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HomeMy WebLinkAboutMS-01-03GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1, SUITE 1000 1 1515 ARAPAHOE STREET i DENVER, COLORADO 80202 1 TELEPHONE (303) 376-5000 FACSIMILE (303) 376-5001 GERALD E. DAHL DIRECT DIAL (303) 376-5019 email: gdahl@gorsuch.com February 7, 2003 Daniel F. Schneider, P.E. Z` pE v ID Manager I~ KSD Properties, LLC G4 3866 Union Court Wheat Ridge, CO 80033 Q Re: Applewood Preserve Subdivision Filing No. 2 f Dear Mr. Schneider: I am in receipt of a copy of your January 28, 2003 letter to the Wheat Ridge Planning Commission, requesting amendment of Plat Condition No. 3 for the referenced subdivision. I must tell you that the Commission may act to change its decision only during the same meeting, or its next regular meeting. That time period has now expired, and the Planning Commission's action on the application is final. An amendment to the plat would not address the underlying issue. In this circumstance, the hydrology of the property is such that use of off-site subsurface and surface drainage and detention will be required. This fact results in your continuing to need permission for this use from the adjacent property owner. Such permission cannot be obtained via a plat amendment. Your dialogue must continue to be with the owner of Filing No. 1, not the City. The City staff and I remain available to host a mediation session or sessions with you and the Lou-Mar principals to assist in resolving this dispute. Please contact me if you wish this assistance. Sincerely, GO KIRGIS LLP 1 7 Gerald E. Dahl GED/wfc cc: AIan=Whites Planning Commission GED\53027\434131.01 ATTORNEYS AT LAW TowEEL 1, SUITE 1000 3 1515 ARAPAHOE STREET t DENVER. COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 email: gdahl@gorsuch.com February 7, 2003 Daniel F. Schneider, P.E. Manager KSD Properties, LLC 3866 Union Court Wheat Ridge, CO 80033 Re: Applewood Preserve Subdivision Filing No. 2 Dear Mr. Schneider: I am in receipt of a copy of your January 28, 2003 letter to the Wheat Ridge Planning Commission, requesting amendment of Plat Condition No. 3 for the referenced subdivision. I must tell you that the Commission may act to change its decision only during the same meeting, or its next regular meeting. That time period has now expired, and the Planning Commission's action on the application is final. The City staff and I remain available to host a mediation session or sessions with you and the Lou-Mar principals to assist in resolving this dispute. Please contact me if you wish this assistance. 1� GO _KIRGIS LIT 7 " e '. Get E. Dahl GED/wfc cc: Alan White (U)'53027\43413 1.01 January 31, 2003 Daniel Schneider, KSD Properties 3866 union Ct. Wheat Ridge, CO 80033 Dear Mr. Schneider: As a Planning Commission member, I have received your letter of January 28th requesting reconsideration of one condition placed on your three-lot subdivision. Because you refer not only to Planning Commission intent in your letter, but also specific reference to my intent, I feel I should answer and clarify several issues: 1. My primary intent was that you pay half of the cost of the portion of Iris Court abutting your three lots. The condition for this was approved, then removed by the Commission. 2- My "intent", expressed in Condition #3, was to cover the usual situation where all lots have been sold, the original developer no longer has an interest in the community and there are subdivision features requiring maintenance. The intent of this provision was to ensure that the City of Wheat Ridge is not left with responsibilities properly attributable to the homeowners association, i.e., that homeowner's association dues bear the expense of the maintenance. 3. However, your letter, with the words "that's it", implies that my intent and that of the Commission was that you not have any obligation toward the construction of the drainage structure, just the maintenance. That is not the case. As your own attachments indicate, there was a verbal agreement between you and your brother, the developer of the adjacent subdivision, that the detention pond could be shared. Commission members did not and do not know what construction cost sharing, if any, was agreed between the parties. It is unfortunate that you and your brother have come to a disagreement on this issue, that the verbal agreement was never put in writing and the property is now owned by another entity never a party to the verbal understanding. 4. The Planning Commission cannot `reconsider" a subdivision plat except at the first meeting after the hearing. You will have to consult with Director Alan White or City Attorney Dahl on whether you can apply for a subdivision amendment and whether such amendment, even if granted, could allow you to use the adjacent drainage pond and access to it without permission from the owner of Filing #1. Meanwhile, I suggest you accept the city's offer of mediation to settle the dispute. Sincerely, Nancy R. Snow Cc: Alan White, Jerry Dahl, Tim Paranto, Planning Commission Members ZO'd 6Z:bT £0. T£ opf 0£8Zb6820£:XPd 03 30 31UIS GN33 January 28, 2003 ll r" Planning Commission 'An City of Wheat Ridge 7500 West 29' Avenue Wheat Ridge, Colorado 80033 Subject: Consideration of Amendment of Plat Condition #3 Applewood Preserve Subdivision #2, Wheat Ridge Colorado To the Planning Commission, On November 15, 2002, the planning commission approved a minor 3-lot subdivision referred to as "Applewood Preserve Subdivision, Filing #2" with certain conditions which I have attached for your convenience (attachment A). One of the conditions, which was originally proposed by the planning commission (item #7) was removed upon review by the City Attorney as not appropriate given the authority and recovery mechanisms currently in operation at the City (see correspondence dated December 15, 2001). The issue I am asking you to consider at this time is amending item 0. I represented the owner of the property when it was originally platted, Juri Scott. It is my opinion that the intent of the planning commission at the time of subdivision approval was to ensure that the maintenance of the drainage pond in the adjacent subdivision (Filing #1) was shared by Applewood Filing #2 lot/homewoners. The City of Wheat Ridge acknowledges that the developer of Filing #1 was responsible for all improvements without any form of cost recovery from any future development that utilized Filing #1's improvements, including the stormwater detention pond (attachment B, I" bullet). This agreement that was verified prior to the approval of Filina #1. Staff was aware of it and also verified its existence. However, neither the previous owner nor the current owner of Filing #1 is willing to allow us to share in the annual maintenance cost of the pond. I have tried on several occasion to offer this financial assistance and Lou-Mar has refused. In an effort to avert any maintenance issues related to Filing #1's pond, the lot owners of Filing #2 hired the same drainage engineer as Filing #1 and had him design their own detention pond to detain and release water from their 3 lots at the historic rate to the curb. Our design, while technically adequate, was turned down by Public Works because they said we already had an approved design which was to use Filing #1 facilities when constructed. We spent over $3,000.00 on this design which we intend to recover from Lou-Mar. As a matter of public record, Lou-Mar Entities purchased Applewood Preserve Filing #1 in April, 2002 and entered into a Subdivision Improvement Agreement with the City of Wheat Ridge to install and pay for all development costs associated with the development of Applewood Preserve Filing #1. In that agreement Lou-Mar Entities agree that: All storm sewer lines, drainage structures, paved streets, including curb, gutter, sidewalk, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the Public Improvements" or "Improvements" as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the timeframes set forth on exhibit C. (from section 6 Public Improvements and Warranty, Subdivision Improvement Agreement, Lou-Mar Entities & City of Wheat Ridge dated April 26, 2002, Reception #F1491029, pgs 1, 2 and 9, and Irrevocable Letter of Credit - City of Wheat Ridge Beneficiary,. see attachment C) Lou Mar refuses to allow Filing #2 lot owners to share in maintenance of Filing #1's pond until they are paid $75,000.00 which they indicated is 25% of the subdivision improvement costs. After 8 months of trying to resolve this pond maintenance issue, I modified the Filing #2 covenants on November 15, 2002 (see attachment D) to include specific language to ensure the planning commission's intent as originally expressed at their hearing and Ms. Meredith Reckert's concerns regarding blocking of drainage swales and future pond maintenance (see attachment D, section 3.6). Based upon my discussion with Alan White and Gerry Dahl, I can only share in maintenance if Lou-Mar allows me access via an easement. And this presents Lou-Mar with an opportunity to be reimbursed for costs they already agreed to pay without reimbursement. To date, Lou-Mar continues to refuse to let Filing #2 lot owners to share in maintenance costs unless I pay them $65,000.00 for that privilege. I offered Lou-Mar $20,000.00 on December 6, 2002 to resolve this situation since the Planning Department will not issue any building permits until this issue is resolved. I also have offered to sell them Lot 1 (see attachment E) which I had sold to a private parry last May as well as agreed to warranty the part of the curb and gutter attached to the Applewood Filing 2 lots. In their most recent correspondence, they again refuse to either allow in sharing maintenance or to buy the property and reiterate their demand for $65,000.00. They also dismissed my offer of $20,000.00 as "ridiculous". That's a tremendous amount of money for annual maintenance of the detention pond which runs about $280.00 per year for all 12 lots! (Pro-rated that's enough money to pay Filing #1's share for 285 years!!) Clearly, the amount Lou-Mar is holding out for is for reimbursement of development costs and not pond maintenance costs. In my opinion, the planning commission's intent was for the ongoing maintenance sharing on a per lot (1/12) pro-rata share. Since Public Works will not allow us to have our own pond, we are being deprived of our right to use our property to build upon which I am sure was never the intent of Ms. Snow's friendly amendment which has created this situation. I feel Ms. Snow wanted Filing #2 lot owners to pro-rata share in costs to maintain the pond - that's it. Not to provide a vehicle of extortion to Lou-Mar. I am requesting that condition #3 of subdivision approval regarding maintenance of drainage structures not in the City's right-of-way be amended as follows: "...provide for the maintenance of drainage structures not in the City's right of way if access by easement and written permission is given b Filing #1 lot owners The covenants have been modified to reflect Filing #2 interest in sharing these maintenance costs if Lou-Mar gives us permission and access by easement. If they do not, then they can bear the entire responsibility of the maintenance costs. As additional consideration, Lou-Mar will not always, control all of the lots and in the future when the homes are sold to individual homeowners, the individual homeowners may welcome the opportunity to have additional parties pay for annual maintenance costs. I am willing to put into an escrow with the City of Wheat Ridge an amount of $1,000.00 to be used for pond maintenance if the lot owners or when future homes are built. This represents $4,000.00 in pond maintenance on a pro-rata share. At the same $280.00 per year pro-rated this amount represents 14.3 years of Filing #2 paying their fair share of maintenance costs in advance. Lou-Mar or Filing #1 homeowners can use this money for pond maintenance upon acceptable documentation. If they do not choose to use it for pond maintenance within 5 years of the date of this document, then it shall be refunded to the Filing #2 lot owners. This situation has been created by Lou-Mar and has prevented Filing #2 lot owners from building on their approved property. The request I have made provides for future maintenance of the detention pond that I believe was the intention of the planning commission. Thank you for this opportunity to present this request and for your time and consideration in this matter. I am looking forward to resolving this situation and moving forward. Respectfully submitted, KSD roperties, LLC Daniel F. Schneider, P. E. Manager Attachments A-F Commissioner Marian McNamee Commissioner Kevin Witt Commissioner Paula Weisz Commissioner Philip Plummer Commissioner Nancy Snow Commissioner Paulette Gillis Cooper Commissioner John McMillin Mr. Greg Knudsen, Interim Director Public Works Mr. Alan White, Director of Planning Mr. Gerald Dahl, City Attorney Mr. Lou Ficco, Lou-Mar Entities 7500 West 29th Avenue The City of Wheat.Ridge, Colorado 80033 "eat Telephone 303/235-2846 Ridge FAX 303/235-2857 December 12, 2001 Jeff Scott 9733 W. 32°d Ave.' Wheat Ridge, CO 80033 Dear Mr. Scott: Please be advised that at its meeting of November 15, 2001; the Planning Commission APPROVED your request of a three-lot minor subdivision on Residential zoned land at 9733 West 32nd Avenue, subject to the following reasons: 1. The proposed subdivision meets several of the criteria of the residential site design requirements. 2. All minimum requirements of the R-1 development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. With the following conditions: 1. The site plan be made a second sheet of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 41- 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation and provide for maintenance of drainage structures and sanitary sewer improvements not in the city's right-of-way. 4. The developer contribute 5% of the land value as cash-in-lieu of land dedication for parks and recreation purposes. 5. The developer and city arborist work together. to protect trees on the east side of the property at 9733 West 32nd Avenue. 6. No building will take place until the drainage system is in place. 7. The developer be required to pay for paving half oflris Street abutting the subdivision. At its regular meeting on December 6, 2001, the Planning Commission reconsidered this case for the limited purpose of removing the condition that the developer pay half of the cost to pave Iris Street in front of the subdivision (#7). The Commission then acted to remove that condition. In light bf this action of the Commission, your appeal to City Council dated November 21, 2001, is unnecessary and will not be scheduled for Council consideration. If you have questions or concerns regarding this letter or the action of the Commission, please don't hesitate to contact the Planning Department. 4 4 A Jeff Scott Page 2 December 12, 2001 Please revise the plat document accordingly, then submit 2 copies of the revised plat document on paper to allow for staff review prior to submitting the mylar for recording. Please feel free to contact me at 303-235-2846 if you have any questions. ii Swe ` v~jO~t Alan C. White, AICP Planning and Development Director Ka ~~c e Kathy Field Planning Secretary Enclosure: Draft of Minutes cc: MS-01-03 c:Wfhy\P R TSWLAN000.MCOFYMP\APPVLi V5 0005 5. APPROVE MINUTES It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the minutes of November 15,.2001 as presented. The motion passed 5-0 with Commissioner BREVKMAN abstaining and Commissioners PLUMMER and WEISZ absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. MS-01-03: Reconsideration of condition of approval of Scott Subdivision. V f Commissioner BRINI M questioned whether or not she would be able to vote on this case since she was absent during the original hearing. Jerry Dahl stated that she would not be able to vote on this case. Jerry Dahl presented this matter. This case was approved at the November 15, 2001 Planning Commission hearing with a condition to "require the developer to pay for paving half of Iris Street abutting the subdivision." Mr. Dahl was of the opinion that this condition could not be imposed. The developer of the adjacent subdivision is already responsible for construction of the entire len ris o 1613 es n s recovery the in Chapter 26 It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE that the Planning Commission reconsider Case No. MS-01-03 for the limited purpose of deleting the condition requiring the cost sharing of the construction of Iris Court. The motion passed 4-1-1 with Commissioner SNOW voting no, Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to approve Case No. MS-01-03 with all conditions previously stated with the exception of the cost sharing condition. Commissioner SNOW stated she would not support the motion because, in the past, when developers have built simultaneously (as in this Situation) both developers have been required to. share the cost of the street. A vote was taken on the motion which passed 3-2-1 with Commissioners SNOW and L COLLINS voting no, Commissioner BRINHIVIAN abstaining and Commissioners PLUMMER and WEISZ absent. B. Case No. WZ-00-09 (continued from October 4,2001): An application by John Elway Autonation for approval of a preliminary and final development plan and final plat for property zoned Planned Commercial Development (PCD) and located at 3501 Wadsworth Boulevard for the purpose of operating an automotive dealership. Planning Commission Page 2 December 6, 2001 3. Lighting on the east side be limited to recessed lighting under the canopy only. 4: ignage on the east side of the building shall be deleted or prohi ' ed. Commission SNOW requested an amendment to include a fifth c dition to provide for a right-in and ' ht-out access only onto Youngfield. The amend ent was accepted by Commissioner P ER. Commissioner SNO c ented that the hours of operation /f the drive-through facility are limited on the present t plan 7:00 a.m. to 11:00 p.m. She ted that she would vote in favor of the application if the time 1' tion stays. Commissioner THOMPSON req sted an amen ent to the fourth condition to add the words "south side" in addition to t east side. he amendment was accepted by Commissioner PLUMMER. Commissioner THOMPSON moved and missioner PLUMMER seconded that the second note on the development plan b ame ed to allow the drive-through window to be open for a 24-hour period. The Potion pass 6-1 with Commissioner SNOW voting no and Commissioner B absent. A vote was taken on the main otion which passed 7- ith Commissioner BRINKMAN absent. It was moved by Comm' Toner SNOW and seconded by Coin issioner COLLINS that Case No. WZ-01-07, a equest for approval of a final subdivisio lat for property located at 12700 West 32"a enue, be approved for the following reasons. 1. The plat consistent with the standards and requirements in gapter 26. With the fo&dwine condition: 1. T e access easement which serves the cell tower be relocated so as to pix ontinued access to the lessees, that the subdivision plat be redrawn and by the staff prior to being recorded with the county, and if there is any disagreement about the access relocation, it will come back to Planning Commission. The motion passed unanimously. 17 B. Case No. MS-01-03: Application by Jeff Scott for approval of a three-lot minor subdivision plat on property zoned Residential-One and located at 9733 West 32"d Avenue. The case was presented by Alan White. He reviewed the staff report and presented slides and overheads of the subject property. He entered all pertinent documents into the record and advised the Commission that proper posting and noticing procedures had been followed and there was jurisdiction to hear the case. Staff recommended approval for reasons and with Planning Commission Page 4 November 15, 2001 conditions as outlined in the staff report. He entered into the record a letter dated October 9, 2001, from Kim Tomlinson, 9625 West 32nd Avenue, expressing concern about the possibility of the loss of evergreen trees on her property which borders the proposed subdivision. Commissioner WEISZ asked if the proposed subdivision would aggravate drainage that is place for the existing subdivision. Mike Garcia replied that the drainage plan is more than adequate to handle drainage from the proposed development. In response to a question from Commissioner COOPER about the effect on Ms. Tomlinson's trees, Mr. White replied that this would be a question for the city forester. Commissioner PLUMMER commented that his experience indicates that a 15-foot setback should prevent any damage to the trees. There could, however, be a problem if the 10-foot utility easement were opened up to put utilities underground. Jeff Scott Mr. Scott, owner of subject property, was swom in by Chair McNAMEE. Since all administrative and engineering requirements have been met, he requested approval of the application. John Gammon 3305 Independence Court Mr. Gammon was sworn in by Chair MCNAMEE. He voiced opposition to the application based on his concern about drainage and that, with the high water table in the. area, there could be water, damage to existing residences as a result of the proposed development. Ron Roush 9845 West 30' Drive Mr. Roush was swom in by Chair McNAMEE. He expressed concern about effects of drainage on the existing residences because there is already so much water in the area. He requested the city to look into a storm drain system that would go along the upside of the existing ditch rather than running along 350i Drive. Mike Garcia stated that Mr. Roush's suggestion was investigated however, Rocky Mountain Ditch refuses to accept storm drain water. He also stated that the drainage system will be in place and operative before actual development takes place. Kim Tomlinson 9625 West 32°d Avenue Ms. Tomlinson was sworn in by Chair MCNAMEE.` She expressed concern about 75-year-old evergreen trees along her property line that abuts the proposed development. AlanWhite stated that he would have the city arborist evaluate this situation. Robert English 9920 West 34`' Drive Mr. English was sworn in by Chair McNAMEE. He suggested building a deeper trench along 3401 Drive which would hold more water and release to the north. Planning Commission November 15, 2001 Daniel F. Schneider Mr. Schneider, engineer for the applicant, was sworn in by Chair MCNAMEE. He stated.that he believed the utilities along Ms. Tomlinson's property line are on overhead power lines that would remain in place and, further, the new homes should have a minimum of 30-foot back yards. He also stated that existing drainage system was designed assuming that some time in the future the area would be developed. In response to a question regarding liability for drainage from Commissioner COLLINS, Mike Garcia stated that the drainage engineer would'be responsible for liability resulting from his plans. Eloise Newell 9870 West 34th Drive Ms. Newell was sworn in by Chair MCNAMEE. She stated that she had been to all of the previous meetings and hearings on this application and had never heard any mention that the drainage system was in place to take on more drainage in the future. Mike Garcia commented that the engineer had to consider historic drainage from the north in his evaluations. Ms. Newell expressed concern that she understood the city had to pay out approximately $100,000 to correct a drainage problem caused by one of the applicant's previous developments within the city. She objected to her tax money being spent this way. She also expressed concern that the subject development would cause water damage to existing properties. Daniel Schneider returned to the podium. He stated that eleven revisions were made to the original drainage plan before final approval by city engineers. Ron Roush returned to the podium to state that he is not opposed to the subdivision but wants to make sure that every precaution is taken to protect the existing homeowners. Robert English returned to the podium to express concern about liability for existing water or sewer lines. He checked with his insurance company who advised him to take out more insurance for possible broken lines from his house to the right-of-way because the developer's liability only exists up to the right-of-way. He expressed concern that it would be necessary for the developer to cut through thirty-three lines to install the drainage system. Chair McNAMEE asked if there were others who wished to address the Commission. Hearing no response, she closed the public hearing. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. MS-01-03, a request for approval of a three-lot minor subdivision at 9733 West 32 d Avenue be approved for the following reasons. 1. The proposed subdivision meets several of the criteria of the residential site design requirements. 2. All minimum requirements of the R-1 development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. Plan Commission Page November 15, 2001 With the following conditions: 1. The site plan be made a second sheet.of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation. 4. The developer contribute 5% of the land value as cash-in-lieu of land dedication for parks and recreation purposes. 5. The developer and city arborist work together to protect trees on the east side of the property at 9733 West 32°d Avenue. Commissioner SNOW offered an amendment to add the following words to the third condition: "and provide for maintenance of drainage structures and sanitary sewer / improvements not in the city's right-of-way". The amendment was accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to add a sixth condition to provide that no building will take place until the drainage system is in place. The amendment was accepted by Commissioner THOMPSON.. Commissioner SNOW offered an amendment to add a seventh condition which would require the developer to pay for paving half of Iris Street abutting the subdivision. Commissioner THOMPSON asked if the city could legally ask the developer to pave h ` street. Alan White stated that he believed this was a reasonable condition. The ame mei was accepted by Commissioner THOMPSON. Alan White referred to the amendment to the third condition and commented that the sanitary sewer would eventually be the responsibility of Westridge Sanitation District. A vote was taken on the amended motion which passed 7-0 with Commissioner BRINKMAN absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Election of Officers: Janice Thompson was elected as Planning Commission chair and Nancy Snow was elected as vice-chair. