our opinion the cost of the County fees and roadway improvements demanded' is,,far in excess of impacts that would be generated by this development, and until this issue is satisfactorily resolved to my clients agreement we cannot continue with this case. Very truly yours, C. Ronald Hoisington, Principal CRH Development Specialists cc 44t Eldridge LLC ADG Engineers • Leigh, Scott, Cleary CRH Development Specialists 3'000 Youngfield'° St. : Suite 285 Lakewood,' CO 80215 (303) 232-8598 - FAX (303) 232-3252 02/09/98 13:33 $ Jeffco Com Sevc laO02 It was moved by Commissioner ROSASCO that the following Resolution be adopted: BEFORE THE PLANNING COMMISSION COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION 97015216RZP1, Map No. 50 Sections 19 and 20, Township 3 South, Range 69 West 44TH ELDRIDGE L.L.C. Location: 12900 West 44th Avenue From: Mineral Conservation and Agricultural-Two To: Planned Development Purpose: To allow industrial and office uses Approx. Area: 51.05 Acres The Jefferson County Planning Commission hereby recommends APPROVAL of the above application on the basis of the following facts: 1. That the factors upon which this decision is based include evidence and testimony presented in this case. 2. The Planning Commission finds that: a. This proposal is in substantial conformance with the North Plains Community Plan because all applicable Plan recommendations have been met. b. That the proposed land use is compatible with existing and allowable land uses in the surrounding area in all directions because: 1) The proposal will act as a transitional component between uses to the north and south. 2) A 10.6 acre natural buffer area along the northern portion of the property and wood fencing along Highway 58 will minimize the impact of the development on the surrounding area. 3) Architecture will utilize natural and earth tone textures and landscaping will be integrated throughout the development to blend the proposal into the area. C. No known commercial mineral deposits exist upon the subject property. 3. The following is the condition of approval: a. Revisions to the Official Development Plan in accordance with the red-marked printed dated February 4, 1998. Commissioner ROUSSELOT seconded the adoption of the foregoing Resolution, and upon a vote of the Planning Commission as follows: 0.x/09/98 13:33 $ Jeffco Com Sevc 0003 RESOLUTION 97015216RZP1 Page 2 Commissioner ROSASCO Aye Commissioner ROUSSELOT - Aye Commissioner STIEGHORST - Aye Commissioner PARKER Aye Commissioner HANNAY Aye Commissioner FOX Aye the Resolution was adopted by unanimous vote of the Planning Commission of the County of Jefferson, State of Colorado. I, LISA J. VERNON, Executive Secretary of the Jefferson County Planning Commission do hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Jefferson County Planning Commission at a regular hearing held in Jefferson County, Colorado, on February 4, 1999. ~e Lisa J. Vernon, Executive Secretary 02/09/98 13:33 $ Jeffco Com Sevc ® 004 February 9, 1998 The modifications to item 14 of the written restrictions have been made based on the Planning Commission hearing of February 4, 1998_ These changes will be presented to the Board of County Commissioners. The changes are based on agreed language we reached during the Planning Commission hearing. (.Follow-up: Those items in bold are what was dfceussed before the Planning Commission and agreed to as part of the red-marked print). 14. Traffic Impact Requirements a. In addition to those improvements required by the Land Development Regulation, off site traffic and roadway improvements that are necessary to mitigate the traffic impacts from the proposed development will be provided by the developer. These improvements will be included in the infrastructure requirements at the time of platting, and shall be guaranteed in accordance with Part IV of the Land Development Regulation. These improvements are as follows: 1) Remove existing CDOT service road for approximately 200 feet south of West 44th Avenue and construct proposed site access road to align with Mt. Olivet access road at West 44th Avenue. The new shared road will provide access to the CDOT shop at a point approximately 200 feet south of West 44th Avenue and will be wide enough to accommodate a 12 foot wide entry lane and two 12 foot wide exit lanes (left-turn lane and shared through/right-turn lane). 2) To accommodate expected left-turning volumes into the site from the east, a west-bound left-turn deceleration lane will be needed. The left- turn deceleration will replace the existing through lane, while through traffic will be routed to the outside lane and the existing right-turn lane .into Mt. Olivet Cemetery widened to provide adequate width. All three lane widths will he 12 feet each and built to County standards, but may be reduced to 10 feet if necessary to accommodate site constraints. "Left lane must turn Iefr and "right lane must turn right" signs will be added to direct traffic flow. Sufficient space between the northwestern Interstate 70 bridge support or the fence bordering Mt. Olivet Cemetery and the newly aligned West 44th Avenue will remain for any future extension of the five-foot wide sidewalk which currently terminates 65 feet west of Youngfield Street. The median on West 44th Avenue should be extended westward to accommodate the new access road. 3) The existing right turn deceleration lane for the CDOT access road should be lengthened to 270 feet west of the new site entrance. The 270 feet includes 110 feet of taper and accounts for a four percent grade along West 44th Avenue. 