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HomeMy WebLinkAboutANX-98-05# F0 19 WHEAT PILDGE ANNEXAT-tON NAP-No. 98 7-e- A PORTION OF THE NW 1/4 OF SECTION 20 AND THE SW 1/4 OF SECTION 17 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF ARSON STATE OF COLORADO CASE No ANX-96-05 F R Q cy J ~l jI \ X Of O ' = 00' «N lb UNINCORP. JEFFCO A 8.1 TO GE o AME® tl tl ace VICINITY MAP DJI, MA41 lv Y'0YX p]e o Id a e V w SURVEYORS fFRTIFICATE PMCa P I e mer I, Jdn P McGne, a re listered PION66iond Lad Surveys in the Stale of Colorado do hereby 511-IA I Celli ".0 No map filled VA-EAT RIDGE ANKEXATIO14 MAP No. 96-7, . prepared alder my PA wpenieim fa add an beholf of tiro 6y OF "heal RNge aId Mal it I. On awrale de*tion at PAaGB PARCB I the sea to be arKmKed baecd on ft facial deecriT hcne of record In the Canty of JcHaeon. 5 6 Stale of C cecclo. TNe ie not a Land Survey Plat or an Inpowemcnt 5w.ey Plat. 1 DAR ' 18EilaJAI TRAtYpCRTATK14 I 4 w' on.. , DISTINCT PARCSS I-A2" J 5E-IA ~ON Nd. 69057,33 AI7FA . 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OJARR43 CO@A3t5 ACCEPTANCE: A.."Iedd (farr nq by IM CRT at Wheel Mope thl. day, of D1; twf V Ciry Cte C/) DMIr.nc. Xumben M CLERK AND RECORDERS CEFITI TE STATE OF COLORADO 3 55 COUNIY DE JEFFERSON Accepted for fill" In M. office of M. Clerk and Recorder of JNbpon County Colorado, 1 p Im yq:jy'$jeewkp... Me aak"of2:1 In Rde1[/y7 el paw y' eM a1 MeQH/ D:J c 1. Cle and Recardere' J S' ' ~ - A w .e ANNEXATION AGREEMENT Tit, THIS ANNEXATION AGREEMENT made and executed this /~ofE, 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 Regional Transportation District (RTD) 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 M.; and Whereas, Regional Transportation District 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 asree as follows: Section l: 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 3 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 Public Transportation Park and Ride Facility specifically for the temporary parking of cars relative to participation and use of public transportation services 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 Riehts. 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 Cityof 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 6 hereof. B. Anv Citvwide 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 ATTEST: B WANDA SANG, APP AST FO Ge a d Dahl, City . ttorney Regional Transportation District A"&OWi'i aS To VrGAL FORhA Fn* Trff LANDOWNER MiOKAI TMNSPOaTai+oyN r: UC,AI CCrUPd5:1 Authorized Agent for Regional Transportation District 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 Md_. day of . 1999. NOTARY PUBLIC SEAL: My Commission Expires: hty Commission Expires 07/13/2001 a home rule municipal corporation EXHIBIT A RTD Property Beginning at the Northeast cornier of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6'" Principal Meridian. . Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 77,7.69 feet. Thence S 89° 44'43" W a distance of 50 feet to the True Point of Beginning. Tnence S 740 34'48" W a distance of 625.31 feet Thence S 0° 15' 12 a distance of 299.97 feet. Thence S 74 ° 35'0 1" W a distance of 10.36 fee:. Thence S 0 ° 15' 12" E. a distance of 227.30 feet. Thence N 39 44'48" E a distance of 9.96 feet. Thence S 0' 15' 12" E a distance of 103.65 feet. Thence N 65 ° 53' 13" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0' 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. fL , or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT B RTD ZONING The Zoning for the property described in Exhibit A 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: 1. 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. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code of Laws: 1. Banks, limited to 2,000 square feet. 2. Child care centers. 3. Offices: general business and professional offices. 4. Park-N-Ride. 5. Parkin- of automobiles of clients, patients, and patrons of occupants of adjacent commercial districts. 6. Sit down restaurants. 7. Service establishments as listed below: a. Blueprintin-, photostatic copying, and other similar reproduction services; however. not including large printing, publishing andior book bindin- establishments. b. Laundries and dry cleaning shops. C. Shoe repair shops. d. Tailoring, dressmaking, or clothing- alteration shops. C. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. S. Stores for retail trade as listed below: a. -Bakeries, retail. b. Book stores and newsstands. C.. Camera and photographic service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasoline pumps. limited to 5,000 square feet. f Delicatessens and coffee shops. Drug stores. h. Floral shops. RTD Zoning Uses Page I wZ-9S- r i. Gift, novelty or souvenir stores. j. Jewelry stores. k. Notions stores. 1. Optical stores. M. Picture framing shops. n. Stationery stores. o. Video stores. II. Sire Plan Requirement: All permitted principal uses as listed above 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, Prohibited Uses: The following uses shall be prohibited: 1. All adult entertainment facilities as defined in Section 3-1 of the Wheat Ridge Code of Laws. 3. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. 3. Commercial machine shops. 4. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storae lots. 5. Churches. 6. Liquor stores. Mortuaries and crematoriums. 3. Pawn shops. 9. Golf courses. 10. Tobacco shops. 11. Taverns, night clubs, lounges, private clubs and bars. 12. Truck stops. IV. Special Uses: Any use proposed for the property not specifically listed in 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 the approval of a site plan as required in Section 26-6(B), in accordance with Section 3-10 of the City Charter. 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. RTD Zoning Uses Page 2 WZ-98-1" V. Development Standards: All uses shall be subject to the development and use standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. The parking requirement for any use permitted either as a principal permitted use or a special use shall be satisfied by the parking provided in the Park-N--- Ride facility and no additional parking spaces shall be required. CPLAWING'CASES\C.Crtd:oningme s.wpd RTD Zonin_s Uses Paee WZ-9S-17 Regional Transportation District April 13, 1999 1600 Blake Street Denver, Colorado 80202-1399 3031628-9000 Mr. Martin Orner, AICP Economic Development Specialist/Associate Planner City of Wheat Ridge 7500 West 29" Avenue Wheat Ridge, Colorado 80215 RE: Annexation Agreement Dear Martin: Enclosed please find copy of fully executed Interpretation Letter, Annexation Agreement concerning RTD park-n-Ride as well as two copies of the Annexation Agreement which have been properly executed by the Regional Transportation District. Please provide the undersigned with a fully executed Annexation Agreement when it is available. Thank you for your cooperation and patience in this matter. Martin, I was sorry to hear of your loss. My condolences to you and your family. Sincerely, l scan- -7~. a-'- J Susan K. Altes Senior Real Property Specialist /ska Enclosures An Equal Opportunity/ Affirmative Action Employer Regional Transportatio6. Astrict General Counsel March 25, 1999 Mr. Robert Middaugh City Manager City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CC 80215 1600 Blake Street Denver, Colorado 80202-1399 303/628-9000 Re: Interpretation Letter, Annexation Agreement concerning RTD Ward Road Park-n-Ride. Dear Mister Middaugh: I believe that Mr. Dahl has discussed the enclosed revised Interpretation Letter with you. If the letter meets with the City's approval, could you please sign and date it, and return it to me for execution by RTD? I will then see that RTD executes it along with the Annexation Agreement. . Thank you for your consideration. A postage paid return envelope is included for your convenience. Sincerely, pt,c, 2 Roger C. Kane Associate General Counsel CC: Gerald E. Dahl, Esq. Fax (303) 376-5001 Susan Altes An Equal Opportunity/ Affirmative Action Employer Regional Transportation. District General Counsel March 25, 1999 Mr. Robert Middaugh City Manager City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80215 1600 Blake Street D Denver, Colorado 80202-1399 D 3031628-9000 Re: Interpretation Letter, Annexation Agreement concerning RTD Ward Road Park-n-Ride. Dear Mister Middaugh: This letter concerns interpretation of Sub-Section 6.B. of the Annexation Agreement concerning the above-referenced property as approved by the Wheat Ridge City Council. Before RTD executes the agreement it is necessary and advisable that the parties set forth and agree to their understanding of the meaning of this Sub-Section. Now, therefore, by their signatures below, the parties agree to the following with respect to interpretation of Sub-Section 6.B. of the Annexation Agreement: 1. Neither Sub-Section 6.B. nor this Interpretation Letter relieves RTD of the obligation to comply with and be governed by Section 1 of the Annexation Agreement, the "Agreement Regarding Zoning". 2. Sub-Section 6.B. is not a waiver RTD's rights and privileges as they law concerning taxation of any kind. assert that its lessees, if any, on to any of RTD's rights or privileges Such lessee matters, if they arise, to law. of, and does not affect exist or may exist under the RTD does not, and will not, the property will be entitled concerning sales taxation. will be determined according CITY OF WHEAT RIDGE, COLORADO By: Robert Middaugh City Manager Attest: *M=LWWEW6s0CtaXW Date Approved to legal for For Ci o Whe g By: An Equal Opportunity/ Affirmative Action Employer REGIONAL SPORT DIS By: Clarence W. Marsella General Manager Approved as to legal form for The Regional Transportation District Date tcp %Zr lg~J~j By: 03/05/99 FRI 12:07 FAA 303 376 5001 GORSUCH RIRGIS 4 002 GC'RSUCH KIRGI.`,,iLF ATTORNEYS AT Law TOwiR 1. SUITE 1000 ! 1515 ARAPAHOE STREET ! DENVER. COLORADO 80202 I TELEPHONE (303) 376-5000 : FACSIMILE (303) 376-5001 GERALD E. DAHL DIRECT DIAL (303) 376-5019 email: gdahl®gorsuch.com February 26, 1999 Roger C. Kane Associate General Counsel Regional Transportation District 1600 Blake Street Denver, Colorado 80202-1399 Re: Interpretation Letter, Annexation Agreement concerning RTD Ward Road Park-n-Ride Dear Mr. Kane: I am in receipt of your February 15, 1999, letter and enclosure to Robert Middaugh, Wheat Ridge City Manager. Paragraph 2 of the tendered interpretation letter does not completely match my understanding of our telephone conversation on the subject. While we agreed that the interpretation letter could confirm that the Annexation Agreement does not waive or affect RTD's rights and privileges concerning taxation, I believe we agreed that the letter would assure the City that RTD would not assert its exemption for the benefit of commercial lessees on the property. As drafted, the second sentence of paragraph 2 of the tendered letter may attempt to express this, but in a somewhat indirect way. I request that paragraph 2 of the letter be amended to read as follows: 2. Sub-Section 6.B. is not a waiver of, and does not affect RTD's rights and privileges as they exist or may exist under the law concerning taxation of any kind. iieweveF, the The parties do FiA hereby agree that RTD's potential lessees on the property are not wR be entitled to any of RTD's rights or privileges concerning taxation. Such lessee matters, if they arise, will be determined according to taw. GED1530271310577.01 03/05/99 FRI 12:07 FAX 303 376 5001 GORSUCH %IRGIS 4 003 Roger C. Kane February 26, 1999 Page 2 By copy of this letter, I am advising Mr. Middaugh that he may execute a revised interpretation letter upon receipt from you. With thanks for your help. Sincerely, GORSUCH KIRGIS LLP Gerald E. Dahl GED/mmw cc: Robert Middaugh GEM530271310577.01 7500 West 29th Ave., Wheat Ridge, Colorado 80215 Planning: Phone # (303) 235-2846 Parks & Recreation: Phone # (303) 235-2877 Public Works: Phone # (303) 235-2861 Fax Phone # (303) 235-2857 DATE V4? Name: U~ Organization: Fax: Phone: From: Dept: Planning ❑ Parks & Recreation ❑ Public Works ❑ Subject: # of Pages: (Including cover page) Comments: - ~1- Original to follow in the mail ❑ Yes ❑ No 03/05/99 FRI 12:06 FAX 303 376 5001 GORSUCH KIRGIS e-mail: gdahl®gorsach. cam Direct: 303-3764019 GORSUCH JKIRGIS LLP ATTORNEYS AT LAW Telephone- (303) 376.5000 Telecopy: (303) 376.5001 TO: Martin Omer City of Wheat Ridge 7500 W. 2901 Avenue Wheat Ridge, CO 80215 FROM: Gerald E. Dahl DATE: March 5, 1999 RE: Wheat Ridge/RTD MESSAGE: RTD correspondence attached No. OF PAGES TO FOLLOW: 2 CLIENT NAME: City of Wheat Ride TELECOPY NO.: 303-235-2857 FILE NO. 53027 PRONE NO.. 303-23572854 10 001 CONFIDENTIALITY NOTICEr The information comaincd in this-relecopier message is confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received ibis communication in error, please immediately notify us by telephone and return the original message to as at the above address via the U.S. Postal Service. FOR ASSISTANCE. CALL (303) 376-5I41 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. Wanda Sang, City Cler APPROVED BY CITY COUNCIL ON NOVEMBER 9, 1998 BY A VOTE OF 7 TO o. Don Eafanti, dnrjI 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. V A p012 W 5QTH PL o 3 I C9 1 I 1 00' T ( W 49~N Pv~i 1-: o I o ~ o z 1 1 Q00' ~ C,o W I-70 F NTAGE F'~ r UNINCORP. JEFFCO AREA TO 6E ~Q ANNEXED ~ 4. Z RD ~R ~ = a °o z ~ s a ~ > ~ 0 3 z w x W 42ND AV W 42ND AVE Y i I i UICI~IaTY MAp , 'r  ~ I rtG I V 1 /1L Y'GKII~IG I CK VY' I t"11J f'~/1KC.CL i~ ~~ra i,.~~ roc i 1 1 ~ THE ?4TAL LENGTH OF TNlS PERIMETER THAT 15 CONTIGUOUS WITH T i TH15 BOUNDARY 15 73.50°k CONTIGUOUS WITH THE CITY 0~ WHEAT Ri 7HE 6EARINGS DEPICTED ON TH15 MAP ARE RELATIVE TO ONE ANOTH EAST LINE OF THE NORTHWEST i/4 OF SECTION 2D TOWNSHIP 3 50U ICI 1 TH T I TY H I! I. I I f) ~ P2INCIPAL MERIDIAN WHICH 6EAR5 N 0° 15' 12" W EXISTING CITY OF ~ y.... ~ w , ~ r 1 WHEAT RIDGE ~ N 89' 44 BOUNDARY ~ 5U{2VEY0125 CERTIFICATE 50°15'12"E 103.65 I, John P McGuire, d registered (~rofes5ional Land Surveyor certify that this map titled WHEAT 121DGE ANNEXATION MA supervision for and on behalf of the City of Wheat 12idge, a the area to be annexed based on the legal descriptions of i State of Colorado. This is not a Land Survey Flat or an Im i PA 5E `w- 0 cs. DATE ! - Z ~ ~ ~ REGIO DI5TRI RECEP AREA ~ a~__~ r. ~ Joh McGuire P,L ACCEPTANCE: r 2 os ~ Accepted for filing by the Ci ~ this c~.. 4 R day of d` ~ ~k'~t~~ City Cleric ~ Ordinance Number:~ 1' k`~~ A J > 0' f 5' 12' E 777 b9' 61 r~ North I /4 corner s~r~, 20, -r.~., CLERK AND RECORDERS CERTI R.69W., 6th P.M. LC/ l G` L( ) t d STATE OF COLORADO C~ l i~ COUNTY OF JEFFERSON CU rJ PROPERTY LINE Accepted for filing in the of County Colorado, at 'he office -of the Clerk and Recorder of Jeff rson r SECTION LINE o'clock .ms this a of A. D. 1998 WHEATRIDGEBOUNDARY ~~~~~~~~~~~i~~~~•~••~••~~•r in BooK at Pale and at Rece tion No. QUARTER CORNERS CJ Clerk a Recorder CD 14n\tl- gy-05 Resolution No. 1694 Series of 1998 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED 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. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorp6rated territory located in the County of Jefferson and State of Colorado, otherwise known as the Regional Transportation District (RTD) Ward Road Park-and-Ride (4695 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 of Wheat Ridge and that the area will be urbanized in the near future. y Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof, b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C. No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- 111. RESOLVED AND PASSED this 14th day of December 1998. ATTEST: wry Wanda Sang, City Clerk , cj~ Y" rrf - " ~ 1 02. L L retchen 6e en , ayor C.\Darb=\CCRPrS\RESO-ORD\ndrcsofindfacis.wpl Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast corner of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6d" Principal Meridian.. Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89° 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S 740 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a distance of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N 65° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'3' " E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. fr. , or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT A 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 RTD Property. RESOLUTION NO. 1687 A RESOLUTION SETTING A HEARING DATE FOR THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS THE RTD PROPERTY LOCATED NORTH OF I- 70, WEST OF WARD ROAD, SOUTH OF KAISER PERMANENTE MEDICAL CENTER, EAST OF MT. OLIVET CEMETERY The City Council of the City of Wheat Ridge, Colorado Resolves: The City Council finds that a petition for annexation of certain territory more particularly described herein and to be known as the RTD Property, filed with the City Clerk on October 5, 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 8.036 acres Beginning at the Northeast corner of the Northwest 1/4 of Section 20, Township 3 South, Range 69 West of the 6t' Principal Meridian. Thence South 0'15'12" East along the said East line of the said Northwest 1/4 of Section 20 a distance of 777.69 feet to the True Point of Beginning. 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 10.36 feet. Thence South 0°15'12" 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°53'18" 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 514.03 feet to the True Point of Beginning. The City Council hereby sets a public hearing for annexation and zoning on December 14, 1998, at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and directs the City Clerk to publish and give notice as required by State and City laws. Done at a regular meeting of the Wheat Ridge City Council held on October 23, 1998, and approved by a vote of 7 for 1 against. V&"Aal V00 Barbara Delgadillo, Pl ing Secretary ATTEST ~ GGt Wanda Sang, City Cler~ Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Published: Wheat Ridge Transcript 1stPublication November 13, 1998 2nd Publication November 20, 1998 3rd Publication November 27, 1998 4th Publication December 4, 1998 CdBubu.\CCRPTS\PUBNOTIC\RTDPHREso.wpd Resolution No. 16g Series of 1998 TITLE: A RESOLUTION 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) 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 II, Section 3 0, 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, 1998. QITY-QF WHEAT MG , COLORADO retchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk C[\6arbara\CC R PTS\RESO-ORD\ndresoti ndi ngper INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. 49 Ordinance No. 1 14 2 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK-AND-RIDE FACILITY GENERALLY LOCATED SOUTH OF KAISER PERMANENTE WARD ROAD MEDICAL FACILITY, NORTH OF INTERSTATE 70, WEST OF WARD ROAD AND EAST OF MOUNT OLIVET CEMETERY, IN JEFFERSON COUNTY (ANX-98-05) 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 of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 23rdiay 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, 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 2 , this 14th day of December , 1998. SIGNED by the Mayor on this 15th day of December 1998. TCHEN CERVE , MAYOR ATTEST: 1✓ Wanda Sang, City Clerk APPROV S O FO Y T A T EY GERA DAHL, CITY ATTORNEY Published: Wheat Ridge Transcript 1st Publication: December 4, 1998 2nd Publication: December 18, 1998 C:\Barbara\CCRPTS\RES0-0RD\anx9805.,Vd Ordinance No. Page 2 ANX-98-05 EXHIBIT A Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast corner of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6°i Principal Meridian. . Thence S 0 ° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89 ° 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S 74° 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89 ° 44'48" E a distance of 9.96 feet. Thence S 0 ° 15' 12" E a distance of 103.65 feet. Thence N 65 ° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350 040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet AUZNLA ITZM XZUAY 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-98-05/Regional Transportation District SUMMARY/RECOMMENDATION: A Resolution and an Ordinance on second reading annexing 4695 Ward Road and known as the Regional Transportation District Park- and-Ride 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: "I move that Resolution No. t 611 a resolution making certain findings of fact regarding the proposed annexation of land known as Regional Transportation District Ward Road Park-and-Ride, located at 4695 Ward Road, be adopted." "I move that Council Bill No. 49, Case No. ANX-98-05, "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride, with an address of 4695 Ward Road be adopted, that the Mayor be authorized to sign and execute the attached Annexation Agreement, contingent upon the approval of Case No. WZ-98-17 establishing the zoning of the property. C:\Barbara\CCRPTS\anx980S-2nd.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: December 14, 1998 DATE PREPARED: December 4, 1998 CASE NO. & NAME: ANX-98-5 CASE MANAGER: Martin Orner REQUEST: Approval of annexation LOCATION: 4695 Ward Road APPLICANT(S): Regional Transportation District 1600 Blake Street Denver, Colorado 80202 OWNER(S): Same APPROXIMATE AREA: 8 Acres PRESENT ZONING: County Zoning: A-2; C-1; PD PRESENT LAND USE: Public transportation park-and-ride facility SURROUNDING ZONING: N: PD (County); S: I-70; E: A-1; W: PD SURROUNDING LAND USE: N: Medical Center; S: I-70; E: Open space/undeveloped; W: Cemetery COMPREHENSIVE PLAN: Three Mile Plan (North Plains Community Plan): Retail, Office, Industrial and Residential (up to 15 units per acre). DATE PUBLISHED: November 13, 20 & 27,1998; December 4, 1998 DATE POSTED: November 25, 1998 DATED LEGAL NOTICES SENT: November 24, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q 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 on the northwest corner of Ward Road and Interstate 70 and known as the Regional Transportation District (RTD) Ward Road Park-and-Ride. The annexation request, Case Number ANX-98-05, is to annex the property into the City of Wheat Ridge. Should the annexation be approved, the property could subsequently be zoned with one action, Case Number WZ-98-17, scheduled for December 21, 1998. In March of 1998, the City 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 5211 Avenue, resulting in City services already being provided to the general subject area, and that the use of the property as a transit/park-and-ride facility 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. The property is currently improved with automobile parking areas, open air passenger waiting area and bus stacking and turn around area. Case No. WZ-98-17 is for the zoning of the property to Commercial-One (C-1) for the land use currently occurring on the property and also for uses determined complementary and compatible to the uses currently occurring on the property. 