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 7 November 15, 2001 ast 29th Avenue The City of :at Ridge, Colorado 80215 Wheat Ridge elephone 303/ 235-2846 FAX 303/235-2857 January 18, 2002 Dan Schneider 3866 Union Court Wheat Ridge, CO 80033 Dear Dan: This letter is in regard to the Applewood Preserve Subdivision Filing No. 2 which was approved with conditions by Planning Commission on November 15, 2001. Although the plat document has been recorded, there are still outstanding items which need to be addressed. The subdivision approval process was based on public street access, storm drainage system and use of utilities installed. in the adjacent subdivision (Applewood Preserve. Subdivision Filing No. 1). At the time of application for the second filing, the developer of the adjacent gave verbal concurrence regarding use of improvements installed at his•expe was provided in writing. Written concurrence consenting to the use of these facilities must be provided. The parkland dedication fee in the amount of $4704 is outstanding. On January 8, 2002, you had a conversation with Meredith Reckert about the content of the proposed homeowners association covenants. Ms. Reckert informed you that the covenants needed to be revised because there were no provisions for the maintenance of the storm drainage system and the sanitary sewer system improvements located within the Applewood Preserve Filing No. 1 Subdivision. She requested the changes be made and the covenants be resubmitted for review. It has come to my attention that you have recorded the covenants without authorization of the city. These covenants must be amended in accordance with Ms. Reckert's comments, resubmitted and re-recorded. Please be advised that no building permits for new construction will be issued until the items specified above are resolved. The City currently has no system or formula for cost recovery for physical improvements relating to development. If you and the adjacent developer choose to start negotiations to share these costs, the city is available to facilitate such a meeting. If you would like to discuss this further, I can be reached at 303-235-2844. 3 S' 1 Alan White, AICP Director of Planning and Development c: Case No. MS-01-03 Bob Goebel Randy Young David Schneider KL60 11UM M. r 1 ^t W l V c o 5/23/2002 11:30:16 PG: 001-016 Ot© PAGE FEE: - 80.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 26h day of April 2002, by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Lou- Mar Entities LLC, (the "Developer"), together referred to as the "Parties". u .nC V O~VY' RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A, if applicable, and- made a part hereof (the "Property"), commonly known as 9737 W. 32nd Avenue. On August 13, 2001, the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the fihal,;plat for,the Property titled Applewood Preserve Subdivison. A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. 'AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained hereib, the sufficiency of which are mutually acknowledged, the parties`hereto agree as follows: 1. Purpose. The purpose of this Agreement is,to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. . 2. Other Requirements. None 3. Fees. The Developer hereby agrees to pay City Development Review fees to the City for engineering, hydrological, surveying; legal, and other services rendered in connection with-the revlew of the subdivision of the Property. 4. Title Policv. Atitle commitment for the Property shall be provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT 05/01 b 5. Breach by the Developer: the MIS Remerimps, In the event of a reach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (aa) The refusal to issue any building permit or certificate of occupancy; The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or inequity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice. 6. Public Improvements and Warranty. All storm sewer lines, structures, paved streets, including curb, gutter and sidewal<_ an ~u III UVements or°im rovements" asa rovedbytheDirectorof Public Works or desionee of the City shall be installed and complft rt at the the Ueyelooer within the th f + o ,,w e r `lse 0 thne ~I I ~xrnpa I he Public Improvements required y is Agreement and shown on the construction documents approved by the Director of Public Works of the City, the time frames for construction of the Improvements and the itemized costs of these Improvements are set forth on Exhibit C if applicable. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and.ccnstructlen standards for such improvement and approved by the Director of Public Works of the City. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be required, and Developer shall be responsible for submitting revisions to the Final Plat approved by the City, The Developer shall warrant an and all Public Improvements which are conve, to the City pu reement fora period o o years from the e the Ci Director of Public Works certifies that the same conform with specifications approved the C ty. pecifically, but not byway o imitation, the Developer shall warran t e follows (a) That the title conveyed shall be marketable and its transfer rightful; SUBDIVISION IMPROVEMENT AGREEMENT 05101 -2- 0 WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT By: ATTEST- Wanda Sang, City C DEVELOPER BY: K Louis J. FiGco, Manager STATE OF COLORADO ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this 2002, by day of of , as Witness my hand and official seal. My commission expires: Notary Public (SEAL) SUBDIVISION IMPROVEMENT AGREEMENT 05101 -9- City Of Wheat A1dge VTBAW At &ACd" 7500 Waet 29Th Avenue nrsl8enk 0[ Wheal Aldge aSa WadexaM l3gdevard 3031 i4doCO~t.END LAI-11:51 I U IRREVOCABLE LETTER OF ~REDIT UAW= NO.: 8940835 This Letter of-Credit shall expire upon the earlier of: t. the close of business on and all drafts and accompanying statementsor documents • - must be presented to Lender on or before that time; or 13 -West ST Avenue Wheat Ridge, CO 80033 & the day that Lender honors a draw under which the full Lx'Latw'49gr r y, amount of this Letter of Credit has been drawn. Lender hereby establishes at the regoest and for the acocof Customer, an lmevoceble Letteref Credit in favor of Beneficiaryfor a SUM Of Trvo Hundred Pity Three Thousand It. urd 'd Taw tv d 1100 - 'Dollars 253,320.66 These funds shall be made available to Benatfearyupon Lenders receipt from Beneficiary of sight drafts drawn on Lender at Lenders address Indicated. above (or such other address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents Indicated below. WARNINGTO BENEFIC(ARY:PLEASEEXAMINETHIS LETTEROF CREDIT'AT ONCE. IF YOU FEEL UNABLETO MEET ANY OF ITS REQUIREMENTS,EITHERSINGLYOFiTOGETHER,YOU SHOULD CONTACTTHE CUSTOMERIMMEDIATELYTO SEE IF THE LETTER OF CREDITCAN BE AMENDED. OTHERW ISE,YOU WILLRISKLOSING PAYMENTUNDERTHIS LETTEROF CREDITFOR FAILURETO COMPLY STRICTLY WIT14 ITS TERMS AS WRITTEN. - t. DRAFT TERMS AND CONDITIONS Lender shall honor drafts submitted by Beneficiary under the following terms and conditions; - Upon Lenders honor of such drafts, Lender shall be fully discharged of its obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letterer Credit once the full amount of credit avallable under this Lotter of Credit has been drawn. If a non-conforming demand is made, Lender shall notify Beneficiary of its dlshonbr on or before the time specified in Paragraph 5 below. Benef claryshali have no recourse against Lender for any amount paid under this Letterer credit once Lender has honored any draft or other document which complies smelly with this Letter of Credit, and which on Its face appears otherwise In order but which is signed, Issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Bensficlaysauthorizegon. By paying anarpount demanded In accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be table to Beneficiary, or any other person, for any amount paid or disbursed for any mmon-whhatsoevea Including, without limitation, any nonappliralion or misapplication by Benefciaryof the proceeds of such payment. By preeenting upon Lenderor a confirming bank, Beneflalarycertifiesthat Baneficiaryhas not and will not presentupon the other, unless and Until Beneilolarymeela with dishonor. Behefklarypromises to. return to Lender any funds received by Beneficiary In excess of the Letter of Credit's maAmum.drawing amount. 2. USE RESTRICTIONS - All drafts must be marked 'DRAWN UNDIES Fi tH k 09'Wh t Rids IRREVOCABLE LETTER OF CRIEDLT WBAO835 April 25. 2002 and the amount of eachAraft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee(t this Letter of Credit Is transferable) may complete 'e'draftand accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws ❑ are permitted ® are not permitted under this Letter of Credit. Lender's honor of a partial draw shall - correspondingly reduce the amount of credit available under this Letlarof Credit. Following a partial draw, Lander shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; In the alternative, and In Its sole discretion; Lender may Issue a substitute Letter of Credit to Beneficiary In the amount shown above, lase any partial draw(s). 3. PERMITTED TRANSFEREES Ej If hacked, this Letterof Credit may be transferredby Beneficiary upon prior written notice to Lender or the transfer. The Transferee shat be deemed the new Beriefk:lary of this Letteref, Credit and the docuhents of the Transferee,lncluding drafts required under this Letterof Credit, will be processed by Lender (or any Intermediary) without the original Beneficiary's Intervention and without any further obllgallonef Lender to the original Beneficiary. . If checked, the right to draw under this Letter of Credit shall tie nontransferable; except for. A: A Vansfer(in its entirety, but not In part) by ImGt operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law; and B. The first9mmedlate transfer (in Its entirety, but not In part) by such legal representadveto a third party after express approval of a governmental body Qudlcial, administratlve, or executive). 4. TRAIJSFEREE'S REQUIRED DOCUMENTS When the presenter is a'permitted Transferee under paragraph 3 above, the documents required for a draw shall include: A. All documents required elsewherein thlsietterof Creda,exceptihalauch documents maybe In the name of endIxecuted by either the original Benefciary or the presenter permitted by paragwph.3; Bad B. When the presenterls a pennlttedTrandferseunder paragigph'3Afor a third party under paragraph 3.B., acert Idcopy of the one. or more documents which show the pmaenlere authodty to claim through or to act with authority for the dd91nif I Benellciery. TIMING OF DISHONOR Lendermay rely upon any reason for dishonor which 11 Lenderhea receNedihe lesldo sumont forming BeneS sudh. reason without regard to either (I) the timing of Three-DeyPeriod of any preliminary communication(, any reason for dishonor given during the Three-Days 'without delay', and other timing requirements as.im Publication No 500, as most recentiypublished by thi Date shall not be extended to accommodate a press Beneficlaryahall not be entitled to submit a dim requs Data. Lender shall not be required to communicate r 'Banking Day' moans any day, except Salurdav.on wh 6. COMPLIANCE BURDEN eneflGaryor the presenterwlthln three (3) Banking Days after the'fhree-DayPeriod'). Londershall be entitled to rely upon lade below the Fxphatlon Date, or (II) the timing Inside the Ming the dishonor decislon or any reason for dishonor. For be conclusively deemed to have met the 'reasonable time', end Practice for Documentary Credits, 1993 Revision, [CC Aber of Commerce (the'UCP j may Impose. The Elpi ation tan three (3) Banking Days below the EKplratlon Date, and 'wlthfanydocuments in support of a draw afterlhe Expiration or Its reasons within a time less than thelThme-DayPedod. m located Id Colorado are open. Lender Is not responsible for any Impossibility or other difficulty In achieving strict compliance with the requirements of thts Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wordlpg o/ this Letter of Credit Is amended with Lenders prior written consent, the burden of complying stdotly with such wording remains solely upon Beneficiary; and (II) that Lender is relying upon the lack of such amendment as constituting Beneflndary's Initial and continued approval of such wording. 7. NOWSEVERABILITY It any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body lhawng Jurisdiction, Landers entire engagement under this Lelterof Credit shall be deenleitnull and Vold ab inlllo, and both Lender and 0enegciaryshall be restored to the position each would have occupied with all rights available as though this 'Letter 'of Credit had no} er occurred. This non-severabllilyprovision shall override all other provisions In this Letter of Credit, no matter where such prevision appears Within this Letter of Credit.' 8. CHOICE OF LAW/JURISDICTION Trls Letterof Credit Is subject to the UCP. This Letter of Credit shall be governed by and oonstmedin accordance with the laws of the State of Colorado , United Slaleaof Amerlca,exceplto thsextentsueh laws are lnconsfatentwlth the UCP. Lender and Benefciary consent to the jurisdiction and venue of any court selected by Lender In Its discretion located in the Stale of Colorado -In Its event of any legal proceading under this Letterof Credit. - 9. EXPIRATION Lender hereby agrees with Beneficiary that drafts drawn under and In compliance with the terms of this Latter of Credit will be duly honored It presented to the Lender on or before the Expiration Date. Dated: April 25, 2002 LENDER: etBanR 0E Wheab Ridga B r Thomas W. L Yreeident ENDORSEMENT OFDRAFTS DRAWN: Amount Amount Date Negotiated By In Words Figures RECEPTION NO. FIGO9302 11/15/2002 10:40:53 PG: 001-015 PAGE FEE: 76.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORODO Applewood Preserve Filing 92 Declaration of Covenants, Conditions and Restrictions DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF APPLEWOOD PRESERVE FILING #2 THIS DECLARATION is made on this 15th of November, by KSD Properties, LLC hereinafter referred to as the "Declarant" with an office at 3866 Union Court, Wheat Ridge, Colorado 80033. WHEREAS, Declarant is the Owner of certain real property in the County of Jefferson, State of Colorado, which is more particularly described as set forth in Exhibit A ( Applewood Preserve Subdivision Filing 2 plat) attached hereto and incorporated herein by this reference. WHEREAS, Declarant intends to develop and improve the above described tract of land and lots or units included in said tract, and is desirous of subjecting all of said tract of land and lots to certain covenants, agreements, easements, restrictions, conditions and charges as hereinafter set forth. NOW, THEREFORE, Declarant declares that all of the real estate described in Exhibit A shall be held or sold, and conveyed subject to the following covenants, agreements, easements, restrictions, and conditions which are for the purpose of protection the value and desirability of the real estate and which shall run with the real interest in the described properties or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS Each term not otherwise defined in this Declaration or in the plat or map shall have the definitions specified or used in the Act. 1.1 Architectural Committee Shall mean the committee established pursuant to Article 2 of this declaration. 1.2 Architectural Committee Rules Shall mean the rules adopted by the Architectural Committee. 1.3 Declarant. Shall mean and refer to Jeff Scott and his successors and assigns if such successor or assign should acquire one or more developed or undeveloped lot from the Declarant. 1.4 Unit or Lot. Shall mean and refer to any plot of land or portion of the Property which is designated for separate ownership which boundaries are described in or determined for the Declaration. Page I (initial) Applewood Preserve Filing 42 Declaration of Covenants, Conditions and Restrictions other location, except for temporary structures used for marketing purposes by the Declarant. 3.6 Drainage Easements and Detention Pond Maintenance. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, or planting of other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. Each property owner shall be responsible for maintenance of drainage easements on their property. The easements are on each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements, for which public authority of one or more utility companies is responsible. The detention pond that was designed and approved to detain stormwater runoff from both Applewood Preserve Filings 1 & 2 as approved by the City of Wheat Ridge is located on a tract of land owned by Applewood Filing #1 Lot owners. In the event that the Lot owners of Applewood Filing #1 do not maintain the detention pond, in order to ensure the proper function of the detention pond as designed to accept and detain stormwater from Applewood Filing #2 lots, Applewood Filing #2 Lot owners, with permission of Filing #1 Lot owners, shall enter the tract and conduct maintenance of the pond as necessary. 3.7 Nuisance. No noxious or offensive activity shall be carried on upon any site, nor shall anything be done thereon which may become an annoyance or nuisance in the neighborhood. Without limiting the generality of the foregoing provisions, no horns, whistles, bells or other items used exclusively for such purposes, shall be located, used or placed on any property. 3.8 Temnorarv Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other out-building shall be used on any site at any time as a residence, either temporarily or permanently, except temporary structures may be used by Declarant for marketing purposes. 3.9 Water and Sewer. No individual water supply system shall be permitted on any site, and all dwellings must attach such facilities when provided by Consolidated Mutual Water Company and Westridge Sanitation District to serve the area. 3.10 Fences. All fences to be constructed on property within the subdivision, shall be wood, brick, or ornamental iron construction and shall be no more than six (6) feet in height. Fences shall be designed and constructed in a manner that will not change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. 3.11 Partial Perimeter Wall. A partial perimeter wall, planters and other permanent structures (collectively referred to as "Structures") may have been an improvement on the real property at the time of purchase by the Lot 1 Owner. Such Lot Owners shall own these Structures in fee simple and it shall be Page 6 (initial) ACKNOWLEDGEMENT 1-~r Whereas, the Declarant, KSD Properties, LLC, a ;Colorado limited liability company,. and Gemini Associates, LLC, a Colorado limited liability company, owner of Lot 1, Applewood Preserve Subdivision, Filing #2, Jefferson County, Colorado, declare that Lots 1 through 3, Applewood Preserve Subdivision, Filing #2, Jefferson County, Colorado, shall be held or sold, and conveyed subject to the following covenants, agreements, easements, restrictions, and conditions which are for the purpose of protection the value and desirability of the real estate and which shall run with the real interest in the described properties or any part thereof, and shall'be binding upon their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. IN WITNESS WHEREOF, Declarant, KSD Properties, LLC, Gemini Associates, LLC, a Colorado limited liability company, Covenants, Conditions and Restrictions of the Applewood November 15, 20 2. i Colorado limited liability company, and acknowledge and adopt the Declaration of Preserve Subdivision, Filing #2, dated Daniel F. Schneider, Manager KSD Properties, LLC, i a Colorado limited liability company Luca' 0 STATE OF COLORADO } } ss. County of Jefferson } My Commis- % nrt 26 2004 My commission expires Witness my hand and official seal. Daniel Gryztf@a, M Gemini Associates, LLC, A Colorado limited liability company STATE OF COLORADO } } ss. County of Jefferson } My Ciomml3uici; 0C The foregoing instrument was acknowledged before me this 15th day of November, 2002 by KSD Properties, LLC, a Colorado limited liability company. otary 6aic VI l ~Y The foregoing ms$ritfieiif~vas acknowledged before me this 15th day of November, 2002 by Gemini Associates, LLC, a Colorado limited liability company.. My commission expires Witness my hand and official seal. Notary is VIA CERTIFIED U. S. POSTAL SERVICE January 13, 2003 Lou Ficco Lou Ficco, Jr. LouMar Entities 3650 Vance Street, Unit #1 Wheat Ridge, Colorado 80033 Subject: Proposal to Resolve Current Situation, Applewood Preserve 1 & 2, Wheat Ridge, Colorado Dear Lou, I am currently in the process of assembling all of the information for going to court over the current situation that exists at Applewood Preserve subdivision. I was working on the preparation of the documents showing the history of the project when I came up with an interesting idea that may resolve this thing without ending up in court. What I came up with is the following: 1) Assuming the owner of Lot 1 would go along with this (he is out of town until this Friday), I would ask him to sell you Lot l,for $172,000.00. This would give you 3 important advantages. First, you would then control the entrance to the subdivision and the type of fence you can put up. Right now you can't. The owner of Lot 1 refuses to install any fence other than a 3-strand barb wire or chain link. His position has significantly "hardened" since you refused to allow us to share in pond maintenance costs. I would then possibly offer him the lot ) still own (Lot 3) or make other concessions to him on the house I'm under contract to build for him wherever he decides to build it. He has also purchased another parcel of land adjacent to Anthony Vecharelli's property on West 35" Avenue and depending on how long this takes to get to court is planning on either building there or on Lot 3. 2) Buying the lot would also allow you to control the "gating" of the subdivision if you want to do so. I would agree in writing to support any "gating" that you would propose and sign-off to the City of Wheat Ridge on any necessary paperwork. f}bdEL~ 3) All of the Xcel Energy work to bury the lines along the rear of lots 1, 2, and 3 has been completed and paid for to the tune of almost $13,000.00. In addition, the water and sewer stubs have been completed so no street cuts would be required. 4) The owner of the Lot 1 has completed a soil report for the lot, which I would ask him to include in the transaction at no additional cost to you. As part of the conditions for this sale, I would want you to allow lots 2 and 3 to enter into a maintenance agreement for the detention pond and whatever other paperwork the City of Wheat Ridge requires so that I can get a building permit whenever I would want to for Lot 3. I would agree to pay 1/12 of the annual costs per lot that I own at the time of the signing of the agreement. I would also enter into a warranty agreement for the curb, gutter, and sidewalk only in front of Lots 2 and 3. This warranty would specifically state that if any construction activity damages the sidewalk, curb and/or gutter, for the next 22 months, if the City of Wheat Ridge requires repair/removal of any portion of the items in front of my properties, then the property owner will be responsible for the replacement and payment for it. I am still confident we can resolve this situation and this letter is an effort to do that. While some people have suggested that we can use the lots for RV storage as per the new law or even for raising of goats, or chickens, I feel that the best use of the properties is for high-end custom homes. This offer expires this Thursday at noon, January 16, 2003. In the meantime I will continue preparing for the next step in the legal process. You have my telephone number if you have any questions. Thank you for your time in reviewing the contents of this letter. Sincerely, KQ1a Z.11 " Properti Daniel F. Schneider Manager Cc: Alan White VIA CERTIFIED U.S. POSTAL SERVICE January 15, 2003 Dan Schneider KSD Properties, LLC 3866 Union Court, Wheat Ridge, Colorado 80033 Subject: Response to your letter dated 1/13/2003 Dear Dan In regards to your letter Item #1 states that I have refused to allow you and the owner of Lot Ito share in pond maintenance costs is simply not true. In fact I feel that we will never be able to reach an agreement until you and the owner of Lot 1 agree to share in these costs. The owner of Lot 1 has never tried to contact us in any way, and it is unfortunate that he has a "hardened" position for trying to work with us to create a nice entrance and atmosphere for the subdivision. Maybe he should have been told about the drainage issues and the agreement that must be made before you sold him the lot. We are more than willing to work out an agreement with you which is why I offered to lower my request from $75,000 to $65,000, and your three lots joining our HOA to share in pond maintenance. Your offer of $20,000 was ridiculous, as is your current offer. As of February 1, 2003, at 4:00 p.m. I will withdraw that offer, and we will proceed from there. Your comment about storing R.V.'s and raising goats and chickens is quite an amusing scare tactic. I suggest that you go ahead and start your new farm and storage lot,'this will show what a standup businessman you are. In conclusion, if you would like to continue to work to a mutual agreement we are more than willing, or if you feel that you would like to pursue this in court you will have my full cooperation. You have my telephone number if you have any questions or new solutions. Sincerely, Lou-Mar Entities, LLC Louis J Ficco Manager Cc: Alan White VIA CERTIFIED U. S. POSTAL SERVICE January 13, 2003 ©r Lou Ficco 6 Lou Ficco, Jr. LouMar Entities 3650 Vance Street, Unit #1 Wheat Ridge, Colorado 80033 n~ Subject: Proposal to Resolve Current Situation, Applewood Preserve 1 & 2, Wheat Ridge, Colorado Dear Lou, I am currently in the process of assembling all of the information for going to court over the current situation that exists at Applewood Preserve subdivision. I was working on the preparation of the documents showing the history of the project when I came up with an interesting idea that may resolve this thing without ending up in court. What I came up with is the following: 1) Assuming the owner of Lot 1 would go along with this (he is out of town until this Friday), I would ask him to sell you Lot 1 for $172,000.00. This would give you 3 important advantages. First, you would then control the entrance to the subdivision and the type of fence you can put up. Right now you can't. The owner of Lot 1 refuses to install any fence other than a 3-strand barb wire or chain link. His position has significantly "hardened" since you refused to allow us to share in pond maintenance costs. I would then possibly offer him the lot I still own (Lot 3) or make other. concessions to him on the house I'm under contract to build for him wherever he decides to build it. He has also purchased another parcel of land adjacent to Anthony Vecharelli's property on West 35" Avenue and depending on how long this takes to get to court is planning on either building there or on Lot 3. 2) Buying the lot would also allow you to control the "gating" of the subdivision if you want to do so. I would agree in writing to support any "gating" that you would propose and sign-off to the City of Wheat Ridge on any necessary paperwork. 3) All of the Xcel Energy work to bury the lines along the rear of lots 1, 2, and 3 has been completed and paid for to the tune of almost $13,000.00. In addition, the water and sewer stubs have been completed so no street cuts would be required. 