4. The existing right-turn acceleration lane for the COOT access road, which is continuous eastward to Youngfield Street, should be extended westward to the site access for the 44th Industrial Park. PROSPECT RECREATION DISTRACT Alan White Planning Director City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80215-6713 4198 XENON STREET WHEAT RIDGE, COLORADO 80033 CITY OF Wh- iT RIDGE PHONE: 424-2346 FAX: 424-4066 n ~ 0 n r' !i /1 '~B 2 51998 PLANNING & DEVELOPMENT Re: Service Plan for the proposed Prospect Recreation and Park District Dear Mr. White: The Prospect Recreation District Board, staff, and citizen volunteers have prepared a Service Plan for the improved future operation of this recreation district. This plan was filed with the Board of County Commissioners on January 16, 1998 to begin the formal assessment process leading to its eventual submittal to a vote of district residents. Because of the past and present working relationship Prospect Recreation District has with the surrounding cities and districts, we are soliciting your input and understanding in this review process. We are providing this plan to you for your convenience. We are requesting that you read it and share it with anyone who might have an interest in what it contains. Once you have done this, if you have suggestions and comments, we are requesting that you give them to us in writing. A hearing before the Planning and Zoning Commission has been set for March 18, 1998. If you could please return your comments directly to the Jefferson County Planning and Zoning Department, c/o Kris Hiemstra, 100 Jefferson County Parkway, #3550, Golden Colorado, 80419. Comments received prior to March 13, 1998 will be highly appreciated. Your constructive comments will be helpful in educating the public as to how this plan fits in relation to the surrounding departments and districts in Jefferson County. The Prospect Recreation District Board and Staff, and Citizen Volunteers are committed to working with all Government Agencies to provide the highest level of public service and cooperation possible. We know this is a priority of our neighbors also because we have experienced it every time we set out to accomplish a goal that extends beyond jurisdictional boundaries. Thank you for your time and assistance on this matter. If you have any questions please feel free to call us at (303) 424-2346 or Kris at the Planning Department (303) 271-8724. Much of this plan can be reviewed at our web site http://co.jefferson.co.usidpt/prospect/prospect.htm. Sincerely, Chuck Reno District Manager cc: Gary Wardle February 25, 1998 LEGEND s SET NO. 5 REBAR WITH RED PLASTIC CAP, P.L.S. 22094 o FOUND MONUMENT AS NOTED •6 WITNESS CORNER ~'_FOUND NI/4 SEC. 19 ur AS PER JEFFERSON p ' COUNTY MONUMENT m RECORDS m d O',n o N 0 m FOUND C1/4 SEC. 19 AS PER JEFFERSON COUNTY MONUMENT RECORDS Qln1(n~IC~Q DON PdQ!' o G°,QG°~C~CL 51 IN SEC. 19 AND 20, 8 9 S, R 60 W ®F'P31ESp11 PRINCIPAL MERIDIAN COUNTY OF .IEFFEROON, 3TA7E OF COLORADO N89'15'48"E N89'39'19"E Qn 2648.61' 4 2646.55" 3 ` FOUND NE1/4 SEC. 19 FOUND NW SEC. 20 w AS PER JEFFERSON AS PER JEFFERSON ~,rv aml< COUNTY MONUMENT COUNTY MONUMENT b 4 RECORDS RECORDS o w a 0 IN O ry O N z m R=1472.50' EXISTING CITY OF L=334 y WHEAT RIDGE N Tan=167.77 BOUNDARY > Delta=13'00'00" m O O_ O of 589'43'20"E 530.94' ~o 177, 5894320E 531.46' (5382')1 on AVENUE zo 0 BO' wAi60TK 'L=31595 SEWER EASEMENT RED. NO. K=`JYJ Ir,i~ v ~C L-10].62' 62' Tan 538fi' -'off Delta 06'11'50 114572 PROPOSED CITY OF WHEAT RIDGE S89'20'26"W BOUNDARY 25' RAILROAD _ Mxo o^°r 2649.88' EASEMENT RED NO, F0036343 PARCEL 2 EGRESS EASEMENT BOOK 2682. PAGE 571 3g - m mN 0 0 0 z, 0 0 0 15' UTILITY EASEMENT REC. NO. 79023670 58711 NJ6'~6'50 200.1 (19973') :n rv m o a O m om N FOUND Si /4 SEC. 19 AS PER JEFFERSON COUNTY MONUMENT / RECORDS Tan=158.66' 91035213 Delta=13'00'00" 30' TEMPORARY & q1 PARCEL 1 CONSTRUCTION EASEMENT p REC. NO, 91035213 ry`Vyp ~y aryl POINT OF / BEGINNING P0~ / 771.24' N89'23'23"E FOUND 4.64 FEET SOUTH J OF WITNESS CORNER 3-1/4" BRASS CAP IN RANGE BOX PROPERLY STAMPED AND MARKED "W.C. CITY OF WHEAT RIDGE L.S. 13212" _ S86-15'28"E 2634.14'-- L~ 589'2323'W (589'23'29"W) 2639.54 fj \ 97124' (971.10') 589°23'23"W ASSUMED BASIS OF BEARING laM FOUND E7/4 SEC. 19, ieN W1/4 SEC. 20 FOUND C-W 1/16 SEC. 20 NO. 5 REBAR WITH NO. 5 REBAR WITH NN ALUMINUM CAP, ALUMINUM CAP, P.L.S. ° P.L.S. 13212 13212 o 3 n 0 m GRAPHIC SCALE FEEL)FOUND SE1,14 SEC. 19 AS PER JEFFERSON COUNTY MONUMENT RECORDS LEGAL DESCRIPTION - PARCEL I A PARCEL OF LAND IN SECTIONS 19 AND 2E.. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF jEFYERSCF. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS OL,.OWS- 8 NDbNG AT A POINT FROM WHENCE THE EAST OUARTER CORNER OF SAID SECTION 19 BEARS S8923'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE WuTHERLY R. ur WAY OF WEST 44TH AVENUE; THENCE. ALONG SAID RIGHT OF AAf. N77'16 40"T A DISTANCE OF 1347.60 FEET; THENCE, DEPARTNG =56v SAID RIGHT OF WAY, N12'43 20'W A DSTANCE OF 80.00 FEET TC THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CUR JE TO L.[. n RIGHT WHICH HAS A DELTA OF 13'00"00". A RADWS OF 147250 FEET A A CHORD BEARING OF N83'4640E, THENCE, ALONG THE ARC 3F SA D CURVE A DISTANCE OF 334.10 FEET; THENCE, S89'4320E A E .,.E OF 530.94 FEET; THENCE, DEPARTING FROM SAID R]GnT Ci AA! S00'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'2029 "W - DISTANCE OF 33.20 FEET; THENCE, 3 2 'u-4 A ~~SIAN_E OF _ 1 E- FEET TO A POINT ON THE EAST-WEST CENTER SEC I LI. F SECTION 20; THENCE, ALONG SAID EAST N< CENTER SECT ,O, t S89'23 23"W A DISTANCE OF 771.24 FEET IC P T BE'- CONTAINING 983.105.52 SQUARE FEET OR 2.07 A„ 5 MORE 3 _E9 NOTES 1. NOTICE a ~ ACCORDING TO COLORADO LAW, TOu M,U T CG'.+ME'. Li A 'r L. E-, A -,GII m P, BASED UPON ANY DEFECT IN THIS SUR Y Al Trnh HREE Y 'RS -TER YOU FIRST DISCOVER SUCH DEFECT, C 1 EVENI I AY Nl AC BASED UPON ANY DEFECT IN THIS SVK.EY BE CGJIXEI._I7D IADRE AN Z~ S I+ TEN YEARS FROM THE DATE OF THE CER➢TICATION SHOWN nEREG.. U7 G i. 2. MONUMENT DEFACING STATEMENT ANY PERSON WHO KNOWINGLY REMOVES. ALTERS R DEFACES PUBLIC LAND SURVEY MONUMENT OR LAND ELk, RY MONUMENT ACCESSORY COMMITS A CLASS TWO (2) MSG MI N R PUrt O nT -L DI " STATE STATUTE 18-4-508, C.R.S. W1 z L ( 3. THIS SURVEY DOES NOT CGNSIIT C. - - ~ MOUNTAIN SURVEYING TO DETERMINE 1 RS w 'C n t TS F RECORD FOR ALL INFORMATION REG PUP-HT-.r-nA. Z o- . OR TITLE OF RECORD, , CLEAR MOONIN S __:c., .,PG'. S uFFL.E. o. __E..' RECORDED PLAT AND INFORMATION ~I v 4. P.L.S. SEAL, DEPICTED• HEREON. A,2 .,1_1 A,,. .