Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
WZ-02-06
7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 November 1, 2002 Mr. David L. Jones, P.E. Galloway Romero & Associates 5350 DTC Parkway Greenwood Villiage, Colorado 80111 Re: Perrin's Row Subdivision, 38'" & Depew, Wheat Ridge, Colorado - Approval of Final Drainage Report, Street Construction Drawings and Grading/Erosion Control Plan Dear Mr. Jones, This letter is to inform you that the final drainage report, street construction plans, and the grading/erosion control plan for the above referenced project have been reviewed and approved for construction. Please be aware of the following items regarding the construction of the project: 1. The proposed drainage facilities shall be constructed then approved by the City of Wheat Ridge prior to issuance of the Certificate of Occupancy. 2. Erosion control for the project shall be placed in conformance with the approved drainage/erosion control plan and shall be maintained as needed during the course of construction. 3. All drainage improvements shall be constructed in conformance with the approved drainage report and plan. 4. Upon completion of the drainage improvements the engineer, Mr. David Jones, P.E. shall provide to the City of Wheat Ridge a letter of certification stating that the various improvements, as defined in the drainage report and plan, have been accurately surveyed to confirm that their construction is in accordance with these documents. The certification letter shall be written and stamped by the engineer who prepared the drainage report, and shall be submitted for review and approval by the City prior to issuance of the Certificate of Occupancy. 5. It will be the responsibility of the contractor for the project to repair any damage to the existing public improvements on W. 38th Avenue & Depew Street as a result of related construction traffic in the area. Also, the contractor will be responsible for maintaining W. 38th Avenue & Depew Street on a regular basis such that they are free of construction debris and tracking from construction traffic accessing the site. It will be the responsibility of the developer/owner, to provide the necessary testing, as applicable for the scope of this project, for subgrade compaction and other related material tests for those improvements to be constructed within public right-of-way. (SEE ATTACHED MATERIAL SAMPLING & TESTING REQUIREMENTS) 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. If you have any questions, please contact me at 303-235-2868. Sincerely, Michael Garcia Development Review Engineer cc: Greg Knudson, Interim Public Works Director Steve Nguyen, Interim City Engineer Alan White, Planning & Development Director Darin Morgan, Chief Building Official Meredith Reckert, Senior Planner Dave Brossman, City Surveyor Tom Bendel, Eng. Tech II Chuck Braden, Eng. Tech. I File (3) 2/99 CITY OF WHEAT RIDGE Perrin's Row approval.ltr MATERIALS SAMPLING AND TESTING REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS DESCRIPTION Materials sampling and testing for public improvements shall be performed by an independent materials testing company at the expense of the developer, and/or utility district. Unless otherwise designated, all referenced specifications, standards or policies shall be the latest edition as revised or updated by approved supplements published and issued prior to the date of the building permit. REQUIREMENTS All materials sampling and testing shall be performed by certified, experienced and qualified materials testing technicians who work under the supervision of a registered professional engineer in the State of Colorado. All materials sampling and testing equipment shall be serviceable and calibrated. Soil classifications and moisture-density curves shall be provided to the Department of Public Works inspector prior to in-place density testing. Materials testing technicians shall furnish copies of failed test results to the inspector promptly as the results become available. On a weekly basis when testing is being performed, the developer shall furnish the inspector with copies of all test results taken during the prior week and a cover letter, signed by the supervising registered professional engineer, which summarizes the results and discusses any failed tests or inconsistencies. The City materials testing requirements are provided in Table 720-1. All testing procedures, point of verification and central lab requirements shall be as specified in the Frequency Guide Schedule of the Colorado Department of Transportation Field Materials Manual. One test is required for any fraction of the specified frequency. The reference to Section 203.07 in the table is from the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Table 720-1 City of Wheat Ridge Materials Testing Requirements Type of Test Frequency Remarks Soil Survey (Classification), 1 per 1000 feet of roadway, Surveys for roadway, sidewalk AASHTO M145 sidewalk or pipe trench and trench may be combined Moisture-Density Curve, 1 per on-site soil type AASHTO method determined AASHTO T99 or T180 1 per import material source by soil or materials type Embankment in-place density, 1 per 300 feet per lane per 8 Minimum density per soil Colorado Procedures inch loose lift classification, Section 203.07 Roadway subgrade in-place 1 per 300 feet per lane Minimum density per soil density, Colorado Procedures classification, Section 203.07 Sidewalk subgrade in-place 1 per 300 feet of sidewalk Minimum density per soil density, Colorado Procedures classification, Section 203.07 Pipe trench in-place density, 1 per 200 feet of trench per 2 Minimum density per soil Colorado Procedures foot vertical interval classification, Section 203.07 Aggregate base course in-place 1 per 300 feet per lane Minimum 95% of maximum density, Colorado Procedures density, T180 Lime treated subgrade in-place 1 per 300 feet per lane No less than 95% of std. dry density, Colorado Procedures density and opt. moisture, T99 Cement treated base in place 1 per 300 feet per lane Density in accordance with density, Colorado Procedures contract documents, T134 Hot Bituminous Pavement 1 per each HBP grade and Within specifications of asphalt content and gradation Marshall blow specified approved mix design Hot Bituminous Pavement in- 1 per 300 feet per lane per lift 92-96% of max. density except place density, Colo. Procedures Grade F to be 90-95%, T209 Concrete compressive strength 1 per 100 cubic yards PCC pavement, structural AASHTO Procedures concrete, sidewalks and curbing Concrete air content and slump 1 per 50 cubic yards PCC pavement, structural AASHTO Procedures concrete, sidewalks and curbing -)ut Page 1 of' To: bmiller@engineeringserviceco.com Subject: Perrin's Row subdivision Brett- Pursuant to our conversation of this morning, please modify the Perrin's Row Subdivision plat (one sheet), as follows: 1. Remove signature block for "Chairman of Parks and Recreation Department". 2. Add signature block for "Director of Public Works". 3. Add signature block for "Director of Planning and Development". Once the changes have been completed, please submit a blackline photographic mylar with original signatures and seals done in black, indelible ink for recording. The document must meet the requirements of the Jefferson County Clerk and Recorder's office. If you have any questions, feel free to contact me at 303-235-2848. Meredith Printed for Meredith Reckert <meredith@ci.wheatridge.co.us> 10/3/2002 RI F No.581 10/03 '02 PM 1206 ID:ESC FAX=303 337 7481 PAGE 2 NOTES CONTINUED LOTS I THROUGH 13. INCLUSIVE, BLOCK L OF THIS SUBDIVISION AREA ZONED PMUD (PLANNED MIXED USE DEVELOPMENT). NON-EXCLUSIVE EASEMENTS GRANTED ACROSS LOTS 7. B AND 13 ARE HEREBY DEOICATED TO THE PERRIN'S ROW SUBDIVISION HOMEOWNERS' ASBOCIATIDN FOR THE MAINTENANCE, REPAIR ANO/OR REPLACEMENT OF COMMON ELEMENT IMPROVEMENTS CONSTRUCTED WITHIN SAID EASEMENTS. PIANNINC COMMISSION CFRTIFICAYEr THIS IS TO CERTIFY THE WITHIN PUT HAS BEEN APPROVEO BY THE PLANNING COMMISSION OF THE CITY OF WNFAT RIDGE, COLORADO- SURVEYORS ERTIFI'A= I, BRETT L. MILLER. 00 HEREBY CERTIFY THAT THE SURVEY OF THE 13OUNOARY OF PERRIN'S ROW SUBDIVISION WAS MADE UNDER MY SUPERVISION. RESPONSIBILITY AND CHECKING ON MARCH 25, 2002 AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND IN ACCORDANCE WITH ALL APPUCABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED AND THE ACCOMPANYING PUT ACCURATELY REPRESENTS SAID SURVEY. BRE-11 L. MILLER PROFESSIONAL L.S. NO. 27409 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN )%RFE 7,FARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN 717V WARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ANY PERSON WHO KNOWINGLY REMDVE9. ALTERS 00 DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CUSS TWO(4 MISDEMEANOR PURSUANT TO STAFE STATUTE IB-A-SOB. OF THE COIL RADO REVISED STATUTE. MAYOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THE CRT' OF WHEAT RIDGE. COLORADO, BY MOTION OF TITS CITY COUNCIL DID ON THIS _ DAY OF 20QT, AOOPT AND APPROVE THE WITHIN PUT AND ACCEPT THE 1) CATIONS HEREON MADE. ATTEST: CITY SEAL COUNTY CLERK AN0 RFCORDFRR CERTFICATIONg ACCEPTED FOR FILING IN THE OFFICE OF OF THE COUNTY CLERK AND RECORDER OF RIECkPTION NO. EFFERSON COUNTY AT GOLDEN, COLORADO ON THIS _ DAY OF 20 AT -O'CLOCK-.M. JEFFERSON COUNTY CLERK AND Y: u CLERK FI'.E No.581 10/03 '02 PM 1206 ID:ESC FAX:303 337 7481 PAGE 1 K4. 4% EngirtirWH I i ll k ompany ~ai~triee~ ~.~~vl4yt~rs 1300 South Pdibm04~ ,Aurgr.il, Colorado 80012 Phony: 10, b7130fhjx:`SftAH T-Ta91 To. Meredith Reckert - City of Wheat Ridge Proms Brett Miller Pwxc 303-235-28571303-1.3Y-69.Z-1 PwBerr 2 Phone: 303-235-2848 Dates 10-03-02 Re: Perrin's Row Subdivision CC: 0 Urgent Cl For RsvlMw 0 Please Comment x Please Reply 0 Please Recycle • Comments: Men ere the revload signatuns blocks par your small, planes review to make sure they are correct before we run the mylar. Thanks 7500 West 29th Avenue The City of Wheat Ridge. Colorado 80033 Wheat Ridee Telephone 303/235-2846 FAX 303/235-2857 August 26, 2002 Richard Oneslager Balmar Management Group, LLC 5271 S. Yampa St Centennial, CO 80015 Dear Richard: The following are my comments regarding the covenants for the Perrin's Row development: 1 Replace references to Wheat Ridge Clerk and Recorder's with Jefferson County Clerk and Recorder's (p. 10 but there may be others that I missed). 2. Add a restriction prohibiting the parking of RV'S's's, boats and utility trailers. 3. Add a provision specifying that landscaping within the Depew Street right-of-way including the irrigation system will be maintained by the HOA. 4. Add residential project identification signs to the common elements to be maintained by the association. 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: WZ-02-06 file Peggy Friesan 2 CONDOMINIUM DECLARATION 1EC~ VED FOR PERRIN'S ROW THIS CONDOMINIUM DECLARATION (this "Declaration") ' as of is made by IC Development Company, a Colorado limited liability comp ject to the provisions of Section 2.20, as "Declarant"). Declarant is the owner of ce real property in the City of Wheat Ridge, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Land"). Declarant hereby makes the following grants, submissions, and declarations: ARTICLE 1 IMPOSITION OF COVENANTS 1.1 Purpose. The purpose of this Declaration is to create a condominium project known as Perrin's Row (the "Condominium Project" or "Project") by submitting the Land to the condominium form of ownership and use pursuant to the Colorado Common Interest Ownership Act. 1.2 Intention of Declarant. Declarant desires to protect the value and desirability of the Condominium Project, to further a plan for the improvement, sale, and condominium ownership of the Condominium Project, to create a harmonious and attractive development, and to promote and safeguard the health, comfort, safety, convenience, and welfare of the owners of units in the Condominium Project. 1.3 Declaration. To accomplish the purposes and intentions recited above, Declarant, for itself, its successors and assigns, hereby submits the Land, together with all improvements, appurtenances, and facilities relating to or located on the Land now and in the future, to condominium ownership under the Act, and hereby imposes upon all of the Land the covenants; conditions, restrictions, easements, reservations, rights-of-way, and other provisions of this Declaration. The Land hereafter shall be held, sold, conveyed, encumbered, leased, rented, occupied, and improved, subject to the provisions of this Declaration. 1.4 Covenants Running With the Land. All provisions of this Declaration shall be deemed to be covenants running with the land, or as equitable servitudes, as the case may be, and shall benefit and be binding upon Declarant, all Owners and their respective heirs, executors, administrators, personal representatives, successors, assigns, tenants, employees, guests and invitees. ARTICLE 2 DEFINITIONS The following words, when used in this Declaration, shall have the meanings designated below unless the context expressly requires otherwise: 2.1 "Act" means the Colorado Common Interest Ownership Act, Colorado Revised Statutes 38-33.3-101. et seq., as amended and supplemented from time to time. If the Act is 532869.2 repealed, the Act, as it existed on the effective date of this Declaration, shall remain applicable to this Declaration. 2.2 "Agencies." Agencies shall mean and collectively refer to, the Federal National Mortgage Association (FNMA), the Government National Mortgage Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Department of Housing and Urban Development (HUD), the Department of Veterans Affairs (VA), the Colorado Housing and Finance Authority (CHFA) or any other governmental or quasi-governmental agency or any other public, quasi-public or private entity which performs (or may perform in the future) functions similar to those currently performed by any of such entities. 2.3 "Allocated Interest" means the percentage undivided interest in the Common Elements, the percentage of total Common Expense Liability and the percentage of the total number of votes in the Association allocated to each of the Units as set forth on Exhibit B. The formulas used to establish the Allocated Interests are described in ARTICLE 4. 2.4 "Assessments" means the annual, special and default Assessments levied pursuant to this Declaration. 2.5 "Association" means Perrin's Row Condominium Owners' Association, Inc., a Colorado nonprofit corporation. 2.6 "Board of Managers" or "Board" means the governing body of the Association, as provided in this Declaration and in the Articles of Incorporation of the Association (the "Articles") and Bylaws of the Association and in the Act. 2.7 "Bylaws" means the bylaws adopted by the Association to regulate the internal affairs of the Association, as they may be amended from time to time. 2.8 " Commercial Committee" means the member of the Board of Managers elected by the Owner of the Commercial Unit pursuant to the provisions of Section 8.3. 2.9 "Commercial Common Elements" means Limited Common Elements that are exclusively or predominantly accessible to or designed to serve the Commercial Unit. Commercial Common Elements include any surface parking spaces identified on the Map as "Commercial LCEs". 2.10 "Commercial Common Expenses" means Common Expenses, if any, that the Board has determined should be home by Owners of Commercial Units because the benefit of such Common Expenses inures exclusively or predominately to Owners or tenants of Commercial Units. 2.11 "Commercial Unit" means any Unit identified as a Commercial Unit on the Map and on Exhibit B to this Declaration, reflecting Declarant's intention that it be used for retail, commercial, business or professional office purposes. 2.12 "Common Elements" means all of the Condominium Project, other than the Units, including but not limited to: 532869.2 2 (a) the Land; and (b) the Improvements (including, without limitation, the foundations, columns, girders, beams, supports, perimeter and supporting walls, chimneys, chimney chases, roofs, patios, balconies, entrances and exits, and the mechanical installations of the Improvements consisting of the equipment and. materials making up any central services such as power, light, gas, hot and cold water, sewer, cable television, and heating and central air-conditioning which exist for use by the Owners, including the pipes, vents, ducts, flues, cable conduits, wires, telephone wire, and other similar utility installations used in connection therewith), except for the Units; and (c) the yards, sidewalks, walkways, paths, grass, shrubbery, trees, driveways, roadways, landscaping, gardens, parking areas, and related facilities upon the Land; and (d) the pumps, tanks, motors, fans, storm drainage structures, compressors, ducts, and, in general, all apparatus, installations, and equipment of the Improvements existing for use by the Owners; and (e) all other parts of the Condominium Project designated on the Map as Common Elements and existing for the use by the Owners. The Common Elements shall be owned by the Owners of the separate Units as tenants in common. Each Owner shall have an undivided interest in the Common Elements as allocated on Exhibit B. 2.13 "Common Expense Liability" means the liability for Common Expenses allocated to each Unit pursuant to this Declaration. 2.14 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves, including but not limited to the following items: (a) expenses of administration, insurance, operation, and management, repair, or replacement of the Common Elements as provided in this Declaration; (b) expenses declared Common Expenses by the provisions of the Act, this Declaration or the Bylaws; (c) all sums lawfully assessed against the Units by the Board of Managers; (d) expenses agreed upon as Common Expenses by the members of the Association; and (e) expenses provided to be paid pursuant to any Management Agreement. 2.15 "Condominium Map" means the Map. 2.16 "Condominium Project" has the meaning assigned to it in Section 1.1 hereof. 532869.2 3 2.17 "Condominium Unit" means the fee simple interest in a Unit, together with the undivided interest in the Common Elements appurtenant to that Unit, as allocated in Exhibit B. 2.18 "Construction Defect Claim" means a claim, asserted by the Association on its own behalf or on behalf of the Owners of two or more Units, for damages or other relief arising out of any alleged defect in the design or construction of any improvement that constitutes part of the Project at any time while this Declaration is in force. 2.19 "Costs of Enforcement" means all monetary fees, fines, late charges, interest, expenses, costs, including receiver's and appraiser's fees, and reasonable attorneys' fees and disbursements, including legal assistants' fees, incurred by the Association in connection with the collection of annual, special, and default Assessments or in connection with.the enforcement of the terns, conditions and obligations of the Project Documents. 2.20 "Declarant" means IC Development Company, together with any transferee of its rights as Declarant in accordance with the provisions of the Act. 2.21 "Declaration" means this Declaration, together with any supplement or amendment to this Declaration that may be adopted in accordance with the Act. 2.22 "Development Rights" means the rights of the Declarant set forth in ARTICLE 16 of this Declaration. 2.23 "Eligible First Mortgagee" means a First Mortgagee which has notified the Association in writing of its name and address and status as a First Mortgagee and has requested that it receive notices provided for in ARTICLE 20 of this Declaration. 2.24 "First Mortgage" means a Security Interest in a Unit which has priority over all other Security Interests in the Unit. 2.25 "First Mortgagee" means the holder of a First Mortgage. 2.26 "Horizontal Boundary" means a plane of elevation shown on the Map in relation to a benchmark identified on the Map that defines either a lower or an upper boundary of a Unit, such that any portion of the Project that is below a defined lower plane or above a defined upper plane is not part of the Unit. 2.27 "Improvements" means the buildings (including all fixtures and improvements contained within them) located on the Land in which Units or Common Elements are located. 2.28 "Individual Residential Unit" means a Unit that consists of a single residential dwelling unit. 2.29 "IRU Committee" means the members of the Board of Managers elected by the Owners of Individual Residential Units pursuant to the provisions of Section 8.3. 2.30 "IRU Common Elements" means Limited Common Elements that are exclusively or predominantly accessible to or designed to serve one or more Individual 532869.2 4 Residential Units. IRU Common Elements include the parking spaces identified on the Map as "IRU LCEs". 2.31 "IRU Common Expenses" means Common Expenses, if any, that the Board has determined should be borne by Owners of Individual Residential Units because the benefit of such Common Expenses inures exclusively or predominately to Owners of Individual Residential Units. IRU Common Expenses will ordinarily be, but need not consist exclusively of, expenses of maintaining and repairing IRU Common Elements. 2.32 "Land" means the real property described in Exhibit A attached to this Declaration. 2.33 "Limited Common Elements" means those portions of the Common Elements that are limited to and reserved for use in connection with one or more, but fewer than all, of the Units. Without limiting the foregoing, the Limited Common Elements shall include (a) any balcony that is accessible only from a Unit, (b) any shutters, awnings, window boxes, doorsteps or stoops designed to serve a single Unit, (c) IRU Common Elements, and Residential Common Elements, and (d) the elevator, the Carport, and any parking spaces, Restricted Parking Spaces, and/or Carport Spaces designated as Limited Common Elements in this Declaration or on the Map. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion thereof exclusively serving that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. Limited Common Elements also include any portion of the Common Elements allocated by this Declaration or on the Map as Limited Common Elements. All Limited Common Elements shall be used in connection with the appurtenant Unit(s) to the exclusion of the use thereof by the other Owners, except by invitation. Subject to the Association's overall responsibility for maintenance of the Limited Common Elements, each Owner shall be responsible for routine maintenance and care of the walls, ceilings -and floors of any balcony or of any other Limited Common Elements appurtenant to and accessible only from the Owner's Unit, and for keeping the same in a good, clean, sanitary, and attractive condition. No reference to Limited Common Elements need be made in any instrument of conveyance or encumbrance in order to convey or encumber the Limited Common Elements appurtenant to a Unit. 2.34 "Management Agreement" means any contract or arrangement entered into by the Association and providing for the operation, maintenance and management of the Condominium Project by a professional manager. 2.35 "Managing Agent" means a person, firm, corporation, or other entity employed or engaged as an independent contractor pursuant to a Management Agreement to perform management services for the Association. 2.36 "Map" means the map and survey plat for the Condominium Project that, taken as a whole, depicts the Condominium Project in three dimensions, is executed by the Declarant and is filed for record in the Records substantially concurrently with the recording in the Records of 532869.2 this Declaration. As and to the extent provided in the Act, the Map is a part of this Declaration. 2.37 "Occupant" means any member of a Owner's family, or a Owner's tenant, guest, employee or invitee, who occupies a Unit for any period of time. 2.38 "Owner" means a Unit Owner. 2.39 "Period of Declarant Control" means the maximum period of time defined and limited by the Act and Section 8.7 of this Declaration during which the Declarant may, at its option, appoint the members of the Board of Managers and the officers of the Association. 2.40 "Person" means an individual or a corporation, partnership, limited liability company, trust or other entity capable of holding title to real property under Colorado law. 2.41 "Project" means the Condominium Project, as defined in Section 1.1. 2.42 "Project Documents" means the basic documents creating and governing the Condominium Project, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws of the Association, the Map, and any procedures, Rules and Regulations, or policies relating to the Condominium Project adopted under such documents by the Association or the Board of Managers. 2.43 "Purchaser" means a person who by means of a transfer acquires legal or equitable title to a Unit, other than a Security Interest or a leasehold estate in a Unit having a term of less than 40 years. A Person who is a Successor Declarant is not a Purchaser. 2.44 "Real Estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with the conveyance of land though not described in the contract of sale or instrument of conveyance. Real Estate includes parcels with or without Horizontal Boundaries and spaces that may be filled with air or water. 