4) The owner of the Lot 1 has completed a soil report for the lot, which I would ask him to include in the transaction at no additional cost to you. As part of the conditions for this sale, I would want you to allow lots 2 and 3 to enter into a maintenance agreement for the detention pond and whatever other paperwork the City of Wheat Ridge requires so that I can get a building permit whenever I would want to for Lot 3. I would agree to pay 1/12 of the annual costs per lot that I own at the time of the signing of the agreement. I would also enter into a warranty agreement for the curb, gutter, and sidewalk only in front of Lots 2 and 3. This warranty would specifically state that if any construction activity damages the sidewalk, curb and/or gutter, for the next 22 months, if the City of Wheat Ridge requires repair/removal of any portion of the items in front of my properties, then the property owner will be responsible for the replacement and payment for it. I am still confident we can resolve this situation and this letter is an effort to do that. While some people have suggested that we can use the lots for RV storage as per the new law or even for raising of goats, or chickens, I feel that the best use of the properties is for high-end custom homes. This offer expires this Thursday at noon, January 16, 2003. In the meantime I will continue preparing for the next step in the legal process. You have my telephone number if you have any questions. Thank you for your time in reviewing the contents of this letter. Sincerely, KSD opertie , L Daniel F. Schneider Manager Cc: Alan White City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White, Director of Planning and Development FROM: Meredith Reckert SUBJECT: Case No. MS-01-03 HOA Covenants DATE: November 4, 2002 This memorandum is in regard to the homeowners association covenants for Applewood Preserve Filing No. 2 Subdivision. On January 8, 2002, I forwarded comments (copy attached) to the owner regarding required revisions to the covenants. The covenants had been recorded on December 26, 2001, without review and approval by the City. Attached is a copy of the recorded covenants as well as a letter dated October 23, 2002, from the property owner responding to staff s original comments, none of which have been addressed. Comment number 1 regarding the keeping of animals is inconsequential to the city, however, it may be confusing to a buyer as it contradictory as to how many household pets are allowed. Comment number 2 relates to signage for home occupations within the subdivision. In the covenants, Section 3.20. Signs. is inconsistent with the city's home occupation regulations where signage is specifically prohibited. The covenants indicate that one professional sign no larger than one square foot is permitted. Comment number 3 regarding maintenance of the detention pond located on Tract A of Applewood Preserve Subdivision Filing No. 1 has not been addressed. Pursuant to his letter, Mr. Schneider has indicated that he can not legally be responsible for maintenance of private property that he does not own. There are provisions in the existing covenants for maintenance of conveyance swales in Filing No. 2 to convey storm water to the street. Comment number 4 relates to maintenance of the sanitary sewer improvements within Filing No. 1 and on the property to the east fronting Independence Street. It is staff s understanding that Westridge Sanitation District is in the process of "accepting" the line for maintenance. Let me know if you need anything else. City of Wheat Ridge Planning and Development Department Memorandum TO: Case No. MS-01-03 Me FROM: Meredith Reckert SUBJECT: HOA Covenants DATE: January 8, 2002 Today I forwarded comments to Dan Schneider regarding the proposed homeowners associations covenants for the Applewood Preserve Subdivision Filing No. 2. The following are my comments: 1. On page 6, Section 3.13, there is a typo regarding the number of animals allowed. It reads as follows and should be corrected "not exceed three (2) of any type." 2. On page 7, the allowance for home occupation signs is in conflict with the city code in that per section 26-613 no signage is allowed for home occupations. 3. There are no provisions for maintenance of the storm drainage system located in Tract A of the Applewood Preserve Subdivision Filing No. 1. This must be addressed. 4. There are no provisions for maintenance of the sanitary sewer system located on private property west of the connection with Independence Street. This must be addressed. r RECEPTION NO. Fl. '8781J. 12/26/2001 1400:45 PG: 001-015 PAGE FEE: 75.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO Applewood Preserve Filing #2 Declaration or Covenants, Conditions aad Restrictions DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF APPLEWOOD PRESERVE FILING H2 l~ THIS DECLARATION is made on this 14th of December, by Jeff Scott hereinafter referred to as the , "Declarant" with an office at 1782 Swadley Street, Lakewood, Colorado 80215. WHEREAS, Declarant is the Owner of certain real property in the County of Jefferson, State of Colorado, which is more particularly described as set forth in Exhibit A ( Applewood Preserve Subdivision Filing 2 plat) attached hereto and incorporated herein by this reference. WHEREAS, Declarant intends to develop and improve the above described tract of land and lots or units included in said tract, and is desirous of subjecting all of said tract of land and lots to certain covenants, agreements, easements, restrictions, conditions and charges as hereinafter set forth. NOW, THEREFORE, Declarant declares that all of the real estate described in Exhibit A shall be held or sold, and conveyed subject to the following covenants, agreements, easements, restrictions, and conditions which are for the purpose of protection the value and desirability of the real estate and which shall run with the real interest in the described properties or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS Each term not otherwise defined in this Declaration or in the plat or map shall have the definitions specified or used in the Act. 1.1 Architectural Committee. Shall mean the committee established pursuant to Article 2 of this declaration. 1.2 Architectural Committee Rules. Shall mean the rules adopted by the Architectural Committee. 1.3 Declarant. Shall mean and refer to Jeff Scott and his successors and assigns if such successor or assign should acquire one or more developed or undeveloped lot from the Declarant. 1.4 Unit or Lot. Shall mean and refer to any plot of land or portion of the Property which is designated for separate ownership which boundaries are described in or determined for the Declaration. 1.5 Owner. Shall mean the record Owner, whether one or more persons or entities, of a fee Page 1 (initial) Applewood Preserve Filing #2 Declaration of Covenants. Conditions and Restrictions simple interest in any Lot which is part of Applewood Preserve Filing N2, including Declarant and contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. 1.6 Property or Project. Shall mean the real property described in this Declaration together with all building and other improvements located thereon, and all easements, rights and appurtenances belonging thereto. -711- 1.7 Covenants. Shall mean and refer to the "Declaration of Covenants, Conditions, and Restrictions of Applewood Preserve Filing #2" contained herein. ARTICLE 2 ARCHITECTURAL CONTROL 2.1 Architectural Committee. The purposes of the Committee shall be to carry out the duties and obligation imposed under the terms of the Declaration. The Architectural Committee shall establish rules and regulations to carry out the purposes and intent of the Declaration, as amended, and to enforce the Architectural Committee's rules and regulations. The Architectural Committee shall have jurisdiction over all of the real property subject to the terms of the Declaration. 2.2 Membershio. The initial Architectural Committee shall be composed of Jeff Scott, Daniel F. Schneider, and Michael J. Schneider. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor such representatives as it may designate shall be entitled to any compensation for services performed pursuant to this Covenant. When the last of the twelve (3) Lots has been sold and closed, each of the individual lot owners shall replace the existing Architectural control committee within 60 days of the final closing. 2.3 Term. The Elected Members of the Committee shall not serve for longer than a one (2) year term. Any and all vacancies on the Committee may be filled by a vote of the majority of the remaining members. 2.4 Votes or Voting. At all meetings of the Architectural Committee, a majority of the members of the Committee shall constitute a quorum for the transaction of business, and a vote present at a meeting at which a quorum is present shall constitute a decision of the Architectural Committee. 2.5 Regulations. The Committee shall have the right to make such reasonable rules and regulations and provide such means and employ such agents as will enable it adequately and properly to carry out the provisions of this Declaration. Page 2 (initial) Applewood Preserve Filing p2 Dulantion of Covenants. Conditions and Resniefiou 2.6 Approval of Plans. No building (additions of accessory), fence, wall or other structure shall be commenced, erected, or maintained, nor shall any addition to or change or alteration therein be trade until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, location and approximate cost of structure have been submitted to and approved in writing by the committee. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in the event, if no suit to enjoin the erection of such building, such approval will not be required and the related Covenants shall be J deemed to have been complied with. In addition to the other criteria set forth herein, the committee shall determine whether the proposed improvements will protect the then value and future value of the properties located within the subdivision and to be erected therein. The Committee shall, in the exercise of its judgment and determination, use reason and good faith. Among the other considerations applied, the Committee will determine and base its approval of rejection upon determination of whether said improvements are reasonably compatible with other improvements planned or erected in the property described in this Declaration. 2.8 Limitation of Liability. The Committee shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it. Neither the Declarant, the Committee, nor any individual member of the Architectural Committee acted with malice or wrongful intent. 2.4 Approval by the Committee. Approval by the Committee does not necessarily assure approval by the appropriate governmental board or commission of the appropriate city, county or state authorities. Page 3 (initial) Applewood Preserve Filing p2 Declaration of Covenants, Conditions and Restrictions Notwithstanding that the Architectural Committee has approved plans and specifications, neither the Declarant, the Architectural Committee, or any individual members of the Architectural Committee shall be responsible or liable to any Owner, developer, or contractor with respect to a loss, liability, claim or expense which may arise by reason of such approval or the construction of the proposed improvement or alteration. Neither the Declarant, the Architectural Committee, or any individual members of the Architectural Committee shall be responsible for any defects in any plans or specification submitted, revised or approved in accordance with the provisions of the Declaration, as amended, and the Architectural Committee rules and regulations; nor shall they be responsible for any structural or other defects in any work done according to such plans and specifications. In all events, the Architectural Committee, and individual members thereof shall be defended and indemnified by the Owners in any such suit or proceeding; provided, however, that the Architectural Committee adjudged to be liable for negligence of misconduct in the performance of his duty as a member of the Architectural Committee unless, and only to the extent that the Court in which such action or suit may be brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such county shall deem proper. The provisions of this Article shall not be applicable to the Declarant nor to any builder successor in interest to the Declarant. The Declarant agrees that it shall endeavor to cause any successor builder not controlled by the Declarant to adhere to the design and material guide lines used by declarant in developing the properties. 2.10 Cure of Owner's Default. If any Owner breaches any of the covenants, restrictions or provisions of this Declaration, and fails to cure the same within thirty (30) days after written notice is given by the Architectural Committee, them the Architectural Committee may, at its option, cure said breach. Any amounts spent by reasonable attorneys fees and interest thereon, computed at the rate of eighteen (18%) percent per annum from the date that said sums are paid, shall be due from the breaching Lot Owner upon demand by the Architectural Committee. The total sum of these amounts shall be charged against the Lot and improvement thereon, shall be a continuing lien thereon, and shall be the personal obligation of the breaching Owner. The Architectural Committee may bring an action at law against the breaching owner to collect said sums or may foreclose the lien against the lot and the improvements thereon in the same manner as provided for foreclosing a mortgage lien, or at the option of the Architectural Committee, in such other manner is available at law or in equity. Said lien shall be subordinate to the lien of any first mortgage or first deed of trust secured upon such Lot. The sale or transfer of such Lot shall not extinguish the lien as to any amounts which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to a foreclosure of a first mortgage or any proceeding or deed in lieu thereof, shall extinguish the lien for a charge which became due prior to such sale or transfer, but shall not release the breaching Owner from personal liability for such charge. No sale or transfer (whether by foreclosure or otherwise) shall relieve a Lot from Liability form any lien occurring subsequent to any such sale or transfer. 2.11 Architectural Committee's Right of Entry. During reasonable hours and upon reasonable notice, any member of the Architectural Committee, or any authorized representative of the Committee Page 4 (initial) Applmaod Preserve Filing N2 ncclarstion orcovenant% Conditions and Restrictions shall have the right to enter upon and inspect any Lot, excluding the interior of any residence located thereon, to determine whether the provisions of this Declaration and the Architectural Committee rules are being complied with by the Owner of said Lot. ARTICLE 3 PERMITTED USES AND RESTRICTIONS 3.1 Land Use and Building TyM. No site shall be used except for residential purposes. Only single family dwellings, private attached garages for not less than two (2) cars and other out buildings incidental to residential use shall be erected, altered, placed or permitted to remain on any site. 3.2 Architectural Control. No building shall be erected, placed, or altered on any site until the construction plans and specifications, and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Article 2 of the Declaration. 3.3 Dwelling and Size. Each primary dwelling constructed on a Lot shall be comprised of a minimum of 1500 square feet for a single story "ranch style" dwelling and 2000 square feet for a multi- story dwelling (with the first story of a multi story dwelling above ground level to be comprised of at least 1200 square feet with such minimum square footage to be exclusive of any garages, patios, basements or accessory buildings). Each residence shall have, at a minimum, a two (2) car attached garage and shall be of size at least large enough to completely cover two standard six passenger automobiles. 3.4 Existing Residence. The exsiting residence located at 9733 West 32nd Avenue shall remain and the Owner of Lot 2 agrees to provide a landscape plan within 90 days of purchase which is acceptable to the Architectural Control Committee. In the event that the plan is not acceptable, the Owner shall resubmit a revised plan within 10 days of written notice of non-approval for consideration. This process shall continue until a plan is approved. The timeframe for completion of the plan shall be 45 days. If the entire plan is not completed within 45 days of written approval, the Owner of Lot 2 agrees to a $25.00 per day compensation to be paid to the Architectural Control Committee until the landscaping is completed. The disposition of the compensation shall be at the discretion of the Architectural Control Committee. 3.5 Move and Set. All construction on Lot 1 and 3 shall be new construction and no previously erected building, structure, or improvement shall be moved and set upon any Lot from any other location, except for temporary structures used for marketing purposes by the Declarant. 3.6 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, or planting of other Page 5 (initial) Appiewood Preserve Filing N2 Declaration of Covenants, Conditions and Restrictions materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. The easements are on each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which public authority of one or more utility companies is responsible. 3.7 Nuisance. No noxious or offensive activity shall be carried on upon any site, nor shall anything be done thereon which may become an annoyance or nuisance in the neighborhood. Without limiting the generality of the foregoing provisions, no horns, whistles, bells or other items used / exclusively for such purposes, shall be located, used or placed on any property. 3.8 Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other out-building shall be used on any site at any time as a residence, either temporarily or permanently, except temporary structures may be used by Declarant for marketing purposes. 3.9 Water and Sewer. No individual water supply system shall be permitted on any site, and all dwellings must attach such facilities when provided by Consolidated Mutual Water Company and Westridge Sanitation District to serve the area. 3.10 Fences. All fences to be constructed on property within the subdivision, shall be wood, brick, or ornamental iron construction and shall be no more than six (6) feet in height. Fences shall be designed and constructed in a manner that will not change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. 3.11 Partial Perimeter Wall. A partial perimeter wall, planters and other permanent structures (collectively referred to as "Structures") may have been an improvement on the real property at the time of purchase by the Lot 1 Owner. Such Lot Owners shall own these Structures in fee simple and it shall be such Lot Owners' responsibility to insure, maintain, repair and replace such Structures, as necessary. All Lot Owners shall provide access to their property, if necessary, for the maintenance, repair or replacement of these Structures. 3.12 Mail Boxes. All mail boxes on the property within the Property shall be set in brick post or brick post with attached planter. Upon request, the Architectural Committee shall furnish the design of the mail box. 3.13 Livestock and Poultrv. Livestock on the property will be limited to the number of horses permitted by current zoning. No poultry or other livestock shall be permitted, raised, bred, kept, or maintained for any commercial purpose, and provided further, such dogs, cats, or other household pets shall not exceed three (2) of any one type of animal for each site. No bee keeping is allowed of any kind. 3.14 Storage of Boats. Campers. Trailer. Etc. Boats, campers, trailers, or other recreational vehicles can be stored or permitted to remain on the site provided that they are not parked on the private Page 6 (initial) Applewood Preserve Filing 92 Deelarotion of Covennnts, Condldons and Restrictions street that accesses the Lots and provided that such vehicles are within enclosed areas which do not allow the visual observation of majority of such vehicles from the street and/or adjacent properties. Fenced areas, using minimum 6-foot privacy fences and/or trees and landscaping, and/or garages are acceptable. 3.15 Garbage and Refuse Disposal. No site shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall be kept in a covered sanitary container, not visible from the street except as noted in Section 3.15. All equipment for the storage of such material shall be kept in a clean and sanitary condition. 3.16 Trash Containers and Collection. No garbage, rubbish or trash shall be placed or kept on any lot except in as noted above. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same reasonably necessary to effect such collection. No rubbish or debris of any kind shall be placed or permitted to accumulate upon adjacent to any Lot, and no odors shalt be permitted to accumulate upon adjacent to any Lot, and no odors shall be permitted to arise therefrom so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No incinerators shall be kept or maintained on any Lot. 3.17 Motor Vehicles. No automobile, motorcycle, motorbike or other motor vehicle shall be constructed or reconstructed or repaired upon any Lot or street unless completely worked on within a garage with an operating garage door, and no inoperable vehicle may be stored or parked on any Lot or on Union Court, so as to be visible from neighboring property or visible from any street, provided, however, that the provisions of this section shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with the construction of any improvement approved by the Architectural Committee. This restriction shall include all vehicles, whether covered or not. 3.18 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the use, maintenance or repair of the residence, appurtenant structures, or other improvements constructed by the Declarant or approved by the Architectural Committee. 3.19 Parking. All vehicles of Owners and their lessees, employees, guests, and invitees shall be kept in garages, carports or residential driveways of the Owners wherever and whenever such facilities are sufficient to accommodate the number of vehicles on a Lot, provided, however, this Section shall not be construed to permit the parking in the above described areas of any vehicle whose parking is otherwise prohibited by this Declaration or the parking of any inoperable vehicle. 3.20 Sims. No sign of any kind shall be displayed to the public view or any site except one professional sign of not more than one (1) square foot, or a sign of not more than five (5) square feet advertising the property for sale or rent, or signs used and erected by a builder to advertise the property during the period when construction and sales of new dwellings occur. 3.21 Radio and TV Antennas. No radio antennas, TV antennas or television receivers of any type Page 7 (initial) Applewood Preserve Filing N2 Dedaratton of Covenants, Conditions and Restriclions shall be erected or installed unless completely enclosed within the primary dwelling, without the written express approval of the Architectural Committee. 3.22 Garages and Driveways. The interior of all garages situated on any Lot shall be maintained in a neat, clean and sightly condition. Garages shall be used only for the parking of vehicles and the storage of normal household supplies and materials and shall not be used or converted for living quarters or recreational activities without the prior written approval of the Architectural Committee. Driveways shall consist of concrete or stone only and the design shall beb approved by the Architectural Control Committee. 3.23 Utility Services. No structure, landscaping or other improvements shall be placed, erected or maintained upon any area designated on the plat as public utility easement which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of drainage channels in such easement areas. Such public utility easement areas and all improvements thereon, shall be maintained by the Owner of the Lot on which the easement area is located unless such easement area is to be maintained by the utility company or a county, municipality or other public authority. 3.24 Repair of Buildings. No building, landscaping or other improvement upon any Lot shall be permitted to fall into disrepair, and each such building, landscaping or other improvement shall at all times be kept in good condition and repair by the owner thereof. 3.25 Mineral Exploration. No Lot shall be used in any manner to explore for or to remove any oil or other hydrocarbons, minerals of any kind, gravel, earth, or any earth substance of any kind and no derrick or other equipment designed or intended for any such activity shall be erected, placed, constructed, or maintained on any Lot. 3.26 Fuel Tanks. No fuel tanks of any kind shall be erected, placed or maintained on the property except for propane or similar fuel tanks permitted under the ordinances of the appropriate county, municipality or governmental agency. 3.27 Window Coverings. No reflective materials, including, but without limitation, aluminum foil, reflective screens or glass, mirrors or similar type items, shall be installed or placed upon the outside or inside of any windows of any residence or other structure without prior written approval of the Architectural Committee. 3.28 Encroachments. No tree, shrub or planting of any kind on any Lot shall be allowed to overhang or otherwise encroach upon any property line or other area from ground level to a height of eight (8) feet. 3.29 Siaht Distance at Intersections. No fence, wall, hedge or shrub planting shall be placed or permitted to remain on any comer site except in conformity with the applicable resolution, regulations and restrictions of the City of Wheat Ridge and agencies of the County of Jefferson, State of Colorado, nor shall any tree be permitted to remain on any corner site except in conformity with the applicable Page 8 (initial) Applewood Preserve Flung p2 Deelarafion of Covenants, Conditions and Restrictions resolution, regulations and restrictions of the City of Wheat Ridge and agencies of the County of Jefferson, State of Colorado, nor shall any tree be permitted to remain within such areas unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. 3.30 Clothes Dryine Facilities & Storage. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Lot unless they are erected, placed, or maintained in such a manner as to not be visible from the street or the second floor of neighboring property. No dog runs, wood piles, or storage area shall be located as to be visible from the street, road, or common property. 3.31 Exterior Lighting No light shall be emitted from any Lot which is unreasonably bright or caused unreasonable glare. 3.32 Landscanp on Lots. In the event the front and side yards of any Lot are not landscaped prior to the sale of such Lot to a Homeowner, within nine (9) months from the close of the sale of such Lots, the Owner shall have fully landscaped said Lot in accordance with a landscape plan approved by the Architectural Committee. Each owner shall maintain his Lot in a neat and attractive condition with landscaped areas trimmed. 3.33 Declarant's Exemption. Nothing contained in this Declaration shall be constructed to prevent the Declarant, or its authorized agents, from erecting or maintaining structures, improvements or signs necessary or convenient to the construction, development, identification, or sale of Lots or other property within the project. The Declarant is hereby expressly permitted to use the Lots for model home and parking purposes as is necessary or convenient to the sale of Lots and homes within the project. 3.34 Setbacks. Building setbacks will be applied to all homes in accordance with the City of Wheat Ridge building standards which are 30 feet from the front property line and side building setbacks of 15 feet from the property line. 3.35 Exterior Mechanical ui ment. All exterior mechanical equipment shall be screened from view and in accordance with the Declaration and approval by the Architectural Control Committee. 