-,..r.- - DATE WRITTEN THROUGH IT. lv 3 U 5. PERIMETER DATA MAX. PERIMETER FOR PARCEL t PARCEL 1 PERIMETER SUGULO MAX. PERIMETER FOR PARCEL 2 = 0". ,.L2 PARCEL 2 PERIMETER 63 b ' 99 [iE" Irgm . MAR 0 e L99B ASSUMED BASIS OF BEARING THE ASSUMED BASIS OF BEARVM OF -9'23 3 _ FOUND NO. 5 REGARD WITH ALOWNW+ . r,,,?, THE EAST QUARTER CORNER OF SECTON 19 A - r CLN?ER G CORNER OF SECTION 20, TOWNSHIP 3 S - c J - 6TH PRINCIPAL MERIDIAN, AND ?HE 6,41%, 5EAE9. ocM. _A. i HEREON. v CERTIFICATION - I, LARRY F. FISHER, A REGISTERED THE STATE OF COLORADO, DO HEREBI - - - HEREON DESCRIBED WAS SURVEYED UNDER Ir. - ER, THAT THIS PLAT IS A TRUE REPRE SE+ T '.a CERTIFY THAT THIS PLAT'S IN COI RBI C_ 11 ~L OF THE COLORADO REVISED ST-TUTEE DATED THIS DAY OF LARRY F. FISH S. FILING CERTIFICATE v Vf . DEPOSITED THIS DAY OF AT hl. IN BOOK LAND SURVEY/RIGHT-OF-WAY SURVEIS T PAGE RE t. NO COUNTY SURVEYOR DE__PU_TY COU _-NTY - SURVEYOR I 9d BY EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, N72'10'27"W A DISTANCE OF 1093.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE; THENCE, ALONG SAID RIGHT OF WAY, N77°16'40"E A DISTANCE OF 1347.60 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80.00 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13'00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83°46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET; THENCE, S89°43'20"E A DISTANCE OF 530.94 FEET; THENCE, DEPARTING FROM SAID RIGHT OF WAY, S00'05'46"E A DISTANCE OF 199.94 FEET; THENCE, S64'20'29"W A DISTANCE OF 33.20 FEET; THENCE, S31'24'20"W A DISTANCE OF 609.82 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, S89'23'23"W A DISTANCE OF 771.24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,105.52 SQUARE FEET OR 22.57 ACRES, MORE OR LESS. I, LARRY F. FISHER, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE LEGAL DESCRIPTION, HEREIN, IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE AND BELIEF. P.O. BOX 154, MORRISON, COLORADO 80465 PHONE (303) 271-0071 FAX (303) 271-9073 PROFESSIONAL LAND SURVEYORS AND CONSULTING CIVIL ENGINEERS EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200.00 FEET; THENCE, S89'23'23"W A DISTANCE OF 200.00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, S00'22'26"W A DISTANCE OF 275.38 FEET, THENCE, S87'15'49"W A DISTANCE OF 2456.00 FEET; THENCE, N76'06'56" A DISTANCE OF 200.16 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19; THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, N00'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50", A RADIUS OF 995.00 FEET AND A CHORD BEARING OF N80'22'35"E; THENCE, ALONG SAID ARC A DISTANCE OF 107.62 FEET; THENCE, N77'16'40"E A DISTANCE OF 1745.72 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY; THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A DISTANCE OF 1093.17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING, CONTAINING 1,307,506.54 SQUARE FEET OR 30.02 ACRES, MORE OR LESS. I, LARRY F. FISHER, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE LEGAL DESCRIPTION, HEREIN, IS TRUE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE AND BELIEF. P.O. BOX 154, MORRISON, COLORADO 80465 PHONE (303) 271-9071 FAX (303) 271-9073 PROFESSIONAL LAND SURVEYORS AND CONSULTING CIVIL ENGINEERS ( n Lt~~ CITY COUNCIL STUDY SESSION MINUTES WHEq T CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building U t FEBRUARY 9. 1998 STUDY SESSION meeting was called to order by Mayor Cerveny at 8:45 p.m. Council COL OR ADO members present: Jerry DiTUllio, Don Eafanti, Claudia Worth, Lloyd Donnelly, Janelle Shaver, Ralph Mancinelli, Ken Siler and Teri Dalbec. Also present: City Clerk, Wanda Sang; City Manager, Robert Middaugh; City Treasurer, Ron Patera; City Attorney, Gerald Dahl; Director of Planning, Alan White; staff; and interested citizens. Item 1. Annexation West of Wheat Ridge Mr. Middaugh opened the discussion and introduced Alan White, Director of Planning, who presented preliminary details on this project. Mr. Hartley, Owner and Developer, was present and outlined the proposed plan for the property. Discussion with Council followed. Flora Andrews, 4790 Easley Road, President of Fairmont Improvement Association, spoke regarding Fairmont's concerns on the development. Consensus 8-0 that Tom Hartley be encouraged to submit a petition for. annexation to the City of Wheat.Ridge for purposes of developing and establishing a Light Industrial Park. Consensus 6-2 to support, and take a stand at the County, by helping to help protect the rural character of the people to the west of Wheat Ridge if they do not want to incorporate. Item 2. Computer Fund discussion. Consensus 8-0 to postpone the Computer Fund discussion until March 3, 1998. Meeting adjourned at 11:30 p.m. Wanda Sang, City C1 CITY OF WHEAT RIDGE MEMORANDUM TO: FROM: SUBJ: DATE: Mayor and City Council Robert C. Middaugh, City Manager ANNEXATION OF PROPERTY ON THE WESTERN BOUNDARY OF THE CITY OF WHEAT RIDGE February 4, 1998 A development project on our western boundary was referred to the City for comment by Jefferson County. The 50 acre parcel of property that is bounded by I-70 on the east, Colorado 58 on the south, Eldridge Street on the west, and 44th Avenue on the north, has been submitted for development consideration by the owner, Tom Hartley, to Jefferson County. Mr. Hartley has proposed to the County that he be allowed to develop a planned industrial development consisting primarily of light industrial uses, some distribution, and perhaps light manufacturing. The development proposed by Mr. Hartley has been described to the city as a quality project that would have standards for landscaping, building appearance, and screening