2.45 "Records" means the Office of the Clerk and Recorder of the City of Wheat Ridge, Colorado. 2.46 "Residential Common Elements" means Limited Common Elements that are exclusively or predominantly accessible to or designed to serve two or more Residential Units. Residential Common Elements include the elevators providing a common means of access to and from the Individual Residential Units located above the Commercial Unit and any parking spaces designated as such on the Map. 2.47 "Residential Unit" means any Unit that is not a Commercial Unit. 2.48 "Restricted Parking Spaces" means the 28 covered parking spaces within the geographic limits of the Land (the "Carport Spaces"), together with any Restricted Parking Spaces which are designated as such on the Map and/or required by the City of Wheat Ridge to be held available for patrons or invitees to the Commercial Unit. The initial location of the 532869.2 6 Restricted Parking Spaces and the Carport Spaces are shown on the Map, but, subject to the approval of the City of Wheat Ridge, the Board of Managers may elect to relocate the Restricted Parking Spaces within the Land from time to time without amending the Map or this Declaration. 2.49 "Storage Space" means the spaces within the Commercial Unit identified as a Storage Space(s) on the Map and, reflecting Declarant's intention that the Owner of the Commercial Unit, or its successors and assigns, lease or sell such spaces to non-Owners, Owners, lessees of the Commercial Unit, or as otherwise determined by the then-Owner of the Commercial Unit. 2.50 "Rules and Regulations" means the rules and regulations promulgated by the Board of Managers for the management, preservation, safety, control, and orderly operation of the Condominium Project in order to effectuate the intent and to enforce the obligations set forth in the Project Documents, as amended and supplemented from time to time. 2.51 "Security Interest" means a consensual interest in Real Estate or personal property constituting part of the Condominium Project, created by contract or conveyance and securing payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed or security deed, the seller's interest under contract for deed or land sales contract if the buyer has the right to possession of the property, a lease intended as security, an assignment of lease or rents intended as security, and any other consensual lien or title retention contract intended as security for an obligation. If the context so requires, the holder of a Security Interest includes any insurer or guarantor of a Security Interest. 2.52 "Special Declarant Rights" means those rights reserved by Declarant in Articles 15 and 16 of this Declaration. 2.53 "Successor Declarant" means any person or entity who succeeds to any Special Declarant Right. 2.54 "Unit" means a physical portion of the Condominium Project which is designated for separate ownership or occupancy and the boundaries of which are described in or determined by this Declaration. Each Unit shall be designated by a separate number, letter, address or other symbol or combination thereof that identifies only one Unit in the Condominium Project as more specifically set forth on Exhibit B. The lath, furring, wall board, plaster board, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the finished surfaces of walls, floors, or ceilings that are designated as boundaries of a Unit in this Declaration are a part of the Unit and all other portions of the walls, floors or ceilings are a part of the Common Elements. 2.55 "Unit Owner" means the Declarant or any other person or entity which owns record title to a Unit excluding any person having a Security Interest in a Unit unless such person has acquired record title to the Unit pursuant to foreclosure or any proceedings in lieu of foreclosure. 2.56 "Vertical Boundary" means a plane depicted on the Map that defines a boundary of a Unit other than a Horizontal Boundary of that Unit. 532869.2 ARTICLE 3 DIVISION OF PROJECT INTO CONDOMINIUM OWNERSHIP 3.1 Division Into Condominium Units. The Land and the Improvements are hereby divided into 20 Individual Residential Units, and 1 Commercial Unit. Each Unit consists of a fee simple interest in the space defined by the Horizontal Boundaries and the Vertical Boundaries associated with such Unit and an undivided fee simple interest in the Common Elements, the percentage undivided interest being as set forth on Exhibit B. The undivided interest in the Common Elements associated with each Unit is hereby declared to be appurtenant to and inseparable from that Unit. The total of the undivided interests in the Common Elements set forth in Exhibit B, rounded to the nearest one thousandth of one percent, shall be deemed to equal 100 percent for purposes of this Declaration. 3.2 Delineation of Unit Boundaries. The boundaries of each Unit are delineated and designated by an identifying number on the Map, and those numbers are set forth in Exhibit B. 3.3 Inseparability of Condominium Unit. Except as provided in Section 3.5 below, no part of a Condominium Unit other than the Commercial Unit or of the legal rights comprising ownership of a Condominium Unit maybe partitioned or separated from any other part thereof during the period of condominium ownership prescribed in this Declaration. Each Condominium Unit other than the Commercial Unit shall always be conveyed, transferred, devised, bequeathed, encumbered, and otherwise affected only as a complete Condominium Unit. Every conveyance, transfer, gift, devise, bequest, encumbrance, or other disposition of a Condominium Unit or any part thereof shall be presumed to be a disposition of the entire Condominium Unit, together with all appurtenant rights and interests created by law or by this Declaration, including the Owner's membership in the Association. 3.4 Non-partition of Common Elements. The Common Elements shall be owned in common by all of the Owners and shall remain physically undivided, and no Owner shall bring any action for partition or division of the Common Elements. By acceptance of a deed or other instrument of conveyance or assignment to a Condominium Unit, each Owner of the Condominium Unit shall be deemed to have specifically waived such Owner's right to institute or maintain a partition action or any other cause of action designed to cause a division of the Common Elements, and this section may be pleaded as a bar to the maintenance of such an action. Any Owner who shall institute or maintain any such action shall be liable to the Association and hereby agrees to reimburse the Association for the Costs of Enforcement in defending any such action. 3.5 Alterations and Subdivision of Units; Relocation of Boundaries Between Adjoining Units. Subject to the requirements set forth in Section 13.4 for prior written approval by the Declarant or the Association, as the case may be, with the prior written consent of any first Mortgagee, Owners shall have the right to alter their Units, subdivide their Units, relocate boundaries between their Unit and an adjoining Unit or reallocate Limited Common Elements between or among Units subject to the provisions and requirements of the Act. Notwithstanding the foregoing, for so long as Declarant owns or holds a Security Interest in a Unit, no Owner may subdivide a Unit or perform any other alteration which may increase the parking requirements 532869.2 _ 8 for the Project without the prior written consent of Declarant, which may be withheld in Declarant's sole discretion. ARTICLE 4 ALLOCATED INTERESTS 4.1 Allocation of Interests. The Allocated Interests initially assigned to each Unit are set forth on Exhibit B, subject to reallocation in accordance with Section 4.4 of this Declaration. 4.2 Formulas for the Allocation of Interests. The Allocated Interests for each Unit have been calculated on the following formulas: (a) Undivided Interest in the Common. Elements. The undivided interest in the Common Elements allocated to each Unit shall be expressed as a percentage and shall calculated in accordance with the following formula, which formula is based on the square footage of the Unit compared to the total square footage of the Condominium Project: Percentage Interest in Area of the Unit (sq. ft.) divided by x100 Common Elements Total Area of the Project (sq. ft.) (b) Common Expenses Liability. The percentage of liability for Common Expenses allocated to each Unit is based upon the same formula set forth in subsection (a) above, i.e., the Common Expense Liability is calculated according to the square footage of the Unit compared to the total square footage of the Condominium Project. Notwithstanding the foregoing, the Board of Managers shall make reasonable efforts to identify any Common Expenses that constitute 1RU Common Expenses or Commercial Common Expenses, and shall allocate such Common Expenses in accordance with the provisions of Section 10.3. (c) Votes. Each Unit in the Condominium Project shall have one vote for each 800 square feet of space in the Unit; provided, however, that each Unit shall have a minimum of one vote. For purposes of calculating the number of votes per Unit, any square footage not evenly. divisible by 800 and greater than 400 square feet shall be rounded upward and any square footage not evenly divisible by 800 and less than or equal to 400 square feet shall be rounded downward. The square footage for each Unit is set forth in Exhibit B. Any provision of the Project Documents that requires a specified percentage, portion or fraction of Owners for the approval, disapproval or authorization of any act or decision, unless the context clearly requires otherwise, shall be construed to refer to the specified percentage, portion or fraction of all of the votes allocated to the Owners under this Declaration. 4.3 Rounding Convention. The total of any Allocated Interests stated as a fraction or decimal, shall be rounded up to the nearest one-hundredth of one percent (0.01 and shall be deemed to equal to one hundred percent (100%) for purposes of this Declaration. 532869.2 9 4.4 Reallocation of Allocated Interests. The Allocated Interests of Units set forth on Exhibit B shall be reallocated if Units are (a) added to the Condominium Project, (b) converted to Common Elements or Limited Common Elements, (c) withdrawn from the Condominium Project or (d) reconfigured or subdivided as may be permitted by the Act and Section 3.5 of this Declaration. Any such reallocation shall be made in accordance with the formula set forth in Section 4.2. The effective date for reallocating Allocated Interests to Units shall be the date on which an amendment or supplement to this Declaration is recorded in the Records or, if no such amendment is required, the date that the Board of Managers records a revised Exhibit B in the Records. ARTICLE 5 CONDOMINIUM MAP The Map shall be filed in the Records. Any Map filed subsequent to the first Map shall be termed a supplement to the Map, and the numerical sequence of such supplements shall be shown thereon. The Map shall include a land survey plat prepared in accordance with the requirements of the Act. In interpreting the Map, the existing physical boundaries of each Unit as constructed shall be conclusively presumed to be the boundaries of such Unit. ARTICLE 6 LEGAL DESCRIPTION AND TAXATION OF UNITS 6.1 Contracts to Convey Entered into Prior. to Recording of Declaration and Map. A contract or other agreement for the sale of a Unit entered into prior to the filing of this Declaration in the Records may legally describe such Unit in substantially the manner set forth in this Article and may indicate that this Declaration and Map are to be recorded. 6.2 Contracts to Convey and Conveyances Subsequent to Recording of Declaration and Map. Subsequent to the recording of the Declaration and Map, contracts to convey, instruments of conveyance of Units, and every other instrument affecting title to a Unit shall be in substantially the following form with such omissions, insertions, recitals of fact, or other provisions as may be required by the circumstances or appropriate to conform to the requirements of any governmental authority, practice or usage or requirement of law with respect thereto: Unit Perrin's Row, according to the Declaration for Perrin's Row recorded , 2002, in the office of the Clerk and Recorder of the -City of Wheat Ridge, Colorado, at Reception No. , and the Condominium Map for Perrin's Row recorded on 2002, in such office at Reception No. 6.3 Conveyance Deemed to Describe an Undivided Interest in Common Elements. Every instrument of conveyance, Security Interest, or other instrument affecting the title to a Unit which legally describes the Unit substantially in the manner set forth above shall be construed to describe the Unit, together with the undivided interest in the Common Elements appurtenant to it, and together with all fixtures and improvements contained in it, and to incorporate all the rights incident to ownership of a Unit and all the limitations of ownership as 532869.2 10 described in this Declaration, including the easements of enjoyment to use the Common Elements. 6.4 Separate Tag Assessments. Upon the filing for record of this Declaration and the Map in the Records, Declarant shall deliver a copy of this Declaration to the Assessor of the County in which the Land is located as provided by law. The lien for taxes assessed shall be confined to the Units. No forfeiture or sale of any Unit for delinquent taxes, assessments, or other governmental charge shall divest or in any way affect the title to any other Unit. ARTICLE 7 UNIT OWNERS' PROPERTY RIGHTS IN COMMON ELEMENTS 7.1 Common Elements. Every Owner and Occupant shall have a perpetual right and easement of access over, across, and upon the Common Elements for the purpose of access to and from the Unit from public ways for both pedestrian and vehicular travel, which right and easement shall be appurtenant to and pass with the transfer of title to such Unit; provided, however, that such right and easement shall be subject to the following: (a) the covenants, conditions, restrictions, easements, reservations, rights-of- way, and other provisions contained in this Declaration, and the Map; (b) the right of the Association to adopt, from time to time any and all Rules and Regulations concerning vehicular traffic and travel upon, in, under and across the Condominium Project, and to assign parking spaces to Owners or otherwise regulate parking within the Project; and (c) the right of the Association to adopt, from time to time, any and all Rules and Regulations concerning the Condominium Project as the Association may determine are necessary or prudent for the management, preservation, safety, control and orderly operation of the Condominium Project for the benefit of all Owners and Occupants, and for facilitating the greatest and most convenient availability and use of the Units and Common Elements by Owners and Occupants. 7.2 Limited Common Elements. Subject to the provisions of this Declaration, every Owner shall have the right to use and enjoy the Limited Common Elements appurtenant to such Owner's Unit. The Association shall have the power to adopt Rules and Regulations governing the use of the Limited Common Elements pursuant to Subsection 7.1(c). ARTICLE 8 . MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 8.1 Association- Membership. The Association's Articles of Incorporation shall be filed no later than the date the first Unit in the Condominium Project is conveyed to a Purchaser. Every Owner shall be a member of the Association and shall remain a member for the period of the Owner's ownership of a Unit. No Owner, whether one or more persons or entities, shall have more than one membership per Unit owned, but all of the Persons owning a Unit shall be entitled to rights of membership and of use and enjoyment appurtenant to ownership of a Unit. Membership in the Association shall be appurtenant to, and may not be separated from, 532869.2 11 ownership of a Unit. If title to a Unit is held by more than one individual, or by a Person other than an individual, such Persons shall by written instrument executed by all of them and delivered to the Association appoint and authorize one individual (and, at their option, one alternate individual in case the first is unavailable to act) to represent the Owners of the Unit. Such representative shall be a natural person who is an Owner (or, in the case of a Unit not owned by an individual, a natural person having substantial management responsibilities with respect to the Owner of such Unit), and such representative shall have the power to cast votes on behalf of the Owner or Owners as a member of the Association, and serve on the Board of Managers if elected, subject to the provisions of and in accordance with the procedures more fully described in the Bylaws of the Association. Notwithstanding the foregoing, if the Association has not received the written instrument required above and if only one of the multiple Owners of a Unit is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that Unit. If the Association has not received the written instrument required above and if more than one of the multiple Owners are present either in person or by proxy, the Association may assume that any Owner who casts the vote allocated to that Unit is entitled to do so unless one or more of the other Owners of the Unit or their proxy promptly protests to the person presiding over the meeting. If such protest is made, the vote allocated to the Unit may only be cast by written instrument executed by all Owners or their proxies who are present at the meeting. The Owner of the Commercial Unit shall have the right to veto any decision that applies only to the Commercial Unit or that adversely affects the Commercial Unit. 8.2 Voting Rights and Meetings. Each Unit in the Condominium Project shall have the vote allocated to it pursuant to ARTICLE 4 of this Declaration; provided, however, no votes allocated to a Unit owned by the Association may be cast. A meeting of the Association shall be held at least once each year. Special meetings of the Association may be called by the President, by a majority of the Board of Managers, or by Owners having 20%, or any lower percentage specified in the Bylaws, of the votes in the Association. Not less than 10 and no more than 50 days in advance of any meeting, the Secretary or other officer specified in the Bylaws shall cause notice to be hand-delivered or sent prepaid by United States Mail to the mailing address of each Owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to this Declaration or the Bylaws, any budget changes; and any proposal to remove an officer or member of the Board of Managers. Unless the Bylaws provide for a higher percentage, a quorum is deemed present throughout any meeting of the Association when persons entitled to cast 40% of the votes which may be cast for election of the Board of Managers are present, in person or by proxy, at the beginning of the meeting. 8.3 Class Voting for Managers. Elections of members of the Board of Managers shall be conducted on a class basis, where the Owners of Individual Residential Units constitute one class, the Owner of the Commercial Unit constitutes the other class. The class consisting of the Owner of theCommercial Unit shall be entitled to elect four members of the Board of Managers. The class consisting of Owners of Individual Residential Units shall be entitled to elect three members of the Board of Managers. Individuals elected by a given class need not be - members of that class but must be Owners or designated representatives of Owners. . 8.4 Meeting to Approve Annual Budget. At the annual meeting of the Association or at a special meeting of the Association called for such purpose, the Owners shall be afforded 532869.2 12 the opportunity to ratify a budget of the projected revenues, expenditures and reserves for the Association's next fiscal year as proposed by the Board of Managers. A summary of the proposed budget approved by the Board of Managers shall be mailed to the Owners within 30 days after its adoption by the Board, along with a notice of a meeting of the Association to be held not less than 14 nor more than 60 days after mailing of the summary to the Owners. Unless at the meeting 80% of all Owners (as opposed to a majority of those present and voting in person or by proxy) reject the proposed budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the budget last ratified by the Owners shall continue until such time as the Owners ratify a subsequent budget proposed by the Board of Managers as provided above. Failure of the Owners to ratify a budget shall not affect the validity or enforceability of any Assessment made by the Association with reference to such budget. 8.5 Owners' and Association's Addresses for Notices. All Owners of each Unit shall have the same registered mailing address to be used by the Association or other Owners for notices, demands, and all other communications regarding Association matters. The Owner or the representative of the Owners of a Unit shall furnish such registered address to the secretary of the Association within ten days after transfer of title to the Unit to such Owner or Owners. Such registration shall be in written form and signed by all of the Owners of the Unit or by such persons as are authorized to represent the interests of all Owners of the Unit. If no address is registered or if all of the Owners cannot agree, then the address of the Unit shall be deemed their registered address until another registered address is furnished as required under this section. If the address of the Unit is the registered address of the Owner(s), then any notice shall be deemed duly given if delivered to any person occupying the Unit or, if the Unit is unoccupied, if the notice is held and available for the Owners at the principal office of the Association. All notices and demands intended to be served upon the Board of Managers shall be sent to the following address or such other address as the Board of Managers may designate from time to time by written notice to the Owner(s): Board of Managers Perrin's Row Condominium Owners' Association, Inc. Notices given in accordance with this section may be sent by personal delivery, which shall be effective upon receipt; by overnight courier service, which shall be effective upon the next delivery day following deposit with the courier service; or regular, registered or certified mail, postage prepaid, which shall be effective three days after deposit in the U.S. mail. 8.6 Transfer Information. Each Purchaser of a Unit, whether from the Declarant or from a previous Purchaser, shall notify the Association in writing within 10 days after acquiring such Unit. The notice shall specify the Purchaser's name, address and telephone number, the Unit purchased and the date of purchase, and. the name of the former Owner from whom the Purchaser acquired the Unit. The Purchaser shall also provide a true and correct copy of the recorded instrument conveying the Unit or such other evidence of the conveyance as is reasonably acceptable to the Association. In addition, the Association may request such other 532869.2 13 information as the Association determines is necessary or desirable in order to maintain accurate records concerning the ownership of all Units. The Association or Managing Agent shall have the right to charge the Purchaser a reasonable administrative fee for processing the transfer in the records of the Association. 8.7 Declarant Control of the Association. There shall be a Period of Declarant Control of the Association, during which the Declarant, or persons designated by the Declarant, may appoint and remove the officers of the Association and the members of the Board of Managers. The Period of Declarant Control shall commence upon filing of the Articles of Incorporation of the Association and shall terminate no later than the earlier of: (a) the date that is sixty (60) days after conveyance to Purchasers of 75% of the maximum number of Units that may be created by Declarant under this Declaration; (b) the date that is two years after the last conveyance of a Unit by Declarant or a Successor Declarant in the ordinary course of business; or (c) the date that is two years after any right to add new Units was last exercised. The Declarant may voluntarily relinquish or surrender the right to appoint and remove officers of the Association and members of the Board of Managers before the expiration of that period, in which case the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or the Board of Managers, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 8.8 Required Election of Owners. Not later than 60 days after 25% of the Units that may be created are conveyed to Owners other than a Declarant, at least one member and not less than 25% of the members of the Board of Managers shall be elected by Owners other than the Declarant. Not later than 60 days after 50% of the Units that may be created are conveyed to Owners other than a Declarant, not less than one-third of the members of the Board of Managers must be elected by Owners other than the Declarant. Not later than the termination of any Period of Declarant Control, the Owners shall elect a Board of Managers of seven, at least a majority of whom shall be Owners other than the Declarant or designated representatives of Owners other. than the Declarant. The Board of Managers shall elect the officers of the Association. The members of the Board of Managers and the officers of the Association shall take office upon election. 