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. The zoning action of 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 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 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. 3. IL NEIGHBORHOOD MEETING A neighborhood meeting was held on November 4, 1998. The following persons attended: City Council Page 2 ANX-98-05/RTD 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. 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 practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because City Council Page 3 ANX-98-05/RTD 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. On October 23, 1998, the Wheat Ridge City Council passed Resolution Number 1687 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 City 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: 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. City Council Page 4 ANX-98-05/RTD 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 concerned about the removal of the property from the District. The landowner 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 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 City Council Page 5 ANX-98-05/RTD 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 Fairmount Fire District Metro Wastewater Reclamation Dist. Notified But Not Responding: Scientific and Cultural Facilities District Public Service Company U.S. West Communications TCI of Colorado Regional Transportation District Denver Metro. Major League Baseball Dist. Fruitdale Sanitation District V. PLANNING COMMISSION ACTION: Jeffco Health Department Wheat Ridge Building Division Jeffco County Commissioners Wheat Ridge Post Office Colorado Department of Transportation Wheat Ridge Forestry Division 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, Ms. Susan Altes, testified that there are no plans to add retail and service uses to the property, although it remains a possibility for the future. There was discussion as to the reversion clause on the property, which is a deed restriction which states that should the property cease being used as a park-and-ride facility, it would then revert back to ownership by Colorado Department of Transportation. Planning staff confirmed that if this should happen, the zoning created by the City resulting from the annexation would remain in full force and effect. The Commission expressed their concerns that billboards should be included as a prohibited land use on the property. The 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. 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. City Council Page 6 ANX-98-05/RTD 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 Regional Transportation District Ward Road Park-and-Ride, located at 4695 Ward Road, be adopted." "I move that Council Bill No. 49, Case No. ANX-98-05, "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride, with an address of 4695 Ward Road, County of Jefferson, be adopted, that the Mayor be authorized to sign and execute the attached Annexation Agreement, contingent upon the approval of Case No. WZ-98-17 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." CABnbuaTCRPTSANX98-5. WPD City Council Page 7 ANX-98-05/RTD City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin Omer, Economic Development Specialist A ~ 6 SUBJECT: Economic Evaluation of RTD Ward Road Park and Ride Annexation DATE: December 7. 1998 I have prepared a general economic evaluation of the RTD Ward Road Park and Ride 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 of the annexation, and a SUMMARY of costs compared to revenues. 1. REVENUES: The revenue analysis of the RTD property should be analyzed from two perspectives: A. The property remaining in its currently developed condition with no additions of retail/service uses, B. Inclusion of complementary and compatible retail/service uses to the existing park-and- ride land use. Should the property remain in its currently developed condition being limited to a park-and ride facility only, no revenues would be generated. Should the land uses on the property be expanded to include complementary and compatible retail and service uses, staff anticipates that the uses and estimated building sizes would be; child care (3,000 square feet), sandwich/coffee/magazine/book shop (2,000 square feet), laundry/dry cleaner (1,000 square feet), florist (1,000 square feet). A reasonable approximation of the total amount of retail/service uses to achieve the RTD service/retail concept is 7,000 square feet. 1. Use Tax Should retail and service uses be developed on the property, use tax would be collected on improvements to the property. Use tax is calculated as a percentage of the cost of materials used in construction. With the construction of approximately 7,000 square feet of retail/service building, the total amount of use tax collected on said amount of building construction is estimated at $7,374.15. 2. Permit Fees Building Permit Fees The Building Division has estimated that expected permit fees for 7,000 square feet of building construction would be approximately $3,188.95. Engineering Permit Fees The Public Works Department has estimated the permit fees for drainage permits at approximately $600.00. Total one time taxes and fees are estimated at $11,162.00. 3. Sales Tax An increase in sales tax collections can be expected if the retail/service uses are implemented. Child care, newspapers and dry cleaning are not subject to sales tax, with the remaining anticipated uses being small sale items (cards, magazines, flowers, sandwiches, coffee, etc.). Therefore, the total annual amount of sales tax collected is estimated at $7,500.00. 4. Property Tax The RTD property is currently exempt from property tax since RTD is a tax exempt entity. Should the commercial land uses actually be implemented, it is unlikely that this tax exempt status would change. It is not likely that the City will realize property tax benefit from the RTD annexation. If the service/retail concept is implemented, ongoing revenue is estimated at $7,500.00 annually. II. COSTS 1. Police The Police Department has stated that the annexation of the property would cause a minimal impact on law enforcement resources. RTD security currently patrols the park-and-ride, and provision of City police services can be expected to supplement RTD security for serious and/or immediate situations. Staff estimates that drive throughs of the park-and-ride would likely coincide with drive throughs of the Kaiser properties to the north with approximately two drive-throughs of the project per day. The estimated total cost for police services is approximately $3,500 per year. All police services will be achieved without the need for additional staff or equipment. 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 the 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 unmeasurable economic benefits to the city from annexation of this property are control of 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-701Highway 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 through the I-70 corridor and at major intersections, with as yet unknown potential for economic opportunities around the intersection. Not annexing this property to the City would result in less control of the redesign of the intersection and a loss of opportunity from associated future development around the intersection. Approval of property annexation will ensure the City's strong position in the intersection design and receipt of the corresponding resultant economic/development opportunities. IV. SUMMARY In summary, total one time use tax and permitting revenue if the site were developed would equal approximately $11,162.00. Total ongoing revenue from the addition of the service/retail concept is estimated at $7,500.00 per year. Total ongoing costs to provide police services is estimated at $3,500 per year. Net annual revenues to the city are estimated at $4,000.00 with the service/retail concept, and a deficit of $3,500.00 per year if the concept is not implemented. 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 mosei~ee~ than the revenue generated from the use. KK ~Arr 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 C-1, RC and RC-I 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. In response to a question from Commissioner SNOW, Mr. White stated that the zoning would not change even if it would revert back to the State. Chair BRINKMAN asked if staff had concerns about the annexation necessitating increased security services from the City. Mr. Omer replied that his understanding was that RTD subcontracts security for the park- and-ride facilities. If something significant happened, the police department would respond, but every-day patrolling would be accomplished by the subcontractor. Commissioner SNOW asked if there was an easement for the caretaker's property. Mr. Omer replied that there is not an easement, that it has always been used for that purpose and that no concern had been expressed about the access. He stated that should there be a decision by RTD to stop the access, the caretaker could have an alternative access through the cemetery property. Susan Allis 7225 S. Gaylord, Littleton Ms. Altis was sworn in by Chair BRINKMAN. She was appearing the capacity of Community Development Administrator for RTD. She invited questions from the Commissioners. Chair BRINKMAN asked if RTD had a special charter or other standing with the State which would preclude the City's authority in any area. Ms. Altis replied that RTD was formed by Colorado State legislation and was, therefore, a political subdivision of the State of Colorado and subject to all zoning regulations and ordinances of the cities and counties in which their facilities are located. It was moved by Commissioner SNOW and seconded by Commissioner MacDOUGALL that Case No. ANX-98-5, annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally Planning Commission Page 6 12/03/98 . 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 any future development of the subject property. Further, this motion does not connote approval or disapproval of the list of allowed and disallowed uses as shown in Exhibit C. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Chair BRINKMAN invited comments from the Commission regarding zoning issues on this matter. Commissioner SNOW stated that she would like to see a list of uses as allowed in the present zoning. Mr. Omer replied that staff would supply that information. Mr. White suggested that the wording be changed under "permitted principal uses" (a) to insert the word `only' at the beginning of the sentence. Commissioner SNOW expressed concern that C-I zoning uses could change in the future. Mr. White replied that an amendment to the zoning ordinance would be required for any changes to take place. Commissioner SNOW asked if there would be any tax advantage from annexing the RTD park-and-ride. Mr. Omer replied that there were none at this time, but the annexation would give the City more influence over future decisions about this land. Chair BRINKMAN asked if billboards were a were a permitted use in the C-1 district. Mr. White replied that this was covered under the sign code, and that the number of billboards had been set along the I-70 corridor and could not increase. Chair BRINKMAN asked if the RTD property was considered to be adjacent to I-70. Mr White replied that because, at the time the ordinance was adopted for billboards, this land wasn't included in the district, it seemed that billboards would not be allowed on this property. In response to a question from Chair BRINKMAN, Mr. White replied that transmitter stations were not on the list of permitted uses. Mr. White asked for feedback on the changes he had suggested to add "only" the following uses and eliminate the prohibited uses. Planning Commission Page 7 12/03/98 It was the consensus of the Commission to leave the list of permitted uses as well as the list of prohibited uses. Commissioner SNOW requested that the staff report include information pertaining to the reverted clause for the RTD property. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Public Hearings on Comprehensive Plan - Mr. White reported that staff will bring this matter before the Commission in January. He mentioned that City Council will hold a study session on January 4, 1999 to discuss the Comprehensive Plan. Commissioner COLLINS moved and Commissioner THOMPSON seconded to include the approved Wadsworth Corridor Plan as part of the Comprehensive Plan. The motion passed by a vote of 6-0, with Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner THOMPSON seconded that the first Planning Commission meeting (second meeting in January) on the Comprehensive Plan be conducted as an open forum and public hearing on the proposed land use map. The motion passed by a vote of 6-0, with Commissioner SHOCKLEY absent. Commissioner GOKEY requested that the city's existing zoning map be included with the land use map. B. District Two Neighborhood Meeting - Chair BRINKMAN encouraged Commissioner Gokey, as representative to District Two, to attend the meeting on December 15, 1998. 10. NEW BUSINESS A. Construction Near Adult Book Store - Commissioner THOMPSON expressed concern that a situation could evolve such as the one in Adams County where adult entertainment was allowed as long as no liquor was served. 11. DISCUSSION ITEMS Planning Commission - Page 8 12/03/98 z O W~ (b ff Q Lyi W } 6 T E[ `LEf 's 5 € + Y x BjEE~'e 'az:-E Y ct sgi:"pp - j n °u :53EI3> { Y o N Will, !tl fl3 t fa °essa] rv r, i` In, €l:{Es¢Sij 6 ss y Eaa t" jai! RIA! F f(3p°`. E..`T 5- s]eYifl xx. a :e S. a^. €j +;Y~ s g L! €g - Itf j~ 47y°flS jSE 5"e jE. i3j: ~"e py~ ~e[tl' i ~ ' •fi 3k {[6_AC.S y9 _~it ;oa 9[(j !3Y~xYEEEyEEEy 'Er tBt ~S'°~tY f_3 all iSy in" E., }~3 3 €j i .".,Y S ES x'' 38I 'l.. j 5S 9s ° yj js YY?~ ~E f~;e3y ~9 pk t 3 ! ;Yf~'s d5; :Ya3- 3 t~£ :Y+ :~s'• -3pp Y3i Ls? !a"3] ;Y : a 3 :'i s?=j5[ 't; e`6! g+i pe[ -[ao ;Ll~~s ~53 ~ t'e-s ~i s~ ~ ; °F d 'ee]=i;3'xe jEi St:i:~ e e e k• f f~~ SifSs i.{B ei -ems- 5%5t Ee3 YL ~R j+i "Rf[8 6E1 S6 6f4E. 55:e6 ps Bat :s69 sg s= 'x ' -sa" a _ i , t E3 aj: pfl- ss. tx pc a x a 33 3,6a. y: j ya jj55i fF_ QN iC .a . . . . ` Ej 8• AeYpda SLiy lERL•B E~- '68S 6Y it !yB=6 SE °Yg~]p: ° HES -PY` E36ti3 f- Y~~~P~ f: S ~;c +it Fg7 Sg'{f5 €E'=' --t! it :...€e- €t; Mil Rib! '111 T :-_;t c 3s s5 L E t~ L 3 E Y i s 8s e s e# t3 (}t:_ y t t Si tii ^.E:j •i;^ .3 lull ~ A.] 3"s-a¢ss es ff l, + f ,Y>9lt s' tsa L i..~. z3= YYxpg3 if 5t] y 3@ S• 3@ E~ 3Y : 0 All =Z- B 3Y aY s - Ei §''33 !t_ ,p Y"s 3 3: ; tta Jim - SRI ;4€5t s All :s 3~ ssE 3 yf?4:s ya ai -c ~Y EF£ SRI a7 :[Yi 7 "c~~]a "L:~aGi 'ta .3 fFYyi Y=;R fa E: 5... 4°p 6$ R! 88 ]ryy 6C6 °t°Ey + €]S: t y9 _J y2 9t 11 A3 Q! ]93 46^ l5 fl iE; Ba: : EY $E9 [2? ff g ~a € ° -fl 1 3'yy H ; 3'j Y 3 p. t¢t¢ {SS{ E55 p{E t 6 " xx{{ S EEEE iy ~5{55 E¢E¢ 3 35E[E y e °-¢S 6i t L.. Ee Cf 'EE 8~ E` A ^6 ]L~j E. Ci EL`. ES Gem Ee E: E:9 8f. Hill, x ptj €.33 FH 355 A~~ ^ a m O n m o n O m e 3°, m'n 3 ® d Y~ P m G m O A\ 0 m u e N Resolution No. 1694 Series of 1998 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED 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. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorp6rated territory located in the County of Jefferson and State of Colorado, otherwise known as the Regional Transportation District (RTD) Ward Road Park-and-Ride (4695 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 of Wheat Ridge and that the area will be urbanized in the near future. . -are - ection 4. _The: a`proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; C. No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and . d. The annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S: Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- RESOLVED AND PASSED this day of 1998. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk C:04rb=kCCRPlSRESO-0RD W drew find facla.wpd Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast comer of the N.W. 1/4 of Section 20, Township 3 South, Range 69, West of the 61 Principal Meridian. . Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89° 44'48" W a distance o£50 feet to the True Point of Beginning. Thence S 74° 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a distance of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N 65° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT B RTD ZONING The Zoning for the property described in Exhibit A 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. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code of Laws: 1. Banks, limited to 2,000 square feet. 2. Child care centers. 3. - Offices: general business and professional offices. 4. Park-N-Ride. 5. Parking of automobiles of clients, patients, and patrons of occupants of adjacent commercial districts. 6. Sit down restaurants. 7. Service establishments as listed below: a. Blueprinting, photostatic copying, and other similar reproduction services; however, not including large printing, publishing and/or book binding establishments. b. Laundries and dry cleaning shops. C. Shoe repair shops. d. Tailoring, dressmaking, or clothing alteration shops. e. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. 8. Stores for retail trade as listed below: a. Bakeries, retail. b. Book stores and newsstands. C. Camera and photographic service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasoline pumps, limited to 5,000 square feet. f. Delicatessens and coffee shops. g. Drug stores. h. Floral shops. RTD Zoning Uses Page I WZ-98-17 i. Gift, novelty or souvenir stores. j. Jewelry stores. k. Notions stores. 1. Optical stores. m:. Picture framing shops. ri. Stationery stores. o. Tobacco shops. P. Video stores. IF Site Plan Requirement: All permitted principal uses as listed above 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. Prohibited Uses: The following uses shall be prohibited: 1.. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. Adult entertainment establishments. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. Commercial machine shops. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. Churches. Liquor stores. Mortuaries and crematoriums. Pawn shops. Golf courses. Tobacco shops. Taverns, night clubs, lounges, private clubs and bars. Truck stops. IV. Special Uses: Any use proposed for the property not specifically listed in 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 the approval of a site plan as required in Section 26-6(B). V. Development Standards: All uses shall be subject to the development and use standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. The parking requirement for any use permitted either as a principal permitted use or a special use shall be satisfied by the parking provided in the Park-N- Ride facility and no additional parking spaces shall be required. Cdna,bna\CCRPTS4dmninguses.wid RTD Zoning Uses Page 2 W Z.48-17 INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. 50 Ordinance No. _ Series of 1998 AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK-AND-RIDE FACILITY GENERALLY LOCATED WEST OF WARD ROAD, NORTH OF INTERSTATE 70, SOUTH OF THE KAISER PERMANENTE WARD ROAD MEDICAL t, FACILITY, 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-98-17) 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. Ordinance No. WZ-98-17 Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative 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 5 to 3 on this 23rd day of November 1998, ordered published in full in a newspaper of general circulation in the 6i .of Wheat Ridge and Public Hearing and consideration on final passage set for December 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: Wheat Ridge Transcript 1st Publication December 4, 1998 2nd Publication C;%Bwba a'CCRPr5VtE50.ORD1wz98•ITmmwrd.wpd Ordinance No. Page 2 WZ-98-17 Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast comer of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6' Principal Meridian. . Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89° 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S A' 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74 ° 35'03" W a distance of 10.36 feet. Thence S 0 ° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a-' of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N 65° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT A INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. 49 Ordinance No. _ Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK-AND-RIDE FACILITY GENERALLY LOCATED SOUTH OF KAISER PERMANENTE WARD ROAD MEDICAL FACILITY, NORTH OF INTERSTATE 70, WEST OF WARD ROAD AND EAST OF MOUNT OLIVET CEMETERY, IN JEFFERSON COUNTY (ANX-98-05) 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 S. The City Clerk shall file for recording one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map with the Secretary of the State of Colorado. Section 7. This annexation shall become effective upon the filing for recording of the certified copy of this Annexation Ordinance and the Annexation Map with the Clerk and Recorder for the County of Jefferson, State of Colorado, which filing for recording shall be accomplished no sooner than ninety (90) days from the date of adoption of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 23r.oay 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, 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 ATTEST: day of , 1998. GRETCHEN CERVENY, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Published: Wheat Ridge Transcript Ist Publication: December 4, 1998 2nd Publication: C:Oarbara\CCRPTSURE50.ORD W a9805.wpd Ordinance No. ANX-98-05 Page 2 Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast corner of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6'h Principal Meridian. . Thence S 0 ° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89' 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S 740 34'48" W a distance of 625.31 feet. Thence S 0 ° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a distance of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N 65° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet i` 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 Regional Transportation District (RTD) 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, Regional Transportation District 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: Agreement Reeardine Zoning. The property described in Attachment 1 shall be re-zoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. A. The property, which consists of 8 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 Public Transportation Park and Ride Facility specifically for the temporary parking of cars of patrons of the public transportation services shall be recognized as an allowable and permitted land use. Section 2: Roadway Iinarovements. 