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HomeMy WebLinkAboutANX-98-04ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this day of , 1999, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Kaiser Permanente or their assigns (hereinafter referred to as the "Landowner"). 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, Kaiser Permanente 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, govem 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: Agreement Regarding Zoning. 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 32 acres more or less, shall be zoned Commercial One (C-1), in accordance with City of Wheat Ridge Zoning Regulations Section 26-22, with restrictions. Exhibit B attached to and incorporated herein, shall serve as the specific list of land uses permitted on and restricted from occurring on the property. B. The additional land use of Helicopter Landing and Departing specifically for medical emergencies and patient transport shall be recognized as an allowable and permitted land use. Section 2: Roadway Improvements. No roadway improvements shall be required relative solely to the annexation and zoning of the subject property. Section 3: 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 4: 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 5: 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 6: 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 and 5 hereof. B. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs 1 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 7: Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City Council. Section 8: 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 9: Entire Agreement. This Annexation Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal understandings which may have been reached between the parties prior to the execution hereof. Section 10: 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. CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation ATTEST: i C/"~' WANDA SANG, C Y By. Kaiser Permanente LANDOWNER Agent for Kaiser 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 1 `I day of '1999. SEAL: z" o NOTARY FfJBLIC My Commission Expires: Kevin J. Reiss, Notary Public State of Colorado My Commission Expires 8/24/2002 L% RETCHEN CER ENY, MAY R Ct\PLANNING\CASES\KAISERanxagr t,wpd EXHIBIT A Kaiser Property Beginning at the Southeast comer of the S.W. 1/4 of Section 17, Town the 6 ship 3 South, Range 69 West of w Principal Meridian. Said Southeast comer being the True Point of Beginning. Thence N 0° 18' 19" W along the-East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41'41 " W a distance of 929.83 feet. Thence S 01 ° 22'00" W a distance of 1,652.86 feet. Thence N 74' 34'48" E a distance of 960.63 feet. Thence N 0 ° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89° 44'48" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6' Principal Meridian. Thence N 0° 15' 12" .W, along the said East line of the N.W. 1/4 of Section 20, a distance of 463.01 feet to the True Point of Beginning , This parcel contains 1.432.534.23 sq. ft. or 32.836 acres The perimeter length is 4.977.06 feet EXHIBIT B KAISER ZONING The Zoning for the property described in Attachment 1 shall be Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, and requirements: I. Permitted Principal Uses: No building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. 86030380, as follows: 1. Medical offices. 2. Hospital. 3. Inpatient and outpatient care services. 4. Inpatient building support. 5. Ancillary care services. 6. Administrative services. 7. General services. B. Uses permitted as permitted principal uses under Section 26-22 (B), Commercial- One District (C-1) of the Wheat Ridge Code of Laws, except the following uses are prohibited: 1. Adult entertainment establishments. 2. Ambulance services. 3. Automobile and light duty truck sales and rental. 4. Automobile parts and supplies sales. 5. Auto service and repair and maintenance shops, including tire sales, muffler shops, fueling stations, detail shops, tune-up shops, engine repair, transmission repair, alignment services, car washes, upholstery shops, radiator repair shops, lubrication services, and sound system shops. 6. Boat, camper, and travel trailer sales, rental, and services. 7. Commercial machine shops. 8. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, libraries, parks, museums, aquariums and art galleries. 9. Churches. 10. Equipment rental agencies. 11. Golf courses.. 12. Greenhouses and wholesale nurseries. 13. Homes for the aged, nursing homes and congregate care homes. 14. Government or quasi-governmental buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not planned ' 15. Indoor and outdoor flea markets. 16. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 17. Liquor stores. 18. Lumber yards and building supply stores. 19. Mortuaries and crematoriums. 20. Motorcycle sales, service and repair. 21. Pawn shops. 22. Public and private schools. 23. Private clubs, social clubs, bingo parlors and similar uses. 24. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 25. Rooming and boarding houses. 26. Taverns, night clubs, lounges, private clubs and bars. 27. Tobacco shops. 28. Truck stops. 29. Veterinary Hospitals or clinics. II. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type II Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). III. Special Uses: Any use proposed for the property not specifically permitted under Section I above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B). Additionally, Section 5.10 of the City of Wheat Ridge City Charter, titled Action by Ordinance Required, and including specific procedures relative to legal protests, shall be in effect and applicable to the granting of Special Uses. IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. C:\PLANNINGXCASES\C.CVcinANXAGRATCH2.wpd Kaiser Zoning Page 2 WZ-98-16 11. Golf courses. 12. Greenhouses and wholesale nurseries. 13. Homes for the aged, nursing homes and congregate care homes. 14. Government or quasi-governmental buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not planned ' 15. Indoor and outdoor flea markets. 16. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 17. Liquor stores. 18. Lumber yards and building supply stores. 19. Mortuaries and crematoriums. 20. Motorcycle sales, service and repair. 21. Pawn shops. 22. Public and private schools. 23. Private clubs, social clubs, bingo parlors and similar uses. 24. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 25. Rooming and boarding houses. 26. Taverns, night clubs, lounges, private clubs and bars. 27. Tobacco shops. 28. Truck stops. 29. Veterinary Hospitals or clinics. II. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type II Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). III. Special Uses: Any use proposed for the property not specifically permitted under Section I above, but permitted in the Commercial-One zone district as a conditional use or special ` use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat y1.,J Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B).~~ Additionally, Section 5.10 of the City of Wheat Ridge City Charter, titled Action by ` Ordinance Required, and including specific procedures relative to legal protests, shall be 0 in effect and applicable to the granting of Special Uses. IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. C:\PLANNING\CASES\C.C\kisrANXAG RATCH2.wpd Kaiser Zoning Page 2 WZ-98-16 1. -_-_'courses. 12. Grnhouses and wholesale nurseries. 13. Homes for the aged, nursing homes and congregate care homes. 14. Government or quasi-governmental buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not planned 15. Indoor and outdoor flea markets. 16. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 17. Liquor stores. 18. Lumber yards and building supply stores. 19. Mortuaries and crematoriums. 20. Motorcycle sales, service and repair. 21. Pawn shops. 22. Public and private schools. 23. Private clubs, social clubs, bingo parlors 24. Recreational vehicle, camper and/or asso repair, or storage lots. 25. Rooming and boarding houses. 26. Taverns, night clubs, lounges, private ch 27. Tobacco shops. 28. Truck stops. 29. Veterinary Hospitals or clinics. II. Site Plan Requirement: All permitted uses shall be requ plan prior to issuance of a building permit. The site pla with Section 26-6(E)(2), Type II Site Plan, of the Whea plan shall be reviewed by the Planning Commission an( following the public notice requirements of Section 26- III. Special Uses: Any use proposed for the property not specifically permitted under Section I above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B). IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. CdPLANNING\CASMC.C4isrAN%AG RATCH2.wpd Kaiser Zoning - Page 2- _ - WZ-98-16 ~f S /_11 0IA4 G~ CHARTER § 5.10 (c) The city clerk shall make a tape recording and prepare the minutes of all executive sessions. Such recordings and minutes shall be closed to the public unless a majority of the council votes to make them available to the public. The mayor, any member of the council, or the city attorney may examine such tapes or minutes at any rea- sonable time under the direct supervision of the city clerk. The city clerk may also release such tapes and minutes pursuant to a valid court order in any action challenging the legitimacy of an executive session. (Ord. No. 1996-1038, § 1, 7-22-96) Sec. 5.8. Council acts. The council shall act only by ordinance, resolu- tion or motion. All legislative enactments of a permanent nature shall be by ordinance; all other actions, except as provided in this Charter, may be in the form of resolutions or motions. All ordinances and resolutions shall be confined to one (1) subject, except in the case of repealing ordinances. Ordinances making appropriations shall be confined to the subject of appropriation, but may include more than one (1) appropriation. Sec. 5.9. Voting. The vote by "yes" or "no" shall be taken upon the passage of all ordinances, resolutions, and motions and entered upon the minutes of the council proceedings. Every ordinance shall re- quire the affirmative vote of the majority of the entire council for final passage, except as pro- vided for zoning and rezoning ordinances in sec- tion 5.10, sale of real property in section 16.5 or elsewhere provided in this Charter. Resolutions and motions shall require the affirmative vote of a majority of the councilmembers present. No mem- ber of the council shall vote on any question in which he has a personal or financial interest, other than the common public interest, or on any question concerning his own conduct, and in said instances the member shall disclose this interest to the council. On all other questions each mem- ber who is present shall vote unless excused by the unanimous consent of the remaining mem- bers present. Any member refusing to vote, except when not so required by this paragraph, shall be guilty of misconduct in office. At the request of Supp. No. 18 any member of the council any vote shall be taken simultaneously in a manner prescribed by the council; provided, however, that the vote of each member shall be publicly announced immediately thereafter. Sec. 5.10. Action by ordinance required. In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance, every act amending or repealing any ordinance or section of an ordinance, making an appropriation, creating an indebtedness, au- thorizing borrowing of money, levying a tax, es- tablishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private prop- erty, shall be by ordinance; provided, however, that this section shall not apply to the budget adoption in section 10.9. Zoning and rezoning shall be governed by the statutes of the State of Colorado as now existing or hereafter amended or modified unless superseded by new procedures set forth in a duly adopted ordinance, except as follows: The council shall have the power to amend, supplement, change, or repeal the regulations, restrictions and boundaries of zoning districts within the city. Such changes shall be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the area: (1) Of the property included within the pro- posed change; or, (2) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or, 16.1 d U&/C ACCESS EASEMENT THIS ACCESS EASEMENT is made this _ day of 2001, by ALEXLS INVESTMENTS CORP., LEWIS SAMUEL LAZAROFF, TRUSTEE, and WINONA MARIE LAZAROFF, TRUSTEE, OF THE LEWIS SAMUEL LAZAROFF AND WINONA MARIE LAZAROFF LIVING TRUST AGREEMENT, and 3765 COMPANY (collectively "Grantors") to and for the benefit of KAISER FOUNDATION HEALTH PLAN OF COLORADO, a Colorado nonprofit corporation ("Kaiser"), whose address is 10350 East Dakota Ave., Denver, Colorado 80231, Attention: Facilities Department. 1. DEFINITIONS. 1.1 Parcel A. "Parcel A" shall mean the real property described on Exhibit A attached hereto, County of Jefferson, State of Colorado. 1.2 Parcel B. "Parcel B" shall mean the real property described on Exhibit B attached hereto, County of Jefferson, State of Colorado. 1.3 Parcel A Owner. "Parcel A Owner" shall mean the owner, or if more than one, all owners collectively, of fee simple title to Parcel A, from time to time, and its or their successors and assigns. Kaiser currently is the Parcel A Owner. 1.4 Parcel B Owner. "Parcel B Owner" shall mean the owner, or if more than one, all owners collectively, of fee simple title to Parcel B, from time to time, and its or their successors and assigns. Kaiser currently is the Parcel B Owner. 1.5 Easement Pronerty. "Easement Property" shall mean the real property subject to the easement which is more particularly described in Exhibit C attached hereto." 1.6 Access hnpmvements. The "Access Improvements" shall mean the grading, paving, curb, gutter and related improvements constructed on the Easement Property. 1.7 Owners. "Owners" shall mean, collectively, the persons or parties comprising each of the Parcel A Owner and the Parcel B Owner, and "Owner" shall mean, individually, any one of such persons or parties. 1.8 Designated Users. The "Designated Users" of an Owner shall mean any person or party, including, without limitation, the tenants, agents, licensees and invitees of such Owner, entering upon the Easement Property with the express or implied permission of such Owner for the purposes for which the Easement Property is intended to be used hereunder. 2. GRANT OF EASEMENT. Grantors, for each of them, and for each of their successors and assigns, hereby grants without warranty for the benefit of Parcel A and Parcel B an irrevocable, nonexclusive and perpetual easement over, across, under and through the Easement Property for access, ingress and egress to and from Parcel A and Parcel B to and from Ward Road and for the installation, maintenance and repair of the Access improvements together with the right to install and maintain in, over or under said Easement Property water, sewer, gas and electric transmission lines or other utilities necessary to service Parcel A and/or C:)wR4NrPmfi1ft\911m\Tempa=y hAemet Fi1m\OLK104\north=access agreement-v6 .doc March 1, 2001 - I - Parcel B. The provisions of this Access Easement are intended to and shall run with the land and shall bind, be charged upon, and inure to the mutual benefit of Parcel A, the Parcel A Owner, Parcel B and the Parcel B Owner, the Grantors and the real property adjacent to the Easement Property owned by any of the Grantors. The easement may be used by the Owners of Parcel A and Parcel B and the Designated Users of Parcel A and Parcel B. 3. USE. MAINTENANCE AND REPAIR 3.1 Use of Easement Each party entitled to the use and benefit of any easement hereunder shall not unreasonably interfere with, unreasonably obstruct, or suffer or permit anyone claiming by, through or under such party to unreasonably interfere with, or to unreasonably obstruct, the use and enjoyment of each easement granted hereunder by any of the beneficiaries hereof. The easements created hereby shall only be used by a party entitled to use the same for the purposes for which they are intended and designed. 3.2 Construction. Maintenance and Repair of Access Improvements. Subsequent to the recording of the final plat of Kaiser Permanents Subdivision Filing No. 2 pertaining to Parcel A and upon the development of Parcel A with permanent improvements and upon the transfer of Parcel A to Ojala & Company or its successors or assigns, the Parcel A Owner shall install the Access Improvements upon the full width of the Easement Property that is adjacent to Parcel A. The Parcel A Owner shall be responsible for one half of the expenses of the maintenance and repair of that portion of the Easement Property upon which the Parcel A Owner installs Access Improvements. 3.3 Reroairs Necessitated by Ne igl_gence. Notwithstanding any other provisions of this Access Easement, if any repairs to the Easement Property or the Access Improvements located thereon are necessitated solely by the negligence or other act or omission of either the Parcel A Owner or the Parcel B Owner or of anyone claiming by, through or under such party, then such repair shall be undertaken by such negligent Owner, at its sole cost and expense, within a reasonable period of time after the act or omission which necessitated the repairs. 3.4 No Mechanics' Liens. Nothing contained herein shall authorize an Owner, or any person or entity acting through, with, or on behalf of such Owner, to subject the other Owner's Parcel, or any portion thereof, or the Easement Property or any portion thereof to mechanics' liens. 3.5 Use of Other Access Easements. Upon the recording of the final plat for Kaiser Penn mente Subdivision Filing No. 2 pertaining to Parcel A as shown on Exhibit D attached hereto and incorporated herein by reference ('Plate), and the transfer of Parcel A to Ojala & Company, and the commencement of development of Parcel A, the Parcel A Owner shall construct the road improvements to the 30' nonexclusive utility and access easement running north and south adjacent to Lots 1, 2, 3, and 4, as shown on the Plat, and the Grantors shall be entitled to limited rights and privilege of access to and free movement through all curb cuts, parking areas and drive aisles within the lots as shown on the Plat as otherwise noted on Note 3 of said Plat. 4. MISCELLANEOUS PROVISIONS. 4.1 Notices. All notices required or permitted under the terms of this Access Easement shall be in writing and shall be deemed given when a copy thereof, addressed as provided herein, is actually delivered, either personally, by courier, or by certified or registered mail, return receipt requested, to Kaiser at the address stated in the first paragraph of this Access Easement, and to the successors of Kaiser, as the Owners of Parcel A or Parcel B, at the address for such successor shown on the recorded C:\WINNI\Pmfi1w\aHan\Tempoany Intemet Rm\0LK104Vwfl em access ag ce t-vb.doc March 1, 2001 -2- conveyance to such successor, or at such other address as Kaiser or any such successor may notify the other parry of in writing, and to the Grantors at the addresses given beneath their signature or at such other address as each Grantor may give to the other parties in writing. 4.2 Governing Law. The validity and effect of this Access Easement shall be determined in accordance with the laws of the State of Colorado. 4.3 Not a Public Dedication. Nothing contained in this Access Easement shall be deemed to be a gift or dedication of any portion of the Easement Property to or for the general public or for any public purpose whatsoever, including, but not limited to, dedication as a public street 4.4 Severability. If any provision of this Access Easement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Access Easement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. 4.5 Headin s fg or Convenience . All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Access Easement. 4.6 Exhibits Incomorated. All exhibits to this Access Easement are incorporated herein and made a part hereof as if fully set forth herein. IN WITNESS WHEREOF, Grantors and Kaiser have executed this Access Easement on the date first above written. KAISER FOUNDATION HEALTH PLAN OF COLORADO, a Colorado nonprofit corporation BY; STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, by as of Kaiser Foundation Health Plan of Colorado, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: Notary Public C:\wU4Nl\PtoMw\&U=\Tempmuy Interne[ MWODUMnoAUem access agreement-ti&doc March t, 2001 -3- ALEXIS INVESTMENTS CORP. B Address: / C a4D Ld/c fie, X0033 STATE OF COLORADO ss. COUNTY OFL# 100 ) The foregoing instrument was aclmowledg efore me this day of )nak"e~ 2001, by M I &P~2'Bgy xV as ~ 05 t c(4 tX of Alexis Investments Corp. Witness my hand and official seal. My commission expires: Notw~ Public C:\VnIZMFroElmWIan\Tempong hdemet Film\OLK104\nortbem access egeement v6 doe Mamh 1, 2001 -4- Lewis Samuel Lazaroff, Trustee STATE OF COLORADO ) ) ss. COUNTY OF ) By: Winona Marie LazaroM Trustee Address: The foregoing instrument was acknowledged before me this day of 2001, by Lewis Samuel Lazarofl; Trustee and Winona Marie Lazaroff, Trustee, of The Lewis Samuel Lazaroff and Winona Marie Lazaroff Living Trust Agreement. Witness my hand and official seal. My commission expires: Notary Public oSkslallan\Temp=q lntmwt Files\0LK104\nothem as ageement-v6.dw C:\wII0nV Match 1, 2001 -5- 3765 COMPANY By: Address: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, by of 3765 Company. Witness my band and official seal. My commission expires: Notary Public QXWD TAPmfdes\allan\T=porary hA=et Files\OLKI04\no th= access agtcement-v6.doc March 1, 2001 -6- EXHIBIT A TO ACCESS EASEMENT (Legal Description of Ojala Property) A PARCEL OF LAND BEING A PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE e PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (FOR THE PURPOSE OF THIS LEGAL DESCRIPTION, THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 BEARS N00°04'21 "W) BEGINNING AT THE SE CORNER OF THE SWIM OF SAID SECTION 17; THENCE S89°26'48"W ALONG THE SOUTH LINE OF SAID SW 1/4, A DISTANCE OF 70.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WARD ROAD, WHICH POINT IS ALSO ON THE EAST LINE OF LOT 1, BLOCK 1, KAISER PERMANENTE SUBDIVISION FILING NO. 1; THENCE N00°04'21 "W ALONG THE EAST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 78.85 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, WHICH POINT IS ALSO THE TRUE POINT OF BEGINNING; THENCE S89°2 1'54"W ALONG THE NORTHERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 223.11 FEET; THENCE S45102'32"W ALONG THE NORTHERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 28.63 FEET; THENCE DEPARTING THE NORTHERLY LINE OF SAID LOT 1, BLOCK 1, S89'21'54"W, A DISTANCE OF 120.44 FEET; THENCE N45°2525"W, A DISTANCE OF 193.75 FEET; THENCE N00°0421 "W, A DISTANCE OF 433.17 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND AS DESCRIBED IN RECEPTION NO. 92168151, JEFFERSON COUNTY RECORDS; THENCE N89°5539"E, 501.66 FEET ALONG SAID NORTH LINE TO A POINT 70.00 FEET WEST OF THE EAST LINE OF THE SWIM OF SAID SECTION 17, WHICH POINT IS ALSO ON THE WEST RIGHT-OF-WAY LINE OF WARD ROAD; THENCE S0010421"E ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 545.75 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. TO BE KNOWN AS LOTS i THROUGH 4, KAISER PERMANENTS SUBDIVISIOIN FILING NO. 2, JEFFERSON COUNTY, COLORADO C:\WAIN11PmfilaaNaHan\Tempaary Internet Files\OLK10ftorthem access epfemnent-v6 .dw Much 1, 2001 A-1 EXIHBIT B TO ACCESS EASEMENT C:\WAIN fides\sllau\Tempomry Internet Film\OLKI04\northem access agreement-v6Am March 1, 2001 B-1 EXHIBIT C TO ACCESS EASEMENT (Legal Description of Easement Property) Real property subject to 30' easement described in document dated August 4, 1965 and recorded August 10, 1965 in Book 1813 at Page 575 in the records of Jefferson County, State of Colorado. Real property subject to 30' easement described in Quit Claim deed dated June 18, 1985, and recorded July 11, 1985 in Reception No. 85064173 in the records of Jefferson County, State of Colorado. Real property subject to 30' easement described in instrument dated June 18, 1985 and recorded July 11, 1985 at Reception No. 85064170 in the records of Jefferson County, State of Colorado. Real property subject to 30' easement described in instrument dated August 14, 1973, and recorded August 17, 1973 in Book 2539 at Page 942 in the records of Jefferson County, State of Colorado. Real property subject to 30' easement described in instrument dated April 30, 1962 and recorded May 7, 1962 in Book 1474 at Page 325 in the records of Jefferson County, State of Colorado. EXHIBIT D TO ACCESS EASEMENT C:\WaWAProfiles\allan\Temparary Internet FiWOLK104\nord e n access agreement-vUw Mmh 1, 2001 C-1 (Final Plat of Kaiser Permanente Subdivision Filing No. 2-see separate document attached) CAWINN Trofile \Om\Ten4wary Internet FiWOLK104\umth= access agtaement-v&lm Mmch 1, 2001 C-2 CITY COUNCIL MINUTES: December 23, 1998 Page - 2 - Item 2. Resolution 1688 - finding a petition for annexation of a parcel of land located in Sections 20 and 17, 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 (ANX-98-04) (Kaiser) Resolution 1688 was introduced by Mr. Siler, who also read the title. Motion by Mr. Siler to adopt Resolution 1688, finding a petition for annexation of a parcel of land owned by Kaiser to be in substantial compliance with the Colorado Revised Statutes and setting a public hearing date of December 14, 1998, to consider the annexation; seconded by Mr. Mancinelli; carried 7-1 with Mrs. Dalbec voting no. * Motion by Mr. DiTullio to adjourn; seconded by Mr. Eafanti; carried 8-0. Meeting adjourned at 5:30 p.m. IliKG<-N Wanda Sang, City Cler APPROVED BY CITY COUNCIL ON NOVEMBER 9, 1998 BY A VOTE OF 7 TO o. Don Eafanti, c4 it President *Mrs. Worth ade a otion and Mr. DiTullio seconded the motion, but the City Attorney gave a legal opini n t this motion could not be acted upon because it had not been advertised as part of the Special Meeting and would therefore be a Charter violation. go)( 1 F-0 Resolution No. 1693 Series of 1998 TITLE: A RESOLUTION NLUUNG CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 17, 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 Kaiser Permanente Ward Road Medical Facility (4803 Ward Road) 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 bf 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 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 14th day of December 1998. ATTEST: Wanda Sang, City Clerk C:10ub=ACCRFrSXRESO.ORD~kaiss c"r,ndfaa.wpd Legal Description for City of Wheat Ridge Annexation # 98-6 Kaiser Property Beginning at the Southeast comer of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the 6" Principal Meridian. Said Southeast comer being the True Point of Beginning. Thence N 0° 18' 19" W along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41'41" W a distance of 929.88 feet. Thence S 01 ° 22'00" W a distance of 1,652.86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89 ° 44'48" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6' Principal Meridian. Thence N 0° 15' 12" W, along the said East line of the N.W. 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning . This parcel contains 1.432.534.23 sq. ft. or 32.886 acres The perimeter length is 4.977.06 feet a EXHIBIT A .`1 Za"H 1Izrl 1 Z8 Ar QUASI-JUDICIAL X Yes ' No X PUBLIC HEARINGS _ CITY MGR. MATTERS _ ORDINANCES FOR IST READING _ PROC:/CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 2ND READING _ BIDS/MOTIONS _ PUBLIC COMMENT X RESOLUTIONS _ INFORMATION ONLY _ ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: ANX-98-04/Kaiser Permanente SUMMARY/RECOMMENDATION: A Resolution and an Ordinance on second reading annexing 4803 Ward Road, known as the Kaiser Permanente Medical Center, into the City of Wheat Ridge. Adoption is recommended. ATTACHMENTS : 1) Resolution finding facts 2) Ordinance 3) Annexation Agreement . BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTIONS: 11 "I move that Resolution No. I693, a resolution making certain findings of fact regarding the proposed annexation of land known as Kaiser Permanente Ward Road Medical Facility, located at 4803 Ward Road, be adopted." "I move that Council Bill No. 47, Case No. ANX-98-4, annexing to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanence Ward Road Medical Facility, with an address of 4803 Ward Road, be adopted on second reading, contingent upon the approval of Case No. WZ-98-16 establishing the zoning of the property and that the Mayor be authorized to sign and execute the attached Annexation Agreement. C:\8arbara\CCRPTS\an 98042nd.vpd CITY OF WHEAT RIDGE MEMORANDUM of w"`~T q Tor Mayor and City Council o From: Robert C. Middaugh,.City Manager Subject: KAISER-PERMANENTE AND RTD PARK AND RIDE c0C0R'Oo ANNEXATION Irate: December 8, 1998 Attached members of Council will find support materials for two ordinances associated with the Kaiser- Permanente and RTD Park and Ride annexation to the City of Wheat Ridge. For each of the annexations, there is an ordinance that would: 1) permit the annexation to the City of Wheat Ridge; and 2) zone the property to an appropriate land use at the time of annexation into the City of Wheat Ridge. Both of the ordinances were scheduled for second reading at the Monday, December 14 City Council meeting. Unfortunately, the Transcript newspapers did not publish as required the notice for either of the ordinances addressing zoning for the annexation parcels. The result of the publication error is that the City Council can only hear the annexation ordinances for the Kaiser and RTD parcels at the Monday, December 14 meeting, and take action on those ordinances. The City Council may discuss and accept any comment on the zoning associated with the annexation inasmuch as the zoning of the respective parcels are exhibits to the actual annexation ordinance and can be appropriately commented on in that manner. The City Council's official public hearing for the zoning ordinance and official action on the two parcels must be taken at the Monday, December 21 meeting at which time the hearing will have been properly advertised and noticed. While the Transcript publishing error is unfortunate and causes the two items to be separated in terms of a formal vote, the City Council still_can appropriately hear any testimony and comment on the issues at both the December 14 and December 21 meetings, and take action as required under State statute. In the attached materials, the Council will find both a Planning staff report and an economic analysis as requested by members of City Council. The result of both analyses is that annexation of both the Kaiser and RTD Park and Ride facilities are deemed to be beneficial to the community and recommended for annexation into Wheat Ridge. In the planning overview for the two parcels, annexing each of them into the City is a logical extension of the City boundaries inasmuch as they border the existing City of Wheat Ridge. The City can very efficiently and logically provide an extension of government services to the annexed parcels without any undue burden to the remainder of the community. Even more importantly on the planning side is the control of any future development as it relates to intersection improvements or to the corridor itself so that land uses are appropriately dealt with and impacts mitigated as they will most certainly impact the City of Wheat Ridge. On the economic side there is an advantage to the City of Wheat Ridge either in terms of job creation or future tax generation, especially on the Kaiser-Permanente piece proposed for annexation. On the Kaiser-Permanente piece, even in the most conservative analysis, the City of Wheat Ridge benefits economically, and there is the potential for a fairly significant amount of sales tax income if the property were to -develop on_a retail basis. While. the RTD Park and Ride facility does not offer the promise for substantial tax income, the intangible benefit of having the control and direction of this particular parcel of property in its strategic location is significant to the City and to development patterns in the area 'T'here is a clear advantage and benefit to the entire City of Wheat Ridge of annexing the RTD Park and Ride facility and the Kaiser-Permanente facility. Approval of the annexation ordinance is recommended as-will be approval of the zoning ordinance which is scheduled to be heard by the City Council on December 21. Even though the zoning ordinance is not officially before the City Council, there may be comments received because it is an exhibit to the annexation ordinance and petition that is before the City Council. As indicated previously, these comments are acceptable and encouraged as a way to provide additional opportunities for discussion on the subject. The zoning as proposed for the parcel is intended to be very unique and very structured and to recognize a variety of potentials that may occur on the property as well as Council desires to provide some oversight and review of future development. The proposed zoning ordinance provides a number of features as follow: 1) a severely limited list of uses that are permitted for the property; 2) a requirement that any use that is developed on either of the RTD or Kaiser properties be subject to a site review by the City Council prior to issuance of a building permit; and 3) a list of specifically excluded less desirable uses on both properties; 4) in the event a listed use is not specifically permitted or specifically excluded, no interpretation of uses will be allowed and said uses must come before the Planning Commission and City Council in the form of a special use permit request. The zoning ordinance proposed for each of the parcels is unique and heretofore has not been pursued in this structured format for other such parcels. While the zoning ordinances impose a variety of conditions or restrictions on use or development of the property, the ordinance also appropriately recognizes that the property owner has and should be able to retain a limited amount of permitted uses for development of their respective parcels. The zoning ordinance tries to strike a balance for both the Kaiser and the RTD parcels of property owners rights against the community's desire to provide some control and oversight over the development so that it is appropriate to the sites and to the City. Approval of the zoning ordinances will be recommended at the December 21 meeting. Respectfully sub ed, J7- Robert C. dd au City Manager A12.211 OE WHEAT City of Wheat Ridge Pn Planning and Development Department m Memorandum TO: Robert Middaugh, City Manager FROM: Alan White, Planning and Development Director SUBJECT: Kaiser and RTD Annexations DATE: December 8, 1998 Attached to the resolutions and ordinances accomplishing the annexation of the Kaiser and RTD properties are staff reports analyzing the annexations and the economic impact of the annexations. These reports were prepared for each property under consideration. In summary, the annexations are a logical extension of the City's current boundaries and are consistent with the adopted Three Mile Plan. As the Ward Road condor develops, having zoning and development of these properties under City control will be advantageous. Similarly, the City will have a greater say in the design of the Ward Road/1-70 interchange with all of the quadrants of the interchange located within the City as a result of these annexations. The cost of providing City services to either of the properties is essentially the cost of providing police protection. There are no costs associated with street maintenance because Ward Road is a state highway. Other services are provided by special districts which already serve the properties. The cost to the City of providing services to these properties is minimal. Revenues to the City from the properties are different because of the different development potentials. The park-n-ride is owned by RTD and is tax exempt. No revenue will be generated by the lot unless RTD implements the concept of developing small scale retail and service establishments at its park-n-ride facilities. Net revenue to the City if retail develops at the site is estimated at $7,500 per year. The development potential of the Kaiser site is much greater. Net revenues to the City range from approximately $6,000 per year with no additional development on the site, to approximately $230,000 per year with a motel developed on the site, to approximately $690,000 per year with a grocery store anchored shopping center developed on the site. The land use and development control combined with the potential revenue and minimal cost to the City make these annexations beneficial to the City. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: December 14, 1998 DATE PREPARED: December 4, 1998 CASE NO. ANX-98-04/Kaiser REQUEST: LOCATION: APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: CASE MANAGER: Martin Orner Approval of annexation 4803 Ward Road Kaiser Permanente Foundation 10350 East Dakota Avenue Denver,.Colorado 80231 Same 32 Acres County Zoning: Planned Development Medical Center N: Planned Development and I-3 (County); S: Planned Development and C-1 (County); E: A-2, Industrial, C-1, PID and PCD (City); W: A-2 (County) N: Retail, automobile services, offices, assembly; S: Park-and-ride transit facility; E: Retail, manufacturing, offices, automobile sales, open space/undevcloped; W: Cemetery COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: Three Mile Plan (North Plains Community Plan): Retail, Office, Industrial and Residential (up to 15 units per acre) November 13, 20 & 27,1998; December 4, 1998 November 25, 1998 November 24, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SLIDES Q 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 request for property located directly adjacent to the City of Wheat Ridge with an address of 4803 Ward Road and known as the Kaiser Permanente Ward Road Medical Center. The annexation request, Case Number ANX-98-04, is to annex two parcels both under the ownership of Kaiser Permanente into the City of Wheat Ridge. Should the annexation be approved, the parcels could subsequently be zoned with one action, Case Number WZ-98-16, scheduled for December 21, 1998. In March of 1998, City staff and the property owner entered into discussions relative to the possible benefits of inclusion of this property within the City. The result of these discussions was recognition that ii rnexing the property to the City was in the best interests of both parties. The property owner would be assured of quality City services including those of the Police Department. The City would achieve a more uniform incorporation shape with little impact to the costs of providing services. This is due to the fact that the current city limit extends north along the east side of Ward Road to 52nd Avenue, resulting in city services already being provided to the general subject area, and that the use of the property as a medical center is considered a low impact land use relative to providing city services. Also, Ward Road is designated as a state roadway with road maintenance being a Colorado Department of Transportation responsibility, eliminating the need for the City to provide road maintenance services. Approximately 11.5 acres of the medical center property are currently developed as medical facilities, patient treatment areas, a pharmacy and parking. The remainder of the site, approximately 2l acres, is undeveloped. A significant portion of the undeveloped land wraps around the medical center parcel, and also contains a pond, which combine to limit the area available for future development. Case No. WZ-98-16 is for the zoning of the property to Commercial-One (C-1) for land uses complementary to and compatible with the existing medical center. Because the zoning of the property is directly related to its annexation into the City, the opportunity exists to implement specific restrictions, in this case relative to land uses, on the C-1 zoning. Exhibit 'A' is the legal description of the properties proposed for annexation and zoning. The zoning action for this case is a separate and subsequent case from the annexation, and is scheduled for City Council consideration on December 21, 1998. The zoning component for this property, being Exhibit `B', the proposed list of permitted and prohibited land uses, has been included in this staff report for informational purposes. Annexing the property as proposed will serve the interests of the City in the following ways: 1. The City receives the regulatory authority over future land use proposals for and development of the property. 2. The City receives the economic benefit of any future development on the property, with minor impacts to the City in providing services to the property. IL NEIGHBORHOOD MEETING A neighborhood meeting was held on November 4, 1998. The following persons attended: City Council Page 2 ANX-98-04/Kaiser Permanente Martin Omer - Planning staff Susan Altes- Regional Transportation District Robert Rynerson-Regional Transportation District _ Tom Currigan- Kaiser Permanente Michael Wright-Mount Olivet Cemetery The following items were discussed: ♦ The current ridership/usage amount of the RTD Park-and-Ride, ♦ Access to the Mount Olivet caretaker residence, ♦ Status of I-70/Ward Road/Highway 58 interchange improvements (CDOT), ♦ Long term use ideas for both the park-and-ride and Kaiser properties, ♦ Status of commuter/light rail idea for the Colorado and Southern Railroad alignment, ♦ Mount Olivet's interest in reviewing the final Planning Commission Staff Report prior to the Commission hearing. 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: 1. 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. 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. 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 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. City Council Page 3 ANX-98-04/Kaiser Pertnanente 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 located on the east side of Ward Road in the general project area. It is reasonable to assume that any future development of the property will -be urban rather than rural in nature, and that current and future users of the property, in particular employees working at the property, will make use of nearby commercial facilities within the City. On October 23, 1998, the Wheat Ridge City Council passed Resolution Number 1688 finding the petition for annexation in substantial compliance with Colorado State Statutes and setting a City Council hearing date of December 14, 1998 to consider the annexation. 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, industrial and/or residential (with density of up to 15 units per acre) uses. The applicant and City staff have produced an Annexation Agreement. The Agreement, upon formal acceptance by the City, is a legally binding document which establishes specific agreements between the City and Applicant relative to the annexation, zoning, required public improvements, vested rights, provision of water and sewer services and other aspects of the annexation. Of particular interest is the zoning of the property, which the Agreement addresses by incorporating, verbatim, the zoning restrictions as presented in Exhibit `B' of this staff report. Due to the fact that the zoning case for this property will be heard by City Council on a different date from the annexation case, the applicant has requested that his execution of the Agreement not be required until after the zoning case has been heard by Council. 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. IV. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Department of Public Works In a memorandum dated October 21, 1998, the Public Works Department submitted the following comments: As the proposed property has been developed prior to the annexation/zoning process now being proposed, the standard technical documents, (final drainage study, grading/erosion City Council Page 4 ANX-98-04/Kaiser Permanente control plans, street construction/traffic plans) will not be required at this time. If possible, a copy of those technical documents which may exist and were approved by Jefferson County, should be forwarded to this department for informational purposes.. 2. Any-future development planned for his property will need to be referred to this department to determine the extent of those technical documents that will be required as part of the development review process. 3. The annexation map No. 98-6, is in the process of being prepared and reviewed by John McGuire, P.L.S. 4. The Traffic Division has reviewed this referral, and had no comments at this time. Wheat Ridge Parks and Recreation Commission In a memorandum dated October 22, 1998, the Commission notified the Planning Department of their motion as follows: "Recognizing the recreational and conservation value of the area surrounding the two ponds, the Parks & Recreation Commission recommends that any development on the property be done in a manner that is sensitive to wildlife needs, lakeshore environment, and view corridors." Prospect Recreation District In a letter dated November 6, 1998, the Recreation District states that while not opposed to the annexation of the property, it is concerned about the removal of the property from the District. The land owner has not indicated an intent to seek exclusion from the District. Wheat Ridge Police Department In a memorandum dated October 10, 1998, the Police Department submitted comments which are summarized as follows: I. The Police Department anticipates a light to moderate impact to City police services, based on County Sheriffs Department historical records for the existing development on the property. The necessity to increase staffing or equipment resultant from annexing the property in its present developed state is not expected. 2. Impacts to police services from the future development of the property cannot be determined at this time. Fairmount Improvement Association In a letter dated November 6, 1998, the Improvement Association states their concerns relative to the Mount Olivet Cemetery solitude and the loss of revenue for the Prospect Recreation District. Jefferson County In a letter dated November 5, 1998, the County submitted the following comments: City Council Page 5 ANX-98-04/Kaiser Permanente "Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke, and the presence of hazardous materials and waste." Responding Without Concerns: -City-of-Wheat Ridge Department of Public Works In a memorandum dated October 7,1998, the Public Works Department submitted the following comments: Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance operations and capital improvements are performed by CDOT. Access and all plan review for Ward Road impacts must be approved by CDOT. City of Arvada Metro Wastewater Reclamation Dist. Valley Water District Fairmount Fire District Notified But Not Responding: Scientific and Cultural Facilities District Fruitdale Sanitation District Public Service Company Wheat Ridge Building Division U.S. West Communications Jeffco County Commissioners TCI of Colorado Wheat Ridge Post Office Regional Transportation District Colorado Department of Transportation Denver Metro. Major League Baseball Dist. Jeffco Health Department Wheat Ridge Forestry Division V. PLANNING COMMISSION ACTION: On December 3, 1998, the Planning Commission voted unanimously to recommend approval of the annexation to City Council. Commission stipulated that the recommendation was made without approval or disapproval of the permitted and prohibited land uses as contained in Exhibit 'B'. Therefore, Commission's action for recommending approval related to the merits of the annexation only. After Commission's action on the annexation, discussion relative to zoning was heard. The applicant's representative, Mr. Tom Currigan, testified that there are no plans to build a hospital on or sell the northern .portion of the property, although either of these options may be pursued in the future. Mr. Currigan stated the possibility that an addition to the existing medical facility, in the magnitude of approximately 14,000 square feet was a possibility some time in the future. Commission stated that uses such as nursing homes and long term care facilities might be appropriate for inclusion in the list of permitted land uses. Commission stated that the use of bus staging area be included as a prohibited land use. Commission also stated that the recommendation of the Wheat Ridge Parks and Recreation Commission, which appears under the Referral section of this staff report and concerns the preservation of ponds, Lakeshore environments and view corridors, be recognized as especially significant. Ciry Council - - Pa"e 6 ANX-98-04/Kaiser Permanente VI. STAFF RECOMMENDATION: 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. Therefore, .staff recommends approval of the annexation. VII. RECOMMENDED FINDINGS OF FACT: 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. VIII. RECOMMENDED MOTIONS: Option A: "I move that Resolution No. a resolution making certain findings of fact regarding the proposed annexation of land known as Kaiser Permanente Ward Road Medical Facility, located at 4803 Ward Road, be adopted." "I move that Council Bill No. 47, Case No. ANX-984, "Annexing to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, be adopted on second reading, that the Mayor be authorized to sign and execute the attached Annexation Agreement, contingent upon the approval of Case No. WZ-98• I6 establishing the zoning of the property." Option B: "I move that staff be directed to prepare a Resolution with findings of fact to support not annexing this property and to present the resolution to the City Council on December 21, 1998." C:\anb=\CCRP6W NX984. W PD City Council Page 7 ANX-98-04/Kaiser Permanente 6. PUBLIC FORUM DRAFT There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. ZOA-98-01. An application by the City of Wheat Ridge to amend Section 26-30(L) of the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertilizer and buildings. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to continue Case No. ZOA-98-61 to December 17, 1998 upon recommendation of the city staff. k The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. B. Case No. ANX-98-04/WZ-98-16. An application by Kaiser Permanente for approval to annex 32.886 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. In response to a question from Commissioner SNOW, Mr. White explained that Gerald Dahl, city attorney, advised him the zoning portion of this case could not be decided at'this meeting due to the lack of quorum for the November 19th Planning Commission meeting when the matter was originally scheduled and the publication requirements not being satisfied. He advised that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He reviewed the staff report and presented F overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner THOMPSON expressed concern about impact on the proposed annexation would have on possible incorporation of the Fairmount area. Mr. Omer replied that, from an economic standpoint, it would seem that incorporation by Fairmount is no longer viable. Mr. White stated that annexation petitions take precedence over incorporation petitions and that the Fairmount incorporation election was set aside for the cities of Arvada, Wheat Ridge and Golden to take action on annexation. Decisions on annexation would have to occur Planning Commission . Page 2 12/03/98 before a judge would allow incorporation proceedings. Commissioner THOMPSON asked if rezoning can occur without a formal motion from Planning Commission. Mr. White replied that Planning Commission will be making a formal motion at the December 17 hearing; however, comments from the Planning Commission at this meeting would to be forwarded to City Council as part of the staff report. In response to questions from Commissioner MacDOUGALL, Mr. Omer stated that the existing wetlands would have to be taken into consideration by the public works department if the property south of the Kaiser facility and north of the RTD park-and-ride were to be developed. Thomas Currigan 10350 East Dakota Avenue, Denver Mr. Currigan was sworn in by Chair BRINKMAN. He was appearing as a representative of the Kaiser Permanente and invited questions from the Commission. Commissioner GOKEY asked if Kaiser had any plans for development for the remainder of the property. Mr. Currigan replied that there were no immediate plans; however, there was a long-range plan to expand the existing building and that such expansion would depend on membership growth and other factors. The projected expansion would be approximately 14,000 square feet. He stated that it would be likely that the northern parcel would be sold in the future, but it was not on the market at this time. Commissioner. GOKEY asked about the proposed highway interchange at Highway 58 and I-70. Mr. Orner replied that the proposed intersection would directly impact Ward Road. He advised the Commission that the Ward road interchange had been placed on the priority list for the Colorado Department of Transportation. Commissioner GOKEY asked if Kaiser could make a decision regarding the recreation district they wished to belong to. Mr. Omer replied that this would be Kaiser's decision. Currigan commented that this question had not been explored by Kaiser. Mr. White clarified for the record that annexation into the City of Wheat Ridge includes belonging to the city recreation district. Commissioner THOMPSON expressed concern about possible development of the southern portion of the property and whether or not it would have safe access to Ward Road. She was concerned that if the interchange should take out the park-and-ride, that the southern portion of Kaiser's property could be sold and joined with the remaining park-and-ride land. Commissioner GOKEY expressed. concern with talking about future subdivision plans at this time. Planning Commission Page 3 12/03/98 In response to a question from Chair BRINKMAN, Commissioner SNOW replied that the City of Wheat Ridge has a contract with a private ambulance company. Commissioner SNOW asked if there were future plans for Kaiser to build a hospital on this site. Mr. Currigan replied that there was no intention to build a hospital facility on this site, and that Kaiser only planned to expand the present clinic facilities. Commissioner COLLINS moved and Commissioner SNOW seconded that Case No. ANX- 98-4, a request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B" be recommended to the City Council for APPROVAL 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 development of the subject property. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Commissioner THOMPSON asked if there were any plans for the City of Wheat Ridge to annex any more land to the north to square off the boundaries to 52nd Ave. Mr. White replied that all landowners up to 52nd Avenue have been contacted by the City and there has only been one affirmative response. He also stated that if the annexation is approved, it would give the City the 1/6 contiguous land necessary for possible annexation to the north. Chair BRINKMAN invited comments from the Commissioners regarding zoning issues on this case. Commissioner SNOW stated that she would prefer to see any large-sized commercial parcels come in as planned commercial developments in that it gives more flexibility to the City and, most of the time, to the land owner. She expressed concern that, in the past, commercial zonings have been approved for certain uses and then were somehow expanded beyond the original intent. Mr. White stated that the annexation agreement would be recorded and, therefore, the list of uses would become part of the permanent record in the real estate records of the County. Mr. Omer stated that the annexation agreement would be a part of City Council action on this matter when the ordinance is adopted and that the allowed uses would be an exhibit to the zoning ordinance. He commented that there is currently nothing tangible to create a planned development because future use is not known at this time. Planning Commission Page 4 12/03/98 Commissioner THOMPSON asked why nursing homes were excluded from the list of allowed uses. Mr. White replied that any land use of that type demands more city services than the revenue generated from the use. Commissioner THOMPSON stated that she would like to see staging areas for tourist and casino buses added to the list of prohibited uses for this parcel of land. She also stated that she would like to see the parks and recreation district concerns addressed. Commissioner BRINKMAN stated that she did not condone the commercial uses on the list based upon her approval of the annexation. Commissioner SNOW moved and Commissioner THOMPSON seconded that the record reflect the Planning Commission did not consider approval or disapproval of the list of uses contained in Exhibit C as part of the prior vote for approval of the annexation. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. (Chair BRINKMAN declared a recess at 9:10 p.m. The meeting was reconvened at 9:20 P.M.) B. Case No. ANX-98-05/WZ-98-17: An application by the Regional Transportation District for approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4695 ward Road and known as the RTD park-and ride. He advised, however, that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He stated that although action could not be taken on the zoning portion of the case (as with the previous case), comments would be received for the record. He reviewed the staff report and presented overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner SNOW commented that, in the future, she would like to see the planned developments and conditions that already exist on the site presented in larger print. She asked why there was a difference between the list of zoning exhibits for the RTD property and the Kaiser property. Mr. White replied that the list was comprised while working with RTD. RTD has a concept for some of the park-and-ride facilities in the metro area to provide some commercial convenience uses such as shoe repair shops, convenience stores, etc. These businesses would not create additional traffic but would be for the convenience of bus riders. Commissioner SNOW requested an entire list of everything that is ordinarily allowed in the Planning Commission Page 5 12/03/98 !1=iie : T - ! !x i _ O -S i ~ a. - Si. 01 !f i !is • i ii 1 ! 3i . i i ~ i ~ = i F o 1 . Fi ~ ~ ~ =.i j : ~ : i! 1 i a!!1 lfi..! 5 FT 's !i 5 ss! t= i i F. e1i i~z F v ! F; ! ! = i i5 . N z~ 0 H ' u' rW~ u h Q W } a r 0 a - m x o Resolution No. 1693 Series of 1998 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 17, 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 Kaiser Permanente Ward Road Medical Facility (4803 Ward Road) 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(I)(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 bf Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed;o 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 r 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- Ill. RESOLVED AND PASSED this day of 1998. ATTEST: Wanda Sang, City Clerk Gretchen Cerveny, Mayor C:kBarba \CCRPTSIRESO.ORDUcaittnuofindfact.wpd Legal Description for City of Wheat Ridge Annexation # 98-6 Kaiser Property - Beginning at the Southeast corner of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the 6' Principal Meridian. Said Southeast corner being the True Point of Beginning. Thence N 0° 18' 19" W along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41'41 " W a distance of 929.88 feet. Thence S 01 ° 22'00" W a distance of 1,652.86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89 ° 44'48" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6' Principal Meridian. Thence N 0° 15' 12" W, along the said East line of the N.W. 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning . . This parcel contains 1.432.534.23 sq. ft. or 32.886 acres The perimeter length is 4,977.06 feet .I EXHIBIT A INTRODUCED BY COUNCIL MEMBER Siler i ` Council Bill No. 47 Ordinance No. _ Series of 1998 AN..ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE. = UNINCORPORATED TERRITORY KNOWN AS KAISER PERMANENTE WARD ROAD MEDICAL FACILITY GENERALLY LOCATED SOUTH OF COLORADO AND SOUTHERN RAIL ROAD TRACKS, NORTH OF THE REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK- AND-RIDE, WEST OF WARD ROAD AND EAST OF MOUNT OLIVET CEMETERY, IN JEFFERSON COUNTY (ANX-98-04) 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, 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 B. 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 o€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 6 to 2 on this 23rday of November , 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 December 14, 1998 , 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 _ to this . day of 1998. SIGNED by the Mayor on this day of ATTEST: 1998. GRETCHEN CERVENY, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Ist Publication: 2nd Publication: Wheat Ridge Transcript December 4, 1998 No. Page 2 EXHIBIT A Kaiser Property Beginning at the Southeast comer of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the 6`s Principal Meridian. Said Southeast comer being the True Point of Beginning. Thence N 0° 18' 19" W along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41' 41" W a distance of 929.88 feet. Thence S 01 ° 22'0011 W a distance of 1,6,552 86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15112" W a distance of 209.67 feet. Thence N I 1 ° 03' 18" E a distance of 102.00 feet. Thence N 89 ° 44148" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6's Principal Meridian. Thence N 0° 15' 12" ;W, along the said East line of the N.W. 1/4 of Section 20, a distance of 463.01 feet to the True Point of Beginning. This parcel contains 1,432.534.23 sq. ft. or 32.836 acres The perimeter length is 4.977.06 feet EXHIBIT B ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this day of 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Kaiser Permanente or their assigns (hereinafter referred to as the "Landowner"). 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 seq.; and Whereas, Kaiser Permanente is the Landowner of that certain real property which is identified in Attachment 1, 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 Attachment 1, and the Landowner of the property described in Attachment 1, 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. Agreemcnt ReeardinE Zoning: The property described in Attachment I shall be re-zoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. . A. The property, which consists of 32 acres more or less, shall be zoned Commercial One (C-1), in accordance with City of Wheat Ridge Zoning Regulations Section 26-22, with restrictions. Attachment 2 attached to and incorporated herein, shall serve as the specific list of land uses permitted on and restricted from occurring on the property. B. The additional land use of Helicopter Landing and Departing specifically for medical emergencies and patient transport shall be recognized as an allowable and permitted land use. Section 2. Roadway Improvements: No roadway improvements shall be required relative solely to the annexation and zoning of the subject property. Section 3. 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 4. 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 5. Contingent Nature of Agreement: This Agreement is expressly contingent upon the fulfilling by botlr Landowner and the City of all actions which are necessary to annex all of the property described in Attachment 1. 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 6. 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 and 5 hereof. B. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs 1 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 7. Agreement to be Recorded: This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City Council. Section 8. 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 9. Entire Agreement: This Annexation Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal understandings which may have been reached between the parties prior to the execution hereof. Section 10. 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. Annexation Agreement Page 2 ANX-98-04 ATTEST:=- WANDA SANG, CITY CLERK APPROVED AS TO FORM: Gerald Dahl, City Attorney Kaiser Permanente LANDOWNER Authorized Agent for Kaiser Permanence CITY OF WHEAT RIDGE, COLORADO a home rule municipal corporation BY: GRETCHEN CERVENY, MAYOR I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and swom to me this day of , 1993. SEAL: C:\narbara\CCRPTSW GREEMTS\KAISERanxagrmnl.wpd NOTARY PUBLIC My Commission Expires: Annexation Agreement Page 3 ANX-98-04 Kaiser Property Beginning at the Southeast corner of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the 6w Principal Meridian. Said Southeast corner being the True Point of Beginning. Thence N 00 18' 19". W.along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41'41 " W a distance of 929.83 feet. Thence S 01 ° 22' 00" W a distance of 1,652.86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 13" E a distance of 102.00 feet. Thence N 89° 44'43" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6`s Principal Meridian. Thence N 0° 15' 12" _W, along the said East line of the N.W. 1/4 of Section 20, a distance of 463.01 feet to the True Point of Beginning . This parcel contains 1,432.534.23 sq. ft. or 32.886 acres The perimeter length is 4,977.06 feet ATTACHMENT 2 KAISER ZONING ._jr The-Zoning for the_property described in Attachment 1 shall be Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, and requirements: I Permitted Principal Uses: No building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. 86030380, as follows: 1. Medical offices. 2. Hospital. 3. Inpatient and outpatient care services. 4. Inpatient building support. 5. Ancillary care services. 6. Administrative services. 7. General services. B. Uses permitted as permitted principal uses under Section 26-22 (B), Commercial- One District (C-1) of the Wheat Ridge Code of Laws, except the following uses are prohibited: 1. Adult entertainment establishments. 2. Ambulance services. 3. Automobile and light duty truck sales and rental. 4. Automobile parts and supplies sales. 5. Auto service and repair and maintenance shops, including tire sales, muffler shops, fueling stations, detail shops, tune-up shops, engine repair, transmission repair, alignment services, car washes, upholstery shops, radiator repair shops, lubrication services, and sound system shops. 6. Boat, camper, and travel trailer sales, rental, and services. 7. Commercial machine shops. 8. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, libraries, parks, museums, aquariums and art galleries. 9. Churches. 10. Equipment rental agencies. Kaiser Zoning Page WZ-98-16. 11. Golf courses. 12. Greenhouses and wholesale nurseries. 13. Homes for the aged, nursing homes and congregate care homes. 14. Government or quasi-governmental buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not - planned 15. Indoor and outdoor flea markets. 16. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 17. Liquor stores. ' 18. Lumber yards and building supply stores. 19. Mortuaries and crematoriums. 20. Motorcycle sales, service and repair. 2I. Pawn shops. 22. Public and private schools. 23. Private clubs, social clubs, bingo parlors and similar uses. 24. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 25. Rooming and boarding houses. 26. Taverns, night clubs, lounges, private clubs and bars. 27. Tobacco shops. 28. Truck stops. 29. Veterinary Hospitals or clinics. II. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type II Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). III. Special Uses: Any use proposed for the property not specifically permitted under Section I above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B). IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. Claarb=%CCRPTS\aiu oninguxe.wpd Kaiser Zoning Page 2 WZ-98-16 INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. 48 Ordinance No. Series of 1998 AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS KAISER PERMANENTE WARD ROAD MEDICAL FACILITY GENERALLY LOCATED WEST OF WARD ROAD, NORTH OF THE REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK-AND-RIDE FACILITY, SOUTH OF COLORADO AND SOUTHERN RAILROAD TRACKS EAST OF MOUNT OLIVET CEMETERY, WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS COMMERCIAL-ONE (C-1) PURSUANT TO SECTION 26-22 OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE ZONING ORDINANCE AND MAP TO CONFORM THEREWITH (WZ-98-16) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Findings of Fact. (A) Application has been made for zoning certain property described on attached Exhibit A, within the City of Wheat Ridge, Colorado, to Commercial-One (C-1), as prescribed in Section 26-22 of the Wheat Ridge Code of Laws. (B) Public notice has been given of such zoning by one publication in the Wheat Ridge Transcript, a newspaper of general circulation within the City, and the official newspaper of the City, at least fifteen (15) days prior to the hearing of such zoning. (C) Written notice was sent by certified mail to all adjacent property owners and owners of the property under consideration, at least fifteen (15) days prior to the public hearing. (D) Notice of such proposed hearing was posted on the property for fifteen (15) consecutive days prior to said hearing. (E) A need exists for zoning of this property Commercial-One (C-1). Section 2. The property described in attached Exhibit A is hereby zoned Commercial-One (C-1), subject to specific restrictions contained in Exhibit B, being the list of permitted and prohibited uses for the subject properties. Section 3. The zoning ordinance and zoning map of the City of Wheat Ridge, Colorado are hereby amended to conform with the zoning change to the property. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance No. Page WZ-98-16 ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgement shall not affect application to other persons or circumstances. Section 6. This ordinance shall become effective fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 9 to on this 23rd day of `-November , 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 nPcember 21 , 1998, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second an final reading by a vote of _ to this _ day or 1998. SIGNED by the Mayor on this _ day of .1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY Gerald Dahl, City Attorney Published: 1 st Publication 2nd Publication Wheat Ridge Transcript December 4, 1998 C:\DubaraICCRPTSNRES0-ORDkw 98-06mnord.wrd Ordinance No. WZ-98-t6 Page 2 EXHIBIT A Kaiser Property Beginning at the Southeast corner of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the_6e principal Meridian. Said Southeast corner being the True Point of Beginning. :'Thence N 00 18119" W along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41141 " W a distance of 929.83 feet. Thence S 01 ° 22'00" W a distance of 1,652.86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89° 44'43" E a distance of X0.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6w Principal Meridian. Thence N 0° 15' 12" W, along the said East line of the N.W. 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning . This parcel contains 1.432.534.23 sq. ft. or 32.836 acres The perimeter length is 4.977.06 feet KAISER ZONING The-Zoning for the_prop_ erty described in Attachment 1 shall be Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, and requirements: L Permitted Principal Uses: No building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. 86030380, as follows: 1. Medical offices. 2. Hospital. 3. Inpatient and outpatient care services. 4. Inpatient building support. 5. Ancillary care services. 6. Administrative services. 7. General services. B. Uses permitted as permitted principal uses under Section 26-22 (B), Commercial- . One District (C-1) of the Wheat Ridge Code of Laws, except the following uses are prohibited: N 1. Adult entertainment establishments. 2. Ambulance services. 3. Automobile and light duty truck sales and rental. 4. Automobile parts and supplies sales. 5. Auto service and repair and maintenance shops, including tire sales, muffler shops, fueling stations, detail shops, tune-up shops, engine repair, transmission repair, alignment services, car washes, upholstery shops, radiator repair shops, lubrication services, and sound system shops. 6. Boat, camper, and travel trailer sales, rental, and services. 7.. Commercial machine shops. 8. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, libraries, parks, museums, aquariums and art galleries. 9. Churches. 10. Equipment rental agencies. Kaiser Zoning Page I WZ-98-16 It. Golf courses. 12. Greenhouses and wholesale nurseries. 13. Homes for the aged, nursing homes and congregate care homes. 14. Government or quasi-govemmentat buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not .planned 15. Indoor and outdoor flea markets. 16. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 17. Liquor stores. 18. Lumber yards and building supply stores. 19. Mortuaries and crematoriums. 20. Motorcycle sales, service and repair. 21` Pawn shops. 22. Public and private schools. 23. Private clubs, social clubs, bingo parlors and similar uses. 24. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 25. Rooming and boarding houses. 26. Taverns, night clubs, lounges, private clubs and bars. 27. Tobacco shops. 28. Truck stops. 29. Veterinary Hospitals or clinics. II. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type II Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). III. Special Uses: Any use proposed for the property not specifically permitted under Section I above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26-6(B). IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. C:lnarb=kCCRPTMaitt ingues.wpd Kaiser Zoning WZ-98-I6 Page 2 ZONING AND DEVELOPMENT (6) Side yard setback. Based upon the specific site, adjacent land use and adjacent pub. licstreets, one (1),or more of the following requirements shall apply: (a) Five (5) feet per story minimum, except a zero setback may be permit- ted where structures are constructed of masonry or nonflammable mate- rial and in accordance with the Uni- form Building Code. (b) In all cases, thirty (30) feet where adjacent to a dedicated public street. (c) In addition to building setback as required by subsection (a) above, where a side yard abuts property zoned residential, or where zoned agricultural and there is a residen- tial structure within fifteen (15) feet of the commercial property, a five- foot-per-story landscaped buffer, plus a six-foot-high solid decorative wall or fence, shall be required between the building and the property line. (7) Rear yard setback. Based upon specific site, adjacent land use and adjacent pub- lic streets, one (1) or more of the following shall apply: (a) Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter. (b) In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. (c) In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five,(5) feet from the edge of the alley. (d) In addition to building setback as required by subsection (a) above, where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residen- tial structure within fifteen (15) feet of the commercial property, a five- foot-per-story landscaped buffer, plus § 26.22 a.six-foot-high solid decorative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26- 32. (10) Fencing requirements. See section 26- 30(I). (11) Sign requirements. See Wheat Ridge Code of Laws, Chapter 26, Article IV. (Ord. No. 1989-796, § 2, 7-24.89; Ord. No. 1990- 827, § 1, 4-9-90; Ord. No. 1992-905, § 1, 10-12-92) Sec. 26-22. Commercial-One District (C-1). (A) Intent and Purpose: This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, and retail sales and service estab- lishments. This district is supported by the com- munity and/or entire region. (B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter erected, converted or structurally al- tered unless otherwise provided herein except for one (1) or more of the following uses: (1) All uses permitted in the Restricted Com- mercial District as "permitted principal uses." -ha+as-EhaPter-3:' (3) Assembly halls and convention facilities. .meals;- ( Sales, rental and service of a tru - actor or semitrailer is prohi ' ed. (b) All rking and vehicle ' play ar- eas sh be paved. (c) There sha a' minimum of one thousand fiv red (1,500) feet of separat' between s lots. (d) T~ shall be a minimur ndscape buffer adjacent to Supp. No. 18 1729 § 26-22 the stl by thg WHEAT RIDGE CITY CODE with such buffer within the orooerty aiies, a ug_h the tionally lan cap tween the fro 4ublic works dir~ e no waivers of this Is requirement. Vhenever a parking lot or di ay lot oins property zoned resi- dentia se, a landsca buffer of twelve (12 et fro aid lot bound- ary shall be 1red. Within the twelve-foot 1 dsc a buffer, a six- foot view- scuring fe or decora- tive shall be construct There s be no waivers of this lands e and fence buffer requirement. shall occupy the lvalent of one (1) par king spat , each such re- quired is d shall landscaped with inimum of one two-inch (f) re shall be at least one (1) i rior dscaped island for eat rty (30) pa 'ng and/or vehi display spaces. Ea such 1 scape island tree or larger, and ur (4) or acceptable living gr nd cover. sh , including tire sales (but excl ing rata muffler shops, auto light- duty t k fueling stations, ail shops, tune-ups ps, engine re 1r, transmis- sion repair, ment s ces, car washes, upholstery sho r iator repair shops, lubrication se and sound system shops. It is a inte to exclude body work or p ' ting, and to a lude any such use p ' arily for service, rep ' or main- ten ce to truck-tractors or semi ilers. dy repair and painting may be all ed (6) Banks, loan and finance offices. (7) Child care centers. (8) Clinics for psychological, social or marital counseling and treatment, including coun- Supp. No. 18 Cmay addi- t area be- y line and if approved e r. There 1730 seling and treatment for substance abuse and alcoholism, and including residential treatment facilities. J b"1 I r I (11) n t d ~narinm to"".._ an ntg riving r g anA n es, i_e I and In angeg a I .d• ...+ller; ludin-pr b g -gli nd thncp I pg ivate "1. nja4urn ngec nn bs - I g^1o mmn I or nly im p and z ^PFcar o •b r. ubl:^ ~ IA• c ding both wholesale an d retail sa s of rela d products; provided, howe r, that bulks rage or piles of mat( s, such as manure, eat, top soil, roc , sand, fire- wood or sI ilar materia , are screened from view fro adjac t properties by a view-obscuring six (6)feet in height. Bulk storage or 1 s of such materials shall not be mitte ithin a front yard setback shall be no clo r than twenty- five (2 feet to a side or r lot line whi abuts residentially zon roperty or here zonedAgricultural and th is a esidential structure within fifteen 5) ef the common property (W T-Tnmpq fnr thp 19444PA„:_ g hameS and (15) Hotels, motels or bed and breakfast homes for transient occupancy. There shall be one thousand (1,000) square feet of gross lot area for each unit. F,ri gpg sTuch rollp k T _!:..g-1- )~Grarradpg andSiAyi~j~~ (1- 1n1rkptg are nrnh;hUda fiS) hiquer stares. (19) Medical and dental offices, clinics or lab- oratories. ZONLNG AND DEVELOPMENT § 26-22 (20) Reserved. (1) Upholstery shops. e (m) Watch and jewelry repair [shops]. 41 (22) Offices; general business and professional (9O) Sm all ~`=-a= : , ' ^ l'n- offices. icq where thgFe are no uteia^ - r (23) Parking of automobiles of clients patients g fee ° ' , and patrons of occupants of adjacent com- (30) Stores for retail trade as listed below: mercial districts. (a) Antique stores. 6 (b) Apparel and accessory stores. es_ (c) Appliance stores and incidental ser- (25) Restaurants, drive-in restaurants, ice vice and repair. cream sales and similar related uses. (96) Rooming and-boardin frouses- (d) Art galleries or studios. g . (274 SchQo =-t (f) Bakeries, retail. ng private, vocational tr or pro- (g) Bicycle stores. fession chools), colle universities, preschools an urseries (including 13RA . I t 'l ai those uses c monly d as neces- ^n - sary t eto when located on t e e (i) Book stores and newsstands. prenlises). (j) Butcher shops and food lockers, but (28) Service establishments as listed below: not including food processing. (a) Affibulanee-jerviees, (k) Business machine or computer stores. (b) Blueprinting, photostatic copying, and (1) Camera and photographic service and other similar reproduction services; supply stores. however, not including large print- (m) Candy, nut and confectionery stores. ing, publishing and/or book binding establishments. (n) Caterers. N ( event rerctarageaeiesfp (o) Dairy products stores. how that the outsid rage of (p) Delicatessens. trucks, tra or er equipment (q) Department or variety stores. for rent shal wi screened ' (r) Drugstores. from v from all streets an (s) Dry goods stores. W° F F (t) Electrical and supplies and service, (e) Hair, nail and cosmetic services. but not including contractors stor- age yards. (t1 Interior decorating shops. (u) Floral shops. (g) Laundries and dry cleaning [shops). (v) Furniture stores. (h) Locksmith shops. (w) Garden supplies stores. (i) Shoe repair [shops]. (x) Gift, novelty or souvenir stores. (j) Studio for professional work or teach- ing of fine arts, photography, music, drama or dance. (z) Hardware stores. (k) Tailoring, dressmaking or clothing (aa) Hobby and craft stores. alteration shops. (bb) Home furnishing stores. Supp. No. 18 1731 § 26-22 WHEAT. RIDGE CITY CODE (cc) Home improvements supply stores. _ _ (dd). Je\velry stores. (ee) Leathergoods and luggage stores. ~l J Y e (gg) Linen supply. storms~vi~ded,that osed stor- age ofany ~r 11 be screened fro w from adjacent pr es (ii) Locksmith shops. W) Meat, poultry or seafood stores. (11) Music stores. (mm) Newsstands (for the sale of news- papers, magazines, etc.). (nn) Notions stores. (oo) Office supply (stores]. (pp) Optical stores. - (qq) Paint and wallpaper stores. . (rr) Pet stores. (ss) Picture framing (shops]. (tt) Plumbing and heating supply stores and shops, but not including contrac- tors'storage yards. (uu) Shoe stores. (vv) Sporting goods stores. (ww) Stationery stores. (xx) Television, radio, small appliance re- pair and service (shops]. (zz) Toy stores. (aaa) Video rentals. ( s and bars. (32) Theatres (excluding drive-ins). ( in the z administrate port appeal of his decisio tht~ oard of adjustment, would compati character and act with other uses in rict, supp. No. 19 1732 would be consistent with the intent o s dis and which would not b ~ection- able to ne property b ason of odor, dust, fumes, g n radiation, heat, glare, vibration a generation, park- ing needs, o oor storage use, or is not hazardo to the health an a t of surr riding areas through danger of (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public util- ity lines and poles, irrigation channels, storm drainage facilities, and water sup- ply facilities, and other similar facilities. (2) Residential uses in commercial zones shall be allowed under the following conditions: (a) Residential use shall be allowed only on a floor other than the ground floor, or if allowed on the ground floor, restricted to the rear half of the building. (b) Residential dwelling density shall not exceed one (1) dwelling unit for each five thousand (5,000) square feet of lot area. (c) Residential dwelling units shall be no less than five hundred (500) square feet each. (d) Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. ' (e) Where it is intended to convert an existing residential structure either partially or wholly to a commercial use, then commercial development standards shall be applied for park- ing, landscaping and residential buff- ering. Any changes to building floor area shall fully comply with all com- mercial development standards. (f) No new residences as a primary or principal use shall be allowed. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or i NOTICE OF PUBLIC HEARING Notice is hereby given that the following Public Hearings are to be held before the City of Wheat Ridge CITY COUNCIL on December 14,1998, at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearings or submit written 1 Case No. ANX-98-04: cond reading public hearing consideration of an ordinance to APPROVE anne ' 32.886 acres of unincorporated land into the City of Wheat Ridge. ocated at 4803 Ward Road and known as Kaiser Permanente Medical Center. 2., Case No. ANX-98-05: Second reading public hearing consideration of an ordinance to APPROVE annexing 8.036 acres of unincorporated land into the City of Wheat Ridge. Property is located north of I-70, west of Ward Road, south of Kaiser Permanente Medical Center and east of Mt. Olivet Cemetery and known as the Regional Transportation District Park-n-Ride. A(-~ A 0 "et-. j Barbara Delgadillo, Recor g Secretary ATTES Wanda Sang, City Cie To be Published: Rocky Mountain News Date: December 3, 1998 C:\Bmb=\CCRPTS\PUBNOTIC\12-14meeting.wpd [)RAFT City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin Omer, Economic Development Specialist in 4co SUBJECT: Economic Evaluation of Kaiser Permanente Ward Road Medical Annexation DATE: December 7, 1998 I have prepared a general economic evaluation of the Kaiser Permanente Ward Road Medical Facility currently being considered for annexation to the City of Wheat Ridge. The evaluation consists of four 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, INTANGIBLE benefits associated with the future Ward Road/I-70/Highway 58 intersection, and a SUMMARY of costs compared to revenues. 1. REVENUES: For analysis purposes, the Kaiser property should be divided into two distinct elements: A. The southern portion containing the existing medical facility, B. The northern portion which is undeveloped. The southern portion of the property is developed as medical facilities. Although no proposal has been discussed, the potential exists for an estimated 15,000 square foot future expansion to the facility. The northern portion of the property is vacant developable land. Although no proposal for development has been discussed, a total building size of 178,500 square feet is estimated for this parcel. 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 a. Building and materials Southern portion. 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 15,000 square feet ofinedical/office construction can be expected. Therefore, DRAFT the total one time use tax collected on said amount of building construction and equipment is estimated at $15,801.75. Northern portion. Use tax would be collected on improvements to the property and is calculated as a percentage of the cost of materials used in construction. Staff estimates that approximately 178,500 square feet of medical/office construction can be expected. Therefore, the total one time use tax collected on said amount of building construction is estimated at $188,040.83. b. Equipment and supplies Southern portion. The applicant has estimated their actual 1998 costs for equipment and supplies as $305,000.00. Using this figure as an estimate of annual equipment and supply purchases, use tax to the City on these purchases would be $7,625.00 annually. Should a 15,000 square foot addition be built on the southern portion, an additional $2,750.00 annually in use tax can be expected. Northern portion. Should the northern portion of the property be developed with a 178,000 square foot use similar to the southern portion, use tax for purchases of equipment and supplies would be in the amount of $35,000.00 annually. 2. Permit Fees Building Permit Fees Southern portion. The Building Division has estimated that expected permit fees for a 15,000 square foot addition to the southern portion will be approximately $5,805.85. Northern portion. The Building Division has estimated that expected permit fees for build- out of 178,000 square feet on the northern portion will be approximately $44,065.15. Engineering Permit Fees: Southern portion. The Public Works Department has estimated the permit fees for drainage permits at approximately $500.00. Northern portion. The Public Works Department has estimated the permit fees for drainage permits at approximately $600.00. Total one time use taxes and permit fees are estimated at $232,705.00 for construction of the northern portion of the property only. Total one time use taxes and permit fees are estimated at $254,811.00 for construction of the northern portion of the property and an additional 15,000 square feet of construction on the existing medical facility. 3. Sales Tax An insignificant amount of sales tax would be expected from the existing and any additional medical facilities on the southern portion of the property, and if the northern portion of the property develops with similar uses. If this occurs, there will still be jobs created by the DRAFT development which will, in turn, produce an economic benefit from workers using retail and service establishments in the area. However, the revenue picture could be dramatically different if a hotel or shopping center with grocery store developed on the site. An upper scale hotel could generate $225,150.00 annually in sales and lodging taxes. A shopping center anchored by a grocery store with miscellaneous retail uses totaling 100,000 square feet would generate $685,000.00 annually in sales tax revenue. The summary at the end of this memo presents a conservative estimate of revenues versus costs based on various land use assumptions. 4. Property Tax In estimating the annexation's property tax benefit to the city, I have assumed that the northern portion will be developed as 178,500 square feet of office/medical/research and development uses, and the southern portion will be improved with an additional 15,000 square feet of medical building. Southern portion. Bases: 37,680 existing square feet would yield a property tax to the city of $1,848.00 annually. If an additional 15,000 square feet were built, the property tax to the city would be a total of $2,594.00 annually. Northern portion. Basis: 178,500 square feet. Estimated tax revenue of $10,796.00 per year to the city upon project completion. Ongoing revenue is estimated at: 1. $9,473.00 annually with no improvements or expansions to the northern or southern portion of the property. 2. $12,969.00 annually with a 15,000 square foot addition to the southern portion of the property and no improvements to the northern portion of the property. 3. $55,269.00 annually with a 178,000 square foot improvement to the northen portion of the property and no addition to the southern portion of the property. 4. $58,765.00 annually with full improvement to the southern and northern portion of the property. 5. $690,000.00 in sales and property taxes annually from the northern portion only if developed as a 100,000 square foot retail center with major grocery store. 6. $230,000.00 in sales, lodging and property taxes annually from the northern portion only if developed as a higher end hotel. II. COSTS 1. Police The Police Department has stated that the annexation of the property would cause a minimal impact on law enforcement resources. Based upon a recent annexation of comparable but larger size, it is estimated that upon complete project build-out for the uses prescribed in the Annexation Agreement, approximately two drive-throughs of the proj ect per day would be necessary. The total cost for police services is estimated at $3,500 per year. All police services will be achieved without the need for additional staff or equipment. DRAFT 2. Public Works Ward Road is a State responsibility with no maintenance costs to the City. Should the entire property be fully developed, it is not expected that said development would include public internal roadways. Therefore, no cost impacts from the annexation or the full development of the property are expected to the Public Works Department. III. INTANGIBLE BENEFITS As yet immeasurable economic benefits to the city from annexation of this property are relative to the future redesign of the Ward Road/I-70/Highway 58 intersection. The Colorado Department of Transportation has identified the redesign of the Ward Road/I-70/Highway 58 intersection as a priority project. The redesign of this intersection is expected to be a major benefit to the City by enabling improved traffic flow, with as yet unknown potential for economic opportunities around the intersection. Not annexing this property to the City would result in a loss of opportunity from associated future development around the intersection, and a loss of opportunity for input to the Department of Transportation relative to the intersection design/improvement. Approval ofproperty annexation will ensure the City's receipt of the corresponding resultant economic/development opportunities IV. SUMMARY Net revenues (use tax on equipment and supplies plus property tax minus costs to the City to provide services) to the City considering all development alternatives for the subject property: 1. Net ongoing revenue of $5,973.00 annually with no improvements or expansions to the northern or southern portion of the property. 2. Net ongoing revenue of $9,469.00 annually with a 15,000 square foot addition to the southern portion of the property and no improvements to the northern portion of the property. 3. Net revenue of $51,769.00 annually with a 178,000 square foot improvement to the northern portion of the property and no addition to the southern portion of the property. 4. Net revenue of $55,265.00 annually with full improvement to the southern and northern portion of the property. 5. Net revenue of $686,500.00 in sales and property taxes annually from the northern portion only if developed as a 100,000 square foot retail center with major grocery store. 6. Net revenue of $228,500.00 in sales, lodging and property taxes annually from the northern portion only if developed as a higher end hotel. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. ZOA-98-01. An application by the City of Wheat Ridge to amend Section 26-30(L) of the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertilizer and buildings. It was moved by Commissioner SNOW and seconded by Commissioner GOKEY to continue Case No. ZOA-98-01 to December 17, 1998 upon recommendation of the City staff. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. B. Case o. ANX-98- Z-98-16. An application by Kaiser Permanente for approval to annex 32.886 a unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. In response to a question from Commissioner SNOW, Mr. White explained that Gerald Dahl, City Attorney, advised him the zoning portion of this case could not be decided at this meeting due to the lack of quorum for the November 19th Planning Commission meeting when the matter was originally scheduled and the publication requirements not being satisfied. He advised that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He reviewed the staff report and presented overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner THOMPSON expressed concern about impact on the proposed annexation would have on possible incorporation of the Fairmount area. Mr. Omer replied that, from an economic standpoint, it would seem that incorporation by Fairmount is no longer viable. Mr. White stated that annexation petitions take precedence over incorporation petitions and that the Fairmount incorporation election was set aside for the cities of Arvada, Wheat Ridge and Golden to take action on annexation. Decisions on annexation would have to occur before a judge would allow incorporation proceedings. Commissioner THOMPSON asked if rezoning can occur without a formal motion from Planning Commission. Mr. White replied that Planning Commission will be making a formal motion at the December 17 hearing; however, comments from the Planning Commission at this meeting would to be forwarded to City Council as part of the staff report. Planning Commission 12/03/98 In response to questions from Commissioner MacDOUGALL, Mr. Omer stated that the existing wetlands would have to be taken into consideration by the public works department if the property south of the Kaiser facility and north of the RTD park-and-ride were to be developed. Thomas Currigan 10350 East Dakota Avenue, Denver Mr. Currigan was sworn in by Chair BRINKMAN. He was appearing as a representative of Kaiser Permanente and invited questions from the Commission. Commissioner GOKEY asked if Kaiser had any plans for development for the remainder of the property. Mr. Currigan replied that there were no immediate plans; however, there was a long- range plan to expand the existing building and that such expansion would depend on membership growth and other factors. The projected expansion would be approximately 14,000 square feet. He stated that it would be likely that the northern parcel would be sold in the future, but it was not on the market at this time. Commissioner GOKEY asked about the proposed highway interchange at Highway 58 and I- 70. Mr. Omer replied that the proposed intersection would directly impact Ward Road. He advised the Commission that the Ward road interchange had been placed on the priority list for the Colorado Department of Transportation. Commissioner GOKEY asked if Kaiser could make a decision regarding the recreation district they wished to belong to. Mr. Omer replied that this would be Kaiser's decision. Currigan commented that this question had not been explored by Kaiser. Mr. White clarified for the record that annexation into the City of Wheat Ridge includes belonging to the City recreation district. Commissioner THOMPSON expressed concern about possible development of the souther portion of the property and whether or not it would have safe access to Ward Road. She was concerned that if the interchange should take out the park-and-ride, that the southern portion of Kaiser's property could be sold and joined with the remaining park-and-ride land. Commissioner GOKEY expressed concern with talking about future subdivision plans at this time. In response to a question from Chair BRINKMAN, Commissioner SNOW replied that the City of Wheat Ridge has a contract with a private ambulance company. Commissioner SNOW asked if there were future plans for Kaiser to build a hospital on this site. Mr. Corrigan replied that there was no intention to build a hospital facility on this site, and that Kaiser only planned to expand the present clinic facilities. Planning Commission 12/03/98 i Commissioner COLLINS moved and Commissioner SNOW seconded that Case No. ANX-98- 4, a request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B" be recommended to the City Council for APPROVAL 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 development of the subject property. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Commissioner THOMPSON asked if there were any plans for the City of Wheat Ridge to annex any more land to the north to square off the boundaries to 52nd Ave. Mr. White replied that all landowners up to 52nd Avenue have been contacted by the City and there has only been one affirmative response. He also stated that if the Kaiser annexation is approved, it would give the City the 1/6 contiguous land necessary for possible annexation to the north. Chair BRINKMAN invited comments from the Commissioners regarding zoning issues on this case. Commissioner SNOW stated that she would prefer to see any large-sized commercial parcels come in as planned commercial developments in that it gives more flexibility to the City and, most of the time, to the land owner. She expressed concern that, in the past, commercial zonings have been approved for certain uses and then were somehow expanded beyond the original intent. Mr. White stated that the annexation agreement would be recorded and, therefore, the list of uses would become part of the permanent record in the real estate records of the County. Mr. Omer stated that the annexation agreement would be a part of City Council action on this matter when the ordinance is adopted and that the allowed uses would be an exhibit to the zoning ordinance. He commented that there is currently nothing tangible to create a planned development because future use is not known at this time. Commissioner THOMPSON asked why nursing homes were excluded from the list of allowed uses. Mr. White replied that any land use of that type demands more City services than the revenue generated from the use. Commissioner THOMPSON stated that she would like to see staging areas for tourist and casino buses added to the list of prohibited uses for this parcel of land. She also stated that she would like to seethe parks and recreation district concerns addressed. Commissioner BRINKMAN stated that she did not condone the commercial uses on the list based upon her approval of the annexation. Planning Commission Page 4 12/03/98 Commissioner SNOW moved and Commissioner THOMPSON seconded that the record reflect the Planning Commission did not consider approval or disapproval of the list of uses contained in Exhibit C as part of the prior vote for approval of the annexation. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. (Chair BRINKMAN declared a recess at 9:10 p.m. The meeting was reconvened at 9:20 p.m. C. Case No. ANX-98-05/WZ-98-17: An application by the Regional Transportation District for approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-l. Property is located at 4695 ward Road and known as the RTD park-and ride. In response to a question from Commissioner SNOW, Mr. White explained that Gerald Dahl, City Attorney, advised him the zoning portion of this case could not be decided at this meeting due to the lack of quorum for the November 19th Planning Commission meeting when the matter was originally scheduled and the publication requirements not being satisfied. He advised that comments regarding zoning could be taken for the record. This case was presented by Martin Omer. He stated that although action could not be taken on the zoning portion of the case (as with the previous case), comments would be received for the record. He reviewed the staff report and presented overheads and slides of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He advised that staff recommended approval of the annexation and that there was jurisdiction for the Commission to hear the case. Commissioner SNOW commented that, in the future, she would like to see the planned developments and conditions that already exist on the site presented in larger print. She asked why there was a difference between the list of zoning exhibits for the RTD property and the Kaiser property. Mr. White replied that the list was comprised while working with RTD. RTD has a concept for some of the park-and-ride facilities in the metro area to provide some commercial convenience uses such as shoe repair shops, convenience stores, etc. These businesses would not create additional traffic but would be for the convenience of bus riders. Commissioner SNOW requested an entire list of everything that is ordinarily allowed in the C- 1, RC and RC-1 zone districts and stated that it would also be very helpful if the allowed and disallowed uses were all listed on one sheet. She expressed concern that, in the future, these parcels may become one and the land uses should be compatible. Commissioner GOKEY commented that he thought it was unfair to the applicants to try to come up with some sort of development plan at this time. In regard to Commissioner SNOW's concerns regarding the possibility of combining the properties for development, Mr. White stated that RTD acquired their land from the CDOT, and that a reverter clause is in existence which states that if the park-and ride facility ceases to exist, the property would revert to State ownership. Planning Commission Page 5 12/03/98 PUBLIC HEARING SPEAKERS' LIST Case No. f},II X 9 ~ -O q Z Date: 1)6c- m$E(Z- 3 F 199 f3 Request: II/041CSCT/ou /~/ti E fE ~ is T /4NN~X 3a. 8 AC4 S IA) 7--6 TF/-- n /ry OF lcJH 7 /elOCrt /I ilO z04I~- A S @- % - ~fSI03 tJJfiOD 80.4.0 (please print) Speaker Name Address/Phone In Favor Opposed NOTICE OF PUBLIC HEARING Notice is hereby given that the following Public Hearings have been continued from the Planning Commission meeting of November 19, 1998, and will be heard by the City of Wheat Ridge PLANNING COMMISSION on December 3, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case o AN3~8 4%WZ-98-I6: An application by the City of Wheat Ridge for app oval to 32.886 acres of unincorporated land into the City of Wheat Ridge and to zo property as C-.1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. Said property is legally described as follows: 2. Case No. ANX-98-05/WZ-98-17: An application by the City of Wheat Ridge for approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located north of I-70, west of Ward Road, south of Kaiser Permanente Medical Center and east of Mt. Olivet Cemetery and known as the RTD park-n-ride. Said property is legally described as follows: Barbara Delgadillo, ecording Secretary ATTEST: Wanda Sang, City CI To be Published: Wheat Ridge Transcript Date: November 27, 1998 CABwb=\PCRPTS\PLANGC0 W PUBHRG\ 12-03p2memingpub.wpd CITY COUNCIL MINUTES: November 23, 1998 Page - 7 - Motion by Mrs. Worth that Council Bill 42 be approved on first reading, ordered published, public hearing be set for Monday, January 11, .1 999 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. Dalbec; carried 8-0. Item 9. Council Bill 43 - An Ordinance adding a prohibition against violation of bail bond conditions to Article V of the Wheat Ridge Code of Laws. Council Bill 43 was introduced on first reading by Mr. DiTullio, who also read the title. Motion by Mr.