3.36 Street Lighting. All lots are subject to and bound by Public Service Company tariffs which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado relating to street lighting in this subdivision, together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The owner or owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to Public Service Company rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the state of Colorado. 3.37 Creation of Lien and Personal Obligation of Special Assessments. The Developer, for each Lot owned by it within, hereby covenants and each Owner of any Lot be acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agree to pay any special assessments, together with such interest thereon, and costs of Page 9 (initial) Applewood Preserve Filing #2 Declaration of Covenants. Conditions and Restrictions collection thereof as hereinafter provided, and said amounts shall be a charge on the property and shall be a continuing lien upon the property against which each assessment is made. Each such special assessment, together with such interest thereon, cost of collection and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the special assessment fell due. The personal obligation for delinquent special assessment shall not pass to his successors in title unless expressly assumed by them. 3.38 Purpose of Special Assessment. The special assessments levied by their Architectural Control Committee shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of Applewood Preserve Filing #2 and in particular for expenses associated with enforcement of the provisions of this Declaration and/or special assessments levied by the utility companies serving the subdivision as of the date of closing by the Lot owner. 1 l ARTICLE 4 MAINTENANCE OF LOTS Each Owner shall maintain his/her residence and Lot in good repair and attractive condition. The yards, landscaping and surrounding areas on all improved Lots shall be neatly and attractively maintained, and shall be cultivated and planted to the extent required to maintain an appearance in harmony with other improved lots. During prolonged absence, an Owner shall arrange for the continued care and upkeep of his Lot In the event a Lot Owner fails to maintain his Lot and residence in a neat and proper manner, the Architectural Committee may have the Lot and residence repaired and cleaned up and may charge the Owner for said work in accordance with the provisions of Article 2. An Owner shall do no work that will impair any utility easement nor shall any Owner do an act or allow any condition to exist which will adversely affect any of the other Lots and residences or of other Owners. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed on any Lot so that they are visible from any neighboring Lot or from the private road and/or street. In the event any structure is destroyed either wholly or partially by fire or other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundation, and all debris shall be promptly removed from the property. Any weeds growing on each Lot shall at all times be controlled and maintained as to keep the property in a sightly condition. In the event that a "Weed Cutting Notice" is posted by the City of Wheat Ridge, the Lot owner shall have 10 days to cure such notice. If not cured within the 10 days, the Architectural Control Committee shall cause the weeds to be removed and the Lot owner agrees to pay the actual cost of the service plus an additional $250.00 which is payable within 3 days of notice to the Lot owner. ARTICLE 5 SOLAR ACCESS RIGHTS Page 10 (initial) Appiewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions 5.1 ApElicability. The provisions of Article 3 shall be applicable to all Lots and the Owners thereof, and shall take precedence over any terms in this Declaration that may conflict with the solar access rights established hereby. 5.2 Architectural Committee Approval. All plans and specifications for proposed solar collector units must be approved in writing by the Architectural Committee. Such Committee approval shall encompass among other things, not only the solar collector, but any architectural change in the residence or other improvement that is necessary as a result of the proposed solar collector installation. ARTICLE 6 GENERAL PROVISIONS 6.1 Terms. These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of 25 years from the date that they are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then Owners of the sites has been recorded agreeing to terminate said covenants or changing them in part or in whole. 6.2 Enforcement. The Architectural Control Committee, or any Owner, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Architectural Control Committee or by an Owner to enforce any covenant of restriction herein contained shall jn no event be deemed as a waiver to the right to do so thereafter. 6.3 Amendments and Special Amendments. These covenants and restrictions may be amended during the first five (5) years from the day of the Declaration by an instrument signed by not less than 2 of the 3 Lot owners. Any amendment must be properly be recorded. Notwithstanding the foregoing and in addition to any other provisions contained in this Declaration, the Developer reserves and is granted the right and power to record a Special Amendment to this Declaration to this Declaration at any time and from time to time that amends this Declaration (1) to comply with requirements of the Veterans Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently by such entities, and/or (2) to induce any such agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Lots. A vote of consent of the Owners shall not be required for any such Special Amendment. Each Owner, by acceptance of his/her deed or other instrument of conveyance for a Lot, acknowledges and consents to the reservation by the Declarant of the right and the power to make, execute and record Special Amendments as aforesaid. 6.4 Notices. Any notice required to be sent to any Member od Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner of record at the time of such mailing. 6.5 Severability. Invalidation of any one of these covenants by judgment or court order shall in no Page II (initial) Applenood Preserve Filing N2 Declaration of Covenants, Conditions and Restrictions wise affect any of the other provisions which shall remain in full force and effect. ARTICLE 7 APPLEWOOD PRESERVE FILING 112 ARCHITECTURAL CONTROL COMMITTEE 7.1 Business Office. The principal office of the Architectural Control Committee shall be located at 1782 Swadley Street, Lakewood, Colorado, 80215-1100 until further notice. 7.2 Members. There shall be three Members of the Architectural Control Committee. The Architectural Control Committee will hold meeting as necessary to carry out the business as described in the "Rules of Architectural Control - Applewood Preserve Filing N2" and enforcement of the "Declaration of Covenants, Conditions, and Restrictions of Applewood Preserve Filing N2" at a place and time to be determined by the Architectural Control Committee. 7.3 Purpose of the Architectural Control Committee. The Architectural Control Committee duties and responsibilities are outlined in Article 2 of this Declaration. ARTICLE 8 EASEMENTS AND LICENSES 8.1 Recording Data. All easements and licenses to which the Community is presently subject are recited on the recorded plat. Additional easements and licenses that may be given after the recording of the plat shall be kept on file at the business office of the Architectural Control Committee. 8.2 Easements. All easements and licenses to which the Community is presently subject are recited on the recorded plat and such other easements as may be established pursuant to the provisions of this Declaration. Declarant reserves unto itself and its successors for a period of 6 (6) years from the date hereof easements, without further consent, to construct, use, maintain and repair utilities under and across any property including, but not limited to, individually platted Lots. Declarant may abandon such easements without in any way being obligated to remove the utilities installed therein. IN WITNESS WHEREOF, Declarant, Jeff Scott, has caused this Declaration of Covenants, Conditions and Restrictions of Applewood Preserve Filing N2. BY: Jeff Scott, Owner Page 12 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions 13 Page 13 (initial) Applewood Preserve Filing N2 Declaration of Covenants, Conditions and Restrictions Exhibit A Lot 1, 2, and 3, Applewood Preserve Filing #2, Jefferson County, Colorado Page 14 (initial) Scott-Biit, Inc. 1782 Swadley Court Lakewood, Colorado 80215 Gerry and Kerry Zarlengo 2542 Taft Court Lakewood, Colorado 80215-1100 Subject: Construction Services - Remodelling Project Address: 2542 Taft Court, Lakewood, Colorado 11127/01 Invoice No. 01-545-04 R1f YX1RH1wf HlifwfHH# YY#Y##..Yfti 1I##f#!#1Y#f #H##f#}4fH #1##HHf1ff fHHfHH;f HIHHR;fHfff111wf INVOICE ff;RRR#lfllf f1fHR#I;#1R RH4l L4ek#0.Y# #H##f##H1f f#t1t1t#f#fR ;ffif eflHH flHlflMfl;R of flffHHiHif;Hff Task Description Rate 1.0 Plan revisions $ 449.62 2.0 Windows balance $ 16,205.44 3.0 Project Management 25% /s TOTAL DUE Units Extension 1.0 $ 449.62 1.0 $ 16,205.44 $ 4,163.77 $ 20,818.83 October 23, 2002 HAND DELIVERED Ms. Meredith Reckert Department of Planning City of Wheat Ridge 7500 West 29a` Avenue Wheat Ridge, Colorado 80215 A REEVED Subject: Covenant Revisions - 11 at Ridge, Colorado Case No. MS-O1-03 Dear Meredith, I have reviewed the covenants of record for Applewood Preserve Filing #1 and for Filing #2 and have the following comments: 1. Sections 7.5 and 7.7 place the maintenance of the stormwater detention pond and stormwater detention swales on Filing # 2 entirely the sole responsibility of the developer of Filing #1. 2. With reference to the comments regarding maintenance of drainage swales within Filing #2, Sections 3.6 and 3.10 contain the following language: From Section 3.6 "Within these easements, no structure, or planting of other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. From Section 3.10: Fences shall be designed and constructed in a manner that will not change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. Both of these sections specifically provide for preserving the functionality of the drainage swales. 2. With regard to the sanitary sewer, I have spoken with both Tim Flynn, the attorney for Westridge Sanitation District, and Dick Romberg, the engineer for Westridge Sanitation District. Both have indicated that the new sanitary sewer line that was installed to serve both Filing #1 and Filing #2, will entirely be responsibility of Westridge Sanitation District as are all lines that are accepted by the sanitation district. The line has been "technically accepted" via verification by video inspection. According to Mr. Flynn, the district is in the process of "legally" accepting the line. (The original easement language is being slightly modified from the original easement procured by the previous owner, David Schneider). Specifically, the sanitation district does not want any homeowners association being responsible for the district's line. The responsibility for the maintenance of the detention pond as stated under Section 7.5 is entirely home by the homeowners association of Filing #1. This language was specifically required as a condition of subdivision approval by staff. Therefore, since the pond storage is private property it is not legally possible for Filing #2 lot owners to maintain or promise to maintain the detention pond. For the record, I have offered Lou Ficco to sign an agreement offering sharing of the cost of annual maintenance but he has declined as of the date of the writing of this letter. It is my opinion that the covenants of record clearly protect the intention of the City to have the drainage swales' designed functionality. Please call me if you would like to discuss the contents of this letter or if I can answer any questions. Sinc ely, n l / Daniel F. Schneider, P. E. City of Wheat Ridge Planning and Development Department Memorandum TO: Case No. MS-01-03 file FROM: 4eredith Reckert SUBJECT: HOA Covenants DATE: January 8, 2002 Today I forwarded comments to Dan Schneider regarding the proposed homeowners associations covenants for the Applewood Preserve Subdivision Filing No. 2. The following are my comments: 1. On page 6, Section 3.13, there is a typo regarding the number of animals allowed. It reads as follows and should be corrected "not exceed three (2) of any type." 2. On page 7, the allowance for home occupation signs is in conflict with the city code in that per section 26-613 no signage is allowed for home occupations. 3. There are no provisions for maintenance of the storm drainage system located in Tract A of the Applewood Preserve Subdivision Filing No. 1. This must be addressed. 4. There are no provisions for maintenance of the sanitary sewer system located on private property west of the connection with Independence Street. This must be addressed. i Applewood Preserve Filing 42 Declaration of Covenants, Conditions and Restrictions DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF APPLEWOOD PRESERVE FILING #2 THIS DECLARATION is made on this 14th of December, by Jeff Scott hereinafter referred to as the "Declarant" with an office at 1782 Swadley Street, Lakewood, Colorado 80215. WHEREAS, Declarant is the Owner of certain real property in the County of Jefferson, State of Colorado, which is more particularly described as set forth in Exhibit A ( Applewood Preserve Subdivision Filing 2 plat) attached hereto and incorporated herein by this reference. WHEREAS, Declarant intends to develop and improve the above described tract of land and lots or units included in said tract, and is desirous of subjecting all of said tract of land and lots to certain covenants, agreements, easements, restrictions, conditions and charges as hereinafter set forth. NOW, THEREFORE, Declarant declares that all of the real estate described in Exhibit A shall be held or sold, and conveyed subject to the following covenants, agreements, easements, restrictions, and conditions which are for the purpose of protection the value and desirability of the real estate and which shall run with the real interest in the described properties or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS Each term not otherwise defined in this Declaration or in the plat or map shall have the definitions specified or used in the Act. 1.1 Architectural Committee. Shall mean the committee established pursuant to Article 2 of this declaration. 1.2 Architectural Committee Rules. Shall mean the rules adopted by the Architectural Committee. 1.3 Declarant. Shall mean and refer to Jeff Scott and his successors and assigns if such successor or assign should acquire one or more developed or undeveloped lot from the Declarant. 1.4 Unit or Lot. Shall mean and refer to any plot of land or portion of the Property which is designated for separate ownership which boundaries are described in or determined for the Declaration. 1S.Owner. Shall iii2 the record Owner, whether one or more persons or entities, of a fee simple iri'any Lot~tvhich is__ a of Applewood Preserve Filing #2, including Declarant and contract Pagel (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions purchasers, but excluding those having such interest merely as security for the performance of an obligation. 1.6 Property or Project. Shall mean the real property described in this Declaration together with all building and other improvements located thereon, and all easements, rights and appurtenances belonging thereto. 1.7 Covenants. Shall mean and refer to the "Declaration of Covenants, Conditions, and Restrictions of Applewood Preserve Filing #2" contained herein. ARTICLE 2 ARCHITECTURAL CONTROL 2.1 Architectural Committee. The purposes of the Committee shall be to carry out the duties and obligation imposed under the terms of the Declaration. The Architectural Committee shall establish rules and regulations to carry out the purposes and intent of the Declaration, as amended, and to enforce the Architectural Committee's rules and regulations. The Architectural Committee shall have jurisdiction over all of the real property subject to the terms of the Declaration. 2.2 Membership. The initial Architectural Committee shall be composed of Jeff Scott, Daniel F. Schneider, and Michael J. Schneider. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor such representatives as it may designate shall be entitled to any compensation for services performed pursuant to this Covenant. When the last of the twelve (3) Lots has been sold and closed, each of the individual lot owners shall replace the existing Architectural control committee within 60 days of the final closing. 2.3 Term. The Elected Members of the Committee shall not serve for longer than a one (2) year term. Any and all vacancies on the Committee may be filled by a vote of the majority of the remaining members. 2.4 Votes or Voting. At all meetings of the Architectural Committee, a majority of the members of the Committee shall constitute a quorum for the transaction of business, and a vote present at a meeting at which a quorum is present shall constitute a decision of the Architectural Committee. 2.5 Regulations. The Committee shall have the right to make such reasonable rules and regulations and provide such means and employ such agents as will enable it adequately and properly to carry out the provisions of this Declaration. 2.6 Approval of Plans. No building (additions of accessory), fence, wall or other structure shall be Page 2 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions commenced, erected, or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, location and approximate cost of structure have been submitted to and approved in writing by the committee. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in the event, if no suit to enjoin the erection of such building, such approval will not be required and the related Covenants shall be deemed to have been complied with. In addition to the other criteria set forth herein, the committee shall determine whether the proposed improvements will protect the then value and future value of the properties located within the subdivision and to be erected therein. The Committee shall, in the exercise of its judgment and determination, use reason and good faith. Among the other considerations applied, the Committee will determine and base its approval of rejection upon determination of whether said improvements are reasonably compatible with other improvements planned or erected in the property described in this Declaration. 2.8 Limitation of Liability. The Committee shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it. Neither the Declarant, the Committee, nor any individual member of the Architectural Committee acted with malice or wrongful intent. 2.9 Approval by the Committee. Approval by the Committee does not necessarily assure approval by the appropriate governmental board or commission of the appropriate city, county or state authorities. Page 3 (initial) Applewood Preserve Filing H2 Declaration of Covenants, Conditions and Restrictions Notwithstanding that the Architectural Committee has approved plans and specifications, neither the Declarant, the Architectural Committee, or any individual members of the Architectural Committee shall be responsible or liable to any Owner, developer, or contractor with respect to a loss, liability, claim or expense which may arise by reason of such approval or the construction of the proposed improvement or alteration. Neither the Declarant, the Architectural Committee, or any individual members of the Architectural Committee shall be responsible for any defects in any plans or specification submitted, revised or approved in accordance with the provisions of the Declaration, as amended, and the Architectural Committee rules and regulations; nor shall they be responsible for any structural or other defects in any work done according to such plans and specifications. In all events, the Architectural Committee, and individual members thereof shall be defended and indemnified by the Owners in any such suit or proceeding; provided, however, that the Architectural Committee adjudged to be liable for negligence of misconduct in the performance of his duty as a member of the Architectural Committee unless, and only to the extent that the Court in which such action or suit may be brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such county shall deem proper. The provisions of this Article shall not be applicable to the Declarant nor to any builder successor in interest to the Declarant. The Declarant agrees that it shall endeavor to cause any successor builder not controlled by the Declarant to adhere to the design and material guide lines used by declarant in developing the properties. 2.10 Cure of Owner's Default. If any Owner breaches any of the covenants, restrictions or provisions of this Declaration, and fails to cure the same within thirty (30) days after written notice is given by the Architectural Committee, them the Architectural Committee may, at its option, cure said breach. Any amounts spent by reasonable attorneys fees and interest thereon, computed at the rate of eighteen (18%) percent per annum from the date that said sums are paid, shall be due from the breaching Lot Owner upon demand by the Architectural Committee. The total sum of these amounts shall be charged against the Lot and improvement thereon, shall be a continuing lien thereon, and shall be the personal obligation of the breaching Owner. The Architectural Committee may bring an action at law against the breaching owner to collect said sums or may foreclose the lien against the lot and the improvements thereon in the same manner as provided for foreclosing a mortgage lien, or at the option of the Architectural Committee, in such other manner is available at law or in equity. Said lien shall be subordinate to the lien of any first mortgage or first deed of trust secured upon such Lot. The sale or transfer of such Lot shall not extinguish the lien as to any amounts which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to a foreclosure of a first mortgage or any proceeding or deed in lieu thereof, shall extinguish the lien for a charge which became due prior to such sale or transfer, but shall not release the breaching Owner from personal liability for such charge. No sale or transfer (whether by foreclosure or otherwise) shall relieve a Lot from Liability form any lien occurring subsequent to any such sale or transfer. 2.11 Architectural Committee's Right of Entrv During reasonable hours and upon reasonable notice, any member of the Architectural Committee, or any authorized representative of the Committee shall have the right to enter upon and inspect any Lot, excluding the interior of any residence located Page 4 (initial) Applewood Preserve Filing N2 Declaration or Covenants, Conditions and Restrictions thereon, to determine whether the provisions of this Declaration and the Architectural Committee rules are being complied with by the Owner of said Lot. ARTICLE 3 PERMITTED USES AND RESTRICTIONS 3.1 Land Use and Building Type. No site shall be used except for residential purposes. Only single family dwellings, private attached garages for not less than two (2) cars and other out buildings incidental to residential use shall be erected, altered, placed or permitted to remain on any site. 3.2 Architectural Control. No building shall be erected, placed, or altered on any site until the construction plans and specifications, and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Article 2 of the Declaration. 3.3 Dwelling and Size. Each primary dwelling constructed on a Lot shall be comprised of a minimum of 1500 square feet for a single story "ranch style" dwelling and 2000 square feet for a multi-story dwelling (with the first story of a multi story dwelling above ground level to be comprised of at least 1200 square feet with such minimum square footage to be exclusive of any garages, patios, basements or accessory buildings). Each residence shall have, at a minimum, a two (2) car attached garage and shall be of size at least large enough to completely cover two standard six passenger automobiles. 3.4 Existing Residence. The exciting residence located at 9733 West 32nd Avenue shall remain and the Owner of Lot 2 agrees to provide a landscape plan within 90 days of purchase which is acceptable to the Architectural Control Committee. In the event that the plan is not acceptable, the Owner shall resubmit a revised plan within 10 days of written notice of non-approval for consideration. This process shall continue until a plan is approved. The timeframe for completion of the plan shall be 45 days. If the entire plan is not completed within 45 days of written approval, the Owner of Lot 2 agrees to a $25.00 per day compensation to be paid to the Architectural Control Committee until the landscaping is completed. The disposition of the compensation shall be at the discretion of the Architectural Control Committee. 3.5 Move and Set. All construction on Lot 1 and 3 shall be new construction and no previously erected building, structure, or improvement shall be moved and set upon any Lot from any other location, except for temporary structures used for marketing purposes by the Declarant. 3.6 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, or planting of other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. Page 5 (initial) Applewood Preserve FSling 42 Declaration of Covenants, Conditions and Restrictions The easements are on each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which public authority of one or more utility companies is responsible. 3.7 Nuisance. No noxious or offensive activity shall be carried on upon any site, nor shall anything be done thereon which may become an annoyance or nuisance in the neighborhood. Without limiting the generality of the foregoing provisions, no horns, whistles, bells or other items used exclusively for such purposes, shall be located, used or placed on any property. 3.8 Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other out-building shall be used on any site at any time as a residence, either temporarily or permanently, except temporary structures may be used by Declarant for marketing purposes. 3.9 Water and Sewer. No individual water supply system shall be permitted on any site, and all dwellings must attach such facilities when provided by Consolidated Mutual Water Company and Westridge Sanitation District to serve the area. 3.10 Fences. All fences to be constructed on property within the subdivision, shall be wood, brick, or ornamental iron construction and shall be no more than six (6) feet in height. Fences shall be designed and constructed in a manner that will not change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in the easements. 3.11 Partial Perimeter Wall. A partial perimeter wall, planters and other permanent structures (collectively referred to as "Structures") may have been an improvement on the real property at the time of purchase by the Lot 1 Owner. Such Lot Owners shall own these Structures in fee simple and it shall be such Lot Owners' responsibility to insure, maintain, repair and replace such Structures, as necessary. All Lot Owners shall provide access to their property, if necessary, for the maintenance, repair or replacement of these Structures. 