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 fhe 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 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. RTD Annexation Agreement Page 2 ANX-98-05 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: WANDA SANG, CITY CLERK BY: GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM: Gerald Dahl, City Attorney Regional Transportation District LANDOWNER Authorized Agent for Regional Transportation District I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this day of , 1998. NOTARY PUBLIC SEAL: My Commission Expires: C:\B.b.a\CCRITSUGREEMTS\RTDanxagtmm.wpl RTD Annexation Agreement ANX-98-05 Page 3 ATTACHMENT 7 Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast comer of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6' Principal Meridian. . Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89° 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S 74° 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a distance of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N 65° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet 11 ATTACHMENT 2 RTD ZONING `-The Zoning for the property described in Exhibit A 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: 1. 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. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code of Laws: 1. Banks, limited to 2,000 square feet. 2. Child care centers. 3. Offices: general business and professional offices. 4. Park-N-Ride. 5. Parking of automobiles of clients, patients, and patrons of occupants of adjacent commercial districts. 6. Sit down restaurants. 7. Service establishments as listed below: a. Blueprinting, photostatic copying, and other similar reproduction services; however, not including large printing, publishing and/or book binding establishments. b. Laundries and dry cleaning shops. C. Shoe repair shops. d. Tailoring, dressmaking, or clothing alteration shops. e. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. Stores for retail trade as listed below: a. Bakeries, retail. b. Book stores and newsstands. C. Camera and photographic service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasoline pumps, limited to 5,000 square feet. f. Delicatessens and coffee shops. g.. Drug stores. h. Floral shops. RTD Zoning Uses Page I WZ-98-17 i. Gift, novelty or souvenir stores. j. Jewelry stores. k. Notions stores. 1. Optical stores. _ Picture framing shops. ri. Stationery stores. o. Tobacco shops. P. Video stores. II Site Plan Requirement: All permitted principal uses as listed above 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. Prohibited Uses: The following uses shall be prohibited: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Adult entertainment establishments. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. Commercial machine shops. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. Churches. Liquor stores. Mortuaries and crematoriums. Pawn shops. Golf courses. Tobacco shops. Taverns, night clubs, lounges, private clubs and bars. Truck stops. IV. Special Uses:.Any use proposed for the property not specifically listed in 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 the approval of a site plan as required in Section 26-6(B). V. Development Standards: All uses shall be subject to the development and use standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. The parking requirement for any use permitted either as a principal permitted use or a special use shall be satisfied by the parking provided in the Park-N- Ride facility and no additional parking spaces shall be required. C XBwb=%CCMSWdmninguus.wpd RTD Zoning Uses Page 2 WZ-4-17 4 _ PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY AGENDA; ITEM TITLE: RTD park and ride AGENDA ITEM RECAP QUASI-JUDICIAL X _ Yes No _ CITY MGR. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS PUBLIC COMMENT ELEC. OFFICIALSMATTERS _ ORDINANCES FOR 1ST READING X ORDINANCES FOR 2ND READING RESOLUTIONS Council Bill 50, an ordinance establishing zoning for the annexation SUMMARY/RECOMMENDATION: As part of the annexation process, the City must also establish a zoning designation for affected parcels. The December 14 meeting was set by City Council as the hearing date for the second reading of the ordinance establishing zoning for the RTD annexation parcel. Due to a publishing error by the newspaper, the public hearing has not been properly advertised and the matter must be reset for hearing by the Council. Resetting the zoning hearing will not affect the Council action required for the annexation ordinance. January 11 is suggested for the rescheduled hearing. 1 ATTACHMENTS: 1) Council Bill 50 2) 3) BUDGETED _ ITEM: Yes Fund Dept/Acct Budgeted Amount S Requested Expend.,$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: No I move that the second reading and public hearing for Council Bill 50 be rescheduled and advertised for the January 11, 1999 Council meeting. City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Martin Omer, Economic Development Specialist P4 E O SUBJECT: Economic Evaluation of RTD Ward Road Park and Ride Annexation DATE: December 7, 1998 I have prepared a general economic evaluation of the RTD Ward Road Park and Ride 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 of the annexation, and a SUMMARY of costs compared to revenues. 1. REVENUES: The revenue analysis of the RTD property should be analyzed from two perspectives: A. The property remaining in its currently developed condition with no additions of retail/service uses, B. Inclusion of complementary and compatible retail/service uses to the existing park-and- ride land use. Should the property remain in its currently developed condition being limited to a park-and ride facility only, no revenues would be generated. Should the land uses on the property be expanded to include complementary and compatible retail and service uses, staff anticipates that the uses and estimated building sizes would be; child care (3,000 square feet), sandwich/coffee/magazine/book shop (2,000 square feet), laundry/dry cleaner (1,000 square feet), florist (1,000 square feet). A reasonable approximation of the total amount of retail/service uses to achieve the RTD service/retail concept is 7,000 square feet. 1. Use Tax Should retail and service uses be developed on the property, use tax would be collected on improvements to the property. Use tax is calculated as a percentage of the cost of materials used in construction. With the construction of approximately 7,000 square feet of retail/service building, the total amount of use tax collected on said amount of building construction is estimated at $7,374.15. 2. Permit Fees Building Permit Fees The Building Division has estimated that expected permit fees for 7,000 square feet of building construction would be approximately $3,188.95. Engineering Permit Fees The Public Works Department has estimated the permit fees for drainage permits at approximately $600.00. Total one time taxes and fees are estimated at $11,162.00. 3. Sales Tax An increase in sales tax collections can be expected if the retail/service uses are implemented. Child care, newspapers and dry cleaning are not subject to sales tax, with the remaining anticipated uses being small sale items (cards, magazines, flowers, sandwiches, coffee, etc.). Therefore, the total annual amount of sales tax collected is estimated at $7,500.00. 4. Property Tax The RTD property is currently exempt from property tax since RTD is a tax exempt entity. Should the commercial land uses actually be implemented, it is unlikely that this tax exempt status would change. It is not likely that the City will realize property tax benefit from the RTD annexation. If the service/retail concept is implemented, ongoing revenue is estimated at $7,500.00 annually. II. COSTS 1. Police The Police Department has stated that the annexation of the property would cause a minimal impact on law enforcement resources. RTD security currently patrols the park-and-ride, and provision of City police services can be expected to supplement RTD security for serious and/or immediate situations. Staff estimates that drive throughs of the park-and-ride would likely coincide with drive throughs of the Kaiser properties to the north with approximately two drive-throughs of the project per day. The estimated total cost for police services is approximately $3,500 per year. All police services will be achieved without the need for additional staff or equipment. 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 the 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 control of the fixture redesign of the Ward Road/I-70/Highway 58 intersection. The Colorado Department of Transportation has identified the redesign of the Ward Road/1-70/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 through the I-70 corridor and at major intersections, with as yet unknown potential for economic opportunities around the intersection. Not annexing this property to the City would result in less control of the redesign of the intersection and a loss of opportunity from associated fixture development around the intersection. Approval of property annexation will ensure the City's strong position in the intersection design and receipt of the corresponding resultant economic/development opportunities. IV. SUMMARY In summary, total one time use tax and permitting revenue if the site were developed would equal approximately $11,162.00. Total ongoing revenue from the addition of the service/retail concept is estimated at $7,500.00 per year. Total ongoing costs to provide police services is estimated at $3,500 per year. Net annual revenues to the city are estimated at $4,000.00 with the service/retail concept, and a deficit of $3,500.00 per. year if the concept is not implemented. 7500 WEST 29TH AVENUE November 24, 1998 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 ~~OF WHEAT eCityof Wheat iron GRidge C'O40RN 0 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 Tub...TCRPTS\PUBNOT1MN\984&5&WZs WPD (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 c a m I W W N ~ N C y m C U N N ~ ~ v d s ~ a a ~ a x ~ A a d y I d d' > K A2 y ' N m n m 0 C y 0 u = o MM o a.2 0 0 0 0 y r a= y O O O O O O O O x m° W W W W W W W W N 0~ Q m . 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E a o ~ E ~ = o Ewc w.2 N N N r D - x $'Dma d m rn m rn d U c c c 6 m° S y y y u 0 O _ N O o H m C p D O C N D y w N - >oJ NONN LLCLN O N N y L 0 a N O T A T' W y N V U `r ti j O N Q W U p V ~.p U .o 2 M y y a _ ~ N~ ma y N. 0 C y- o t m O 6 D_ W N N y LL N m O O y f.1 U Ny D L V ❑ C7 W 0 67 V d 2 'C m y D u y C 2 w D Q 3 a E D -E 16 0. ~ c o V N a` K ' E ~ . LL LL W m ❑ ❑ ❑ ® ❑ ❑ z d LO u W N 4 0 0° o O `o m m m OO `v a v v R W O E V o Q Q W p W S in SFp ~ U. N p 0 z a Z D C 5 ~ I i a Uh ~ 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 comments. Case No. ANX-98-04: Second reading public hearing consideration of an ordinance to APPROVE annexing 32.886 acres of unincorporated land into the City of Wheat Ridge. Property is loca d ar 4803 Ward Road and known as Kaiser Permanente Medical Center. 2., Case No. ANX-98-O5: Seco d reading public hearing consideration of an ordinance to APPROVE annexing 8.03 acres of unincorporated land into the City of Wheat Ridge. Property is located n of I-70, west of Ward Road, south of Kaiser Permanente Medical Cen d east of Mt. Olivet Cemetery and known as the Regional Transportation District Park-n-Ride. > "'4- Barbara Delgadillo, Recor ng Secretary ATTES Wanda Sang, City Cle To be Published: Rocky Mountain News Date: December 3, 1998 C:\Barbara\CCRPTS\PUBNOT1012-14meeting.wpd 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 AN declared a recess at 9:10 p.m. The meeting was reconvened at 9:20 p.m. C. CCaseNo.ANX-98- /WZ-98-17: An application by the Regional Transportation District for x 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. 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 In response to a question from Commissioner SNOW, Mr. White stated that the zoning would not change even if it would revert back to the State. Chair BRINKMAN asked if staff had concerns about the annexation necessitating increased security services from the City. Mr. Omer replied that his understanding was that RTD subcontracts security for the park-and- ride facilities. If something significant happened, the police department would respond, but every-day patrolling would be accomplished by the subcontractor. Commissioner SNOW asked if there was an easement for the caretaker's property. Mr. Omer replied that there is not an easement, that it has always been used for that purpose and that no concern had been expressed about the access. He stated that should there be a decision by RTD to stop the access, the caretaker has an alternative access through the cemetery property. Susan Altis 7225 S. Gaylord, Littleton Ms. Altis was sworn in by Chair BRINKMAN. She was appearing in the capacity of Community Development Administrator for RTD. She invited questions from the Commissioners. Chair BRINKMAN asked if RTD had a special charter or other standing with the State which would preclude the City's authority in any area. Ms. Altis replied that RTD was formed by Colorado State legislation and was, therefore, a political subdivision of the State of Colorado and subject to all zoning regulations and ordinances of the cities and counties in which their facilities are located. It was moved by Commissioner SNOW and seconded by Commissioner MacDOUGALL that Case No. ANX-98-5, annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, 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 any future development of the subject property. Further, this motion does not constitute approval or disapproval of the list of allowed and disallowed uses as shown in Exhibit C. The motion passed by a vote of 6-0 with Commissioner SHOCKLEY absent. Chair BRINKMAN invited comments from the Commission regarding zoning issues on this matter. Planning Commission Page 6 12/03/98 Commissioner SNOW stated that she would like to see a list of uses as allowed in the present zoning. Mr. Omer replied that staff would supply that information. Mr. White suggested that the wording be changed under "permitted principal uses" (a) to insert the word `only' at the beginning of the sentence. Commissioner SNOW expfessed concern that C-1 zoning uses could change in the future. Mr. White replied that an amendment to the zoning ordinance would be required for any changes to take place. Commissioner SNOW asked if there would be any tax advantage from annexing the RTD park- and-ride. Mr. Omer replied that there were none at this time, but the annexation would give the City more influence over future decisions about this land. Chair BRINKMAN asked if billboards were a were a permitted use in the C-1 district. Mr. White replied that this was covered under the sign code, and that the number of billboards had been set along the I-70 corridor and could not increase. Chair BRINKMAN asked if the RTD property was considered to be adjacent to I-70. Mr. White replied that because, at the time the ordinance was adopted for billboards, this land wasn't included in the district, it seemed that billboards would not be allowed on this property. In response to a question from Chair BRINKMAN, Mr. White replied that transmitter stations were not on the list of permitted uses. Mr. White asked for feedback on the changes he had suggested to add "only" the following uses and eliminate the prohibited uses. It was the consensus of the Commission to leave the list of permitted uses as well as the list of prohibited uses. Commissioner SNOW requested that the staff report include information pertaining to the reverter clause for the RTD property. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Public Hearings on Comprehensive Plan - Mr. White reported that staff will bring this matter before the Commission in January. He mentioned that City Council will hold a study session on January 4, 1999 to discuss the Comprehensive Plan. Planning Commission Page 7 12/03/98 PUBLIC HEARING SPEAKERS' LIST Case No. /9,41 y, - 9 9-d 5 1 Request: !r PPLiC,6TMA 11J z- 9 S- / 7 ) l Date: L'ecc m e E2 - io f}n/t/~? 3 .1149 S/ 03 14cdl€S 1 ura Tilm- Qfr?) VF (✓HcAi ~,to Gc A-UD zdN(:E7 C°- 4' ~9s GW~ 'ien ~OAO 19.4)D ,I K/VAl/)AJ 4S & o Speaker Name (please print) Address/Phone PR2il - In Favor AA)0 IOr Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 3,1998 DATE PREPARED: November 10, 1998 CASE NO. & NAME: ANX-98-5/WZ-98-17 CASE MANAGER: Martin Orner REQUEST: Approval of annexation and zoning LOCATION: 4695 Ward Road APPLICANT(S): Regional Transportation District OWNER(S): Regional Transportation District 1600 Blake Street Denver, Colorado 80202 APPROXIMATE AREA: 8 Acres PRESENT ZONING: County Zoning: A-2, Agriculture; C-1, Commercial; PD, Planned Development PRESENT LAND USE: Public transportation park-and-ride facility SURROUNDING ZONING: North: Planned Development (County); South: Interstate 70; East: Ward Road, then A-1, Agricultural-One; West: PD, Planned Development SURROUNDING LAND USE: North: Medical Center; South: Interstate 70; East: Open space/undeveloped; West: Cemetery COMPREHENSIVE PLAN FOR THE AREA: North Plains Community Plan: Retail, Office, Industrial and Residential (up to 15 units per acre). DATE PUBLISHED: October 30, 1998 DATE POSTED: November 30, 1998 DATED LEGAL NOTICES SENT: November 4,1998 (X) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE Q Q SUBDIVISION REGULATIONS (X) 0 OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS 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 on the northwest comer of Ward Road and Interstate 70 and known as the Regional Transportation District (RTD) Ward Road Park-and-Ride. The annexation request, being Case Number ANX-98-05, is to annex the property into the City of Wheat Ridge. Should the annexation be approved, the property could then be zoned with one action, being Case Number WZ-98-17. In March of 1998, the City 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 52nd Avenue, resulting in City services already being provided to the general subject area, and that the use of the property as a transit/park-and-ride facility 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. The property is currently improved with automobile parking areas, open air passenger waiting area and bus stacking and turn around area. Case No. WZ-98-17 is for the zoning of the property to C-1, Commercial for the land use currently occurring on the property and also for uses determined complementary and compatible to the uses currently occurring on the property. 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 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. H. 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-98-05/WZ-98-17 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 practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents 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. On October 23, 1998, the Wheat Ridge City Council passed Resolution Number 1687 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-98-05/WZ-98-17 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 ofthe 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 44"' Industrial Park. 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. ANX-98-05/WZ-98-17 Page 4 Planning Commission That the zoning is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The City of Wheat Ridge has adopted the Jefferson County North Plains Community Plan as the City's Three Mile Plan. The proposed 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 A-2, Agriculture; C-1, Commercial-One and PD, Planned Development. Staff s finds that: 1. The proposal will act as a transitional component between the uses occurring to the north and south. 2. The site is developed as apublic transit park-and-ride facility, including mature landscaping, ample paved parking, open air passenger waiting area and bus stacking area. 3. No redevelopment of the property is anticipated. 4. The proposal is considered a complementary land use to existing adjacent land uses. 5. The proposal would rezone the property to City of Wheat Ridge C-1, Commercial zoning, including specific land use restrictions, in order to ensure compatibility with existing on-site and surrounding land uses. 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 Interstate 70, on the east by Ward Road then open undeveloped land, on the west by Mount Olivet Cemetery and on the north by the Kaiser Permanente medical facility. The existing park-and-ride 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. Should future development of compatible and complementary land uses occur, as specified in Exhibit C, the City would collect all applicable taxes generated by the development. b. Physical benefits. The City will gain regulatory control of land uses allowed on the property. 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-98-05/WZ-98-17 Page 5 Planning Commission All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. Any future development of the property will be required to construct improvements associated with the development, as well as any required site specific drainage facilities. 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 internal traffic circulation facilities. The requirement for any such improvements shall be formulated at the time of actual development planning for future uses. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently developed as a public transportation park-and-ride facility including automobile parking areas, passenger waiting areas and bus stacking areas. Any future development on the property will meet the use criteria of Exhibit C. The existing Jefferson County zoning, which will be superseded by City zoning, is Agricultural-Two, Commercial-1 and Planned Development. 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 any future development of the property is achieved in a manner consistent with the Three Mile Plan. Therefore, neither isolated nor spot zoning will occur. The zoning of property east of the RTD property is City of Wheat Ridge Agricultural-Two and Agricultural-One. 