`DiTullio that Council Bill 43 be approved on first reading, ordered published, public hearing be set for Monday, January 11, 1999 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. Donnelly; carried 8-0. Item 10. Council Bill 47 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Kaiser Permanente Ward Road Medical Facility generally located south of Colorado and Southern Railroad Tracks, north of the Regional Transportation District Ward Road Park-and-Ride, west of Ward Road and east of Mount Olivet Cemetary, in Jefferson County (ANX-98-04). Council Bill 47 was introduced on first reading by Mr. Siler; title read by the Clerk. Motion by Mr. Siler that Council Bill 47 be approved on first reading, ordered published, public hearing be set for Monday, December 14, 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 with the following condition that Planning Commission will meet to provide comments even if it requires a special session; seconded by Mr. DiTullio; carried 6-2 with Mrs. Dalbec and Mrs. Shaver voting no. Item 11. Council Bill 48 - An Ordinance zoning certain property known as Kaiser Permanente Ward Road Medical Facility generally located west of Ward Road, north of the Regional Transportation District Ward Road Park-and-Ride Facility, south of Colorado and Southern Railroad Tracks east of Mount Olivet Cemetary, within the City of Wheat Ridge, Colorado, as Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and Map to conform therewith. (Case No. WZ-98-16) Council Bill 48 was introduced on first reading by Mr. Siler; title read by the Clerk. QUASI-JUDICIAL I X Yes No PUBLIC HEARINGS CITY MGR. MATTERS X ORDINANCES FOR I ST READING PROC./CEREMONIES CITY ATTY, MATTERS ORDINANCES FOR 2ND READING BIDSIMOTIONS PUBLIC COMMENT RESOLUTIONS INFORMATION ONLY ELEC, OFFICIALS MATTERS AGENDA ITEM TITLE: AX-98-04/Kaiser Permanente SUMMARY/RECOMMENDATION: An Ordinance on first reading annexing 4803 Ward Road and known as the Kaiser Pennanente Medical Center into the City of Wheat Ridge. Adoption is recommended. ATTACHMENTS: 1) PC report of 11/19/98 2) Ordinance 3) Annexation AgreeMgLLt BUDGETED ITEM: Yes No FATI "I move that Council Bill No. -, be approved on first reading, ordered published, public hearing be set f Monday, December 14, 1998, at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved second reading, take effect 15 days after final publication." I C:\Barbara\CCRYI'S\anx98041st,wpd M~ AGENDA SPECIAL CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building FRIDAY. OCTOBER 23. 1998 5:00 P.M. Mayor Cerveny requested that City Clerk, Wanda Sang, call a special meeting of the City Council to consider two resolutions finding substantial compliance and setting a public hearing on annexations. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS RESOLUTIONS Item 1. Resolution 1687 - finding a petition for annexation of a parcel of land located in Section 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 (ANX-98-05) (RTD) Item 2. Resolution 1688 - finding a petition for annexation of a parcel of land located in Sections 20 and 17, 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 (ANX-98-04) (Kaiser) ADJOURNMENT CITY OF WHEAT RIDGE ,oF ""EgrP MEMORANDUM m TO: Mayor and City Council ~O~oRno° FROM: Robert C. Middaugh, City Manager SUBJ: SPECIAL MEETING TO CONSIDER ANNEXATION PETITIONS DATE: October 21, 1998 As the Council is aware the City has received petitions for annexation from RTD for their Park and Ride facility on Ward Road, and for the Kaiser-Permanente facility on Ward Road These petitions have previously been distributed to City Council as a communication from the City Clerk as required by State statute. One of the procedural steps that must be taken in an annexation process is the adoption of a resolution making certain findings of fact at the beginning of the process. The resolution makes certain statutory findings that confirm among other things that contiguity exists with the annexing jurisdiction, and that other certain statutory requirements are met before the annexation can proceed. It is important for the Council to note that this preliminary resolution making findings of fact in no way approves the annexation or zoning for the subject property. The resolution is procedural and only a first step in order to move forward with the entire annexation process later on. When we received the petitions, we believed that it was possible to wait to adopt this preliminary resolution until after the November 3 election. Unfortunately, we have learned that there is a court case that might be interpreted to mean that filing is the time of the City Council's adoption of the preliminary resolution making certain findings for the parcels to be annexed In order to protect the City's right to proceed with the annexation and to assure that there can be no possibility of a challenge mounted later, it is important that the City Council pass the attached resolutions for the two parcels in question. As indicated, the resolutions are largely procedural and if some point later on in the process the City Council determines that an annexation is not appropriate, it can still be rejected at that point in time. The City Council's indulgence in conducting a special meeting for this purpose is certainly appreciated, and it will protect the City's interest over the long term Approval of the resolutions is recommended. Respectfiilly submitted, Robert C. Middaugh City Manager M10.21 GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: Mayor and City Council.. FROM: Gerald E. Dahl DATE: October 20, 1998 RE: Administrative Requirement for Filing of Annexation Petitions with the City Council As Council is aware, the City has received two petitions for annexation of property north of 1-70 and west of Ward Road. Those petitions have been received by the City Clerk and transmitted to the City Council as required by the annexation statute. In reviewing the statute and case law from the early 1980s, I have concluded that, to complete the administrative function of the "filing of the petitions" with the Council, the Council must adopt the required resolution, finding substantial compliance with the statute (1/6 contiguity; proper signatures, etc.) and setting a public hearing on the matter. The annexation statute states that once annexation petitions have been filed with the Council, the incorporation election process does not affect the ability of the municipality to later act to annex the property. In order for the Council to preserve its option to decide (in December) whether or not to annex either of these properties, it is necessary that the required statutory step of "filing" the petitions be completed on or before October 23, 1998. 1 suggest a short special meeting pursuant to Section 5.2(a) of the Charter to accomplish this. I want to emphasize that the Council's action in adopting a resolution finding substantial compliance and setting an annexation hearing is an administrative step only, and does not affect, in any way, the Council's later decision on whether or not to annex the property after the hearing is held. All this administrative step does accomplish is to preserve the Council's ability to make that later decision. I do not anticipate that these two resolutions will consume more than 15 minutes at the special meeting. GED\53027\299360.01 TO: Wanda Sang, City Clerk FROM: Gretchen Cerveny, Mayor Pursuint to Charter Section 5.2(a), I request that you call a special meeting of the City Council for: 5:00 p.m. Friday, October 23, 1998 City Council Chambers 7500 West 29' Avenue Wheat Ridge, Colorado The purpose of the meeting will be to consider two resolutions finding substantial compliance and setting a public hearing on annexation. CITY OF WHEAT RIDGE, COLORADO NOTICE OF SPECIAL MEETING PUBLIC NOTICE IS HEREBY GIVEN of a special meeting of the Wheat Ridge City Council, called pursuant to Section 5.2(a) of the Wheat Ridge Home Rule Charter for the following date, time and location: 5:00 P.M. Friday, October 23, 1998 City Council Chambers 7500 West 29' Avenue Wheat Ridge, Colorado The purpose of the meeting will be to consider a resolution mandating substantial compliance and setting a public hearing on annexation. Given this 20th day of October, 1998. Wanda Sang, City Cle Posted in the office of the City Clerk on October 20 , 1998. Published in the Rocky Mountain News on October 22 , 1998. Delivered to the City Council members pursuant to Charter Section 5.2(a) on October 22 , 1998. AGENDA ITEM RECAP AGENDA ITEM QUASI-JUDICIAL - X Yes No 23 October 1-?', 1998 _ PUBLIC HEARINGS _ CITY MGR. MATTERS _ ORDINANCES FOR I ST READING _ PROC./CEREMONIES _ CITY ATTY. MATTERS _ ORDINANCES FOR 2ND READING _ BIDS/MOTIONS _ PUBLIC COMMENT X RESOLUTIONS INFORMATION ONLY ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: ANX-98-04/KAISER SUMMARY/RECOMMENDATION: Adopt a resolution finding a petition in compliance forannexation of the Kaiser medical center located 4803 Ward Road and to set a public hearing date to consider the annexation. ATTACHMENTS : I 1) Resolution tC 8 0 BUDGETED' _ ITEM: Yes No Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation Yes P1o SUGGESTED MOTION: -I move to adopt Resolution No. logo , finding a petition for annexation of a parcel of land owned by Kaiser to be in substantial compliance with the Colorado Revised Statutes and setting a public hearing date of December 14, 1998, to consider the annexation." C' ISar6ara`CCIt l'Tti`anis9tlOJkaimr.wpd Resolution No. 1688 Series of 1998 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 20 AND 17 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 (ANX-98-04) 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 14th day of December, 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 under 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 11. Section 30, as amended. 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.iROr'day of October, 1998. CITY OF WHEAT RIDGE, COLORADO Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk C U:ubara C'C'RI''fS'RE50-0R[)'k:u>ertcsolinJmypcmums wpJ EXHIBIT A Kaiser Property Beginning at the Southeast comer of the S.W. 1/4 of Section 17, Township 3 South, Range 69 West of the 6"' Principal Meridian. Said Southeast comer being the True Point of Beginning. Thence N 0 ° 18' 19" W along-the East line of the said S. W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 4V41 " W a distance of 929.88 feet. Thence S 01 ° 22'00" W a distance of 1,652.86 feet. Thence N 74° 34'48" E a distance of 960.63 feet. Thence N 0° 15' 12" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89° 44'4T' E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6" Principal Meridian. Thence N 0° 15' 12" W, along the said East line of the N.W. 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning , This parcel contains 1,432.534.23 sq. ft. or 32186 acres The perimeter length is 4.977.06 feet 31-12-105 Government - Municipal 65 2- fax . sions have been included in the annotations to the county ownership of the street for u hi s • t s section. of meeting the § 31-8-106(3) sole ownershi 4 Th i Pro e annexat on statutes are more than mere _ requirement in a city annexation ordinan P formalities. Johnston v. Citv Council, 189 Colo. Board of County Commis v. it y & County anon purl o 345.540 P.2d 1031 (1975). Denver, 190 Colo. 8, 543 P.2d 321 (1975). - i d C i of d re . r ontigu if a requ tor boundaries for But a public way or a on of a public an percentage of s are fwd: J _ t can be utilized as a nonconti ous bounds Contiguous with those Cit of Littleton the annexed territory, since the statute contai olur with , w n v g t Colo. 346, no such restriction. Board of County Comm' rxv; ; (1959) anm . City & County of Denver, 37 Colo. App.395,5gg ; Specific findings required for proposed area P.2d 922 (1976). date - for annexation. In a unilateral annexation ur- Legal description held t b to substantial suant to section 31-12-106 (2), the legislative s lion pros compliance with the of this sm body with annexing authority must makes ecif- requir o em e ents of this seF r P lion. Slack v. City of Colorado Springs 655 E i fi di hear ' , s 2d n ngs at a hearing that the proposed area to 376 (Colo. 1982) t . ( • . be annexed has had the requisite boundary con- Eff distt ect of ditch. The statutory requirement of tiguity for the requisite period of time before to se such-an area is eligible for annexation by the contiguity is satisfied where par[ of the area to, to se I be annexed is bounded b ditch, the east side governing body. Cesario v. City of Colorado by a the Springs, 200 Colo. 459,616 P.2d 113 (1980), of which is contiguous to the city. Rice v. City of E l d ng ewoo , 147 Colo. 33, 362 P.2d 557 (1961)..` s: A resolution of the absolute factual existence hir of the one-sixth contiguity requirement is Contiguity basis for finding of community of w mandatory. Johnston v. City Council, 177 Colo. interest. With respect to the matters of commu' 3 any MI. 493 P.2d 651 (1972). nity of interest, that the territory is urban or will'.;.. mile The size and shape of a parcel to be annexed be urbanized in the near future, and that the ter-' pla a is immaterial and is conclusively a legislative ritory is integrated or capable of being integral•t • right problem. Board of County Comm'rs v. City & ed into the city, subsection (1)(a) of this section Prior County of Denver, 37 Colo. App. 395, 548 P.2d provides that the fact that the territory has th2'.;' have 9'_2(1976). contiguity with the annexing municipality ter,a But courts will not read into the annexation required by this article shall be a basis for a find; squa: statutes limitations relating to unusual or irregu. ing of compliance, and where there was a requi- ? term lar shapes or patterns of territory annexed, site continuity, the court erred in its criticism of ' muni Board of County Comm'rs Y. City & County of the findings of the city council. Breternitz v. City Denver, 37 Colo. App. 395,548 P.2d 922 (1976). of Arvada, 174 Colo. 56,482 P.2d 955 (1971). : once . Where the property annexed includes public Contiguity requirement not met where feder." divid streets, the court may include the perimeter of at land intervened between town and the pro ty i the streets in calculating whether, one-sixth of posed annexation and consent was not obtained ershi- the perimeter of the annexed property is con. from federal agency to divide that tract from the three tiguous to the annexing municipality. The one. rest of the federal lands. Caroselli v. Town'of M sixth requirement is in no way altered by § 31- Vail, 706 P.2d 1 (Colo. App. 1985). plant 12.105 (1)(e). Board of County Comm rs v City Subsection (1)(a) is not ambiguous; therefore' withit of Lakewood, 813 P.2d 793 (Colo. App. 1991). the court will not consider the legislative history (g) It is not permissible to include and use a coun. of the section to aid in construction. Board of " " ity sh ty street as the pole in order to meet the sub- County Comm'rs v. City of Lakewood, 813 P.2d a frar section (1) contiguity requirement, but to ignore 793 (Colo. App. 1991). : ^ but is y '31-1-1-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the con-' i trary, the following limitations shall apply to all annexations: wt h i (a) In establishing the boundaries of.any territory to be annexed no land held in iden of thi: , tical ownership, whether consisting of one tract or parcel of real estate or two or more con= va lid tiguous tracts or parcels of real estate, shall be divided into separate parts or parcels with-' Sot out the written consent of the landowners thereof unless such tracts or parcels are adder separated by a dedicated street, road, or other public way. L 97 (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more 1. contiguous tracts or parcels of real estate, comprising twenty acres or more (which, togeth- 11. er with the buildings and improvements situated thereon has a valuation for assessment in 111• excess of two hundred thousand dollars for ad valorem tax purposes for the year next pre- IV, ceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the 1. annexing municipality as they exist at the time of annexation. In the application of this para- C J graph (b), contiguity shall not be affected by a dedicated street, road, or other public way. , . tions l (c) No annexation pursuant to section 31.12-106 and no annexation petition or petition , Law for an annexation election pursuant to section 31-12-107 shall be valid when annexation Gambit 650; 651 Annexation - Consolidation - Disconnection 31-12-104 occupancy of buildings upon %V nnexed. Subject to the requirements imposed by section 31-12-105 (1) (e), contiguity may I' I I i , !'.z a be established by the annexation of one or more parcels in a series which annexations may :ntirely contained within the r be completed simultaneously and considered together for the purposes of the public hear- I, ' I lag requtred by sections 31-12-108 and 31-12-109 and the annexation impact report I l l i! , t owner has exactly the same'. required by section 31-12-108.5. ! eels of land. • r (b) That a community of interest exists between the area proposed to be annexed and I ; A interest in a given parcel ' of the owner in fee of an undi•' the annexing municipality; that said area is urban or will be urbanized in the near future; nd that said'•area is integrated with or is capable of being integrated with the annexing if an undivided interest in the' a municipality. The fact that the area proposed to be annexed has the contiguity with the ` nnexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a I , aroperty in the area proposed a finding of compliance with these requirements unless the governing body, upon the basis of .east eighteen years of age as :y competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: a the effective date of the rest (I) Less than fifty percent of the adult residents of the area proposed to be annexed ; hearing first commences 8 ri I.!-, make use of part or all of the following types of facilities of the annexing municipality: led in part 1 of article 1 of this x; Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five per- ~Iti, annexed. ' off? m vested-with the muni i l cent of said area's adult residents are employed in the annexing municipality. If there are no this standard shall not apply idents at the time of the hearing c pa . , adult res ! ! ~ e, including but not limited tots O II One-half or more of the land in the area proposed to be annexed (including streets ) " rids, water and sanitation dis•'' is agricultural, and the landowners of such agricultural land, under oath, express an intent i; aril ' 1 districts,= tion to devote the land to such agricultural use for a period of not less than five years ,(j •I ing place within the area pro $i' (III) It is not physically practicable to extend to the area proposed to be annexed those I,~G urban services which the annexing municipality provides in common to all of its citizens on ji comes liable for ad valorem aexed during a specified Peri• Je the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed J ! I nd of improvements for resi• is provided or will within the reasonably near future be provided with any service by or h a quasi-municipal corporation. throu JJ . • g f hi i i ublic flood control, and recre•c t s sect on may 2 a The contiguity required by paragraph a of subsect on O 1 o O Y O awing crops, truck gardetiing, not be established by use of any boundary of an area which was previously annexed to the 1 term also applies to vacant ~ annexing municipality if the area, at the time of its annexation, was not contiguous at any with li c li h i i i i i oment by such steps as subdi• , erw ncomp an e pa ty, was not ot se ng mun c point with the boundary of the annex F 1 sewer lines, construction of is paragraph (a) of subsection (1) of this section, and was located more than three miles from As. the nearest boundary of the annexing municipality, nor may such contiguity be established ! ?}!,q by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. llites which are i l t i f di t d i i nt at any time, he was aoI'tbe S. c pa sa e , on o sconnec e mun on or expans (b) Because the creat hi ti l f ' of a single lot at the time he h s ar c e as t sought to be prohibited by this subsection (2), violates both the purposes o expressed in section 31-12-102 and the limitations of this article, any annexation which uses i to to the petition, and since t e than 50 percent of the area proo- any boundary in violation of this subsection (2) may be declared by a court of competent , I V, vexed had not joined in seeking```,```.:. ' jurisdiction to be void ab initio in addition to other remedies which may be provided. The h l l ! .~iF ;i 11 1 the ordinance of the city couuala h y to suc an l not app provisions of section 31-12-116 (2) and (4) and section 31-12-117 sha , mnex the acres included in Ih~, annexation. Judicial review of such an annexation may be sought by any municipality hav- Elkins v. City & County o[ Dwa. i2 402 P 2d 617 1965) ing a plan in place pursuant to section 31-12-105 (1) (e) directly 'affected by such annexa- , . ( . lion, in addition to those described in section 31-12-116 (1). Such review may be, but need and public ways In an area were k ' l d i l l i not be, instituted prior to the effective date of the annexing ordinance and may include ~ e n ca cu ng the area to at m injunctive relief. Such review shall be brought no later than sixty days after the effective k County of Denver v. Hol Y , date of the annexing ordinance or shall forever be barred. 00 P.2d 901 (1965). . ,i .pC ' O ' (c) Contiguity is hereby declared to be a fundamental element in any annexation, and " iiW! r ut oard of County Comm rs V. :aver, 193 Colo. 325,566 P.2d 335 this subsection O 2 shall not in any way be construed as having the effect of legitimizing in a !.J.; i ny way any noncontiguous annexation. • r, a -R e Source: L. 75: Entire title R&RE, p. 1078, § 1, effective July 1. L. 87: (1)(a) amended, p. ble for annexation if the gov Is and determines: ' ' tt " 1218, § 1, effective May 28. L. 91: O 2 added, p. 763, § 1, effective May 15. Y [I,, I fie ea proposed to be annexe d Cross references: For annexation of unincorporated areas, see § 30 of article If of the Colorado Con- l t be affected by the existen.p ' nitut!on. : public the private transporro of e`' - state [he United States Am. Juc2d. See 56 Am. Jua2d, Municipal Annotator's note. Since § 31-12-104 is similar Cor eal and or th 1975 re § 31 104 i t i f 8 , , •servoir, stream, or other nz4 i - p e p at ormer pr or o . . ons, Etc., § § 55, 56. to CJ-S. See 62 C.J.S., Municipal Corpora- reenactment of this title, and laws antecedent and the land proposed IO . r,r. [ions, 146. thereto, relevant cases construing those provi- i. 652 awnership of the street for purposes "y th § 31 8 106 3 l e - - ( ) so e ownership it in a city annexation ordinance, ounty Comm is v. City & County of l f~ i Co o. 8,543 P.2d 521 (1975). . alic way or a portion of a public way, ; zed as a noncontiguous boundary of I territory, since the statute contain . riction. Board of County Commis V . aty of Denver, 37 Colo. App. 395,548 76). scription held to be in substantial with the requirements of this sec. r. City of Colorado Springs, 655 P.2d 982). ditch. The statutory requirement of satisfied where part of the area to \ is bounded by a ditch, the east side ` :ontiguous to the city. Rice v. City of r 147 Colo. 33,362 P.2d 557 (1961)., ' y basis for finding of community of ;S .h respect to the matters of commu-, :st, that the territory is urban or will y, I in the near future, and that the ter. : f :grated or capable of being integral- rt ity, subsection (1)(a) of this section " it the fact that the territory has the' with the annexing municipality ; this article shall be a basis for a 6ndr, iiance, and where there was a requi. ty, the court erred in its criticism of of the city council. Bretemitz v. City 74 Colo. 56,482 P.2d 955 (1971).,; ' ,r requirement not met where feder•' -vened between town and the pro ation and consent was not obtained' agency to divide that tract from the . . .ederal lands. Caroselli v. Town of I1 (Colo. App. 1985). a (1)(a) is not ambiguous; therefore' I not consider the legislative history in to aid in construction. Board of " im'rs v. City of Lakewood, 813 R2d, pp. 1991). •q Asions of this part 1 to the con-`, _ s: ' annexed, no land held in ide.n 'real estate or two or more con= t separate parts or parcels with-, ess such tracts or parcels are I to be annexed, no land held in' :el of real estate or two or more :y acres or more (which, togeth- as a valuation for assessment in purposes for the year next pre- ithout the written consent of the hin the outer boundaries of the i.In the application of this para- reet, road;,or other public way. ) annexation petition or petition ' ;hall be valid when annexation ' 653 Annexation - Consolidation - Disconnection 31-12-105 proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the goveming body of the annexing municipality if action on the acceptance of such petition or on the res- olution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexa- tion procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or.annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (e) Except as otherwise provided in this paragraph (e), no annexation may take place which would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year.wthin said three- mile area, the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shalt have in place a plan for that area, which generally describes the proposed location, charac- ter, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the prop- erty is within the three-mile limit. In such event, the entire property held in identical own- ership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipal- ity shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Source: L. 75: Entire title R&RE, p. 1078, § 1, effective July 1. L. 87: (1)(e) to (1)(g) added, p. 1218, § 2, effective May 28. L. 96: (1)(h) added, p. 1770, § 69, effective July 1. L 97: (1)(c) and (1)(d) amended, p. 994, § 1, effective May 27. I. General Consideration. II. Land Not to be Divided. III. Land Comprising 20 Acres or More. IV Annexation of School District's Land. L GENERAL CONSIDERATION. C.J.S. See 62 C.J.S., Municipal Corpora. lions, § 46. Law reviews. For article, "Annexation: Today's Gamble for Tomorrow's Gain-Parts I and 11". see 17 Colo. Law. 603 (1988). For article,"ADR Techniques in Municipal Annexations", see 18 Colo. Law. 901 (1989). Annotator's note. Since 131-12-105 is similar to former § 31.8.105 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant eases construing those provi- sions have been included in the annotations to this section. A statute is presumed to be constitutional, and to be declared unconstitutional it must be 6%.10 or conditioyl 'tended § 2, effecti H of the Col' ,n a two-thuds Lion (2) of this ngs, 20o Col.' r period, ')be the area to he' s for a three-' f which can be' ae effective a,: > Pomponio g .496 P.2d 9pg' ,its contigullp, :us than two. :mg city, the :xed area and to warrant a erger, where, red has over :zing city, the yeas is or can e allowed to the residents is recognizes in Springs is exation iaw he property an annexed vups of citi. :the borders ,mic base of 3lonies owe hing for the s these peo.. exation and e very exis. A Colorado affd, 399 55(1970).- in nature. :y has dele- s a city, that r. Board of Denver, 37 andated by property ttiguity for aencement rf county r, 37 Colo. to subset- annexing Annexation - Consolidation - Disconnection 31-12-107 Aority must make specific findings at a hear- ts that the proposed area to be annexed has gl the requisite boundary contiguity for the , quisite period of time before such an area is -gtble for annexation by the governing body. fssario v. City of Colorado Springs, 200 Colo. &.616 P.2d 113 (1980). - The size and shape of a parcel to be annexed almmaterial and is conclusively a legislative yoblem. Board of County Comm'rs v. City & County of Denver, 37 Coto. App. 395,548 P.2d 4(1976). • A public way or a portion of a public way ran k utilized as a noncontiguous boundary of the auesed territory, since the statute contains no such restriction. Board of County Comm'rs Y. oly & County of Denver, 37 Colo. App. 395,548 ?_Id 922 (1976). _ Streets not exempt from subsection (3). If the pneral assembly had intended that streets be ,%cluded from the definition of sole ownership, a would have provided an exception to that affect. Board of County Comm'rs v. City & County of Denver, 190 Colo. 8, 543 P.2d 521 (1975). Determination of sole ownership involving greet as only contiguous point. Even though contiguity is not affected by the existence of a greet the determination of sole ownership for purpose of annexation under § 31.12.106 (3) is affected by a street owned by an entity other ihan the annexing authority where that street constitutes the only contiguous land. Board of County Comm'rs v. City & County of Denver, 190 Coto. S. 543 P.2d 521(1975). Measurements for determining boundary contiguity confined to area's perimeter. The measurements for determining boundary conti. laity under subsection (2) of this section must be confined solely to the perimeter of the area proposed to be annexed. Cesario v. City of Col- orado Springs, 200 Colo. 459, 616 P.2d 113 (1980). Where city owns 50-foot strip in land to be annexed. Since the city council must decide whether annexation will be approved under § 31.12-107 (1)(g) where owners of 100 percent of the land to be annexed had signed the petition, no purpose would be served by requiring the city, as owner of a 50-foot contiguous strip in the land to be annexed, to sign a petition addressed to itself Likewise, to require that since the city has not signed the petition, it must first annex the 50-foot strip pursuant to subsection (3) of this section, would be to establish a procedure that does not comport with the legislative man- date that the purpose of the act is to provide for the "orderly growth of urban communities". Board of County Comm'rs v. City & County of Denver, 38 Colo. App. 171, 556 P.2d 486 (1976), affd,194 Colo. 252,571 P.2d 1094 (1977). County-owned street may be used as "pole". It is not permissible to include and use a county street as the "pole" in order to meet the section 31-12-104 (1) contiguity requirement, but to ignore the county ownership of the street for purposes of meeting the subsection (3) sole 'ownership requirement in a city annexation ordinance. Board of County Comm'rs v. City & County of Denver, 190 Colo. 8, 543 P.2d 521 (1975). Where plaintiffs fail to go forward to demon. strafe any deficiency In boundaries to defeat the contiguity requirement, findings of ultimate fact are substantially in the language of the statute and are sufficient when based on evidence not specifically controverted by other evidence in the record. Adams v City of Colorado Springs, 178 Colo. 241, 496.P.2d 1005 (1972). Applied in McArthur v. Zabka,177 Colo. 337, 494 P.2d 89 (1972); Slack V. City of Colorado Springs, 655 P.2d 376 (Colo. 1932). 31.12.107. Petitions for annexation and for annexation elections. (1) Petition for annexation: (a) The landowners of more than fifty percent of the area, excluding public streets and alleys, meeting the requirements of sections 31-12-104 and 31.12-105 may petition the gov- erning body of any municipality for the annexation of such territory. (b) The petition shall be filed with the clerk. (c) The petition shall contain the following: (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met; (III) An allegation that the signers of the petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys; (IV) A'request that the annexing municipality approve the annexation of the area pro. Posed to be annexed; (V) The signatures of such landowners; (VI) The mailing address of each such signer; (VII) The legal description of the land owned by such signer; (VIII) The date of signing of each signature; and ' i r i1 '1 31-12-107 Government - Municipal 658'.., ` 6-59 z (IX) The affidavit of each circulator of such petition, whether consisting of one - ' or : more sheets, that each signature therein is the signature of the person whose name it pus- anne• there: ports to be. (d) Accompanying the petition shall be four copies of an annexation map containin 4c(3.) the following information: (I) A written legal description of the boundaries of the area proposed lobe annexed- ' yh~IlP (1I) A map showing the boundary of the area proposed to be annexed; pursu: (III) Within the annexation boundary map, a showing of the location of each ownership , tract in unplatted land and if art or all of the area i l t d h b d least t , p s p at e , t e oun aries and the plat : scctlo numbers of plots or of lots and blocks; (j) (IV) Next to the boundary of the area proposed to be annexed, a drawing of the co . s t o tiguous boundary of the annexing municipality and the contiguous boundary of any other ` [ions (5) ' municipality abutting the area proposed to be annexed. Sol (e) No signature on the petition is valid if it is dated more than one hundred eighty day= ' v yod prior to the date of filing the petition for annexation with the clerk. All petitions which sub. -t prose, stantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection Y that ar (1) shall be deemed sufficient. No person signing a petition for annexation shall be permit. year led to withdraw his signature from the petition after the petition has been filed with the 'u naturt clerk, except as such right of withdrawal is otherwise set forth in the petition. locate (f) The clerk shall refer the petition to the governing body as a communication. Thd 3 borne governing body, without undue delay, shall then take appropriate steps to determine if the < (6) petition so filed is substantially in compliance with this subsection (1). is then (g) If the petition is found to be insubstantial compliance with this subsection (1), the-- munici procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not is ~ (7) substantial compliance, no further action shall be taken; except that the governing body this se: shall make such determination by a resolution and except that when the petition is signed fee of by the owners of one hundred percent of the area proposed to be annexed, exclusive of ; truing streets and alleys, the governing body may by ordinance annex such area to the municipal.': lion fo ity without election, as provided in section 31-12-111, unless additional terms and condi=' compu lions are to be imposed. The ordinance annexing such area shall include a statement that ' taxes is the owners of one hundred percent of the area have petitioned for such annexation. 