8.9 Removal of Members of the Board of Managers. Notwithstanding any provision of this Declaration or the Bylaws to the contrary, following notice and an opportunity to be heard as required by this Declaration and the Act, the Owners, by a two-thirds vote of all Owners present and entitled to vote (in person or by proxy) at a meeting of the Owners at which a quorum is present, may remove a member of the Board of Managers with or without cause, other than a member appointed by the Declarant. 8.10 Requirements for Turnover of Declarant Control. Within 60 days after the Owners other than the Declarant elect a majority of the members of the Board of Managers, the 532869.2 14 Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by the Declarant, including without limitation the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any Rules and Regulations which may have been promulgated; (b) An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the Period of Declarant Control ends. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Association; (c) The Association funds or control thereof; (d) All of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association or all of the Declarant's tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common Elements, and inventories of these properties; (e) A copy of any plans and specifications used in the construction of the improvements in the Condominium Project; (f) All insurance policies then in force, in which the Owners, the Association or the members of its Board of Managers and its officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to the Improvements; (h) Any other permits issued by governmental bodies applicable to the Condominium Project and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (i) Written warranties of the contractor, subcontractors, suppliers, and manufacturers that are still effective; (j) A roster of Owners and holders of Security Interests and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) Employment contracts in which the Association is a contracting party; and 532869.2 15 (1) Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the persons performing the services. ARTICLE 9 ASSOCIATION POWERS AND DUTIES 9.1 Association Management Duties. Subject to the rights and obligations of Declarant and other Owners as set forth in this Declaration, the Association shall be responsible for the administration and operation of the Condominium Project and for the exclusive management, control, maintenance, repair, replacement, and improvement of the Common Elements, and shall keep the same in good, clean, attractive and sanitary condition, order and repair. The expenses, costs and fees of such management, control, operation, maintenance, repair, replacement and improvement by the Association shall be part of the Assessments, and prior approval of the Owners shall not be required in order for the Association to pay any such expenses, costs and fees. The Association shall establish and maintain, out of the installments of the annual Assessments, an adequate reserve account for maintenance, repair or replacement of those Common Elements that must be maintained, repaired or replaced on a periodic basis. The Association shall adopt and amend budgets for revenues, expenditures and reserves which will be the basis for collection of Assessments for Common Expenses from Owners. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the requirement of Section 10.2 of this Declaration that it provide statements of status of Assessments. All financial and other records of the Association shall be made reasonably available for examination by any Owner and such Owner's authorized agents. 9.2 Association Powers. The Association shall have, subject to the limitations contained in this Declaration, the Bylaws, Articles, and the Act, the powers necessary for the administration of the affairs of the Association and the upkeep of the Condominium Project, which shall include; but not be limited to, the power to: (a) adopt and amend Bylaws and Rules and Regulations; (b) adopt and amend budgets for revenues, expenditures and reserves; (c) collect assessments for Common Expenses from Owners; (d) hire and discharge Managing Agents, provided that any Management Agreement must provide that it can be terminated by the Association, without penalty, on not more than 90 days' notice at any time; (e) hire and discharge employees and agents, other than managing agents, attorneys, accountants and independent contractors; (f) institute, defend or intervene in litigation (including seeking injunctive relief for violation of this Declaration or the Bylaws or Rules and Regulations of the Association) or administrative proceedings in the Association's name, on behalf of the Association or on behalf of two or more Owners on matters affecting the Condominium Project; 532869.2 16 (g) make contracts and incur liabilities; (h) regulate the use, maintenance, repair, replacement and modification of the Common Elements; (i) cause additional improvements to be made as part of the Common 0) acquire, hold, encumber and convey in the Association's name any right, title or interest to real property or personal property, provided that Common Elements may be conveyed or subjected to a Security Interest only in accordance with the requirements of the Act; (k) grant easements, including permanent easements, leases, licenses and concessions through or over the Common Elements; (1) impose and receive payments, fees or charges for the use, rental or operation of the Common Elements, other than Limited Common Elements, and for services provided to Owners; (m) enter into agreements relating to the use and maintenance of the Restricted Parking Spaces; (n) impose charges for late payment of Assessments, recover reasonable attorneys' fees and other legal costs incurred in collecting Assessments and in other actions to enforce the rights or powers of the Association, regardless of whether or not suit was initiated, and, after notice and hearing, levy reasonable fines for violations of this Declaration or the Bylaws or Rules and Regulations of the Association; (o) impose a reasonable charge for the preparation and recordation of amendments to this Declaration or for statements of unpaid Assessments; (p) provide for the indemnification of the Association's officers and Board of Managers and maintain managers' and officers' liability insurance; (q) assign the Association's right to future income, including the right to receive Assessments, provided that any such assignment may be authorized only by unanimous vote of the Board of Managers, at a time at which there are no vacancies on the Board of Managers; (r) interpret, construe and enforce the terms of the Project Documents; (s) exercise any other powers conferred by the Act, the Articles, this Declaration or the Bylaws; (t) exercise any other power necessary and proper for the governance and operation of the Association; and 532869.2 17 (u) by resolution, establish committees of Owners, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee. In exercising the power to regulate the use, maintenance, repair, replacement and modification of the Common Elements, the Association shall not, except with the concurrence of the "applicable committee (as defined below) or the unanimous concurrence of all members of the Board of Managers other than the applicable committee, approve any expenditure of Association funds to maintain, repair, replace or modify "affected common elements" (as described below) or approve any restriction on the use of affected common elements. For purposes of the preceding sentence, "applicable committee" means the IRU Committee where the "affected common elements" are IRU Common Elements, and the Commercial Committee where the "affected common elements-" are Commercial Common Elements. 9.3 Actions by Board of Managers. Except as specifically otherwise provided in this Declaration, the Bylaws, Articles or the Act, the Board of Managers may act in all instances on behalf of the Association; provided, however, the Board of Managers may not act on behalf of the Association to amend this Declaration, Bylaws, Articles or Rules and Regulations, to terminate the Condominium Project or to elect members of the Board of Managers or determine the qualifications, powers and duties, or terms of office of members of the Board of Managers, but the Board of Managers may fill vacancies in its membership for the unexpired portion of any term 9.4 Approval Required for Construction Defect Claims. The Board of Managers shall not authorize the initiation of litigation or arbitration with respect to a Construction Defect Claim without first (a) distributing to all Owners a written description of the basis for the Construction Defect Claim, including a good faith estimate of the range of probable costs for legal fees and other expenses that the Association may incur in pursuing the Construction Defect Claim, and (b) obtaining the written approval of Owners to which at least a majority of all Allocated Interests are allocated. 9.5 Board of Managers Meetings. All meetings of the Board of Managers or any committee thereof will be open to the Owners or their representatives, except that the Board of Managers may hold executive or closed door session(s) and may restrict attendance to the Board of Managers and such other persons requested by the Board of Managers during a regular or specially announced meeting or any part thereof in the following situations: (a) Matters pertaining to employees of the Association or involving the employment, promotion, discipline or dismissal of an officer, agent or employee of the Association; (b) Consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client; (c) Investigative proceeding misconduct; concerning possible or actual criminal 532869.2 18 (d) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; or (e) Any matter, disclosure of which would constitute an unwarranted invasion of individual privacy. Before the Board of Managers or any committee thereof convenes in executive or closed session, the chair of the body shall announce the general matter of discussion as enumerated above. No rule or regulation of the Association shall be adopted during an executive or closed session of the Board of Managers or any committee thereof. The minutes of all meetings at which an executive or closed-session was held shall indicate that such a session was held and the general subject matter thereof. 9.6 Right to Notice and Hearing. Whenever the Act or the Project Documents require that an action be taken after "notice and hearing," the following procedure shall be observed: The party proposing to take the action (e.g., the Board of Managers, a committee, an officer, the Managing Agent) shall give notice of the proposed action to all Owners whose interests the proposing party reasonably determines would be significantly affected by the proposed action. The notice shall be delivered personally or mailed not less than three days before the proposed action is to be taken. The notice shall include a general . statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the hearing to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same manner in which notice of the hearing was given. Any Owner having a right to notice and hearing shall have the right to appeal to the Board of Managers from a decision of a proposing party other than the Board of Managers by filing a written notice of appeal with the Board of Managers within ten days after being notified of the decision. The Board of Managers shall conduct a hearing within 45 days, giving the same notice and observing the same procedures as were required for the original hearing. 9.7 Payments to Working Capital Account. The Declarant will establish a working capital fund to meet unforeseen expenditures and to purchase additional equipment or services, and, at the time of each closing of a sale of a Unit to a Purchaser, will contribute to such working capital fund an amount equal to two monthly installments of the annual Assessments against such Unit, based on the Association's budget in effect at the time of the sale. In addition, in order to provide the Association with adequate working capital funds, the Association may collect from the Purchaser, at the time of the initial sale of each Unit by Declarant, an amount equal to three monthly installments of annual Assessments against such Unit, based on the Association's budget in effect at the time of the sale. Such payments to this fund shall not be considered advance payments of annual Assessments and shall not be refundable by the Association to the Purchaser. Amounts contributed to the working capital fund shall be used only for the Association's purposes, and may not be used by the Declarant to defray any of the Declarant's expenses, reserve contributions or construction costs, or to offset any budget deficits during the Period of Declarant Control. 532869.2 19 ARTICLE 10 ASSESSMENTS 10.1 Commencement of Annual Assessments. Until the Association makes an Assessment for Common Expenses, the Declarant shall pay all Common Expenses. After any Assessment has been made by the Association, Assessments shall be made no less frequently than annually. 10.2 Annual Assessments. The Association shall levy annual Assessments to pay for the Common Expense Liability allocated to each Unit pursuant to this Declaration. The first annual Assessments shall be levied not later than 60 days after the first Unit is sold to a Purchaser. The total annual Assessments shall be based upon a budget of the Association's cash requirements for upkeep of the Condominium Project including maintenance, repair and replacement of the Common Elements as required by the Act and the Project Documents, which shall be ratified by the Owners in accordance with Section 8.4 above of this Declaration. Any surplus funds of the Association remaining after payment of or provision for Common Expenses and any prepayment of or provision for reserves shall be credited to the Owners in proportion to their Common Expense Liability or credited to them to reduce their future Assessments for Common Expenses. 10.3 Apportionment of Annual Assessments. The total annual Assessment for any fiscal year of the Association shall be assessed to the Units in proportion to their Allocated Interests in the Common Elements, as shown in Exhibit B, subject to the following exceptions: (a) Residential Common Expenses shall be charged exclusively to the Residential Units, in proportion to their respective Allocated Interests in the Common Elements; (b) IRU Common Expenses shall be charged exclusively to the Individual Residential Units, in proportion to their respective Allocated Interests in the Common Elements; (c) Commercial Common Expenses shall be charged exclusively to the Commercial Unit in proportion to its respective Allocated Interests in the Common Elements; (d) any increased cost of insurance based upon risk shall be assessed to Units creating the extra risk in proportion to their contribution to the extra risk; any increased cost of insurance based upon Agency requirements shall be assessed to Residential Units in the event such Agency insurance requirements are not applicable with respect to the Commercial Unit; (e) any Common Expense caused by the misconduct of any Owner's) may be assessed equally or on such other equitable basis as the Board of Managers shall determine against such Owner's). All such allocations of Common Expenses to Units on a basis other than the Allocated Interest in the Common Elements shall be made in the discretion of the Board of Managers whose decision, 532869.2 20 absent bad faith and subject to the Act, shall be final. A presumption shall exist that costs and expenses are Common Expenses to be allocated among all Units in proportion to Allocated Interests, except to the extent the Board of Managers determines that specific costs and expenses should be allocated differently on the basis of clearly articulated objective factors. 10.4 Special Assessments. In addition to the annual Assessments authorized above, the Board of Managers may at any time and from time to time determine, levy, and assess in any fiscal year a special Assessment applicable to that particular fiscal year (and for any such longer period as the Board of Managers may determine) for the purpose of defraying, in whole or in part, the unbudgeted costs, fees, and expenses of any construction, reconstruction, repair, demolition, replacement, renovation or maintenance of theCondominium Project, specifically including any fixtures and personal property used in the operation of the Common Elements. Any amounts determined, levied, and assessed pursuant to this Declaration shall be assessed to the Units pursuant to the.provisions in Section 10.3 above. 10.5 Individual Purpose Assessments. (a) In addition to the other Assessments as provided for herein, the Board of Managers may, at any time, and from time to time, levy and collect Assessments against any one or more, but fewer than all, of the Unit(s) for any matters applicable only to such Unit(s). Such "Individual Purpose Assessments" may include, but shall not be limited to, (i) expenses for maintaining, repairing, replacing, or improving any Limited Common Element allocated to such Unit(s); (ii) expenses of maintaining, repairing, and replacing all fixtures, equipment, and utilities that are Common Elements but provide exclusive service to such Unit(s) and any service lines from such equipment to the Unit(s), including without limitation all utility, heating, plumbing, air conditioning, and domestic hot water equipment and appurtenances; and (iii) costs of insurance assessed in proportion to risk (if reasonably determinable) and costs of utilities assessed in proportion to usage (if the same are separately measured or to the extent the same can otherwise be fairly and equitably attributed to the Unit(s)), if the use of the Allocated Interests for such Unit(s) to determine the assessment of such costs would be unfair and inequitable to other Owners. Such Individual Purpose Assessments (which include Default Assessments) may be levied against Unit(s) to pay or reimburse the Association for any costs, expenses, fees, reserves, and other charges, incurred or reasonably anticipated to be incurred by the Association, for management, control, administration, maintenance, repair, replacement, and improvement, or any other purpose with respect to any matter pertaining to the Unit(s) against which such Individual Purpose Assessment is levied. (b) Damage to the interior part of any Unit resulting from the installation, movement, repair, emergency repair, removal, or replacement of any utility lines or pipes not servicing more than one Unit shall be the expense of the Owner whose Unit such utility lines and pipes serve and such expense may be reimbursed through an Individual Purpose Assessment. 10.6 Due Dates for Assessment Payments. Unless otherwise determined by the Board of Managers, the annual Assessments and any special Assessments which are to be paid in installments shall be paid in monthly installments, in advance, and shall be due and payable to 532869.2 21 the Association at its office or as the Board of Managers may otherwise direct in any Management Agreement, without notice (except for the initial notice of any special Assessment), on the first day of each month. Any such installment that is not be paid within 15 days after it has become due and payable shall be subject to a late charge of 5% of the delinquent amount, or such other late charge as may be adopted from time to time by the Board of Managers and made part of the Rules and Regulations. An Owner's Assessment shall be prorated if the ownership of a Unit commences or terminates on a day other than the first day or last day, respectively, of a month or other applicable payment period. 10.7 Default Assessments. All Costs of Enforcement assessed against a Owner pursuant to the Project Documents, any expense of the Association which is the obligation of a Owner pursuant to the Project Documents and any fine imposed by the Association pursuant to Subsection 9.2(n) shall become a default Assessment assessed against the Owner's Unit. Notice of the amount and demand for payment of such default Assessment shall be sent to the Owner prior to enforcing any remedies for non-payment hereunder. 10.8 Covenant of Personal Obligation for Assessments. Declarant, by creating the Units pursuant to this Declaration, and each other Owner, by accepting a deed or other instrument of conveyance of a Unit (whether or not it shall be so expressed in such deed or other instrument of conveyance), are deemed to covenant and agree personally, and hereby do so covenant and agree to pay to the Association the (a) annual Assessments, (b) special Assessments, and (c) default Assessments assessed against such Owner's Unit. No Owner may escape personal liability for the payment of the Assessments provided for in this Declaration by not using the Common Elements or the facilities contained in the Common Elements or by abandoning or leasing such Owner's Unit. 10.9 Lien for Assessments; Assignment of Rents. The annual, special, and default Assessments (including installments of annual Assessments or of special Assessments payable in installments) arising under the provisions of this Declaration shall be burdens running with, and a perpetual lien in favor of the Association upon, the Unit to which such Assessments apply. The recording of this Declaration in the Records constitutes record notice and perfection of the lien and no further recording of any claim of lien for Assessments is required. To further evidence such lien upon a specific Unit, however, the Association may prepare a written lien notice (the "Lien Notice") setting forth the description of the Unit, the amount of Assessments on the Unit that are unpaid as of the date of such Lien Notice, the name of the Owner or Owners of the Unit, and any and all other information that the Association may deem proper. The Lien Notice shall be signed by a member of the Board of Managers, an officer of the Association, the Managing Agent or an attorney for the Association and shall be recorded in the Records. A Lien Notice shall not constitute a condition precedent to or delay the attachment or the enforcement of the lien. Upon any default in the payment of annual, special, or default Assessments, the Association shall also have the right to have a receiver appointed by a court of competent jurisdiction to collect all rents, profits and other income from the Unit and to apply all such rents, profits and income, net of the costs of the receivership, to the payment of delinquent Assessments. Each Owner, by ownership of a Unit, shall be deemed to have assigned all such rents, profits and income to the Association, subject to a license in favor of the Owner to collect such rents, profits and income so long as there is no default in the payment of annual, special or default Assessments. 532869.2 22 10.10 Remedies for Nonpayment of Assessments. If any annual, special, or default Assessment (or any installment of any Assessment) is not fully paid within thirty days after the same becomes due and payable, then as often as the same may happen, (a) the delinquent amount shall be subject to a late charge in the amount set by this Declaration or the Rules and Regulations on any amount of the Assessment in default; (b) the Association may accelerate and declare immediately due and payable all unpaid installments of the annual Assessment or any special Assessment otherwise due during the fiscal year during which such default occurred, in which case the entire unpaid amount, including late charges, shall bear interest at the default rate set by this Declaration or the Rules and Regulations from the date of acceleration until the date of payment; (c) the Association may bring an action against any Owner personally obligated to pay the same; and (d) the Association may proceed to foreclose its lien against the particular Unit in accordance with the laws and rules of court applicable to the foreclosure of real estate mortgages in Colorado. An action by the Association (or a counterclaim or cross-claim for such relief in any action) against a Owner to recover a money judgment for unpaid Assessments (or any installment thereof) may be commenced and pursued by the Association without either foreclosing or waiving the Association's lien for the Assessments, or may be combined with an action to foreclose the Association's lien. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to preclude the Association from again foreclosing or attempting to foreclose its lien for any subsequent Assessments (or installments thereof) which are not fully paid when due. At any foreclosure sale or other judicial sale of a Unit, the Association may purchase the Unit any may credit against its bid the entire amount owed by the delinquent Owner to the Association, including interest, late charges and Costs of Enforcement, as of the date of the sale. The Association shall have the power to acquire any Unit through or in lieu of foreclosure and to hold, lease, mortgage, convey or otherwise deal with the Unit. 10.11 Purchaser's Liability for Assessments. The Purchaser of a Unit shall take subject to the Association's lien securing any unpaid Assessments or installments thereof, and shall be personally liable for all Assessments made after such Purchaser became the Owner of the Unit. For Assessment purposes, the date a Purchaser became the Owner shall be determined as follows: (a) in the event of a conveyance or transfer by foreclosure, the date a Purchaser became the Owner shall be the day following the date on which all applicable redemption periods expired; and (b) in the event of a conveyance or transfer by deed, the Purchaser shall be deemed to have become the Owner upon the execution and delivery of the deed or other instrument conveying or transferring title to the Unit, irrespective of the date the deed or other instrument is recorded. 10.12 Waiver of Homestead Exemption; Subordination of Association's Lien for Assessments. (a) By accepting a deed or other instrument of transfer of a Unit, each Owner irrevocably waives any homestead or similar exemption provided for under any present or future Colorado law. The Association's perpetual lien on each Unit for Assessments shall be superior to all other liens and encumbrances except the following: (i) Real property ad valorem taxes and special assessment liens duly imposed by a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute; and 532869.2 - 23 (ii) The lien of any First Mortgage that was recorded before the date on which the Assessment sought to be enforced became delinquent; provided, that the Association's for Assessments shall be superior to the lien of any First Mortgage to the extent of an amount equal to the installments of annual Assessments and budgeted special Assessments that would have become due, in the absence of any acceleration, during the six months immediately preceding institution by either the Association or the First Mortgagee of an action or non- judicial foreclosure either to enforce or to extinguish the lien. (b) Any Person who acquires title to a Unit by foreclosure of a First Mortgage will take the Unit free of any claims for unpaid Assessments and Costs of Enforcement against the Unit which accrue prior to the time such Person acquires title to the Unit except to the extent that such unpaid Assessments may be reallocated and assessed to all Units as a Common Expense and except to the extent that the lien of the Association for unpaid Assessments has priority over the First Mortgage as provided in Subparagraph (a)(ii) of this section. (c) Except as provided above with respect to foreclosure of First Mortgages, and except as provided in Section 10. 13, no sale or other transfer of any Unit shall affect the Association's lien on such Unit for Assessments due and owing prior to the time the Purchaser acquired title or the personal liability of each Owner responsible for the payment thereof. 10.13 Statement of Status of Assessments. Within 14 calendar days after receiving a written request, delivered personally or by certified mail to the Association by any Owner or Owner's designee, or by the holder of any Security Interest, the Association shall famish to the requesting party or its designee a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. Any such statement shall be binding on the Association and every Owner, except that an erroneous statement shall not be binding as between the Association and the Person who was the Owner of the affected Unit as of the date of the statement. If no statement is fixmished by the Association in accordance with the foregoing requirement, the Association shall have no right to enforce a lien upon the Unit for unpaid Assessments that were due as of the date of the request. 10.14 Liens. Except for Assessment liens as provided in this Declaration, mechanics' liens (to the extent not effectively prohibited by this Declaration), tax liens, judgment liens and other liens validly arising by operation of law and liens of Security Interests, no liens shall be obtainable against the Common Elements or against the interest of any Owner in the Common Elements except a Security Interest in the Common Elements granted by the Association in accordance with the requirements of this Declaration and the Act. 10.15 Audit Rights. Any Owner may, upon ten (10) days prior written notice to Association, inspect the Association's records for all expenses incurred during the preceding calendar year at the Association's General Offices or at such other location reasonably designated by Association at anytime during reasonable business hours within one (1) year after the end of said calendar year. If said inspection reveals an overpayment of Common Expenses or Assessments by the Owners, the Association shall reimburse to each Owner such Owner's 532869.2 24 proportionate share of any such overpayment within thirty (30) days after receipt of notice of determination, and of the amount, of such overpayment. If said inspection reveals an underpayment of Common Expenses, each Owner shall reimburse Association its proportionate share of any such underpayment within thirty (30) days after receipt of billing and documentation thereof. An Owner's inspection of the Association's records shall be limited to those records for the calendar year immediately preceding the audit. The Association's expenses for any calendar year shall be deemed correct if no Owner requests an audit or gives the Association written notice of discrepancy within the one (1) year period provided. If such inspection results in a discrepancy of greater than three percent (3%), the Association shall reimburse the Owner for the reasonable costs of such inspection. ARTICLE 11 MAINTENANCE RESPONSIBILITY . 11.1 Owner's Rights and Duties with Respect to Interiors. Except as may be provided in the purchase and sale agreement or other conveyancing documents executed by Declarant in connection with sales to initial Purchasers of the Units, and subject to limitations expressed in other portions of this Declaration, including but not limited to Sections 13.4 and 13.5, each Owner shall have the exclusive right and duty to paint, tile, wax, paper, or otherwise decorate or redecorate and to maintain and repair the interior surfaces of the walls, floors, ceilings, windows and doors within or forming the boundaries of such Owner's Unit. Notwithstanding the foregoing, the Association may enact reasonable Rules and Regulations governing any furnishings in or work on the interior of a Unit which are visible from the exterior of the Improvements or which may affect the transmission of noise, vibration or odor that might affect nearby Units. 11.2 Responsibility of the Owner. (a) Each Owner, at the Owner's expense, shall maintain and keep in repair the interior of the Unit. All fixtures, equipment, and utilities installed and included in a Unit, commencing at a point where the fixtures, equipment and utilities enter the Unit, shall be maintained and kept in repair by the Owner of that Unit in accordance with the standards of the Project. (b) No Owner shall undertake or allow any action or work that will impair the structural soundness of the Improvements, impair the proper functioning of the utilities, heating, ventilation, or plumbing systems or integrity of the Improvement(s), or impair any easement or hereditament. (c) Notwithstanding the Association's overall responsibility for maintenance of the Limited Common Elements, each Owner shall be responsible for routine maintenance and care of the walls, floors, ceilings, windows and doors of any balcony or of any other Limited Common Elements appurtenant to the Owner's Unit, and for keeping the same in a good, clean, sanitary and attractive condition. 11.3 Owner's Negligence. In the event that the need for maintenance, repair, or replacement of all or any portion of the Common Elements is caused through or by the negligent 532869.2 25 or willful act or omission of a Owner or Occupant, then the expenses incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner, and, if the Owner fails to repay the expenses incurred by the Association within seven days after notice to the Owner of the amount owed, then the failure to so repay shall be a default by the Owner, and such expenses shall automatically become a default Assessment determined and levied against such Unit, enforceable by the Association in accordance with this Declaration. 11.4 Responsibility of the Association. The Association, without the requirement of approval of the Owners, shall maintain and keep in good repair, and shall replace and improve, as a Common Expense, all portions of the Condominium Project not required in this Declaration to be maintained and kept in good repair by a Owner or by Declarant. ARTICLE 12 MECHANICS' LIENS 12.1 Mechanics' Liens. Subsequent tothe recording of this Declaration and the filing of the Map in the Records, no labor performed or materials furnished for use and incorporated in any Unit with the consent of or at the request of the Owner or the Owner's agent, contractor or subcontractor, shall be the basis for the filing of a lien against a Unit of any other Owner not expressly consenting to or requesting the same, or against any interest in the Common Elements except the undivided interest therein appurtenant to the Unit of the Owner for whom such labor shall have been performed or such materials shall have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners, the Association and the Declarant from and against any liability or loss arising from the claim of any mechanics' lien or for labor performed or for materials furnished in work on such Owner's Unit, against the Unit of another Owner or against the Common Elements, or any part thereof. 12.2 Enforcement by the Association. At its own initiative or upon the written request of any Owner (if the Board determines that action by the Association is warranted), the Association may enforce the indemnity provided by the provisions of this Article by collecting from the Owner of the Unit on which the labor was performed or materials furnished the amount necessary to discharge by bond or otherwise any such mechanics' lien, including all costs and reasonable attorneys' fees incidental to the lien, and obtain a release of such lien. If the Owner of the Unit on which the labor was performed or materials furnished refuses or fails to indemnify within five (5) days after the Association shall have given notice to such Owner of the total amount of the claim, then the failure to so indemnify shall be a default by such Owner under the provisions of this section, and such amount to be indemnified shall automatically become a default Assessment determined and levied against such Unit, and enforceable by the Association pursuant to this Declaration. ARTICLE 13 USE RESTRICTIONS 13.1 Use of Units. Except for uses reserved to Declarant in ARTICLE 15, all Residential Units shall be used for dwelling purposes only; home occupations are not permitted even if permitted by applicable zoning codes. Owners of the Residential Units may rent or lease such Units to others for such purposes; provided, that each lease or other rental or occupancy 532869.2 26 agreement for all or part of a Residential Unit must be in writing, must require each Occupant to comply with the Project Documents and must be consistent with any applicable Rules and Regulations. The Commercial Unit may be leased and used for general business office purposes and retail business purposes, including food services, but may not be used for any bar, pawn shop, liquor store, dry cleaning business or any amusement or entertainment business that is characterized by an emphasis on sexual activities or adult entertainment, or for any operation using hazardous materials (other than those used in small quantities, and in compliance with all applicable laws and regulations in the ordinary course of commercial and retail uses). The Owner of the Commercial Unit may construct partitions within the Units and may lease separate portions of the Unit and the Storage Spaces to one or more lessees. The Board of Managers shall make no Rules and Regulations which prohibit or restrict use of the Commercial Unit or the Storage Spaces as provided herein or materially impact the operation of any business therein except with the prior written consent of the Owner(s) of such Units. All Rules and Regulations which pertain to the Commercial Unit and the Storage Spaces shall be adopted by the Board of Managers only with the prior written approval of the Owners of the Commercial Unit and the Storage Space and shall be promulgated in good faith to accommodate the permitted uses of the Commercial Unit and the Storage Spaces. 13.2 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements, by any Owner without the prior written approval of the Association; provided, that outdoor displays of merchandise on portions of the Common Elements adjacent to the Commercial Unit are permissible, subject to such reasonable regulations as to location, extent, time of day and duration as the Association may deem necessary to protect access to the Residential Units and the Commercial Unit and to maintain the overall standards of the Project. Nothing shall be altered on, constructed in, or removed from the Common Elements by any Owner without the prior written approval of the Association. No Owner or Occupant shall use any of the Restricted Parking Spaces which are not restricted to the use of such Owner or Occupant. 13.3 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Unit or in or on the Common Elements, or any part thereof, that would result in the cancellation of the insurance on all or any part of the Condominium Project or, without the prior written approval of the Association, that would result in an increase in insurance premiums for all or any part of the Condominium Project over the premiums that would be applicable in the absence of such activity. Nothing shall be done or kept in any Unit or - in or on the Common Elements in violation of any statute, rule, ordinance, regulation, permit or other requirement of any governmental body having jurisdiction over the Condominium Project. No damage to or waste of the Common Elements shall be committed by any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by such Owner or by any Occupant of such Owner's Unit. Failure to so indemnify shall be a default by such Owner under this section. At its own initiative or upon the written request of any Owner (and if the Association determines that further action by the Association is warranted), the Association may enforce the foregoing indemnity as a default Assessment levied against such Unit. 532869.2 27 13.4 Structural Alterations and Exterior Appearance. Except with the prior written approval of the Declarant during the Period of Declarant Control, and thereafter of the Association: (a) No structural alterations to any Unit, including the construction of any additional skylight, window, door or other alteration visible from the exterior of the Unit or to any Common Element shall be made or caused to be made by any Owner; (b) No window coverings or other improvements, alterations or decorations visible from outside a Residential Unit shall be added or replaced by a Owner; and (c) No alteration or subdivision of Units or relocation of boundaries between adjoining Units shall be made by any Owner. The Association shall promulgate Rules and Regulations establishing procedures for the approvals required by this section. Such Rules and Regulations shall include, but shall not be limited to, requirements that the applicant submit plans and specifications showing the nature, kind, shape, height, color, materials and location of the proposed alterations in sufficient detail for the Association and Declarant to review them, and pay any processing and/or review fees, which may include any professional fees the Association or Declarant might incur in retaining architects or engineers to review the plans and specifications. The Rules and Regulations shall specifically consider the impact of the alteration on the harmony of external design and location in relation to surrounding structures and topography. 13.5 Use Restrictions. No animal pens, sheds, fences or other outbuildings or structures of any kind shall be erected by any Owner. No activity shall be allowed which interferes unduly with the peaceful possession and proper use of the Condominium Project by the Owners, nor shall any fire hazard or accumulation of refuse be allowed. No lights shall be emitted which are unreasonably bright or cause unreasonable glare; no sound shall be emitted which is unreasonably loud or annoying; and no odor shall be emitted which is noxious or unreasonably offensive to others. No animals, birds, insects, or livestock of any kind shall be raised, bred; or kept on or in the Condominium Project, except the Board of Managers may by Rule and Regulation allow Owners to keep no more than two domesticated dogs, cats, or other household pets which do not unreasonably interfere with the use and enjoyment of the Condominium Project by others per Unit (with an aggregate weight of 20lbs); provided, however, the foregoing shall not be construed to require the Board of Managers to allow Owners to keep pets in the Condominium Project. The Association shall have and is hereby given, the right and authority to determine in its sole discretion that dogs, cats or other household pets, if permitted by the Board of Managers, are being kept in such number or in such manner as to be unreasonable or to create a nuisance to other Owners, or tenants, or that an Owner or tenant is otherwise in violation of this Section, and to take such action or actions as it deems reasonably necessary to correct the same, including prohibiting the pet(s) from being kept in a Unit. An Owner's or tenant's license to keep household pets granted under this Section is revocable by the Board of Managers and shall be coupled with the responsibility to pay for any damage caused by such Owner's or tenant's pet(s), as well as any costs incurred by the Association as a result of such pet(s), and any such amounts shall be and constitute a Default Assessment subject to and enforceable by the Association in accordance with this Declaration. Each Owner or tenant, as 532869.2 28 applicable, is responsible for cleaning up its pet's waste from the Common Elements and adjacent public ways and to comply at all times with applicable ordinances, laws, and regulations governing pets. 13.6 Limit on Timesharing. No Owner shall have the right to offer or sell any interest in such Owner's Unit under a "timesharing" or "interval ownership" plan, or any similar plan of ownership. This restriction shall not be construed to prevent multiple Owners of a given Unit from agreeing among themselves on periods, during which each shall have exclusive rights to occupy and use their Unit. 13.7 Restriction on Signs. No signs, billboards, posterboards, or advertising structures of any kind (including signs located upon the Common Elements or which are located within a Unit but are visible from the Common Elements) shall be displayed, erected or maintained for any purpose whatsoever except such signs as have been approved by the Declarant during the Period of Declarant Control, and thereafter of the Association. The Association shall permit (a) identification signs for Residential Units; (b) signs advertising a Unit for sale or rent; and (c) commercial signage for Storage Spaces and the Commercial Unit, subject to reasonable Rules and Regulations established by Declarant governing such signage to insure that the design, color, location and general appearance of such signs conform to the standards of the Project. ARTICLE 14 EASEMENTS 14.1 Easement of Enjoyment. Each Owner shall have non-exclusive easements over, across and through the Comment Elements to the extent required for convenient access to such Owner's Unit, and for the use and enjoyment of the Common Elements, which shall be appurtenant to and shall pass with the title to every Unit. Such easements shall be subject to the easements set forth in this Article and the easements and restrictions provided for elsewhere in this Declaration. 14.2 Delegation of Use. Any Owner may delegate, in accordance with the Project Documents. 14.3 Recorded Easements and Licenses. The Land shall be subject to any easements as shown on any recorded plat affecting the Land, and as shown on the recorded Map and as reserved or granted under this Declaration. The recording data for recorded easements and licenses appurtenant to or included in the Land or to which any part of the Land may become subject is set forth on the attached Exhibit C. 14.4 Easements for Encroachments. The Condominium Project, and all portions of it, are subject toeasements hereby created for encroachments between Units and the Common Elements as follows: (a) in favor of all Owners so that they shall have no legal liability when any part of the Common Elements, as presently constructed, encroaches upon a Unit; 532869.2 29 (b) in favor of each Owner so that the Owner shall have no legal liability when any part of such Owner's Unit, as presently constructed, encroaches upon the Common Elements or upon another Unit; and (c) in favor of all Owners, the Association, and the Owner of any encroaching Unit, as presently constructed, for the maintenance and repair of such encroachments. Encroachments referred to in this section include, but are not limited to, encroachments caused by error or variance from the original plans in the construction of the Improvements or any Unit constructed on the Land, by error in the Map, by settling, rising, or shifting of the earth, or by minor changes in position caused by repair or reconstruction of any part of the Condominium Project. Such encroachments shall not be considered to be encumbrances upon any part- of the Condominium Project; provided, however, that encroachments created by the intentional act of an Owner or an Owner's agents or contractors shall not subject to the easement provided for in this section and shall be removed at the Owner's expense immediately upon notice from the Association. In the event any such encroachment is not timely removed, the Association may effect removal of the encroachment and the expense thereof shall be a default Assessment charged to the Owner. 14.5 Utility Easements. There is hereby created a general easement upon, across, over, in, and under all of the Project, for ingress and egress and for installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electricity and cable communication systems. By virtue of this easement, it shall be expressly permissible and proper for the companies providing such utilities to erect and maintain the necessary equipment on the Project and to affix and maintain electrical, communications, and telephone wires, circuits, and conduits under the Project. Any utility company using this general easement shall use its best efforts to install and maintain the utilities provided without disturbing the uses of other utilities, the Owners, the Association and Declarant; shall complete its installation and maintenance activities as promptly as reasonably possible; and shall restore any affected portion of the Condominium Project to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by this general easement request a specific easement by separate recordable document, Declarant or the Board of Managers shall have, and are hereby given, the right and authority to grant such easement upon, across, over or under any part or all of the Project without conflicting with the terms hereof. The easements provided for in this section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Project. 14.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons to enter upon the Project in the proper performance of their duties, subject to applicable legal prerequisites, if any, to entry into any Unit. 14.7 Maintenance Easement. An easement is hereby granted to the Association and any Managing Agent and their respective officers, agents, employees and contractors upon, across, over, in and under the Common Elements and a right to make such use of the Common Elements as may be necessary or appropriate to perform the duties and functions which they are obligated or permitted to perform pursuant to this Declaration. 532869.2 - 30 14.8 Easements of Access for Repair, Maintenance, and Emergencies. Some of the Common Elements are or may be located within the Units or may be conveniently accessible only through the Units. The Owners of other Units and the Association shall have the irrevocable right, to be exercised by the Association as the Owners' agent, to have access to each Unit and to all Common Elements from time to time during such reasonable hours as may be necessary for the maintenance, repair, removal or replacement of any of the Common Elements therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Elements or to any Unit. Unless caused by the negligent or willful act or omission of a Owner or Occupant, damage to the interior of any part of a Unit resulting from the maintenance, repair, emergency repair, removal, or replacement of any of the Common Elements or as a result of emergency repair within another Unit at the instance of the Association or of the Owners shall be repaired promptly by the Association and shall be a Common Expense. 