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. The property is currently developed and is providing necessary public transit services to the community. Any future development of the property, guided by the use restrictions of Exhibit C, will help to assure a logical land use scenario for 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. IV. AGENCY REFERRALS Responding With Concerns: In a memorandum dated October 21, 1998, the Public Works Department submitted the following comments: ANX-98-05/WZ-98-17 Page 6 Planning Commission 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 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 concerned about the removal of the property from the District. The landowner 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 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: ANX-98-05/WZ-98-17 Planning Commission 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 Scientific and Cultural Facilities District Jefferson County Planning Department Jeffco Health Department Public Service Company Wheat Ridge Building Division U.S. West Communications Jeffco County Commissioners TCI of Colorado Metro Wastewater Reclamation Dist. ' Wheat Ridge Post Office Regional Transportation District Colorado Department of Transportation Denver Metro. Major League Baseball Dist. Wheat Ridge Forestry Division Fruitdale Sanitation District 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 proposed land uses are considered appropriate for the property. No negative impacts from the zoning are anticipated. Therefore, staff recommends approval of the zoning change. VI. RECOMMENDED MOTIONS ANNEXATIONS Option A: "I move that Case No. ANX-98-5, "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Faculty, as legally described in Exhibit B be recommended to the City Council for APPROVED 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 any future development of the subject property. Option B: "I move that Case No. ANX-98-5 , "A request to annex to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit B be recommended to the City Council for DENIAL for the following reasons: ANX-98-05/WZ-98-17 Page 8 Planning Conunission The annexation does not meet the state criteria for annexation eligibility. The annexation will not be a logical extension of the City's boundaries. The annexation will not allow the City to gain regulatory control of any future development of the subject property. ZONING Option A: "I move that Case No. WZ-98-17, "A request to rezone certain property known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit C" C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit "B", 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-98-17, "A request to rezone certain property known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit C", C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit "B", 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 zoning. 3. The zoning is not consistent with the City's Three Mile Plan. CABarbara\PCRPTS\anx98-5. wpd ANX-98-05/WZ-98-17 Page 9 Planning Commission i o c 8 r ` i YI 17 tla° I. IAT 1 KAISEK IEAMANENTE SUSMIS10N y.I EgiNC Ib. 1 : ~ 39-191-99_001 Q PG. 298 CEMETARY 00.00/' ® 11: " ]x.173. b 19 I-t ® O 1 ® Q w T K MOUNT 3® 3 _ ~jTD 11 II 1 0°1 ® • OLIVET J1 43 yl Oo p : P i r OEMETARY \ -c R7 1J e 8K. 403, M 9p / t3 j / ' / Ipq 23 • t•X11\ tw / t els ' e 0 Ir en ox° "4p/ 46 I : ~i .rte t 40 °Q" 4 9 •30 16 z 31 I I n S • 1 43 a eg", 15 : °x1 C7' S4 Q M c I r3 Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property Beginning at the Northeast comer of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6' Principal Meridian.. Thence S 0° 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of 777.69 feet. Thence S 89 ° 44'48" W a distance of 50 feet to the True Point of Beginning. Thence S 74° 34'48" W a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'03" W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89 ° 44'48" E a distance of 9.96 feet. Thence S 0 ° 15' 12" E a distance of 103.65 feet. Thence N 65 ° 53' 18" E a distance of 192.47 feet. Thence N 64° 05'33" E a distance of 474.30 feet. Thence N 0° 15' 12" W a distance of 514.03 feet to the True Point of beginning. This parcel contains 350.040.02 sq. ft. , or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT C RTD ZONING The Zoning for the property described in Exhibit A 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. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code of Laws: 1. Banks, limited to 2,000 square feet. 2. Child care centers. 3. Offices: general business and professional offices. 4. Park-N-Ride. 5. Parking of automobiles of clients, patients, and patrons of occupants of adjacent commercial districts. 6. Sit down restaurants. 7. Service establishments as listed below: a. Blueprinting, photostatic copying, and other similar reproduction services; however, not including large printing, publishing and/or book binding establishments. b. Laundries and dry cleaning shops. c. Shoe repair shops. d. Tailoring, dressmaking, or clothing alteration shops. e. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. 8. Stores for retail trade as listed below: a. Bakeries, retail. b. Book stores and newsstands. C. Camera and photographic service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasoline pumps, limited to 5,000 square feet. f. Delicatessens and coffee shops. g. Drug stores. h. Floral shops. RTD Zoning Uses WZ-98-17 Page 1 i. Gift, novelty or souvenir stores. j. Jewelry stores. k. Notions stores. 1. Optical stores. in. Picture framing shops. _ n. Stationery stores. o. Tobacco shops. P. Video stores. II. Site Plan Requirement: All permitted principal uses as listed above shall be required to receive approval of a site plan prionto 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. Prohibited Uses: The following uses shall be prohibited: 1. Adult entertainment establishments. 2. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. 3. Commercial machine shops. 4. Recreational. vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 5. Churches. 6. Liquor stores. 7. Mortuaries and crematoriums. 8. Pawn shops. 9. Golf courses. 10. Tobacco shops. 11. Taverns, night clubs, lounges, private clubs and bars. 12. Truck stops. IV. Special Uses: Any use proposed for the property not specifically listed in 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 the approval of a site plan as required in Section 26-6(B). V. Development Standards: All uses shall be subject to the development and use standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. The parking requirement for any use permitted either as a principal permitted use or a special use shall be satisfied by the parking provided in the Park-N- Ride facility and no additional parking spaces shall be required. C9Bubm kCCRPTS\nd=ninguses.wpd , RTD Zoning Uses Page 2 WZ-98-17 r =a !1F'T-= {{,Tti r ~Si~i . O a 3 3 ! ~!f sfir~ ~ U 13 {13lIt!! ![.S [a ~ F! IY Si:i I N h n I if E~;3jEi1 315.= 1j r Iftt j . i if a1[P3i! Ili: f C) r--i z O a WrF~Q F-4 - IF I"={~~ li li ! iT ! t ! FITS 1_ 1 to _ 1 5 S Ilil }ia Y111 TI . h! 11 !t 11.:2.2 4.i i i ll3f i { itl di = :fs sivj tii sF{ :i~ vSigil 114 aFixis Ti i ; 'e i [s Z! 7~`jdI 'ttt'!t t:_d 9t 'vigil 3 i~f f ii s . y {-t - j7` ez:_f T Y 3-t ai 1 ~,x!f a T ;i#1d~ li ! Y t 11. :;vile! illlkx, {i .ii_ _ : qi =i t s =a^ aY talk{{ 111 =3T'd!i !I~ . jsl?7 3t a SS t ts :71 •a : Tt ti Ills E-K ;_i # 7:. 1' S it !i ~F._ ~jk=+*! 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It 3. i. 3f : : i 711 .g'I a c if i s sil 3!1 !j~ a as ~ O d n.f s ~ ~ t1 y 7500 WEST 29TH AVENUE November 20, 1998 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 ne City of ti~0~ WHEAT QO Wheat ~ ,m ~R.idge c01 O R NQO 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 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. CB ...WCR SWLAN000 WUUHRO NX984&5&WZ1 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, Cc 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 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: Case No. ANX-98-04/WZ-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: 2. Cas o. ANX-98-05 VZ-98-17: An application by the City of Wheat Ridge for app val to anne . 6 acres of unincorporated land into the City of Wheat Ridge and to zone a 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: J/'.~ Wanda Sang, City Cl To be Published: Wheat Ridge Transcript Date: November 27, 1998 C:tBmb=\PCRPTS\PLAN000NEPUBHRG\ I2-03H2meetingpub.wpd RIDGE CITY OF WHEAT DIVISION STAFF REPORT FORIGINAL TO: Planning Commission DATE OF MEETING: November 19, 1998 DATE PREPARED: November 10, 1998 CASE NO. & NAME: X-98-5 Z-98-17 CASE MANAGER: Martin Orner REQUEST: LOCATION: APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: Approval of annexation and zoning 4695 Ward Road Regional Transportation District Regional Transportation District 1600 Blake Street Denver, Colorado 80202 8 Acres County Zoning: A-2, Agriculture; C-1, Commercial; PD, Planned Development. Public transportation park-and-ride facility North: Planned Development (County); South: Interstate 70; East: Ward Road, then A-1, Agricultural-One; West: PD, Planned Development SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER North: Medical Center; South: Interstate 70; East: Open space/undeveloped; West: Cemetery North Plains Community Plan: Retail, Office, Industrial and Residential (up to 15 units per acre). October 30, 1998 November 30, 1998 November 4, 1998 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS 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 on the northwest corner of Ward Road and Interstate 70 and known as the Regional Transportation District (RTD) Ward Road Park-and-Ride. The annexation request, being Case Number ANX-98-05, is to annex the property into the City of Wheat Ridge. Should the annexation be approved, the property could then be zoned with one action, being Case Number WZ-98-17. In March of 1998, the City 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 52"d Avenue, resulting in City services already being provided to the general subject area, and that the use of the property as a transit/park-and-ride facility 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. The property is currently improved with automobile parking areas, open air passenger waiting area and bus stacking and turn around area. Case No. WZ-98-17 is for the zoning of the property to C-1, Commercial for the land use currently occurring on the property and also for uses determined complementary and compatible to the uses currently occurring on the property. 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 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. 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 Corrigan- Kaiser Permanente Michael Wright-Mount Olivet Cemetery ANX-98-05/WZ-98-17 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 practicable to extend to the area those urban services which the annexing municipality provides to all of its citizens. Other than the contiguity requirement, these criteria are subjective. Certainly a community of interest exists, the area is capable of being integrated into the City, and services are able to be extended because the City is already providing services to businesses and residents 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. On October 23, 1998, the Wheat Ridge City Council passed Resolution Number 1687 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 ANX-98-05/WZ-98-17 Page 3 Planning Commission 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 44`h Industrial Park. 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-98-05/WZ-98-17 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 A-2, Agriculture; C-1, Commercial-One and PD, Planned Development. Staffs finds that: 1. The proposal will act as a transitional component between the uses occurring to the north and south. 2. The site is developed as a public transit park-and-ride facility, including mature landscaping, ample paved parking, open air passenger waiting area and bus stacking area. 3. No redevelopment of the property is anticipated. 4. The proposal is considered a complementary land use to existing adjacent land uses. 5. The proposal would rezone the property to City of Wheat Ridge C-1, Commercial zoning, including specific land use restrictions, in order to ensure compatibility with existing on-site and surrounding land uses. 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 Interstate 70, on the east by Ward Road then open undeveloped land, on the west by Mount Olivet Cemetery and on the north by the Kaiser Permanente medical facility. The existing park-and-ride 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. Should future development of compatible and complementary land uses occur, as specified in Exhibit C, the City would collect all applicable taxes generated by the development. b. Physical benefits. The City will gain regulatory control of land uses allowed on the property. 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. All applicable service agencies (water, sewer, telephone, etc.) can provide service to the property. Any future development of the property will be required to construct improvements associated with the development, as well as any required site specific drainage facilities. ANX-98-05/WZ-98-17 Page 5 Planning Commission 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 internal traffic circulation facilities. The requirement for any such improvements shall be formulated at the time of actual development planning for future uses. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently developed as a public transportation park-and-ride facility including automobile parking areas, passenger waiting areas and bus stacking areas. Any future development on the property will meet the use criteria of Exhibit C. The existing Jefferson County zoning, which will be superseded by City zoning, is Agricultural-Two, Commercial-1 and Planned Development. 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 any future development of the property is achieved in a manner consistent with the Three Mile Plan. Therefore, neither isolated nor spot zoning will occur. The zoning of property east of the RTD property is City of Wheat Ridge Agricultural-Two and Agricultural-One. 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. The property is currently developed and is providing necessary public transit services to the community. Any future development of the property, guided by the use restrictions of Exhibit C, will help to assure a logical land use scenario for 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. IV. AGENCY REFERRALS Responding With Concerns: 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 ANX-98-05/WZ-98-17 Page 6 Planning Commission 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 concerned about the removal of the property from the District. The landowner 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 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. ANX-98-05/WZ-98-17 Page 7 Planning Commission City of Arvada Valley Water District Notified But Not Responding: Arvada Fire Protection District Jefferson County Planning 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 Jeffco Health Department Wheat Ridge Building Division Jeffco County Commissioners Metro Wastewater Reclamation Dist. Regional Transportation District Denver Metro. Major League Baseball Dist. Fruitdale Sanitation District 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 proposed land uses are considered appropriate for the property. No negative impacts from the zoning are anticipated. Therefore, staff recommends approval of the zoning change. VI. RECOMMENDED MOTIONS ANNEXATIONS Option A: "I move that Case No. ANX-98-5 , "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Faculty, as legally described in Exhibit B be recommended to the City Council for APPROVED 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 any future development of the subject property. Option B: "I move that Case No. ANX-98-5 , "A request to annex to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit B be recommended to the City Council for DENIAL for the following reasons: 1. The annexation does not meet the state criteria for annexation eligibility. 2. The annexation will not be a logical extension of the City's boundaries. 3. The annexation will not allow the City to gain regulatory control of any future development of the subject property. ANX-98-05/WZ-98-17 Page 8 Planning Commission ZONING Option A: "I move that Case No. WZ-98-17, "A request to rezone certain property known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit C", C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit "B", 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-98-17, "A request to rezone certain property known as the Regional Transportation District Ward Road Park-and-Ride Facility, as legally described in Exhibit C", C-1, Commercial-One, pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit "B", be recommended to the City Council for DENIAL for the following reasons: The proposed zoning is not consistent with the City's rezoning criteria. There would be significant negative impacts as a result of the zoning. The zoning is not consistent with the City's Three Mile Plan. C:\B.baz.\PCRPTS .98-5.wpd ANX-98-05/WZ-98-17 Page 9 Planning Commission 9T A ar . JE 0 9T K I, LOT I KAISER PERMAREME SU601VISIOiIUMG M0. I 12 9T Z , PG. 298 MOUNT F ooz h OLIVET 9 CEMET ARY 1 CEMETARY \ t _ LJ ' a _ BK. M3, PG 90 / iv g i M1µ N`,M1 23 vim N f / p R 441%. AR ' n ~ r~ ~ ' r. .a• io• w 441h. Av. Q ~ _ m ' / v s ' • R ' 'l ~ wn / a r 1 n ..(eY ~ I P P wa a ~ ® I it / ~ 1 • _ / 1 / 4 - ie{/ I U t6 ® - V 1 v Nrt - 24 25 L t,. ) v / 1 I / /1 i •-.L------ w 1 / - P F~ 31 30 ®ox I" as i. / 61 . a I 43 rt C o'l Pf0 1 34 • 39-203 / v-xozm.mz 33 I .,asoo_oo~ 00) J 39 , EXHIBIT C RTD ZONING The Zoning for the property described in Exhibit A 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: 1. 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. The following uses permitted under Section 26-22 (B), Commercial One District (C-1) of the Wheat Ridge Code of Laws: 1. Banks, limited to 2,000 square feet. 2. Child care centers. 3. Offices: general business and professional offices. 4. Park-N-Ride. 5. Parking of automobiles of clients, patients, and patrons of occupants of adjacent commercial districts. 6. Sit down restaurants. 7. Service establishments as listed below: a. Blueprinting, photostatic copying, and other similar reproduction services; however, not including large printing, publishing and/or book binding establishments. b. Laundries and dry cleaning shops. C. Shoe repair shops. d. Tailoring, dressmaking, or clothing alteration shops. e. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. 8. Stores for retail trade as listed below: a. Bakeries, retail b. Book stores and newsstands. C. Camera and photographic service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasoline pumps, limited to 5,000 square feet. f. Delicatessens and coffee shops. g. Drug stores. h. Floral shops. RTD Zoning Uses Page 1 WZ-98-17 i. Gift, novelty or souvenir stores. j. Jewelry stores. k. Notions stores. 1. Optical stores. in. Picture framing shops. n. Stationery stores. o. Tobacco shops. P. Video stores. IL Site Plan Requirement: All permitted principal uses as listed above 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. Prohibited Uses: The following uses shall be prohibited: 1. Adult entertainment establishments. 2. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. 3. Commercial machine shops. 4. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 5. Churches. 6. Liquor stores. 7. Mortuaries and crematoriums. 8. Pawn shops. 9. Golf courses. 10. Tobacco shops. 11. Taverns, night clubs, lounges, private clubs and bars. 12. Truck stops. IV. Special Uses: Any use proposed for the property not specifically listed in 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 the approval of a site plan as required in Section 26-6(B). V. Development Standards: All uses shall be subject to the development and use standards enumerated for the Commercial-One zone district in Section 26-22(F) of the Wheat Ridge Code of Laws. The parking requirement for any use permitted either as a principal permitted use or a special use shall be satisfied by the parking provided in the Park-N- Ride facility and no additional parking spaces shall be required. Ct\Barbara\CCRPTS\rtdzoninguses.wpd RTD Zoning Uses Page 2 WZ-98-17 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat 9Ridge 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 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. 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E p_ E g ` o. m r o E p c E v o ' N .O ~ p = Yt ~ N O N O N O % V N L x x x m X N Q m2 r U m m m U O N O a C C a M O W C N ~ y N O O A - Q W N N O IL f00 N N N N L O _ a Ip O p~ O N .rT+ pJ ~ d y m a U S O N Q O p t%J -Q N wU xOU J ou w m ¢ IN a ° 2 2 0 c d~ O N L ~ C N w~ U N a Q a y - Q E ° a> c 2E o a p ' ` O o xx ~ c U U ~ ~ w E ❑ ❑ ❑ k ❑ ❑ m z m LO u W N E Q rn o o 0 0 p o rn m m Q 00 ` rn m m _ Q W 0 m E o rn a m a rn U z Q W w Z O 0 2 h 0 j O N C~ Q U` Z a Z } O W Q - LO C r~ a > R 0 N O n E L en E J v K 0 v F 7- z 0 c O a a > y V c Y w E zp 0 m n a v v G. 0 z NOTICE OF PUBLIC.HEARING 14ptlo0 is hereby given that a Public :'R`eefing i to be held before the City Of ':'Wfleat Ridga PLANNING COMMIS- (;SION on November 19, 1998, at 7:30 pm:. al ]500 West 29m Avenue, Wheat Ridge: Colorado. All interested citizens 'are"1rtMisd to speak at the Public Hear- or.submit written comments. The 'f±to11 ing petitions shall be heard: for approval to annex 32.886 of unincorporatetl land into the. f Wheat Ritlge antl ro zone the ty as l.-1. Property is locatetl el Nerd Road and known as Kaiser mente Medical Center. Said prop- legally described as follows: aginningat the Southeast comer southwest 1/4 of Section 17, :hip 3 South, Range 69 West of h Principal Meridian. Said south- moner being the True Point of Be- g. Thence N 0°18'19" W along all line of the said Southwest 1/4 :tion'17 a distance of 624.01 feet. :e South 89"41'41" West a cls- of 929.88 feet. Thence South ^00" West a distance of 1,652.86 Thence North 74°3448" East a ice of 960.63 feel. Thence North 12" West a distance of 209.67 Thence North 11°03'18" East a ice of 102.00 feet. Thence North 4'48' East a distance of 30.00 feet a East line of the Northwest 1/4 of on 20, Township 3 South, Range lest of the 6th Principal Meridian. be North 0"15'.12" West along the East line of the Northwest 1/4 of on 20. a distance of 468.01 feet to for approval to annex o... of unincorporated land into the >f Wheat Ridge and to zone the ,ny as C-1. Property is located of 1.70, West of Ward Road, of Kaiser Permanents Medical ar and east of mt. Olivet Cemetery known as the RTD park-n-ride. property is legally described as us: 3eginning at the Northeast comer is Northwest 1/4 of Section 20.. iship 3 South, Range 69 West Of Arc Pt cioal Meridian. the True. ce South 89044'48" West a dis-- i of 50 feet. Thence South. 4'48' West a distance of 625.31 Thence South 0°15'12' East a dis- a.of 299.9] feet. Thence South- 5'03'West a distance of 10.36 feet. ice South 0°15'12" East a distance. 