63 who is (2) Petition for annexation election: of the 1 (a) The qualified electors may petition the governing body of any municipality to com• ceding mence proceedings for the holding of an annexation election in the area proposed to be it, shall . annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this (8) subsection (2) and either: (I) Shall be signed by at least seventy-five qualified electors or ten percent of said elec. municif no such tors, whichever is less, if such area is located in a county of more than twenty-five thousand valid fo inhabitants; or (II) Shall be signed by at least forty qualified electors or ten percent of said electors' Sours whichever is less, if such area is located in a county of twenty-five thousand inhabitants 1452, § or less r . L. 97: ( (b) The petition shall be filed with the clerk. (c) The petition for annexation election shall comply with the provisions of paragraph; C (c) of subsection (1) of this section; except that: I it. P (I) Rather than an allegation of any certain percentage of land owned, it shall contain 1[I p an allegation that the signers of the petition are qualified electors resident in and landown- ers of the area proposed to be annexed; and .,n L (II) The petition shall request the annexing municipality to commence proceedings for Am 1 the holding of an annexation election. d Corporal (d) The requirements and procedures provided for in paragraphs (e) and (f) of subset, C U S lion (1) of this section shall be met and followed in a proceeding under this subsection (2). . . . [ions § 5 (e) If the petition is found to be in substantial compliance with this subsection (2), the , procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If the petition Law re Constit for an annexation election is not found to be in substantial compliance, no further action m (1963) F shall be taken; except that the governing body shall make such determination by resolution. • , for Toms, If the petition for an annexation election is found to be in substantial compliance with this Colo. Las section, the governing body may pass a resolution of intent to annex the land proposed for; niques in 901 dal 658 tion, whether consisting of one or e of the person whose name it pur= s of an annexation map containing the area proposed to be annexed;' )sed to be annexed; ig of the location of each ownership Matted, the boundaries and the plat r. ;k be annexed, a drawing of the con: contiguous boundary of any other ; more than one hundred eighty days .h the clerk. All petitions which sub-; agraphs (b) to (d) of this subsection : tion for annexation shall be permit: he petition has been filed with the t forth in the petition. 1;. ing body as a communication. The le rpropriate steps to determine if the,3t subsection (1). pliance with this subsection (1), the hall then be followed. If it is not in . :n; except that the governing body -pt that when the petition is signed,. )posed to be annexed, exclusive .of,7 annex such area to the municipal.-- unless additional terms and condi: area shall include a statement that q titioned for such annexation. T5; g body of any municipality to corn-, lection in the area proposed to`be A in paragraphs (c) and (d) of thus' f q,,~. electors or ten percent of said elec- 14 of more than twenty-five thousand. ors or ten percent of said electors, f twenty-five thousand inhabitants ;y with the provisions of paragraph„ :age of land owned, it shall contain., J electors resident in and landowq;~ n4~` ~ahty to commence proceedings for n paragraphs (e) and( f) of subsec- oceeding under this subsection (2) )liance with this subsection (2), th all then be followed. If the petition ntial compliance, no further action such determination by resolut insubstantial compliance with this r, ent to annex the land proposed for 659 Annexation - Consolidation - Disconnection 31-12-107 annexation, subject to the procedure outlined in sections 31-12-108 to 31-12-110 and subject thereafter to an annexation election to be held in accordance with section 31-12.112. (3) Procedures alternative. The procedures set forth in subsections (1) and (2) of this section are alternative to each other and to any procedure set forth in section 31-12-106; except that a petition for annexation election filed pursuant to subsection (2) of this section shall take precedence over an annexation petition involving the same territory and filed last ten pursuant days pior subsection to the heaing date section set t for u petition filed annexation petition filed pursuant to sub- section (1) of this section. (4) Additional terms and conditions on the annexation. Additional terms and condi- tions may be imposed by the governing body in accordance with section 31-12-112. (5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territo- ry sought to be annexed meets the specifications of section 31-12-106 (1), the governing t body of the municipality with which the petition is filed shall thereupon initiate annexation I proceedings pursuant to the appropriate provisions of section 31-12-106 (1). In the event t that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney's fees incident to such action shall be borne by the municipality. (6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months. (7) For the purpose of determining the compliance with the petition requirements in this section, a signature by any landowner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the gov- erning body of the annexing municipality within fourteen days after the filing of the peti- tion for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next pre- ceding tax year. The signers for an area owned by a corporation, whether profit or nonprof- it. shall be the same persons as those authorized to convey land for such corporation. (8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and no such power of attorney executed before the effective date of this subsection (8) shall be valid for a term of more than five years after the effective date of this subsection (8). Source: L. 75: Entire title R&RE, p. 1080, § 1, effective July 1; (1)(d)(IV) amended, p. 1452, § 12, effective July 1. L. 87: (1)(e) and (1)(g) amended, p. 1219, § 3, effective May 28. L. 97: (5) amended and (8) added, p. 995, § 3, effective May 27. 1. General Consideration. Annotalor s note. Since § 31.12.107 is similar IL Petition for Annexation. to former § 31.8.107 prior to the 1975 repeal and III. Petition for Annexation Election. reenactment of this title, and laws antecedent thereto, relevant eases construing those provi- sions have been included in the annotations to L GENERAL CONSIDERATION. this section. Am. Jur.2d. See 56 Am. Jur.2d, Municipal The 1965 annexation act provided for alter- Corporations, Etc., § 71. nate methods of annexing land. Breternitz v. C.J.S. See 62 C.J.S.. Municipal Corpora. City of Arvada, 174 Colo. 56AS2P.2d955(1971). lions, § 56. pora- Procedures detailed. This section detailed procedures relating to petitions by those owners Law reviews. For article,"One Year Review of residing within or only owning land within the Constitutional Law", see 40 Den. L. Ctr. J. 134 area to be annexed. Tanner v. City of Boulder, (1963). For article ,"Annexation:Today'sGamble 151Colo. 283,377P.2d945(1962). for Tomorrow's Gain-Parts I and II", see 17 Differentiation or petitioner qualifications. Colo. Law. 603 (1988). For article, "ADR Tech- Except for differences regarding the qualifica- niques in Municipal Annexations", see 18 Colo. tions of the petitioners, the procedures under Law.9ol (1989). this section are substantially the same. City of 31-12-104 Government - Municipal 650 - 651 ordinance, code, or regulation relating to the construction or occupancy of buildings upon nnexed. Subj land or the preparation of such land for such construction. " a be established (4) "Enclave means an unincorporated area of land entirely contained within the. e, be completed h outer boundaries of the annexing municipality. " " in^ required Identical ownership (5) means a situation where each owner has exactly the same ' required by se requi degree of interest in each separate parcel of two or more parcels of land. " " That a Landowner (6) means the owner in fee of any undivided interest in a given parcel of the annexing i land. If the mineral estate has been severed, the landowner is the owner in fee of an undi. 4"' and that said . vided interest in the surface estate and not the owner in fee of an undivided interest in the municipality." t. mineral estate. - (7) Nonresident landowner" means any person owning property in the area proposed annexing mum finding of com , to be annexed who is not a qualifidd elector and who is at least eighteen years of age as competent evi. attested to by ssvorn affidavit. " " least two of th (8) . Period of notice for hearing means the time between the effective date of the res. `s. (I) Less th olution establishing the hearing date and the date when such hearing first commences . ' make use of p (9) "Qualified elector" means a registered elector, as defined in part 1 of article 1 of this Recreational, c title, who is a resident landowner of the area proposed to be annexed.' cent of said art - ' (10) "Quasi-municipal corporation" means a corporation vested with the municipal adult residents W powers for the accomplishment of a limited municipal purpose, including but not limited to' ' . (11) One-h domestic water districts, metropolitan districts, sanitation districts, water and sanitation dis. is agricultural, tricts, fire protection districts, recreation districts, and disposal districts " lion to devote (11) "Resident" . means one who makes his primary dwelling place within the area pro- (III) It is n posed to be annexed. urban services (12) "Taxpayer" means any person who has paid or becomes liable for ad valorem` the same term i taxes on real property located in the area proposed to be annexed during a specified peri-, standard shall od of time. is provided or $ (13) "Urban development" means the construction on land of improvements for resi. through a quas dential, institutional, commercial, industrial, transportation, public flood control, and recre. (2) (a) Tht ational and similar uses, in contrast to use of the land for growing crops, truck gardening, not be establisi grazing of farm animals, and other agricultural pursuits. The term also applies to vacant, annexing muni ground which has been or is being prepared for urban development by such steps as subdi. point with the I vision into lots or plots and blocks, installation of water and sewer lines, construction of paragraph (a) t access streets, and construction of railroad spur or branch tracks. the nearest hot by use of any t Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. indirectly coon Annotator's note. Since § 31.12.103 is similar the development at any time, he was not the t f 31 8 103 r 7 i h " " (b) Beeaus sought to be i o ormer § - . pr o to t e 19 5 repeal and owner in fee of a single lot at the time he p reenactment of this title, and laws antecedent affixed his name to the petition, and since the expressed in se thereto, relevant cases construing those provi- owners of more than 50 percent of the area pro- any boundary i j sions have been included in the annotations to posed to be annexed had not joined in seeking jurisdiction to I y this section. the annexation, the ordinance of the city council„ provisions of st Status prerequisites for parties. The require- purporting to annex the acres included in the' annexation. Jut . ments of ownership in fee and the liability for petition is void. Elkins v. City & County of Den-. ing a plan in pl taxes are both prerequisites for participation as ver,157 Colo. 252.402 P.2d 617 (1965). Lion, in additioi a proponent of the annexation, and the same The streets and public ways in an area were not be, institut requirements confront an opponent of the not to be included in calculating the area to be injunctive relic annexation. City & County of Denver v. Holmes, annexed. City & County of Denver v. Holmes, date of the arm • 156 Colo. 586,400 P.2d 901 (1965). 156 Colo. 586,400 P.2d 901 (1965). ' Con (e) Option-holder not owner in fee. Where the Applied in Board of County Comm rs v. City on this subsection holder of an option was under no obligation to & County of Denver, 193 Colo. 325,566 P.2d 335 exercise that option and could have abandoned (1977). any way any nc 31.12-104. Eligibility for annexation. (1) An area is eligible for annexation if the Bov. Source: L. effect 1218 § 1 effect erning body, at a hearing as provided in section 31-12-109, finds and determines: , , 4 (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is Cross referenn ' contiguous with the annexing municipality. Contiguity shall not be affected by the existence stitution. of a platted street or alley, a public or private right-of-way, a public or private transporta•. Am Jur 2d S i41 tion right-of-way or area, public lands, whether owned by the state, the United States, or an . . . Corporations. Etc agency thereof, except county-owned open space, or a lake, reservoir, stream, or other nat• C.1.5. See 62 ural or artificial waterway between the annexing municipality and the land proposed to be lions, § 46. ne City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat Ridge November 24, 1998 Dear Property Owner: This is to inform you that Case Nos. ANX-98-04 and WZ-98-16, applications to annex and zone property Commercial-One into the City of Wheat Ridge for property located at 4803 Ward Road and known as Kaiser Permanente; and Case Nos. ANX- 98-05 and WZ-98-17, applications to annex and zone property Commercial-One into the City of Wheat Ridge for the property located at 4695 Ward Road and known as the RTD Park-n-Ride will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Monday, December 14, 1998, at 7:00 p.m. All owners and/or their authorized representative of the parcels under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this public hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other person whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:V aAara\CCRPTS\PU NOTIMNX984&5&WZS WPD (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 D d G w W d ~ d d ~ d a O c Q - i • ~ d c ~ 2 i _ • dl d K c I I KI C > a `o d N 3 w - m ' ' p m n y 0 a y w o LOiO E o c 0 m u 0 o 0 0 0 0 0 0 0 0 0 0 y C 'O - n ° ° l d ~ aD rn of rn OJ m OD rn W rn N m aD m N m m x ~ d Q d ~L.. U c d c d~0 c dN c d c d c d c dY] c d~0 d O E" N O D C U O d d O Q d O Q N N O O > 9 N O O O N G C O d d N N d d N U d 0 0 N> m O d W N 0 d> U 67 T~ d E C 0 J rw C L O N~ a00 L O m O Q x o E L 0 o o Q = m0 a m U E vv y Q N O U ti N p C m f0 O U-~ a OK=U c> y U 2 ag y?v ` o via u Q m ` v ° 16 U j `w d o ` a Y w o o > C K d K y . d _ N nD l0 -p d f /I p C O d > K m A C C Q O d 7 0 0 0 t7 N d N 3 30•Y O d U O_ d 2 L U N d _ - U O S a d ` D -0 C ~,c d NO OO dN J N^ ~Q L L^ S P2 m ~ N G N ~ Q ~ ~ p C d y 2 O o ~ ~c UK iw E ❑ ❑ ❑ ® ❑ ❑ m Z d L r W N - U Q o 0 0 0 0 0 0 0 (7 O O rn m m m rn rn m rn co Q `d v a a v v a v v _ O E m m m m m F- > U z' w Z Q g W SFp LL N O~: Q z a Z Z F'o2 c Un~ a ~I a v I w W c K w •O ~ c d N ~v ~ a d c ~ ~ u a o N d C 2 > dl ~ m ~ c • d D d > a' >I d' N ° N ~ O " ' E y 0 0 U a y w c O ry o a c ~ v v m 1° 0 0 o O O r a - N - N Q°p Q°p m m rn m s m m x x _ y a % U q~ N N m X m % m X m X C C x C C x C q m Q N `o s U c m c N c q ~ N q q q N U _ 4 ° a m N O C L a Cf M q O m ° y N O ~j O c O > L Q U O C a 0 O > 0 q N 0 > m 0> ° c> m y.. ° q O 0 m M Cm0 d C qry ° Nm yQm `2 0O Q .`Q 0=0 O Y1Q° L m *M OQ 5 O E G7 N N N V K 0 U v1 N N W m = M C'c q l0 ~0 D C L. o NCD J m U<U (')n0 : Na N I ` a U 0 x U p0 mU p O U U '2 `N N ° N moo z d c U 3 q 0 c D 03 v m- v U 3 v v Nm c .qc 3a m - i E o y aN Q o o N O m o W i m m o K w m v u or °S n m o N 2 y v`m Q¢.~ oF-o aci IL HQ < 3m N r o uCN v to Z Q o q t n ~ U N 'N ` D W L N jO UI O N N U y C~ L> ~ 'C N "O K u~ 3 t > m K a N CLn w c ¢ i Y c _ ~ y r ~ . O WE U K i W A ❑ ❑ ❑ ® ❑ ❑ z N N U ¢ 0 0 0 ° 0 N 0 W N O O 0 rn 0 m 0 rn m m m m m m m m OO ~ r a v a a a v n W O a n m r m r rn r rn r rn r m m m m I->V z Q ui Q W 2 6 2I.-p > Z3 N 3: z o a } o W Z X02 d c I Un~ ❑L ~ a c d d u m w E d u O ~ VI ~ D a N Q d c y U U ` y ~ d C ~ 2 j dl m ~ a C 7 a a a Imo a E 0 ` 0 m L p ~ o a c 0 .2 N~v= d m m m x"" d U c c Q m° c d d d u 0 O _ . O n N m O C 1 C M d0 d L~-'O O Y a y U0 Y~ O d - > W Q m L N N d N ❑-p O- Q m LL O ~ d y < O N m p> O N Q N m O N y l ~ v ai W U pO O ~UU C6 0. co ai M(L v M .o c c° g m d na R v 0 v K IL N m 0 12 2 mc: 3L mo rn _ v N O C7 W oa Cl L~ C N N av~oN ` V Q V ~ 'o c E d d c O L E I N ❑ ❑ ❑ ® ❑ ❑ Z d to w N _u r a o 0 0 C7 o a rn ~ ° m w ~ co d v v n w w Q E m m m F- 9 U z Q w p w 0 V5 LL N O~Q z o o w z Un~i a ~I i ne City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat GRidge November 20, 1998 Dear Property Owner: This is to inform you that Case Nos. ANX-98-04 and WZ-98-16, applications to annex and zone property Commercial-One into the City of Wheat Ridge for property located at 4803 Ward Road and known as Kaiser Permanente; and Case Nos. ANX- 98-05 and WZ-98-17, applications to annex and zone property Commercial-One into the City of Wheat Ridge for the property located north of I-70, west of Ward Road, south of Kaiser Permanente Medical Center and east of Mt. Olivet Cemetery and known as RTD Park-n-Ride were continued from the Planning Commission meeting of November 19 to their next regular meeting of Thursday, December 3, 1998 at 7:30 p.m. in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. All owners and/or their authorized representative of the parcels under consideration must be present at this hearing. As an area resident or interested parry, you have the right to attend this public hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other person whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C.B.,b.mTCR TSNLA GCOMW0 MGV X984&5&WZS WPD (303) 234.5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 RTD Mount Olivet Cemetery Assoc. CDOT Susan Altes 1280 W. 44th Avenue Attn: Randy Blea 1600 Blake Street Wheat Ridge, CO 80033 2000 So. Holly Street Denver, Co 80202 Denver, Co 80222 John Harper c/o Kevin Harper 766 So. Josephine Street Denver, CO 80209 City of Arvada 8101 Ralston Road Arvada, CO 80002 Alan McLean P.O. Box 208 Wheat Ridge, CO Lewis & Marie Lazaroff 550 So. Parfet Street Lakewood, Co 80226 Ralph, Charles, Verina Deorio 12550 W. 44th Ave. Wheat Ridge, CO 80033 Kaiser Foundation Health Plan Tom Currigan 80034-0208 10350 East Dakota Ave. Denver, Co 80231 Wayne Jensen 12505 W. 44th Ave. Wheat Ridge, CO 80033 Robert & Jan Christensen 11457 W. 75th Ave. Arvada, CO 80005 Public Storage Euro Partnership Dept. Pt. CO. 50702 P.O. Box 25025 Glendale, CA 91201 Ralph & Euangeline Mangone 2781 Berry Lane Golden, Co 80401 William Simmons 12400 W. 44th Ave. Wheat Ridge, CO 80033 Eugene & Laura Frisk 17400 Weld County Road 8 Brighton, Co 80601 Alexis Investments Corp. 11900 W. 44th Ave. Wheat Ridge, Co 80033 Hydrotropics Corp. 4830 Ward Road Wheat Ridge, CO 80033 Classic Car Care, Inc. 4415 Ward Road Wheat Ridge, CO 80033 Michael Crotty 12470 W. 44th Ave. Wheat Ridge, CO 80033 Evelyn Marshall 12550 W. 44th Ave. Wheat Ridge, CO 80033 MEMORANDUM TO: Martin Orner, Economic Development Specialist FROM: Darin Morgan, Codes Administrator 4~ DATE: November 20, 1998 SUBJECT: RTD /Kaiser Estimated permit fees for undeveloped areas RTD Site: = 7000 sq ft of buildable area 7000 sq ft x $70.23 per sq ft = $491,610.00 (Type II-N Construction) Building Permit = $ 3188.95 Use Tax = $ 7374.15 Total = $10563.10 Kaiser Site: = 178,500 sq ft of buildable area 59,500 sq ft x $70.23 per sq ft = $4,178,685.00 (Type 11-N Construction) Building Permit = $ 17212.10 Use Tax = $ 62680.28 Total = $ 79892.38 1191000 sq ft x $70.23 per sq ft = $8,357,370.00 (Type 11-N Construction) Building Permit = $ 26853.05 Use Tax = $125.360.55 Total = $152,213.60 15,000 sq ft x $70.23 per sq ft = $1,053,450.00 (Type 11-N Construction) Building Permit = $ 5805.85 Use Tax = 15801.75 Total = $21607.60 CITY OF WHEAT RIDGE ®K' GI 1 I NAL PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: November 19,1998 DATE PREPARED: November 10, 1998 CASE NO.: ` ANX-98- W -98-16 CASE MANAGER: Martin Orner REQUEST: LOCATION: APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: Approval of annexation and zoning 4803 Ward Road Kaiser Permanente Foundation Kaiser Permanente Foundation 10350 East Dakota Avenue Denver, Colorado 80231 32 Acres County Zoning: Planned Development Medical Center/vacant North: Planned Development and Industrial Three (County); South: Planned Development and Commercial One (County); East: Agricultural Two, Industrial, Commercial One, Planned Industrial and Planned Commercial Development (City); West: Agricultural Two (County) North: Retail, automobile services, offices, assembly; South: Park-and-ride transit facility; East: Retail, . manufacturing, offices, automobile sales, open space/undeveloped; West: Cemetery North Plains Community Plan: Retail, Office, Industrial and Residential (up to 15 units per acre) DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: October 30, 1998 November 3, 1998 November 4, 1998 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS O 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 with an address of 4803 Ward Road and known as the Kaiser Permanente Ward Road Medical Center. The annexation request, being case number ANX-98-04, is to annex two parcels under the same ownership into the City of Wheat Ridge. Should the annexation be approved, the parcels could then be zoned with one action, being case number WZ-98-16. In March of 1998, City staff and the property owner entered into discussions relative to the possible benefits of inclusion of this property within the City. The result of these discussions was recognition that annexing the property to the City was in the best interests of both parties. The property owner would be assured of quality City services including those of the Police Department. The City would achieve a more uniform incorporation shape with little impact to the costs of providing services. This is due to the fact that the current City limit extends north along the east side of Ward Road to 521 Avenue, resulting in City services already being provided to the general subject area, and that the use of the property as a medical center is considered a low impact land use relative to providing City services. Also, Ward Road is designated as a state roadway with road maintenance being a Colorado Department of Transportation responsibility, eliminating the need for the City to provide road maintenance services. Approximately 11.5 acres of the medical center property are currently developed as medical facilities, patient treatment areas, a pharmacy and parking. The remainder of the site, approximately 21 acres, is undeveloped. A significant portion of the undeveloped land wraps around the medical center parcel and also contains a pond which combine to limit the area available for future development. Case No. WZ-98-16 is to zone the property C-1, Commercial-One, for land uses complementary to and compatible with the existing medical center. Because the zoning of the property is directly related to its annexation into the City, the opportunity exists to implement specific restrictions, in this case relative to land uses, on the C-1 zoning. Exhibit B is the legal description of the properties proposed for annexation and zoning. Exhibit `C' is the proposed list of permitted and prohibited land uses for the property. Annexing and zoning the property as proposed will serve the interests of the City in the following ways: 1. The City receives the regulatory authority over fixture land use proposals for development of the property. 2. The City receives the economic benefit of any future development on the property with minor impacts to the City in providing services to the property. II. NEIGHBORHOOD MEETING A neighborhood meeting was held on November 4, 1998. The following persons attended: Martin Omer - Planning staff Susan Altes- Regional Transportation District Robert Rynerson-Regional Transportation District Tom Currigan- Kaiser Permanente Michael Wright-Mount Olivet Cemetery ANX-98-04/WZ-98-16 Page 2 Planning Commission The following items were discussed ♦ The current ridership/usage amount of the RTD Park-and-Ride. ♦ Access to the Mount Olivet caretaker residence. ♦ Status of I-70/Ward Road/Highway 58 interchange improvements (CDOT). ♦ Long term use ideas for both the park-and-ride and Kaiser properties. ♦ Status of commuter/light rail idea for the Colorado and Southern Railroad alignment. ♦ Mount Olivet's interest in reviewing the final Planning Commission staff report prior to the Commission hearing. 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: 1. 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. 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 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 practical 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 located on the east side of Ward Road in the general project area. It is reasonable to assume that any future development of the property will be urban rather than rural in nature, and that current and future users of the property, in particular employees working at the property, will make use of nearby commercial facilities within the City. On October 23, 1998, the Wheat Ridge City Council passed Resolution Number 1688 finding the petition for annexation in substantial compliance with Colorado State Statutes and setting a City Council hearing date of December 14, 1998 to consider the annexation. ANX-98-04/WZ-98-16 Page 3 Planning Commission 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, industrial and/or residential (with density of up to 15 units per acre) uses. The Applicant and City staff have produced an Annexation Agreement. The Agreement, upon formal acceptance by the City, is a legally binding document which establishes specific agreements between the City and Applicant relative to the annexation, zoning, required public improvements, vested rights, provision of water and sewer services and other aspects of the annexation. Of particular interest is the zoning of the property, which the Agreement addresses by incorporating, verbatim, the zoning restrictions as presented in Exhibit `C' of this staff report. 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 B is the legal description of the property proposed for zoning, while Exhibit C contains the proposed list of permitted and prohibited land uses for the property. Staff has the following comments regarding the criteria used to evaluate a zone change application: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The property is currently a part of unincorporated Jefferson County and is therefore not on the official zoning maps of the City of Wheat Ridge. City staff is not aware of any error in zoning at the County level. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The City Council has recently approved the annexation and zoning to Planned Development of approximately 50 acres located south and west of the Kaiser properties, for a project known as the 44th Industrial Park at 13500 W 44' Avenue. Therefore, the character of this general area is evolving to a more developed state. Nonetheless, Annexation Case Number ANX-98-4 is for property which is currently developed as a medical facility, with no immediate plans for the future development of the undeveloped portion of the property. 3. 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. ANX-98-04/WZ-98-16 Page 4 Planning Commission The City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed zoning use of C-1, Commercial-One with restrictions is in conformance with the North Plains Community Plan designation of retail, office and industrial land uses. The existing Jefferson County zoning, which will be superseded by City zoning, is Planned Development limited to the following permitted land uses: A. Medical offices B. Hospital C. Inpatient and outpatient care services D. Inpatient building support E. Ancillary care services F. Administrative care services G. General services These land uses are desirable and should remain for the developed portion of the property. If and when the northern portion of the site is developed, these uses, along with those listed in Exhibit C, would be complementary to and compatible with the uses occurring on the southern portion of the property. Staff finds that these permitted land uses are substantially similar to the retail, office and industrial specified in the Three Mile Plan. 4. 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 the RTD Ward Road Park-and-Ride then Interstate 70, on the east by Ward Road then retail and commercial uses and open/undeveloped land, on the west by Mount Olivet Cemetery and on the north by commercial and retail uses. Staff finds that the existing medical facility land use, combined with the Exhibit C permitted and prohibited uses, are compatible with the surrounding area and will have minimal, if any, adverse impacts on the surrounding area. 5. 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. 6. 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. ANX-98-04/WZ-98-16 Page 5 Planning Commission All applicable service agencies (water, sewer, telephone, etc.) can provide or are currently providing service to the property. Any future development of the property will be required to include site specific drainage facilities, if necessary. 7. 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. Any future development of the property will be required to include related improvements designed to mitigate any possible negative impacts, specifically site specific drainage facilities (if necessary) and deceleration/acceleration lanes (depending upon access agreements with the State Department of Transportation or shared access with the existing medical facility). The requirement for any such improvements shall be formulated at the time of actual development planning for the northern portion of the property. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently developed as a medical facility including patient treatment services, pharmacy, offices, laboratories, etc. Future development of the northern portion of the property will meet the use criteria of Exhibit C. The property can be developed under the existing Jefferson County zoning, but uses are limited to the following: A. Medical offices B. Hospital C. Inpatient and outpatient care services D. Inpatient building support E. Ancillary care services F. Administrative care services G. General services. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The property is currently developed with uses similar to those contained in the City's Three Mile Plan for the area. Exhibit C contains use restrictions and provisions which will assure that the northern portion of the property is developed in a manner consistent with the Three Mile Plan. Therefore, neither isolated nor spot zoning will occur. The zoning of property east of the Kaiser parcels is City of Wheat Ridge Agricultural-Two, Industrial, Commercial-One, Planned Industrial and Planned Commercial Development (PID and PCD). 10. 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. Approximately half of the property is currently developed and is providing necessary medical services to the community. Future development of the property, guided by the use restrictions of ANX-98-04/WZ-98-16 Page 6 Planning Commission Exhibit C, will help to assure a logical land use scenario for future development when and if development occurs. There are no plans for development of the property at this time and it is not possible to ascertain if a community need will be filled. As stated under the Annexation Review Criteria of this Staff Report, the Applicant and City staff have produced an Annexation Agreement. The Agreement, upon formal acceptance by the City, is a legally binding document which establishes specific agreements between the City and Applicant relative to the annexation, zoning, required public improvements, vested rights, provision of water and sewer services and other aspects of the annexation. Of particular interest is the zoning of the property, which the Agreement addresses by incorporating, verbatim, the zoning restrictions as presented in Exhibit C of this staff report. IV. AGENCY REFERRALS Responding With Concerns: City of Wheat Ridge Department of Public Works In a memorandum dated October 21, 1998, the Public Works Department submitted the following comments: As the proposed property has been developed prior to the annexation/zoning process now being proposed, the standard technical documents, (final drainage study, grading/erosion control plans, street construction/traffic plans) will not be required at this time. If possible, a copy of those technical documents which may exist and were approved by Jefferson County, should be forwarded to this department for informational purposes. Any future development planned for his property will need to be referred to this department to determine the extent of those technical documents that will be required as part of the development review process. The annexation map No. 98-6, is in the process of being prepared and reviewed by John McGuire, P.L.S. The Traffic Division has reviewed this referral, and had no comments at this time. Wheat Ridge Parks and Recreation Commission in a memorandum dated October 22, 1998, the Commission notified the Planning Department of their motion as follows: "Recognizing the recreational and conservation value of the area surrounding the two ponds, the Parks & Recreation Commission recommends that any development on the property be done in a manner that is sensitive to wildlife needs, lakeshore environment, and view corridors." Prospect Recreation District in a letter dated November 6, 1998, the Recreation District states that while not opposed to the annexation of the property, it is concerned about the removal of the property from the District. The land owner has not indicated an intent to seek exclusion from the District. Wheat Ridge Police Department in a memorandum dated October 10, 1998, the Police Department submitted comments which are summarized as follows: 1. The Police Department anticipates a light to moderate impact to City police services, based on County Sheriff's Department historical records for the existing development on the property. The necessity to increase staffing or equipment resultant from annexing the ANX-98-04/WZ-98-16 Page 7 Planning Commission property in its present developed state is not expected. 