3.12 Mail Boxes. All mail boxes on the property within the Property shall be set in brick post or brick post with attached planter. Upon request, the Architectural Committee shall famish the design of the mail box. 3.13 Livestock and Poultry. Livestock on the property will be limited to the number of horses permitted by current zoning. No poultry or other livestock shall be permitted, raised, bred, kept, or maintained f mmercial purpose, and provided further, such dogs, cats, or other household pets shall not exceed Uee(2) f any one type of animal for each site. No bee keeping is allowed of any kind. 3. of Boats Cam ers Trailer Etc. Boats, campers, trailers, or other recreational vehicles can be stored or permitted to remain on the site provided that they are not parked on the private street that accesses the Lots and provided that such vehicles are within enclosed areas which do not allow the visual observation of majority of such vehicles from the street and/or adjacent properties. Fenced areas, using minimum 6-foot privacy fences and/or trees and landscaping, and/or garages are acceptable. Page 6 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions 3.15 Garbage and Refuse Disposal. No site shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall be kept in a covered sanitary container, not visible from the street except as noted in Section 3.15. All equipment for the storage of such material shall be kept in a clean and sanitary condition. 3.16 Trash Containers and Collection. No garbage, rubbish or trash shall be placed or kept on any lot except in as noted above. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same reasonably necessary to effect such collection. No rubbish or debris of any kind shall be placed or permitted to accumulate upon adjacent to any Lot, and no odors shall be permitted to accumulate upon adjacent to any Lot, and no odors shall be permitted to arise therefrom so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No incinerators shall be kept or maintained on any Lot. 3.17 Motor Vehicles. No automobile, motorcycle, motorbike or other motor vehicle shall be constructed or reconstructed or repaired upon any Lot or street unless completely worked on within a garage with an operating garage door, and no inoperable vehicle may be stored or parked on any Lot or on Union Cso as to be visible from neighboring property or visible from any street, provided, however, fflaT e Wr4it provisions of this section shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with the construction of any improvement approved by the Architectural Committee. This restriction shall include all vehicles, whether covered or not. 3.18 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the use, maintenance or repair of the residence, appurtenant structures, or other improvements constructed by the Declarant or approved by the Architectural Committee. 3.19 Parking. All vehicles of Owners and their lessees, employees, guests, and invitees shall be kept in garages, carports or residential driveways of the Owners wherever and whenever such facilities are JO sufficient to accommodate the number of vehicles on a Lot, provided, however, this Section shall not be construed to permit the parking in the above described areas of any vehicle whose parking is otherwise prohibited by this Declaration or the parking of any inoperable vehicle. 3.20 Signs. No sign of any kind shall be displayed to the public view or any site except one professional sign of not more than one (1) square foot, or a sign of not more than five (5) square feet advertising the property for sale or rent, or signs used and erected by a builder to advertise the property during the period when construction and sales of new dwellings occur. 3.21 Radio and TV Antennas. No radio antennas, TV antennas or television receivers of any type shall be erected or installed unless completely enclosed within the primary dwelling, without the written express approval of the Architectural Committee. Page 7 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions 3.22 Garages and Driveways. The interior of all garages situated on any Lot shall be maintained in a neat, clean and sightly condition. Garages shall be used only for the parking of vehicles and the storage of normal household supplies and materials and shall not be used or converted for living quarters or recreational activities without the prior written approval of the Architectural Committee. Driveways shall consist of concrete or stone only and the design shall beb approved by the Architectural Control Committee. 3.23 Utility Services. No structure, landscaping or other improvements shall be placed, erected or maintained upon any area designated on the plat as public utility easement which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of drainage channels in such easement areas. Such public utility easement areas and all improvements thereon, shall be maintained by the Owner of the Lot on which the easement area is located unless such easement area is to be maintained by the utility company or a county, municipality or other public authority. 3.24 Repair of Buildings. No building, landscaping or other improvement upon any Lot shall be permitted to fall into disrepair, and each such building, landscaping or other improvement shall at all times be kept in good condition and repair by the owner thereof. 3.25 Mineral Exploration. No Lot shall be used in any manner to explore for or to remove any oil or other hydrocarbons, minerals of any kind, gravel, earth, or any earth substance of any kind and no derrick or other equipment designed or intended for any such activity shall be erected, placed, constructed, or maintained on any Lot. 3.26 Fuel Tanks. No fuel tanks of any kind shall be erected, placed or maintained on the property except for propane or similar fuel tanks permitted under the ordinances of the appropriate county, municipality or governmental agency. 3.27 Window Coverings. No reflective materials, including, but without limitation, aluminum foil, reflective screens or glass, mirrors or similar type items, shall be installed or placed upon the outside or inside of any windows of any residence or other structure without prior written approval of the Architectural Committee. 3.28 Encroachments. No tree, shrub or planting of any kind on any Lot shall be allowed to overhang or otherwise encroach upon any property line or other area from ground level to a height of eight (8) feet. 3.29 Sight Distance at Intersections No fence, wall, hedge or shrub planting shall be placed or permitted to remain on any corner site except in conformity with the applicable resolution, regulations and restrictions of the City of Wheat Ridge and agencies of the County of Jefferson, State of Colorado, nor shall any tree be permitted to remain on any comer site except in conformity with the applicable resolution, regulations and restrictions of the City of Wheat Ridge and agencies of the County of Jefferson, State of Colorado, nor shall any tree be permitted to remain within such areas unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. 3.30 Clothes Drying Facilities & Storage. Outside clotheslines or other outside facilities for drying Page S (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions or airing clothes shall not be erected, placed or maintained on any Lot unless they are erected, placed, or maintained in such a manner as to not be visible from the street or the second floor of neighboring property. No dog runs, wood piles, or storage area shall be located as to be visible from the street, road, or common property. 3.31 Exterior Lighting. No light shall be emitted from any Lot which is unreasonably bright or caused unreasonable glare. 3.32 Landscaping on Lots. In the event the front and side yards of any Lot are not landscaped prior to the sale of such Lot to a Homeowner, within nine (9) months from the close of the sale of such Lots, the Owner shall have fully landscaped said Lot in accordance with a landscape plan approved by the Architectural Committee. Each owner shall maintain his Lot in a neat and attractive condition with landscaped areas trimmed. 3.33 Declaranfs Exemption. Nothing contained in this Declaration shall be constructed to prevent the Declarant, or its authorized agents, from erecting or maintaining structures, improvements or signs necessary or convenient to the construction, development, identification, or sale of Lots or other property within the project. The Declarant is hereby expressly permitted to use the Lots for model home and parking purposes as is necessary or convenient to the sale of Lots and homes within the project. 3.34 Setbacks. Building setbacks will be applied to all homes in accordance with the City of Wheat Ridge building standards which are 30 feet from the front property line and side building setbacks of 15 feet from the property line. 3.35 Exterior Mechanical Equipment. All exterior mechanical equipment shall be screened from view and in accordance with the Declaration and approval by the Architectural Control Committee. 3.36 Street Lighting. All lots are subject to and bound by Public Service Company tariffs which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado relating to street lighting in this subdivision, together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The owner or owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to Public Service Company rates, rules and regulations, including future amendments and changes on file with the Public Utilities Commission of the state of Colorado. 3.37 Creation of Lien and Personal Obligation of Special Assessments The Developer, for each Lot owned by it within, hereby covenants and each Owner of any Lot be acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agree to pay any special assessments, together with such interest thereon, and costs of collection thereof as hereinafter provided, and said amounts shall be a charge on the property and shall be a continuing lien upon the property against which each assessment is made. Each such special assessment, together with such interest thereon, cost of collection and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the special assessment fell due. The personal obligation for delinquent special assessment shall not pass to his Page 9 (initial) Applewood Preserve Filing 92 Declaration of Covenants, Conditions and Restrictions successors in title unless expressly assumed by them. 3.38 Purpose of Special Assessment. The special assessments levied by their Architectural Control Committee shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of Applewood Preserve Filing 92 and in particular for expenses associated -with enforcement of the provisions of this Declaration and/or special assessments levied by the utility companies serving the subdivision as of the date of closing by the Lot owner. ARTICLE 4 MAINTENANCE OF LOTS Each Owner shall maintain his/her residence and Lot in good repair and attractive condition. The yards, landscaping and surrounding areas on all improved Lots shall be neatly and attractively maintained, and shall be cultivated and planted to the extent required to maintain an appearance in harmony with other improved lots. During prolonged absence, an Owner shall arrange for the continued care and upkeep of his Lot. In the event a Lot Owner fails to maintain his Lot and residence in a neat and proper manner, the Architectural Committee may have the Lot and residence repaired and cleaned up and may charge the Owner for said work in accordance with the provisions of Article 2. An Owner shall do no work that will impair any utility easement nor shall any Owner do an act or allow any condition to exist which will adversely affect any of the other Lots and residences or of other Owners. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed on any Lot so that they are visible from any neighboring Lot or from the private road and/or street. In the event any structure is destroyed either wholly or partially by fire or other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundation, and all debris shall be promptly removed from the property. Any weeds growing on each Lot shall at all times be controlled and maintained as to keep the property in a sightly condition. In the event that a "Weed Cutting Notice" is posted by the City of Wheat Ridge, the Lot owner shall have 10 days to cure such notice. If not cured within the 10 days, the Architectural Control Committee shall cause the weeds to be removed and the Lot owner agrees to pay the actual cost of the service plus an additional $250.00 which is payable within 3 days of notice to the Lot owner. ARTICLE 5 SOLAR ACCESS RIGHTS 5.1 Applicability. The provisions of Article 3 shall be applicable to all Lots and the Owners thereof, and shall take precedence over any terms in this Declaration that may conflict with the solar access rights established hereby. 5.2 Architectural Committee Approval. All plans and specifications for proposed solar collector units must be approved in writing by the Architectural Committee. Such Committee approval shall encompass Page 10 (initial) Applewood Preserve Filing 42 Declaration of Covenants, Conditions and Restrictions among other things, not only the solar collector, but any architectural change in the residence or other improvement that is necessary as a result of the proposed solar collector installation. ARTICLE 6 GENERAL PROVISIONS 6.1 Terms. These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of 25 years from the date that they are recorded after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then Owners of the sites has been recorded agreeing to terminate said covenants or changing them in part or in whole. 6.2 Enforcement. The Architectural Control Committee, or any Owner, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Architectural Control Committee or by an Owner to enforce any covenant of restriction herein contained shall in no event be deemed as a waiver to the right to do so thereafter. 6.3 Amendments and Special Amendments. These covenants and restrictions may be amended during the first five (5) years from the day of the Declaration by an instrument signed by not less than 2 of the 3 Lot owners. Any amendment must be properly be recorded. Notwithstanding the foregoing and in addition to any other provisions contained in this Declaration, the Developer reserves and is granted the right and power to record a Special Amendment to this Declaration to this Declaration at any time and from time to time that amends this Declaration (1) to comply with requirements of the Veterans Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently by such entities, and/or (2) to induce any such agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Lots. A vote of consent of the Owners shall not be required for any such Special Amendment. Each Owner, by acceptance of his/her deed or other instrument of conveyance for a Lot, acknowledges and consents to the reservation by the Declarant of the right and the power to make, execute and record Special Amendments as aforesaid. 6.4 Notices. Any notice required to be sent to any Member od Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner of record at the time of such mailing. 6.5 Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. ARTICLE 7 APPLEWOOD PRESERVE FILING #2 ARCHITECTURAL CONTROL COMMITTEE Page 11 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions 7.1 Business Office. The principal office of the Architectural Control Committee shall be located at 1782 Swadley Street, Lakewood, Colorado, 80215-1100 until further notice. 7.2 Members. There shall be three Members of the Architectural Control Committee. The Architectural Control Committee will hold meeting as necessary to carry out the business as described in the "Rules of Architectural Control - Applewood Preserve Filing #2" and enforcement of the "Declaration of Covenants, Conditions, and Restrictions of Applewood Preserve Filing #2" at a place and time to be determined by the Architectural Control Committee. 7.3 Purpose of the Architectural Control Committee. The Architectural Control Committee duties and responsibilities are outlined in Article 2 of this Declaration. ARTICLE 8 EASEMENTS AND LICENSES 8.1 Recording Data. All easements and licenses to which the Community is presently subject are recited on the recorded plat. Additional easements and licenses that may be given after the recording of the plat shall be kept on file at the business office of the Architectural Control Committee. 8.2 Easements. All easements and licenses to which the Community is presently subject are recited on the recorded plat and such other easements as may be established pursuant to the provisions of this Declaration. Declarant reserves unto itself and its successors for a period of 6 (6) years from the date hereof easements, without further consent, to construct, use, maintain and repair utilities under and across any property including, but not limited to, individually platted Lots. Declarant may abandon such easements without in any way being obligated to remove the utilities installed therein. IN WITNESS WHEREOF, Declarant, Jeff Scott, has caused this Declaration of Covenants, Conditions and Restric 'ons of Applewood Preserve Filing #2. BY: Jeff Scott, Owner r t'~ p Page 12 (initial) Applewood Preserve Filing #2 Declaration of Covenants, Conditions and Restrictions Exhibit A Lot 1, 2, and 3, Applewood Preserve Filing #2, Jefferson County, Colorado Page 13 (initial) by the Board of Directors. Presently, the annual assessment is $250.00 per Lot, payable January 1st of each year to the Business Office, except the Developer will pay 25% of the regular Owner's assessment for each developed Lot held, unless the Lot is occupied by a mobile sales facility. The Board of Directors shall fix the assessments and may raise or lower said assessed amounts as they may deem necessary in their discretion. Such assessments are secured by a continuing lien upon the Lot against which the assessment is made. d F i Ma 1 Appk~wotd P~crerre- S.J66 7.5 Storm Waterbetentiou Pond. In order to ensure the long-term function of the detention pond located in Tract A en ~y the maintenance of the storm water detention pond will be the responsibility of the homeowners association. Maintenance shall include, but not be limited to, regular debris removal, landscape maintenance and keeping the metering structure operative. 7.6 Maintenance of Common Landscaping. The landscaping along West 32nd Avenue between the back of the walk and the perimeter fencing for Lot 1 shall be the responsibility of the Owner of Lot 1. 7.7 Maintenance of Storm Water Conveyance Swales. The Owner of each Lot, except for those improvements for which public authority of one or more utility companies is responsible, shall maintain maintenance of the storm water conveyance swales along the eastern and western perimeters of the subdivision continuously. eF Appiewooa aeserm- S..b. Filieu~ Ne. 1 7.8 Mai enance of the Sanitary Sewer. Maintenan of the sanitary sewer line from the edge of the Property to the manhole in Independence Street shapthe responsibility of the Association, unless the sewer line casement between edge of the Property 14d the manhole located in Independence Street is given to the applicable Sewer District. ARTICLE 8 EASEMENTS AND LICENSES 8.1 Recording Data. All easements and licenses to which the Property is presently subject are recited in Exhibit A 8.2 Easements. All easements and licenses to which the Property is presently subject are provided for upon the recorded plat and set forth in Exhibit A, and such other easements as may be established pursuant to the provisions of this Declaration Declarant reserves unto itself and its successors for a period of six (6) years from the date hereof easements, without further consent, to construct, use maintain and repair utilities under and across any property including, but not limited to, individually platted Lots. Declarant may abandon such easements without in any way being obligated to remove the utilities installed therein. 11 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Rid v) 303/ 235-2846 FAX 303/235-2857 June 21, 2002 Dan Schneider 3866 Union Court Wheat Ridge, CO 80033 Dear Dan: This letter is in regard to the Applewood Preserve Subdivision Filing No. 2. At the time of this writing, you have not resubmitted homeowners association covenants for the city to review in accordance with our January 8, 2002, conversation and Alan White's letter dated January 18, 2002 (copy attached). _ Building permits for new construction will not be issued until the covenants have been revised in accordance with my original comments, resubmitted and re-recorded with the Jefferson County Clerk and Recorder's Office. If you have any questions, feel free to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner c:vl'"..- M Alan White Greg Knudson 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 bleat Moe Telephone 303/ 235-2846 FAX 303/235-2857 January.18, 2002 Dan Schneider 3866 Union Court Wheat Ridge, CO 80033 Dear Dan: This letter is in regard to the Applewood Preserve Subdivision Filing No. 2 which was approved with conditions by Planning Commission on November 15, 2001. Although the plat document has been recorded, there are still outstanding items which need to be addressed. • The subdivision approval process was based on public street access, storm drainage system and use of utilities installed in the adjacent subdivision (Applewood Preserve Subdivision Filing No. 1). At the time of application for the second filing, the developer of the adjacent subdivision gave verbal concurrence regarding use of improvements installed at his expense but nothing was prd'in writing. -Written concurrence consenting to the use of these facilities must be provided. • The parkland dedication fee in the amount of $4704 is outstanding. On January 8, 2002, you had a conversation with Meredith Reckert about the content of the proposed homeowners association covenants. Ms. Reckert informed you that the covenants needed to be revised because there were no provisions for the maintenance of the storm drainage system and the sanitary sewer system improvements located within the Applewood Preserve Filing No. 1 Subdivision. She requested the changes be made and the covenants be resubmitted for review. It has come to my attention that you have recorded the covenants without authorization of the city. • These covenants must be amended in accordance with Ms. Reckert's comments, resubmitted and re-recorded. Please be advised that no building permits for new construction will be issued until the items specified above are resolved. The City currently has no system or formula for cost recovery for physical improvements relating to development. If you and the adjacent developer choose to start negotiations to share these costs, the city is available to facilitate such a meeting. If you would like to discuss this further, I can be reached at 303-235-2844. , Sincerely Alan White, AICP Director of Planning and Development c: Case No. MS-01-03 Bob Goebel Randy Young David Schneider F, le. The City of 7500 WEST 29TH AVENUE WH CO 80215-6713 WHEAT RIDGE, , (303) 234-5900 W heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRidge March 12, 2002 Mr. David Schneider Applewood Building Company, Inc. 3331 Oak St. Wheat Ridge, CO 80033 Re: Applewood Preserve Filing No. 2 To Whom It May Concern: This letter is in regard to the subdivision known as Applewood Preserve Filing No. 2 which consists of three lots adjacent to the platted right-of-way of Iris Court north of 32' Avenue. Applewood Preserve Filing 2 was approved with a plan for drainage that conveyed stormwater to the detention pond in Filing 1, Filing 1 was approved with an oversized pond with the expectation that the pond would need to accommodate the developed flows from Filing 2. Because this pond is on private property and will be maintained by the homeowners association for Filing 1, the owner of Filing 2 is being required to provide written approval from the owner of Filing 1 for use of the pond. There are other issues of shared utilities (sanitary sewer, water, electric, and gas) that the City of Wheat Ridge does not control and that will need to be worked out by the two owners. Regardless of the terms of any agreement between the owners, permits will be issued by the City to construct the utility mains in the Iris Court right-of-way to whomever wishes to construct them, subject to any changes for Filing 2 as noted below and subject to the design for the utilities meeting the City's requirements. The recorded covenants for Filing 2 will need to be amended to reflect staff required changes. One of these changes involves the inclusion of language to share in the maintenance of the detention pond in Filing 1. Until these issues are resolved, no building permits will be issued in Filing 2. These are the requirements for Filing 2 as it was proposed and approved. Filing 2 was approved under the assumption that the infrastructure for Filing 1 would be in place when construction began in Filing 2. It is conceivable that the owner of Filing 2 could modify the drainage and other civil engineering plans to develop the three lots independently of Filing 1. This would require the construction of a street prior to any building permits being issued for Filing 2. All plans for Filing 2, other than the subdivision plat itself, would need to be re-submitted and approved. Under this scenario, approval from the owner of Filing 1 would still be needed for use of the detention pond even if individual ponds were located on the three lots of Filing 2 and discharged at historic rates. This is because the contributing flows from both the detained release and the release from the street would be concentrated at one location and would not replicate the historic sheet flow pattern onto Filing 1. If you have any questions, I can be contacted at 303-235-2844. Sincerely, ~~l C./UU Alan C. White, AICP Planning and Development Director a RECYCLED PAPER 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone 303/ 235-2846 FAX 303/235-2857 January 18, 2002 Dan Schneider 3866 Union Court Wheat Ridge, CO 80033 Dear Dan: This letter is in regard to the Applewood Preserve Subdivision Filing No. 2 which was approved with conditions by Planning Commission on November 15, 2001. Although the plat document has been recorded, there are still outstanding items which need to be addressed. The subdivision approval process was based on public street access, storm drainage system and use of utilities installed in the adjacent subdivision (Applewood Preserve Subdivision Filing No. 1). At the time of application for the second filing, the developer of the adjacent subdivision gave verbal concurrence regarding use of improvements installed at his expense but nothing was provided in writing. Written concurrence consenting to the use of these facilities must be provided. The parkland dedication fee in the amount of $4704 is outstanding. On January 8, 2002, you had a conversation with Meredith Reckert about the content of the proposed homeowners association covenants. Ms. Reckert informed you that the covenants needed to be revised because there were no provisions for the maintenance of the storm drainage system and the sanitary sewer system improvements located within the Applewood Preserve Filing No. 1 Subdivision. She requested the changes be made and the covenants be resubmitted for review. It has come to my attention that you have recorded the covenants without authorization of the city. These covenants must be amended in accordance with Ms. Reckert's comments, resubmitted and re-recorded. Please be advised that no building permits for new construction will be issued until the items specified above are resolved. The City currently has no system or formula for cost recovery for physical improvements relating to development. If you and the adjacent developer choose to start negotiations to share these costs, the city is available to facilitate such a meeting. If you would like to discuss this further, I can be reached at 303-235-2844. Sinc rely, G C Alan White, AICP Director of Planning and Development c: Case No. MS-01-03 Bob Goebel Randy Young David Schneider Jefferson County Assessor System General: information ID:39-272-00-033 11 Property Address:09733 W 32ND AVE Assessor Home Jeffco Home WHEAT RIDGE CO 80033 New Search IlMailing Address:09733 W 32ND AVE Page 1 of 1 II WHEAT RIDGE CO 80033 100 Jefferson County Pkwy I Neighborhood:0406 Area:2 Golden, Colorado 80419 303.271.8600 Subdivision Name:N/A ale Date Sale A 9-83-0801 C~ 9-81-0527 I 9-94-0829 C 0-01-0625 ;cords Disclaimer 273197 c information is prepared as an ongoing commitment to the public to provide accurate, q up-to-date information to the public. is an informational service and will be maintained during normal business hours, 8 am Mondays through Fridays. If any service interruption in service occurs during nonbus rs, the problem will be addressed at the beginning of the next business day. in County makes every effort to produce and publish the most current and accurate p ition possible. Jefferson County assumes no liability whatsoever associated with the of this public data. Send mail to assessor ico.'efferson cous with questions or comments about this Web Site. Copyright © 2000, Jefferson County, Colorado. All rights reserved. Last modified: May 01, 2001 http://ww4. co.j efferson.co.uslappslservletlats.atsdisplay?search=6&seh=020942&ptype=l6.. 