7.30. Thence North 89"44'48" East lance of 9.96 feet. Thence South '12' East a distance of 103.65 feet. ice North 65"53'18" East a dis- e -of 192.47 feet. Thence North' 5'33" East a distance of 474,'.36 Thence North 0°15'12' West a da, e of 723.70 feet. Thence North. TIT East a distance of 102.00 Thence North 89°44'48" East a nice of 30.00 feet to the East line of N O1h (Ranee 69 West of the 6th S'12-West along the said East Me the Northwest 114 of Section 20, a lance of 468.01 feet to the True Barbara Delgadillo, 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. ANX-98-04/WZ-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 alone 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 °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 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 MN -98-0a/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 1-70, 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: 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 10.36 feet. Thence South 0° 15'12" East a distance of 227.30. Thence North 89°44'48" East a distance of 9.96 feet. Thence South 0° 1512" East a distance of 103.65 feet. Thence North 65°53'18" 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 I 1 '0318" 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 61" 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. Barbara Delgadillo, Recording Secretary ATTEST: ;J 44"-L 2L Wanda Sang, City Clerk"S To be Published: Wheat Ridge Transcript Date: . October 30, 1998 C:~BarbamkPCRPTSNLANGCOhnPUBHR(li l 1.19nwclingpab.wpd CITY COUNCIL MINUTES: November 23, 1998 Page - 8 - Motion by Mr. Siler that Council Bill 48 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 the Planning Commission will meet to provide comments to Council even if it requires a special session; seconded by Mr. Eafanti. Amendment by Mrs. Shaver on the first page in the seventh line of the title have the words Commercial-One C-1 changed to Planned Commercial Development; seconded by Mrs. Worth. Amendment was declared a Substitute Motion and overruled by the Mayor Motion by Mrs. Worth that the Mayor's decision be over-ridden; seconded by Mrs. Shaver; failed 4-4 with Councilmembers Siler, Shaver, Dalbec and Worth voting yes. Vote on original motion carried 5-3 with Councilmembers Dalbec, Worth and Shaver voting no. Item 12. Council Bill 49 - An ordinance annexing to the City of Wheat Ridge unincorporated territory known as Regional Transportation District Ward Road Park-and-Ride facility generally located south of Kaiser Permanente Ward Road Medical Facility, north of Interstate 70, west of Ward Road and east of Mount Olivet Cemetary, in Jefferson County. (Case No. ANX-98-05) Council Bill 49 was introduced on first reading by Mr. Siler; title read by the Clerk. Motion by Mr. Siler that Council Bill 49 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 the Planning Commission will meet to provide comments to Council even if it requires a special session; seconded by Mr. Eafanti; carried 6-2 with Mrs. Dalbec and Mrs. Shaver voting no. P'1FBLIC HEARINGS PROC./CEREMONIES BIDS/MOTIONS INFORMATION ONLY QUASI-JUDICIAL , X Yes No CITY MGR. MATTERS CITY ATTY. MATTERS PUBLIC COMMENT ELEC, OFFICIALS MATTERS _X ORDINANCES FOR I ST READING ORDINANCES FOR 2ND READING RESOLUTIONS ANX-98-05/Regional Transportation District SUMMARY/RECOMMENDATION: An Ordinance on first reading annexing 4695 Ward Road and known as the Regional Transportation District Park-and-Ride into the City of Wheat Ridge. Adoption is recommended, ATTACHMENTS: 1) PC report of 11/19/98 2) Ordinance 3) Annexation Agreexiiemt Em Ism Yes No Dept/Acct # Budgeted Amount Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No "I move that Council Bill No. , be approved on first reading, ordered published, public hearing beset for Monday, December 14, 1998, at 7:00 pm. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C:1BarbaraOC,CRPTS\anx9805-Ist,wpd MEMORANDUM TO: Martin Orner, Economic Development Specialist FROM: Darin Morgan, Codes Administrator 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 11-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 = $ 79892.38 119,000 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 FLORA ANDRUS 303 278 8660 P.02 FAIRMOUNT IMPROVEMENT ASSOCIATION November 6, 1998 City of Wheat Ridge 7500 West 29 4 Avenue Wheat Ridge, Colorado 80033 Attention: Mr. Martin Orner Department of Planning and Development Re: Case No. ANX.98-4/WZ98-16 and Case No. ANX.98-5/WZ98-17 Dear Mr. Martin Omer: The above referenced annex petitions of RID and Kaiser have conditions that pose concerns for the citizenry of the Fairmount area. These would impact both the Wheat Ridge community as well as the Fairmount locate adversely. The two areas of greatest concern are: I . The zoning changes that are requested to be implemented with the function of the annexation. This zoning would be a detriment for both of our communities and certainly not an enhancement to the Mount Olivet Cemetery solitude. The Commercial zoning is too broad a zoning without the designations that a PUD would provide. 2. The loss of revenue for the Prospect Recreation District. This is very important to the survival of the Prospect Recreation District as well as the community of Fairmount. While the annexation could take place, the geographic area is still the basis for the revenue that supports the parks. This should be an obligation that continues. In your considerations of both of these aspects, please realize that not only Wheat Ridge but Fairmount, as your neighbor, is being divested of two qualities of our communities that should be protected by and for all of us. If you have any questions regarding our input in your processing of the annexation petitions, please call me at (303) i78-9660- Thank you for your consideration of our concerns. Sincerely, Flora A. Andrus FAIRMOUNT IMPROVEMENT ASSOCIATION P.O_ Box 1297, Golden, CO 80402, FLORA ANDRUS 303 278 8660 P.01 FAIRMOUNT IMPROVEMENT ASSOCIATION FAX TRANSMITTAL DATE: ~~ic~ lr ~r d p TO: ~~ir~i~G` zc ou-r y~(~L mica 4 A1`Tj-'NITON: F.AXPHONE:.~o,3-YES NUMBER OF PAGES (including this transmittal page): 0\ FROM: Flora A. Andrus, President SENDER'S FAX 11: (303) 278-8660 SENDER'S TELEPHONE: (303) 278-8660 -please call if you have questions or did not receive all pages- ItEMARKS: (j Fairmount Improvement Association - P. O. Box 1297, Golden, Colorado 90402 PROSPECT RECREATION DISTRICT 4198 XENON STREET WHEAT RIDGE, COLORADO 80033 PHONE: 424-2346 FAX: 4244066 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 thejurisdiction 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 anyone 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, VW~4-r--- Chuck Reno District Manager cc Ralph Schell, Director of Community Resources Gretchen Cerveny, Wheat Ridge Mayor Bob Middaugh, Wheat Ridge City Manager Prospect Recreation District Board Members FAX MEMO DATE: - (Q - G ~j TO: DEPT/COMPANY: 00 FAX: FROM: Chuck Reno PAGES: 4 (not including cover) REGARDING: tANX. qa-c City of Wheat Ridge Department of Planning and Development 7500 West 29' 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) `Age~ncy~R'eflerral Ppckage' to the Office of the Prospect Recreation District this .-5- day oG iAZV , 1998, o'clock (p.m.)(a.m.). Martm Omer Received this day of /tzv , 1998, at A o'clock (a.m.)(p.m.) PROSPE RE REATION DI TRICT By: Name Ot.o~~ WAS Title Board of County Commissioners Michelle Lawrence District No. 1 Patricia B. Holloway District No.2 John P. Stone Distdct No.3 November 5, 1998 TO: Martin Omer Department of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge Colorado 80033 SUBJECT: Case No: ANX.98-5/WZ 98-17 Jefferson County NO:98015316AXPi Case No: ANX. 98-41WZ 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) 271-6306 FAX (303) 271-6662 TO: Janet Bell Planning and Zo n Department FROM: Richard M. Boyd, Captain DATE: October 23, 1998 SUBJECT: WHEAT RIDGE ANNEXATION -CASE NO 98015316AXP 1 Ronald L. Beckham SHERIFF Doug Matthews HNOERSHERIFF 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. UU OCr 7 1998 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. • 16LI 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 TD.. (RAISER AND RTD) SEC(S). 17 k 20 TOWNSHIP I SOUTH RANGE 69 WEST ( RAISER ) SEC(S).--3-7-TOWNSHIP 3 SOUTH RANGE 69 WEST ( RTD ) DATE RECEIVED: 10-30-98 ASSIGNED TO: Betty noudy DATE DUE: 10-40-98 DATE COMPLETED: 10-30-98 RAISER EXISTING ZONING: P -n AMD CASE NO.: 787-95 1"=400' ORTHOPHOTO NO(S).(RED): 50 RTD EXISTING ZONING: P-D AMD,_p-D A-2 C-1 CASE NO.: Z81-94, B78-35. NON R66-7 B95-50 1"=400' ORTHOPHOTO NO(S).(RED): 50 STATE PLANE GRID Area 32.886 Acres Raiser Area 8.036 Acres RTD Total Area Of Both Parcels: 40.922 ACRES BOUNDARY CLOSURE REQUIREMENT 1. Parcel closed 1:15000-X 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) RTD The area is 116th contiguous to the existin area tiauous to the I eve 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 lines are common with exisina Wheat Ridge boundary to the east and along sou 2. Limitations - C.R.S. 31-12-105(i)(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. lf. The proposed area to be annexed nORS 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 WTTj, 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 DOES 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. 2. 3. 4. 5. 6. 7. 8. 1. eted and sent to Case Manaaer Janet Sei i. anet e - eat i ge nnexations Page 1 From: Chuck Reno To: GW5GC.JBel1 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 e 400 FEET 400 1 0 1 98015316AXP1 PROPOSED WHEAT RIDGE ANNEXAITON SEC 17 & 20 13S R69W AREA: 32.88 ACRES I CNES PloltedsC 1f'6BQr 30, 1998 400 FEET 400 0 1 SCA LIT 'C -:U0 98015316AXP1*A* PROPOSED WHEAT RIDGE ANNEXATION SECTION 209 US., R.69W. AREA: 8.04 ACRES Plotted on October 30. 1998 Sign-In-Sheet For NEIGHBORHOOD MEETING KAISER PERMANENTE 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 # 1. C47 cr- 4J,12 5 rA /lid 2. ~i W7~i4, 40tj4, 4,7 llae7 ~PnveTe~,/ (303) 3. oM L%r-cQRILf{t~ K14(se2 ~e~N.*+~r~T~ (~3)3~`f-77g7 5. 6. Suc ,3! Z)& z,gq- zqVv 303 - a 99-a~V 7. 8. 9. P/0 And I?--a.- F WHEq T O f ITY COUNCIL STUDY E ION MI TTE U M CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building C~~ ~R ADO November 1998 The City Council Study Session was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, 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 i. 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. rviargarex carry, 3060 Zeller 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. City Council Stun 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. Wanda Sang, City erk 1 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 RTD Property. RESOLUTION NO. 1687 A RESOLUTION SETTING A HEARING DATE FOR THE ANNEXATION PETITION FOR THE PROPERTY KNOWN AS THE RTD PROPERTY LOCATED NORTH OF I- 70, WEST OF WARD ROAD, SOUTH OF KAISER PERDIANENTE MEDICAL CENTER, EAST OF NIT. OLIVET CEMETERY The City Council of the City of Wheat Ridge, Colorado Resolves: The City Council finds that z petition for annexation of certain territory more particularly described herein and to be known as the RTD Property, tiled with the City Clerk on October 5, 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 terns of Section 21-12-101, C.R.S., et seq. PARCEL Containing 8.036 acres Beginning at the Northeast corner of the Northwest 1/4 of Section 20, Township 3 South, Range 69 West of the 61" Principal Meridian, the True Point of Beginning. Thence South 0' 15'l 2" East a distance of 777.69 feet. Thence South 89'44'4S" 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 ol'299.97 feet. Thence South 74'35'03"West a distance of 10.36 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.;'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 11'03'18" East a distance of 102.00 feet. Thence North 89044'48" East a distance of 30.00 feet to tike East line of the Northwest 1/4 of Section 20. Township 3 South, Range 69 West of the 6`1 Principal Meridian. Thence North 0° 1512" West along the said East line of the Northwest 1/4 of Section 20, a distance of 463.01 feet to the True Point of Beginning. The City Council hereby sets a public hearing for annexation and zoning on December 14, 1998, at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers, 7500 Wcst 29th Avenue. Wheat Ride, Colorado and directs the City Clerk to publish and give notice as required by State and City laws. Done at a re,ular meeting of the Wheat Ridge City Council held on October 23, 1998, and approved by-a vote of 7 for 1 against. Barbara Delgadillo, Planning Secretary ATTEST: Wanda Sang, City CI rk Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Published: Wheat Ridge Transcript Ist Publication November 13, 1998 2nd Publication November 20, 1998 3rd Publication November 27, 1998 4th Publication December 4, 1998 C'.'l4.nL:na CC kl' I'SI'UI4NU n('.kl'UI'I IltEsaepd Resolution No. 1g; Series of 1998 TITLE: A RESOLUTION 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) 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 I1, 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. F WHEAT, COLORADO retchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk C.\Earbam\CCR PTSMtESO-OR D~adresolindmgpet PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Regional Transportation District Ward Road Park and Ride The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation Act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: Regional Transportation District Ward Road Park and Ride: Exhibit A attached hereto and incorporated hereby 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. I I:? Rd 9_100 86 3013'0 S ,U8313 GED1530271296919.01 39018 d3HM 30 A113 E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. I. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed; B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. 2 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 as may be otherwise provided in the Regional Transportation District Act, Section 32-9-101, et seq., C.R.S., other applicable legislation, and the Constitution of the State of Colorado. 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 it 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. REGIONAL TRANSPORTATION DISTRICT Signature of Date of Mailing Address Legal Description Lam ~r'J~N` Signature ofhKe 4ndowner tt of Land Owned Den0er,aCO 5 20"L 'Jon Cal-aara Exhibit A (attached) Chairman of the Board Regional Transportation District 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 d 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 The fore ping Affidavit of Circulator was subscribed and sworn to before me this o? day of , 199 g' , by 1<1 .1 My Commission expires: / C~a,o .t,Q.c,y X75 . Notary Public (SEAL) My Commission Expires 07/13/2001 A OVtO AS TO L.G,4 L -M T HI iiEGf0NAL T~'3A_Ns1'`-,icfR,iP* N', G:SFRK-T: 3 LEGAL COUNS L EXHIBIT A A tract or parcel of land No. 1A of the State Department of Highways, Division of Highways, State of Colorado, Project No. I 70-3(116); QI 70-3(121) containing 166,647 sq. ft., more or less, in- the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Beginning.at a point from which the N'1/4 corner of said Section 20 bears N. 27' 45' 45" E., a distance of 1,402.8 feet; 1. Thence N. 74' 50' 00" E., a distance of 625.3 feet to the westerly right of way line of S.H. No. 72 (Ward Road) (August 1981); 2. Thence S. 00' 00' 15" E., along said westerly right of way line a distance of 214.0 feet to the northerly right of way line of S.H. No. 70 (August 1981);. 3. Thence S. 64' 20' 30" W., along said northerly right of way line, a distance of 468.8 feet; 4. Thence S. 66' 08' 15" W., continuing along said northerly right of way line,.a distance of 197.9 feet; 5. Thence N. 00' 00' 15" W., a distance of 333.4 feet, more or less, to the point of beginning. The above described parcel contains 166,647 sq. ft., more or less and was acquired by the grantor on February 2, 1982 and recorded March 1, 1982 at Reception No. 82013113 of the Jefferson County records. AND A tract or parcel of land No. 2 of the State Department of Highways, Division :of Highways, State of Colorado, Project No. I 70-3(116), QI 70-3(121) containing 116,524 sq. ft., more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, more commonly 'if in Dcnwr. inun "Chy and." Page Two known as 4625 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Beginning at the center of said Section 20; thence North along the East line of the W 1/2 of said Section 20, a distance of 1,577.6 feet; thence South at an angle of 74' 50' 00" West, a distance of 51.8 feet to the true point of beginning. Thence continuing South 74' 50' 00" West, a distance of 399.6 feet; 2. Thence North and parallel with the East line of the W 1/2 of said Section 20, a distance of 200.0 feet; 3. Thence South 74' 50' 00" West and parallel to the South line of the tract hereby conveyed, a distance of 225.7 feet; 4. Thence North and parallel with the East line of the W 1/2 of said Section 20, a distance of 100.0 feet; 5. Thence North 74' 50' 00" East and parallel with the South line of the tract hereby conveyed, a distance of 480.48 feet; 6. Thence South and parallel with the East line of the West 1/2 of said Section 20, a distance of 150.0 feet; 7. Thence North 74' 50' 00" East and parallel with the South line of the tract hereby conveyed, a distance of 144.8 feet; 8. Thence South and parallel with the Fast line of the West 1/2 of said Section 20, a distance of 150.0 feet, more or less, to the True Point of Beginning. The above described parcel contains 116,524 square feet, more or less and was conveyed to the grantor on February 4, 1982 and recorded February 22, 1982 at Reception No. 82011479 of the Jefferson County records. AND A tract or parcel of land No. 3 of the State Department of Highways, Division of Highways, State of Colorado, Project Nos. I 70-3(116) and QI 70-3(121) containing 21,780 sq, ft., more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, more commonly known as 4609 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point which is 451.4 feet S. 74' 50' 00" W., from a point which is 1,577.6 feet North of center of said Section 20, running thence S. 74' 50' 00" W., a distance of 225.7 feet; thence North, parallel with the east line of the NW 1/4 of said Section.20, a distance of 100 feet; thence N. 74' 50' 00" E., a distance of 225.7 feet; thence South, parallel with the East line of the NW 1/4 of Section 20, a distance of 100 feet to the point of beginning. The above described parcel contains 21,780 sq. ft., more or less and was conveyed to the grantor on September 12, 1983 and recorded September 30, 1983 at Reception No. 83094023 of the Jefferson County records. AND A tract or parcel of land No. 5 of the State Department of Highways, Division of Highways, State of Colorado, Project Nos. I 70-3(116), QI 70-3(121) containing 21,784 square feet, more or less, Page Three in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian in Jefferson County, Colorado, more commonly known as 4605 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point which is 451.4 feet South at an angle of 74- 50' 00" West from a point that is on the East line of the West 1/2 of said Section 20, and 1,677.6 feet North of the center of said Section 20; thence South 74' 50' 00" West, a distance of 225.7 feet; thence North and parallel with the East line of said Section 20, a distance of 100 feet; thence North 74' 50' 00" East, a distance of 225.7 feet; thence South 100 feet to the point of beginning. The above described parcel contains 21,784 square feet, more or less and was acquired by the grantor on February 2, 1982 and recorded March 1, 1982 at Reception No. 82013113 of the Jefferson County records. ALSO A tract or parcel of land No. SE-lA of the State Department of Highways, Division of Highways, State of Colorado, Project No. I - 70-3(116), QI 70-3(121) containing 2,286 square feet, more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian in Jefferson. Cozen ty, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which the N 1/4 corner of said Section 20 bears N. 27' 45' 45" E., a distance of 1,402.8 feet; Thence S. 00' 00' 15" E., a distance of 230.0 feet; 2.- Thence S. 89' 59' 45" W., a distance of 10.0 feet; 3. Thence N. 00' 00' 15" W., a distance of 227.3 feet; 4. Thence N. 74' S0' 00" E., a distance of 10.4 feet, more or less, to the point of beginning. The above described Slope Ee_vement contains 2,286 square feet, more or lessand is for the purpose of construction. and insuring protection of slopes. The above described slope easement was acquired by the grantor February 2, 1982 and recorded March 1, 1982 at Reception No. 82013115 of the Jefferson County records. The transfer of the property rights described herein shall revert to the grantor should the grantee cease to use said property as a Park-N-Ride or for mass transit purposes. This possibility of reverter shall not keep the grantee from entering into joint _ develoln,ent agreements on the herein described property, an long as the grantee retains ownership of the underlying fee and continues to use the herein described property primarily for Park-N-Ride or mass- transit Ixrrposes. In the event the herein described property is ever sold, in whole or in part then the proceeds of the sale shall be divided with eighty percent (80X) being given to the Urban Mass Transportation Administration of the United State Department of Transportation, and the remaining twenty percent (20X) being equally shared among. the grantor and the grantee or their successor governmental agencies. Subject to any easements and rights of way of record. This Deed is given to correct the description of Parcel No. 3 on Page 2 used in a previous Deed between the parties hereto, dated March 27, 1989 and recorded on May 3, 1989, at Reception Number`89037733 of the records in the office of the Clerk and Recorder of Jefferson Qounty, specifically to revise the third line of the second paragraph of said parcel description from "running thence S. 74' 50' 00" W., a distance of 255.7 feet; thence" to "running thence S. 74' 50'..00" W., a distance of 225.7 feet; thence". Page Two known as 4625 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Beginning at the center of said Section 20; thence North along the East line of the W 1/2 of said Section 20, a distance of 1,577.6 feet; thence South at an angle of 74' 50' 00" West, a distance of 51.8 feet to the true point of beginning. 