2. Impacts to police services from the future development of the property cannot be determined at this time. Fairmount Improvement Association in a letter dated November 6, 1998, the Improvement Association states their concerns relative to the Mount Olivet Cemetery solitude and the loss of revenue for the Prospect Recreation District. Jefferson County in a letter dated November 5, 1998, the County submitted the following comments: Avoid adverse impacts to the Fairmount community relative to noise, odors, traffic, glare, smoke, and the presence of hazardous materials and waste. Responding Without Concerns: City of Wheat Ridge Department of Public Works in a memorandum dated October 7, 1998, the Public Works Department submitted the following comments: Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance operations and capital improvements are performed by CDOT. Access and all plan review for Ward Road impacts must be approved by CDOT. City of Arvada Valley Water District Notified But Not Responding: Arvada Fire Protection District Jeffco Health Department Public Service Company U.S. West Communications TCI of Colorado Wheat Ridge Post Office Colorado Department of Transportation Wheat Ridge Forestry Division Scientific and Cultural Facilities District Fruitdale Sanitation District Wheat Ridge Building Division Jeffco County Commissioners Metro Wastewater Reclamation Dist. Regional Transportation District Denver Metro. Major League Baseball Dist. V. STAFF RECOMMENDATION: 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. Therefore, staff recommends approval of the annexation. Staff concludes that the proposed zoning of the property to C-1, Commercial-One (with restrictions) meets the corresponding City zoning review criteria, and that the zoning criteria of Exhibit C are appropriate for the property. No significant negative impacts from the zoning are anticipated. Staff recommends approval of the zoning change. ANX-98-04/WZ-98-16 Page 8 Planning Commission VI. RECOMMENDED MOTIONS ANNEXATIONS Option A: "I move that Case No. ANX-98-4, a request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B" be recommended to the City Council for APPROVAL 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 development of the subject property. Option B: "I move that Case No. ANX-984, "A request to annex to the City of Wheat Ridge unincorporated territory known as the Kaiser Pennanente Ward Road Medical Facility, with an address of 4803 Ward Road, County of Jefferson, as legally described in Exhibit "B", be recommended to the City Council for DENIAL for the following reasons: The annexation does not meet the state criteria for annexation eligibility. The annexation will not be a logical extension of the City's boundaries. ZONING Option A: "I move that Case No. WZ-98-16, "A request to rezoning certain property known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, City of Wheat Ridge, as legally described in Exhibit "B", C-1, Commercial-One pursuant to Section 26-22 of the Wheat Ridge Code of Laws, be recommended to the City Council for APPROVAL for the following reasons: 1. The proposed zoning is consistent with the City's rezoning criteria. 2. There would be no significant negative impacts as a result of the zoning. 3. The zoning is consistent with the City's Three Mile Plan. Option B: "I move that Case No. WZ-98-16, "A request to rezone certain property known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, City of Wheat Ridge, County of Jefferson, as legally described in Exhibit "B", C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit C" be recommended to the City Council for DENIAL for the following reasons: 1. The proposed zoning is not consistent with the City's rezoning criteria. 2. There would be significant negative impacts as a result of the rezoning. 3. The zoning is not consistent with the City's Three Mile Plan. C: ~13arb=TCRPTS~mix98-4.wpd ANX-98-04/WZ-98-16 Page 9 Planning Commission 1 I _ I / I / ® 9T /i B9i b-nf •r. O O E s` 0 4~ E T R yT 9lOCF I, EOT I e KAISER KRUANEWE r t f1lIN6 M0. 1 _ 39-191-99_OOI 2 PG. 298 CEMETARY R 441h. •w ® a_ 27 OA IE I=a ® ,,.O L: . .+y 49 n. I N i $ ® ti T z Q ` I MCUNT o A 8 I M OLIVET yl I II n I N , ,I CEMETARY - C o ° a y~ BK. 403, PG 90 Y ~ µM1 ~ / / d, ~ f / Ot.J , •h, / P 23 n mrn ice' + w 44u• a... ^ n /P// 4 CC9 cm ' I y / I® ' 012 0 O O IT °n 46 . rt 29 • A / I 40 •r I / .r.ar . ® ZO 16 t i1-------ru ' • 31 ®ox 30 91 ra aaa /7~ x 10 43 61 1 p( , 19 w 34 - / uxm °oa 39-205 l]I A x u.x°a.o°_°o~ SOW / 36 EXHIBIT C KAISER ZONING The Zoning for the property described in Attachment 1 shall be Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with the following modifications, restrictions, and requirements: Permitted Principal Uses: No building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. Uses permitted under the County Official Development Plan recorded in the Jefferson County Real Estate records in Book 46 at Page 44, Reception No. 86030380, as follows: 1. Medical offices. 2. Hospital. 3. Inpatient and outpatient care services. 4. Inpatient building support. 5. Ancillary care services. 6. Administrative services. 7. General services. B. Uses permitted as permitted principal uses under Section 26-22 (B), Commercial- One District (C-1) of the Wheat Ridge Code of Laws, except the following uses are prohibited: 1. Adult entertainment establishments. 2. Automobile and light duty truck sales and rental. 3. Auto service and repair and maintenance shops, including tire sales, muffler shops, fueling stations, detail shops, tune-up shops, engine repair, transmission repair, alignment services, car washes, upholstery shops, radiator repair shops, lubrication services, and sound system shops. 4. Boat, camper, and travel trailer sales, rental, and services. 5. Commercial machine shops. 6. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, libraries, parks, museums, aquariums and art galleries. 7. Churches. 8. Equipment rental agencies. 9. Exterminator services. 10. Golf courses. Kaiser Zoning Page 1 WZ-98-16 It. Government or quasi-governmental buildings and offices or public utility buildings, where outside storage, operations or repair facilities are not planned. 12. Hotels, motels, and bed and breakfast homes. 13. Indoor amusement and recreational enterprises, such as roller rinks, bowling alleys, arcades and similar uses. 14. Liquor stores. 15. Lumber yards and building supply stores. 16. Mortuaries and crematoriums. 17. Motorcycle sales, service and repair. 18. Pawn shops. 19. Public and private schools. 20. Private clubs, social clubs, bingo parlors and similar uses. 21. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 22. Taverns, night clubs, lounges, private clubs and bars. 23. Tobacco shops. 24. Truck stops. 25. Veterinary Hospitals or clinics. it. Site Plan Requirement: All permitted uses shall be required to receive approval of a site plan prior to issuance of a building permit. The site plan shall be prepared in accordance with Section 26-6(E)(2), Type It Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning Commission and City Council at a public hearing following the public notice requirements of Section 26-6(F). III. Special Uses: Any use proposed for the property not specifically permitted under Sections I and II above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat Ridge Code of Laws. Special uses shall be subject to review by Planning Commission and City Council and shall include a site plan as required in Section 26- 6(B). IV. Development Standards: All uses shall be subject to the development standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. C:\Barbara\CCRPTS\kaisemoninguses.wpd Kaiser Zoning Page 2 WZ-98-16 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on November 19, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No 1q~X-,~98 04,AVZ-98-16: An application by the City of Wheat Ridge for approval to annex 32.886 acres of unincorporated land into the City of Wheat Ridge and to zone the property.as C-1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. Said property is legally described as follows: Beginning at the Southeast corner of the southwest 1/4 of Section 17, Township 3 South, Range 69 West of the 6" Principal Meridian. Said southwest corner being the True Point of Beginning. Thence N 0°18'19" W along the East line of the said Southwest 114 of Section 17 a distance of 624.01 feet. Thence South 89°41'41" West a distance of 929.88 feet. Thence South 01 022'00" West a distance of 1,652.86 feet. Thence North 74°34'48" East a distance of 960.63 feet. Thence North 0°15'12" West a distance of 209.67 feet. Thence North 11 °03'18" East a distance of 102.00 feet. Thence North 89°44'48" East a distance of 30.00 feet to the East line of the Northwest 1/4 of Section 20, Township 3 South, Range 69 West of the 6" Principal Meridian. Thence North 0° 15'12 " West along the said East line of the Northwest 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning. 2. Case No. ANK-98-05/WZ-98-17: An application by the City of Wheat Ridge for approval to annex 8.036 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located north of I-70, west of Ward Road, south of Kaiser Penmanente Medical Center and east of Mt. Olivet Cemetery and known as the RTD park-n-ride. Said property is legally described as follows: Beginning at the Northeast corner of the Northwest 1/4 of Section 20, Township 3 South, Range 69 West of the 6" Principal Meridian, the True Point of Beginning. Thence South 0° 15'12" East a distance of 777.69 feet. Thence South 89°44'48" West a distance of 50 feet. Thence South 74°34'48" West a distance of 625.31 feet. Thence South 0 ° 15,12" East a distance of 299.97 feet. Thence South 74°35'03"West a distance.of 1036 feet. Thence South 0° 1512" East a distance of 227.30. Thence North 89°44'48" East a distance of 9.96 feet. Thence South 0° 15'12" East a distance of 103.65 feet. Thence North 65'5 I'18" East a distance of 192.47 feet. Thence North 64°05'33" East a distance of 474.30 feet. Thence North 0°15'12" West a distance of 723.70 feet. Thence North 1 1 '03'l 8" East a distance of 102.00 feet. Thence North 89°44'48" East a distance of 30.00 feet to the East line of the Northwest 1/4 of Section 20. Township 3 South, Range 69 West of the 6"' Principal Meridian. Thence North 0'15'12" West along the said East line of the Northwest 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning, a v N ',I J d \ c u ~ O O ~ U d J m \ ~o a ~ a K 'O N Q W v ~ ~ u a Z ' vl y ~ a a \ j d a u d a u u O K > ~ 'E 0 y ` U z o m as c E d o m _ - N 9 = L x u m a N W •m O O N' ~m A O ~O O O N O m N m o N O m t(l ? O U x W x~d xap xaf xM x W xMf Q m F i C O m o C Q m o C Q m o C Q m o C R m o C Q m a C Q m o u _ O N ~ m N O N ❑ N i5 y T 0 m N a J a m E a ° ° in x v . N • C CO N CO m ' C N C `y m '.C a O m W Q N~ d U i! 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EEO N a d v Q U N c ~'o a'o_ v vvo V d t! vL ~ C (/J ~ N~ U N a Q ~O Q C_ ` N V L O E N O n ~ U L) E 11 El ❑ ® ❑ ❑ z m N 2 LlJ N r Q C p oo o d 0 Q UJ O E < rn U z Q Q W o S ~ p N O Oda Z L Z Z F- U~~ a II VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX 424-0828 November 11, 1998 Mr. Martin Orner Planning and Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dear Martin: v RECEIVED Nov 161998 f In reference to Case #ANX.98-WZ 98-17, RTD Park and Ride, Valley Water District has reviewed your request and offers the following: 1. Water mainlines in Ward Road are adequate to serve the current property. If additional development occurs on the property, additional water mainlines and fire hydrants may be needed to meet Arvada Fire Protection District requirements. 2. RTD Park and Ride facility is currently served by Valley Water. Any additional development may require additional taps or increase of service lines. 3. The District is unaware of any concerns with the project at this time, however easements may be needed if additional development occurs. If you have any questions, please contact me. Sincerely, Robert Arnold District Manager 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 `rte Wheflt Telephone 303/ 235-2846 Ridge DATE: October 14, 1998 The Wheat Ridge Department of Community Development has begun processing 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 November 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX. 98-SIWZ 98-17 LOCATION: RTD Ward Road Park-And-Ride Facility (North of I-70, West of Ward Road, South of Kaiser Permanente . Medical Center, East of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-l(Commercial One) APPROXIMATE AREA: 8 acres 1. Are public facilities or services provided by your agency adequate to serve this development? Water main in Ward Rd, is adequate to serve current facility. Additional development may require mains and hydrants to Beet AF,pesereveei~rnesavaifa6letothedevelopment? RTD property is currently served by Valley Water. Additional taps may be required for additional development. 3. Do you have adequate capacities to service the development? Yes 4. Can and will your agency service this proposed development subject to your rules and regulations? Yes 5. Are specific easements needed on this or any other document? Unknown at present-easements may be needed if additional development occurs 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Not at present Please reply to: Martin Omer Completed by: Z/ Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Valley) X Sanitation District (Fmitdale) X Fire District (Fairmont) X Adjacent City (Arvada and Golden) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources X Denver Regional Council of Governments X Scientific and Cultural Facilities Dist. X Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. X Jeffco Health Department Jeffco Schools 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 X WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X Fairmont Homeowners Association X Prospect Recreation District X Urban Drainage and Flood Control Dist. Regional Transportation Dist. X Denver Metro Major League Baseball Dist. "The Carnation City" 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 hn act Report for Case No. :AA)" & to the Office of the Jefferson County Commissioners this /o-day of&vaSads, , 1998, at Noa i o'clock (p.m. ( Ahftin Omer l; Received this /Dd y ofAbve;41 ? 1998, at Alto J o'clock (a.m.)(p.m.) JEFFERSON COUNTY COMMISSIONERS OFFICE By: 0&` 6 . n- 61 Name Title RECEIVED NOV 1 01998 JEFFERSON COUNTY COMMISSIONERS Annexation Impact Report for the KAISER MEDICAL CENTER Annexation Case No. ANX-98-4 LAND PROPOSED TO BE ANNEXED TO THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, LOCATED IN SECTIONS 20 and 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN City of Wheat Ridge Department of Planing and Development 7500 West 29" Avenue Wheat Ridge, Colorado 80215 (303) 235-2846 October 26, 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 32 acres of land have been petitioned for annexation to the City of Wheat Ridge by the property owner, Kaiser Permanente. The area proposed to be annexed is located in eastern Jefferson County, and is bounded generally by the Colorado Southern Railroad tracks on the north, Ward Road on the east, the Regional Transportation District Ward Road Park-and-Ride facility on the south and the Mount Olivet Cemetery on the west (see Location Map for a graphical depiction of the property proposed to be annexed and the surrounding area). Upon annexation, the proposed zoning of the property will be for land uses compatible with the existing medical center. Included in the development proposal are approximately 18 acres of undeveloped land surrounding and north of the medical center and associated parking areas. The remaining portion ofthe site is developed as medical facilities including medical laboratories, patient treatment centers and pharmacy. MAPS As required by C.R.S. 31-12-108.5(1)(a)(I), attached Map Nos. IA and 1B show the present and proposed boundaries of the City of Wheat Ridge, the area proposed to be annexed and the adjacent parcels in unincorporated Jefferson County. The Location Map shows the overall street network in the vicinity of the area proposed to be annexed. As required by C.R.S. 31-12-108.5(1)(a)(II), attached Map Nos. 2A and 2B show the water and sanitary sewer mains currently located adjacent to the area proposed to be annexed. 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 on-site drainage facilities associated with the development of this property shall be the responsibility of the Landowner(s)/developer. As required by C.R.S. 31-12-108.5(1)(a)(III), attached Map No. 3 shows the land uses occurring on the area proposed to be annexed. PRE-ANNEXATION AGREEMENT Section 31-12-108.5(b) of the statutes requires a copy of any draft or final pre-annexation agreement, if any. There is no draft or final pre-annexation agreement. 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 services will be provided by the Valley Water District, and sanitary sewer collection services will be provided by the Fmitdale Sanitation District. Map 2A shows the Valley Water District services to the property, and Map 2B shows the Fruitdale Sanitation District services to the property. 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 the existing medical center development, it is anticipated that service impacts from this area upon the City's Police Department will be minimal, and shall be handled with existing resources. Transportation Services Ward Road is a State owned thoroughfare and is maintained by the State. No internal roadways are proposed at this time. Drainage, Grading and Erosion Control Plans All necessary grading, erosion control and drainage facilities associated with the existing development already exist. Any future construction/development of the property will be required to include drainage, grading and erosion control facilities to be constructed in accordance with approved plans under 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. It is anticipated that any capital improvements associated with future development of the property will be financed by the landowner/developer. As Wheat Ridge is not a full-service municipality, the financial impacts associated with future extension of services as water, sanitary sewer, and fire protection are nonexistent. Therefore, the immediate impacts associated with the annexation of this area on the City's ability to provide municipal services will be minimal, and any 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) ofthe 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 Valley Water District Fruitdale Sanitation District Prospect Recreation 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)0 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, and therefore will not create any direct impacts to school enrollment. School district facilities are not adjacent or proximate to the subject site. Therefore, no direct impacts to school district facilities or operations will result from the annexations. 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. In itself, the annexation of the property is not expected to result in an increase in its assessed valuation since no further development of the property is proposed. In summary, the proposed annexation of the subj ect property is not expected to have any direct impacts to local public school systems. Attachments: Location Map Map Nos. 1A and 1B: Present and proposed boundaries of the municipality in the vicinity of the proposed annexation Map Nos. 2A and 2B: Water and sanitary sewer mains serving the area to be annexed Map No. 3: Existing and proposed land use pattern in the area to be annexed CT° 1 :1 f4usjE ~ERT - T 11 IS O u v O u -I LOCATION MAP 12!00 W 1. ° 0 Drek Jr. Hipl School 20 K Kullerstrald Elem School 8100 T N NO SCAQ5 m Wh iA I2 KAISER MEDICAL CENTER ANNEXATION CASE NO. ANX-98-4 MAP No. IA N 0 0 ~a K, 3 O N,K• H jaa.. O -Q a Q _ "O A Y ~ N s ~ O n O N Q H ' I N a, W W r ~ fl V 0 a o 01 AFA Z / - w row Aj,-tE)ea-r > Y/ g 0 u o - w 2 0. 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I ~ 400-00-UL 6F n•+ z w U ti m 100.00 202-6C + ~ O. v W ~ o ~ol o Q • m fol c 0 ~ _ o z ° a 0 o N mg ~ c Z. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge DATE: October 14, 1998 The Wheat Ridge Department of Community Development has begun processing 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 November 6,1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: tXNX.98=4ZWZ98-16 LOCATION: Kaiser Pern=ente Ward Road Medical Center (North of 1-70, West of Ward Road, South of Colorado Southern Railroad tracks, East of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-1(Cotmnercial One) APPROXINfATE AREA: 32 acres 1. Are public facilities or services provided by your agency adequate to serve this development? Yes 2. Are service lines available to the development? N/A 3. Do you have adequate capacities to service the development? yes 4. Can and will your agency service this proposed development subject to your rules and regulations? Yes 5. Are specific easements needed on this or any other document? No 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please see the attached letter dated Nov rub 61 1998./^L Please reply to.-. Martin Omer Completed by: l {Jikf' ! ~ Department of Planning & Development (Name, Agency partment, Date) X98 DISTRIBUTION: X Water District (Valley) X X Sanitation District (Fmitdale) X Fire District (Fairmont) X Adjacent City (Arvada and Golden) X X Public Service Co. X X US West Communications X State [,and Use Commission X State Geological Survey X X Colorado Dept. Of Transportation X Colorado Div. Of Wildlife X Colorado Dept. of Natural Resources X X Denver Regional Council of Governments X X Scientific and Cultural Facilities Dist. X X Metro Wastewater Reclamation Dist. X X Jefferson County Planning Dept. X Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Ree Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" PROSPECT RECREATION DISTRICT 4198 XENON STREET WHEAT RIDGE, COLORADO 80033 PHONE: 424-2346 FAX: 424-4066 November 6, 1998 Mr. Martin Omer Department of Planning and Development City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 Dear Martin, I would like to clarify some circumstances involved with the proposed annexations that effect the operation of Prospect Recreation District. As you are aware Prospect Recreation District is a Title 30, 1 mil District under the Colorado Revised Statutes. We have been in existence and serving the park and outdoor recreation needs of the property owners within our District boundaries since 1955. Our Title 30 status makes the District vulnerable to municipalities that have the mind set that any annexed property is best served if it can be excluded from any District tax assessments. Our District relies on this tax base, as nominal as it might be, in which to operate and support the park and outdoor recreation facilities these property owners and the county have invested in over the last 45 years. A business and property owner's decision to annex into an adjoining city is their right and should be supported by all of us. This decision to annex however does not physically remove this property owner and their employees from the proximity of the parks and facilities they have supported and benefited from and continue to benefit from having in place. Any attempt to remove this annexed property from the recreation district tax roles is an injustice to the other businesses and residents who live and operate in this area and is an injustice to the annexing business itself. These annexations from the District represent a serious problem for Prospect Recreation District. We know this may not be looked upon as your problem, but we hope we can reach a point where it does become a concern to you. We believe in the joint health and success of all recreation service providers. Working together is how we improve the quality of life for all Jefferson County residents, not just those living within the jurisdiction of one area or another. We believe that in time, the revenue situation this Recreation District faces can be resolved to the benefit of the Cities that surround the District and also the County, but it is going to take a willingness by all those involved to help accomplish a resolution to the problem. One measure that can help for now is to not have any of the surrounding cities staff or administration encourage, recommend, or point out to prospective annexing property owners that they might be able to dispose of the District's 1 mil levy after annexation, as if this is some type of advantage to being a part of that City. We are not saying or suggesting that any one of our neighboring Cities are doing this or has ever engaged in this practice. If they are taking this approach it may be due to a lack of understanding of how much this hurts our operation and we believe hurts everyone in the long run. We are here to help in anyway that we can and that offer does not end at our District boundaries. If you have any questions or concerns please feel free to contact us anytime. Sincerely, Chuck Reno District Manager cc Ralph Schell, Director of Community Resources Gretchen Ceiveny, Wheat Ridge Mayor Bob Middaugh, Wheat Ridge City Manager Prospect Recreation District Board Members t FAX MEMO DATE: (p - qj TO: A v I t ~r o V ne✓ DEPT/COMPANY: 4O FAX: a3 5- ag~~ P v0- , r oc FROM: Chuck Reno PAGES: 4 (not including cover) REGARDING: ~a c /i~.~L,?, - I Board of County Commissioners Michelle Lawrence District No. 1 Patricia B. Holloway District No. 2 John P. Stone District No. 3 November 5, 1998 TO: Martin Omer Department of Planning & Development City of Wheat Ridge 7500 West 29"' Avenue Wheat Ridge Colorado 80033 SUBJECT: Case No: ANX.98-5/WZ 98-17 Jefferson County NO:98015316AXPi Case No: ANX. 98-4/WZ 98-16 The Jefferson County Board of County Commissioners was briefed on this annexation on October 28 1998. They instructed staff to forward the comments from the County referral departments. These comments are enclosed. The area being annexed is within the boundaries of the Jefferson County North Plains Community Plan. Designated land uses shown on the Plan's future land use map are "infill...retail, office, light industrial, residential up to 15 dwelling units per acre. The Plan recommends that "Proposed development along Ward Road, within a city or the County, should be reviewed by the County and the community to avoid adverse impacts on the Fairmount community from noise, odors, traffic, glare, smoke, and the presence of hazardous materials and waste. "Developers should be required to inform and offer to meet with homeowners associations in the vicinity of the proposed development prior to public hearings." If changes in the existing land use are proposed in the future, we request the cooperation of the City of Wheat Ridge in communicating with all affected parties. Thank you for the opportunity to review this annexation proposal. Please contact Janet Bell, 303-271-8739, if you have questions about this review. 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 271-6511 JEFFERSON COUNTY SHERIFFS DEPARTMENT 200 Jefferson County Parkway Golden, Colorado 80401-2697 (303) 271-5305 FAX (303) 271-5552 TO: Janet Bell Planning and Zo n Department FROM: Richard M. Boy FCaptain DATE: October 23, 1998 SUBJECT: WHEAT RIDGE ANNEXATION -CASE NO 98015316AXPI Ronald L. Beckham SHERIFF Doug Matthews UNDERSHERIFF The proposed annexation by the City of Wheat Ridge of the RTD Park and Ride north of I-70 and Ward Road and the Kaiser Permanente Medical Center at 4803 Ward Road should have little or no impact on Sheriff's Department patrol operations. ~ 11 'r E~ r 7 1999 MEMORANDUM TO: Janet Bell, Long Range Planning Coordinator FROM: Administrative Review Team (ART) DATE: October 28, 1998 RE: 98015316AXP1; Wheat Ridge Annexation at I-70 and Ward Road, Existing Kaiser Permanente and RTD Properties ART reviewed this case but does not have any comment or recommendation. If you have any questions, please contact me at 8489. • Ow Je O'Neall Development Administrator JO copy to: Jo Blakey, Administrative Specialist File (2) JEFFCO PLANNING AND ZONING DEPARTMENT-PROPOSED ANNEXATION CASE NUMBER: MUNICIPALITY: WHEAT RIDGE (KAISER AND RTD) SEC(S). 17 & 20 TOWNSHIP 3 SOUTH RANGE 99 WEST ( KAISER ) SEC(S). 17 TOWNSHIP--SOUTH RANGE 69 WEST ( RTD ) DATE RECEIVED: 10-30-98 ASSIGNED TO: Betty Doudv DATE DUE: 10-30-98 DATE COMPLETED: 10-30-98 KAISER EXISTING ZONING: P-D AMD CASE NO.: 287-25 1"=400' ORTHOPHOTO NO(S).(RED): 50 RTD EXISTING ZONING: P-D AMD PP-n, A-2 C-i C-1 CASE NO.: •781-94, 878-35. rQNE B66-7 B65-50 1"=400' ORTHOPHOTO NO(S).(RED): 50 STATE PLANE GRID Area 32.886 Acres Kaiser Area 8.036 Acres RTD Total Area Of Both Parcels: 40.922 ACRES BOUNDARY CLOSURE REQUIREMENT 1. Parcel closed 1:15000X Prepare graphics for case manager:_X Any explanation of non-compliance for the following section(s) of the Colorado Revised Statute (C.R.S.) concerning annexations will be written in the comments area. 1. Eligibility for annexation - C.R.S. 31-12-104(1)(a) Kaiser The proposed area is 116th contiguous to the existing municipal boundary. ( 29.0 U RTD The proposed area is 116th contiguous to the existing municipal boundary. ( 19.05 It appears or I believe the intent of the RTD annexation is to be contiguous to the east and along the south of parcel. Would be helpful if the written legal would address this by stating that proposed annexation line are common with exisinq Wheat Ridqe boundary to the east and alon 2. Limitations - C.R.S. 31-12-105(1) (e) and (1) (f) le. The proposed area to be annexed WILL NOT extend the municipal boundary more than three miles in any direction from any point on the existing municipal boundary. if. The proposed area to be annexed DOES Not contain the full width of a platted or deeded street or alley. 3. Annexation of enclaves - C.R.S. 31-12-106 The proposed area to be annexed WTLT, NOT create an enclave. rvs 08/12/94 (over) \proannex.frm 4. Annexation Impact Report - Requirements C.R.S. 31-12-108.5(1)(a)(I) and (1) (e) laI. Map or maps OES NOT show the present and proposed boundaries of the municipality in the vicinity of the proposed annexation. LEGIBLE DOCUMENTS WERE NOT PROVIDED FOR OUR REVIEW. le. To the best of our knowledge, the following special districts are within the area to be annexed. 1. DPnv r M..rojolitan Major T.PagluP Baseball Stadium Dis ri 2. RP!qinnal Transl2ortation Dictriot 3. R-1 School District 4. Arvada Fire Prortion District 5. Fairmount Fire ProtPetions District 6. Fruit-dale Sanitation District 7. Prns -ct Recreation District 8. Valley Water and Sanitation Distri_et COMMENTS Cage Cn=letPd and gent to Case Manager Janet Rell_ Annexation maps] rovided fnr our revi w w.r reduced to 81/2 x l_l_. anet e - at i ge nnexaions Page From: Chuck Reno To: GWSGC.JBeII Date: 10/27/98 9:34AM Subject: Wheat Ridge Annexations Hi Janet, In case you are not completely familiar with Prospect Recreation District, we are a small 1 mill Recreation District and department of Jefferson County Government that lies between Wheat Ridge and Golden in unincorporated Jefferson County. The proposed annexations that you are going to brief the Commissioners on tomorrow are within our District. Without burdening you with a story about our finances, any loss of revenue to the District through annexations is a serious situation to us. I am telling you this in case the subject comes up or in case you have a chance to insert it in your facts about this proposed annexation. We are working to try to resolve this situation but we have a ways to go. If you would like more information, we would be glad to share it. Otherwise, if nothing else we have given this to you for your information. Thanks chuck CC: GWOS.GW50S.RSchell 400 FEET 400 NA 0 1 SCALp I 4 0 98015316AXP1*A* PROPOSED WHEAT RIDGE ANNEXATION SECTION 20, US., R.69W. AREA: 804 ACRES Plotted on October 30, 1998 400 FEET 400 1 0 1 98015316AXPI PROPOSED WHEAT RIDGE ANNEXAITON SEC 17 & 20 T3S R69W AREA: 32.88 ACRES I cHES PIDtted,W itMr 30. 1998 City of Wheat Ridge Department of Planning and Development 7500 West 29`h 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 Case No. ANX-98-4, WZ-98-16 (Kaiser), and Case No. ANX-98-5, WZ-98-17 (RTD)) 'Agency Referral P ckage' to the Office of the Prospect Recreation District this .T day 1998 o'clock (p.m.)(a.m.). Martm Omer Received this day of /4C , 1998, at ACF~ o'clock (a.m.)(p.m.) PROSPE RE REATION DI TRICT By: Name Title Sign-In-Sheet For NEIGHBORHOOD MEETING KAISER PERMANENTS WARD ROAD MEDICAL CENTER ANNEXATION Case Numbers ANX-98-4 & WZ-98-16 and RTD WARD ROAD PARK-AND-RIDE ANNEXATION Case Numbers ANX-98-5 & WZ-98-17 November 4,1998 at 5:30 p.m. In Wheat Ridge City Hall Lobby Conference Room Address Phone # j,7CV fit// A 2. ~P~ghf n i /yfou.v~ l /ve J LPl-lfTe,~'~ (343) 3. aM l~ cR k G~ t~ K,4rse 2 Bar. r ~7 3'Y-77L/ 7 4. 1.5C1i. 1'~ 6-tQJ "-'~T,b 3a3' z99- Z v 5. VC 6. 7. 8. 9. Azd T„I, ~2v ; ne City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 'Ridge November 4, 1998 Dear Property Owner: This is to inform you that Case Nos. ANX -98-04 and WZ-98-16, applications to annex and zone property Commercial-One into the City of Wheat Ridge for property located at 4803 Ward Road and known as Kaiser Permanente; and Case Nos. ANX- 98-05; WZ-98-17, applications to annex and zone property Commercial-One into the City of Wheat Ridge for the property located north of I-70, west of Ward Road, south of Kaiser Permanente Medical Center and east of Mt. Olivet Cemetery and known as RTD Park-n-Ride. All cases will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Thursday, November 19, 1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this public hearing and/or submit written comments. It shall be the applicant's responsibility to notifyany other person whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C V .,b... 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V C! O O. F u] cp c v a" 0 v C m z v ti E c 0 c V u 5 Cl ^J O a E n " FO v v h a _N N V c 0 z F CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building November 2. 1998 The City Council Study Session was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullic, Don Eafanti, Lloyd Donnelly, Ralph Mancinelli, Ken Siler, Janelle Shaver and Claudia Worth. Teri Dalbec arrived at 7:10 p.m. Also present: City Clerk, Wanda Sang; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Planning, Alan White; Chief of Police, Jack Hurst; staff and interested citizens. Item 1. Discussion of: Council Bill 41 - Ordinance amending Domestic violence section. Council Bill 42 - Ordinance adding a prohibition against criminal tampering. Council Bill 43 - Ordinance adding a prohibition against violation of Bail Bond conditions. Judge Randy Davis, Attorney Tammy Greene, Officer Slavsky, Commander Joe Cassa and Representative Cindy Shaw of Victim Outreach were present as a panel. The Panel and Council discussed the above referenced Council Bills. Topics discussed were: repeat domestic violence offenders, family counseling, restraining orders and probation periods. Margaret Parry, 3060 Teller St., was present and submitted a letter and petition regarding the property development at 3195 Saulsbury; specifically keeping the house that is currently on the property. Item 2. Kaiser-Permanente and RTD Petitions for Annexation (zoning). Mr. Middaugh opened the discussion and explained that these Annexations represent different parcels; RTD is a Park and Ride .(future development limited) and Kaiser parcel includes undeveloped property (16 acres) to the north. z~~° ~g-off City Council Stud Session November ' 1998 -page 2- Mr. White explained that the proposal is to expand the County's limited use for the property, with a final plan that lists restrictive uses of the site prior to development. Mrs. Worth would like to see an agreement to the annexation that at the time of development it comes to Council as a planned development. Consensus 6-2 that there be a list of unacceptable uses for the property and there will be a plan for future commercial development. Item 3. Discussion of Council Bill 36 - Ordinance amending Section 26-6, Legislative and Administrative Process and Procedures, (Procedures for ROW vacations). Mr. White referred to his memo dated October 27, 1998 which explains the Right of Way vacation process. Mr. Siler excused himself from the meeting. (Election Judge) Item 4. Review of City position on State Highway access program. Mr. Goebel presented the proposed State Highway Access Categories. Steve Nguyen also discussed the program. Consensus 6-1 to accept the access category recommendations for state highways in Wheat Ridge. Item 5. 