of any storage that would be developed as part of specific businesses. While there was a question at one point of this property being used for open space, that seems to be past consideration in that Mr. Hartley as the owner, has specific development plans, and has received affirmative responses from Jefferson County as to his ability to complete his project. My staff and I had the opportunity to meet with Mr. Hartley on Wednesday, February 4, to discuss his development plans and whether or not he would be receptive to an annexation of his parcel of property to the City of Wheat Ridge. Mr. Hartley indicated that if the City felt that his project could be completed as part of the City of Wheat Ridge, he would have no objection to the annexation.'' As part of Mr. Hartley's development review process, he has had several neighborhood meetings with the Fairmount Neighborhood Assn. and residents. The message he has received from the Fairmount residents has been fairly consistent and direct that they support the use in question, and would voice their support to the Jefferson County Commissioners at the time of their consideration. The Fairmount residents were equally adamant that they would be opposed to the project if there was an attempt to do the exact same project within the confines of the City of Wheat Ridge. The Fairmount residents offered no valid reason for opposing the project in its same form other than they feared the expansion of Wheat Ridge and ultimately the takeover of their's or other adjoining areas as a result of this potential annexation. The question of whether or not this parcel will develop and how it will develop seems not to be an issue at this point. The property owner is prepared to build a light industrial park which is supported by area residents and most likely by Jefferson County. The City of Wheat Ridge will be faced with the light industrial park and any potential impacts regardless of whether or not that development is within our corporate boundaries. The question that the city of Wheat Ridge needs to consider is should the parcel be annexed to the City of Wheat Ridge so that the tax advantage can be captured and also our control and development standards imposed on the project rather than the County's. In that the project is very likely to be approved and developed regardless of whether the City annexes it, it seems only to be in the City's best interest to have the project developed within our boundaries as a result of an annexation. By annexing the property, the same use as proposed in the County would be developed, however the project would be developed under our standards and future control rather than the County's. The City would also benefit from the building permits, use tax, and any future sales, use and property tax that would be derived from the property in question. Given that the property owner is interested in developing a quality project, there seems to be no adverse impact to the City of Wheat Ridge. The parcel in question has a clear connection to our community and its traffic and business orientation will be to the City of Wheat Ridge. Given the extremely unique topographic nature of the parcel in question, its annexation to our community is both beneficial and without any significant impacts. It is recommended that the members of the City Council provide an affirmative response to the developer's inquiry regarding annexation and thereby encourage that the developer submit a petition for annexation to the City of Wheat Ridge and develop within our corporate boundaries as opposed to in Jefferson County. Respectfully submitted, Lam' Robert C. Middaugh City Manager A2.92 i dlvvl~ C617 6., IJFZ 1- (2& S-C-) Tom Hartley 2 c2 Meadow Properties, Inc. ~3014'v~~7~Gz u>'4 Cl Lxoc v' Co.eOwl FCaof3@3}ggy3gqp CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING),,,,,,, FOR /1~~a E 7a~ J 44 ELDRIDGE, LLC IS PROPOSING A REZONING FROM Mine Reclamation TO P.D. I-3 ON PROPERTY LOCATED AT W 44th Ave from I-70 west to Eldridge & No of H;way Sft THE DATE AND TIME OF THE MEETING IS 4-7-98 h • (l0 P M THE LOCATION OF THIS MEETING IS City of Wheatridge 29th & Wadsworth THE PURPOSE FOR THIS PROPOSAL IS The City of Wheat Ridge has adopted a requirement that, prior to application fohresamng 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 Meeting. 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. 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 the 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 kinds of concerns residents normally have include the following: 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? How will 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 acceptable to me? 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 may 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. PRINT NAME ADDRESS PHONE MAR-31-98 TOE 09:05 AM PEAK NATL BANK FAX NO. 303 986 5494 P 02/03 `RECEPTION NO. F0375761 51.00 PG: 0001-004 - 744 - RECORDED IN JEFFEl ,N COUNTY, - s .~3r31 COLORADO 2/26/97 SPECIAL WARRANTY DEED VAI TIIIS DEED, Made this 1114 day of Fe braarq , lggq between Golden Properties, Ltd., a Colorado limited partnership of the County of Jefferson, State of Colorado, grantor(s) and 44 Eldridge, kW., a Colorado limited liability company, whore legal address is 12345 West Alameda parkway, #100, Lakewood, Colorado 80228 of the County of Jefferson, Stam of Colorado, grantee(s): WITNESSF,TH, That the grantor(s), for and in consideration of die sum of ONE MILLION THREE HUNDRED THOUSAND AND NO1100THS DOLLARS, the receipt mid sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey Bud confirm, unto die grantee(s), its successors heirs and assigns forever, all the real property, mgemcr with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: See Exhibit "A", attached hereto and made a part hereof, for legal desaipti ' .CL~aloj L`DCetmentaly Fee 00 also known by sumi and norther as: Vacant Land, West 4401 