1. Thence continuing South 74' 50' 00" West, a distance of 399.6 feet; 2. Thence North and parallel with the East line of the W 1/2 of said Section 20, a distance of 200.0 feet; 3. Thence South 74' 50' 00".West and parallel to the South line of the tract hereby conveyed, a distance of 225.7 feet; 4. Thence North and parallel with the East line of the W 1/2 of said Section 20, a distance of 100.0 feet; 5. Thence North 74' 50' 00" East and parallel with the South line of the tract hereby conveyed, a distance of 480.48 feet; 6. Thence South and parallel with the East line of the West 1/2 of said Section 20, a distance of 150.0 feet; 7. Thence North 74' 50' 00" East and parallel with the South line of the tract hereby conveyed, a distance of 144.8 feet; 8. Thence South and parallel with the East line of the West 1/2 of said Section 20, a distance of 150.0 feet, more or leas, to the True Point of Beginning. The above described parcel contains 116,524 square feet, more or less and was conveyed to the grantor on February 4, 1982 and recorded February 22, 1982 at Reception No. 82011479 of the Jefferson County records. AND A tract or parcel of land No. 3 of the State Department of Highways, Division of Highways, State of Colorado, Project Nos. I 70-3(116) and QI 70-3(121) containing 21,780 sq. ft., more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, more commonly known as 4609 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point which is 451.4 feet S. 74' 50' 00" W., from a point which is 1,577.6 feet North of center of said Section 20, running thence S. 74' 50' 00" W., a distance of 225.7 feet; thence North, parallel with the east line of the NW 1/4 of said Section 20, a distance of 100 feet; thence N. 74' 50' 00" E., a distance of 225.7 feet; thence South, parallel with the East line of the NW 1/4 of Section 20, a distance of 100 feet to the point of beginning. The above described parcel contains 21,780 sq. ft., more or less and was conveyed to the grantor 'on September 12, 1983 and recorded September 30, 1983 at Reception No. 83094023 of the Jefferson County records. AND A tract or parcel of land No. 5 of the State Department of Highways, Division of Highways, State of Colorado, Project Nos. I 70-3(116), QI 70-3(121) containing 21,784 square feet, more or less, Page Three in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian in Jefferson County, Colorado, more commonly known as 4605 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point which is 451.4 feet South at an angle of 74' 50' 00" West from a point that is on the East line of the West 1/2 of said Section 20, and 1,677.6 feet North of the center of said Section 20; thence South 74' 50' 00" West, a distance of 225.7 feet; thence North and parallel with the East line of said Section 20, a distance of 100 feet; thence North 74' 50' 00" East, a distance of 225.7 feet; thence South 100 feet to the point of beginning. The above described parcel contains 21,784 square feet, more or less and was acquired by the grantor on February 2, 1982 and recorded March 1, 1982 at Reception No. 82013113 of the Jefferson County records. ALSO A tract or parcel of land No. SE-lA of the State Department of Highways, Division of Highways, State of Colorado, Project No. I 70-3(116), QI 70-3(121) containing 2,286 square feet, more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian in Jefferson.County, Colorado, said tract or parcel being more particularly described as follows: . Beginning at a point from which the N 1/4 corner of said Section 20 bears N. 27' 45' 45" E., a distance of 1,402.8 feet; 1. Thence S. 00' 00' 15" E., a distance of 230.0 feet; 2. Thence S. 89' 59' 45" W., a distance of 10.0 feet; 3. Thence N. 00' 00' 15" W., a distance of 227.3 feet; 4. Thence N. 74' 50' 00" E., a distance of 10.4 feet, more or less, to the point of. beginning. The above described Slope Easement contains 2,286 square feet, more or less and is for the purpose of construction. and insuring protection of slopes. The above described slope easement was acquired by the grantor February 2, 1982 and recorded March 1, 1982 at Reception No. 82013115 of the Jefferson County records. The transfer of the property rights described herein shail revert to the grantor should the grantee cease to use said property as a Park-N-Ride or for mass transit purposes. This possibility of reverter shall not keep the grantee from entering into joint develolmient agreements on the herein described property, so long as the. grantee retains ownership of the underlying fee and continues to use the herein -described property primarily for Park-N-Ride or mass- transit purposes. In the event the herein described property is ever sold, in whole or in part then the proceeds of the sale shall be divided with eighty percent (80X) being given to the Urban Mass Transportation Administration of the United State Department of Transportation, and the remaining twenty percent (20X) being equally shared among the grantor and the grantee or their successor governmental agencies. Subject to any easements and rights of way of record. This Deed is given to correct the description of Parcel No. 3 on Page 2 used in a previous Deed between the parties hereto, dated March . a . jAtrf [i{ i~ ~3~ a •o •o F c u u TNJ ~ if Bo J( U e iiEcfl lY Sli !k i!t[ _ 1 N N N edSt€~~33'iii k f~ ~'+elt- _ I sec€37€ eei3i a 23,i:::. ' s`"ic ; .r . 7i:~i :434s! a~d_ j":': i~ ~•i'€ i i e~ ~ 'Hill ii:S¢4it ail [ ii {ii =;r`is ? if ~1{ . {i 7 is { O ^.'-€2 I Z!s !{i { '31M] [ii { i[ t !a 7F! x at r-1 3€~i3! :S•t=di ie3 3fe {ii idksi3 ari k :;!jj1 t1_ `t€j3= * ! ! ! 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O E a E ~ ` a m L O co E N O ' MS ~p r= e/1 L D = h N V N X U N ~ INa m w Q m ~ $ U c in m o u O N T a N a ~ C Y Ol O m o a~ d m d a~cO m ~Up N -p E c U d; Q U w c m V N N O o O N N - C N N m~ Q 'O _ Q E N N t' J cG O O N O _ U vK°w E ❑ 1:1 El a ❑ ❑ z v N U N C Q r o O Q CO a ` w v _ W O v E U J z W Q W x(!) U) x U- N p 03: ? a ~ z } O W z _ l F ~ Q . Una a c m N T O a F o-0 c U O N F z G N O C ti N G 0 a E J U O a c T a V 0. 0 U E z e'ecrcanuv .C1eie. 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. AQAV'~ , iv- ib'-~ AGENDA SPECIAL CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building FRIDAY. OCTOBER 23. 1998 5:00 P.M. setting a public hearing on annexations. Mayor Cerveny requested that City Clerk, Wanda Sang, call a special meeting of the City Council to consider two resolutions finding substantial compliance and 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 W" MEMORANDUM m TO: Mayor and City Council ~OCOR~oo 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-Permane to 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 Respectfidly submitted, Robert C. Middaugh City Manager M10.21 GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM S 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\530271299360.01 TO: Wanda Sang, City Clerk FROM: Gretchen Cerveny, Mayor Pursuiint 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 STEM RECAP AGENDA ITEM - 23 October k9, 1998 QUASI-JUDICIAL - X Yes No _ PUBLIC HEARINGS -CITY MGR. MATTERS _ ORDINANCES FOR IST 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-98-05/RTD SUMMARY/RECOMINIENDATION: Adopt a resolution finding a petition in compliance for annexation of the RTD park-and-ride located on the northwest corner of I-70 and Ward Road and to set a public hearing date to consider the annexation. 1)TResollution 1 6 g -1 I ITEM: Yes No Fund Dept/Acct H Budgeted Amount $ _ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation Yes t;o SUGGESTED MOTION: *1 move to adopt Resolution No. 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." C .Oaiham CMITS:u10803ld w1x! Resolution No. 1687 Series of 1998 TITLE: A RESOLUTION 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) 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(l); and WHEREAS, the City Council of the City of Wheat Ridge, Colorado has satisfied itself concerning the substantial compliance of the ~witten petition for annexation to and by the City of Wheat Ridge, Colorado. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF TI{E 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 II, 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. 23,a~ RESOLVED AND PASSED this Air day of October, 1998. CITY OF WHEAT RIDGE, COLORADO Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk C'Barbarak=r S}RESO.ORDtrWrewrindingpa EXHIBIT A R.T.D. Property Beginning at the Northeast corner of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6`h Principal Meridian. the True Point of Beginning. Thence S 0° 15' 12" E a distance of 777.69 feet. Thence S 89° 44'48" W a distance of 50 feet. Thence S 74° 34'48" `V a distance of 625.31 feet. Thence S 0° 15' 12" E a distance of 299.97 feet. Thence S 74° 35'0311 W a distance of 10.36 feet. Thence S 0° 15' 12" E a distance of 227.30 feet. Thence N 89° 44'48" E a distance of 9.96 feet. Thence S 0° 15' 12" E a distance of 103.65 feet. Thence N'650 53' 18" E adistance of 192.47 feet. Thence N 64 ° 05' 33" E a distance of 474.30 feet. Thence N 0 ° 15' 12" W a distance of 723.70 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 350.040.02 sq. fr. , or 8.036 acres The perimeter length is 2457.35 feet 31-12-105 Government - Municipal 65 a.., 2; ~cz .g...i . _ ~ " rp t sions have been included in the annotations to the county ownership of the street for Pu Y. this section: of meeting the § 31-8-106(3) sole ownershi 'f• The annexation statutes are more than mere re i i - proL ' • . qu rement n a city annexation ordinanc•s formalLlies. Johnston v. City Council, 189 Colo. Board of County Comm'rs v. City & County ono pull o 345.540 P.2d 1081 (1975). Denver, 190 Colo. 8, 543, P._d 521 (1975). 1 i li ibl of tl s e g e undaries are But a public way or a portion of a public an txation if a percentage of its bo Fad: can be utilized as a noncontiguous bounds h those City of Littleton the annexed territory, since the statute con ai onti us wi olut' ith v ri t Colo. 3Jfi ga 338 P.2d 1025 no such restriction. Board of Count Comm' (1959). Y rsv; ; w anm City & County of Denver, 37 Colo. App. 395, 5qg ; Specific findings required for proposed area P2d 922 (1976). ' d,rte for annexation. In a unilateral annexation put- ' • suant to section 31-12-106 (2), the legislative Legal description held to be in substanti4 j lion pros • body with annexing authority must make specif- compliance with the requirements of this sera- , is findings at a hearing that the proposed area to lion. Slack v. City of Colorado Springs, 655 •7A;', hear (d be annexed has had the requisite boundary . con- 376 (Colo.1982). dish • tiguity for the requisite period of time before Effect of ditch. The statutory requirement of _r to sc ' such'an area is annexation by the contiguity is satisfied where part of the area to: eligible for ' governing be annexed is bounded by a ditch, the east side'? body. Cesario v. City of , to sc he Springs, 200 Colo. 459,616 P.2d 113 (1980), of which is contiguous to the city. Rice v. City of E l d t ng ewoo , 147 Colo. 33,362 P.2d 557 (1961).. A resolution of the absolute tactual 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 comm ? any r 223.493 P.2d 651 (1972). nity of interest, that the territory is urban or will a; mile The size and shape of a parcel to he annexed be urbanized in the near future, and that the ter.' a pla is immaterial and is conclusively a legislative ritory is integrated or capable of being integral! right ' - problem. Board of County Comm'rs v. City & ed into the city, subsection (1)(a) of this sectlo"n ' Prior County of Denver, 37 Colo. App. 395,548 P.2d provides that the fact that the territory has thb' have 9-2(1976). contiguity with the annexing municipality' t Ier, a But courts will not read into the annexation required by this article shall be a basis for a find. aqua: 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 ' i Board of County Comm'rs V. City & County of the findings of the city council. Breternitz v City Mun Denver, 37 Cola App. 395, 548 P.2d 922 (1976). o[Arvada. .174 Colo. 56,4S2 P.2d 955 (1971). i once , {there the property annexed includes public Contiguity requirement not met where [eder-'• divid streets, the court may include the perimeter of at land intervened between town and the pro:' erty i the streets in calculating whether.one-sixth of posed annexation and consent was not obtained' ershr 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 (f) sixth requirement is in no way altered by 131- Vail. 706 P.2d I (Colo. App. 1985). Platt( 12.105 (1)(e). Board of County Comm rs v. City Subsection (1)(a) is not ambiguous; therefore' within 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 Md section (1) contiguity requirement, but to ignore 793 (Colo. App. 1991) a frar . i but is '31-U-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the con• t trary, the following limitations shall apply to all annexations: wi h i (a) In establishing the boundaries of any territory to be annexed, no land held in iden [ tical ownership, whether consisting of one tract or parcel of real estate o t • valid r wo or more con tiguous tracts or parcels of real estate, shall be divided into separate parts or parcels with-' So out the written consent of the landowners thereof unless such tracts or parcels are t 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- er with the buildings and improvements situated thereon has a valuation for assessment m Ill. 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 L 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. t . . tions I (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 Gambi occupancy of buildings upon :ntirely contained within the i owner has exactly the same 'eels of land. f •d interest in a given parcel of the owner in fee of an undi i A an undivided interest in the aroperty in the area proposed .east eighteen years of age as n the effective date of the res.. hearing first commences .:,I ted in part 1 of article 1 of this.' annexed.' a>; in vested-with the municipal e, including but not limited tor; ricts, water and sanitation dis. I districts ing place within the area pro' comes liable for ad valorem' aexed during a specified peri;~l .I nd of improvements for rui. 4 J ablic flood control, and recre•s awing crops, truck gardening, term also applies to vacant oment by such steps as subdi. "r hewer lines construction of :a As nt at any time, he was not' • of a single lot at the time se to the petition, and since • than 50 percent of the area 1 aexed had not joined in seek the ordinance of the city coup innex the acres included in Elkins v City & County of D 32, 402 P.2d 617 (1965). ad public ways In an area iT fed in calculating the area to k County of Denver v. Holu W P.2d 901 (1965). . 1 card of County Comm'rs e C :over, 193 Colo. 325,566 P.2d i ble for annexation if the Is and determines: ea proposed to be annex t be affected by the exist public or-private transpi state, the United State. ,4 -servoir, stream, or other and the land proposed t tSl Annexation - Consolidation - Disconnection 31-12-104 annexed. Subject to the requirements imposed by section 31-12-105 (1) (e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hear. ing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12-108.5. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said''area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of 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: (l) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five per- cent of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an inten- tion to devote the land to such agricultural use for a period of not less than five years (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on 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 6 provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more *than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established 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. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12.102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31.12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality hav- ing a plan in place pursuant to section 31-12.105 (1) (e) directly'affected by such annexa- tion, in addition to those described in section 31.12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Source: L. 75: Entire title R&RE, p. 1078, § 1, effective July 1. L. 87: (1)(a) amended, p. 1218, § 1, effective May 28. L, 91: (2) added, p. 763, § 1, effective May 15. Cross references: For annexation of unincorporated areas see 130 of article II of the Colorado Con• stitution. Am. Jun2d. See 56 Am. Jur.2d, Municipal Corporations Etc., § § 55, 56. CJ.S. See 62 C.J.S., Municipal Corpora- ' [ions, 1.46. Annotator's note. Since 131-12-104 is similar to former 131-8-104 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provi- ii i •i 652 ownership of the street for purposes the § 31-8-106(3) sole ownership it in a city annexation ordinance ' t-, ounty Comm rs v. City & County of t' I Colo. S. 543 P.2d 521 (1975). :v ilic way or a portion of a public way zed as a noncontiguous boundary of 1 territory, since the statute contains - riction. Board of County Comm'rs v, atyofDenver, 37Colo. App. 395,548 76). scription held to be in substantial with the requirements of this sec. i. City of Colorado Springs, 655 P.2d 982). ditch. The statutory requirement of satisfied where part of the area to i3 is bounded by a ditch, the east side :ontiguous to the city. Rice v City of 147 Colo. 33,362 P.2d 557 (1961). ' ILI y basis for finding of community of .h respect to the matters of eommu., ;st, that the territory is urban or will I in the near future, and that the tfr. d bl i I :grate or capa e of be ng ntegra(.: ity, subsection (1)(a) of this section rt4. it the fact that the territory has the' ' with the annexing municipality this article shall be a basis for a find. fiance, and where there was a requi. ty, the court erred in its criticism of of the city council. Breternitz v. City " 74 Colo. 56,482 P.2d 955 (1971).•;;, ; y. , y requirement not met where feder.' .rvened between town and the pro ation and consent was not obtained' agency to divide that tract from the . . ! Weral lands. Caroselli v. Town of 11 (Colo. App. 1985). a (1)(a) it not ambiguous; therefore' r 1 not consider the legislative history in to aid in construction. Board of im is v. City of Lakewood, 813 P2d, pp. 1991). .q risions of this part 1 to the coo- s: 2.: • 7 annexed, no land held in idea 'real estate or two or more con- , r 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- .eet,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 governing 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 orannexation 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. Within 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 shall 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)(8) 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. L General Consideration. IL 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 U.S., Municipal Corpora- tions,1 46. Law reviews. For article, "Annexation: Today's Oambie for Tomorrow's Gain-Parts I and II", see 17 Colo. Law. 603 (1988). For article, "ADR Techniques in Municipal Annexations", see IS Colo. Law. 901 (1989). Annotator's note. Since 131.12.105 is similar to former 131-8-105 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases 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 I. ' I. %.1§1 or conditioin smended § 2, effecti II of the Cal. in a two., - Lion (2) of ch ags. 200 CoIQ 'a t period, ')be the area to be, sforath., - ret. [which Fan ' ae effective b' 96 P2di999 ds cOnttqulj): tha¢ two. dng city, the :xed area ad to warrant a erger, where, red has over :zing city, the leas is or can e allowed to the resident', is recognizes fo Springs is exation iaw he propery. an annexed 'cups of citi-, :the borders-mic base of Acinies owe hing for the s these peo.. exation and - e very exh- of Colorado afrd, 399 55(1970).- In nature. ;y has dele- t acity, Ifiat r. Board of Denver,37 .4, mdated by : property rtiguity for nencemeni )f county it 37 Colo. to subsee-1• annexing Annexation - Consolidation - Disconnection 31-12-107 Aority must make specific findings at a hear- . yl that the proposed area to be annexed has the requisite boundary contiguity for the e,,isite period of time before such an area is C,s3rio v. City of annexation Colo ado Springs, 200 Colo. 69,616 P.M 113 (1980). - fhe size and shape of a parcel to be annexed ai@material and is conclusively a legislative ,ioblcm. Board o Denver- 37oColo. Comm'rs v. pp395, 548 P d unt ri(1976). PP A public way or a portion of a public way ran t, utilized as a noncontiguous boundary of the pnesed territory, since the statute contains no sorb restriction. Board of County Comm'rs Y. oly & County of Denver, 37 Colo. App. 395,548 p2d 922 (1974 Streets not exempt from subsection (3). If the general assembly had intended that streets be ,scluded from the definition of sole ownership, d would have provided an exception to that ,Rect. Board of County Commis 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 dfected by a street owned by an entity other than the annexing authority where that street constitutes the only contiguous land. Board of County Comm rs v. City & County of Denver, 190 Colo. 8, 543 P.2d 521(1975). hteasurements for determining boundary contiguity confined to area's perimeter. The measurements for determining boundary conti- guity 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 Y. City & County of Denver, 38 Colo. App. 171, 556 PZd 486 (1976), afrd,194 Cola 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- strate 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 (Cola 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 r 31-12-107 Government - Municipal 658 649 (IX) The affidavit of each circulator of such petition, whether consisting of one or' nt` more sheets, that each signature therein is the signature of the person whose name it par. ; aa dare: ports to be. (d) Accompanying the petition shall be four copies of an annexation map containi i ~ ng the following information: c sc t (I) A written legal description of the boundaries of the area proposed to .be annexed; ' r shill" (II) 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 . latted land and tract in un if art or all of the a a i l t d h b d i Ica$( t p , p re s p at e , t e oun ar es and the plat : rcctio numbers of plots or of lots and blocks; i (I) (IV) Next to the boundary of the area proposed to be annexed, a drawing of the coa• •i s r i tiguous boundary of the annexing municipality and the contiguous boundary of any other on l (5) municipality abutting the area proposed to be annexed. rv (e) No signature on the petition is valid if it is dated more than one hundred eighty days I b jdy . prior to the date of filing the petition for annexation with the clerk. All petitions which sub-,k prose, stantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection r that ar (1) shall be deemed sufficient. No person signing a petition for annexation shall be permit. ; year ft ted to withdraw his signature from the petition after the petition has been filed with the'.; nature clerk, except as such right of withdrawal is otherwise set forth in the petition. T locate (f) The clerk shall refer the petition to the governing body as a communication.The 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). .0 ( ) If the etition is found to be in b t i l li h is the: g p su s ant a comp ance with this subsection (1); t e 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 % tilling streets and alleys, the governing body may by ordinance annex such area to the municipal;`- lion to ity without election, as provided in section 31-12-111, unless additional terms and condi;° compu tions are to be imposed. The ordinance annexing such area shall include a statement thaC taxes is the owners of one hundred percent of the area have petitioned for such annexation. •'r who is (2) Petition for annexation election: ;J of the I (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 d (8) subsection (2) and either: (I) Shall be signed by at least seventy-five qualified electors or ten percent of said elec. municir no such tors, whichever is less, if such area is located in a county of more than twenty-five thousand valid to 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. t.' L. 97: (b) The petition shall be filed with the clerk. : yN I (c) The petition for annexation election shall comply with the provisions of paragraph; C (c) of subsection (1) of this section; except that: U. P (I) Rather than an allegation of any certain percentage of land owned, it shall contain III. P an allegation that the signers of the petition are qualified electors resident in and landowa- ers of the area proposed to be annexed; and ..a f. (II) The petition shall request the annexing municipality to commence proceedings for Am I the holding of an annexation election. ,;d Corprat (d) The requirements and procedures provided for in paragraphs (e) and (f) of subset, C.I S tion (1) of this section shall be met and followed in a proceeding under this subsection (2). . . lion: 13 (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 Consinut for an annexation election is not found to be in substantial compliance, no further action (1963) F shall be taken; except that the governing body shall make such determination by resolution . for Tom( If the petition for an annexation election is found to be in substantial compliance with this . Colo. G, section, the governing body may pass a resolution' of intent to annex the land proposed for. lques in 901 oal 658 & tion, whether consisting of one or e of the person whose name it pur_ to s of an annexation map containing' ' the area proposed to be annexed; )sed to be annexed. 