1999 Council Goals Consensus 6-1 to do Council Goals with the Budget. Mr. Middaugh will schedule three budget meeting dates and fax the dates to Council. Consensus 7-0 to adjourn.' Meeting adjourned at 10:20 p.m. ~fICcC~,~ Wanda Sang, City erk NOTICE OF PUBLICHEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMIS- SION on November 19, 1998, at 7:30 p.m, at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hear- ing or submit written comments. The fallowing petitions shall be heard: An application by the City of Wheat Ridge for approval to annex 32.886 acres of unincorporated land into the City of Wheat Ridge and to zone the property as C-1. Property is located at 4803 Ward Road and known as Kaiser Permanente Medical Center. Said Prop- erty is legally described as follows: Beginning at the Southeast comer of the southwest 114 of Section 17, Township 3 South, Range 69 West of the 6th Principal Meridian. Sad south- west comer being the True Paint of Be- ginning. Thence N 0°18'19" W along the East line of the said Southwest 114 of Section 17 a distance of 624.01 feet. Thence South 89°41'41" West a dis- tance of 929.88 feet. Thence South 01°22'00" West a distance of 1,652.86 feet. Thence North 74°34'48" East a distance of 960.63 feat. Thence North 0.15.12' West a distance of 209.67 feet. Thence North 11.03'18" East a distance of 102.00 feet. Thence North 89°44'48" East a distance of 30.00 feet to the East line of the Northwest 114 of Section 20, Township 3 South, Range 69 West of the 6th Principal Meridian. Thence North 0°1612" West along the said East line of the Northwest 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning. -17: 2. Case N ANX-98-`4 _9e An application by the City of Wheal Ridge for approval to annex 8.036 acres of unincorporated land into the city of Wheat Ridge and to zone the property as C-1. Property is located north of 1-70, West of Ward Road, south of Kaiser Permanents Medical Center and east of Mt. Olivet Cemetery and known as the RTD park-n-ride. l Said property is legally described as follows: Beginning at the Northeast comer of the Northwest 114 of Section 20, Township 3 South, Range 69 West of the 6th Principal Meridian, the True Point of Beginning. Thence South 0°15.12" East a distance of 777.69 feet. Thence South 89°44'48" West a dis- tance of 50 feet. Thence South 74'34'48". West a distance of 625.31 feat. Thence South 0°15'12" East a dls- fence.of 299.97 feet. Thence South 74.35'03-West a distance of 10.36 feet. Thence South 0°1512" East a tlistance. of 227.30. Thence North 89°44'48° East a distance of 9.96 feet. Thence South 0.15'12" East a distance of 103.65 feet. Thence North 65°53'18" East a dis- tance of 192.47 feet. Thence North! 64°05'33" East a distance of 474.30 feet. Thence North 0°15'12" West a dis- tance of 723.70 feet. Thence North 11°03'18" East a distance of 102.00 feet. Thence North 89°44'48" East a distance of 30.00 feet to the East line of the Northwest 114 of Section 20. Town- ship 3 South, Range 69 West of the 6th Principal Meridian. Thence North 0°15'12' West along the said East line of the Northwest 114 of Section 20, a distance Of 468.01 feet to the True Point of Beginning. /s/ Barbara Delgadillo. Recording Secretary ATTEST: /a/ Wanda Sang, City Clerk Wheat Ridge Transcript 03501.358 Published October 30, 1995 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 the Kaiser Property. RESOLUTION NO. 1688 A RESOLUTION SETTING A HEARING DATE FOR THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS THE KAISER PROPERTY LOCATED NORTH OF I-70, WEST OF WARD ROAD, SOUTH OF COLORADO SOUTHERN RAILROAD TRACKS, EAST OF MT. OLIVET CEMETERY The City Council of the-City of Wheat Ridge, Colorado Resolves: The Citv Council finds that a petition for annexation of certain territory more particularly described herein and to be known as the Kaiser Property, filed with the City Clerk on October 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 Containing 32.886 acres Beginning at the Southeast corner of the southwest 1/4 of Section 17, Township 3 South, Range 69 West of the 6'h Principal Meridian. Said southwest corner being the True Point of Beginning. Thence N O° 18'19" W along the East line of the said Southwest 1./4 of Section 17 a distance of 624.01 feet. Thence South 89°41'41" West a distance of 929.88 feet. Thence South 01 °22'00" West a distance of 1,652.86 feet. Thence North 74'34'48" East a distance of 960.63 feet. Thence North 0° 15' 12" West a distance of 209.67 feet. Thence North I I °O' 18" East a distance of 103.00 feet. Thence North 89=44'48" East a distance of 30.00 feet to the East line of the Northwest 1/4 of Section 20. Township 3 South. Range 69 West of the 6`h Principal Meridian. Thence North 0° 15'12" West along the said East line of the Northwest 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning. The City Council hereby sets a public hearing for annexation and rezoning on December 14, 1998, at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers, 7500 Wesi 29th Avemle, Wheat Ridge, Colorado and directs the City Clerk to publish and give notice as required by Stale and City laws. Done at a regular meeting of the Wheat Ridge City Council held on October 23. 1998, and approved by a vote of 7 for I against. Barbara Delgadillo, Ilan Prig, Secretary Y . (J ATTEST: ' 6~vr 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 Ridae Transcript 1st Publication November 13, 1995 2nd Publication November 20. 1995 3rd Publication November 27, 1995 -kh Publication December 4, 1995 Resolution No. _La 8 Series of 1998 TITLE: - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 20 AND 17 TOWNSHIP 3 SOUTH, RANGE 69 NEST 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 (ANX-98-04) 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 14th day of December. 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 under 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 bf Colorado. Article 11, Section 30, as amended. 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 23`d day of October, 1993. CI !HEAT RI COLORADO G e then Cerveny, Mayor ATTEST: 9kzL J" It" Wanda Sang, City Clerk C.'Zarb.ra.CCRFrTAESO.OR DtkaiscmesoRndingpetitions.wpd LXHIBIT A Kaiser Property Beginning at the Southeast comer of the S.W. 1/4 of Section 17, Township 3 South, Ran ge 69 West of the 6t° Principal Meridian. Said Southeast comer being the True Point of Beginning' Thence N 0 ° 18' 19" W along the East line of the said S. W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89° 41' 41" W a distance of 929.88 feet. Thence S 01 ° 22' 00" W.a distance of 1,652.86 feet. Thence N 74° 34' 48" E a distance of 960.63 feet. Thence N 0° 15112" W a distance of 209.67 feet. Thence N 11 ° 03' 18" E a distance of 102.00 feet. Thence N 89° 44'48" E a distance of 30.00 feet to the East line of the N.W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6'° Principal Meridian. Thence N 0 ° 15' 12" W, along the said East line of the N.W. 1/4 of Section 20, a distance of 468.01 feet to-the True Point of Beginning . This parcel contains 1,432.534.23 sq. ft. or 32.836 acres The perimeter length is 4.977.06 feet PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO ~ CZ) -c -4 RE: PROPERTY KNOWN AS: Kaiser Permanente Ward Road ro 21 I ~ The undersigned landowners, in accordance with the provisions of Title 31, Article 22, m Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petrono~ the City Council for annexation to the City of Wheat Ridge the following described rv T unincorporated area situate and being in the County of Jefferson, and State of Colorado, to q1t: v mm Kaiser Permanents Ward Road: 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. 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. KAISER PERMANENTE Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned n Q /d 9S Exhibit A (attached) I~ / ( /63z o C. Mroj79 Po-AF, 2>cmL)CA~ Cu, ffD13 / 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~ pages, including this page, and that each signature thereon was witnessed and is the true signature of the person whose name it purports to be. Circulator STATE OF COLORADO. ) )ss COUNTY OF i~ The foregoing Affidavit of Circulator was subscribed and sworn to before me this 17 day of OLra4,-e-I 199Rby sn~ c.r Ci. de. t_L#4- 61 My Commission expires: 1 (Y-i'G• Notary lic (SEAL) EXHIBIT•A A parcel of land lying within the Southwest 1/4 of Section 17 and the Northwest 1/4 of Section 20; Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more par- ticularly described as follows: Commencing at the South 1/4 corner of said Section 17; thence Nozth 00.*04!21" West, along the North-South centerline of said Section 17-(being the assumed basis of.bearings) , a distance of 624.01 feet; thence South 89.55139" West, a distance of 60.00 feet to a point on the Westerly right- of-way line of Ward Road,-said point being the TRUE POINT OF BEGINNING; thence along said Westerly-right-of-way line for the following twelve (12) 'courses: 1.. South 0.04'21" East, parallel with. the North-South centerline of Section 17, a distance of 214.54 feet; 2. thence South 89`55'39" West, a distance of 5.00 feet; 3. thence South 0'04'21" East, parallel with the North-South centerline of said Section 17, a distance of 50.00 feet; 4. thence North 89'55139" East, a distance of 5.00 feet; 5. thence South 0.04121" East, parallel with the North-South centerline of said Section 17, a distance of'325.00 feet; 6. thence South 89'55139" West, a distance of 5.00 feet; 7. ' thence South 0'04'21" East, parallel with the North-South centerline of said Section 17, a distance of 35.04 feet to a point on the South line of said Section 17; 8. thence South 0001114" East, parallel with the North-South centerline of said Section 20, a distance of 204.95 feet; 9. thence North 89'58146" East, a distance of 5.00 feet; 10. thence South 0'01114" East, a parallel with the North-South centerline of said Section 20, a distance of 362.50 feet; 11. thence North 89'.58'46" East, a distance of 10.00 feet; 12, thence South 0'01'14" East, parallel with the North-South centerline. of said Section 20, a distance of 209.62 feet; thence South 74'48146" West, a distance of 960.63 feet; thence North. 1'35158' East, a distance of 1652.86 feet; thence North 89'55139" East, a distance of 869.88 feet more or less to the TRUE POINT OF_HEGINNING: ON W,~ KAKSER PERMANENTE Oct. 7, 1998 Mr. Robert C. Middaugh City Manager City of Wheat Ridge. 7500 West 29th Avenue Wheat Ridge, CO 80215 Dear Mr. Middaugh: Enclosed is our executed petition for annexation to the City of Wheat Ridge. It is my understanding that language addressing specific use restrictions within the commercial zone will be integrated into the annexation agreement. I'll anticipate hearing from Mr. Omer or your city attorney on the matter in the coming weeks. In the meantime, let me know if you need anything else from us. We look forward to a long and prosperous relationship with the City of Wheat Ridge. Sincerely, Thomas G. Currigan Jr. Community and Local Government Relations cc Mike Alexander Jim Lynn Martin Omer Alan White KAW rvanda•ion HnIth Plan of Col.,mh+ • Coloralo F.-manew wdical Croup, F.C. Kaiser Founduthm Hcspita4 I03'0 Ein Dikota Amite • fkmer. Color.ida R.2'.i•13H - 0131144-7110 t• 5 Mill ~T=aE; ! i I a IT i li a {s s Is 3aE jig ! : a. T a` T a! 7. T Ti T F ~ ' ' st Tag!f~ i T ? Is 3. 3. i 3T Sa 14 $ !!Tart i : t1: ! Is t1 a g1 . - !i; i :S :•T s a ei s ~ ass 4 a~ s e a ai adz ~ .rn O H ui u u W d' W v u. . R c 'o a O ~ 'o 0 A m ~ n u U n m w _ Vol ~crnzan~cv ,~e~, SPECIAL MEETING CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building October 23. 1998 The Special City Council Meeting was called to order by Mayor Cerveny at 5:00 p.m. Councilmembers present: Teri Dalbec (arrived at 5:05 p.m.), 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 Attorney, Gerald Dahl; acting City Manager, Jack Hurst. RESOLUTIONS Item 1. Resolution 1687 - finding a petition for annexation of a parcel of land located in Section 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 (ANX-98-05) (RTD) Mr. Dahl explained that tonight's action was to find substantial compliance with Colorado Revised Statutes and setting an annexation hearing and does not affect Council's later decision on whether or not to annex the properties. He also informed Council that a judge has ruled that the Fairmount annexation election is not to be held at this time. Resolution 1687 was introduced by Mr. Siler, who also read the title. Motion by Mr. Siler to adopt Resolution 1687, finding a petition for annexation of a parcel of land owned by RTD to be in substantial compliance with the Colorado Revised Statutes and setting a public hearing date of December 14, 1998, to consider the annexation; seconded by Mr. DiTullio; carried 7-1 with Mrs. Dalbec voting no. MEMORANDUM Approved Date TO: Martin Orner, Plannine and Development FROM: Gary Wardle, Director of Parks & Recreation t RE: Case No. ANX.9834/WZ 98-16 - Kaiser Permanente Ward Road Medical Center DATE: October 22, 1998 The Parks & Recreation Commission met last night and discussed the above annexation project. The following motion was made and carried: "Recognizing the recreational and conservation value of the area surrounding the two ponds, the Parks & Recreation Commission recommends that any development on the property be done in a matter that is sensitive to wildlife needs, Lakeshore environment, and view corridors." If you have any other questions please contact me. MEMORANDUM Approved Date DEPARTNEMOFMBUC WORKS TO: Martin Omer, Economic Development Coordm t r FROM: Greg Knudson, Development Review Engineer DATE: October 21, 1998 SUBJECT: ANX 98-4/WZ 98-16, Kaiser Permanente Medical Center @ W. 48th Avenue & Ward Road The Public Works Department has reviewed the Planning Department referral dated October 14, 1998 for the above referenced site, and has the following comments: 1. As the proposed property has been developed prior to the annexation/zoning process now being proposed, the standard technical documents, (final drainage study, grading/erosion control plans, street construction/traffic plans) will not be required at this time. If possible, a copy of those technical documents which may exist and were approved by Jefferson County, should be forwarded to this department for informational purposes. 2. Any future development planned for this property will need to be referred to this department to determine the extent of those technical documents that will be required as part of the development review process. 3. The annexation map No. 98-6, is in the process of being prepared and reviewed by John McGuire, P.L.S. 4. The Traffic Division has reviewed this referral, and had no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 7500 WEST 29TH AVENUE October 21, 1998 WHEAT RIDGE, COLORADO 80215 The City of 4~, (Wheat GRidge Subject: Annexation Case No. ANX-98-4; Kaiser Permanente Ward Road Medical Center Zoning Case No. WZ-98-16; Kaiser Permanente Ward Road Medical Center Annexation Case No. ANX-98-5; RTD Ward Road Park-and-Ride Facility Zoning Case No. WZ-98-17; RTD Ward Road Park-and-Ride Facility Dear Property Owner: Per State of Colorado requirements, you are being notified of a neighborhood meeting to be held at the Wheat Ridge City Hall, 7500 West 29`s Avenue, Wheat Ridge, CO 80215, Lobby Conference Room, Wednesday, November 4, 1998 at 5:30 P.M. This informational meeting is being held to answer your questions regarding the above referenced applications which are being processed by the City. The annexation applications are to extend the City limits to include these subject properties, which are currently located in unincorporated Jefferson County. The Kaiser Permanente Ward Road Medical Center comprises 32.8876 acres. The RTD Ward Road Park-and-Ride facility comprises 8.036 acres. The zoning applications are to assign appropriate City of Wheat Ridge zoning classification/criteria to the properties should the annexations be approved. Please call me at 303-235-2854 if you have any questions. Sincerely, n artin Orner, AICP Economic Development Specialist c: File ANX-98-4; ANX98-5; WZ-98-16; WZ-98-17 (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 Arvada P.W.-Planning Fax:9-303-431-3969 Oct 29 '98 16:50 P.03 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303! 235-2846 Ridge DATE: October 14, 1998 The Wheat-Ridge Department of Community Development has begun processing 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 November 6, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO; ANX.98-4/WZ98-16 LOCATION: Kaiser Permanente Ward Road Medical Center (North of I-70, West of Ward Road, South of Colorado Southern Railroad tracks, East of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-1(Commercial One) APPROXIMATE AREA: 32 acres 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 1 [ j A t 3. Do you have adequate capacities to service the development? 4- Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? t 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? -11"Q 6t1 q z4r~adp' ht VLo CDKMJ A~ Please reply to: Martin Omer Completed by: 16/,; Department of Planning & Development a cy/Department, Date) DISTRIBUTION: X Water District (valley) X Sanitation District (Fruitdale) X Fire District (Fairmont) X Adjacent City (Arvada and Golden) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources X Denver Regional Council of Governments X Scientific and Cultural Facilities Dist. X Metro wastewater Reclamation Dist. X Jefferson County Planting Dept. X Jeffco Health Jeffco Schools 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 X WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X Fairmont Homeowners Association X Prospect Recreation District X Urban Drainage and Flood Control Dist. X Regional Ttansporprion D1aL X Denver Metro Major League Baseball Dist. "The Carnation City" Hrvaaa r.W.-Planning ax: 9-30,3-431-5969 Oct 29 '98 16:50 P.01 ARVADA PLANNING DEPARTMENT FAX OUR FAX NUMBER 13031 U-3068 10 (Z~ I TO: O( FAX # 2,35--,29-57 FROM: n-4 PHONE #-~k- 3620 SUBJECT: Nl' of Shoots waums COYER sir IF YOU HAVE TROUBLE WIN THIS TRANSMISSION PLEASE Ml =1431-WO 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 3031235-2846 a Ridge DATE: October 14, 1998 The Wheat-Ridge Department of Community Development has begun processing a request for annexation and zoning at the property described below. Your response to the following questions and any commeats on this proposal would be appreciated by November 6,1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX. 98-4/WZ 98-16 LOCATION: Kaiser Permanente Ward Road Medical Center (North of I-70, West of Ward Road, South of Colorado Southern Railroad tracks, Fast of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-1(Cottmrercial One) APPROXIMATE AREA: 32 acres 1 • Are public facilities or services provided by your agency adequate to serve this development? ! ~s 2. Are service lines available to the development? /V/W 3. Do you have adequate capacities to service the development? A.: 4. Can and will your agency service this proposed development subject to your rules and regulations? As- 5. Are specific easements needed on this or any other document? A10 6. Are there any concerns or problems your agency has identified which would or should affect approv of this request? Z Please reply to: Martin OmgX 'Completed b Department of Planning & Development (Name, Agency/Dcp rtment, Date) DISTRIBUTTON. X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Fairmont) X Adjacent City (Arvada and Golden) x Public Service Co. x US West Communications State Land Use Commission State Geological Survey X _ Colorado Dept. Of Transportation Colorado Div. Of Wildlife Coloiado Dept of Natural Resources x Denver Regional Council of Governments X Scientific and Cultural Facilities Dist X Metro Wastewater Reclamation Dist X Jefferson County Planning Dept. X Jeffeo Health Department Jeffco Schools 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 x WHEAT RIDGE Forestry Division x WHEAT RIDGE Building Division x Fairmont Homeowners Association x Prospect Recreation District x Urban Drainage and Flood Control Dist. X Regional Transportation Dist x Denver Metro Major League Baseball Dist "The Carnation City" r- Fairmount Fire Protection District Protecting Lives And Properly Since 1962 FAX TRANSMISSION FORM TO. FAX NO.: a ~S- p2~.S FROM: o~T~zr ~IuG . FAX NO.: 303 278-1252 DATE: it a r .COMMENTS: TOTAL NO. OF PAGES (INCLUDING COVER SHEET) -3 _ 4755 Isaball Street • Golden, Colorodo 80403 Phone (3031279-2928 • Fax (3031278-1252 DESIRE TO SERVE 0 ABILITY TO PERFORM 0 COURAGE TO ACT FROM :METROWASTEWRTER 303 286 3030 1998.11-18 14:SS #008 P.03i03 7500 West 29th Avenue The City of Wheat Rid e, Colorado 80033 Wheat Telephone 3031235-2846 Ridge ~~x t35 -135 DATE: October 14,1998 The Wheat Ridge Department of Community Development has begun processing a request far annexation and eon ng at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 6, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX 98-4/WZ 98-16 LOCATION: Kaiser Permanente Ward Road Medical Center (Noah of I-70, West of Ward Road, South of Colorado Southern Railroad tracks, East of ML Olivet Cemetery) REQUES'T'ED ACTION: Annexation into the City of Wheat Ridge, and zoning of the propcrry to C-l(Commercial One) APPROXIMATE AREA: 32 acres 1. Are public facilities or services provided by your agency adequate to serve this development? H /A 2. Are service lines available to the development? WA 3- Do you have adequate capacities to service the development? Y e s 4. Can and will your agency service this proposed development subject to your rules and regulations? y E S 5. Are specific easements needed on this or any other document7 h o 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? it U . j ta« Fln`~ Please reply to: Martin 0ner Completed by: Department of Planning &Developmem (Name, Agency/Department,Date) DISTRIBUTION: X Water District (Valley) X Jeffco Health Department X Sanitation District (Fruitdale) Jeffco Schools x Fire District (Fairmont) Jeffco Commissioners X Adjacent City (Arvada and Golden) X TCI of Colorado X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Land Use Commission x WHEAT RIDGE Public Works Dept State Geological Survey X WHEAT RIDGE Park & Rec Commission X Colorado Dept Of Transportation X WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division Colorado Dept of Natural Resources X Fairmont Homeowners Association X Denver Regional Council of Government X Prospect Recreation District X Scientific and Cultural Facilities Dist. X Urban Drainage and Flood Control Dist. X Metro Wastewater ReelamationMt X Regional Transportation Dist X Jefferson County Planning Dept X Denver Metro Major League Baseball Dist "The Carnation City" FROM :METROWASTEWRTEP. 303 266 3030 ' a ENG METRO WASTEWATER RECLAMATION DISTRICT 6450 York Street - Denver, Colorado 80229-7499 (303) 2863000 Telefax (303) 286-3030 1998.11-18 14:54 #008 P.01/03 Robert J. Werner. Chairman of the Board Richard N. Walker, Chairman Pro Tern Martin E. Flahive, Secretary John M. Dinga$$, Treasurer Robert W. Mile. Disltict Manager r G (Please complete form In INK) DATE: 0 DELIVER TO: lu \Q r~ O (rte C~ n C. l'' y o { Q COMPANY NAME: - WhE4ffld~E TELEPHONE NO. 3G3 lA OBI CITY/STATE/ZIP: 3P~ X35-~`b5-7 FAX NuMr3eR: FROM: REGARDING (PROJECT/MA7TER): G n h `J,q 1 I C v. Q r; i f TOTAL NUMBER OF PAGES (including this page): COMMENTS: N.7ORMSTAXFORM.doo Serving Greawr Denver WE USE RECYCLED PAPER 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge DATE: October 14, 1998 The Wheat Ridge Department of Community Development has begun processing 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 November 6, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: I ANX 98-41WZ 98-16 LOCATION: Kaiser Permaneme Ward Road Medical Center (North of I-70, West of Ward Road, South of Colorado Southern Railroad tracks, East of Mt. Oliver Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-l(Commercial One) APPROXIMATE AREA: 32 acres 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Martin Omer Completed by: Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Fairmont) X Adjacent City (Arvada and Golden) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources X Denver Regional Council of Governments X Scientific and Cultural Facilities Dist. X Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. X Jeffco Health Department Jeffco Schools 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 X WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X Fairmont Homeowners Association X Prospect Recreation District X Urban Drainage and Flood Control Dist. X Regional Transportation Dist. X Denver Metro Major League Baseball Dist. 6177 of /kzuouq "The Carnation City" a .:C Frem0nt Elem. x~' II 001 t, 4~_aP-f 116 12100 Istori ~I1Z0 ` _ ^ \ a,p IP \`•.~y-- .I o Alston 'Faro-zrz b I~ & u' &C 80004 C C<zn-•//'' a Arva a West Y- $ Park°~~~pg'•r r / oe Hi9 School o t An A P. ~ff; L! FL j, •u o zC ~n' [ ~1 / I it ~e~ I l\ i ! a i oECe . r-L R r! I i :,I a xr_a cry-'° sIgendate ^I ~y ~,U' oR[aE~IQ~j_~, 3 I~ , • r3 A.endalel 1z - e:la le. I _~Sl l¢ waI a a o I I i 'P., . y 9L r$ Elem. ScMa',: G~.n-PL'Q §ht a S zVenaprKoo`ITI I` Sdncblo . .r..: W BasJ~ - '3E3 rf- ;I 12800 w to SUBJE T _ nH j o ; SyO rt i ~ e~g 'wyN o al - , a=ern-.r- I OFIR71 ES R 0mPtea ° ° < <Nr s +R1DCE E 8062 is 1e ~~I I) ~I t-~ • aa2 o , t - 1'p '.9 . ,qz° pxsT Drake. i i ° ..g:LkgS~••- I L (°i V°U U 5 V°' Jr. High 1>tf~ :l 7r^._ School J.h 1 Gb 0. ,I I 4 ..u. . p soo'3 i~ Kr+~SER ,2 7 Mt . Olivet Cemetery p - c a o. Cifmie .5tl~vE Fla_dYE lloolw~ Y C - ; ( rn :VL^- =AVM^v~ I' r a8„ 1?600 w ; E g v i t .are° x 20 < n An it AVE 21 I. I'., 4W~ P b ett c ,R•- .ze?' rvP IA-1 SC-le ~ to Wheat Rid L' L! ,I y 01 SI 21.1 to .tr'r'Mge Ma'n~ I, aem ~i a tau -=*y a I ICo Kullerstrand cemar~ - if c 0 1: .Gf Elem School _ ✓ J n z I ~H~r~, min ,n I : e ms ~i~ r~Cl 4~I o . ie II 'b~ll oc A7r- o t-i P A P N No S WHEgT LAND USE CASE PROCESSING APPLICATION of wHEgr h Q h Q Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 oct~Rro° Phone(303)235-2546oo~oRpo° (Please print or type all information) nn Applicant I(~ Address Phone City Owner Ktt(5~2 4?^V2,QLi 1'✓ Address / 0 3 S~ Sim sT La4coTA ✓z Phone 3 yC7/- L/ City I~)iNVr2 8c: 2 3 / Location of request (address) 803 (~V4--zO e1Zo a0 0033 Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final Other: A/✓a/'c ~,~'70N Detailed description of the request: -O N cJC 0, 6? F, C24 S F Untin!(o~ 2n% % fiz G J of G J1 4F%-r 100r-0 Fill out the following information to the best of your knowledge. Current Zoning: 4 NNE Ef/£/ ~rCN Size of Lot (acres-or square footage): 3 2' /ZC2~S Current use: go, On -C" t r2 Proposed use: lngQL4 (e"237- Assessors Parcel Number: DO -001V - 2 02 -o/- 00/ 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 quested action canno„-lawfully be accomplished. Applicants other than owners must submit power-of- torney rd 'th owner hi IIh approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this kIL-1 day of r! ~ , 19 O~Vn Notary Public My commission expires Date received Receipt No. Case No. - '7 Y-0 L/ Related Case No. ZLff'/ /o Zoning Quarter Section Map ,,r ~r LAND USE CASE PROCESSING APPLICATION F WHE 1 C O ti l p P d D A lanning an evelopment Department 7500 West 29th Avenue, Wheat Ridge. CO 80033 Phone (303;235-2S,o eao° (Please print or type all information) Applicant Al ~0 Address Phone City n Ownerk'tS&z /'t/l v h i£rrT~ Address /19350 !F^s7" t0,si-or^ AVM phone City ~~zN~P2 (502.3 / Location of request (address) 3 tn/l-"2 0 Type of action requested (check one or more of the actions liste d below which pertain to your request.) © Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: &qv,9 57- 7Z~, 0a v-; '>Z. PX~ C~1~cS /I ~d/f2S0 ~J Nlvt~ Y ~`G ~ f^-To (f dG l.v./ F ~y'/L/)~ Cis C - I ~Urr~,~.~£•'tG/.a ~ Diu ~ . Fill out the following information to the best of your knowledge. Current Zoning: X "VNio Fb£lU/Jm~^'~ Size of Lot (acres or square footage): G /2 S Current use: /Y/EO1(11<1UTc/? Proposed use: 619164 '1 Nrr~ Assessors Parcel Number: - 00 -00 - 00 - 0/-00 / 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 uested action c t lawfully be accomplished. Applicants other than owners must submit power-of- orne Z he o er hich approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this U day ofd, 19 c Notary P blic My commission expiresl --Aq -28 IDa-te received Receipt No. Case No. elated Case No.~1 7- Zoning Quarter Section Map NHEAT DGE ANNEXATION MAP N®e 96-6 UNINCORP. JEFFCO N OS 15'1"tX ]M]~1 FAST YE Q N. M. V~ 5R~ CASE No. - ORDINANCE NO Nvr VIGINITT MAP LEGEND Tp Sy1NaN v Oft SM. 1/4 N SN.Ym 17. wln iz q a w d 11. Mlr GV w.lam- p . Ni ft T- Pmt d 5,p.ip. IS' IV w tb IN E W ft ec'L 5M. 1/4 a 61p p16 41 IW.] 5D9'AT AI'w 4i9+lD IW.] 501•.Z OO'w p Iiw.d . TwoN 7A•51'WEa".i 96ONIW IS' IZ w a 6ptarca el N W NW. Mrcs N W0 IV E O3-0O M14, llwrA N 04 A{' 15' E a dNapX el 5OD0 IW • of pX NM. 1/4 M Sid, ]0, TuMip 5 SII Y> ft Mr PA.;iiaM -T Nv 15t 12. m EW FX al IFF MAIM el SppYm W. a YDDI IW Ia IN Try P l W Gpriq P+T Of 1X5 NA tlml E p plEl® 6 MS PA K e9]IDb i6T JGM 6 M5 i@i£1@I T.Mi K CbMin35 MM T£ OTf OG wEAi H1fE 15 1451M9 T T tl A.IIt mRYWItl FRN TF GTT 6 N£Ai i•D(6 ca1c1®t« lw. X/L AMg rawmE ro orE rJPlla ANP AlE 5N~ w ]Ic m Swllpf5r 1/p ff SECKN n ]arJ51P 5 Sant pwNrE w rESr ff m pM IOIW Xb1'FA0 N P K' 14 X A PORTION OF THE NW 1/4 OF SECTION 20 AMC) THE SW 1/4 OF SECTION 17 TOHNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AG'FPfAIICE: 1 pw Is IIOrp Li No CI4 of MMaI li MN dW el . III Ury CXn Ilvpr O.tllrwnu NumMr ~Lm - 56C1KX LFl( XE/.T CCYiI MKNC! CW18tCRAFRS \ 15C{IIp11] .7 fv ep C(p11 WAn OF OOl11i ) couNn of srlFRSOx KppIN Iw flMp In IM oll ii of IM CX aM ll adw of Jp11Nwn Leanly C W C . m proerWr Board of County Commissioners Michelle Lawrence District No. 1 Department of Highways & Transportation Patricia B. Holloway Suite 3500 District No. 2 Phone (303) 271-8494 Fax (303) 271-8490 John P. Stone District No. 3 :msorense@co.jefferson.co.us Pager (303) 259-6102 Mr. Martin Omer, AICP Economic Development Specialist -y~ City of Wheat Ridge! OCT 14 7500 West 29th Avenue Wheat Ridge, CO 80215-6713 q~ RE: Kaiser Permanente Medical Center Ward Road Facility Dear Mr. Omer: Please find enclosed information regarding the right-of-way acquisition for the above facility. Additional right-of-way was required to be dedicated by the County's subdivision platting process. I hope this provides the information you need. Please call me if you have any questions. Sincerel Marty Sor sen Engineering Right-of-Way Agent ms enclosure 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 271-6511 October 12, 1998 H a 0 F ~Q Q 0 H 5 Q ~a] o, U H H N N a r~, a Q Q P4 O ~E P4 W~ a Q Q H 0 °x a O O H a 0 E En R W ~I IC x~ F O rt U .-i O m H ctl 0V m~ Fa N H --4• N H c 2 a ~ N rl Oa -0 V 2 H a H Q i~ i~ k ~k E J d 15 Z O H Z O H QH Q O z Q 0 H rn a O H O N s Q O H O H o NN N 4J 4J N C O 4j -1 N ~ C; U En to , O o N M P0'. 