1/21/2002 Jefferson County Assessor System Actual Assessor Home Jeffco Home New Search 319,000~1 3 Assessed Value Assessed 100 Jefferson County Pkwy Golden, Colorado 80419 303.271.8600 1 Dist 3141~1 3 Levv TBA82. assessed:4-18-2001 Disclaimer: Page 1 of 1 information is prepared as an ongoing commitment to the public to provide -ate, quality and up-to-date information to the public. his is an informational service and will be maintained during normal business hour a.m. to 5 p.m., Mondays through Fridays. If any service interruption in service :curs during non-business hours, the problem will be addressed at the beginning of e next business day. I County makes every effort to produce and publish the most current and property information possible. Jefferson County assumes no liability ver associated with the use or misuse of this public data. Send mail to assessor a co,iefferson.co is with questions or comments about this Web Site. Copyright ® 2000, Jefferson County, Colorado. All rights reserved. Cast modified: May 01, 2001 http://ww4.co.jefferson.co.uslappslservletlats.atsdisplay?search=5&sch=020942&ptype=16.. 1/21/2002 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Meat Telephone 303/235-2846 Ridge FAX 303/235-2857 December 12, 2001 Jeff Scott 9733 W. 32nd Ave. Wheat Ridge, CO 80033 Dear Mr. Scott: Please be advised that at its meeting of November 15, 2001; the Planning Commission APPROVED your request of a three-lot minor subdivision on Residential zoned land at 9733 West 32nd Avenue, subject to the following reasons: 1. The proposed subdivision meets several of the criteria of the residential site design requirements. 2. All minimum requirements of the R-1 development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. With the following conditions: 1. The site plan be made a second sheet of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation and provide for maintenance of drainage structures and sanitary sewer improvements not in the city's right-of-way. 4. The developer contribute 5% of the land value as cash-in-lien of land dedication for parks and recreation purposes. 5. The developer and city arborist work together to protect trees on the east side of the property at 9733 West 32' Avenue. 6. No building will take place until the drainage system is in place. 7. The developer be required to pay for paving half oflris Street abutting the subdivision. At its regular meeting on December 6, 2001, the Planning Commission reconsidered this case for the limited purpose of removing the condition that the developer pay half of the cost to pave Iris Street in front of the subdivision (#7). The Commission then acted to remove that condition. In light of this action of the Commission, your appeal to City Council dated November 21, 2001, is unnecessary and will not be scheduled for Council consideration. If you have questions or concerns regarding this letter or the action of the Commission, please don't hesitate to contact the Planning Department. Jeff Scott Page 2 December 12, 2001 Please revise the plat document accordingly, then submit 2 copies of the revised plat document on paper to allow for staff review prior to submitting the mylar for recording. Please feel free to contact me at 303-235-2846 if you have any questions. Sine 0, l Alan C. White, AICP Planning and Development Director ~ Kathy Fi~eld Planning Secretary Enclosure: Draft of Minutes cc: MS-O1-03 WamywcaersTL,w Om CO SPA PV MS\Msooos 5. APPROVE MINUTES It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the minutes of November 15, 2001 as presented. The motion passed 5-0 with Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. 6. PUBLIC FORUM There was no one to appear before the Commission. x 7. PUBLIC HEARING A. Case No. MS-01-03: Reconsideration of condition of approval of Scott Subdivision. V( Commissioner BRINKMAN questioned whether or not she would be able to vote on this case since she was absent during the original hearing. Jerry Dahl stated that she would not be able to vote on this case. Jerry Dahl presented this matter. This case was approved at the November 15, 2001 Planning Commission hearing with a condition to "require the developer to pay for paving half of Iris Street abutting the subdivision." Mr. Dahl was of the opinion that this condition could not be imposed. The developer of the adjacent subdivision is already responsible for construction of the entire length and width of Iris Court and the City does not have any cost recovery legislation in Chapter 26. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE that the Planning Commission reconsider Case No. MS-01-03 for the limited purpose of deleting the condition requiring the cost sharing of the construction of Iris Court. The motion passed 4-1-1 with Commissioner SNOW voting no, Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to approve Case No. MS-01-03 with all conditions previously stated with the exception of the cost sharing condition. Commissioner SNOW stated she would not support the motion because, in the past, when developers have built simultaneously (as in this situation) both developers have been required to share the cost of the street. A vote was taken on the motion which passed 3-2-1 with Commissioners SNOW and L COLLINS voting no, Commissioner BRINKMAN abstaining and Commissioners PLUMMER and WEISZ absent. B. Case No. WZ-00-09 (continued from October 4,2001): An application by John Elway Autonation for approval of a preliminary and final development plan and final plat for property zoned Planned Commercial Development (PCD) and located at 3501 Wadsworth Boulevard for the purpose of operating an automotive dealership. Planning Commission Page 2 December 6, 2001 3. Lighting on the east side be limited to recessed lighting under the canopy only. 4. Signage on the east side of the building shall be deleted or prohibited. Commissioner SNOW requested an amendment to include a fifth condition to provide for a right-in and right-out access only onto Youngfield. The amendment was accepted by Commissioner PLUMMER. Commissioner SNOW commented that the hours of operation of the drive-through facility are limited on the present plan to 7:00 a.m. to 11:00 p.m. She stated that she would vote in favor of the application if the time limitation stays. Commissioner THOMPSON requested an amendment to the fourth condition to add the words "south side" in addition to the east side. The amendment was accepted by Commissioner PLUMMER. Commissioner THOMPSON moved and Commissioner PLUMMER seconded that the second note on the development plan be amended to allow the drive-through window to be open for a 24-hour period. The motion passed 6-1 with Commissioner SNOW voting no and Commissioner BRINKMAN absent. A vote was taken on the main motion which passed 7-0 with Commissioner BRINKMAN absent. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-01-07, a request for approval of a final subdivision plat for property located at 12700 West 32"d Avenue, be approved for the following reasons: 1. The plat is consistent with the standards and requirements in Chapter 26. With the following condition: 1. The access easement which serves the cell tower be relocated so as to provide continued access to the lessees, that the subdivision plat be redrawn and approved by the staff prior to being recorded with the county, and if there is any disagreement about the access relocation, it wui come back to Planning Commission. The motion passed unanimously. B. Case No. MS-01-03: Application by Jeff Scott for approval of a three-lot minor subdivision plat on property zoned Residential-One and located at 9733 West 32°d Avenue. The case was presented by Alan White. He reviewed the staff report and presented slides and overheads of the subject property. He entered all pertinent documents into the record and advised the Commission that proper posting and noticing procedures had been followed and there was jurisdiction to hear the case. Staff recommended approval for reasons and with Planning Commission November 15, 2001 conditions as outlined in the staff report. He entered into the record a letter dated October 9, 2001, from Kim Tomlinson, 9625 West 32°d Avenue, expressing concern about the possibility of the loss of evergreen trees on her property which borders the proposed subdivision. Commissioner WEISZ asked if the proposed subdivision would aggravate drainage that is place for the existing subdivision. Mike Garcia replied that the drainage plan is more than adequate to handle drainage from the proposed development. In response to a question from Commissioner COOPER about the effect on Ms. Tomlinson's trees, Mr. White replied that this would be a question for the city forester. Commissioner PLUMMER commented that his experience indicates that a 15-foot setback should prevent any damage to the trees. There could, however, be a problem if the 10-foot utility easement were opened up to put utilities underground. Jeff Scott Mr. Scott, owner of subject property, was sworn in by Chair McNAMEE. Since all administrative and engineering requirements have been met, he requested approval of the application. John Gammon 3305 Independence Court Mr. Gammon was sworn in by Chair McNAMEE. He voiced opposition to the application based on his concern about drainage and that, with the high water table in the, area, there could be water damage to existing residences as a result of the proposed development. Ron Roush 9845 West 34th Drive Mr. Roush was sworn in by Chair McNAMEE. He expressed concern about effects of drainage on the existing residences because there is already so much water in the area. He requested the city to look into a storm drain system that would go along the upside of the existing ditch rather than running along 35th Drive. Mike Garcia stated that Mr. Roush's suggestion was investigated however, Rocky Mountain Ditch refuses to accept storm drain water. He also stated that the drainage system will be in place and operative before actual development takes place. Kim Tomlinson 9625 West 32nd Avenue Ms. Tomlinson was sworn in by Chair McNAMEE. She expressed concern about 75-year-old evergreen trees along her property line that abuts the proposed development. Alan White stated that he would have the city arborist evaluate this situation. Robert English 9920 West 34th Drive Mr. English was sworn in by Chair McNAMEE. He suggested building a deeper trench along 34d' Drive which would hold more water and release to the north. Planning Commission November 15, 2001 Daniel F. Schneider Mr. Schneider, engineer for the applicant, was sworn in by Chair McNAMEE. He stated.that he believed the utilities along Ms. Tomlinson's property line are on overhead power lines that would remain in place and, further, the new homes should have a minimum of 30-foot back yards. He also stated that existing drainage system was designed assuming that some time in the future the area would be developed. In response to a question regarding liability for drainage from Commissioner COLLINS, Mike Garcia stated that the drainage engineer would be responsible for liability resulting from his plans. Eloise Newell 9870 West 34`h Drive Ms. Newell was sworn in by Chair McNAMEE. She stated that she had been to all of the previous meetings and hearings on this application and had never heard any mention that the drainage system was in place to take on more drainage in the future. Mike Garcia commented that the engineer had to consider historic drainage from the north in his evaluations. Ms. Newell expressed concern that she understood the city had to pay out approximately $100,000 to correct a drainage problem caused by one of the applicant's previous developments within the city. She objected to her tax money being spent this way. She also expressed concern that the subject development would cause water damage to existing properties. Daniel Schneider returned to the podium. He stated that eleven revisions were made to the original drainage plan before final approval by city engineers. Ron Roush returned to the podium to state that he is not opposed to the subdivision but wants to make sure that every precaution is taken to protect the existing homeowners. Robert English returned to the podium to express concern about liability for existing water or sewer lines. He checked with his insurance company who advised him to take out more insurance for possible broken lines from his house to the right-of-way because the developer's liability only exists up to the right-of-way. He expressed concern that it would be necessary for the developer to cut through thirty-three lines to install the drainage system. Chair McNAMEE asked if there were others who wished to address the Commission. Hearing no response, she closed the public hearing. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. MS-01-03, a request for approval of a three-lot minor subdivision.at 9733 West 32"d Avenue be approved for the following reasons. 1. The proposed subdivision meets several of the criteria of the residential site design requirements. 2. All minimum requirements of the R-1 development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. Planning Commission Page 6 November 15, 2001 With the following conditions: 1. The site plan be made a second sheet.of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation. 4. The developer contribute 5% of the land value as cash-in-lieu of land dedication for parks and recreation purposes. 5. The developer and city arborist work together to protect trees on the east side of the property at 9733 West 32nd Avenue. Commissioner SNOW offered an amendment to add the following words to the third condition: "and provide for maintenance of drainage structures and sanitary sewer / improvements not in the city's right-of-way". The amendment was accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to add a sixth condition to provide that no building will take place until the drainage system is in place. The amendment was accepted by Commissioner THOMPSON. Commissioner SNOW offered an amendment to add a seventh condition which would require the developer to pay for paving half of Iris Street abutting the subdivision. / Commissioner THOMPSON asked if the city could legally ask the developer to pave ha tl street. Alan White stated that he believed this was a reasonable condition. The ame mei was accepted by Commissioner THOMPSON. Alan White referred to the amendment to the third condition and commented that the sanitary sewer would eventually be the responsibility of Westridge Sanitation District. A vote was taken on the amended motion which passed 7-0 with Commissioner BRINKMAN absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Election of Officers: Janice Thompson was elected as Planning Commission chair and Nancy Snow was elected as vice-chair. 10. COMMISSION REPORTS There were no commission reports. 11. COMMUTTEE AND DEPARTMIENT REPORTS There were no committee or department reports. Planning Commission Page November 15, 2001 OF WHEgTP City of Wheat Ridge Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director OAP SUBJECT: Case No. MS 01-03, Scott Subdivision DATE: November 30, 2001 At the Planning Commission hearing on November 15, 2001 when this minor subdivision was approved, one condition was added to the approval which would "require the developer to pay for paving half of Iris Street abutting the subdivision." After consulting the City Attorney, his opinion is that this condition cannot be imposed. The developer of the adjacent subdivision is already responsible for construction of the entire length and width of Iris Court and the City does not have any cost recovery legislation in Chapter 26. The Attorney is advising that this condition should be reconsidered at the next regular meeting of the Commission. Staff is requesting reconsideration of this condition. The Attorney will be present at the December 6`h hearing. FINAL PLAT- I REVIEW AND CONTACT RECORD Contact Number: 2 Date Received: 11/06/01 Date Reviewed: 11/07/01 SUBDIVISION NAME: Anolewood Preserve Subdivision - Filing No.2 SURVEYOR: Name: Roger A. Vermaas, P.L.S. Aspen Surveying Address: 2933 S. Peoria Street, Ste G -10 Aurora, CO 80014 Phone: (303) 750-4590 Fax: (303) 750-0646 City Representative: David F. Brossman, P.L.S. REMARKS: 1 : All comments have been addressed. 2: 3: 4: 5: 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. Surveying Representative: Roger A. Vermaas, P.L.S. Remarks: The above comments are as of the date reviewed and may not reflect all comments from other reviewing departments or agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. CIT Y OF WHEAT RIDGE CITY CLERK'S OFFICE 01 NOV 21 PM 2: 22 November 21, 2001 Attention: City Clerk Re: case MS-01-03 City Council: As per my conversation with Alan White on November 19, 2001, 1 would like to appeal the condition imposed by planning commission regarding my responsibility for 172 the cost to pave Iris Court in front of my subdivision. Sincerely, Je cott 303-888-8326 ~ - tAeV~ n ,Zzz,c ~ CITY OF WHEAT RIDGE CITY CLERK'S OFFICE 01 NOV 21 PM 2= 22 November 21, 2001 Attention: City Clerk Re: case MS-01-03 City Council: As per my conversation with Alan White on November 19, 2001, 1 would like to appeal the condition imposed by planning commission regarding my responsibility for 1/2 the cost to pave Iris Court in front of my subdivision. Sincerely, L(::Z~--~ Je cott 303-888-8326 sCN4 6~~ c Q~ 'J\'\~o h- is--off October 9, 2001 To Whom It May Concern: My name is Kim Tomlinson and I live at 9625 W 32nd Rue, which is next door to the property under consideration tonight. My concern about the proposed 3-lot subdivision at 9733 W 32nd Rue is how close to the property line the proposed home sites will be. On mg west property line there are approximately 12 very old and large evergreen trees, which add greatly to the value of my home. I'm concerned that when digging starts for the basements of the new homes that the root systems on those old evergreen trees will be severed and result in the trees dying. That creates two problems for me, first the value of my property would decrease significantly with the loss of the trees if they should die and second the cost of having to remove that many dead trees would be substantial, and more than I could afford. I also am concerned about the changing view of the neighborhood. In other words all the homes in this neighborhood now sit on fairly large pieces of property, and give this neighborhood a certain feeling of spaciousness. With so many homes being added in such a small geographic area I'm afraid the neighborhood will begin to look overcrowded. Please continue to keep me informed of future meetings regarding this proposal as it's impact affects me greatly. Thank you, ~n Kim Tomlinson 9625 W 32nd Rue Wheat Ridge, Colorado Zi glq.5 /1JU foP 1VAeOU PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 15, 2001 /l/s -ai- 03 - Ay~~ /ci~ T/o/✓ 6L JeiFF xI~ or 3 1oT /,V6 a, So60ZU/5/n,t/ f/ Cc Ez AT e),r) /1 ~i7 A1c0 R 60&27 AT q-73'3 /J-5T 7 . ~d AL)C- Name 7r7/1AJ (FFm w ? (Please Print) Address In Favor/Opposed [tl 330.5- !n/A fl /Di A/C/E C~~ ®GPDSF~ IV_ U , 4d 3L6 Dze 9"72-0 w 3 4 o P aos~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: November 15, 2001 DATE PREPARED: November 8, 2001 CASE NO. & NAME: MS-01-03/Scott CASE MANAGER: Reckert ACTION REQUESTED: Approval of a three-lot minor subdivision LOCATION OF REQUEST: 9733 West 32nd Avenue NAME & ADDRESS OF APPLICANT(S): Jeff Scott 9733 West 32"d Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): same APPROXIMATE AREA: .92 acre PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family Residence SURROUNDING ZONING: N, W, E: R-1; S; Jefferson County SURROUNDING LAND USE: N, W, E: Single family residential; S: Jefferson County Open Space COMPREHENSIVE PLAN FOR THE AREA: N/A DATE PUBLISHED: November 1, 2001 DATE POSTED: November 1, 2001 DATED LEGAL NOTICES SENT: November 1, 2001 ENTER INTO RECORD: Q COMPREHENSIVE PLAN (IQ ZONING ORDINANCE (X) SUBDIVISION REGULATIONS Q OTHER (X) CASE FILE & PACKET MATERIALS Q SLIDES (]Q EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met. Therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a three-lot minor subdivision on property located at 9733 West 32nd Avenue. H. SUBDIVISION DESIGN The property is zoned R-1 and has an existing single family home on it. The property is bordered on two sides (west and north) by the first filing of Applewood Preserve Subdivision which was approved by City Council on August 13, 2001. Attached as Exhibit `A' is a reduced copy of the plat. The proposed second filing will obtain access from Iris Court as platted by Applewood Preserve. No access will be allowed from Lot 1 to West 32°' Avenue via a note on the plat. The second filing will tie into the drainage system for the adjacent subdivision which was designed to accommodate excess storm water capacity. The new lots will also utilize the sanitary sewer improvements completed by the developer of that project. At the time of this writing, the owner has not decided whether the existing house will remain or be demolished. See attached Exhibit `B' which is a site plan for development. If the existing house remains, it will be contained within Lot 2 with setbacks meeting the R-I standards. Included on the site plan are existing, mature trees which will be saved. This site plan will be incorporated into the recorded plan set as a second sheet. Staff has instructed the developer to prepare homeowner's covenants to include provisions for maintenance of the drainage structures and sanitary sewer improvements not located in city right-of-way. The covenants must be reviewed by staff and the city attorney prior to recordation of the plat. In regard to Section 26-504 of the Wheat Ridge Code of Laws, Residential Site Design Standards, staff has the following comments: • By keeping existing trees, construction will not result in the disruption of existing landscaping features and habitat. • Prohibiting access to West 32nd Avenue will reduce the number of access points to a Class 5 street (minor collector). • Drainage ways will be preserved in as natural state as possible with plat notes prohibiting blockage of swales. • All utilities will be underground. All minimum standards of the R-1 zone district regulations have been met or exceeded. All requirements of the Subdivision Regulations have been met. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on October 10, 2001. Attached as Exhibits `C' and `D' are a synopsis of the meeting and a sign-up sheet. The property owner to the east at 9625 West 32' Avenue has voiced concerns over the development of the property. IV. AGENCY REFERRALS All agencies can provide service with improvements completed at the developer's expense. Public Works has approved a drainage report allowing this subdivision's storm drainage to flow to the street and then continue north into the detention pond on Tract A of Applewood Preserve Subdivision. The installation of curb, gutter and sidewalk will be required along Iris Court to match that to the north. The existing access to 32nd Avenue should be eliminated as soon as possible. The Parks and Recreation Commission has requested a contribution of 5% of the land value for parks and recreation purposes. Public Service Company has requested their standard language which has been included on the plat as a plat note. Consolidated Mutual Water District can serve the property subject to their rules and regulations. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that all minimum standards of the R-1 zone district regulations have been met or exceeded and that all requirements of the subdivision regulations have been met. For these reasons, a recommendation of approval is given for Case No. MS-01-03 with the following conditions: L This site plan be made a second sheet of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation. 4. The developer contribute 5% of the land value as cash-in-lieu of land dedication for parks and recreation purposes. VI. RECOMMENDED MOTIONS Option A: "I move to APPROVE Case No. MS-01-03, a request for approval of a three-lot minor subdivision at 9733 West 32nd Avenue, for the following reasons: 1. The proposed subdivision meets several of the criteria of the residential Site Design Requirements. 2. All minimum requirements of the R-1 development standards have been met or exceeded. 3. All minimum requirements of the Subdivision Regulations have been met. With the following condition: 1. The site plan be made a second sheet of the plan set to be recorded with the Jefferson County Clerk and Recorder's office. 2. On the site plan, add the city's standard language regarding tree removal. 3. The homeowners association covenants be reviewed by staff and the city attorney prior to mylar recordation. 4. The developer contribute 5% of the land value as cash-in-lieu of land dedication for parks and recreation purposes. Option B: "I move to DENY Case No. MS-01-03, a request for approval of a three-lot minor subdivision at 9733 West 32" Avenue, for the following reasons: 1. 2. 