4 tg of the location of each ownership } 7latted, the boundaries and the plat. be annexed, a drawing of the can.. "f contiguous boundary of any other more than one hundred eighty days ;i .h the clerk. All petitions which sub , agraphs (b) to (d) of this subsectioq tion for annexation shall be permit. he petition has been filed with the t forth in the petition. ing body as a communication. The'" )propriate steps to determine if the' subsection (1). oliance with this subsection (1),, the hall then be followed. If it is not a :n; except that the governing body ept that when the petition is signed,. )posed to be annexed, exclusive of ,I annex such area to the municipal•y unless additional terms and condi= , area shall include a statement that',n utioned for such annexation. St g body of any municipality to com- 1+ lection in the area proposed to'bi`10 A in paragraphs (c) and (d) of th R electors or ten percent of said e.lec-. of more than twenty-five thousand ors or ten percent of said electors,. f twenty-five thousand inhabitants .y with the provisions of paragrap. W :age of land owned, it shall contain d electors resident in and landown- ,ality to commence proceedings for n paragraphs (e) and (f) of subsea. oceeding under this subsection (2);r )fiance with this subsection (2), the all then be followed. If the pehtiod ' ntial compliance, no further by ac l.. . e such determination resoluti4 in substantial compliance with this r. 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 pursuant to subsection (1) of this section if such petition for annexation election is filed at least ten days prior to the hearing date set for the 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 body of the municipality with which the petition is filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106 (1). In the event 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)(W) amended, p. 1152, § 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. Annotator's note. Since § 31.12.107 is similar If. Petition for Annexation. to former 13 1 -8-107 prior to the 1975 repeal and Ill. Petition for Annexation Election. reenactment of this title, and laws antecedent thereto, relevant cues 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. U.S. See 62 CIS., Municipal Corpora- City of Arvada, 174 Colo. 56AS2P.2d955(1971). lions, § 56 Pora• Procedures detailed. This section detailed 659 ant to annex the land proposed for 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. Cit. J. 134 area to be annexed. Tanner v. City of Boulder, (1963). For article,"Annexation:Today'sGamble 151 Colo. 283,377P.2d945(1962). for Tomorrow's Gain-Parts 1 and fl", see 17 Differentiation of petitioner qualifications Colo. Law. 603 (1988). For article, "ADR Tech- Except for differences regarding the qualifica- mques in Municipal Annexations", see 18 Colo. tions of the petitioners, the procedures under Law. 901(f989). this section are substantially the same. City of l; t; i i ~,I r c I 31-12-104 Government - Municipal 650 !II ordinance, code, or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction. v: (4) "Enclave" means an unincorporated area of land entirely contained within the., outer boundaries of the annexing municipality. (5) "Identical ownership" means a situation where each owner has exactly the same degree of interest in each separate parcel of two or more parcels of land. (6) "Landowner" means the owner in fee of any undivided interest in a given parcel of . land. If the mineral estate has been severed, the'landowner is the owner in fee of an undi- ' vided interest in the surface estate and not the owner in fee of an undivided interest in the' mineral estate. (7) "Nonresident landowner" means any person owning property in the area proposed, -';p to be annexed who is not a qualified elector and who is at least eighteen years of age as' attested to by sworn affidavit. (8) . "Period of notice for hearing" means the time between the effective date of the res. i olution establishing the hearing date and the date when such hearing first commences (9) "Qualified elector" means a registered elector, as defined in part 1 of article I of this title, who is a resident landowner of the area proposed to be annexed.' (10) "Quasi-municipal corporation" means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to' domestic water districts, metropolitan districts, sanitation districts, water and sanitation d'u- tricts, fire protection districts, recreation districts, and disposal districts (11) "Resident" means one who makes his primary dwelling place within the area pro. ^ posed to be annexed. (12) "Taxpayer" means any person who has paid or becomes liable for ad valorem` ' taxes on real property located in the area proposed to be annexed during a specified peril, od of time. (13) "Urban development" means the construction on land of improvements for resi- dential, institutional, commercial, industrial, transportation, public flood control, and recre- ational and similar uses, in contrast to use of the land for growing crops, truck gardening, grazing of farm animals, and other agricultural pursuits The term also applies to vacant, ground which has been or is being prepared for urban development by such steps as subdi- vision into lots or plots and blocks, installation of water and sewer lines, construction of access streets and construction of railroad spur or branch tracks Source: L, 75: Entire title R&RE, p. 1076, § 1, effective July 1. Annotator's note. Since § 31.12.103 is similar to former § 31.8.103 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provi- sions have been included in the annotations to this section. Status prerequisites for parties. The require- ments of ownership in fee and the liability for taxes are both prerequisites for participation as a proponent or the annexation; and the same requirements confront an opponent of the annexation. City & County of Denver v. Holmes, 156 Cola 586,400 P.2d 901 (1965). Option-holder not owner In fee. Where the holder of an option was under no obligation to exercise that option and could have abandoned 1 the development at any time, he was not the "owner in fee" of a single lot at the. time he affixed his name to the petition, and since the owners of more than 50 percent of the area pro- posed to be annexed had not joined in seeking the annexation, the ordinance of the city council,. purporting to annex the acres included in the petition is void. Elkins v. City & County of Den-. ver,157 Colo. 252.402 P.2d 617 (1965). The streets and public ways in an area were not to be included in calculating the area to be annexed. City & County of Denver v. Holmes, 156 Cola 586,400 P.2d 901 (1965). Applied in Board of County Comm'rs v. City & County of Denver, 193 Colo. 325.566 P.2d 335 (1977). 31.12.104. Eligibility for annexation. (1) An area is eligible for annexation if the gov- erning body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transports-. tion right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other nat- ural or artificial waterway between the annexing municipality and the land proposed to be 651 annexed. Subj be established sbe completed ino required required by se (b) That a the annexing t and that said . municipality." annexing mun finding of com competent evi• least t (I) Less th make use of p Recreational, c cent of said arc adult residents (11) One-h is agricultural, lion to devote (III) It is n urban services the same term standard shall is provided or through a quas (2) (a) Tltt not be establisi annexing muni point with the I paragraph (a) t the nearest bot by use of any 1 indirectly coon (b) Becaus sought to be pt expressed in se any boundary i jurisdiction to I provisions of sc annexation. Juc inga plan in pl lion, in additiot not be, institut injunctive relic date of the ann (c) Contigu this subsection any way any nc Source: L, 7! 1218, § 1, effect Cross mlerenc, stitution. Am. Jur.2d. S Corporations, Ett C.J.S. See 62 lions, 146. 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 October 21, 1998 The City of QO 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" 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,. artin Orner, AICP Economic Development Specialist c: File ANX-98 4;} OW8-3: W,Z-98-16; WZ-98-17 (303) 234.5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235.2949 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 DATE: October 14, 1998 Ridge 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. 98-5/WZ 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? 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 en ouncr o ents' X Scientific and Cultural Facilities Dist. X Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. X Jeffco Health Department Jeffco Schools Jeffco Comtnissioners 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. Grr of Aev,461~ "The Carnation City" Schaal •~a="~~ A} ,IR ~m. IG ti - plat 80004; " ccaz~wax axrd~ ;~A = ema=err T~.~ slo `Ienale SL ptII~Y3-] > ' F Can' e '~ht I "a„; s s ILI • 12,00 w it SUBJECT o~=u =ra ..........II_ ROPERTI FS °I 802 J F- 1 i-~ IL o I ~ I I I I III I I i~ a t 17 ,,,,J.l•a ' ,y~~~' .h-~ ~ ~r ~ 38 i8y~ I"I I) li ~ ~ ••ii• c7• • i ~ ' ~t l ~ F~ e` Y it 3 " 7 yV ..D Orake if o C ,gp`~r , I~` Y i'y l7 tai V V Z)" Jr. High a]>ffi S~. school i 8' I f;Ca>•77 - C .2u Ii ;I to ( ~I 80033 70 Mt Olivet Cemetery, 0 W (t ►D ` € :a s - ,I i Clime x / 1um.av17 '~~•II~ 6 "ya' w a,1 Z 11 Dow neoo w 20 P o eet I• ,was « pi tt .l « rp ~ - CieQY-- ~I zcC X1 - -^m Wheat Ridl ~i i .PIRT2R. ~F!•ASh LJO ti = I ~ 01 ;"illfre .tci~ a Man ",r € l KW1 eretre00 I 100 EIe:ScnOOI l"I '2~~1•eI. I it ~!imIl'~rT6p •(R1 "n n« II !t 1 Ix~nm iI ,a^t~ li E 1ocA"t-,0N MAP N I O' WHEAT u m ~0, CRPCO Applicant J (Please print or type all Address Phone OF WHEgr Um ~C CRBCO City Owner em ioN*(T ANSO0-TA Address 160c> /olcE S>ecC~- Phone Q~S T2/~7` City~+ c) Z_ Location of request (address) 03 '4-/0 W" C) leo'4-0 Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Site development plan approval ❑ Special Use Permit ❑ Conditional Use Permit ❑ Temporary Use, Buildings, Signs ❑ Minor Subdivision (5 lots or less) ❑ Subdivision (More than 5 lots) ❑ Preliminary ❑ Final Detailed description of the ❑ Variance / Waiver ❑ Nonconforming use change ❑ Flood plain special exception ❑ Interpretation of Code ❑ Lot line Adjustment ❑ Planned Building Group ❑ Street Vacation © Other. ~NA/rx6r/and Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acre or square footage Current use: An/S Proposed use: U fi Ra N Assessors Parcel Number: 3 I certify that the information and exhibits 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 th sted action cann wfully be accomplished. Applicants other than owners must submit power-of ttorney t own hic approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this day of, 19 Notary Pub11c My commission expires? -Ay -219 Date received Planning and Development Department 7500 Nest 29th Avenue, Wheat Ridge. CO 80033 Phone '303) 235-2846 Receipt Related Case No. 102-?1- /Y' Zoning Case No. Quarter Section Map LAND USE CASE PROCESSING APPLICATION - O~ WHEAT ti p ~ o u 'Vm cwt Applicant (Please print or type all information) Address Phone u Ot~m City Owner /~LG/✓N~/ T.94w tYt Th7lonJ Address /~00 8l?kI6 ST2irLT 13 ~~„r !n Phone 299_ City LzNyf2 Yo7,0z- Location of request (address) Type of action requested (check one or more of the actions listed below which pertain to your request.) © Change of zone or zone conditions ❑ Site development plan approval ❑ Special Use Permit ❑ Conditional Use Permit ❑ Temporary Use, Buildings, Signs ❑ Minor Subdivision (5 lots or less) ❑ Subdivision (More than 5 lots) ❑ Preliminary ❑ Final ❑ Variance / Waiver ❑ Nonconforming use change ❑ Flood plain special exception ❑ Interpretation of Code ❑ Lot line Adjustment ❑ Planned Building Group ❑ Street Vacation ❑ Other: Detailed description of the request r' ~!~NanGE- 036 /L~ morn i~llr2vcS0J v v f I/~~Un/~' / ci y, o rr7is r2C~ Ort/£ Coe" .n V2 Ifr N" - N Fill out the following information to the best of your knowledge. Current Zoning: - ' No A - Z Size of Lot (a res/~or square footage): 0 c/L ~5 Current use: LUI if L i /0c-v o zTA '0-4 rae4 _ A"O _ 4,,OS Proposed use: vI crzrar/o Assessors Parcel Number: 3'7Zo z oo oo z 0o41, nr~< nne_ 7_ 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 re nested action can wfully be accomplished. Applicants other than owners must submit power-o ttorney~rgm t e own approved of this action on his behalf. Signature of Applica ~~hOxJ,t,c u sworn to me this LZ~-_ day ofjvl'~p , 19 Notary Publ c My commission expires-1. Ay-2LC~ Date received LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303'235-2846 Receipt No. Related Case No. &_yc5Y -5' Zoning Case No. Quarter Section Map V z i as ! ; !1Y! 1~• a = !A ! j Y l~ V i!. t 1~f(( ~-g. get g CO 0\ ajjj~ttisy~! A.ii l7e Y 11 `t d 1.~ aEa!3 Y1i Z } 7f1fi8~1~:~ iTi! 271 U F Eli t z Q~ 0 7 Lun p' a fall I ~ z u ll~j Grp %o~ srvu//~~, .,9Uot- ~ ~ ooz z (.J~~- W~~ `rd~. G Go33 3 j20-z oC) ooF ~~~T ~ d a/A, G ~G 3j 3 c1 Lo C> p ooc~ ~T~) . ~d V,- Cal: CA 3 2 oz oo o r~ /4,/ Y" g~ 575-6 Lue~1-4 c.v 3 z o z ov o r 3 ,orb, oel c/zo7FK Z-()Z_ ud 6l~' -75 3 c7- zvz o~ 0~9 Lz" cr-~-,~ ? qv o we4 Div r'-( Af-,- 372oz c3o0 J /2 SSv c,u~1 ~l~~{ 3 ~-z. v Z o ~o ~z Alv,:, zv/ o/ voZ~ f d - /.j z dalc , ~72o/ c~6 ode 3 2~/ o 00 7500 West 29th Avenue The City of Wheat ItidRe, Colorado 80033 Wheal MEMONNUM Telephone 303/ 235-2846 RidgB 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. 98-5/WZ 98-17 LOCATION: RTD Ward Road Park-And-Ride Facility (North of I-70, West of Ward Road, South of Kaiser Pemtanente Medical Center, East of Mt. Oliver Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-1(Commercial One) APPROXIMATE AREA: 8 acres 1. Are public facilities or services provided by your agency adequate io serve this development? Yee 2. Are service lines available to the development? JJ //CC 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? ~lts 5. Are speeifie easements needed on this. or any other document? AA 6. Are there any concerns or problems your agency has identified which would o hould affect appro of this request? D Please reply . .191 to: Martin Orner Completed by ~'r4 , Department of Planning & Development (Name, Agency/Dcp ment, Date 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 & Ree 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 Transporration Dist. X Denver Metro Major League Baseball Dist. "The Carnation City" r Fairmount Fire Protection District Protecting Lives And Property Since 1962 FAX TRANSMISSION FORM TOTAL NO. OF PAGES (INCLUDING COVER SHEET)--3T A755 Isobell Street . Golden. Colorado 80403 Phone (3031279-2928 . Fax (3031273-1252 DESIRE TO SERVE 0 ABILITY TO PERFORM • COURAGE TO ACT r. FROM :METROWRSTEWATER 303 286 3030 1998,11-18 7500 West 29th Avenue Tile City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge DATE: October 14, 1998 14:6S #00S P.02/03 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, November11998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: ANX. 98-5/WZ 98-17 LOCATION: RTD Ward Road Park-And-Ride Facility (North of I-70, West of Ward Road, South of Kaiser Permanence Medical Center, East of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C-((Commercial One) APPROXIMATE AREA: 8 acres 1. Are public facilities or services provided by your agency adequate to serve this development? *)V% I\I JA, 2. Are service lines available to the development? `l t•. 3. Do you have adequate capacities to service the development? y t s 4. Can and will your agency service this proposed development subject to your rules and regulations? F S S. Are specific easements needed on this or any other document? N O 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~J o i'1n~~ FI<tt Please reply to: Martin Omer 11ct" ^°rl :R QEdr piss, } Completed by: I t ft g ~Q a 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 Govemments X Scientific and Cultural Facilities Dist X Metro Wastewater Reclamation Dist X Jefferson County Planning Dept. "7he Carnation City" X Jeffco Health Department Jeffco Schools Jeffeo Conunissioners X TCJ 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 Deaver Metro Major League Baseball Dist FROM :METROWASTEWATER - ENG 303 286 3030 METRO WASTEWATER RECLAMATION DISTRICT 6450 York Street - Denver, Colorado 80229-7499 (303) 2863000 Telefax (303) 286-3030 (Please complete form in INK) DATE: _ ) ) ~ f - 1998,11-18 14:54 #008 P.01/03 Robert J. Wemer. Chairman of the Board Richard N. Walker, Chairman Pro Tern Martin E. Flahive, Seuetary John M. Dingees. Treasurer Robert W. Mile. Dielnct Manager DELIVERTO:\Q(~ c~ O(r~~,6 c ,1 Y o l COMPANY NAME: W Ku IfId~E TELEPHONE NO. :j G3 CITYISTATEIZIP: FAX NuM6ER:\~ -3$ °3 235-2~b5-7 FROM: _ \OC C ~~C> REGARDING (PROJECT/MATTER): Q n h F Xci I O r (Q R E S l J TOTAL NUMBER OF PAGES (including this page): 3 COMMENTS: N:IFORM5IFAXFORM-doo Serving Grearer Denver 11/11/96 WS USE RECYCLED PAPER VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX 424-0828 RE a'VED November 11, 1998 N~ 9 6'u Mr. Martin Orner 1 Planning and Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dear Martin: In reference to Case #ANX,98/4WZ 98-16, Kaiser Permanente, Ward Road Medical Center, Valley Water District has reviewed your request and offers the following comments: 1. Water mainlines are on site to serve the existing facility. Additional water mainlines and fire hydrants may be needed if additional development occurs on the property to meet Arvada Fire Protection District requirements. 2. Kaiser Permanente, Ward Road Medical Center facility is currently served by Valley Water. Additional development may require additional taps and service lines to serve the property. 3. Valley Water District currently has easements to serve the existing 12" water mainline on the property. Additional easements may be needed to serve future development on the property but are unknown at present time. 4. Please note that the "return by" date on your form was November 6, 1998, and we did not receive it in our office until November 11. We assume that the response date has been moved to November 18, similar to the RTD Park and Ride inquiry. Should you have any questions, please contact me. Sincerely, 4 2 WAIC_14 4 Robert L. Arnold District Manager 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge XEIVED <UY 1 11998 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. 984/WZ 9&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-I(Commercial One) APPROXIMATE AREA: -32 acres 1. Are public facilities or services provided by your agency adequate to serve this development? Water mainlines are on site too finer eAiua l reego?q[aon Ddst the u remetyi cants may be needed for addl. develop- tl. Are service roes avatla a to a evelopmen . aise ermanenfe is currently served by Valley Water. Additional taps and service lines may be needed for additional development of the property. 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. Valley Water currently has an easement for the 12" water main on the property. Addl, easements may be needed for further devqopmen,kregtertgfty KtQc$MVproblems your agency has identified which would or should affect approval of this request? Not at present v ~t Please reply to: Martin Omer Completed by: Department of Planning & Development (Name, Agency/Department, Date) 1h C6ee,~ 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. "The Carnation City" 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, K thleen M. Kadnuck District Office Manager MEMORANDUM TO: Alan White, Director of Planning and Development FROM: Bob Goebel, Director of Public Works SUBJECT: Proposed Annexations along Ward Road 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. MEMORANDUM Approved Date TO: Martin Orner, Plannine and Development FROM: Gary Wardle, Director of Parks & Recreation 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. A ::221995 5 M1 vaua F. W. r 1a .I y ral,•J JVJ 4J1 JJVJ ULL LJ JO 1V•JV I.VL 7500, West 29th Avenue Telephone 303/ 235-2846 DATE: October 14, 1998 Ridge The Wheat Midge 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 dtis 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-SIWZ 98-17 LOCATION: RTD Ward Road Park-And-Ride Facility (North of 1-70, 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-1 (Commercial Oac) APPROXIMATE AREA: 8 acres 1. Are public facilities or services provided by your agency adequate to serve this development? ~la 2. Are service lines available to the development? N I PC 3. Do you have adequate capacities to set-vice the development? / 4. Can and will your agency service this proposed development subject to your rules and regulations? r 5. Are specific easements needed on this or any other document? V / & 6. Are there any concems or problems your agency has identified which would or should affect approval of this request? Please reply to: Martin Omer Complctcd by: 2J Depament of Planning & Development (Na eficy/Departmetiy Date) DISTRIBUTION: X Water District (Valley) X Sanitation District(Fruitdale) X Fire District (Fa' t) X Adjacent City . rvada 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 Wavwwawr Reclamation Dist. X Jefferson County Planning Dept X X X X X X X X X X X X The City of Jcffco HcalthJ*pa= Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept WHEAT RIDGE Park & Rec 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„ Hrvada r. w -running Fax : 9-303-431-3969 Oct 29 '98 16 : 50 P.01 ARVADA PLANNING DEPARTMENT FAX OUR FAIL NUMBER 130314MO60 10 (2,q I TO: G FAX # L4:QT5S-,2557 FROM: PRONE SUBJECT: NHS iW of Shoots wau~s rou~x sir IF YOU HAVE TROUBLE WITH THIS TRANSAIISSHOI PLEASE W =1431-mo MEMORANDUM 11 Approved Date DEPARTNONT OF PUBLIC WORKS TO: Martin Omer, Economic Development Coordin r FROM: Greg Knudson, Development Review Engineer DATE: October 21, 1998 SUBJECT: ANX 98-5/WZ 98-17, RTD Park-and-Ride @ I-70 & 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. 