Avenue & I-70, Jefferson County, Colorado TOGETHER with all and singular the hereditaracon and appurtenances thereto belonging, or in anywise appertaining, and the inversion and reversions, remainder mid remainders, rows, issues and profits thereof; mid all the bu estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the ¢ b above bargained premises, with the herediramems and appurtenances; O TO HAVE AND TO HOLD the said promises above bargained and described with the appurtenances, unto the T, t grantee(s), its Summon heirs and assigns forever. And the grantor(s), for itself, its heirs and persees"presearatives er successors or assigns, does covenant and agree than it shall and will WARRANT AND FOREVER DEPEND the it1 above-bargained promises in the quiet and peaceable possession of the grawce(s), its summon heirs and assigns, o~ 0a1 against all and every person or persons claiming The whole or Bay pan (hereof, by, through or uadcr the grantor(s) rs.i subject to those items as contained on Exhibit "B" attached hereto and made a part hereof. IN WITNESS WHEREOF, the grannor(s) has executed ibis deed on the daze set forth above. e~ Golden Propertes, Ltd., a Colorado limited partnership BY: Golden Equities, Inc., a Colorado corporation, i,::STATE OF COLORADO I } as. County of ~1tT fQ(F.~t}1-\ J The foregoing instrument was acknowledged before me this IT I" day of FebYUCL9't y , 19 qq , by Esther A. Xottering as President of Golden Equities, inn., a Colorado corporation, genera ,'Vartner of Golden Properties, Ltd., a Colorado limited pamiership. expires: eJ[AA IUQ-Y`th fog IL~ No. Id. Rm6-92. COMPUTER SPECIAL WARRANTY DEED ~1L1~. C/Yln )'q Witness my hand and official seal. MAR-31-98 TUE 09:05 AM PEAK NATL BANK FAX NO. 303 986 5494 P. 03/03 RECEPTION NO. !$761 $7C 111B1T "A„ 1 TO that certain Special Warranty Deed dated February Il , 1997, by and between Golden Properties, Ltd., a Colorado limtied partnership, grantors, and 44 Eldridge, L.L.C., a Colorado limited liability company, grantee- A TRACT OF LAND LOCATED IN THE FAST 1/2 OF SECTION 19 AND IN THE WEST 1/2 OF SECTION 20, ALL IN TOWNSHIP 3 SOUTH,. RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 79, THENCE S00°08'41"E, 3S,28 FEET ALONG TILE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF W. 44TI1 AVENUE CONVEYED TO JEFFERSON COUNTY AS DESCRIBED IN WARRANTY USED RECORDED IN BOOK 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO, AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY,' 107.62 FEET ALONG INS SOUTHERLY RIGHT-OF-WAY LINE OF SAID W. 44Th AVENUE AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 995.00 FEET, A CENTRAL ANGLE OF 6°11'50" AND BEING SUBTENDED BY A CHORD THAT BEARS N80°22'35"E,107.57 FEET; THENCE N77°16'40"E, 3093,84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID W. 44TH AVENUE TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY, 315.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID W. 44TH AVENUE AND ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 1392.50 FEET, A CENTRAL ANGLE OF 13°00'00" AND BEING SUBTENDED BY A CHORD THAT BEARS N83°46'40"E, 315.27 FEET; THENCE S65-43'20"E, 530.82 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID W. 44771 AVENUE TO THE EAST LINE OF THE 51/2 OF THE NW1/4 OF SAID SECTION 20, THENCE SOO-05'46"E, 119,94 FEET ALONG THE EAST LINE OF THE S1/2 OF Tile NW1/4 OF SAID SECTION 20 TO THE MOST NORTHERLY CORNER OF TITAT TRACT OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN BOOK 1859 AT PAGE 72 OP THE RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE S64-20'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72; THENCE S31-24'20"W, 609.87 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 1859 AT PAGE 72 TO THE EAST-WEST CENTERLINE OF SAID SECTION 20; THENCE S89-23'29"W, 971.10 FEET ALONG THE EAST-WEST CENTERLINE, OF SAID SECTION 20 TO T14E W1/4 CORNER OF SAID SECTION 20; THENCE S 00°22'26"W, 275.3E FEET ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 20 TO THE NORTHEAST CORNER OF TnAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN BOOK 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO, THENCE S87-15.49"W, 2456.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS - DESCRIBED IN SAID BOOK 2177 AT PAGE 367; THENCE N76-06156"W, 199.73 FEET ALONG TIM NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED INSAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19; THENCE NDO-08'41"W, 278,94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 TO TIiG TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Page 1 of 1 t'- The City of -YY he at ADMINISTRATIVE PROCESS APPLICATION G Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant 44 ELDRIDGE, LLC Address12345 W. Alameda Pkwy Phone 969-8400 Lakewood, Colo. 80228 Owner 44 ELDRIDGE, LLC Address 12345 W. Alameda Pkwy Phone 969-8400 Lakewood, Colo. 8-22 8 Location of request W 44th Ave, between I-70 and, Eldridge & So. 44th Ave. Type of action requested (check one or more of the actions listed below which pertain to your request.) Eg Change of zone or zone conditions 8 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 Solid waste landfill/ See attached procedural guide mineral extraction permit for specific requirements. Other IvNmryc,~-vo Detailed Description of request Annexation - zone change, preliminary plat List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee., etc. NAME ADDRESS PHONE 44 ELDRIDGE, LLC 12345 W. Alameda Parkway #100 969-8400 Lakewood, Colo. 80228 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 ac on cannot lawfully be accomplished. Applicants other than owners su it er-of-attorney from the owner which approved of this actin n i b Signature of Applicant li Subscribed and sworn to me th' day o motch i91 , Notary Pub c SEAL My commission expires !S zoo/ I =MEN" Date Received F c Receipt No. Case No. L<7S' /B A5P 11/3/97 10/13/97 9/9/97 44TH INDUSTRIAL PARK V U G V / ODP - Development Regulations 1. TITLES