3." OW22 J 1 _ _ M~,- ssw V- 7 7 71 F. 1 I '[PC WESTHAVEN PARK Z-Ti- PCD - TttH ~2.15 11F 3 ~J Z Z a x ai~ ass 5 ssm ~ sna xss I =ssso~ o~11J H sass ssm ssu ssm ssss ssm ~ ssa yhg ss1s 3K~ 9 35WP 3510 *L. W assn Ave r"• iI ly1 1i R-1 WHEAT RIDGE w e g HIGH SCHOOL R-2 IN. ±i OFFICIAL - ARY NW 27 ZONING MAP PARCEULOT BOUND ES OWNERSHIP ) (DESIGNAT WHEAT RIDGE WATER FEATURE COLORADO ' DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN O 100 200 300 400 FA lm~ (APPROXIMATE LOCATION) DEPARTMENT OF MAP ADOPTED: June 15, 1994 °as° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 October 9, 2001 To Whom It May Concern: My name is Kim Tomlinson and I Rue at 9625 W 32nd flue, which is next door to the property under consideration tonight. My concern about the proposed 3-lot subdiuision at 9733 W 32nd Rue is how close to the property line the proposed home sites will be. On mg west property line there are approximately 12 uery old and large euergreen trees, which add greatly to the ualue of my home. I'm concerned that when digging starts for the basements of the new homes that the root systems on those old euergreen trees will be seuered and result in the trees dying. That creates two problems for me, first the ualue of my property would decrease significantly with the loss of the trees if they should die and second the cost of hauing to remoue that many dead trees would be substantial, and more than I could afford. I also am concerned about the changing uiew of the neighborhood. In other words all the homes in this neighborhood now sit on fairly large pieces of property, and glue this neighborhood a certain feeling of spaciousness. With so many homes being added in such a small geographic area I'm afraid the neighborhood will begin to look ouercrowded. Please continue to keep me informed of future meetings regarding this proposal as it's impact affects me greatly. Thank you, rn v Kim Tomlinson 9625 W 32nd Rue Wheat Ridge, Colorado `~j -6111-08t7- 'A' / F/3o 5 `I'70 FINAL PLAT FOR y 3 S N. ro w LL A >d f e s t i I I ct/s rsn ~ s~~ur tr wy+m raw r-t NPR tH I ~m u N0. NSiN _ - - fom rf - - - - - - - - - - - - - - - - - - 10f Z i u ft~ M1M CY Hp ~a~p I tats i mr ♦ i tm e i tarto r-t I F ASPEN Surveying, Inc. aas s., ncaw amct xrtc o-to r~°(x~af m°0a-~w \ fpAYgNIw1 \ r `.af w W =~q~ v GRAPffiC SCALE f sree l7rw r Vat" ets r I >emrm Ft "IPLMWOOD ~ IM "BDZVMMON SHEET 2 OF 2 O I N \I O M O N O JI I I 0 O J J r O / . D5 ~ z I QW / ~ o f Ixz~ ill , - a~ I h J na.o0' r N89~9'3fi"E m > I ~ I n l e l ~I h LTY~c W _ I III la F Up I x.v .y ° F o C I j ~ - or.ouw El~ewv LOT 21 1- I 7 LOT J & ' WEST 32ND AVE. OP OEPRINCS) 2649.69 S z~ ~d N 91 1 o Q¢ n A w VICINITY MAP N.T.S. DEDICATION CONTAINING 0.9217 ACRES DESCRIBED AS F01_LOWS A TRACT OF LAND LOCATED IN ME SOUTHWEST CNE-OUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 27, -ONNSHIP 3 SLUM. RANGE 59 WEST OF THE BM PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE. JEFFERSON COUNTY COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT ME SOUTHEAST CORNER OF THE NORMWEST 1/4 OF THENCE 5892936"W ON All ASSUMED BEARING ALONG THE BOOM LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 1766.11 FEET; THENCE NODII'4CW, PARALLEL ARM THE EAST LINE OF ME WEST ONE-HALF OF ME SOUTHWEST ONE OF ME NORMWEST ONE OF SAID SECTOR 27 A DISTANCE OF 30.00 FEET TO ME POINT OF BEGINNING, SAID P04T LT1NG ON ME NORTH LINE OF MAT TRACT OF LAND CESCRISEO IN BOOK 184 AT PAGE 511 OF THE JEFFERSON COUNTY RECORDS; THENCE CONTINUING NOD 11'4"W, PARALLEL YAM SAID EAST LINE A DISTANCE OF 365.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 33075045 OF ME JEFFERSON COUNTY RECORDS: THENCE H89'2936"E, ALONG ME NORTH LINE OF SAID TRACT, A DISTANCE OF 1TJGO FEET TO ME NORTHEAST CORNER OF SAID TRACT; THENCE SOOIV'E, ALONG ME EAST LINE CF SAID EAST ONE-HALF. A DISTANCE OF 365.00 FEET TO A POINT ON ME NORTH LINE OF WEST 32ND AVENUE (90' WIDE); THENCE S89'29'36"W, ALONG SAID NORTH LINO, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. SAID SECTOR 27; WNTAINI14G 40149 SQUARE FEET OR 0.9217 ACRES OF LAND, MORE OR LESS BENCHMARK F-412 STAINLESS STEEL ROD IIJ RANGE BOX NOAA O SE CORNER 32nd AVE. & KIPLNG BY STONE SIGN STAMPED 1984 ELEV 5559.707 LEGEND £X6DNG PROPOSED - PROPERTY LINE EASEMENT CURB & GUTTER HANDICAP RAMP 6"55 - 6"SS MANHOLE Q - - - - B"W - - - PVC WATER UNE 6"W ® WATER VALVE m 3D FIRE HYDRANT WATER METER - 5T STORM SEWER ST 0 INLET p - - - - OME - - - OVERHEAD ELECTRIC - - E - ELECTRIC LINE E b LIGHT POLE a Y2 POWER POLE U ELEC. METER T TELEPHONE LINE T - TELE. PEDESTAL G GAS LINE G - - ASPH. CENTER - ASPFALT 30 60 SCALE 1"=30' REVISION ~ U ~ N w I I a M N) O O C I xQ + c ED W= m c U o SO ~ H U V' p' o L Vw m? n v n I / LJLI W 1 J ^ CC I F ' 9' . W /y/1J N W 2 VO J 0 J Q 0 Z LL Lu CL LL , `L .-my Pw 1 TIN. mm: 10.06.01 0-- er. SEE. Oes10^^N 6y: DHg Oadfliet SITE xo,. V--30, uLD ven. L•B0• orowm9 x c 1 bb No. 012 LOT 1 I LOT 2 I I I :=I IIM l In I W N S, 0 I m ml a z m m Nz C I z~^ F -z r~ n°A zo r ~ A~ A D O m x- m 1KC11 y 0 O • 2 O FND 1 1/2" ALUM CAP I I I Ex.N~B~T `B` ~n/GA•~~~~ LOT 3 I LOT 4 I LOT I I I IRIS COURT 50' R.O.W. N 0011'44" W 65' 132.96' 118.39' 10' UTILITY E SEMENT / ° o o C _ .ooe~ ,o•s~ .os~ 00 00 to C H OJ N I [O I F-A'SI_ S~ I I oo I H o'si ~ I yaao 13ndao J o~s3F Ae, f 0' UTILITY & DRAINAGE EASEMENT °'132.96' o 113.65' N 11 1144"W 365.00' .11, vill 55.87 10' UTILITY EASEMENT I LOT x 122.00' DAVO SUBDIVISION FND 1 1/2" ALUM CAP RECEPTION N0. 534330 LOT 2 I L.S. 16837 ZONED R-1 l o I LOT 3 ex/- 1t3l T ~G' 7500 West 29`° Avenue City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: October 11, 2001 City Staff Present: Meredith Reckert Location of Meeting: City Hall Property Address: 9733 West 32"d Avenue Property Owner: Jeff Scott Property Owner Present? Yes Applicant: Jeff Scott/Dan Schneider Existing Zoning: Residential-One Comp Plan Designation: SF(4 du's/acre) Existing use/site conditions: Approx.40,150 sf with existing house. Property is located directly east of 9737 W. 32nd Avenue which is a 9-lot, single family subdivision recently approved. Applicants proposal: Subdivide into three single family lots. Will tie into adjacent street (Iris Court) and storm water detention design for property to the west. Unsure whether existing house will remain. Issues discussed: What is the relationship between this property and the property to the west? Is a public hearing process required for approval of the application? Drainage- Is the city going to review a drainage report? Is there adequate capacity in the detention pond on the adjacent property to handle runoff generated by the additional three houses? How is this determined? Why won't the city consider installation of an area storm sewer system to serve the neighborhood? Why can't that developer contribute money to a capitol improvement project for the neighborhood instead of installing the elaborate system approved? Why was there no response to a letter regarding this issue sent to the city manager? How can someone from the public review the approved drainage report for the adjacent subdivision? Who is liable if the high water table and storm drainage as result of the new homes causes existing foundations to sink and crack? Why can't constituents who are potentially affected contact their Planning Commission and City Council representatives regarding the project? 1 1 CO Oo -4 0) C71 W N 1 d I o w w W ~ i Q v4N) v I ~I 1~) V' L Z Z, n+w vi i 1 ~ a N N V N N ~ mr o w m 5-3 °o w Gi u ex1-~1817 "o' V r m D Cl) 29 m z m_ o= q O N E) W = Z ; 0 Zjv o~ ,m m z o~wHr,r. LAND USE CASE PROCESSING APPLICATION pWNE41 0 a~ Planning and Development Department ac 7500 West 29' Avenue, Wheat Ridge, CO 80033 ° Phone (303) 235-2846 ~OLORnO~ CO[ORn00 (Please print or type all information) Applicant Scx~ Address G733 G9- 3a~ Phone3~9-$3~ CityLhm-4j~- e-, (yy~ State (Ept Zip 't==Ig~ Fax Gov 3 3 Owner 64nn/ Address Phone City State Zip Fax Contact 'j Aim Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): A&)±- Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: L7l.~t ~ ACIC Required information: 33 Assessors Parcel Number: Size of Lot (acres or square footage): b pt7S-S.C. Current Zoning:-5~lty Proposed Zoning: QE~t'~~aTt R` 2-~ Current Use: s j,., l,~ -yzM,1\14 C Proposed Use:(-3) t ~t9t ~t~M • Qc-S I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attomey from the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this ~~~Lday of t7 ~J~, 20A2L- t , Notary Pub 'c My commission expires MMEMEOMW Date received _ Fee $-Receipt No. Ll Case No. Comp Plan Desig. Zoning Quarter Section Map AIAI -2 -7 Related Case No. 1, 74', "-00-6f Pre-App Mtg. Date 0 C Case Manager GG C~p_ 0 a o M L F U N> . 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The meeting will be held on November 15, 2001 at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303-235-2846 if you have any questions or desire to review any plans. Thank you. Planning Division. C\barbara\pcrpts\plangcom\pcnotic\ms0006 a v I C d W W K 1 ` U N o E: a K a y ~ c a „ ' a ` o z m > mi m a' m c .a a y I v a > ~ a m rn o m m _ : rn E ~ E o d U L O m am c N a X ~ t0 FE d A Ul U M N 0.° E a O m ~ N N to m D y~ a N Y U a _ y j 41 ~ ~ ry a 'O 0.-a mL~ c y d N U N a a E a) 00 ~ 2 d' ~U U~u°.w E ❑ ❑ ❑ ® ❑ ❑ z m LO U_ w T N C a Q co o d _ w w O E U z w o aQ s~o > LL N O O3r Q C7 z a w } (D z Lo S 3 d U1,3: a Y 0 M O H HQ z ,0 W NN 00 P W Pz mm z h 7 W P2Wt H Vi m O JCC QN O fn H = A .0 Z ¢ Obi-JO 0 m~Q20 r H- HU W OCLQ InQV)H0 N=zYO ,D<H 3 J3JHW z crfLn i 0007 } h-m-N C L E N M E M M M M ~j M M M = M o E m o w m n2 o. 0) M 0 0 o K o c o E o 0 0 o L 5 o o o °w > >o U' $aq t 0°~ w° ~o $m o o mimeo -mow WQ`m a `-ao0 J 00 aci0 o 00 `o 0'0 UNO a'$O O 52 L0 oNU cmU Y mU UmU 2m -o ~0 Wcv,0 ZVU .20 FM 6 o.6 o o.6 m o.m J a~ mO w ul 6 v~j m CL 2J m J m m a m a r a a a c~ K Q cK Ill cK E c~ °a ~ °oMK oa mom aif o'a. 6 06 16 E ~nm EMm 2i~m dMm 0m wom Yom aOl L ML NL SM>L NL L xM mt mM 0 L M M M> M a > 1 w n ~ ~ ° v ° M v v v v n r r r n n r r r M M M M M M M M M V V V V V V V O V N N N N N N N N N - 0 0 0 o 0 0 0 0 0 d D d .L 9 C ` C d y N y ~ a d' a c 4 v d U U ` a 5 N ` ~ Z d ~ dl R' C a d O N OI O I E L d w o L o m n o 0 E 1 .0 N Y a - 0 d 0 0 0 0 X U y a N O O O O 0 0 O N 0 R M M M M G M M M M 0 A Ln p`m N~°m Q°m ~U°ro 0 0 aM 0 g~~ oN 0 ~o~ f/1 M 0 L C 3 02 Y d m a :2 0, K O N K ' M m K N y CD7 ~O M..• OM y 9 L L L L N Q ` d y y K ~U w E 1:1 El 1:1 ® ❑ ❑ z V a O V d U m m M m M m M r t M Q7 O) O) T _ N Q m m rn m O N N N N Q d a ~O n ~O r n ~ r N r V 2 0 0 0 0 > Q W n n n n W e7 N O~Q Z a z ~ W) 3 I ~I.- IL ~ A Q N O W .S > FG O t3 z L U N t3 a N O W b d ~i w O F z zd ~ U p b v u, T b U ti a U a O 3- 7 z 0 F # 1 MetroScan / Jefferson Owner :Eisinger Robert J;+ Schedule :020940 Site :3395 Independence St Wheat Ridge 80033 Parcel :39 272 15 027 Mail :3395 Independence St Xferd :04/30/1985 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:1.75 YB:1966 Parking:Attached Firepl:2 TotArea:1,912 Ac: # 2 MetroScan / Jefferson Owner :Brayman Laura A;Mckenna James B Schedule :020945 Site :9880 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 018 Mail :9880 W 34Th Dr Wheat Ridge Co 80033 Xferd :10/27/1999 LandUse :1112 Res,Improved Land Price :$223,000 TaxDist :3141 OwnerPh :303-235-8081 Bedrm:5 Bth:1.75 YB:1954 Parking:Attached Firepl:2 TotArea:1,708 Ac: # 3 : MetroScan / Jefferson • Owner :Roush Ronald K/Patricia E Schedule :020958 Site :9845 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 14 009 Mail :9845 W 34Th Dr Wheat Ridge Co 80033 Xferd :02/04/1994 LandUse :1112 Res,Improved Land Price :$174,500 TaxDist :3141 OwnerPh :303-462-0051 Bedrm: Bth:2.50 YB:1958 Parking:Attached Firepl:2 TotArea:1,841 Ac: # 4 MetroScan / Jefferson • Owner :Uster Jack Schedule :020973 Site :3405 Independence Ct Wheat Ridge 80033 Parcel :39 272 15 026 Mail :3405 Independence Ct Wheat Ridge Co 80033 Xferd :06/05/1987 LandUse :1112 Res,Improved Land Price :$155,000 TaxDist :3141 OwnerPh :303-237-8849 Bedrm: Bth:2.25 YB:1955 Parking:Attached Firepl:l TotArea:2,077 Ac: # 5 MetroScan / Jefferson • Owner :Svoboda Charles Rynold Schedule :020980 Site :9860 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 020 Mail :9860 W 34Th Dr Wheat Ridge Co 80033 Xferd :05/17/1993 LandUse :1112 Res,Improved Land Price :$110,500 TaxDist :3141 OwnerPh Bedrm:4 Bth:2.50 YB:1957 Parking:Attached Firepl:3 TotArea:2,988 Ac: # 6 : MetroScan / Jefferson • Owner :Ila MJones Trust Schedule :020996 Site :3400 Independence Ct Wheat Ridge 80033 Parcel :39 272 15 041 Mail :3400 Independence Ct Wheat Ridge Co 80033 Xferd :06/16/1992 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:1.75 YB:1966 Parking:Attached Firepl:2 TotArea:1,479 Ac: # 7 MetroScan / Jefferson ' Owner :Peterson Donald R Schedule :021017 Site :9945 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 14 013 Mail :9945 W 34Th Dr Wheat Ridge Co 80033 Xferd :05/18/1982 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-238-0180 Bedrm: Bth:1.75 YB:1961 Parking:Attached Firepl:2 TotArea:1,311 Ac: # 8 MetroScan / Jefferson ' Owner :Miks John A Schedule :021044 Site :9855 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 14 010 Mail :9855 W 34Th Dr Wheat Ridge Co 80033 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-238-7039 _ Bedrm:5 Bth:3.00 YB:1954 Parking:Attached Firepl:2 TotArea:1,837 Ac: # 9 : MetroScan / Jefferson • Owner :Newell Steven A/M H E Schedule :021057 Site :9870 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 019 Mail :13047 W 20Th Ave Golden Co 80401 Xferd :12/04/2000 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:1.75 YB:1954 Parking:Attached Firepl:2 TotArea:3,300 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 10 MetroScan / Owner :Peters Lawrence P Site :9810 W 34Th Dr Wheat Ridge 80033 Mail :9810 W 34Th Dr Wheat Ridge Co 80033 LandOse :1112 Res,Improved Land TaxDist :3141 Bedrm: Bth:1.75 YB:1953 Parking: Jefferson Schedule Parcel Xferd Price OwnerPh Firepl:2 021058 :39 272 15 021 :08/19/1981 :303-233-4881 TotArea:2,258 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 1 : MetroScan / Jefferson • ----------------------j~ Owner :Langer William P Sr Schedule :020933 Site :3205 Independence St Wheat Ridge 80033 Parcel :39 272 15 034 Mail :3205 Independence St Wheat Ridge Co 80033 Xferd :04/03/1996 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-238-9731 / Bedrm: Bth:2.25 YB:1954 Parking:Attached Firepl:2 TotArea:1,707 Ac:.44 # 2 MetroScan / Jefferson • Owner :Scott Juri Schedule :020942 Site :9733 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 00 033 Mail :9733 W 32Nd Ave Wheat Ridge Co 80033 Xferd :07/11/2001 LandUse :1112 Res,Improved Land Price :$323,000 Full TaxDist :3141 OwnerPh . Bedrm:2 Bth:1.75 YB:1946 Parking:Attached Firepl:l TotArea:2,617 Ac:.91 # 3 MetroScan / Jefferson • Owner :Tomlinson Allen L Schedule :020951 Site :9625 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 15 033 Mail :9625 W 32Nd Ave Wheat Ridge Co 80033 Xferd :04/24/1991 LandUse :1112 Res,Improved Land Price :$175,900 TaxDist :3141 OwnerPh :303-239-8785 Bedrm:3 Bth:1.75 YB:1928 Parking:Detached Firepl:l TotArea:2,431 Ac: # 4 * MetroScan / Jefferson • Owner :Wiebe Rebecca Schedule :020952 Site :9890 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 017 Mail :9890 W 34Th Dr Wheat Ridge Co 80033 Xferd :02/02/2000 LandUse :1112 Res,Improved Land Price :$242,000 Full TaxDist :3141 OwnerPh Bedrm: Bth:1.00 YB:1954 Parking:Attached Firepl:2 TotArea:1,376 Ac: # 5 MetroScan / Jefferson • Owner :Gammon John D/Deanna L Schedule :020956 Site :3305 Independence St Wheat Ridge 80033 Parcel :39 272 15 030 Mail :3305 Independence St Wheat Ridge Co 80033 Xferd :09/21/1993 LandUse :1112 Res,Improved Land Price :$132,000 TaxDist :3141 OwnerPh :303-274-6933 Bedrm:4 Bth:1.75 YB:1955 Parking:Attached Firepl:l TotArea:2,021 Ac: # 6 MetroScan / Jefferson • Owner :Wickersham William E Jr/C M Schedule :020966 Site :3295 Independence St Wheat Ridge 80033 Parcel :39 272 15 031 Mail :3295 Independence St Wheat Ridge Cc 80033 Xferd :09/28/2000 LandUse :1112 Res,Improved Land Price :$249,900 Full Tax Dist :3141 OwnerPh Bedrm:2 Bth:1.75 YB:1953 Parking:Attached Firepl:2 TotArea:1,960 Ac: # 7 MetroScan / Jefferson • Owner :Janke Jeffrey E/Christine I Schedule :020967 Site :3320 Independence St Wheat Ridge 80033 Parcel :39 272 15 037 Mail :3320 Independence St Wheat Ridge Co 80033 Xferd :08/06/1997 LandUse :1112 Res,Improved Land Price :$180,000 TaxDist :3141 OwnerPh :303-233-4373 Bedrm:5 Bth:2.50 YB:1953 Parking:Attached Firepl:3 TotArea:1,804 Ac: # 8 MetroScan / Jefferson • Owner :Goldfarb Hermina B Schedule :020969 Site :3333 Independence St Wheat Ridge 80033 Parcel :39 272 15 029 Mail :3333 Independence St Wheat Ridge Co 80033 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:2.25 YB:1957 Parking:Attached Firepl:l TotArea:2,243 Ac: # 9 MetroScan / Jefferson • Owner :Anderson Paul R Schedule :020979 Site :9925 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 14 012 Mail :9925 W 34Th Dr Wheat Ridge Co 80033 Xferd :09/01/1983 LandUse :1112 Res,Improved Land Price :$84,000 TaxDist :3141 OwnerPh . Bedrm:5 Bth:1.75 YB:1960 Parking:Attached Firepl:2 TotArea:1,675 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 10 * MetroScan / Jefferson Owner :Anderson Margaret E Schedule :020989 Site :9940 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 015 Mail :9940 W 34Th Dr Wheat Ridge Co 80033 Xferd :08/21/1996 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-238-3788 Bedrm: Bth:1.75 YB:1955 Parking:Attached Firepl:2 TotArea:1,675 Ac: # 11 MetroScan / Jefferson • Owner :Duren Michael Dennis Schedule :020991 Site :3210 Independence St Wheat Ridge 80033 Parcel :39 272 15 035 Mail :3210 Independence St Wheat Ridge Co 80033 Xferd :12/08/1992 LandUse :1112 Res,Improved Land Price :$801000 TaxDist :3141 OwnerPh :303-237-3996 Bedrm: Bth:1.00 YB:1953 Parking:Attached Firepl:l TotArea:1,365 Ac: # 12 MetroScan / Jefferson • Owner :Rose Anthony H Schedule :020993 Site :9799 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 00 047 Mail :9799 W 32Nd Ave Wheat Ridge Cc 80033 Xferd :10/04/1999 LandUse :1112 Res,Improved Land Price :$211,000 Tax Dist :3141 OwnerPh :303-205-6396 Bedrm: Bth:1.75 YB:1955 Parking:Basement Firepl:l TotArea:1,540 Ac:.34 # 13 MetroScan / Jefferson • Owner :Carpenter Thomas M Schedule :020998 Site :3310 Independence St Wheat Ridge 80033 Parcel :39 272 15 036 Mail :3310 Independence St Wheat Ridge Co 80033 Xferd :02/28/1974 LandUse :1112 Res,Improved Land Price :$49,500 TaxDist :3141 OwnerPh :303-234-1877 Bedrm: Bth:1.75 YB:1954 Parking:Attached Firepl:2 TotArea:2,367 Ac: # 14 MetroScan / Jefferson • Owner :Stranford J A Jr Schedule :020999 Site :3220 Jellison St Wheat Ridge 80033 Parcel :39 272 99 002 Mail :3220 Jellison St Wheat Ridge Co 80033 Xferd :07/23/1993 LandUse :1112 Res,Improved Land Price :$125,000 TaxDist :3141 OwnerPh :303-274-8006 Bedrm:4 Bth:1.50 YB:1945 Parking:Attached Firepl:l TotArea:1,542 Ac:.43 . / # 15 - MetroScan Jefferson : Owner :Logan Calvin E Schedule :021004 Site :3380 Independence St Wheat Ridge 80033 Parcel :39 272 15 040 Mail :3380 Independence St Wheat Ridge Cc 80033 Xferd :01/25/1989 LandUse :1112 Res,Improved Land Price :$83,000 TaxDist :3141 OwnerPh Bedrm:2 Bth:1.00 YB:1957 Parking:Detached Firepl:l TotArea:1,302 Ac: # 16 MetroScan / Jefferson • Owner :Lovaas Dennis W;+ Schedule :021010 Site :3350 Independence St Wheat Ridge 80033 Parcel :39 272 15 038 Mail :3350 Independence St Wheat Ridge Co 80033 Xferd :07/06/1988 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:1.50 YB:1953 Parking:Mixed TypeFirepl:2 TotArea:1,877 Ac: # 17 MetroScan / Jefferson • Owner :Demott Paul J Schedule :021012 Site :3229 Jellison St Wheat Ridge 80033 Parcel :39 272 15 Oll Mail :3229 Jellison St Wheat Ridge Co 80033 Xferd :02/24/1972 LandUse :1112 Res,Improved Land Price :$53,000 TaxDist :3141 OwnerPh :303-232-4355 Bedrm: Bth:2.25 YB:1971 Parking:Attached Firepl:l TotArea:2,283 Ac: # 18 MetroScan / Jefferson • Owner :Heim Ralph F/Kathleen G;+ Schedule :021013 Site :3233 Jellison St Wheat Ridge 80033 Parcel :39 272 15 010 Mail :3233 Jellison St Wheat Ridge Co 80033 Xferd :10/13/1998 LandUse :1112 Res,Improved Land Price Tax Dist :3141 OwnerPh Bedrm:4 Bth:2.50 YB:1971 Parking:Attached Firepl:l TotArea:2,726 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 19 : MetroScan / Jefferson Owner :Kanz Virginia Sykes Schedule :021018 Site :3385 Independence St Wheat Ridge 80033 Parcel :39 272 15 028 Mail :3385 Independence St Wheat Ridge Co 80033 Xferd :06/04/1981 LandUse :1112 Res,Improved Land Price :$125,000 TaxDist :3141 OwnerPh :303-238-2976 Bedrm: Bth:2.25 YB:1956 Parking:Attached Firepl:l TotArea:1,552 Ac: # 20 MetroScan / Jefferson • Owner :Jack Gordon C/Kathleen M Schedule :021022 Site :3360 Independence St Wheat Ridge 80033 Parcel :39 272 15 039 Mail :3360 Independence St Wheat Ridge Cc 80033 Xferd :09/05/2000 LandUse :1112 Res,Improved Land Price :$269,500 TaxDist :3141 OwnerPh . Bedrm:4 Bth:2.25 YB:1957 Parking:Detached Firepl:2 TotArea:1,388 Ac: # 21 MetroScan / Jefferson • Owner :Stephens Mary C Schedule :021029 Site :9801 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 00 046 Mail :9801 W 32Nd Ave Wheat Ridge Co 80033 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-233-5202 Bedrm:3 Bth:1.75 YB:1955 Parking:Basement Firepl:2 TotArea:1,620 Ac:.80 # 22 MetroScan / Jefferson • Owner :Morris Walter L/Rose A;+ Schedule :021030 Site :3285 Independence St Wheat Ridge 80033 Parcel :39 272 15 032 Mail :3285 Independence St Wheat Ridge Co 80033 Xferd :02/03/1998 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm:4 Bth:2.25 YB:1954 Parking:Attached Firepl:l TotArea:2,430 Ac: # 23 MetroScan / Jefferson • Owner :Mc Kelvey Dorothy I Schedule :021052 Site :9889 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 00 045 Mail :9889 W 32Nd Ave Wheat Ridge Co 80033 Xferd :04/27/1989 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:1.75 YB:1951 Parking:Attached Firepl:l TotArea:1,293 Ac:.80 # 24 MetroScan / Jefferson • Owner :Gaffney Roberta M Schedule :021054 Site :9885 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 14 Oll Mail :27646 Troublesome Gulch Rd Evergreen Co 80439ferd :02/11/1999 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh -Bedrm:4 Bth:1.75 YB:1957 Parking:Attached Firepl:2 TotArea:1,499 Ac: # 25 MetroScan / Jefferson • Owner :English Robert E Schedule :021056 Site :9920 W 34Th Dr Wheat Ridge 80033 Parcel :39 272 15 016 Mail :9920 W 34Th Dr Wheat Ridge Co 80033 Xferd :07/16/1971 LandUse :1112 Res,Improved Land Price :$38,000 TaxDist :3141 OwnerPh :303-233-7122 Bedrm:3 Bth:2.50 YB:1953 Parking:Detached Firepl:2 TotArea:2,449 Ac: # 26 MetroScan / Jefferson • Owner :Applewood Building Co Inc Schedule :021481 Site :9737 W 32Nd Ave Wheat Ridge 80033 Parcel :39 272 00 030 Mail :3331 Oak St Wheat Ridge Co 80033 Xferd :08/07/2000 - LandUse :1112 Res,Improved Land Price :$310,000 Full TaxDist :3134 OwnerPh Bedrm:3 Bth:1.50 YB:1946 Parking:Detached Firepl:2 TotArea:1,440 Ac:2.96 # 27 MetroScan / Jefferson • Owner :Betts Georgia A Schedule :050837 Site :*No Site Addre * Parcel :49 032 00 047 Mail :1135 Hollan St Lakewood Co 80215 Xferd :09/17/1981 LandUse :1155 Vac ,Residential Price TaxDist :7041 OwnerPh el , Bedrm: Bth. YB: Parking: Firepl: TotArea: Ac:.12 Information compiledfrom various sources. Real Estate Solutions makes no representations # 28 : MetroScan / Jefferson • Owner :Blevins Hugh E Jr t Al Schedule :051345 Site :*No Site Addre * Parcel :49 032 00 039 Mail :1901 S Magno is St Denver Co 80224 Xferd :02/15/1984 LandUse :1111 Vaca Residential - Price TaxDist :7041 OwnerPh :303-758-6136 Bedrm: Bth. YB: Parking: Firepl: TotArea: - Ac:1.00 # 29 MetroScan / Jefferson • Owner :Pearson Donna J Schedule :053214 Site :*No Site Addr s* Parcel :49 032 00 020 Mail :100 Jeffers County Pkwy Golden Co 80419 Xferd LandUse :1177 Vac t,Residential,Limited Size Price TaxDist :7041 OwnerPh Bedrm: Bth: YB: Parking: Firepl: TotArea: Ac:.07 # 30 KetzoScan MetroScan / Jefferson Owner :Bailey George E Schedule :055325 Site :*No Site Addr s* Parcel :49 032 00 010 Mail :PO Box 1500 Lakewood Cc 80215 Xferd :11/24/1987 LandUse :1111 Vaca ,Residential Price TaxDist 7041 OwnerPh Bedrm: Bth:. YB: Parking: Firepl: TotArea: Ac:1.52 # 31 : MetroScan / Jefferson Owner :Feder Surriee A Schedule :055441 Site :*No Site s, Parcel 032 00 055 :49 Mail I :100 Jeffeunty Pkwy #2520 Golden Co 80419rd LandUse :1177 Vacadential,Limited Size Price TaxDist :7041 OwnerPh Bedrm: Bth:- YB: Parking: Firepl: TotArea: Ac:.06 # 32 MetroScan / Jefferson • Owner :Vinnola James Schedule :055746 Site :*No Site Addr ss* Parcel :49 032 13 005 Mail :1135 Pikevi St Denver Co 80215 Xferd LandUse :1155 Vaca Residential Price TaxDist :7041 OwnerPh :303-238-0378 Bedrm: Bth: YB: Parking: Firepl: TotArea: Ac: # 33 MetroScan / Jefferson • Owner :Vasquez Gregorio E/Maria C Schedule :094006 Site :3237 Jellison St Wheat Ridge 80033 Parcel :39 272 15 009 Mail :3237 Jellison St Wheat Ridge Co 80033 Xferd :11/12/1997 LandUse :1112 Res,Improved Land Price :$165,900 TaxDist :3141 OwnerPh :303-202-9850 Bedrm:4 , Bth:2.25 YB:1971 Parking:Attached Firepl:l TotArea:2,108 Ac: # 34 MetroScan / Jefferson • Owner :Otoole Marcella L Schedule :094007 Site :3248 Jellison St Wheat Ridge 80033 Parcel :39 272 15 007 Mail :3248 Jellison St Wheat Ridge Co 80033 Xferd :11/16/1992 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh :303-238-5206 Bedrm:3 Bth:2.50 YB:1971 Parking:Attached Firepl:l TotArea:2,117 Ac: # 35 MetroScan / Jefferson • Owner :Hallewell Donna I Schedule :094008 Site :3244 Jellison St Wheat Ridge 80033 Parcel :39 272 15 006 Mail :3244 Jellison St Wheat Ridge Co 80033 Xferd :04/14/1995 LandUse :1112 Res,Improved Land Price :$214,000 TaxDist :3141 OwnerPh :303-234-1190 Bedrm:3 Bth:3.00 YB:1973 Parking:Attached Firepl:2 TotArea:2,095 Ac: # 36 MetroScan / Jefferson • Owner :Laferty John M- Schedule :094009 Site :3240 Jellison St Wheat Ridge 80033 Parcel :39 272 15 005 Mail :3240 Jellison St Wheat Ridge Co 80033 Xferd :01/16/1974 LandUse :1112 Res,Improved Land Price :$60,000 TaxDist :3141 OwnerPh Bedrm: Bth:1.75 YB:1971 Parking:Attached Firepl:l TotArea:2,160 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 37 MetroScan / Jefferson Owner :Metzinger Cheri L Trust Schedule :094010 Site :3236 Jellison St Wheat Ridge 80033 Parcel :39 272 15 004 Mail :3236 Jellison St Wheat Ridge Co 80033 Xferd :04/09/2001 LandUse :1112 Res,Improved Land Price TaxDist :3141 - OwnerPh Bedrm:4 Bth:1.75 YB:1971 Parking:Attached Firepl:l TotArea:2,176 Ac: # 38 MetroScan / Jefferson • Owner :Oldham David E/Janet A Schedule :094011 Site :3232 Jellison St Wheat Ridge 80033 Parcel :39 272 15 003 Mail :3232 Jellison St Wheat Ridge Cc 80033 Xferd :03/31/1998 LandUse :1112 Res,Improved Land Price :$197,500 TaxDist :3141 OwnerPh :303-232-2692 Bedrm:4 Bth:3.00 YB:1971 Parking:Attached Firepl:l TotArea:2,100 Ac: # 39 MetroScan / Jefferson • Owner :Stecklein Ronald J/Patricia A Schedule :094012 Site :3228 Jellison St Wheat Ridge 80033 Parcel :39 272 15 002 Mail :3228 Jellison St Wheat Ridge Co 80033 Xferd :10/23/1998 LandUse :1112 Res,Improved Land Price :$259,900 TaxDist :3141 OwnerPh :303-462-4412 Bedrm:4 Bth:3.00 YB:1972 Parking:Attached Firepl:l TotArea:2,985 Ac: # 40 MetroScan / Jefferson • Owner :Hargrave Paul E/Paula B Schedule :094013 Site :3224 Jellison St Wheat Ridge 80033 Parcel :39 272 15 001 Mail :3224 Jellison St Wheat Ridge Co 80033 Xferd :11/04/1996 LandUse :1112 Res,Improved Land Price TaxDist :3141 OwnerPh Bedrm: Bth:2.25 YB:1972 Parking:Attached Firepl:l TotArea:2,168 Ac:.30 # 41 MetroScan / Jefferson • Owner :Vigil Richard T Schedule :130873 Site :*No Site Addres Parcel :49 032 13 013 Mail :1190 Johnson Lakewood Co 80215 Xferd :11/16/1984 LandUse :1155 Vacan Residential Price TaxDist :7041 OwnerPh :303-233-6153 Bedrm: Bth• YB: Parking: Firepl: TotArea: Ac: # 42 ; MetroScan / Jefferson