98-7, is in the process of being prepared and reviewed by John McGuire, P.L.S. 4. The Traffic Division has reviewed this referral, and has 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 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 Total Calls for Service 44 Partial Breakdown of Calls Motor Vehicle Theft 2 Theft 1 1' Degree. Crim Tres. 2 Suspicious Veh 7 Criminal Mischief 2 Traffic Enforcement 14 Citizen Assist 5 1998 (January through April) Total Calls for Service 7 Partial Breakdown of Calls 1s` Degree Crim. Tres. 1 Recov. Stolen Veh 1 Found Property 1 Traffic Enforcement 2 Suspicious Veh 2 KAISER MEDICAL CENTER - Ward Rd. 1997 Total Calls for Service Partial Breakdown of Calls First Aid 1 Assist Fire Dept 4 Traffic Enforcement 5 Citizen Assist 3 Harassment 1 Unwanted party 1 Domestic Violence 1 29 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 April 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 :i i• ~~II ~y , i U ~3 6 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. 98-5/WZ 98-17 LOCATION: RTD Ward Road Park-And-Ride Facility (North of I-70, West of Ward Road, South of Kaiser Permarente Medical Center, East of Mt. Olivet Cemetery) REQUESTED ACTION: Annexation into the City of Wheat Ridge, and zoning of the property to C- I (Commercial One) APPROXIMATE AREA: 8 acres 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. Regional Transportation Dist. X Denver Metro Major League Baseball Dist. "The Carnation City" City of Wheat Ridge Planning and Development Department Memorandum TO: Bob Goebel, Public Works Director Jack Hurst, C^hni`e`f\ of Police GNv ryL 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`s 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 City of Wheat Ridge Planning and Development Department Memorandum 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 s 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 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER L SUITE 1000 11515 ARAPAHOE STREET i DENVER, COLORADO 80202 TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 GERALD E. DAHL DIRECT DIAL (303) 376-5019 email: gdahl@gorsuch.com A September 17, 1998 fRECEIVED SEP 2 11998 Roger C. Kane Associate General Counsel Regional Transportation District 1600 Blake Street Denver, Colorado 80202-1399 Re: Annexation Petition, RTD Ward Road Park-n-Ride into City of Wheat Ridge, Colorado Dear Mr. Kane: Enclosed is the Annexation Petition which I have amended pursuant to your September 18, 1998, letter. Sincerely, Enclosure cce: Martin Orner, Wheat Ridge GED\53027\296927.01 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Regional Transportation District Ward Road Park and Ride The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation Act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: Regional Transportation District Ward Road Park and Ride: Exhibit A attached hereto and incorporated hereby 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. GED\53027\296919.01 E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. I. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. ' A written legal description of the boundaries for the area proposed to be annexed; B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article H, 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. z 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 as may be otherwise provided in the Regional Transportation District Act, Section 32-9-101, et seq., C.R.S., other applicable legislation, and the Constitution of the State of Colorado. 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 it 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. REGIONAL TRANSPORTATION DISTRICT Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned Exhibit A (attached) 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 County of ss. The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , 199, by My Commission expires: Notary Public (SEAL) 3 ShF-21-Vb NUN U3:51 FM UUKSUUtl KINU16 LLY tM NU dUddlbbUUl r, Ut GORSUCH KIRGIS LLP ATTORNEYS AT LAW Tower I, Suite 1000, 1515 Arapahoe Street, Denver, CO 80202 e-maii:gdahl@gorsuch.com Telephone: (303) 376-5000 Direct: 303-376-5019 Telecopy: (303) 376-5001 TO: Martin Omer City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 FROM. Gerald E. Dahl DATE: September 21, 19 - RE: City of Wheat Ridge MESSAGE: Attached is the September 16, 1998, letter from Roger Kane of RTD regarding the Petition for Annexation. The only change is to paragraph 7, which was replaced with the language requested in Mr. Kane's letter. No. of pages to follow: 2 CLIENT: Wheat Ridge Telecopy No. 303-235-2857 File No: 53027 Confirm No. 303-235-2854 CONFIDENTIALITY NOTICE: The information contained in this tslecopier message is confidential information intended only for the use of the individual or entity named above- If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. FOR ASSISTANCE, CALL (30$) 376-5141 S@N-"ll-ytS WN US:bl I'M GUKSUUH K1KG1S LLF 'itNl 63':Xerox Telecopier 7020 F 9-16-98 111:04AM -0 S Trat "aftatl0n Dlsbkl tember 16, 1998 aid Dahl, Esq. such Kirgis, LLC 7 Arapaho St. for 1, Suite 6000 ver, CO (303) 376-$001 hHX NU. SUSS(bbUUl 1600 Blake Sheet oarwer, colora& som-tsee 26W62940oa Y. UL 303 376 50018 2 Annexation Petition, RTD Ward Road Park-n-Ride into City of Wheat Ridge, Mr. Dahl: Thanks for your telephone message of this morning. Because of RTD's 1s an a tax exempt politiest subdivision of the State of Colorado {sec Section 1-101 at seq. C.R.S. in general and Section 32-9.156 C.R.S. in particular), I l prepared a proposed new paragraph seven to the Petition for Annexation. The ctive Is to prevent anything in the annexation process from altering the status between the two governmental entities. Since the tax-exempt nature of RTD is fired in the RTD Act, the new language should cover that Issue, as well as any The proposed now paragraph seven is provided in (ta entirety on the id sheet. Please let me know if you think that this proposal is not riate, My telephone number is (303) 299-2209. My fax number is (303) (17. Thanks again. Sincerely, Roger C. Kane Associate General Counsel Susan Altes wn E041 OpporlUMV / Mnktbe Action Employar 00/16/08 WED 11:04 (TX/RX NO 71531 S,"N-21-U8 MUN Ub1 FM UUKSUUH K1Kli1S LLf FHX NU. SUJJIMUU1 r U11 SY:Xerox 7eleoopier 7020 ; 9-16-99 ;11;05Ab1 ; 303 378 5001;# 3 71/'~Thatlupon the Armexation Ordinance becoming effective, all lands within the area sought to be ana ed hall become subject to the ordinances, resolutions, rules and regulations of the City of Wh t Ridge, except as may be otherwise provided in the Regional Transportation District Act, Sec n 32-4-101 et seq., C.R.S., other applicable legislation, and the Constitution of the State of ca 9d,. 09/16/98 WED 11:04 [Tx/rax NO 71631 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE. CO 80215-6713 (303) 234-59CO City Admin. Fax # 234-5924 August 25, 1998 Police Dept. Fax # 235-2949 Susan Altes Regional Transportation District Property Management Division 1600 Blake Street Denver, CO 80202 Wheat 'Ridge Subject: Annexation; RTD Park and Ride Ward Road facility Dear Ms. Altes: Enclosed please find the Petition for Annexation which we have prepared in order to initiate the formal annexation procedure of the RTD Park and Ride 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. Sincerely, Martin Omer, AICP Economic Development Specialist c: Bob Middaugh, City Manager / Alan White, Director of Planning and Development 4/ Bob Goebel, Public Works Director jr, RECYCLED PAPER N 9 of d~ 1 1 1 1 0 z r y O y O V1 H I H WHEAT RIDGE ANNEXATION #10 R.T.D. Park and Ride A Cleo[ or parcel of land No. IA Of Me Slate li={n+'G nG of Ni[hweyz. Division of Highways. State of Wlorado, projedt Me. I 70-](116); OI ]0-2(1211 containing 166,647 sq. ft., more or less, I& Me NV 1/4 of Section 20, Tounahip 2 South, Range 69 Nest, of Me Sixth principal Meridian. In Jeffsnon Canty, Caloseso, said treat or parOAL being more prti.l.rl, deecribN As re,,w,: 8sliming at A paint from Mich Me N'1/4 comer of Said Section 20 beer, N. 27' 45' 45' E., a distama of 1,402.8 fast: 1. Theme N. 74' SO- 00' X., a distance of 625.2 feet to Me westerly right Of wy line of S.H. No. 72 (Veld Road) (AUfu.t 1901): 2. Theme S. 00' 00' 15' E., Along Amid we,terl, light of xey line a dim.. of 214.0 feet to the northerly light of way line of S.H. No. 70 (A sst 19811: 3. Theme S. 64' 20' 20' v„ al." Amid northerly right of way . line, a a... of 468.8 feet; - 4. Theme S. 66' 08' 15' V„ eontimisv slang said mrnerly right of way line, . diatame Of 197.9 feet; S. Thence N. 00' 00' 15" R., . distance of 222.4 Last, acre or lees, to Me point of beginning. Tha mvA dgaerlbed panel contains 166.647 sq. p:., more or less And was acquired by Me [renter on February 2, 1982 iMI reeetded March 1, 1902 At Reception No. 82015112 of no Jeffdrson Canty reeasds. A tract or portal Of I" Me. 2 of tint State bperbznc of Nlghuays, Division .Of Hig1Az,., State of Colorado, Projent No. I 70-2(116). OI TO-2(121) containing 116.524 sq. ft., m mro or leas, in Me W 1/4 of Section 20, Tanshlp 2 South, RAnee 69 Ilea[, of Me SIAM Principal Meridian, in Jefferson County, fnlorado. t~Ore ern nnnly known as 4625 Vnrd Roed, Meet Ridge, Colorado, geld erect or parcel being more perticolaely demribed Am fellows: Beginning At the center of mid Section Z0; thence ~NerM elm[ Me Fast line of Me w 1/2 of said Section 20, A d3a.., of 1,577.6 feet; theme South at An axle of 74' 50' 00' Vest, a d1,tsme of 51.8 feat to Me true point of beginning. 1. Theme oontinu/n, South 74' SO. 00' net, A M.tam of 299.6 feet; 2. Them North And parallel in Me Rest line of Ma V 1/2 of said Section 20, a distams of 200.0 feet; 2. Theme South 74' 50' Do' Vest And parallel to tha South line of Me tract hereby oneveyed, a Liatame of 225.1 feet; 4. Theme North Ad parallel win Me East line of he w In of said Section 20, a distance of Io0.0 fast; - 5. Theme North A' 50' 00' Eeet And parallel with Me SAM line of Me trace hereby conveyed, a di,tama of 480.48 feet; I 6. Theme SAM nsd pmr.11.1 in the East line of the Nest 1/2 of .aid Section 20, a diata,ce of 150.0 feet; 7. Them'Norn 74' S0' DO- pmt And parallel Mith Me S.M line of Me tract hereby twneyed, a di.tam'ef 144.8 fast; I 8. Thence South And parallel win the Eaat line of Me Vest 1/2 1 or maid Section 20, A dintax:e or 150.0 reef, mole or lemur, in the Tae point or swim),{. The whose described metal contains 116,524 .quart felt. more less ad wog Anveyed to Me [renter on Fel.ruan 4, 1982 aA recorded, Febsuan 22. 1982 at Reception No. 82011479 of Me Jefferson Caatty reeorda. AND A treat or parcel of YA d No. 2 of Me State' Dewtmont o1 Ruh, .1 ion of Hl[hus,A. state of Celnrado. project Nos. I 70-0(1161 and Ol 70-0(121) eontainlna 21,Tao sq• ft., more or less. In the W IH of Section 20, Tn.mehip 2 south. Range 69 Vest, of the SIAM Pelmipal Meridian, In Jefferson Canty, Colorado, rore Otananly Imam As 4609 Veld Rood, Meet Ridge. Colorado, Amid tractor Imrtel. being more portlcul.rly described as follow.: C Anojne at • 'let which I. 451.4 feet 5. 74' S0. 00- V., from A palm which I. 1,577.6 feet North of center Of said Section 20, ""As Memo S. 74' SO' 00' R., A di.tarce of 225.7 feet; thence North, parallel vith the east It.. of the Inf 114 of veld Section 20, e dlstame or 100 feet; theme N. 74' SO' DO' E., A di.tame of 225.7 feet; thence SAM, parallel. with Me Seat line of Me W 1/4 of Section 20, a distaca of 100 feet b Me point of he[inlIM. The above described parcel contains 21.7go A,. ft., more or less ad w cenv-yed to the granter on September 12, 1982 And ecoNed September 20, 1982 et Reception Na. 82094022 of On Jeffer.- Co,mty records. AM A tract or panel of lard No. 5 Of no State Deportment of Highways, Division of Highway., Stet, of Colored., project Nos. 1 70-2(116), O2 70-3 (1211 eontainin, 21,784 ,qu.re feet, more or leas, in the w 1/4 of Section 20, Tw Aip 2 South, Ran e 69 Vest, of Me Sixth pl'nei al MArldIAn In Jeffers- Canty. ColorMn, morrm,a.1, knnwn ss 4605 Veld Rossi, Meat Ridge, Colorado, amid tract or panel being more partlmlarly destribel Am folla.e: [Ining at m pint Mleh 1, 451.4 feet Rosin At An Angle of T4' 50. 00 PoVest from a point let 1. on the East line of the Vest In or .mid Section 20, And 1,677.6 feet North Of the center of hid Section 20; lance SAU 71' 50• Do' Vent, A dietenee of 225.7 feet; theme North And parallel in Me Eat line of Amid 9eetlon 20, A di,teme of 100 feet; Memo North 74' S0. 00' Est. A distance of 225.7 feet; theme Scun 100 rase to Me point or beginhAna. - Tim above described parcel omtalne 21,164 ."re feet, more lens a,d .ass ae i,eal by Me Lrantor on February 2, 1982 and recorded f h 1, 1982 at Reception Vs. 82013112 of Me Jefferson Panty record=. ALSO A trecc or lmmel of lard Ne. SE-IA of Me State 0ep.r4vene of HI[)AwAye. Division of Highweya, State of Colorado, p jmt NO. 1 70-21116), QI 70-5(121) eentalning 2,286 square feet, more or lees, in Me NR 1/4 of Section 20, T..hip 2 SAN, panne 69 Reet. of Me I 31xM principal Meridian in Jef(ervon.Camty, Colorado, veld [sect or portal is l" more particVd.el, devcribd As (olla,A: Be"'i" At . pint from ohleh Me N 1/4 Amer of said Section 20 beers N. 27' 45' 45' E., a dl,tame of 1.402.8 feet: 1. Theme S. 00' 00' IS- E., . distance of 220.0 feet; 2. Them S. 89' 591 45' R., . dtseame of 10.0 feet; 2. Theme N. DO' 00' 15' R., A distance of 227.2 feet; 4. Theme N. 74' 50' 00' E., A dl,teme of I0.1 feet. more or log, M Me point of beeimLig. Th..IxrvA described Slope Sm,neene Ornstein, 2,286 equal. fees. I'-- Ard I. for Me poyo.e or en,nts.ction And Waring more protection of slope.. The above described elope easement w acquired by Me n (ntar i=bran 2, 1982 Ad receded hopes 1, 1982 At Reception No. 82013115 Of the.Je(fenon Canty remord,. The transfer or Me proyrtr rlllta described herein Aharl r art to Me grantor should Me grantee cease to me said property u Park-N-Ride or for nags transit pnposes.This possibility of -.rte, shell Ant keep Me grantee from eAtnll., Into Joint develniment agree. tm 0n the herein denerite,d property. .n long no grantee retain. ew,,.hip of Us sedeelying fee And continue. M use the herein deac,n sl property primarily for Park-N-Ride or ametransit p,n7+oees. ° In Me event Me herein described property I. ever Bold, In Mote or I. felt relent (80xin beinggive. to sthe ale sU,,on Mlvldld~,,Ation a'einlstretim or the United State DeWoment or Tsamportatlm. end Ve remaining twenty pe cent (20%) being equally shared Among Me grantor and the grantee their a governmental neming. Subject M any easement. And right. Of way of remld. This Deed is given to mrrect Me description of portal No. J Page 2 used In a previous Deed between the porting hereto, dated March 27, 1989 And recglded on May 2, 1909, at Reception Number 09027722 of Me record, I. Me office of Me Clerk end Recorder of Jeffenon G ty, apeclrionli, to reviAe the third line of the sAooAI paragraph of aid pmel demri,ti- from '-I" theme S. 70 $0' 00" R., e dl-tame of 255.7 feet: Nance' to 'nnning theme S. 74' S0' 00' R., e distame of 225.7 feet; theme'. CONTIGUOUS CITY BOUNDARY 2,552.281 perimeter boundary 514' contiguous 20% contiguous ~ZT NHEAfi DGE AKKEXATONJ MAP NO b 96-7 lA race tA.F~ i VICINITY MAP N RTH ,.-too, xwvVt ar xEPT. Ylft ~fOldi,"~~~r vAaa ~ s "wwr- aL4 vNa vt~. s a ¢{,I(NN, mAtOCO6rA11au waimcr vvass I~ s sbN. RIIDrIW rb. CpaTT-] flaw. t3at tGl.! PIA$ \ PA U a A PORTION OF THE NW 114 OF 5ECT10N 20 AND THE 5W 1/4 OF SECTION 17 TOWN5HIP 3 5OUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFER50N, 5TATE OF COLORADO CASE No. - ORDINANCE NO. .w Is ZN bt41t i;WIm0 N. LEGEND: PgoPetlr lJE BEAT RT2 a0lLNYY OlN"tt3l tt0H1! I rndq ] SuAR B+P to YJId d Xu bIb viaVd McidT. 1I..x. s a la' Ir a dIa n..de w fry a w. uPII~d vt d Srlfn a nblIW.1M saT b't6'XldYeud WWI. s ft MaT. Pit d Cy.iq. ilw. a N' ]I' M' X a Jdmu d b1a~1 NY, ilw.]0•n'IZ 6a tl]9i.%taN'2560YX dNmudI"]b Md. 6 W IV IS 17 IZ6 d a w TlsvN V!b .a41wdNFbd. t W IS la W Yl6. dYaud WW bd1Nw Nby ST IV * tl141A]M4. bd 11w. 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A t R. a : I Y ~ 1 ~ 9 ( tt I i d ~J _ (S-1~lRI J=+t~ JSJli 4 Ei Jf e ls;e ie ej;= I,JCiJ6i e! 0 ~~~it Legal Description: beginning at the Northeast corner of the N.W. 1/4 of Section 20, Township 3 South, Range 69 West of the 6th Principal Meridian. Thence 5 0° 15 12' E along the said East line of the Northwest 1/4 of Section 20 a distance of 777.69 feet. Thence 5 89° 44'48' W a distance of 50 feet to the True Point of Beginning. Thence 5 74° 34' 45' W a distance of 625.31 feet. Thence 5 0° 15' 12" E a distance of 299.97 feet. Thence 5 74° 35' 03" W a distance of 10.36 feet. Thence 5 0° 15' 12' E a distance of 227.30 feet. Thence N 89° 44' 48" E a distance of 9.96 feet. Thence 50° 15' 12' E a distance of 103.65 feet. Thence N 65° 53' 16' E a distance of 192.47 feet. Thence N 64° 05' 35 E a distance of 474.30 feet. Thence N 0° 15' 12' W a distance of 514.03 feet to the True Point of Beginning. THE TOTAL AREA OF THI5 PARCEL 15 8.036 ACRES THE TOTAL PERIMETER OF THI5 PARCEL 15 2457.35 FEET THE TOTAL LENGTH OF THI5 PERIMETER THAT 15 CONTIGUOUS WITH THE CITY OF WHEAT RIDGE 15 1806.1 I FEET THI5 BOUNDARY 15 73.50% CONTIGUOUS WITH THE CITY OF WHEAT RIDGE THE BEARING5 DEPICTED ON THI5 MAP ARE RELATIVE TO ONE ANOTHER AND ARE BASED ON THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 20 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN WHICH BEARS N 0° 15' 12° W \\Enginent\DRAWINGS\JDHN\RTDAnnex98-7.dwg Tue Sep 15 07:45 1998 ~ d~.lG y O ZN -4 O N WOUN-1o 03 S N 3' lP p 0 co o 0 3 O 0 co a W co 3 N S 3 W -0 Z co co p co m W-~0 so WC, co o m~~~rn WO m SO ~-D,~Q ccoo ~ N? z co am W W m = 0 m o 0 R, ~o mY s'~fl°s coo n 0o J0 Co .0m m aS, - J° CO N O,o R N 3 -Q3JST Co 3 N tJ .fl.~W ~O o ~►Z~ 3 7 D, co lS m 3. ~ • N co U3 (330LF0 00,3p i° m~ fl o- - o O o 3 co V' L)' s3-o . cri 3 ~U)QO co co -S N o tJ m (N tp Z 1nMm0 U\tPo 3 O 5;7 IJ S . co C :3- 1'`fl:o D- 7- O S a3 0 ID pZ3'~P Q , A tPo Oo rtO? _ca ~rt3m N-(PN-1~0 ~t~JNJ3 n N pQ 03 o O(• rto 0 3 N O_ J 1 c0 fl 3 C) N c O co U\ 3 c% Q (of N N J C% O O m T m (WP 3 cno O W r ~ ~ ~ ~ ~ ~oGGocJS Q co N C% -Q O 3 PROJECT: DESCRIPTION: FILE: C:\PCW\RTDANX.CGO UNITS: U.S. SURVEY FOOT Tuesday, September 15,1998 8:40 AM PAGE 1 ProCogo for Windows Version 2.0 Oct. 6, 1995 Copyright(C) 1994, 1995 Sarasota Computer Associates, Inc. All Rights Reserved Open Cogo File File Name: C:\PCW\RTDANX.CGO Size: 110 Created: 09-15-1998 Last Edited: 09-15-1998 Project No.: Description: INSTRUMENT SETUP Instrument point: 1 20527.5963 21910.3656 Backsight point: 3 17885.2848 21922.0492 Backsight Bearing: S 00°15'12.0" E Distance: 2642.337 Remarks: TRAV 1 4 S 00°15'12.0" E 777.690 19749.9139 21913.8041 TRAV 4 5 S 89°44'48.0" W 50.000 19749.6928 21863.8046 INSTRUMENT SETUP Instrument point: 5 19749.6928 21863.8046 Backsight point: 4 19749.9139 21913.8041 Backsight Bearing: N 89°44'48.0" E Distance: 50.000 Remarks: TYPE FROM TO DIRECTIO TRAV 5 6 S 74°34'48.0" W TRAV 6 7 S 00°15'12.0" E TRAV 7 8 S 74°35'03.0" W TRAV 8 9 S 00°15'12.0" E TRAY 9 10 N 89°44'48.0" E TRAV 10 11 S 00°15'12.0" E N DISTANCE NORTHING EASTING - 625.310 19583.4275 21261.0041 299.970 19283.4604 21262.3305 10.360 19280.7065 21252.3432 227.300 19053.4087 21253.3482 9.960 19053.4528 21263.3081 103.650 18949.8038 21263.7664 PROJECT: Tuesday, September 15,1998 DESCRIPTION: 8:40 AM FILE: C:1PCVARTDANX.CGO PAGE 2 UNITS: U.S. SURVEY FOOT TRAV 11 12 N 65°53'18.0" E 192.470 19028.4309 21439.4436 TRAV 12 13 N 64°05'33.0" E 474.300 19235.6619 21866.0767 TRAV 13 14 N 00°15'12.0" W 514.030 19749.6868 21863.8039 Closure Closing line: N 06°48'11.1" E 0.006 from 14 to 5 Latitude (N):0.006 Perimeter: 2457.350 Departure (E): 0.001 Error of Closure: 1:407302 Area: 350040.024 Square feet 8.0358 Acres Area and Perimeter have been reset. aF wHegr LAND USE CASE PROCESSING APPLICATION aF WnEgT Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 ~O~aRpO~ Phone(303)235-2846 °pc oRnoo (Please print or type all information) Applicant i2. Address Phone City Owner O`Gfo^«('-reAv.V0' TATia.J Address /60p elAkE5 S'-e4=CT' Phone -21 O Qr572r~r, city 6n eo'ao--- Location of request (address) "°f27h1 w S: C3RAjc..E cv- 2NTl S~ a~- ;10 AIVO WA'&'' 2o41'~ 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 NrVrK9T/~~ ❑ Preliminary ❑ Final © Other: Detailed description of the request: Qc4-~S' To A114 Y, 03 6~ ,e4'5; v i owe . l 7m-'~-: Crr 0 wrr~aa 2ioc v Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acre or square footage): `03(o eL5 Current use: An~S/~21~ nowt - ra-4t ~T Proposed use: ( /rL 'F~aw~ps>~T'1 Fro 1 -Carr®° r0~ cr/r Assessors Parcel Number: 3 Z- 0 Zoo c~,c73 06 c70 oo(m rho 3 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 sted action cann ,fully be accomplished. Applicants other than owners must submit power-of ttorney ro t ,own hic approved of this action on his behalf. Signature of Applican C2 ;ie V Subscribed and sworn to me this ~ day of , 19 Notary Public My commission expires7'-Ay'GCA Date received 10 / 2 Receipt No. Case No. rI X 4/7- lot) Related Case No. 102--W-f y' Zoning Quarter Section Map o, ,N qrP LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 west 29th Avenue, Wheat Ridge. CO 80033 Phone 203) 235-2546 , (Please print or type all information) Applicant RTD Address 1600 Blake Street Phone 299-2440 City Denver. CO 80202 Owner Same Address Phone City Location of request (address) T-70 and Ward Road 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: AnnAxation Detailed description of the request: Request to annex 8.03 6 acres on unincorporated area into City of Wheat Ridge and zone property to City of Wh eat Ridge Commercial-One (C-1) with specific restrictionsto be determined. Fill out the following information to the best of your knowledge. Current Zoning: C-1• A-2• PD Size of Lot (acres or square footage): 8.0.16 arrps Current use: Public transportation park-and-ride facility. Proposed use: Same Assessors Parcel Number: 39-202-00-06 - 0 1 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 re ted action cannot lawfully be acc mp hed. Applicants other than owners must submit power-of-atto rom the ch approve s action on his behalf. Signature of Applican Z;e W..Marsella, Generalmanager 9 Subscribed rid sworn to me this day of , 19 ! ~f ~ • 1 ua~ ~.~Cz-Ci Notary PublieMy Commission Expires 07/13/2C 3 My commission expires Date received Receipt No. Case No. Related Case No. Zoning Quarter Section Map v o -o n > > N CD m O- O D W N ID ~ p -o a s<< - d o='0 D r- ID O r Z N C~ o l Zo 7o 0 m N tD R , < < m A N w °i p Co n U) D y O p C O W O O N a - 3 7 W. O fD O. N O. O. Z O. o W ID DI 1 ID 'G N O N O y y 3 y Z O m o N n n v_ z n 0:~ s~ N < A n W C) 7 W C) v O to r•' O O O V - O 00 C) O O N d O W 7 rn _ O D C O Q 1 O N O -n C 7 7 O O 0 O d A a 0 S W C7 `G O C~ S N M a m z O N N