14.9 Declarant's Easements Over Common Elements. (a) Declarant hereby reserves for itself, its successors and assigns a general easement over, across, through and under the Common Elements (including but not limited to elevators and other Limited Common Elements) to: discharge Declarant's obligations under this Declaration; (iv) exercise any of Declarant's rights under this Declaration; and (v) make improvements at the Project. (b) Declarant hereby reserves for itself, its successors and assigns, the right to (vi) establish from time to time utility and other easements, permits or licenses over, across, through and under the Common Elements; and (vii) create such other reservations, exceptions and exclusions as the Declarant deems to be in the best interests of the Project. 14.10 Easements Deemed Created. All conveyances of Units hereafter made, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. ARTICLE 15 SPECIAL DECLARANT RIGHTS 15.1 Special Declarant Rights. Declarant hereby reserves the right, from time to time, to perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights"). Declarant's Special Declarant Rights include the following: (a) Completion of 'Improvements. The right to complete improvements indicated on the Map. 532869.2 31 (b) Exercise of Development Rights. The right to exercise any Development Right reserved in ARTICLE 16 of this Declaration. (c) Sales Management and Marketing. The right to maintain sales offices, management offices, signs advertising the Condominium Project and models within Units and in the Common Elements. (d) Construction Easements. The right to use cross and otherwise use the Common Elements for the purpose of making improvements within the Condominium Project. (e) Merger. The right to merge or consolidate the Condominium Project with another project of the same form of ownership. (f) Control of Association and Board of Managers. The right to appoint and remove officers of the Association and members of the Board of Managers during the Period of Declarant Control. (g) Amendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights as permitted by the Act, or to correct any clerical, typographical or technical error. (h) Amendment of Map. The right to amend the Map in connection with the exercise of any Development Rights as permitted by the Act or to correct any clerical, typographical or technical error. (i) Signs. The right to maintain signs on the Common Elements and in Units owned by the Declarant, advertising the Condominium Project and the availability of Units for sale and Units or space in the Commercial Unit and Storage Spaces for lease. 0) Dedications. The right from time to time to establish, by dedication or otherwise, and to vacate utility and other easements upon the Common Elements for purposes including but not limited to streets, paths, walkways, skyways, drainage, recreation areas, parking areas, driveways, ducts, shafts, flues and conduit installation areas, and to create other reservations, exceptions and exclusions for the benefit of the Owners within the Condominium Project. (k) Use Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking and/or recreational facilities, which may or may not be a part of the Condominium Project, for the benefit of the Owners or the Association. (1) Easement Rights. The right to cross and otherwise use the Common - Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations under this Declaration or the Act. (m) Property Management Office. The right to use or permit the use of all or part of a Unit as a property management office for the benefit of Owners or tenants 532869.2 32 within the Condominium Project (which shall not be construed as limiting the use of the Commercial Unit or any Storage Space for property management purposes). (n) Withdrawal Rights. The right to withdraw from the provisions of this Declaration individual Units and/or Common Elements, provided that none of the Land may be withdrawn after any Unit has been conveyed by Declarant to a Purchaser. (o) Other Rights. The right to exercise any additional reserved rights created by any other provision of this Declaration, including but not limited to rights created or reserved in ARTICLE 16. 15.2 Limitations on Special Declarant Rights. Unless sooner terminated by an amendment to this Declaration executed by the Declarant, any Special Declarant Rights may be exercised by the Declarant anywhere on the Land or within the Improvements (a) so long as the Declarant holds any Development Rights, owns any Unit or holds a Security Interest in any Unit, or (b) for 10 years after the date of recording this Declaration, whichever eventuality grants to Declarant the longest possible period for exercise of Special Declarant Rights. 15.3 Interference with Special Declarant Rights. Neither the Association nor any Owner may take any action or adopt any Rule or Regulation that will interfere with or diminish any Special Declarant Rights without the prior written consent of the Declarant. In the event any controversy, dispute or litigation involving exercise of the reserved Special Declarant Rights by Declarant, this Declaration shall be interpreted so as to give the Declarant the broadest, most flexible Special Declarant Rights allowed by the Act. 15.4 Rights Transferable. Any Special Declarant Right created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE 16 DEVELOPMENT RIGHTS 16.1 Additional Development Rights. Declarant expressly reserves the right to combine Units, to subdivide Units, to convert Units into Common Elements and to allocate Real Estate as Limited Common Elements. Such reserved rights shall apply to all Units within the Project; provided, that no Unit may be combined with another Unit, subdivided or converted to Common Elements without the prior written consent of the Owner thereof and of any Eligible First Mortgagee holding a Security Interest therein. 16.2 Exercise of Development Rights. Declarant may exercise any or all of the Development Rights reserved in this Declaration at any time with respect to any of the Project, and different Development Rights may be exercised with respect to different Units or parcels or Real Estate at different times. No assurances are made with respect to the boundaries of any parcels that may be developed or as to which Development Rights may be exercised, or the order in which the parcels may be developed or Development Rights exercised. Exercise of a Development Right with respect to any one parcel or Unit does not require exercise of a Development Right on any other parcel or Unit subject to Development Rights. No assurances 532869.2 33 are made, however, that any further development will occur or that any Development Right will be exercised. 16.3 Amendment of this Declaration. If Declarant exercises a Development Right, Declarant shall record an Amendment to this Declaration reallocating the Allocated Interests in accordance with the provisions of ARTICLE 4. At a minimum, the Amendment shall contain the legal description of the Unit or portion of the Project affected by the exercise of the Development Right and a schedule of the Allocated Interests appurtenant to the Units in the Condominium Project following the exercise of the Development Right. The Amendment may contain such other provisions, restrictions and requirements relating to the Additional Improvements, Unit or portion of the Project affected by the exercise of the Development Right as Declarant deems necessary or desirable, provided that such additional provisions are consistent with this Declaration and the Act. 16.4 Supplement to the Map. Declarant shall, contemporaneously with the Amendment of this Declaration to reflect any exercise of a Development Right, file any corresponding Supplement to the Map that Declarant deems necessary or desirable to reflect such exercise. The Supplement to the Map shall substantially conform to the requirements contained in this Declaration and the Act. 16.5 Interpretation. Recording of amendments to this Declaration and Supplement to the Map in the Records shall automatically: (a) vest in each existing Owner the reallocated Allocated Interests appurtenant to his Unit; and (b) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Upon the recording of an Amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Project, as revised. All conveyances of Units following the exercise of a Development Right shall be effective to transfer rights in all Common Elements appurtenant to such Unit, whether or not reference is made to any Amendment to this Declaration or Supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all Amendments to this Declaration and Supplements to the Map without specific reference thereto. 16.6 Maximum Number of Units. The maximum number of Units in the Condominium Project shall not exceed 21; provided, that if the Commercial Unit and each of the Storage Spaces is subdivided (into a theoretical maximum of twenty Units), then the maximum number of Units shall not exceed 41 or, if less, the maximum number of Units allowed by any governmental entity having jurisdiction over the Project. For purposes of Sections 8.7 and 8.8, the maximum number of Units shall be deemed to be 41, unless at the time or times referred to in- those sections one or more of the initial Units has already been subdivided, in which case the maximum number of Units shall be the number of Units existing at that time or times. Declarant shall not be obligated to expand the Condominium Project beyond the number of Units initially submitted to this Declaration. 10 o M - ~ 532869.2 34/~ - 16.7 Construction Easement. Declarant expressly reserves the right to perform warranty work, and repairs and construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until its completion. All work may be performed by Declarant without the consent or approval of any Owner or the holder of a Security Interest. Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarants reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the Land not designated as reserved for future development in this Declaration or on the Map for the purpose of furnishing utility and other services to buildings and improvements to be constructed on any of the Land reserved for future development and/or other Real Estate owned by Declarant. Declarants reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an improvement containing Units. If Declarant grants any such easements, Declarant may amend Exhibit C to this Declaration to include reference to the recorded easement. 16.8 Termination of Development Rights. The Development Rights reserved to Declarant, for itself, its successors and assigns, shall expire in accordance with the provisions of Section 15.2 unless they are reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Board of Managers may impose on the subsequent exercise of the Development Rights by Declarant as provided by the Act. 16.9 Interference With Development Rights. Neither the Association nor any Owner may take any action or adopt any Rule or Regulation that will interfere with or diminish any Development Rights reserved by this Article without the prior written consent of the Declarant. In the event of any controversy, dispute or litigation involving exercise of the reserved Development Rights by Declarant, this Declaration shall be interpreted so as to give the Declarant the broadest, most flexible Development Rights allowed by the Act. 16.10 Transfer of Development Rights. Any Development Rights created or reserved under this Article for the benefit of Declarant may be transferred to any Successor Declarant by an instrument describing the rights transferred, executed by Declarant and recorded in the Records. ARTICLE 17 INSURANCE 17.1 Coverage. Commencing not later than the first conveyance of a Unit to a Purchaser and to the extent reasonably available, the Association shall obtain and maintain insurance coverage as set forth in this Article. If such insurance is not reasonably available, and the Board of Managers determines that any insurance described herein will not be maintained. the Board of Managers shall promptly cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all Owners and Eligible First Mortgagees at their respective last known addresses. All premiums for insurance obtained by the Association pursuant to this Article and any other expenses connected with obtaining such insurance shall be Common Expenses other than as set forth above with respect to Agency-mandated insurance. 532869.2 35 17.2 Insurance on Common Elements. Commencing not later than the time of the first conveyance of a Condominium Unit to a person other than a Declarant, the Association shall maintain the following types of insurance for the benefit of the Owners to the extent that such insurance is reasonably available, considering the availability, cost and risk coverage provided by such insurance, and the cost of said coverage shall be paid by the Association as a common expense. Notwithstanding any of the specific insurance requirements contained in this Article, the Association may also consider, in determining the types and amounts of insurance it needs to obtain, the then-existing requirements of the Agencies with respect to their insurance, guaranty, or purchase of First Mortgages. 17.3 Property Insurance. A policy of property and/or hazard insurance covering all insurable improvements located within the Project (including the Common Elements, and the Units and any fixtures, equipment, or other property within all of the Units that are encumbered by a First Mortgage on any Unit that is held, guaranteed, or insured by any of the Agencies, but excluding finished interior surfaces of the walls, floors, and ceilings in the Units, any other equipment, furniture, wall trimmings, improvements, and personal property famished or installed by an Owner) except for land, foundation, excavation, and other matters normally excluded from coverage, in an amount not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date. Further, said policy shall contain a Replacement Cost Endorsement providing that any claim will be settled on a full replacement cost basis without deduction for depreciation, and include an "Inflation Guard Endorsement," an "Agreed Amount Endorsement" (if obtainable), a "Construction Code Endorsement" (if obtainable) and, if the buildings have central heating or air conditioning, a "Steam Boiler and Machinery Coverage Endorsement" with minimum coverage per accident for the Building to equal the lesser of $2 million or the insurable value of the Project. Such endorsements may be covered by what is referred to as a "Special Condominium Endorsement." The Association will also purchase endorsements, and/or coverage on personal property owned by the Association, including fixtures and building service equipment, furnishings, common personal property, and supplies. Such insurance shall afford protection against at least the following: (a) loss or damage by fire and other perils normally covered by the standard extended coverage endorsement; and (b) such other risks as shall customarily be covered with respect to projects similar in construction, location, and use, including all perils normally covered by the standard "all risk" endorsement, where such is available. (c) A comprehensive policy of public liability insurance covering the Project insuring the Association in an amount not less than One Million Dollars ($1,000,000.00) covering bodily injury, including death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons in connection with the operation, maintenance, or use of the Project, legal liability arising out of lawsuits related to employment contracts of the Association and protection against liability for non-owned and hired automobiles; such coverage may also include, if applicable, comprehensive automobile liability insurance, liability for property 532869.2 36 of others, host liquor liability, water damage liability, contractual liability, worker's compensation insurance for employees of the Association, and such other risks as may customarily be required by private institutional mortgage investors with respect to condominium projects similar in construction, location, and use. Such liability insurance shall insure the Board, the Association, any management agent and their respective employees, agents, and all persons acting as agents. Declarant shall be included as an additional insured in its capacity as an Owner and, if applicable, member of the Board. The Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. Such liability insurance shall cover claims of one or more insured parties against the other insured parties. (d) A policy providing employee dishonesty coverage to protect against dishonest acts on the part of officers, directors, trustees, and employees of the Association and all others who handle or are responsible for handling funds of the Association, in an amount at least equal to the greater of (i) the estimated maximum of funds, including reserves, in the custody of the Association at any given time and (ii) three (3) months' aggregate assessments on all Units plus reserves. Such coverage shall meet the following requirements: (i) all such coverage shall name the Association as an obligee; (ii) such coverage shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; (iii) such fidelity coverage or bonds must include a provision that calls for thirty (30) days' prior written notice to the Association (or insurance trustee, if applicable) before the fidelity coverage or bonds can be canceled or substantially modified for any reason. Such notice must also be provided to each servicer of an Agency-owned or Agency-securitized First Mortgage; (iv) to allow a reduction in the cost of required fidelity coverage or bonds, the Association may implement any financial controls permitted by an Agency then insuring, guaranteeing, or purchasing First Mortgages, either by resolution of the Board, amendment to the Association By-Laws or as otherwise may be approved by the applicable Agency(ies). In the event the Association has delegated some or all of its responsibility for the - handling of funds to a managing agent, the Association shall require the managing agent to purchase at its, own expense, a policy of employee dishonesty coverage which fully complies with the provisions of this Paragraph, unless the Association names such managing agent as an insured' employee under a policy of fidelity insurance or fidelity bonds in accordance with this Paragraph. - 532869.2 37 17.4 A policy providing personal liability insurance to protect directors and officers of the Association from personal liability in relation to their duties and responsibilities in acting as directors and officers on behalf of the Association. 17.5 Workmens' compensation, employer's liability, and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. 17.6 If the Project improvements are located in an area identified by the Federal Emergency Management Agency as having special flood hazards, or designated as a Special Flood Hazard Area on a relevant Flood Insurance Rate Map, and flood insurance coverage is then available under the National Flood Insurance Administration Program ("NFIAP"), a "master" or "blanket" policy of flood insurance on the Building and any other property and contents of the Building covered by the required form of policy (herein "insurable property") in an amount deemed appropriate, but not less than the lesser of. (a) the maximum coverage available under the NFIAP for the Building and other insurable property within any portion of the Project located within a designated flood hazard area; or (b) one hundred percent (100%) of the insurable value of the Building, including machinery and equipment that are part of the Building and other insurable property and contents of the Project located within a designated flood hazard area. (c) Any policy of flood insurance carried by the Association pursuant to this Section shall be in a form which meets the criteria and maximum coverage set forth in the most current guidelines on the subject issued by the Federal Flood Insurance Administration. The maximum deductible amount for policies covering the Common Elements and the Building shall be the lesser of $5,000 or one percent (1%) of the policy's face amount. In addition, the Association may obtain insurance against such other risks of a similar or dissimilar nature as it shall deem appropriate, to the extent that such coverage is reasonably available. 17.7 General Provisions of Insurance Policies. All policies of insurance carried by the Association shall be carried in blanket policy form naming the Association as insured, or its designee as trustee and attorney-in-fact for all Owners and First Mortgagees, and each Owner shall be an insured person under such policies with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association. The policy or policies shall recognize any applicable Insurance Trust Agreement and shall contain a standard non-contributory First Mortgagee's clause in favor of each First Mortgagee and a provision that it cannot be canceled or materially altered by either the insured or the insurance company until thirty (30) days' prior written notice thereof is given to the insured, to each First Mortgagee, and to each Agency which guarantees or insures a First Mortgage on any Unit. The Association shall furnish a certified copy or duplicate original of such policy or renewal thereof, with proof of premium payment and a certificate identifying the interest of the Owner in question, to any party 532869.2 38 in interest, including First Mortgagees under the Declaration, upon request. All policies shall contain waivers of any defense based on invalidity arising from any acts or neglect of the Association, an Owner or an Owner's tenant. The policies shall also contain a waiver by the insurer of any right to claim by way of subrogation against the Owners, each person or entity who is a Declarant, the Association, and their respective officers, directors and members and any of such parties' respective families, agents, employees, or tenants. The liability insurance policy provided for herein shall insure the Board of Managers, the Association, any management agent, and their respective employees, agents, and all persons acting as agents. Each person or entity who is a Declarant shall be included as an additional insured in its capacity as an Owner and, if applicable, a member of the Board. The Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. Such liability insurance shall cover claims of one or more insured parties against the other insured parties. 17.8 Deductibles. No policy of insurance of which the Association or its designee is the beneficiary shall include a deductible clause in an amount which is greater than the lesser of $10,000.00 or 1% of the face amount of the policy. Any loss falling within the deductible portion of such policy shall be a common expense shared by all of the Owners. Notwithstanding the foregoing, after affording an Owner a reasonable opportunity to be heard, the Association may determine that a loss, either in the form of a deductible to be paid by the Association or an uninsured loss, resulted from the act or negligence of an Owner or.Owners, and assess such loss as a default Assessment against such negligent Owner or Owners and their Condominium Unit, in such proportion as the Association in its reasonable discretion may determine, and subject to all provisions of this Declaration applicable to such Assessments. 17.9 Insurance Trustee. The Board of Managers shall have authority to authorize an insurance trustee to assist and consult with it and/or to act as its agent and attorney-in-fact for one or more of the following purposes: to purchase and maintain the insurance required under this Declaration; to negotiate and compromise settlement of losses under any insurance; and to collect the proceeds from any insurance, hold such proceeds in trust for the Owners and their First Mortgagees as their interest may appear, and dispose of such proceeds as provided in this Declaration and the Act. The Association and any insurance trustee designated by the Board of Managers shall have exclusive authority as agent and attorney-in-fact for the Owners to purchase and maintain all insurance required under this Article, to negotiate, settle, and compromise any claims under such insurance, to receive all proceeds from such insurance and apply them as provided under this Declaration, to execute releases of liability in connection with the negotiation and settlement of claims, and to execute all documents and perform all acts that may _ be necessary or desirable tocarry out the Association's and insurance trustee's rights and duties under this Declaration. 