Owner :Regi tion District Schedule :160456 Site :*No Parcel :49 032 06 017 Mail :1325 vd Denver Co 80222 X Xferd :11/19/1981 LandUse :9149 Sub,Land ,Political Price TaxDist :7041 OwnerPh Bedrm: BtParking: Firepl: TotArea: Ac: # 43 MetroScan / Jefferson • Owner :Mott Stephen D/Linda Gens Schedule :189098 Site :V1 Lakewood 802 Parcel :49 032 09 016 Mail :1188 Holland Denver Co 80215 Xferd :06/24/1999 LandUse :1155 Vacan esidential Price :$36,500 TaxDist :7041 OwnerPh :303-235-8983 Bedrm: Bt YB: Parking: Firepl: TotArea: Ac:.38 # 44 *---------------------r-: MetroScan / Jefferson Owner :Benson Catherine t Al Schedule :204259 Site :*No Site Addres Parcel :49 032 09 019 Mail :1160 Holland Lakewood Co 80215 Xferd :02/17/1996 LandUse :1177 Vacant esidential,Limited Size Price TaxDist :7041 OwnerPh Bedrm: Bth: YB: Parking: Firepl: TotArea: Ac: Information compiled from various sources. Real Estate Solutions makes no representations 0 _Z P: W W ~ o 0 N O r Z ~O W C_9 1.6 Q O F- L) _v 0 W Z Q Z F- FY ul Q W J CL r c 0 m r o 6- a. N Q 130 N ~ ~n M JV' f X10 J J A , IV IV d ~ E o tti Z O r ~ N M 4 0 ..O ~ 00 O r r / - - - - etroScan / Jefferson (CO) - - - - Owne r " : S co t t Juri Parcel 02 42 : 0 9 Site :9733 W 32Nd Ave Wheat Ridge 80033 Xfered :07/11/2001 Mail :9733 W 32Nd Ave Wheat Ridge Cc 80033 Price :$323,000 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1946 Pool: BidgSF :2,617 Ac:.91 * • MetroScan / Jefferson (CO) • Owner :Tomli nson Allen L - Parcel :020951 Site :9625 W 32Nd Ave Wheat Ridge 80033 Xfered :04/24/1991 Mail :9625 W 32Nd Ave Wheat Ridge Cc 80033 Price :$175,900 Use :1112 Res,Improved Land Phone :303-239-8785 Bedrm: 3 Bath:1.75 TotRm: YB:1928 Pool: B1dgSF :2,431 Ac: ; MetroScan / Jefferson (CO) Owner :Gammo n John D/Deanna L Parcel :020956 Site :3305 Independence St Wheat Ridge 80033 Xfered :09/21/1993 Mail :3305 Independence St Wheat Ridge Co 80033 Price :$132,000 Use :1112 Res,Improved Land Phone :303-274-6933 Bedrm: 4 Bath:1.75 TotRm: YB:1955 Pool: BldgSF :2,021 Ac: * • MetroScan / Jefferson (CO) • Owner :Wicke rsham William E Jr/C M Parcel :020966 Site :3295 Independence St Wheat Ridge 80033 Xfered :09/28/2000 Mail :3295 Independence St Wheat Ridge Cc 80033 Price :$249,900 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1953 Pool: B1dgSF :1,960 Ac: • MetroScan / Jefferson (CO) j owner :Goldf arb Hermina B Parcel :020969 Site :3333 Independence St Wheat Ridge 80033 Xfered Mail :3333 Independence St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:2.25 TotRm: YB:1957 Pool: B1dgSF :2,243 Ac: MetroScan / Jefferson (CO) • Owner :Morri s Walter L/Morris R A Parcel :021030 Site :3285 Independence St Wheat Ridge 80033 Xfered :09/05/1990 Mail :3285 Independence St Wheat Ridge Cc 80033 Price :$110,000 Use :1112 Res,Improved Land Phone :303-237-1494 Bedrm: 4 Bath:2.25 TotRm: YB:1954 Pool: B1dgSF :2,430 Ac: J • MetroScan / Jefferson (CO) • Owner :Apple wood Building Cc Inc Parcel :021481 Site :9737 W 32Nd Ave Wheat Ridge 80033 Xfered :08/07/2000 Mail :3331 Oak St Wheat Ridge Cc 80033 Price :$310,000 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.50 TotRm: YB:1946 Pool: B1dgSF :1,440 Ac:2.96 Information compiled from various sources. Real Estate Solutions makes no representations Juri Scott 9733 W 32Nd Ave Wheat Ridge, CO 80033 John & Deanna Gammon 3305 Independence St Wheat Ridge, CO 80033 Hermina Goldfarb 3333 Independence St Wheat Ridge, CO 80033 Applewood Building Co Inc 3331 Oak St Wheat Ridge, CO 80033 Allen Tomlinson & Kimba Tomlinson 9625 W 32Nd Ave Wheat Ridge, CO 80033 William & C M Wickersham Jr. 3295 Independence St Wheat Ridge, CO 80033 Walter & R A Morris 3285 Independence St Wheat Ridge, CO 80033 J WESTHAYEN PARK PCD WZi21s J u 1 W z I OW22 ~ xm m xss 2 . ( 5 0M w 3s3s x,5 uos >~.w xso xx .R u8 x,s xwP x,a 's. w W 35TH AVE 1 I tl = R-2 m N~ I ~a R-1 WHEAT RIDGE HIGH SCHOOL IN. S to OFFICIAL ZONING MAP PARCEULOT BOUNDARY NW 27 (D SIGNATES OWNERSHIP) C WHEAT RIDGE -WATER FEATURE COLORADO DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN 0 Ico® Fie (APPROXIMATE LOCATION) WNE9)gO DEPAPTMENTOF °a'°O PLANNING AND DEVELOPMENT MAP ADOPTED: June 15, 1994 Last Revision: September 10, 2001 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 15, 2001 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. MS-01-03: Application by Jeff Scott for approval of a three-lot minor subdivision plat on property zoned Residential-One (R-1) and located at 9733 West 32nd Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE- QUARTER OF THENCE S89°29'36"W ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 1766.11 FEET; THENCE N00° 11'44"W, PARALLEL WITH THE EAST LINE OF THE WEST ONE-HALF OF THE SOUTHWEST ONE OF THE NORTHWEST ONE OF SAID SECTION 27 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 184 AT PAGE 541 OF THE JEFFERSON COUNTY RECORDS; THENCE CONTINUING NO0 ° 11'44"W, PARALLEL WITH SAID EAST LINE A DISTANCE OF 365.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 83075045 OF THE JEFFERSON COUNTY RECORDS; THENCE N89 °29'36"E, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 110.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE S00 ° 11'44"E, ALONG THE EAST LINE OF SAID EAST ONE-HALF, A DISTANCE OF 365.00 FEET TO A POINT ON THE NORTH LINE OF WEST 32ND AVENUE (60' WIDE); THENCE S89°29'36"W, ALONG SAID NORTH LINE, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. CONTAINING 40149 SQUARE FEET OR.9217 ACRES OF LAND, MORE OR LESS. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: November 1, 2001 Wheat Ridge Transcript 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 October 25, 2001 Mr. Dennis Beamis, P.E. Ascent Engineering 12191 Ralston Road, Suite 209 Arvada, Colorado 80004 Re: Applewood Preserve Filing #2 -First Review Comments of Final Drainage Study, Grading & Erosion Control Plan, Subdivision Plat & Construction Plans Dear Mr. Beamis, I have completed the first review of the above referenced documents for the Applewood Preserve Filing #2 Subdivision received on October 1, 2001, and have the following comments: Drainage Study (Discussion) 1. Please note the lot numbers are to be used for the new single family homes on page 1, section 1.2. 2. Please provide P.E. seal and signature on the final approved report. Drainage Study (Appendix) 1. Please include the historic calculations for the new subdivision. Drainage Plan(s) 1. Please provide site location map on plan. 2. What is the site plan for lot 3? Need footprint as completed in the Applewood Preserve plan set. 3. Please label the finish floor elevations for the new lots. 4. Please provide (when appropriate) P.E. stamp and signature. Please provide 2 signed and stamped sets of the drainage report and plan with the second submittal. Grading & Erosion Control Plan 1. Please provide a cut section for the new lots as was completed on the Applewood Preserve plan set (sheet 2.1). 2. Please provide a detail of the accessibility ramp on the east corner of Iris Court and W. 32nd Avenue. This is to verify that the radius is function able and the walk is located in the Right- of-Way. 3. Please use the city standard drive cut detail for the new lots. Subdivision Plat 1. Please identify if the southeast property pin was found or was set. Any questions related to the plat requirements can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2864. Subdivision Improvement Agreement Upon City Council approval of the Final Plat, a Subdivision Improvement Agreement will need to be executed by the project owner/developer. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with fees due will need to be submitted for review and approval. Traffic Engineering A copy of the construction plans has been forwarded to the City's Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for review. 1. Curb, gutter and walk will be required on Iris Court. Its alignment will need to match the street section on Iris Court in the original filing. 2. Access to the parcel in question shall be via Iris Court. No access will be allowed to 32nd Avenue. 3. Current access on 32 nd will need to be closed by converting the driveway cut to curb, gutter and walk. Right-of-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the second submittal. If you have any questions, please contact me at 303-235-2868. Sincerely, Michael Garcia Development Review Engineer cc: Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Meredith Reckert, Sr. Planner File SUBDIVISION MEMO AND CONTACT RECORD CONTACT NUMBER: 1 DATE RECEIVED: 10/19,2001 DATE REVIEWED: 10/24,2001 SUBDIVISION NAME: Applewood Preserve Subdivision - Filing No.2 ENGINEER: NAME: Roger A. Vermaas, P.L.S. Aspen Surveying ADDRESS: 2933 S. Peoria St., STE G-10 Aurora, CO 80014 PHONE: (303) 750-4590 FAX: (303) 750-0646 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: 1: Please identify if the southeast property pin was found or was set. 2: 3: 4: 5: 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Roger A. Vermaas, P.L.S. REMARKS: The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone 303/ 235-2846 FAX 303/235-2857 October 25, 2001 Jeff Scott 9733 West 32' Avenue Wheat Ridge,CO 80033 Dear Mr. Scott: This letter is in regard to your application for approval of a three lot minor subdivision of property located at 9733 West 32nd Avenue. I have reviewed the submittal and have the following comments: 1. Wheat Ridge is spelled as two words, not one. Please correct in the title and dedicatory statement. 2. In the notarization block for the owner's signature, please correct "methis"'to "me this". 3. Under "Minor Plat Notes", item A, change the reference from "Scott Minor Subdivision" to "Applewood Preserve Subdivision - Filing No.2". 4. Under "General Plat Notes", add a note restricting access to Lot 1 to Iris Court. 5. Unless directed otherwise, please show existing tree locations with caliper sizes. 6. Unless directed otherwise, under "General Plat Notes", please add the following note relative to the removal of existing trees: "Prior to the removal of any tree designated on the face of this plat, approval must be received from the Planning and Development Department. Removal of mature trees will be allowed only when in direct conflict with a building footprint, driveway or improvements for the new home construction." 7. Show the existing house. 8. Please show property addresses as follows: Lot 1 - 3210, Lot 2 - 3220, Lot 3 - 3230. 9. In the case history box, add WS-00-01 and MS-01-03. 10. Under the Mayor's Certificate, please modify the language by removal of "by motion of it's City Council". 11. Please add a seal location to the city clerk's attestation. Attached are comments received from other referral agencies and city departments. All of their comments must be addressed as well. In addition, prior to recordation of the subdivision mylar, staff will require submittal and review of homeowners' association covenants relative to maintenance of the detention pond on the adjacent subdivision. This case is scheduled for Planning Commission public hearing on November 15, 2001. Please submit 15 folded copies of the revised submittal no later than November 5, 2001 for packet preparation. If you have questions concerning any of the above, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner c: MS-01-03 Mike Garcia WESTRIDGE SANITATION DISTRICT 3705 KIPLING STREET, SUITE 101 WHEAT RIDGE, COLORADO 80033 303-424-9467 s November 1, 2001 Ms. M. Reckert Dept. of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 REF: Case No. MS-01-03/Scott, 9733 W. 33"'AVE. Dear Ms. Reckert: .77 F Reference is made to your request regarding proposed development at Applewood Preserve Subdivision-Filing No. 2, Wheat Ridge, Colorado The referenced site is within the boundary of the Westridge Sanitation District. At present, there are no public sanitary sewer facilities adjacent to or nearby, the proposed residential building lots. If you have any questions regarding this matter, please contact this office at 303-233-2058. I would be pleased to discuss this matter with you in greater detail at your request. Very District cc: District Office File: W54-0 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 October 19, 2001 Ridge The Wheat Ridge Department of Planning & Development has received a request for approval of three-lot minor subdivision plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 5, 2001. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-01-03/Scott LOCATION: 9733 West 33rfl Avenue REQUESTED ACTION: Approval of a three-lot minor subdivision on R-1 zoned property PURPOSE: Creation of three buildable single family lots APPROXIMATE AREA:.92 acres of land area Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. The adequacy of capacities to service the development. • Servicing of this proposed development subject to your rules and regulations. Specific easements that are needed on this or any other document. Any comments which would affect approval of this request by your agency. Please reply to: Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XX Water District (Consolidated Mutual) )LX Sanitation District (Westridge) XX Fire District (Wheat Ridge) Adjacent City Q XX Xcel Energy XX Qwest Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Completed by: (Name, Agency/Department, Date) XX XX XX XX XX XX XX Jeffco Health Department Jeffco Schools Jeffco Commissioners AT&T Broadband 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 WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" October 30, 2001 M. Reckert City of Wheat Ridge Department of Planning and Development 7500 W 29th Ave Wheat Ridge, Colorado 80033 Re: Approval of the three-lot subdivision at the property located at 9733 West 33rd Ave Dear M. Reckert: This will acknowledge receipt of your correspondence dated October 19,2001 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with Denver Water. Domestic water service maybe provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. The Company's rules, regulations, and requirements state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. Consolidated further requires that a duplex have a separate water tap and meter for each unit within the duplex, regardless of ownership. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers building additions as a "change of use". THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068 • Lakewood, Colorado 80215 _ Telephone (303)238-0451. • Fax (303)237-5560 M. Reckert City of Wheat Ridge Department of Planning & Development October 30, 2001 Page 2 Fire protection requirements should be obtained from Wheat Ridge Fire District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, _ _Mic ael Queen Vice President /cc cc: Dave Roberts, Wheat Ridge Fire Marshall Walter Welton, PLS/PE, CMWCo President Greg M. Stroeder, CMWCo Water Distribution Manager John M. Allen, CMWCo Project Engineer 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge October 19, 2001 The Wheat Ridge Department of Planning & Development has received a request for approval of three-lot minor subdivision plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 5, 2001. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-01-03/Scott LOCATION: 9733 West 33rd Avenue REQUESTED ACTION: Approval of a three-lot minor subdivision on R-1 zoned property PURPOSE: Creation of three buildable single family lots APPROXIMATE AREA:.92 acres of land area Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. The adequacy of capacities to service the development. Servicing of this proposed development subject to your rules and regulations. Specific easements that are needed on this or any other document. • Any comments which would affect approval of this request by your agency. v r gys~i~c. 1>0 DISTRIBUTION: XX Water District (Consolidated Mutual) Jeffc XX Sanitation District (Westridge) XX Fire District (Wheat Ridge) Jeffco Commissioners City XX AT&T Broadband XX Xcel Energy XX Qwest Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources WHEAT RIDGE Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Prospect Recreation Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Please reply to:- RvI.Reckert Completed Department of Planning & Development (Name, Agency/Department, Date) Fax: 303/235-2857 o Health Department Jeffco Schools XX WHEAT RIDGE Post Office XX WHEAT RIDGE Police Department XX WHEAT RIDGE Public Works Dept. XX WHEAT RIDGE Park & Rec Commission XX WHEAT RIDGE Forestry Division XX WHEAT RIDGE Building Division Economic Development Fairmont Homeowners Association District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge October 19, 2001 The Wheat Ridge Department of Planning & Development has received a request for approval of three-lot minor subdivision plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 5, 2001. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-01-03/Scott LOCATION: 9733 West 33rd Avenue REQUESTED ACTION: Approval of a three-lot minor subdivision on R-1 zoned property PURPOSE: Creation of three buildable single family lots APPROXIMATE AREA:.92 acres of land area Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. The adequacy of capacities to service the development. Servicing of this proposed development subject to your rules and regulations. Specific easements that are needed on this or any other document. Any comments which would affect approval of this request by your agency. Please reply to: Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XX Water District (Consolidated Mutual) XX Sanitation District (Westridge) XX Fire District (Wheat Ridge) Completed by: (Name, Agency/Department, Date) Adjacent City Q XX XX Xcel Energy XX XX Qwest Communications XX State Land Use Commission XX State Geological Survey XX Colorado Dept. Of Transportation XX Colorado Div. Of Wildlife XX Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department Jeffco Schools Jeffco Commissioners AT&T Broadband 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 WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. „Bhe Carnation City" a,wEq. LAND USE CASE PROCESSING APPLIt-ATION of wHr4. Po Planning and Development Department = ac 7500 West 29'" Avenue, Wheat Ridge, CO 80033 c o Phone (303) 235-2846 co 0 ~L ORPO LORPO (Please print or type all information) Applicant ~ ~Go1\ Address C17 33 0 , . Phone3a 3 e%- city tt Q~ ~~F State (J--A:Z> Zip 'Jg~ Fax3 a-)14 f~io~ 3 3 Owner4 Address Phone City State Zip Fax Contact Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): cj 33 ~a r'~ Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: \ Detailed description of request: '01~D) Qf A2 NY3 Required information: ~-,7 7,2-GYM-D 33 Assessors Parcel Number: Size of Lot (acres or square footage): 0 017S 5.~. Current Zoning: QE 5 , n ~T tv Q. Proposed Zoning: Current Use: - ~t c Proposed Use: (3 5 ts~t t ~PrM - Qc S I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this day of t7tsty j 211g2_ Notary Pub 'c My commission expires M= t Date received Fee $~Receipt No.%AL''6/ Case No. ~7%S-0/-0 3 Comp Plan Desig. Zoning . - / Quarter Section Map /[/Gt/-~-2 Related Case No.7S Pre-App Mtg. Date 71 d Case Manager o~GC ~~P Z October 15. 2001 To Whom It May Concern: I am currently the owner of approximately 1.0 acres located at 9733 West 32nd Avenue. The legal description is as follows: That part of the Southwest one-quarter of the Northwest one-quarter of Section 27, Township 3 South, Range 69 West of the 6th Principal Meridian, described as follows: Beginning at a point on the East and West half-section line of said Section 27, a distance of 110 feet West of the Southeast corner of the West one-half of the East one-half of the Southwest one-quarter of the Northwest one-quarter of said Section; Thence East 110 feet; Thence North 395 feet; Thence West 110 feet; Thence South 395 feet, more or less to the Point of Beginning, Except the South 30 feet thereof, County of Jefferson, State of Colorado.also known by street and number as 9733 W. 32nd Avenue, Wheat Ridge, Colorado 80033 I would like to request to have the property subdivided into three lots that conform to the minimum R1 zoning requirements of the City of Wheat Ridge. The intent of this minor subdivision is to provide two additional lots that at some point may be built upon and integrated into the Applewood Preserves Filing #1 Subdivision. Please call me if you have any questions. Thank You. J Scott 303-279-7195 ~ l L . 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I would like to apply to have the property subdivided into three lots that conform to the minimum R1 zoning requirements of the City of Wheat Ridge. I have included a copy of the proposed plat for your review. Please call me if you have any questions. Thank You. Je Scott 303-279-7195 ~~eserv~ ~~1~~ Z I I I I J NA i I oN_ I I ~L-- EI V z OMV --a" _ i. No . ,6Z.6 N i z O ~ F C- o u.,-•a I W O p ~ f CYL J - -3l gl 0 I,<\ 3„92,6 9N I I F Q I I ~ SNO-~ I I \~~\--sssi-,`3D A 3n,ol - sssx--rlVM3015 ,9 ino act W W .696t9Z (S9N18V39 A0 SIStlB) 3 .92,62.68 N n 0 I 45C? of I 0 ormt ~~E..o~suk ,x~o~eAxc.;4Ea» 0 C~D cN V a 1 a zz o ~`.e vwJ1'~M yO z z aw ~D ~ IJO G..GC-P 1d 01" ✓7i Qa I 5/E' PEPta XO CIY Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner:. First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: " ?act Address: a.eet Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: MS0103 Quarter Section Map No. Scott _ Related Cases: eff _ Case History: ame 733 W. 32nd Ave. Review Body: heat Ridge, CO 80033 03.888-8326 APN: ame. ! 2nd Review Body: 2nd Review Date: ame_ Decision-making Body: 733 Approval/Denial Date: Pest 32nd Avenue heat Ridge, CO 80033 Reso/Ordinance No.: NW27 50001 3-lot minor subdivision PC 39-272-00-033 CC CC Conditions of Approval: Reckert ctive District: IF, Date Received: 10/1.8/2001 Pre-App Date: I A CITYOF=A.T 13G NOTICE OF NEIGBB4ItFIfDO15 UT MEETING Jeff Scott is proposing a 34ot minor subdivision on property located at 9733 west 32nd Avenue. The date and time of the meeting is October 11, 2001 at 6:30 p. in. The location of the meeting is the City of Wheat Planning Room, 2nd Floor, 7500 West 29th Avenue, Wheat Ridge, Colorado. The purpose Of this proposal is to subdivide the existing approximate 1-acre parcel into 3 lots. The lots all exceed the minimum square footage requirements. The City of Wheat ridge has adopted a requirement that prior to any application for rezoning of property, a minor or major subdivision, and for special use permits, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A staff planner will attend the meeting to discuss City policies and regulations and the process involved, however, the planner will remain impartial regarding the viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the meetings. The kinds of concerns residents normally have included the following: Is the proposal compatible with surrounding land use and zoning? ` Are there adequate utilities and services in place or proposed to serve the project? What is the impact on our streets? How will the proposal affect our property? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Department at (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 file:C:\WINDOWS\TEMP\eud2321.htm1 Page 1 of 1 To: Meredith Reckert <meredith@ci.wheatridge.co.us> Subject: Re: Neighborhood meeting Cc: mikeg@ci.wheatridge.co.us Meredith, The applicant came to the pre-app on 10/2/01 and the following are the general requirement we discussed: All of these lots will have to access the new subdivision street (Iris Ct.). The current access on 32nd Avenue will have to be closed. Site Drainge has to be incorporated with the Applewood Preserves drainage/detention. Right of way dedication may be required at the northeast corner of 32nd and Iris Ct. to accommodate the radius. Details are recorded in the pre-app notes if you need it. Let me know if you need anything else. At 10:53 AM 10/9/2001 -0600, you wrote: >A neighborhood meeting has been scheduled on Thursday, October 11 at 6:30 >PM at city hall to discuss the platting of R-1 zoned land at 9733 West 32nd >Avenue adjacent to the recently-approved Applewood Preserve Subdivision. >Given the short notice, I don't expect you to attend. Issues include >access by the lots to Iris and use of the detention pond on adjacent >property. Please let me know if there is anything else. Steve Nguyen, P.E. Traffic Engineer City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80215 Office: 303-235-2862 Fax: 303-235-2857 file:C:\WINDOWS\TEMP\eud2321.htm1 10/10/01 J I I ~ I ~ _ ti I-z z z - I I ~m v'niZ ( ~nm I F 0 I I _-L~-_"wo__ ~ ,00'Oll X30 p i p 4 F Irk 17 w - - o -_A - r t- r II x oc; K I o ~J ~ h vln o ,00'OLl 1 - ° 'O c /tea F L I I tES o ns ; I P ae Zp 0 wz 1 i ~oa .6 z L I ,,00.'011. to L 3.92,6&69N I mi nm r I - ~ I I I I - 1 ~~_sssr--,_~0 ~P 3n.01` - rxo en-uou xo w _ sssx--Sj-IVM3015 •9 - lro a '~Atl QNZ£ SS35S °I -W--'- w .69669Z (SONIHtl3H d0 SI6tlH) 3 ,9£.fiZ.66 N - ~oRTF{ OW21 N) Lu a - l a -1 L ^1I 111 w3ms1 mm 1 a - - - _ _ g LOUISE TURNER a~ - n~ - PARK 3Ao R-C - nso 9 R-3 LL R-3 V gyp 3 ° J ' - xi, 305 you _ z HAFDI ass x i i g A 9 5 5U6 W36 MAVE iT il i l i! 1! w PL ,F y ~ m " p ' s l n. Q ~ ' S • C'G✓ s g - u d g •i ' - Z R-1A R-1 a - - e , ,N • PR PECT x LL R w " V E LEY EM w.. a (s) 5 OOL o o s a a " R-1 O ;l 'A _ a wSPDAIR Z W33RDAVE R - m R 2 Y S O ~ c0 R ~ N m ~ ~ 0~ m 3 W A N s LL p ~ z } W W N R LL O < Q LtJn N - O I ]L Y $ Q ' W J S 'A " 1U > Q F X ~ K _3 e U m m Q p 'X tl i Y g O N S < A 3zr I t , gg B m , m 8 gg 8 < OW 28 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENTOF PLANNING AND DEVELOPMENT - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NW 28 0 loo ® 400 wu MAP ADOPTED: June 15, 1994 N Z 0 100 200 300 Feet 1 G il i 1 • I I L I I e I' I .I 5 I Y I i~ , u j I I I I I I I d]F~ Z 5 ~--r-J ~ I I~ cg I I I i E rx ~ t--i 48p1 y [ !E~ ~ da ~ I L _1 ~ r ~ I o ro ° ` i s I I I 9 9 n . ~ I R l i _ I a g~ N • 3 i ~ I ( f CNI~ ( I r 1 : I~ I ~ 0 c = 5 s I; i €sg ~g I Irk-~-~~`/ I 5 I 16 g 1 ~ ~ a o i _ 0 100 Feet Wheat Ridge Planning and Development Department of WREgT a PRE-APPLICATION MEETING SUMMARY m c~G ORPOO Date: 2 0o4t6 O i Attending Applicant(s): D- S(-)r\r\(tdRN Address/Phone: Attending Owner: Address/Phone: Attending Staff: M, "v\ r I. CrMf M. (,est'cYo b, a,roum--V\ M. S ,ibJaen i v Address or Specific Site Location: -gZ !j3 v4. 32n5 Existing Zoning: R• \ Existing Comp. Plan: SF C46 Applicant/Owner Preliminary Proposal: Swb 4.4,'k A. l,Tv ~n 3 SCR ko't, C A%CeQiI4 auin~' -h us o od QceSe,(vc s Seb.~ Will a neighborhood meeting need to be held prior to application submittal? 45 Planning comments: T~'\e 'VY\rGe 1okS wog.\, vv *c lr~cA~~or.a}.t, vs~ G.FjSki,.C~S Sub 4:WISII Av west L Apekooo.► Qrciefvcs~ T ^Q tcn an~S of fin, fW-VA to hO~StS ,a O.. r.2e~i Fo be ~~a~t u{' 1Y.i \~11 R es~ ~b 1,s~e Z b l Awe vie o.~ '~resaf xs. ~nlokla be des~rab\c r24r,.o . tv,,s 5 b " 2,4 Fi1. of g~P4woo~ a+cSot~Yg borhooa rnee i, reyuifcd - t~ ro deck gk,or 5 (CtUACCA rwkew ~q\\ \a be ~ A o~' ~n~ C~vn sS w. I ()Pu` ~Qet¢ cledc~ k bR retvurea (cask Inc,-~ Public Works comments: FXr\,a\ A:A \4,AX bQ r-el-Ilive l - Mn As 4u t-fwa,,.~ "I JR { tso~ eow~. go ~da;~.s,.\ aCUSS v~~\ be etc.. of~. 32~ Pwe - h,.sk usR de c,NW6,eb s~^tet Wh.~4. ~~5 ¢s~slo 1~t~ a d \~F Fll(^~ u{ It w.o~ (~r<b,e,rvr5 . t jrvt L~r~r\~e 6ro~~e., con~ni So~1S rt wI\l lot re,\are.6 . lb Crtr\al pr~t tmuSt (r~oi~.be wl l~cm~i ~ceSe~vts Side VIZ6Vw Wt~~ NQ vG(", ed On E.21~ Ge~C aT \YlS b \'h`~'t' mliclt {4;y]~.,J OOC~ a<CSCr(~cS ~w~`W i~M~YC'~P+n~fi, Building comments: Streetscape /Architectural Design comments: Other comments: Staff Initials: jtg