AND NAMES a. Owner: 44a' Industrial Park, LLC c/o Tom Hartley 12345 West Alameda Lakewood, CO 80228 b. Name of Development 44th Industrial Park c. Consultant Team ADG Engineering, Inc. ° Ci ~/Z{N q 5~~ S 770 W. Hampden Avenue, Suite 250 Englewood, CO 80110 CRH Development Specialists 23Z -05`lb 3000 Youngfield Street, Suite 285 Lakewood, CO 80215 2. STATEMENT OF INTENT DEC 1 1997 a. 44"' Industrial Park is a 51+ acre tract of land in the Clear Creek Valley of Jefferson County. The intent of development of this parcel is to provide smaller light industrial/office lots for individual users for them to invest in their own lot for their own use in this semi rural area. 3. PERMITTED LAND USES a. Light Industrial uses as allowed under Standard Zone District I-3, as follows: 1) Light manufacturing, processing or fabrication of commodities. All such manufacturing, processing or fabrication shall be completely enclosed within a legally constructed building. 2) Wholesale sales, warehousing, including mini-warehouses or storage of any commodity with the following exceptions: (orig. 2-14-56; am. 11-15-65; am. 8-6-80) a) No live animals, commercial explosives or above ground bulk storage of flammable liquids or gases maybe included. (orig. 2-14-56; am. 11-15-65) b) Sales, warehousing, storage, collection or accumulation of junk, including machinery or vehicles not in operating condition, may be permitted only if contained within a building. (orig. 2-14-56; am. 11-15-65; am. 9-11-90) 3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. (orig. 2-14-56; am. 11-15-65) 4) Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. (orig. 2-14-56; am. 11-15-65) 5) Repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which is permitted. (orig. 2-14-56) 6) Veterinary hospital. (orig. 2-14-56; am. 4-7-69) 7) Railroad facilities, but not including shops. (orig. 2-14-56) 8) Motor vehicle service stations, gasoline filling stations and car wash. (orig. 2-14-56; am. 8-6-80) 9) Oil and gas drilling and production, subject to Section 4 of this Zoning Resolution. (orig. 10-17-83) 10) All office uses, except banks and other financial institutions. (orig. 6-14-88) 11) Laboratory. (orig. 9-11-90) 12) Research and development facility. (orig. 9-11-90) 13) Recycling transfer station, Type I, when completely enclosed within a building. Exception: a recycling transfer station that is not enclosed within a building is permitted when: (orig. 9-11-90) a) The area utilized by containers is less than 200 square feet in size. (orig. 9-11-90) b) The facility accepts only recyclable glassware, metal cans, newspaper, small plastic containers, paper, cardboard. (orig. 9-11-90) c) The facility utilizes containers which screen the materials from weather and public view. (orig. 9-11-90) d) The height of any structure does not exceed 14 feet. (orig. 9-11-90) /a~ Z USES J /A ~e J U~~ ~c,.x 14) Micro-cell or repeater telecommunications facility. (orig. 6-7-94) 15) Roof and/or building mounted or freestanding with monopole low power telecommunications facility. (orig. 6-7-94) 16) Other similar industrial uses which are not more detrimental to the highest and best use of land in this district than the permitted uses listed above. (orig. 8-6-80) 4. LOT AND BUILDING STANDARDS a. Height limitation. 1) Maximum building height for light industrial buildings- 46 feet. Maximum height for offices uses is 60 feet. ThC e VvYvice w ; Lk /-Q-, b. Development standards. 1) Percent of lot coverage: 4,6cc-- 4ax' im Buil~coo r~ge b) Maximum Parking an d/or or age coverage c) Minimum 4a per lot d) Maximum gross oor area per lot or .45 floor area ratio (FAR) 2) Minimum distance between structures: 3) Minimum setbacks: a) Buildings: 1460/_O~ 45% 10% 45% 40 feet (1) The minimum front setback for any building or structure shall be 30 feet. (2) Corner lots must comply with the vision clearance requirements outlined in the "General Requirements" portion of the Jefferson County Zoning Resolution. (3) The minimum side setback for any building or structure shall be 10 feet. (4) The minimum setback for any building or structure adjacent to a street or highway shall be 30 feet. (5) The minimum rear setback for any building or structure interior to the site is 10 feet. b) Parking lots: (1) The minimum front setback for any parking lot shall be 15 feet. (2) Corner lots must comply with the vision clearance requirements outlined in the "General Requirements" portion of the Jefferson County Zoning Resolution. (3) The minimum side setback for any parking lot shall be 10 feet. (4) The minimum setback for any parking lot adjacent to a street or highway shall be 20 feet. (5) The minimum rear setback for any parking lot interior to the site is 10 feet. 5. SIGNS a. Project Identification Signs: 1) Two project identification monument signs shall be allowed and shall be located on either side of the project entry off 44`s Avenue and shall not impair the current vision clearance requirements of the current Jefferson County zoning ordinance. 2) Maximum height of project identification signs shall be 8' and maximum sign face shall be 60 square feet. 3) Project identification signs can be integral with entry fence or wall, whichever may be i used. 4) Signs and materials shall be of natural wood or masonry materials and shall be of earth tones to blend with the local visual environment. 