17.10 Association Insurance as Primary Coverage. If at the time of any loss under any policy which is in the-name-of the. Association, there is other insurance in the name of any - Owner and such Owner's policy covers the same property or loss, or any portion thereof, which is covered by such Association policy, such Association policy shall be primary insurance not contributing with any of such other insurance. An Owner shall be liable to the Association for 532869.2 39 the amount of any diminution of insurance proceeds to the Association as a result of policies of insurance of such Owner and for reimbursement to the Association for the deductible under the Association's insurance policy; provided that if such amount(s) are not repaid to the Association within ten (10) days after the Association shall have given notice to the Owner of the total of such amount(s), from time to time, then the failure to so repay shall automatically become a Default Assessment determined and levied against such Unit and Owner. 17.11 Acceptable Insurance Companies. Any hazard insurance policy purchased by the Association must be written by a hazard insurance carrier which has a current rating by Best's Insurance Reports (or a comparable rating by any successor or generally accepted substitute for Best's) of B/VI or better, or a financial rating of Class V provided it has a general policy holder's rating of at least A, and is authorized by law to do business in the State of Colorado. The Association shall not obtain any policy where (a) under the terms of the insurance company's charter, bylaws, or policy, contributions or assessments may be made against the mortgagor or mortgagee's designee or (b) under the terms of the carrier's charter, bylaws, or policy, loss payments are contingent upon action by the carrier's Board of Managers, policy holders or members, or (c) the policy includes any limiting clauses (other than insurance conditions) which could prevent mortgagees or any Owner from collecting insurance proceeds. 17.12 Insurance to be Maintained by Owners. Insurance coverage on furnishings, including carpet, draperies, improvements and betterments, oven, range, refrigerator, wallpaper, and other items of personal property belonging to an Owner, and public liability coverage within each Condominium Unit and appurtenant Limited Common Elements, shall be the sole and direct responsibility of the Owner(s) thereof, and the Association, its Board of Managers and/or the managing agent of the Association shall have no responsibility therefor; provided, however, that the Board of Managers of the Association may elect to include any such coverage in any Association policy and any costs of such coverage not allocable to the Owners on a uniform basis shall be assessed as an Individual Purpose Assessment. Owners may carry other insurance for their benefit and at their expense, provided that all such policies shall contain waivers of subrogation, and provided further that no liability of the carriers issuing insurance obtained by _ the Association shall be affected or diminished by reason of any such additional insurance carried by any Owner. 17.13 Annual Review of Insurance Policies. All insurance policies carried by the Association shall be reviewed at least annually by the Board of Managers of the Association to ascertain that the coverage provided by such policies adequately covers those risks insured by the Association. Prior to obtaining any policy of fire insurance or renewal thereof, the Board of Managers or the managing agent of the Association may obtain a written appraisal from a duly qualified real estate or insurance appraiser, or other person knowledgeable as to replacement _ costs, which appraiser shall reasonably estimate the full replacement value of the improvements for the purpose of determining the amount of insurance required pursuant to the provisions of this Article. Any First Mortgagee shall be furnished with a copy of such appraisal upon request. 17.14 Notice of Cancellation. _If any insurance that the Association is required to maintain under this Article is not reasonably available or is canceled or not renewed without a replacement policy having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by U.S. mail to all Owners. 532869.2 40 ARTICLE 18 RESTORATION UPON DAMAGE OR DESTRUCTION 18.1 Duty to Restore. Any portion of the Condominium Project for which insurance is required under the Act or for which insurance carried by the Association is in effect that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (a) the Condominium Project is terminated; (b) repair or replacement would be illegal under a state statute or municipal ordinance governing health or safety; (c) Owners holding at least 67% of the votes that could be cast at a meeting of the Association, and the Owner(s) of each Unit that will not be repaired or replaced, vote not to rebuild; or (d) prior to the conveyance of any Unit to a Purchaser, the holder of a Security interest on the damaged portion of the Condominium Project rightfully demands all or a substantial part of the insurance proceeds. In the event the Condominium Project is not repaired or replaced as allowed by Subparagraphs (a), (b) and (c) above, then the Real Estate in the Condominium Project shall be sold and the proceeds distributed pursuant to the procedures provided for in the Act for termination of condominium projects. 18.2 Cost. The cost of repair or replacement of the Common Elements in excess of insurance proceeds and reserves is a Common Expense. 18.3 Plans. The Project must be repaired and restored in accordance with either the original plans and specifications or other plans and specifications which have been approved by the Board of Managers and a majority of Owners. 18.4 Replacement of Less Than Entire Project. If the entire Condominium Project is not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of the Condominium Project and, except to the extent that other persons will be distributees: (a) the insurance proceeds attributable to a Unit and Limited Common Elements that are not rebuilt must be distributed to the Owner of the Unit and the Owner of the Unit to which the Limited Common Elements were allocated, or to holders of Security Interests, as their interests may appear; (b) the remainder of the proceeds must be distributed to each Owner or holders of Security Interests, as their interests may appear, in proportion to the Allocated - - Interestsin the Common Elements-of all.the-Units and (c) if the Owners vote not to rebuild a Unit, the Allocated Interests of the Unit are reallocated following the vote as if the Unit had been condemned, and the Association 532869.2 41 promptly shall prepare, execute and record an amendment to this Declaration reflecting the reallocation. 18.5 Insurance Proceeds. The insurance trustee, or if there is no insurance trustee, then the Board of Managers, acting by the President of the Association, shall hold any insurance proceeds in trust for the Association, Owners and holders of Security Interests as their interest may appear. Subject to the provisions of Sections 18.1 and 18.4 above, the proceeds shall be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Project has been completely repaired or restored, or the Condominium Project is terminated, in which event the surplus proceeds will be distributed as provided in Sections 18.1 and 18.4 above. 18.6 Certificates by the Board of Managers. The insurance trustee, if any, may rely on the following certifications in writing made by the Board of Managers: (a) whether or not damaged or destroyed property is to be repaired or restored; and (b) the amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid. 18.7 Certificates by Attorneys or Title Insurance Companies. If payments are to be made to Owners or holders of Security Interests, the Board of Managers, and the insurance trustee, if any, shall obtain and may rely on a title insurance company or attorneys certificate of title or a title insurance policy based on a search of the Records from the date of recording of this Declaration stating the names of the Owners and the holders of Security Interests. ARTICLE 19 CONDEMNATION If all or part of the Condominium Project is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with the provisions on eminent domain in the Act. 532869.2 42 ARTICLE 20 MORTGAGEE PROTECTIONS 20.1 Introduction. This Article establishes certain standards and covenants which are for the benefit of First Mortgagees. This Article is supplemental to, and not in substitution for, any other provisions of this Declaration, but in the case of any conflict, this Article shall control. 20.2 Percentage of First Mortgagees. Wherever in this Declaration the approval or consent of an unspecified percentage of First Mortgagees is required, it shall mean the approval or consent of 67% of First Mortgagees. Each First Mortgagee shall be entitled to one vote for each Security Interest held by such First Mortgagee. 20.3 Notice of Actions. If requested in writing to do so, the Association shall give prompt written notice of the following to each First Mortgagee making such request: (a) any condemnation loss or any casualty loss which affects a material portion of the Common Elements or any Unit in which an interest is held by the Eligible First Mortgagee; (b) any delinquency in the payment of Assessments which remains-uncured for sixty (60) days by a Owner whose Unit is encumbered by a Security Interest held by such Eligible First Mortgagee; (c) any lapse, cancellation, or material modification of any insurance policy. or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of First Mortgagees as set forth in this Article; and (e) any judgment rendered against the Association that is not covered (subject to reasonable deductible or retention limits) by insurance. 20.4 Consent Required. The Association may not take any of the following actions without the consent of 67% of First Mortgagees: (a) conveyance or encumbrance of the Common Elements, provided that the granting of easements for public utilities, for construction and maintenance of roads within the Condominium Project, or for other purposes permitted by this Declaration will not be deemed a conveyance or encumbrance within the meaning of this clause; (b) restoration or repair of the Condominium Project (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; (c) tennination of this Declaration for reasons other than substantial destruction or condemnation, subject to the approval percentages required for such termination; 532869.2 43 (d) merger of the Condominium Project with any other common interest community, or (e) any decision not to repair or replace the Common Elements except as permitted in this Declaration. 20.5 Additional Consent Requirements. Except as provided by the Act, in the case of condemnation or loss of substantially all of the Units and/or Common Elements of the Project, the Association shall not, without the consent of 67% of the First Mortgagees: (a) by act or omission seek to abandon or terminate the Project; (b) change the pro rata interest or obligations of any Unit in order to levy assessments or charges, allocate distribution of hazard insurance proceeds or condemnation awards or determine the pro rata share of ownership of each Unit in the Common Elements; (c) partition or subdivide any Unit; (d) seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements by act or omission. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Elements by the Project is not a transfer within the meaning of this clause; or (e) use hazard insurance proceeds for losses to any of the Project (whether Units or Common Elements) for other than the repair, replacement or reconstruction of the Project. 20.6 Notice of Objection. Unless a First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proposed amendment or action requiring the approval of First Mortgagees within thirty days following the receipt of notice of such proposed amendment or action, the First Mortgagee will be deemed conclusively to have consented to or approved the proposed amendment or action. 20.7 First Mortgagees' Rights. (a) Advances. Upon 15 days' notice to the Association, First Mortgagees, jointly or singly, may pay taxes or other charges which are in default and which may or have become a charge against any of the Common Elements or improvements thereon, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Elements. First Mortgagees making such payments shall be owed immediate reimbursement from the Association to the extent that such payments were the responsibility of the Association pursuant to this Declaration. (b) Cure Rights. "The holder of a First Mortgage shall be entitled to cure any delinquency in the payment of Assessments on the part of the Owner of a Unit encumbered by such First Mortgage. 532869.2 44 (c) Financial Statements. If the Association has prepared an audited financial statement concerning its operations for any Fiscal Year, any First Mortgagee shall be entitled to obtain a copy of such financial statement by submitting a written request for such copy. If the Association has not obtained an audited financial statement, any First Mortgagee shall be entitled to have an audited statement prepared at such First Mortgagee's own expense. No such- audit shall interfere unreasonably with the normal activities and operations of the Association. The Association shall be entitled to obtain a copy of any audited financial statement prepared at the direction of a First Mortgagee by submitting a written request for such copy. 20.8 Limitations on First Mortgagees' Rights. No requirement for approval or consent by a First Mortgagee provided in this Article shall operate to: (a) deny or delegate control over the general administrative affairs of the Association by the Owners or the Board of Managers; (b) prevent the Association or Board of Managers from commencing, intervening and/or settling any legal proceeding; or (c) prevent any insurance trustee or the Association from receiving and distributing any insurance proceeds in accordance with the requirements of ARTICLE 18 of this Declaration. 20.9 Special Declarant Rights. No provision or requirement of this Article shall apply to or impair any Special Declarant Rights reserved to Declarant in this Declaration. ARTICLE 21 DURATION OF COVENANTS; AMENDMENT AND TERMINATION 21.1 Term. This Declaration and any amendments or supplements to it shall remain in effect in perpetuity, unless otherwise terminated or modified as provided in this Article. 21.2 Amendment of Declaration. Except to the extent that this Declaration and the Act expressly permit or require amendments that may be executed by the Declarant or by the Association, this Declaration (including the Map) may be amended only by a vote or agreement of Owners to which at least sixty-seven percent (671/o) of the votes in the Association are allocated. Notwithstanding the foregoing, the Owners may not amend this Declaration during the Declarant Control Period without Declarant's prior written consent, which consent Declarant may withhold in its sole discretion. Notwithstanding the terms and conditions of this section, Declarant may amend this Declaration as expressly provided herein, without the approval of the Owners. 21.3 Execution of Amendments; Expenses. Any amendment shall be executed either by the Declarant or by an officer of the Association authorized by resolution of the Board of Managers to do so, and shall be recorded in the Records. All expenses associated with preparing and recording an amendment to this Declaration shall be the sole responsibility of (a) any Owner desiring an amendment as provided for in this Declaration or the Act; (b) the Declarant, to the 532869.2 45 I i extent the right to amend this Declaration is reserved to the Declarant and exercised by the Declarant; and (c) in all other cases by the Association as a Common Expense. 21.4 When Modifications Permitted. Notwithstanding the provisions of Section 21.3, no amendment or termination of this Declaration shall be effective in any event during the Period of Declarant Control, unless the written approval of Declarant is first obtained. 21.5 Recording of Amendments. Any amendment to this Declaration made in accordance with this Article shall be immediately effective upon the recording of the executed amendment in the Records together with a duly authenticated certificate of the Declarant or the secretary of the Association stating that the required vote of Owners, if any, and required consents of First Mortgagees, as applicable, were obtained and are on file in the office of the Association. The amendment should be indexed in the Grantee's Index in the name of the Condominium Project and the Association and in the Grantor's Index in the name of each person or entity executing the amendment; however, the failure of the Clerk and Recorder to index the amendment in such a fashion shall not affect the validity of the amendment. 21.6 Termination of the Condominium Project. The Condominium Project may only be terminated as provided in the Act. ARTICLE 22 MISCELLANEOUS 22.1 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions contained in this Declaration and the other Project Documents shall be through any proceedings at law or in equity brought by any aggrieved Owner, the Association, or Declarant against the Association or any Owner. Such actions may seek remedy by injunction or restraint of a violation or attempted violation, or an action for damages, or any of them, without the necessity of making an election. 22.2 Non-waiver. Failure by Declarant, the Association, or any Owner, Occupant or Eligible First Mortgagee to enforce any covenant, condition, restriction, easement, reservation, right-of-way, or other provision contained in the Project Documents shall in no way or event be deemed to be a waiver of the right to do so thereafter. 22.3 Severability; Interpretation. The provisions of this Declaration shall be deemed to be independent and severable, and the invalidity of any one or more of the provisions of it by judgment or court order or decree shall in no way affect the validity or enforceability of any of the other provisions, which provisions shall remain in full force and effect. This Declaration is intended to comply with the provisions of the Act. In the event that any term of this Declaration is deemed to be inconsistent with the provisions of the Act, the provisions of the Act shall control 22.4 Number and Gender. Unless the context provides or requires to the contrary, the use of the singular herein shall include the plural, the use of the plural shall include the singular, and the use of any gender shall include all genders. 532869.2 46 22.5 Captions. The captions to the articles and sections and the Table of Contents at the beginning of this Declaration are inserted only as a matter of convenience and for reference, and are in no way to be construed to define, limit, or otherwise describe the scope of this Declaration or the intent of any provision of this Declaration. 22.6 Conflicts in Legal Documents. In case of conflicts between the provisions in this Declaration and the Articles of Incorporation of the Association or the Bylaws, this Declaration shall control, unless otherwise expressly provided herein. In case of conflicts in the provisions in the Articles of Incorporation of the Association and the Bylaws; the Articles of Incorporation of the Association shall control. 22.7 Successors and Assigns of Declarant. Any reference in this Declaration to Declarant shall include any successors or assignees of Declarant's rights and powers hereunder on the condition that Declarant's rights and powers may only be assigned by a written recorded instrument expressly assigning such rights and powers. 22.8 Exhibits. All the Exhibits attached to and described in this Declaration are incorporated in this Declaration by this reference. 22.9 Choice of Law. This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado. 532869.2 47 IN WITNESS WHEREOF, this Declaration is executed as of the day of STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) DECLARANT: IC DEVELOPMENT COMPANY By_ Name: Title: The foregoing instrument was acknowledged before this day of. 2002, by Richard Oneslager as Manager of IC Development Company, a Colorado limited liability company. Witness my hand and official seal. My Commission expires: Notary Public 532869.2 48 EXHIBIT A Legal Description City of Wheat Ridge, State of Colorado 532869.2 EXHIBIT B Allocated Interests Unit No. Votes Approximate Allocated Interest in Square Footage Common Elements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 TOTAL 532869.2 EXHIBIT C Recorded Easements and Licenses 532869.2 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 August 22, 2002 Richard Oneslager 4737 S. Lafayette St. Englewood, CO 80110 Dear Mr. Oneslager: At its meeting of August 12, 2002, City Council approved your request for a zone change from Commercial- One and Residential-Three to Planned Mixed Use Development and a preliminary development plan for property located at 5630 W. 38' Ave, for the following reasons: 1. All requirements for a Planned Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. City Council also approved the Planned Mixed Use Development final development plan for property located at 5630 W. 3 8' Ave. for the following reason: It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following condition: The homeowners association covenants be finalized prior to recording of the mylars with the Jefferson County Clerk and Recorder's Office. City Council also approved the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 W. 38' Ave. for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision Regulations have been met. With the following condition: 1. Payment of $13,800 be received in lieu of park land dedication as recommended by the Parks and Recreation Commission. Richard Oneslager Page 2 August 22, 2002 Blackline photographic mylars of the preliminary and final development plan and subdivision plat need to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are $10 per page. Enclosed is a copy of our fee schedule. Please submit payment along with the mylars. ' Enclosed is a draft copy of the minutes stating the Council's decision. Please feel free to contact me at 303- 235-2846 if you have any questions. Sincerely, Kathy Field Administrative Asst. Enclosure: Draft of Minutes Fee Schedule cc: Peggy Friesen Galloway, Romero & Associates 5350 DTC Pky. Greenwood Village, CO 80111 WZ-02-06 (case file) Building Department c:\Barbara\PCRPTS\PLANGCOM\CORRESP\WZ0005 CITY COUNCIL MINUTES: August 12, 2002 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 19-2002 - An ordinance providing for the approval of change of zone from Commercial-One and Residential-Three to Planned Mixed Use Development for property located at 5630 West 38th Avenue, City of Wheat Ride, County of Jefferson, State of Colorado. (Case No. WZ-02-06) (Balmar Management, LLC) Council Bill 19-2002 was introduced on second reading by Mr. DiTullio who also read the title. Clerk read summary and background and assigned Ordinance No. 1258. Dave Galloway, representing Balmar Management Group, was sworn in by the Mayor. He explained that there is a threefold plan before Council: A rezoning from Commercial-One and Residential-Three to Planned Mixed Use Development; a plat, that is going to create multiple lots, both residential and commercial in nature; and a final development plan. Meredith Reckert, Senior Planner, was sworn in by the Mayor and presented the staff report. Betsy Sharpe, 5667 West 38th Avenue, was sworn in by the Mayor; she questioned what type of retail stores will be put in and where will the parking be and will there be a traffic problem? Motion by Mr. DiTullio to approve Council Bill 19-2002 (Ordinance No. 1258) and further move to approve a preliminary development plan, for the following reasons: 1. All requirements for a Planned Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. This proposal wilt create Tess traffic impact than if the land were developed with the current CA zoning; seconded by Mr. Edwards; carried 7-1 with Mr. Hanley voting no. Motion by Mr. DiTullio to approve the Planned Mixed Use Development final development plan for property located at 5630 West 38th Avenue, Case No. WZ-02-06, for the following reason: 1. It is consistent with the Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following condition: 1. the homeowners association covenants be finalized prior to recording of the mylars with the Jefferson County Clerk and Recorder's Office; seconded by Mr. Edwards; carried 7-1 with Mr. Hanley voting no. CITY COUNCIL MINUTES: August 12, 2002 Page -3- Motion by Mr. DiTullio to approve the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38th Avenue, for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision Regulations have been met. With the following condition: 1. Payment of $13,800 be received in lieu of park land dedication as recommended by the Parks and Recreation Commission; seconded by Mr. Edwards; carried 7-1 with Mr. Hanley voting no. Mr. Hanley is concerned about this size of development going in an area consisting of 1.4 acres, and also the amount of traffic being generated. Item 2. Council Bill 24-2002 -An ordinance abolishing the Civil Service Commission and amending all