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H O iW- Q ro to ho ~O V m Z O -Cl •rl CC 0 4a 4) o c=m p, Z aim x as J O O N W 21 O z= a Et~ aU O m p' l Q x P. ❑ •yO /may A z CD 6 M ro A 1+ w ILI 0 :1 O A t A Z N y 0 ° a~w w i x00 °s~} aO N A W W N U N U q N N 0 -H O QZ $4 'ri ww ca m LYi U ~Ni v M~ ~a w o 4z a 0 •P o -P H m v -,4 (D %D O I N ro M O C) co fB M - w W w °b- coz_ •ri 0) 4 A C Pf o 4) q);;. O U U m Cd a A ° F M.ro b.. } 0) \10 ° $ tt0 N P, ro ON F~ 4~ r_ W 6 ~ U sO D Cd G ro g 4s) N O £ f 0 E w $Ll M ri v a c so «O J 0 O ~ E~ 1UIVU,Ub kRi 14:19 FAX ,303 424 0828 a P f emu. VALLEY RATER DIS ® 001 F VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX 424-0828 October 9, 1998 Mr. Martin Orner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dear Mr. Orner: Pursuant to your request to verify water service to the RTD Park-N-Ride and the Kaiser Permanente building on Ward Road, I offer the folowing: The District currently serves both properties. We plan to continue to serve the properties in the future. Any proposed expansions of either facility would require possible main extensions or water taps to be installed. Should you have any other questions, please feel free to contact us. Sin-erely, I Kithleen M. Kadnuck District Office Manager Memorandum TO: Mr. Alan White Director, Planning & Development FROM: Jack Hurst Chief of Polic SUBJECT: ANNEXATION IMPACT - POLICE DEPARTMENT DATE: 10/08/98 There will be some impact on the police department with the annexation of the RTD Ward Road Park and Ride, and the Kaiser Medical Center on Ward Road. Currently, the police department receives calls for service from both locations, however, Wheat Ridge Police do not respond, unless it is to assist another law enforcement entity. Calls received are forwarded to the Jefferson County Sheriff. The police department contacted the crime analyst for the Jefferson County Sheriff's Department to determine the types and frequency of calls at these two locations. The data received covers the entire year of 1997, and the first four months of 1998. It can be assumed that once these properties are annexed into the City, the same level of response will be required from the Wheat Ridge Police Department. What cannot be determined is the impact on police services that future development will require. The specific exclusions to the C-1 zone (car and truck sales and repair, churches and adult businesses) generally have little law enforcement impact. Therefore the exclusions are of no particular assistance in gauging future law enforcement service requirements. C-1 zoning is fairly broad. If youth related businesses are developed in this area; or, entertainment businesses (bars, lounges, movie theaters, pool halls, etc.) the impact on police services could be exceptionally high. Through an analysis of the calls for service generated by these two properties in 1997 and early 1998 the impact on the Wheat Ridge Police Department appears to be light to moderate. At this time I do not feel that there will need to be an increase in staffing or equipment, simply based upon these annexations and the current types of businesses in the area to be annexed. Criminal History and Police Activity In Area of Proposed Annexation RTD PARK AND RIDE - Ward Rd. 1997 1998 (January through April) Total Calls for Service Partial Breakdown of Calls 1st Degree Crim. Tres. 1 Recov. Stolen Veh 1 Found Property 1 Traffic Enforcement 2 Suspicious Veh 2 Total Calls for Service Partial Breakdown of Calls Motor Vehicle Theft 2 Theft 1 Is` Degree. Crim Tres. 2 Suspicious Veh 7 Criminal Mischief 2 Traffic Enforcement 14 Citizen Assist 5 44 7 KAISER MEDICAL CENTER - Ward Rd. 1997 Total Calls for Service Partial Breakdown of Calls 29 First Aid 1 Assist Fire Dept 4 Traffic Enforcement 5 Citizen Assist 3 Harassment 1 Unwanted party 1 Domestic Violence 1 3 Kaiser Medical Calls for Service Continued: Child Abuse/Neglect 1 Disturbance 1 Found Property 2 Theft 3 Alarms 2 Suspicious Veh 1 Building Checks 2 Damaged Property 1 1998 (January through Aprill Total Calls for Service 7 Partial Breakdown of Calls Fraud 1 Alarms 2 Building Checks 1 Assist Fire Dept 1 Harassment 1 Traffic Enforcement 1 KAISER PCRMANCN rC Oct. 7, 1998 Mr. Robert C. Middaugh City Manager City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Dear Mr. Middaugh: Enclosed is our executed petition for annexation to the City of Wheat Ridge. It is my understanding that language addressing specific use restrictions within the commercial zone will be integrated into the annexation agreement. I'll anticipate hearing from Mr. Omer or your city attorney on the matter in the coming weeks. In the meantime, let me know if you need anything else from us. We look forward to a long and prosperous relationship with the City of Wheat Ridge. Sincerely, 0- e--q Thomas G. Currigan Jr. Community and Local Government Relations cc Mike Alexander Jim Lynn Martin Omer Alan White K(xser'i-cundation Health Flan of Cnlrradn • Colorado Fa:manente Medical Creup, F.C. Kaiser Foundation Hrspitals P,r.750 l=ast Dakota alvcnue D;nrer. Ccluradr, RO-003134#-7200 MEMORANDUM Approved Date TO: Alan White, Director of Planning and Development FROM: Bob Goebel, Director of Public Works{ SUBJECT: Proposed Annexations along Ward Road 4 DATE: October 7, 1998 Because Ward Road is a State Highway, there is no impact to Public Works. All maintenance operations and capital improvements are performed by CDOT. Access and all plan review for Ward Road impacts must be approved by CDOT. City of Wheat Ridge Planning and Development Department Memorandum TO: Bob Goebel, Public Works Director Jack Hurst, C^hni`e`f` of Police GNV FROM: Alan White, Director of Planning and Development through Martin Omer, Economic Development Specialist SUBJECT: Economic Impacts: RTD Ward Road Park-and-Ride Annexation and Kaiser Ward Road Medical Center Annexation DATE: October 6, 1998 The City Council has requested that impact analysis be prepared by the City for annexations proposed along Ward Road. The City Clerk has received the RTD petition for annexation, and I believe the Kaiser petition will be received by early next week. It is anticipated that the City zoning which will govern these properties shall be C-1, Commercial One with exclusions on car and truck sales and repair, churches, and adult businesses. With this in mind, it is requested that your department prepare written summaries (one for each annexation) to generally explain and quantify, if possible, the impacts of the proposed annexations to City Public Works and Police services respectively. There has been some conjecture that the City already provides some degree of police services to the RTD facility. If so, this should be included in the Police impact analysis. Your responses would be greatly appreciated prior to Friday, October 30. I have included a copy of the final impact report from the most recent annexation, being the 44 h Industrial Park, for your review as to how your reply will be integrated into the final report to City Council. Also included for your use are copies of the individual annexation maps and the City's C-1 Zone list of permitted land uses. Thanks attachments The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 WHEAT (303) 234-5900 ~Wh e at City Admin. Fax. 9 234-5924 Police Dept. Fax ; 235-2949 GRi dge August 25, 1998 Tom Currigan, Jr. Kaiser Permanente Community and Local Government Relations 10350 Dakota Avenue Denver, CO 80231 Subject: Annexation; Kaiser Permanente Ward Road Dear Mr Currigan: Enclosed please find the Petition for Annexation which we have prepared in order to initiate the formal annexation procedure of the Kaiser Permanente Ward Road facility to the City of Wheat Ridge. . We have been informed that the community of Fairmont is preparing to begin the legal process of incorporation, and that their proposed city limits likely will include your property described above. If successful, the Fairmont incorporation will probably yield a bare bones administrative structure with most services contracted back to Jefferson County. With this in mind, and comparing the two alternatives of Wheat Ridge vs. Fairmont as governing local government entities, we are confident that our city, being a full service community, will provide you with better services such as road maintenance (Ward Road) and police protection. Considering this new issue of the Fairmont incorporation, timing for annexation to Wheat Ridge is very important. Please have the petition signed and notarized at your earliest possible opportunity so that we may begin the annexation procedure. I am available at 235-2854 to answer your questions. Please call me when the petition is signed and I will pick it up from your offices. Sincceer~ely odi~4, f c )4&1j e_-~ Martin Omer, AICP Economic Development Specialist c: Bob Middaugh, City Manager Alan White, Director of Planning and Development / Bob Goebel, Public Works Director CJ RECYCLED PAPER 4- -711 ~ O Z Z Z 37~~3od Uaz SS 6 Gnu ~e---/Q~ ~O 22 3 dd- coo / r ~jj'GGl/Le~ 3717-3 coo S~ oa~~ C~a z j 35Z~ o/ 0aZ 3 ~i~y a~oTz l-J~C)/26 4,-t c , Ccr, . 36 le~jo j C C / AMl e Cr~33 ~W-7c/o 016,1 W/ , ~1i1 c zee.. A v. /3 2 o L4 A*' 37 /-7y o-~- QD eq l aZ6 + li.. a. _.i -tip uue.: -'a ."i . - - - - - - - - - - - - - - - - - - - - - - - ve: k 'd - FAIRMO 4 72 - AEA TYPE OF LAIRD 11 25 Residential p to 3.q du/ac 26,•• Resideht l pto2.5 du/ac. 6 tF t- - _ 27 - 7 Cemetery - Residential - floodplaifc p to 2 du/ac adjacent to Va Bibber S"8TAND EY - 93 2' Existing Parks and Recreation Areas, Schools 28 Residential to722_du18o' t Yn " - " 9. Residential up to 4 du/ac - 2 as We Wh u ARVAD -13 Residential up to 2 Wee ` - 30 - R ! yer& McIntyre Street Ac We - ity Ceniei. 19 ilLerea..Aetail, Office, tght IQ&sldaIJN9sidential es Retail, Office Light ybr. 82nd Ave tol5du/ac Industrial . 20 Infill area. Recreational Vehicle Parks„B-eteiQWi - w da ial p to 1.5 du/ac' / Industrial, up 9 to 15 du/ac - 1 to t du/ac - - " t , , aft- Ave i . . reabalance of Office, Light Industrial, 34 21 Mixed Use "Co ervaI.onlfe a Geologic Hazard Retail, Community Facilities and Residential At is -22 Office, "-I Ranching Itu 49 ffiEZ sistent W, e m 23 Residential up to 24 Bu/ac outside existing Retai~ - current zo ng are irtE er_n rth - - m Off ice and Industrial tireas - - Plains. H S - - ree li / l m i 1 24 Residential up to 3 dWac r - . ee azar W. 741h Ave. can modi tres orln or al on whit ended land uses " - - " , w . i ARYADA PARK-.•~ -dWaca dw . lingunltsper'pcre. - W.. 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Ru<~..,vc6~ .R.?M $nu":n3ua.c~^ vnc"`ovc>=... u etc° c~~3~icJ'9 ox-J~e+ 4F9a •C► ~V ~v~ miz Ru~u 30. = c v o yoNO'o cx v o ~3 cu.^E._ Rv~- 3u3 0 cu'~ c> v ~s o aF v u 3 R =~._m o:: <.5.^ ~ :J c..~ m 35 u 3'~.L ,r38A ■ Rocky Mountain News Thu.; Sept.;17,.1998 i.-..:. - • BOULDER ADAMS AMU Hl h 0 UU Urbs ARAPAHOE it 2, Luke Clarke, Suburban Editor - (303) 892-2381 • e-mail - suburban@denver-rmn.com Err0o"r. comhuld ® rive for new cloty OUl-UP On boundary week when the city of Arvada incorporation drive in 1964. A de- brought it to the attention of Jef- cision in that case states "failure legal description could ferson County, said Mike Smith of of the petition for incorporation to WORM"" nver . ill cancel vote and force Arvada's planning office. properly set out the boundary to 11 "I don't know who did the re- be incorporated has been held to new start on Fairmount search for the legal description for` . make void the whole proceeding." "Wr By Gary Gerhardt - Rnrlry m.... t,,irt Net's Slaff 4Vri[rr An error in the boundary de- scription of the proposed city of N Fairmount may JFFERSO doom the drive for COUNTY a new city before voters get a say. The legal description includes 2.39 acres on the southeast corner of West 64th Avenue and Gardenia Street that was annexed by Arvada in April. Brad Shefrin, attorney for the incorporation effort, said Wednes- day, "I have two ways out of it. One is to start over. The other is a legal strategy I need to talk over with my clients before I can dis- Rocky Mountain News cuss (it) publicly. The conflict came.to light last Fairmount, but they should have checked with Arvada for approved annexations in the area before they included that parcel," said Jefferson County planning director Richard Turner. Shefrin sees it differently. He said Arvada recorded the annexation with the cleric and re- corder in April but the information was not transmitted to county de- partments for three months. Shefrin said the incorporation backers went to the county sur- veyor and the planning and zoning departments for information and neither was aware of the annex- ation. Boundary mistakes voided an DOUGLAS That could cancel the Nov. 3 incorporation election and send the process back to square one. Richard Linquanti, areal estate attorney with Ireland, Stapleton, Pryor and Pascoe, said, "If the legal description is mistaken, if there is property that is ineligible for incorporation, you can't really hold an election." At stake are 7.12 square miles of unincorporated land bordering Golden, Wheat Ridge and Arvada. _ A group of residents is seeking . incorporation to preserve the ru- ral character of the area. If successful, it would be the first area to incorporate in Jeffer- son County since 1969. 14 0 N H N 9 c° 9 t 9 I~ F v E U .q d~ ri W m N N M 0 M `c W V) ■ cc a W m i L V m r A _ y + :1 N C V -p _ O"'il n G= 9 J J j UC y ~ ca 0 U W N N u .N, u u 'S cn< . ~'E L ca TZ v N.•l - J .jJj A'y y N N V 9 % r ° = _gNUUr n`ry' ouE E U O y 5 y C y J y ~Q V CJ"' 'A H- C 9 C t V U G n U U~ T w 'Ji E m~.~a ~ 3 « y c l.^cVZ RE.z ¢ ~ n r co_ o- 3 eU <~:J z C C n F rO T % O.~ X+ V V J O.-= n ~ r n v C L v J t' A" G ~ O V 3 G.J.: L E u E a n Eo v s O ` T _ O s`•i C U . . Z E -i V= C.. y 3 5a=_ 46 ~ er r > n N N Q J.. V w Vl u E I E E 7 lr E -c E ~ ~ q,~ G G U I x I J S > V T _ t _ _ - J _ - v ^ _ _L G - _ r n = j :J J J = G _31 'v J E J _ 5 . _ - O u~9~uo J~~^3-P--~" ~cm`c E.r nti.E c>~ o Fc> ~wC^JO vnC a. S -o iZSL-". iJ O_ L O G L G _N u j V J A C G E C ~ L J- =2 Ei - ^_..J. C i0~ Nt'L_J°'O T~~ n~'C='nLL c EVE ?:f= ly ~JE`~ U.'i^C~'J C LA =yam 47 c ` C F z4 ..a Z:E O' N ANN y U F C i'~ G v 6 N vi J n` L^. iii c ~ - c v E u`^Gaci ~ o E n _ o_ c aQAn'_.ve,iSEvc w.~ V r CL.~ , C VwvC~ 'ice=-~ _ ~ccz as G /W~ cn_: :JL V c,~c UJN y -U y VOJ'¢G ~N=O.J T~~ F n r n C=G O^ C -"-a E rEi p m' vC~ ~~'SL z mC, r. _J 3 VI waz W S4 VJ ~ W 3 ~ I~ V 'A x _ O: 9 L 32A Ill lVlue f ll...,h Suburbs Luke Clarke, Suburban Editor - 892-2381 • e-mail - suburban@denver-rmn.com # ;jde m l IA a in Residents seek 3 . to incorporate P512, city of Fairmont a t: f/ Community resists growth By Gary Gerhardt ly populated, cookie-cutter subur- Rocky Mounta in Nms Staff Writer - ban tract. Residents of the community of Arvada's Sunrise Estates on Fairmount will have the chance in Fairmount's northern boundary is November to incorporate the first - planning more than 400 single- new city in Jefferson County in family and cluster units on 130 nearly 30 years. acres. - - - In contrast; Fairmount has only Incorporation backers say if 7,316 people spread out over 7.12 they don't square miles. JEFFERSON become a city Located east and north of North they will be gob- Table Mountain, Fairmount was COUNTY bled up by Arva- developed when gold was found in da, Wheat Ridge nearby Ralston Creek in 1858. or Golden and turned into a dense- The town of Arapahoe City sprung 27 The largest employer is the Co- ors Tecliuology Centei; and. many Coors' employees live in the area. a3ippotporated, Andrus said, space will be rented for a city hall, and a full-time-city manager, trea- surer-clerk and professional staff will be hired. "We'd contract with the county for law enforcement, road and bridge, planning and zoning, but the difference would be wed have the final say on what we want," she h Tabie ' ` 44th Ave rechnoro r CenSe[ ~1mile Rocky Mountain News up as miners sifted for nuggets,, `.'We want to keep our -aural among the tailings. - , character without high-rises- and As the miners moved into the big city expansion," said Flora An- hills, the area shifted into a truck drus, president of the Fairmount garden and. eventually evolved. Improvement Association, ".`tore- into today's suburban-rural collec- main a village where people can tion of minimansions, suburban "keep horses on acre lots and our bricks and frame farm houses sep- commercial and industrial, base arated by horse pastures, apple along West 44th Avenue." groves and green-grass lawns. See CITY on 35A ii 1-contract out #or services said. ton, Lone Tice and Bow Mar, all of The , question of incorporation, comparable size " annexation or remaining unmoor- Among issues to be dedded'on porated arose in February when the ballot would be whether to county commissioners warned resi-- ' incorporate, whether the new city dents they either start paying more would be a home rule or statutory taxes or have services reduced. city,.who should be on a nine-mem- "We held meetings and told res- ber Charter Commission if home idents we needed direction," said : rule is selected, and approval of a 2 Andrus. :."The majority favored `mill property tax increase and a 2 looking into incorporation so we set % percent sales and use tax. - up committees and worked out the If it. -passes, Andrus said, - the - details." - will cost the property taxincrease She said they talked to officials in owner of a $100,000 home about Foidield,Wmdsor;,Brush,Fort 14- $22ayeac ' EXHIBIT A e PARCEL A South, Range 69 West of the 6th A part of the N'd Ira of Section 20,Township 3 Principal Meridian, County of Jefferson, State of Colorado, being more particu- larly described as follows: COMMENCING at the Northeast corner of the NW 1/h of said Section 20; thence S89°25'25" W (bearings are based on the East line of the. SW 1/4 of Section 17, Township 3 South, range 69 West, having an assumed bearing of NO0°04'21" W) along the North lire of said NW 3A, a distance of 65.00 feet to a point on the Westerly right-of-way line of State Highway R72 (known as Ward Road); ,thence Soo°01'14" E along said Westerly right-of-way line, and _arallel with the East line of said YW 3A, a distance of 204.95 feet; thence 11 39°58'46" E, along said Westerly right-of-way line, a distance of 5.00 feet; thence SCO°01'1 " E, along said Westerly right-of-way line and parallel with said East line, a distance of 1L1.87 feet to a point, said point being the TRUE POINT OF BEGINNING; thence con- tinuing S00°O1'1L" E, along said Westerly right-of-way line and parallel with said East line, a 6istance of 220.63 feet; thence 1489°58'46" E, along said West- erly right-of-way "line, a distance of 10.00 feet; thence SO0°01'14" E, along said Westerly right-of-way line and parallel with said East line, a distance of 209.52 feet; thence 574°48'46" W, a distance of 15.54 feet*, thence NO0°01'14" W, parallel with said East line, a distance of 1"29.115 feet; thence N45°09'21" E, a distance of 7.05 feet to the TRUE POINT OF BEGINNING. PARCEL B A part of the 5W 1/1" of Section 17, Township 3 South, Range 69 West of the 6th principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: COMMENCING A* the southeast corner of the SW ]/4 of said Section 1'f; thence S89°25'25" W (bearings are based on the Fast line of the SW 114 of said Section 17, having an assumed bearing of 1100°04'21° W) along the South line of said SW 1/4 , a distance of 65.00 feet to a point on the •*?ser1loniBsaid fNesterly righttofe Highway way p,72 (known as Ward Road); thence 1100°C4'2i' B line and parallel with the Fast line of said SW 1/4, a distance of 35.04 feet; thence i thence • 1189°55'39" E, along said Westerly ':ght-of-'='-y line, a distance of 5.00 feet; NO0°04'21" W, along said Westerly right-of-way lire and parallel with said East line, a distance of 43.39 feet to a point, said ocint being the TRUE POINT OF BEGINNING; thence continuing NO0°04'21" W, along said Westerly right-of-way line and parallel with said East line, a distance of 281.11 feet; „hence S89°55 39 along Westerly right-cf-=ay line, a distance of 5.00 feet; thence NO0°04'21" W, along said Westerly right-of-way line and parallel with said East line, a distance of 50 -00 feet; i thence N89°55'39" E, along said Westerly right-of-way line, a distance of 5.00 feet; thence NOO°01+'21" W, along said Westerly right-of`way line and diparallel with00afa i 214.54 feet+ ; thence S89°55 39 East line, a distance of et; thence SO0°04'21" E, parellel with said !'%st line, a distance of 545.75 feet; thence 1189°21E, a distance of 10.00 feet, to the TRUE POINT OF BEGINNING. r. ao~ m 2 RECORDED IN Recnrded.t__. COUNTY OF JEFFERSON Rece pt inn No. 5 )111 1 C. OF COLORADO RF_CPi'Tl()N NO- 136(32'296/1 n•:;a'lica 'la: rs Tilts DeF: u. rune u,i. lag th ,la,.of ,'larch .19 86 het.'een KAISER FOUNDATION 110SPITAL$ a non-profit public benefit onrnnration ,I•llr ,.d and ,..I.lrn .mdnr sand I ,,,le. n( rile lax'. nrth,•statenf California ,.rthl-flntl.art.and the County of Jefferson, a body politic and corporate :Y.ilt)r4 ax);, duly nrcanlied and r..a s0 ng u . ar.nnl by virtue of the tans of u,.: aalrnr Colorado of lhe,ecnndrnrl:.,'hose legal add..... 1,1700 Arapahoe Street, Golden, Colorado 80419 :ordar. D2l-3.86, RECORDER'S ST,u1P N'ITSF:SSF:TII. That Lill ':Ill party of till flrslpar.r for andin consineratinll')flh.-a,ln, or other good and valuable considerations and ten .........................................DOLLARS to the Rill yarty of the Tint part In hand Lal.I I, Iha,.li.I part)' of the .unnd part. th.: r eipl wherrn('u hereby nnfe..ed and ark......l.,deed, hall, er:u, 1, .1, h.l .d, -11i and cnn rd.:nd by the. t- Irr nt, doe,, grant, bargain ,Ill, nd Drown nln III. 'rd -I,, of I!— -and part, it, ,it ....n and e.[i Qni forgers. Ar1,14114 those IS Door,d.>iPl at,-. Mn, and I...in,i a the rauntynf Jefferson and Still,-fCnIorado,/,/„/•/ which are more par ticularly described in Exhibit A, attached hereto and incorporated herein by reference Tho dse3 is ';,;cr.-vied t^.O _T Cay of-. AP1Z1L----------- CF.c irp an ako kn-r, a, 111,.r.1 :,,it ounito'r vacant land TM;F..TIIF.IC with all and -1v 111:,r the I... titan o nu and :gllnlrten alines therrlnto hednngine, in anywise 11 :.pl•. rtalnnl1,:md the n.rrxhm -d rover........ ncoai ides and rem if riders, rents. Issue. and profit., thereof; and all till ryT arr. ngln, tit l, imerr.L Naitit :1111 Irm:uul wh:rtsncrur of [hc .said p:,rtv of the first Part, either in no, or oquily...f, in :vr•I 1 Ill ;II Ie barenined prenli,o,, with the herecitarnenLa and aPPnrtenanel,, To I1.\\ "F: AND TII 1101.11 11- :tit I niis.•s al,ovo hargained and de,erihed. with the a,,nlrtenangv into the raid pnrp',fit e.„•....I pa", rta ...,,,>.orn.uul a..lan..nav r. And lh. saiA 11:111y nrlhe first p:n'l.for l.elf.lI,. na„ s.nn.,...iIIsi gn... kill rn. aot.erant. hareain host agree to and with the pnrty nr IIII. .,,,nnl I•:, III loll. 1l1rI .uvl asst n.. That at the tin,.. or the t•n„•ahng and deli.ery or these l f11 I re I,u re Ill- rf. t ))lot t e :I nl ndo n•I!I„ f 1 f II I 11 l It f III .'r andl wfal tl 'b t grant bare'ao II d II If f ''I Itl ttill . u„ nr Os,nl c1lar f `I fanner and othe ti arty I a n a il a .I ,x It . ,l,:I „1 r. n, f.1, a:a„ r 4md at are. general ad valorem taxes for 1986 and subsequent years- any tax or, assessment levied by Aruitdal Samt~t'on Drstri t or Val060 W Z'r D st ct P ilities pp ;tic tion greemen~ recorded at Recep€ion No. ~1o and aReM' ~~ierato; o Icra~~ I Cevelc ent Plans recorded at Reception No. 81029467 and i~ndorsefnnts o~ record.. y n Ill 7 1 1 tl 1 1 I I 1 f a t, it tae ,tz n t t 11eonto 11 tr~• of. t II till - l . 1- 111 %1 f II a T I m fhr whole or TI ll 'll "it h, fill' i T II' 11. b1 1t RA NT A\ I F01 F% F It I F F I: I 11\'Itln\lila\ TtliE RE ce )Ftt t1 't rn r.l I ll a 11. 't n wte~, &C'q~all 1 1,111.1. ,I ant, al 1, , to rl'. I ttnrttll, t- •.f` to III l' ned:a. .,Id.,ar rr,t KAISER-FOUNDATION- HO SPl~'~]}2,'8`_f~ Pt tir❑F pF t.0 1 OR 1DO City andJ t f. Denver S~A~ 'IkV f7✓~r~ q^Ab~3 T,- Pne, na- t a nl..,, k, I I,, II r , no. r.' lg T'* I` d:a. err March In 86 shy David mcK. Lawrence Vice 11r".u1"m :on1 of Kaiser Foundation Hospitals, a nlit public benefit -n I/. CaZ,fifioc~ia corporation ~tlr ; rrr~rrr'rir'r ,:p'`• ,h'nnlnrlnl ro,nnfis+iml rzP'ires ,Y t11. r,.,n y111 ands'ff 1. hill -1 . . 'AII1,4;:. vl u pTfi 11:1:1-1 ,I•,.In•n n a 11 .I.... _lal..Ir1n.11.1.IILtl,... 1.11..,...,1 r.l .,r,... nl....n•,rs:q.to l 1,-v.lv r r :ji, FIIW for recor! tha__day of ,A.D. i9 , at o'el ock M. a-"-ptlon so. tv -ea RECORDER. RECEPTION NO. 92168151 THIS DEED , Nada on this day of 12/28/92 16:10 15.00 between RECORDED IN IWLSFR FCLN[~.T'ICx1 FA`.Sp=LS, A CUZFVWIA NON'-PROFIT COUNTY OF JEFFERSON C0RUC ATTCN STATE OF COLORADO e corporation duty organfzed ard esistfN under ard by virtue of the laws nl the State of CAL,F0FN7A of the first pert, end IQkISFR F0INaATIQ4 HFJJ-TH PLAN OF COLOPALLO, A (MORADO NCN-PPCFTT CORPORATION U e carpnration duty organized ord existing under end by virtue of the laws of the Statd of COWPALO of the secesi pert; flff whose legal. address Is 10350 E. Dakota .Avenue; Dcnver, Colorado, 302;1 WITHESSETH, That the said parry of the first part, for m4 in crosido,.tisn of the sun of ( ) 1f~ Ten Dollars and Other Good And Valuable Consideration % the said party of the first part in hard paid by the said party t of the second part, the receipt sM suffieion' „hereof 'IS hereby confused and eckm.l eriged, h.tn granted, bargafrxd, sold and conveyed, a.d by these presents does grenq bargain, seit, convey ard confirm, ante the said party of the second pert, Its successors arcaxalgns forever, It of the foilwirq t described or parcelta) of lens, situate, tying end bring in the County a} J~ and State of Coloreds, _ to-wit: SEE ATSACH® EXHIBIT "An ¢F o,~ W FQ -O C. at-- known, as street ember 4500-4900 WARD RD. `1. TOGETHER, with nil ard sfngutar the heraditaernxs arc apourtanumes betongfrq thcretnto, or In mywire appert.frim, and the reversion aM : eversions, renninGer and remainders, rents, Issues and profits thereof; and It the estct•, right, title, (ntereat, claim and dmard wh-tsoever of the said (l above ben premises, with the hereeftements and a party of the }(ran or•!; of then In law or agai ty, of, in erec to the t' gained! and os. t_ ID ,AVE AND TO No.D the said peon(..s barrelAnd end descril descrilxd above, with the app,rtenarx<s Into the said party of the . i rt It, s atx:cos end aTATSforever. And the said !0-LSfR FF,[)NLNITON IiC6PITAL r A CAL1x`tTt2NiA NW-PROFIT t]0RF(SRA1'ION party of the first port, for itself, its successors end -.signs, doth covenant, grant, bargain erd agree to and with the so 1<I perty of the second part its successors end assigns, that at the time of the eraeal IN and delivery of these pra.ont. It Is wetl seized of the premises above conveyed, has good, sure, perfect, absolute and (Me feasible estate of irherlterce., j In Lew, In fro simple, erci hath goad right, lull power and lawful authority to grm'R, bargain, sell end convey the same in .7,mer and form aforesaid, and that the sane are free and clear fras all former end other grants, bargains, sales, Ilene; taxes assessments and enanbrances of whatever kfrd or nature waver- ED'C~'IO SAS ~ ONEXIIBBTT "B" ATTACHED ANYFiA D MUE 2A PAND APA HIEPbF SAS IF FUUM SET FORTH rZERE21N. ! e d the above bsr,eined promises in the quiet erd peaceable poasessim of the said party of the secs nn':, itu ,,,aecr. aga endt asei gfhe firrsre mt ell erd every person or persons lawfully claiming or to ctal• the whole or on, pyrt ~IQ%Jiodo7t a said part shall ard will WARRANT AND FOREVER DEFEND. G S Ix vt TRESS WHEREOF, The sa'd party of the first part hath caused IN corporate awe to be heleJd~p a President, and its corporate seat to be here unto affixed, attested by Its 'JAS' -t' s',t Secretary, the day and year firs: above rittnn. - ; .4 Attest: F n r'~_ FALSER FCUNCWTLCt1 FlC6PITA.LS,TC S=A~'IFG.'rWI7il P v PROFIT CORPORATION secretary ~Jvf ~ By / j am/ nI nlit,sn STATE OF GgtBRicR;' Area radon: sat Canty of the foregOi ns ntrtment was ackrow ed ed before me this day of.4lGCfiLL~(r /1~ ~ ~Z M ~I<~ /~tf-dlti /Lyct.G`%t. ~jyt/ as President and ,ro ortary of FAISER FOUNDATION FosPITALS, A OCAUFCRNIA NON-PSOFTI' MRMRAA N sec O pora[ion - my notarial cormis.im esp.res X'GG- Bums qt. C -I .:I vitr'esc my hard ard official s,.~. 12 zu f t,lOria F t "Fc,aT IVFa ~ Gi v.VE AL , p sae -oe eCO rn m• Motor, PWl(< AC10412.0349698 AW349698 ' Form No, 767 CdINTER WARRANTY DEED-Corporatiai to Corporation r4k#{rF. A PARCEL OF ~~N V LAND LYING WITHIN THE SOUTHWEST 1/4 T1fE NORTHWEST 1/4 OF SECTION 20; TOWNSHIP 3 SOUTH, OF SECTION 17 AND RANGE 69 WEST OF THE 6TH PRINCIPA_ MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 17; THENCE NORTH 00 DEGREES 04 MINUTES 21 SECONDS WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION; 17 (BEING THE ASSUMED BASIS OF BEARINGS), 1 FEET; THENCE SOUTH 89 DEGREES A DISTANCE OF 624.0 60.00 FEET 55 MINUTES 39 SECONDS WEST, A DISTANCE OF -r0 A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF W POINT BEING THE TRUE POINT OF BEGINNING; THENCE. ALONG SAID WESD ROAD, S,•,ID OF-WAY LINE FOR THE FOLLOWING 12 COURSES: ERLY P.IGHT- 1. SOUTH 0 DEGREES 04 MINUTES 21 SECONDS EAST, PAR- SOUTH CENTERLINE OF SECTION 17, A DISTA'$CE OF 214.54LFEETITH THE NfORT_H- 2. THENCE SOUTH 89 DEGREES 55 MINUTES FEET; 39 SECONDS WEST, A DISTANCE OF 5.00 3. THENCE SOUTH 0 DEGREES 04 MINUTES 21 SECONDS EAST, PARALLEL WITH THE NORTH-SOUTH CENTERLINF. Or SAID SECTION 17, A DISTANCE OF 50.00 PEET; 4. THENCE NORTH 89 DEGREES 55 MINUTES 39 SECONDS EAST, A DISTANCE OF 5.00 FEET; 5• THENCE SOUTH 0 DECREES 04 MINUTES 21 NORTH-SOUTH SECONDS EAST, PARALLEL WITH THE CENTERLINE OF SAID SECTION 17, A DISTANCE OF 325.00 FEET; 6• THENCE SOUTH 89 DEGREES 55 MINUTES FEET; 39 SECONDS WEST, A DISTANCE OF 5.00 f 7. THENCE SOUTH 0 DEGREES 04 MINUTES 21 SECONDS EAST, PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SAID POINT ON THE SECTION .17, A DISTANCE OF 35.04 FEET TO A . SOUTH LINE OF SAID SECTION 17; 8. THENCE SOUTH 0 DEGREES 01 MINUTES 14 SECONDS EAST, PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION .20, A DISTANCE OF 204.95 FEET; 9. THENCE NORTH 89 DEGREES 58 MINUTES 45 SECONDS EAST, FEET; OF 5.00 A DISTANCE 10. THENCE SOUTH 0 DEGREES 01 MINUTES 14 SECONDS EAST, PARALLEL WITH THE riORTH-.SOUTH CENTERLINE OF SAID SECTION 20, A DISTANCE OF 362.50 FEET;' 11. THENCE NORTH 89 DEGREES 58 MINUTES 46 SECONDS EAST, A DISTANCE OF 10.00 FEET; 12. THENCE SOUTH 0LIEGREOr D ESS01 MINUTES I4 SECONDS EAST, PARALLEL WITH THE 20, A DISTANCE OF 209.62 FEET; THENCE SOUTH 74 DEGREES 48 MINUTES 46 SECONDS WEST, A DISTANCE OF 96.6 FEET; THENCE NORTH 1 DEGREES 35 MINUTES 58 SECONDS EAST,, A DISTANCEOOF3 1652.86 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 39 SECONDS EAST, A ` ISTANCE OF 869.88 FEET T MORE OR LESS TO THE TRUE POINT OF BEGINNING. '1"Ci \Y E198 TTP HAT pORTIION COt; ✓EYED TO JEFFERSON COUNTY IN DEED RECORDED APRIL 1, 1986 UNDEZ RECEPTION NO. 86032964, AND EXCEPT THAT PORTION DEDICATED FOR WARD ROAD ON THE RECORDED PLAT OF KAISER PERNLANENTE SUBDIVISION 1. ICING NO. NOTE: A PORTION OF THE SUBJECT PROPERTY IS NOW PLATTED AND IS DESCRIBED AS Lot 1, Block 1, KAISER PERMANETE SUBDIVISION FILING NO. 1. RECEPTION NC. 92168151 EXHISIT "8" EXISTING LEASES AND TENANCIES, IF ANY EASEMENTS, CONDITIONS, RESTRICTIONS, AND RESERVATIO14S ON THE RECORDED INUTILITY EN PLAT, STRU IILITYEN AS GRANTED TO PUBLIC SERVICE co:IpA7iy OF COIgRADO IN T RECORDED August 29, 1974, IN BOOK 2658 AT PAGE 522. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE FRUITDALE SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED October 31, 1981, UNDER RECEPTION N0. 81072070. TERMS, CONDITIONS AND PROVISIONS OF FACILITIES PARTICIPATION AGREE:iENT RECORDED November 03, THERETO 1981 AT RECEPTION N0. 81080618 AND ADDENDUM RECORDED FEBRUARY 11, 1983 UNDER RECEPTION N0. 83012562. ANY TAX, LIEN, FEE, OR ASSESSMENT PROPERTY IN BY REASON OF THE VAIS,EY WATER DISTRICT, AS EVIDENINCLS CEDT]BYO SUBJECT Augus16 1982, UNDER RECEPTION NO. 82056691. INSTRUMENT RECORDED RIGHT OF WAY EASEMENT AS GRANTED TO CONSOLIDATED JUrHEP! DITCH AND COMPANY ZN INSTRUMENT RECORDED January 21, 1986, UNDER RECEPTION NO. 86006760. RESERVOIR THE EF3ECT OF WHEATRIDOE MEDICAL CENTER OFFICIAL DEVELOPMENT PLAN 1986 UNDER RECEPTION NO. 86021393 AND DECEMi ER 8, DECOPDED RECEPTION N0. 86030380 AND AMENDMENT RECORDED NOVEMBER 10 1987 RECEPTION NO. 87137586. 1986 UNDER UNDER RIGHT OF WAY EASEMENT AS GRANTED TO VALLEY WATER DISTRICT IN INSTRUMENT RECORDED March 12, 1986, UNDER RECEPTION NO. 86025369.1 RIGHT OF WAY EASEMENT AS GRANTED TO VALLEY WATER DISTRICT IN INSTRUMENT RECORDED March 12, 1986, UNDER RECEPTION NO. 86025371. SPECIAL IMPROVEMENT DISTRICT LIENS RECORDED OCTOBER 27, 1988 UNDER RECEPTION NO. 8R105098, NOVEMBER 9, .1989-UNDER RECEPTION No. 89097338, NOVEMBZR 8, 1990 UNDER RECEPTION NO. 90095555 AND NOVEMBER 14, 1991 UNDER RECEPTION NO. 91106061. RIGHT OF WAY EASEMENT AS GRANTED TO NORTH TABLE MOUNTAIN WATER AND SAN I'910299DISTRICT IN INSTRUMENT RECORDED April 10, 1991, UNDER RECEPTION NO. 91G2990. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED April 01, 1986 AT RECEPTION NO. 85032960. UTILITY EASEMENT AS GRANTED TO PUBLIC SERRVICE COMPANY OF COLDPADO IN INSTRUMENT RECORDED June 13, 1986, UNDER. RECEPTION NO. 86064190. RIGHT OF WAY EASEMENT AS GRANTED TO NORTT,i TABLE MOUNTAIN WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED April 10, 1991, UNDER RECEPTION NO. 91029898. RECEPTION NO. 92168151 'rycT PROJECT: DESCRIPTION: FILE: Untitled UNITS: U.S. SURVEY FOOT Monday, September 14,1998 1:09 PM PAGE 1 ProCogo for Windows Version 2.0 Oct. 6, 1995 Copyright(C) 1994, 1995 Sarasota Computer Associates, Inc. All Rights Reserved New Cogo File File Name: untitled Size: 100 Created: 09-14-1998 Last Edited: 09-14-1998 Project No.: Description: INSTRUMENT SETUP Instrument point: 1 20527.5963 21910.3656 Backsight point: 2 17885.2848 21922.0492 Backsight Bearing: S 00°15'12.0" E Distance: 2642.337 Remarks: TYPE FROM TO DIRECTION DISTANCE NORTHING EASTING TRAV - 1 3 N 00°18'19.0" W 624.010 21151.5974 21907.0408 TRAV 3 4 S 89°41'41.0" W 929.880 21146.6430 20977.1740 TRAV 4 5 S 01°22'00.0" W 1652.860 19494.2532 20937.7524 TRAV 5 6 N 74°34'48.0" E 960.630 19749.6776 21863.8022 TRAV 6 7 N 00°15'12.0" W 209.670 19959.3455 21862.8752 TRAV 7 8 N 11°03'18.0" E 102.000 20059.4528 21882.4338 TRAY 8 9 N 89°44'48.0" E 30.000 20059.5854 21912.4335 TRAV 9 10 N 00°15'12.0" W 468.010 20527.5909 21910.3642 Closure Closing line: N 14°18'42.6" E 0.006 from 10 to 1 Latitude (N):0.005 Perimeter: 4977.060 Departure (E): 0.001 Error of Closure: 1:886001 Area: 1432534.232 Square feet 32.8865 Acres Area has been reset. s fF Z i e 8~Z3Ft a ' i late ail Mbe z o o - i1! Lu I; z Q Lu cv " Q I'0 Lu _ v c96p U tF ~ r LAND USE CASE PROCESSING APPLICATION NEE,; = y` ~ Q 4 \ A P \\ll p ` c Planning and Development Department =n . 7500 West 29th Avenue, Wheat Ride. CO 80033 Phone=3)235-2546 0 ~R au` (Please print or type all information) Applicant -Kaiser Pprmanantp Address inirn Fact Daknta A ip PhOne344-7747 City Denver, CO 80222 Owner Kaiser Pprmanpnte Address Same Phone City Location of request (address) 4803 Ward Road 80033 Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑X Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑X Other: Annexation Detailed description of the request: Request to annex 32.88 6 acres of unincor orated Jeffco land and rezone the property to City of Wheat Ride Commp rcial-~Lne (C-1) witb specific restrictions. Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): 32-886 arrps Current use: Medical Center Proposed use: Medical Center Assessors Parcel Number: 39-173-00-004 9-202-01-001 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 action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney fro th caner which p oved of this action on his behalf. Signature of Applican - , Subscribed a d sworn to e this V day o , 19 L ~ Nota blic ~S,tc My commission expires Date received 2 Receipt No. Case No. Related Case No. Zonin g Quarter Section Map eF' WHEgr LAND USE CASE PROCESSING APPLICATION aF wHEgr ~ P ~ P ti o ~ o m Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 °ocoRr~~o Phone(303)235-2346 _ oc~oRPOo (Please print or type all information) Applicant Address Phone City Owner //q 0M/4"J £tiT>r Address / 0 3 S~ pia s7- D4o7-- Vi, Phone y~ City L~iNVz'2 802?, / Location of request (address) 41L;as (/UA-zo o.ao 00033 Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final Other: All s64-7°N Detailed description of the request: si o ~N cX Z, frrg 6 C2a $ F UN I n(( OR l2A% ~/>-..ice / L C i r- d'~ (-~C11°f c .~.7' //JCi z`~ Fill out the following information to the best of your knowledge. Current Zoning: A n/N su~✓ M i Size of Lot (acres or square footage): 3 2. ei Ac2, S Current use: ~0/ [a / CAN ;t Proposed use: 0/f4 F (-e" 7e Assessors Parcel Number: 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 ested action canno wfully be accomplished. Applicants other than owners must submit power-of- torney vr6l,7 owner hi h approved of this action on his behalf. Signature of Applican { ~ ,,p Subscribed and sworn to me this t ~ day of~, 19 Notary Public My commission expires Date received Receipt No. Case No. ' 1/ p Related Case No. Zoning Quarter Section Map N ,a LAND USE CASE PROCESSING APPLICATION i \ P ll \ A Planning and Development Department 7500 west 29th Avenue. Wheat Ridge- CO 80033 Phone 203) 235-2S48 'R00 (Please print or type all information; Applicant Falser yprma + Address iniFn Fact naknta a P Phone 344-7 47 City Denver, CO 80222 Owner Kaiser PermanPnte AddressSamP Phone City Location of request (address) 4803 Ward Road 80033 Type of action requested (check one or more of the actions li ste d below which pertain to your request.) ❑ Change of zone or zone conditions - ❑ Variance / Waiver 1 Site development plan approval F ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑X Other:-Annexation Detailed description of the request: Request to annex 32. 88 6 acres of unincorporated Jeffco land and rezone the ro ert to City of Wheat Ride CQm mP rcial-Qne (C-1) witb specific restrictions. Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): Current use: Medical Center Proposed use: Medical Center Assessors Parcel Number: 39-173-00-004 -202-01-001 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 action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this - day of , 19 - Notary Public f-M , - Niy commission expires Date received Receipt No. Case No. Related Case No. Zoning Quarter Section Map ®e® I<NSCR PERMANENT Oct. 6, 1998 Mr. Martin Omer City of Wheat Ridge 7500 West 29Th Avenue Wheat Ridge, CO 80215 RE: Annexation Petition Signature Authority Dear Mr. Omer: This letter confirms the authority of R. Michael Alexander to represent Kaiser Permanente as its "landowner." In addition, it confirms the authority of Thomas G. Currigan to represent R. Michael Alexander and Kaiser Permanente. Sincerely, C&C R. Michael Alexander Vice President and Executive Director Kaiser Foundation Health Plan of Colorado • Colorado Permanente Medical Group, P.C. Kaiser Foundation Hospitals P.O. Box 378066 • Denver Colorado 80237-8066 10350 East Dakota Avenue • Denver Colorado 80231-1314 • (303) 344-7200 N d O z c O N N' E N E 0 U U c c « A T T V V I L O z a E T d wo m ai m N c a E z o N m° p v c ~ a T y o m c o0 zom 3m d~ o 3 ❑ m o o w ¢ U m❑ ~y A a M o z ~ u d d 3 3 d d o o u o x y d d C N d ~ Q' ~ d y O_ c ca N a s y N d 3 ~ 3 d d. d C ~ d O. ~ N U ¢ 0 D_ O K N N ¢ ¢ d LL 0 m U a d E C d 7 V A O w c d E CL ol mo >o W, OQ sa .o c m m co co ao N M mn C ~ C ~ O N N c 5t ~z ga U¢