5) Entry signage and monumentation shall be allowed to be lighted by either ground mounted lighting or interior none glare lighting. b. Directional Signage: 1) Internal directional signs for traffic flow and security shall be allowed, and not exceed a six foot height or six square feet in size. c. Facade Signs: 1) Facade building identification shall be allowed for interior buildings at the maximums shown in the Jefferson County Zoning Resolution, Section 9, Page 10, Paragraph d., e., f., and g. i 2) Facade signs shall be allowed at a maximum of 1 square foot of sign for each 3 lineal foot of building to a maximum of 45 square feet of sign face. If signs are to be illuminated it shall be only from a concealed source. d. Temporary Signs: 1) Maximum number per total project 2 2) Maximum faces 2 3) Maximum setbacks from street R.O.W. within landscape buffer 5 feet 4) Maximum height 6 feet 5) Maximum face area 16 sq. ft. e. General: 1) No sign shall rotate or have moving pieces. No blinking or flashing lights are permitted for any sign. 2) Where lighting is permitted, illumination shall be from a concealed light source only. 3) Permits shall be required prior to the construction of any signs. 6. RETAINING WALLS AND FENCES a. All retaining walls over 36 inch height must be engineered, and proper permits will be required for each wall. b. Fences shall not exceed 6 feet in height. c. Fences will be wood, brick, block or stucco, or chain link with natural or earth tone slats. d. Permits shall be required prior to construction of any fences over 42 inch height. e. Highway 58 perimeter will be a solid scree fence selected from above listed materials (b). f. No fence over 42 inch in height and no chain link fence shall be permitted within the required front setback. g. No barbed wire fences shall be permitted except for the 45° slanted 3 or 4 strand barb security top to 6' high fence. Perimeter fence to Highway 58 shall be a solid wood fence 6 feet to 8 feet tall with 45° slanted 3 or 4 strand barb security top. 7. LIGHTING a. Maximum height of building mounted or pole lights shall not exceed 20 feet. b. Walkway lights will be ballard type not to exceed 3 feet in height. 5 c. Lights will be downward directed and not cast glare on adjacent properties or rights-of- way. 8. PARKING a. Off street parking requirements will adhere to the following standards. 1) Office space, veterinary hospital and other similar uses: 3.1 spaces per 1,000 square feet GFA. 2) Retail or wholesale areas, gas station, service station, motor vehicle repair facilities and similar uses: 5.0 spaces per 1,000 square feet GFA. 3) Warehouses, mini-warehouses, storage facilities and similar uses: 1 space per each employee, and 1 space per 2,000 square feet GFA. 4) Manufacturing, processing or fabrication facilities: 1 space per each 2 employees of maximum employment in a single shift. 5) Medical and dental offices and clinics; 5.0 spaces per 1,000 square feet GFA. 6) Off street loading space: Off street loading spaces shall be provided on each site based upon individual needs of users for each site, their site plans and building plans. Each such loading space shall not be less than 35 feet in length, 12 feet in width and 15 feet in height. 9. TRASH AND OUTDOOR STORAGE a. Trash dumpsters will be enclosed and screened from public view. b. Outdoor storage areas are prohibited within the required front setback. c. No outdoor storage shall occur adjacent to Highway 58 or that portion of Use Area 1 directly adjacent to West 4e Avenue unless screened by a solid opaque fencing at least 6 feet high which screens said storage from public view. d. Outdoor storage shall be allowed on all other lots as per criteria listed on Page 4, Section 38, Item 6, Paragraph g. (Fences and Retaining Walls) of the existing Jefferson County I-3 Zone District. 10. GENERAL REQUIREMENTS a. All mechanical equipment will be ground or roof mounted and screened by landscaping, low fencing, or architectural parapet. b. A temporary construction trailer and sales trailer for lease office shall be allowed during building construction, and shall be removed within 30 days after the granting of the Certificate of Occupancy for all sites. c. Other issues not specifically addressed herein shall comply with those standards in the Jefferson County Zoning Resolution as established in the I-3 Zone District. 11. ARCHITECTURAL TREATMENT - BUILDING FRONTS a. The architecture will be of wood, wood beams, and masonry (stone) , metal, tiltup concrete and stucco with the building design to blend architecturally with the local general and visual environment. Colors and textures will be natural and earth tones which will blend with the general surrounding visual conditions. 12. LOT ACCESS a. Vehicular access to all lots will be from internal streets. 13. OPEN SPACE AND LANDSCAPING a. The minimum percentage of landscaped area per lot shall be 5%, but not less than 50% of this 5% landscaped area shall occur in the front setback area to building. b. ~AQquNpd lan'lscapinp~vill b(3-knt yaT<o ly. Additional on lot landscaping may occur at owner's choice. c. The following minimum sizes apply wherever landscaping is required: Deciduous shade trees - Evergreen trees - Ornamental trees - Shrubs - 21/2" caliper 6' height 11/2" caliper 5 gallon container d. Up to 50% of the required plant material may be reduced in size if plant quantity is increased by 50%. e. Maximum amount of high water consumption sod (i.e. Bluegrass) shall be 50% of landscaped area. f. Two ornamental trees may be substituted for 1 deciduous shade tree, as required. g. The ratio of coniferous trees shall be 60%. h. All turf shall be a blend of grasses native to this area. 7 i. The landscaping materials shall consist of native plant materials indigenous to the area, and native turf grasses. j. Any and all disturbed areas shall be revegetated with either native seed, or a blend of native grasses indigenous to this area or a variety of designed mulch options such as bark chip, rock or ground cover plant material; such mulch area shall not exceed 20% of the surface area involved. k. Any one of the following techniques may be used to landscape areas adjacent to 44th Avenue, (for only the length of development where lots are adjacent to 44th Avenue - the entry west to Reno Ditch) and interior street and parking areas on individual lots: 1) Within a minimum strip of/f,er/r.6 10 feet, provide for the planting of shrubs at a spacing of 5' on center with a minimum of 1 evergreen tree every 20 feet of length of landscaping. 