references to the Commission in the Code of Laws of the City of Wheat Ridge. Council Bill 24-2002 was introduced on second reading by Mr. Schneider. Clerk read summary and background and assigned Ordinance No. 1259. Motion by Mr. Schneider that Council Bill 24-2002 (Ordinance 1259) be approved on second reading, as amended, and take effect 15 days after final publication; seconded by Mr. DiTullio; carried 8-0. Item 3. Council Bill 23-2002 -An ordinance abolishing the Personnel Commission and amending all references to the Commission in the Code of Laws of the City of Wheat Ridge. Council Bill 23-2002 was introduced on second reading by Mr. DiTullio. Clerk read the summary and background and assigned Ordinance No. 1260. Motion by Mr. DiTullio to approve Council Bill 23-2002 (Ordinance 1260) on second reading, as amended, and take effect 15 days after final publication; seconded by Mr. Sefsne der; carved 8-0. Item 4. Council Bill 25-2002 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8(b), concerning the Office of City Clerk. Council Bill 25-2002 was introduced on second reading by Mr. DiTullio, who also read summary and background. Clerk assigned Ordinance No. 1261. INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 19-90 2 Ordinance No. 1258 Series of 2002 T17" =;C: AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONE FROM COMMERCL4,L-ONE AND RESIDENTIAL-THREE TO PLANNED MIXED USE DEVELOPMENT FOR PROPERTY LOCATED AT 5630 WEST 381$ AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: - Section 1. Upon application by Balmar Management, LLC, approval of a zone change in Wheat Ridge, Colorado, Case No. WZ-02-06, and based on a recommendation for approval with conditions from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial-One and Residential- Three Districts and to include in the Planned Mixed Use Development zone district the following described land: Lot 1, Block 1, Balmar Consolidation Plat Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Property Rights Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safe Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that i1 is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of July 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 12 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 12th day of August 2002. SIGNED by the Mayor on this 13 ATTEST: anda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL; CITY ATTORNEY 1st Publication: July 11, 2002 2nd Publication: August 15, 2002 Wheat Ridge Transcript Effective Date: August 30, 2002 e:\plan 9\f0mXord.frm OF WHEq p AGENDA ITEM REQUEST FOR COUNCIL ACTION August 12, 2002 BOG ORA~O X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING _ BIDSIMOTIONS X ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: XX _ Yes No SUBJECT: Consideration of an application of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development, approval of a preliminary development plan, and a final development plan and plat for property located at 5630 West 38"' Avenue. SUMMARY AND BACKGROUND: At the June 20, 2002, Planning Commission meeting, recommendations of approval with conditions were made for all three portions of the request. The recommended conditions of approval have been incorporated into the plan sets. The applicant has agreed to the park fees-in-lieu of land dedication. ATTACHMENTS: 1. Council Bill No. 19-2002 2. City Council staff report with exhibits 3. Planning Commission minutes from June 20, 2002 4. Preliminary Development Plan 5. Final Development Plan 6. Plat Document STAFF RECOMMENDATION: ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTIONS: (BUDGET IMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A Approval for zone change and preliminary and final development plans. Approval with one condition for the plat document. Alan White, Director of Planning and Development Meredith Reckert, Senior Planner ZONE CHANGE AND PRELIMINARY DEVELOPMENT PLAN "I move to APPROVE Council Bill No. 19-2002, an ordinance rezoning property located at 5630 West 38' Avenue from Commercial-One and Residential-Three to Planned Mixed Use Development and I further move to approve a preliminary development plan, for the following reasons: All requirements for a Planned Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning." FINAL DEVELOPMENT PLAN "I move to APPROVE the Planned Mixed Use Development final development plan for property located at 5630 West 38' Avenue, Case No. WZ-02-06, for the following reason: It is consistent with the Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following condition: The homeowners association covenants be finalized prior to recording of the mylars with the Jefferson County Clerk and Recorder's Office." SUBDIVISION PLAT "I move to APPROVE the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38`h Avenue, for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision Regulations have been met. With the following condition: Payment of $13,800 be received in lieu of park land dedication as recommended by the Parks and Recreation Commission." INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2002 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONE FROM COMMERCIAL-ONE AND RESIDENTIAL-THREE TO PLANNED MIXED USE DEVELOPMENT FOR PROPERTY LOCATED AT 5630 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Balmar Management, LLC, approval of a zone change in Wheat Ridge, Colorado, Case No. WZ-02-06, and based on a recommendation for approval with conditions from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial-One and Residential-Three Districts and to include in the Planned Mixed Use Development zone district the following described land: Lot 1, Block 1, Balmar Consolidation Plat Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Pro e~rty Rights Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for ,2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 2002. SIGNED by the Mayor on this day of 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e9planning\for \ord.frm CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: August 12, 2002 DATE PREPARED: July 15, 2002 CASE NO. & NAME: WZ-02-06Balmar Mgmt. CASE MANAGER: M. Reckert ACTION REQUESTED: Zone change from R-3 and C-1 to PMUD, preliminary development plan and final development plan and plat approval LOCATION OF REQUEST: 5630 W. 38th Avenue NAME & ADDRESS OF APPLICANT(S): Balmar Management Group, LLC 5271 S. Yampa St Centennial, CO 80015 NAME & ADDRESS OF OWNER(S): same APPROXIMATE AREA: 1.4 acres PRESENT ZONING: Commercial-One and Residential-Three PRESENT LAND USE: Vacant, construction staging SURROUNDING ZONING: N: R-3 ;E: PRD; S: R-3; W: C-1, R-3 SURROUNDING LAND USE: N: Low Density Residential; E, S: High density residential; W: Low Density Residential, Commercial COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Serving Retail DATE PUBLISHED: July 29, 2002 DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS O OTHER July 29, 2002 July 29, 2002 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS The property is within the City of Wheat Ridge, and all notification and posting requirements have been met. Therefore, there is jurisdiction to hear this case. City Council Staff Report Page 1 August 12, 2002 I. REQUEST The applicant requests approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development, approval of a preliminary development plan and final development plan and plat. Attached as Exhibit `A' is the applicant's narrative of the project. H. EXISTING CONDITIONS/CASE HISTORY The property which is currently vacant is abutted by West 38" Avenue on the north and Depew Street on the east. The majority of the parcel is zoned Commercial-One with a 25' wide strip of Residential-Three zoning on the south. The C-1 zone district regulations allow a variety of uses including liquor stores, bars, lumber yards, automobile servicing and repair, and grocery stores. The permissible building height in C-1 is 50' (for reference, the First Bank building is 55' high). The property is relatively flat with two existing curb cuts to West 38' Avenue and one to Depew Street. There is existing curb, gutter and sidewalk on both public street frontages. The W. 38' Avenue frontage of the property is currently under construction as part of the 38' Avenue Streetscape project. The property was previously used as a gas station having been built prior to the incorporation of the City in 1969. The structure was demolished and the fuel tanks removed in 1990. At the time of demolition, it was discovered there was soil contamination from leaking tanks which was remediated by ground pumping and open soil remediation. In 1999, the applicant applied for a 16.25 foot variance to the 50' frontyard setback requirement to allow construction of a 6700 square foot retail building containing a laundromat and convenience store with gas sales and carwash. The purpose of the variance was to allow construction of a canopy over the four-pump gas islands which would encroach into the front setback along W. 38' Avenue. At the time of application (Case No. WA-99- 12), gas stations were a permitted use in the C-1 zone district regulations. The variance request was denied by the Board of Adjustment on January 28, 1999. A consolidation plat for the property was processed and approved pursuant to the Balmar Consolidation Plat recorded in August of 1999. Subsequent to the variance denial, the site plan was redesigned; and in November of 2000, a permit was approved by the city to allow construction of a convenience store with gas pumps, laundry building and carwash meeting the C-1 regulations and commercial development standards. Construction did not commence within 60 days, therefore, the permit expired. In February of 2001, the zoning code was rewritten which made gas sales a special use. Within that same time period, The Streetscape and Architectural Design Manual was adopted which identifies desirable mixed use areas along arterial streets and at major intersections of the city. The plan sets forth specific design considerations for mixed use projects. The West 38' Avenue streetscape improvements are based on this manual. On January 14, 2002, Ordinance 1239 became effective which established a new zone district called Planned Mixed Use Development. The intent and purpose of the new zone district is "to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the City Council Staff Report Page 2 August 12, 2002 surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods." The property is currently being used as staging site for the West 38' Avenue streetscape project. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on April 2, 2002. Attached as Exhibit `B' and `C' are a synopsis of the meeting and sign-up sheet. Included under Exhibit 'D' are other letters received regarding the request and phone call records. Letters submitted at the Planning Commission public hearing have been included as Exhibit `E'. IV. AGENCY REFERRALS All outside agencies can provide service to the property at the developer's expense Wheat Ridge Public Works Department has reviewed and approved a final drainage plan and report. The plat document and development plan are consistent with the streetscape plan for W. 38'h Avenue. All appropriate easement documents have been approved. Attached as Exhibit `F' is a synopsis of traffic counts conducted on Depew Street. The Wheat Ridge Parks and Recreation Commission has recommended that the applicant be required to pay fees in lieu of parkland dedication in the amount of $13,800. Wheat Ridge Urban Renewal Authority has concluded that the proposal is consistent with the adopted urban renewal plan for the area. V. PRELIMINARY DEVELOPMENT PLAN The intent of the preliminary development plan is to establish the zoning and general development concept. It provides generalized graphic and written information on layout, uses and intended character of the development. The preliminary development plan depicts the general layout of the property on page 2 with areas devoted to landscaping, parking and drives and building area. Single access points to W. 38' Avenue and Depew Street are shown. On page 1, permitted land uses within the mixed use structure are Restricted-Commercial with no limitation on the amount of retail area allowed. Several low-impact C-1 uses have been included as well. The plan allows the western building to have ground floor commercial with 8 second story condominium units. The developer has requested the ability to have second story commercial uses based on market trends at the time of construction. The other structures on the property are limited to residential only with twelve additional townhouse units. Maximum coverage by building and parking and drives is 85% with a minimum of 15% landscaped coverage. The revised development standards for commercial projects require 20% landscaped coverage. City Council Staff Report Page 3 August 12, 2002 Perimeter setbacks are proposed as being 10' from public streets and 5' from the other perimeter property lines (west and south property lines). Although the final development plan shows the front building walls setback 15' from property lines along both street frontages, the applicant is concerned that there may be minor adjustments when construction commences which may necessitate encroachment into the 15'. A note has been added allowing minor encroachments by canopies, steps and window wells into the minimum setback. The reduced setback from public streets is allowed pursuant to section 2.3.2.7 Build-to-Lines in Mixed-Use Areas of the Streetscape and Architectural Design Manual. Under "Maximum Building Height" in the "Lot and Building Standards", maximum height is shown as 35' for all structures. All requirements for a Planned Mixed Used Development preliminary development plan have been met. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a zone change request. 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property is currently zoned Residential-Three and Commercial-One. There is no mistake on the zoning map. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. This is an area with a wide variety of zoning districts (Commercial-One, Residential-Three and Planned Residential Development) and land uses (commercial, single family residential and high density residential). On the north side of W. 38`s Avenue are single family homes with R-3 zoning built in the mid 1930's. A newer single family subdivision extending north on both sides of Depew Street (Depew Estates Subdivision Filing No. 1) was platted in 1979. This subdivision has R-3 and RAA zoning. Abutting the property on the west is C-1 zoned property with a single family home and a four-plex immediately adjacent to the subject site and a commercial retail building beyond. To the south and east are high density residential developments owned by the same individual which were built in the early 1970's. The planned residential development on the east side of Depew consists of seven buildings constructed in "u" court configurations. The number of combined units in the structures is 85 with a density of around 23 units per acre. The multi-family development on the west side of Depew consists of 45 units in two structures built in a similar configuration with the buildings across the street. The density of these units is around 23 units per acre. The city's current density standards allow 12 units per acre in the Residential-Three zone district and up to 16 units per acre in Planned Residential Development zone district. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. City Council Staff Report Page 4 August 12, 2002 The Comprehensive Plan Future Land Use Map designates the property as Neighborhood Retail Area. Desired character and characteristics include: Small scale retail and professional services located along collector and higher classification streets Retail and commercial uses are within walking distance of existing neighborhoods Pedestrian amenities and spaces dominate over the automobile Desired attributes include the following: Small independently owned retail and service establishments not dependent on high traffic volumes Well landscaped, no outdoor storage, screened trash areas No drive-through facilities or auto-oriented commercial uses Height and bulk are restricted and relate to scale of adjacent neighborhood Desirable uses include the following: Professional services and offices Convenience service establishments Small eating establishments Specialty retail The property is included within the designated mixed use areas within the Streetscape and Architectural Design Manual adopted as part of the zoning code. Pursuant to Section 1.3.5.1.1, "Mixed use areas occurring in single structures are envisioned to have retail uses on the first floor with office or residential uses above. If mixed uses are proposed on a single lot, the primary use would be oriented toward the street with the residential located behind. Buildings may be closer to the front property line and parking is located to the rear or side of the structure. With multiple structures, the parking is located between structures and the structures are uniform in scale, mass, materials and color. Corporate uses may locate in these areas if their corporate design is altered to fit in with the design of the particular location." Further, "Mixed use areas emphasize pedestrian/shopper/residential amenities and street furniture, with a corresponding de-emphasis on the automobile. Pedestrian connections are provided throughout the site and to adjacent uses and neighborhoods. Structures are of an urban scale and landscape treatments are more formal. Right-of-way improvements transition into private property improvements and the line between the two is often blurred. Examples of these areas are plazas, courtyards, and outdoor eating areas." Staff concludes that the proposal is in conformance with the Comprehensive Plan. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Based on the variety of land use and zonings in the area, staff has concluded that the proposed PMUD zoning with a mix of commercial and residential units will be compatible with the area. The proposal will have less impact on the neighborhood than if the property were developed under the existing zoning conditions. City Council Staff Report Page 5 August 12, 2002 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There are no obvious recreational benefits as a result of the zone change. There could be physical benefits derived based on the fact that an "eyesore" property will be developed. Some noise mitigation may occur for the residents to the south. There could be economic benefits to the city via increased retail sales tax collected from new businesses in the city. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utility providers can serve the property with improvements installed at the developer's expense. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The proposed neo-traditional design pushes the structures toward the streets away from adjacent multi- family residences. Therefore, this design should have less impact on the amount of light and air than if developed in a typical strip shopette design. A final drainage report has been reviewed and approved by the Department of Public Works. All storm water is directed to an existing storm sewer in W. 38`s Avenue. Much of the concern expressed at the neighborhood meeting was centered around traffic. In response, traffic counts were taken on Depew with the conclusion that queuing is not be a problem at the intersection. Accident records were reviewed to determine if a left-hand turn lane on 381 Avenue should be required. There was no accident pattern evident supporting the need for a turn lane. See attached Exhibit `F'. Adjustments have already been made to the Depew signal pedestrian crossing to allow more time for pedestrians crossing 38" Avenue. Attached as Exhibit `G' is a comparison of trip generations prepared by the applicant using the current proposal and projected build-out under existing conditions (C-1 and R-3 zoning). Staff has reviewed this exhibit and concurs with the applicant that the mixed use proposal with over half of the building area devoted to residential uses will generate less traffic than if developed with the existing zoning. 8. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Although this is the first PMUD zone district application in the city, there are a wide variety of zonings and uses in the area. Staff will be encouraging similar applications on other properties in the designated mixed use areas in the Strectscape manual. Spot zoning should not be a concern. VII. FINAL DEVELOPMENT PLAN A final development plan has been submitted which is consistent with the proposed preliminary development City Council Staff Report Page 6 August 12, 2002 plan. Based on Ordinance 1239, a total of twenty-one residential units are allowed on the property, where only 20 are provided. A 7800 square foot structure with first floor commercial uses and eight, second story condominium units are shown within the western-most building. The other 12 residential units are incorporated as townhouses in the eastern two buildings. The developer has requested the ability to have second story commercial uses based on market trends at the time of construction. An elevator is being installed in the western building so handicapped accessibility is not a problem for any second story businesses open to the public. Access to the project is via a single curb cut on both 38' Avenue and Depew. All parking and drives are located behind the buildings which results in screening of these areas from adjacent public streets. Single story carports for use by the residents within the project will be located along the southern portion of the site. Abutting that common property line are the back doors of the apartments to the south which appear to be about T from the property line. There is a grade change between the two properties by way of a four foot high retaining wall with a four foot high chain link on top of it. The carports will be setback 6' from this common property line. Landscaping shown on Sheet 5 reflects the improvements being installed along W. 38' Avenue by the city through the 38' Avenue streetscape project. The developer has chosen to mirror this design (curb and gutter with a tree lawn and separated sidewalk) along Depew. In doing such, the sidewalk along Depew is on private property and the landscaping is in right-of-way. The homeowners association will be responsible for maintenance of landscaping in the right-of-way along Depew Street. The city will maintain sidewalks for public use located on private property. All proper easements for this to occur have been included on the plat document. Site data breakdown includes 24% in building coverage with 18.9% landscaped coverage. This figure for landscaped coverage includes both on-site living landscaping and on-site non-living landscaping. This non-living component addresses the public sidewalk located on the property within sidewalk easements. Landscaping located within public right-of-way has not been used towards the 18.9%. If the on-site and off-site landscaping were combined it would result in 12,775 square feet which is 20.9 % of 61,153 (total site area). All minimum plant material quantities for commercial landscaping have been met or exceeded. Coverage by parking and drive aisles is 33,225 square feet or 54.3%. Architectural materials include brick veneer with masonry and stucco accents. The rear elevations of the eastern buildings will be siding. Signage for the commercial businesses will be allowed both on the front and rear elevations of the western building as access can be gained from both sides. The western elevation of that structure will also allow wall signs for the western-most tenants. City staff is in the process of reviewing the homeowners association covenants. Because they are lengthy, not all comments have been received. Staff recommends the covenants be finalized prior to recording of the document mylars with Jefferson County Clerk and Recorder's office. All requirements for a Planned Mixed Use Development final development plan have been met. VIII. SUBDIVISION PLAT City Council Staff Report Page 7 August 12, 2002 The applicant has submitted a plat which is consistent with the proposed final development plan being a resubdivision of the previously approved consolidation plat. The commercial component and all parking and drives are included in Lot 1. Blanket cross access easement language has been included allowing free access through the parking and drive areas. The 12 rowhouses are contained within lots 2 through 13 to allow sales of the individual units. Detention areas are included as easements with the city's standard language included regarding maintenance. The plat document is consistent with the easements dedicated for the streetscape project. The separated sidewalk along Depew is contained within a sidewalk easement. The 25' wide landscape easement along the south property line dedicated by Balmar Consolidation Plat is being vacated upon recommendation by staff. The controlling document regarding use of this area is the final development plan where it is utilized as drive aisle and carports for the residential component of the project. All requirements of the Subdivision Regulations have been met IX. PLANNING COMMISSION ACTION Planning Commission held a public hearing regarding this case on June 20, 2002. Recommendations of approval with conditions were given for all three portions of the request. Zone Change and Preliminary Development Plan Reasons for approval: 1. All requirements for a Planned Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. . 