2) Within a minimum of 15 foot wide strip provide a minimum 2 foot high earth berm with a minimum of 1 evergreen tree planted every 20 feet. No more than 20% of the surface shall be exposed gravel or mulch. 3) Within a minimum width of~f~t# 10 feet provide a 3 foot to 6 foot high opaque fence or wall. A minimum o 1 tree must be planted every 20 feet. No more than 20% of the ground surface area shall be exposed gravel or mulch. 1. Designated native or natural open space (use area 3) shall for the most part remain untouched. Any disturbed areas shall be reclaimed by the planting of native grasses suited for this area. This area is bounded by 40 Avenue southerly to the alignment of the Reno Ditch. m. Landscaped areas other than stated above shall contain 2 trees and 8 shrubs per each 50 lineal feet or 1,000 square feet of said landscaped area. n. Landscape and Grounds Maintenance: The owner of a property, his successors, heirs or assigns shall be responsible for the proper maintenance of all landscaped areas, subject to an approved landscape plant. Such areas shall be deemed to include the subject property and that portion of any adjacent public street right-of-way, from the property line to the back of the adjacent curb. o. Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement of dead or diseased plant material shall be of the same or similar type as set forth above. Substitutions with other types of plant material may be made only with County approval. Replacement shall occur within one growing season. IZ? p. Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads and pavements shall be kept true to line and grade and in good repair. Drainage ditches shall be kept clean and free of any obstacles. 3e, CCe' *6& /TOV-t_ ~a D DO. 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ADG ENGINE- ----~INQ, INC. w~.e OCTOBER 15, 19' m 1007 x OWNER: N013TH SEPTEMBER 8, 1 44t 44th ELDRIDGE, LLC CRH nr•:vrcornr SPECIAL] t- 4 /II~ % TOM HARTLEY o too 200 <oo boo ' 3000 You;vcriLLD sT SUITE zas 123 12345 WEST ALAMEDAPARKWAY SCALE ~ OO LAKEWOOD, COLO. 809 JLAI LAKEWOOD, CO 80228, 3 oa-z3 2-8 598 r' ~ ~,~......--w y } ~y ASPN .~~~iiAt_T 5 C & G . 28 & GUTTER CAdP. . C irZttUvATEO A1;~ T+~L °ir E NE COR. WI f 2 CONC C~atiCRETE • • t 49 NWt/4 SEC. 20 EA . E~JGE OF ASPHALT -f / (COAAPUTE:D POSITION„ MDT EB . E. ~:CTRIC flOX ~ SET QR FOUND) t M F ~ CTRfC METER V. _ _ _ _ o - _ _ wHq°7h'i4 E 1313,18' FH . Fik~E HYDRANF ~ , ss ~e 3 FL F'~,C)wUNE G-MRK ~~':;~E:RGROUND GAS LINE '~ti'ARA~ING ~i[~ ~~~L~ ta~v e t i i i GW .G;ir WIRE Mvl' . Mi3Mi i0f~ YVELI_ 3 ~'VC. F'(i.YvINY( f;HLORIDE n s , t r~CP. . ~N~ORCFO COfvCRETE ~'~~C 4 9 SL .Ra~lROAD S{GNA~ LIGHT TB . 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PAGE 57i 3 ~ 1 , i ~ ~ PROPOSED a a~o ill t~ RAILROAD EASEMENT NOO Ol9 N'~Y ~ V~ ~ ~ ~ ` a L=l63 42, r~ ~ /3.75` M 4`0~~-''~^-d=09 %B i9' I M {n ~ t ' ~,1~ a~i aaso ;3s pw ~ ~~<,v,~ ~4~~43~b ~ ~r ro~ ~ ` ~ ~ I -,'n, Asa. zs' 'i SB3 °?C12B "W 4 ~ I ~ 1 ~ ti , /0. A?' i ' t ~ Bi1RLJNGTON NORTHERN 12Aft~QAD ~ F ~ ~ ~ A A. A,~~rt b~~F~~A INS~R N~~ ~~M N S89 20?8"K' o ~ ~ ~OFE f:NCROAC:titAENTl - ~ ~ ;R~V` i~'1~N IT TNiS IS ~4 ~~~i~`Y SHAT I ~IAP Q~ #'LA~` ~Pv~ ~i~ .~U , ~ ~ SOT °29 55 E` 3 { ~ I ~~,k_~ ~A~.C?~ ~ ~ ~~'v A~R~~NCE ~i~~M~,ly~ ~ A~v~AR~ DE A:#~ ' 62.22" U~R~~N~'S ~(~R ~l.~A AC~►~ LAND ~1T CURVY ~~ih#T'~Y ~SfiA~~~~~~ ,'f ~ ~ ~ ANA ACR~U A~~~i ~2, A~~~ 1F~~.1_t~€~~ #T~~S e, d PY 746'00 '56 i t 50.08 QT!'tEH IMPK(J&ME.t*1`J 51111AftU UN JAIU YFStMiJtJ' It'IAi t7Cl.tC! H3 Jt'tll'oYiV, UPO THERE ARE NO EAS."Mi_NTS OR RIGHTS-OF-WAY OF RECORD, VISIBLE OR Q~E OTHERWISE KNOWN, 4-0 ME ON, ACROSS, OR' AFFECTING SAID PREMISES: AND MEN THAT EXCEPT AS SF{04t't+l, THERE ARE NO ENCROACF;(VENTS ON AOJOfNING UPON ANY DEFECT I THIS SURVEY WITK~~ THREE. YEARS AFTER YOU FRET DISCC'V C JO 9 ~a 4 a 0-T CAP MARK"kJ. DEFECT. I NO EVENT, MAY ACTION BASEL) UPON ANY DEFEAT !N T~-ilS SURVEY 13E ~ ()v... . ME:NCED MORE THAN TEN YEARS FROM THE DATE F THE. CE,RT'hCA.TION SHOW HEREON. x ~ 507 r 7568' PREMISES, STREETS Q't A:_LEYS BY ANY OF ~0 t'STRUCTURES, .v DEPOSITED THIS DAY OF OR bTHER IMPROVEFtEPlTS, AND NO EN+CR E~SI~SD,.PREMISES BY CD ELECTRIC TRANSMiSSION NIKE R041--OF- WAY NO ADTH SWAYED , P`LS 2352-9'; i99 AT O' CLOCK M. IN BOOK BUILDINGS, STRUCTI!PES, OR OTHER IMP AT£tADJOINING u r'~ .=~UN7Y ~,URvEYOR'S LAND SURVEY PLATS/RIGHT-0F-WRY PREMISES. rexel Barrell 'Engineers/Surveyors Incorporated I.O BOOK 706, PAGE 2446 JRVFY` %T PAGE RECEPTION NO. ~ D A_ ~JCCL-t- - wau UGH r ~ e UETAI JEFFERSON COUNTY SURVEYOR COI-Q REGISTERED Pf2~F.~$StONAL LANYOR MO `~i~ v4rerees°~~•• ReF3io w Ile- wo' 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 MEMORANDUM To: Mr. Tom Hartley Mr. Tom Duffy 1,.e City of go Wheat GRidge Subject : 44`h Industrial Park (generally north of S.H. 58, south of 44" Avenue and west of I-70) From: Martin OuneV, City of Wheat Ridge Economic Development Coordinator Date: January 21, 1997 I am forwarding this informal memorandum to confirm the City's interest in your above referenced light industrial development project. It is our understanding that you are currently in the development review process with Jefferson County with hearing dates of February 4 (Planning Commission) and February 17, 1998 (Board of County Commissioners). The City believes that the anticipated uses of your light industrial project, combined with the project location, would be a logical and reasonable annexation to the City. I have spoken with Robert Middaugh, City Manager, and our new Director of Planning and Development, Alan White regarding this issue, with all in agreement that your project and associated properties would be desirable annexation goals. I will telephone your offices on Friday, January 23, with the intent of scheduling a meeting with you and our City management. cc: Robert Middaugh Alan White via fax (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949