3. The layout and design, while novel to the city, would be an improvement to the outdated designs of the neighboring high density apartment buildings. 4. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, all buildings should be limited to 35'. 3. A note be added on the preliminary plan regarding the mixed use building to provide that the entire building could be used as commercial. FINAL DEVELOPMENT PLAN Reasons for approval: 1. It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. City Council Staff Report Page 8 August 12, 2002 With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. Staff recommends the covenants be finalized prior to recording of the document mylars with Jefferson County Clerk and Recorder's office. SUBDIVISION PLAT Reasons for approval: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. 2. Payment of $13,800 be received in lieu of park land dedication as recommended by the Parks and Recreation Commission. All recommended changes have been incorporated into the plan sets being reviewed by City Council. The applicant has agreed to the park fee in lieu of land dedication. City Council Staff Report Page 9 August 12, 2002 J ' t ~1 E m1 a1 M xf mil ~I 9 3 z a J I FR I D L. . gI 11 1 3]'A ~ ~ ~ ~ ~ nss 5 LL X35 3>~ - 3R5 31ID" 3]Is AW ~ ~ a p 3 n% i7vi 5E 24 I a1 ni at t ai ai ~I a1 r 'T. " -1 o m R- LUEBKE PR ' 3R9 APTS WL71 M a u 4 - w T 3T39 ux m 5 R0 ! R-1 C R J]10 : D ~m W 367s , m~ -3 xss 3M ~ 3693 „ s Ml 3x0 Yt 3990 Y L ~ - - _ _ ~ JSI N W PL xM UJ 1.x3] g $ 80 _ U 3% 5 ~ ~ ]`AJ y q 3510 ~ X0 ~ suP-az-7 3sJ R-2 xw U m 5 x+s %,a F ~ n ~ ~ x xw 3500 x X% "a X99 PANORAMA 80 % x PARK 1111-3 3f99 i yW 33W 3q]0 };13 y 3X0 r~ O y„ N I FAA- 3390 3%] 3311 N 3965 I F =)I R-1C p WR9-1 0 R3 u,5 o 3z% ~ G ~ ~ 3as v 3m9 % r % JN0d3% C 3355 R 3333 I I ~ p g u93 J3°] 339 9x ~ ei ~ ~ 3383 3)9, 4 3991 ee„ ]ZIO 3 , 3~ m • ~ 3%f un 3'A9 5Y9 3359 3x1 T 1 3253 +x~ 32A 3}3, r tl `l 3a0. 3N5 3]0.5 3 9 3311 1 w nil R11 3310 3319 i x, 5]X 1-l 7 ,y9 ~ --7 -1 31A51 5E 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 O 100 = 300 co Frye enmosAv DEPAKTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 7. PUBLIC HEARING A. Case No. WZ-00.-09: 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. Alan White requested continuance of this case to July 18, 2002. Review from CDOT has been received but they indicated they have no knowledge of the Wadsworth Corridor Plan. The applicant has agreed with staff that this case should be continued until CDOT completes a review of the Wadsworth Corridor Plan. Mr. White stated that notices were given to all affected parties that tonight's hearing was to be continued. Letters will be sent out again prior to the July 18th meeting. Bud Simon, DHM 1390 Lawrence, Denver Mr. Simon, representing John Elway AutoNation, was sworn in by Chair WEISZ. He stated that he concurred with staff recommendations to continue the case until July 18. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to continue Case WZ-00-09 to the next Planning Commission meeting on July 18, 2002. The motion passed 8=0. B. Case No. WZ-02-06: An application by Balmar Management Group, LLC for approval of a rezoning from Residential-Three (Rl3) and Commercial-One (C-1) to a Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38th Avenue. This cased was presented by Meredith Reckert. She noted the following corrections to the staff report: (1) Page 7, second paragraph, second line: "sixteen" should be changed to "twenty". (2) Page 5, second from last paragraph, second line: "incompatible" should be changed to "compatible". (3) Page 10, condition no. 1 should be changed to "common detention and landscaping" included on the east side of Lot 7. She entered a letter of opposition received from Laurel Vance at 3708 Depew Street. Copies of this letter were also provided to members of the Commission. She also entered a memo from the city traffic engineer setting forth traffic counts on Depew Street taken over the past weekend. Copies of this memo were also provided to members of the Commission. Ms. Reckert reviewed the staff report and presented photographs and layouts of the subject property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. Commissioner McNAMEE asked if a time limit could be placed regarding the completion of the project. Alan White explained that, while there is a city requirement for a developer to start within a year of obtaining a permit, there is no time limit on when the project must be finished. Planning Commission Page 2 June 20, 2002 Commissioner COLLINS asked if there would be a problem with the line of sight coming out of the driveway onto 38s'. Meredith Reckert replied that staff determined it would not be a problem. In reply to a question from Commissioner McMILLIN, Meredith Reckert stated that all drainage issues had been addressed to the city's satisfaction. Dave Galloway Galloway Romero & Associates Mr. Galloway, representing Bahnar Management Group, was sworn in by Chair WEISZ. He _ stated that the applicant would accept all conditions proposed by staff. He presented a-brief history of proposed development activity on this site since 1998 which led to the present proposal before the Planning Commission. Following the neighborhood meeting where opposition to the project based on the amount of traffic was stated by neighbors, he ordered a report comparing trip generations under the present and proposed zoning and uses. This report was entered into the record and copies were provided for members of the Commission. He stated the results of the traffic survey indicated traffic would be less under the proposed zoning than it would be under present commercial zoning. He also stated that there is a historical curb cut on Depew which will be improved under the proposal. He further stated that all parking, landscaping, detention, traffic access and density requirements have been met. Commissioner SNOW stated for the record that she talked with an architect on this project when he called her office for information on ADA requirements. When she realized the project was in Wheat Ridge she discontinued the conversation. In response to a question from Chair WEISZ, Commissioner SNOW stated her discussion would not create any kind of conflict and would not influence her vote. Commissioner SNOW asked how the second floor of the proposed units would meet ADA standards. Mr. Galloway stated an elevator is planned for the second floor of the commercial/residential building. Commissioner SNOW asked if there is any lighting planned that would shine into adjacent residences. Mr. Galloway replied that the commercial buildings would have lighting that would be buffered by the proposed carport next to adjacent apartment buildings. In response to a question from Commissioner McMILLIN, Mr. Galloway stated that the residential units have single car garages. Commissioner McNAMEE asked about the phasing schedule for the project. She expressed concern about exterior construction going on over a period of several years. Mr. Galloway stated there are no current phasing plans. These will take place if and when the proposal is approved. Commissioner COLLINS asked where deliveries would take place for the commercial area. Mr. Galloway explained there are no loading docks and deliveries would take place in the parking lot. This is due to the fact that the proposed businesses will be small. Planning Commission Page 3 June 20,2002 Commissioner SNOW expressed concern about businesses such as taverns, nightclubs or dry- cleaning below the residential units. Mr. Galloway stated that dry-cleaning business would consist only of pick-up and drop-off. Richard Oneslager Mr. Oneslager, owner of the property, was sworn in by Chair WEISZ. He stated that he would not be willing to give up any of the listed uses. Chair WEISZ asked if it would be possible to have one large storefront on the first level rather than two or three small storefronts. Mr. Galloway replied that this would certainly be possible. In response to another question from Chair WEISZ he explained that the proposed parking lot-: grade would be approximately 6-7 feet lower than the sidewalk grade at the back of the existing apartment building. In response to a question from Commissioner SNOW, Mr. Galloway stated that the owner plans to retain ownership of the commercial units and the residential units would be sold to private ownership. Chair WEISZ asked to hear from those in the audience who wished to address this matter. Earl D.Quinnell, Jr. 3775 Depew, #10 Mr. Quinnell was sworn in by Chair WEISZ. He spoke in opposition to the proposal because of the increased traffic which would affect the many senior citizens who live in adjacent apartments. Duane Luebke 12163 W. 30`s Place Mr. Luebke was sworn in by Chair WEISZ. Mr. Lubke owns the 45-unit apartment complex to the south and the 24-unit apartments. across the street. These units were built in 1967 and 1972. He spoke in opposition to the application because of increased traffic the development would bring and the impact this would cause to senior citizens living in his apartments. He also expressed concern about ingress and egress into the development which would cause increased traffic on Depew. He submitted letters of opposition and a petition containing signatures of his tenants who were opposed to the development. The letters and petition were entered into the record. He expressed concern about the carport which would cause pollution from idling cars for the adjacent apartments. Commissioner COOPER mentioned that commercial zoning. would most likely cause more traffic than the requested mixed use zoning. Commissioner PLUMMER commented that the proposed development would probably increase the value of Mr. Luebke's property. Victor Boog 143 Union Boulevard, #625, Lakewood Mr. Boog, attorney representing Mr. Luebke, was sworn in by Chair WEISZ. He expressed the Planning Commission Page 4 June 20,2002 same concerns stated by Mr. Luebke. He further expressed concern that the freestanding row houses could be used for commercial in the future. He questioned the landscaping in that most of it is in the public right-of-way as part of the streetscaping process and includes non-living landscaping. He also questioned landscaping being placed in the detention area. Mr. Galloway returned to the podium. In regard to concerns about increased traffic on Depew, a left turn lane is planned for De-pew. He also stated that Steve Nguyen, city traffic engineer, advised him that letters were sent to neighbors regarding a meeting to discuss traffic concerns. ' No one came to the meeting. All lighting will adhere to city standards. The sidewalk is counted as landscaping along Depew because it will be detached to match the streetscaping on 38 h. All detention will take place in the parking=lot and, therefore will not be <lan&caped - In response to a question from Commissioner COOPER, Meredith Reckert stated that staff did receive the traffic study presented earlier in the meeting by Mr. Galloway. The traffic engineer reviewed the study and agreed, with the numbers presented in the report. In response to a question from Commissioner McNAMEE, Meredith Reckert stated landscaping percentage did not include the streetscaping. Since.the sidewalk will be built on the owner's property, it is a tradeoff. Commissioner SNOW asked if the residential units on Depew could be used as commercial in the future. Meredith Reckert explained that this could not happen without amending the preliminary development plan through a public hearing process. She further stated that a note would be placed on the plan to further clarify that these units could only be used for residential. Commissioner SNOW expressed concern about the effect of lighting on properties to the south and east. Mr. Galloway explained that any lights in the windows of the businesses would be shielded by a 6-7 foot overhang from the walkway for the second story units. The grade difference would also decrease effects of the lighting. Commissioner PLUMMER stated he would vote in favor of the application because it is compatible with the 380' Avenue streetscaping project and he did not believe the development would impact the adjacent properties nearly as much as a full commercial development. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-06, a request for approval of a zone change from. Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38th Avenue, for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. The layout and design, while novel to the city, should be an improvement to the outdated designs of the neighboring high density apartment buildings. Planning Commission Page 5 June 20, 2002 4. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, all buildings should be limited to 35-feet. _ Commissioner-McMILLIN-explained that, even though many neighbors expressed opposition to this project, he would vote in favor of the project because it is a main street type of development very suitable to this area. It would be unreasonable to deny an application because there are traffic problems in the area as long as the traffic would not be increased disproportionately. This proposal is very similar to developments existing elsewhere in the Denver metro area that seem to be working well. Commissioner McNAMEE requested a friendly amendment to request that a note be provided on the preliminary plan regarding the mixed use building to provide that, at the choice of the applicant, the entire building could be used as commercial. This would cause the language on the preliminary plan to match the final plan. The amendment was accepted by Commissioners SNOW and PLUMMER. The motion passed 8-0. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to recommend approval of Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 380i Avenue, for the following reason: 1. It is consistent with the proposed Preliminary Development Plan and generally . consistent with the City's commercial development standards. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to recommend approval of the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 380i Avenue for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision regulations have been met. Planning Commission Page 6 June 20, 2002 With the following condition: 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. Commissioner SNOW requested an amendment to add a second condition-which would require payment of $13,800 in lieu of park land dedication as recommended by the Parks and Recreation Commission. The amendment was agreeable to Commissioners COOPER and McNAMEE. The motion passed 8-0. - (Chair WEISZ declared arecess at-91.-25 p.m. The meeting wasreconvened at 9.3-5 p.m.) C. Case No. WZ-02-02: •An application by Roger-Loecher for approval of a rezoning- - from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of a preliminary development plan for property located at 3502 Wadsworth Boulevard. The_case was presented by Meredith Reckert. She reviewed the staff report and presented photos and layouts of the property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. She entered a letter into the record from a property owner to the east. The property owner objected to alcohol sales, massage parlors, adult entertainment/products or a use which would increase traffic onto 35th Avenue. She would prefer to see one family-friendly, low-traffic generating business--not two. She does not object to. the luxury car rental business but does not want to see a speculative tenant go into the building. Commissioner COLLINS expressed concern that a storm drain doesn't exist at 34th Place. Alan White explained there are plans to place a storm drain on 350i Avenue this summer. It was clarified that the storm drain will be placed in 35th Avenue and run south to tie into the storm sewer in 34th Avenue. Commissioner COLLINS also requested that, like State Beauty Supply, no right turns be allowed onto 35th. He also expressed concern about impact to the neighbors from lighting. Meredith Reckert stated she would look into this concern. " Commissioner COLLINS asked why there is no acceleration lane on Wadsworth in the plans. Alan White explained that traffic to be generated by this application is too minimal to justify an acceleration lane. Commissioner COLLINS asked how this application relates to the minimum separation between car lots. Alan White explained that the cars will be restricted to the inside of the building. The restrictions referred to by Commissioner COLLINS relate to outside lots. Commissioner McMILLIN inquired about setbacks and buffers. Meredith Reckert explained that the application is a planned development and, therefore, a five foot setback can be allowed. Staff has recommended the rear setback be increased with a six-foot high solid fence with upright landscaping be installed in this area. Planning Commission Page 7 June 20, 2002 ExH /r3% T 'A If PERRIN'S ROW WEST 38TH AVENUE & DEPEW STREET REZONE TO PLANNED DEVELOPMENT - MIXED-USE DISTRICT Balmar Management Group, LLC, requests approval of the proposed Perrin's Row rezone based on compliance with the City of Wheat Ridge Zoning Code Section 26-112 and Section 26-301. Purpose and Intent of Rezone: The purpose of the project is to rezone the property from existing R-3 and C-1 zoning designation to PD-PMUD (Planned Development- Planned Mixed-Use District) zoning designation. Concurrent applications are filed for approval of the Rezone, Consolidation Plat and Final Development Plan. The Perrin's Row development is designed to allow the integration of residential and commercial uses and site design, which is consistent with and complimentary to the surrounding neighborhood. The development meets the intent of the Comprehensive Plan and the West 38th Avenue Streetscape and Architectural Design Manual of the City of Wheat Ridge. The Planned Mixed- Use Development zone designation will allow the flexibility in uses, design and orientation required to create the desired historic character while maximizing space and community interest throughout the planning, development, use, operation and continued maintenance of the Planned Development. Applicability of Rezone Request. The existing 1.4-acre parcel of land currently includes a 7,650 square foot (0.176-acre) area zoned R-3 and a 53,503 square foot (1.228-acre) area zoned C-1. A rezoning of the site is required according to the City of Wheat Ridge Zoning Code, Section 26-112 in order to change the zoning. The applicant's desire is to rezone to Planned Development and utilize the City's new Planned Mixed-Use District designation. Justification for Rezone Request., The applicant believes the rezoning complies with all City Codes and guidelines regulating the land use as discussed below: 1. Need for the change of zone: The City of Wheat Ridge has identified desirable future land use in certain areas within the City as "Mixed-Use" in the Streetscape and Architectural Design Manual. The City of Wheat Ridge City Council adopted Ordinance No. 1239 on January 14, 2002, which created a Planned Mixed Use District in order to provide a Planned Development Zone District which would accomplish it's desired goals for true mixed-use development in this area of the City. The 1.4-acre site is now encumbered with two different zone districts, neither of which would allow a true mixed-use development as desired by the City. The rezoning from R-3 and C-1 to PD-PMUD will allow the desired mixed-use development to be accomplished at this location. 2. Present and future effect on the existing zone districts, development and physical character of the surrounding area: The proposed site is located on a major arterial and surrounded by both commercial and residential zone districts. The site was previously developed as a gas station, which was demolished. The land is currently a vacant infill site surrounded by developed land uses including commercial, multi-family residential and single-family residential. The planned mixed-use development will serve as a transition to the adjacent zone districts and compliment the character of the existing neighborhood and surrounding area. 3. Access to the area, traffic patterns and impact of the requested zone on these factors: The proposed mixed-use development will close one of the two existing curb cuts on West 38th Avenue. There will be one point of access off West 38th Avenue and a secondary access off Depew Street. Therefore, the access to the property will actually improve from the previous development on the site. The traffic projections for the proposed mixed-use project are lower than if the property would build out at the current zoning designations. Traffic patterns will not significantly impact the existing infrastructure at this location. 4. Availability of utilities: All utilities are available to the site, as it was a previously existing commercial development. 5. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc.: Since this is a redevelopment of a commercial site, public facilities are adequate to service the proposed development. Utility providers, City Engineering and Fire Department have been contacted regarding the project and indicate the availability of services. The rezoning, consolidation plat and final development plan will be subject to required agency referrals and City development approval requirements prior to construction. Z031.psfRezone Justificalion.doc 6. The relationship between the proposal and adopted plans and policies of the city. The proposed development will fulfill the City's desire for a true mixed-use development within this corridor and comply with the adopted Streetscape and Architectural Design Manual and related development criteria of City Code. Compliance with Rezoning Review Criteria: The proposed mixed-use development is in compliance with criteria outlined in the Wheat Ridge Zoning Code as follows: 1. Applicant must show that a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following: The City Council has identified desirable growth trends to include mixed-use development in areas outlined in the approved City of Wheat Ridge Streetscape and Architectural Design Manual, which includes the subject site. The surrounding area includes development reflective of both commercial zone districts and residential zone districts in proximity to each other. Until recently, the City had regulations pertaining to Planned Residential Development and Planned Commercial Development Districts, but neither zone district had adequate provision for a true mixed-use development within the City. In order to accomplish the goals of the Streetscape and Architectural Design Manual, a new planned mixed-use zone district was created. The subject rezone will allow development of a mixed-use commerciallresidential product that will fulfill the desired goal of the City in this area. 2. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area; and The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies and specifically with the Streetscape and Architectural Design Guidelines. Designated mixed use areas are outlined on the streetscape classification map included in the design manual. The proposed property falls within this designated area. The proposed rezoning will allow the type of mixed-use development to occur that is contemplated by this document. Z03 Lpsf.Rezone JusUcatim.doc 3. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and The proposed zone change to PD-PMUD is compatible with the surrounding area of primarily commercial and high-density residential development. The proposed development will provide site design features desired through the City guidelines and create a positive transitional use area between the commercial and residential developments. In addition, the West 38th Avenue streetscape improvements will be expanded around the Depew frontage of the site to further continue the theme being established in the corridor. The project will benefit existing development by providing an aesthetically pleasing design for the intersection and provide an economic boost to the area by providing additional commercial opportunities for the neighborhood. The benefits of this development will greatly enhance the immediate area as well as fulfill the City's vision for redevelopment in this area. 4. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; and The proposed zone change will allow the transition of land uses to be developed within the parameters of a planned development zone district. This will give distinctive advantage to the control of architectural design and site layout to best serve the development and surrounding area. The proposed development will bring social, physical and economic benefits to the community by providing both retail and residential opportunities in a controlled development environment. 5. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and The existing infrastructure and facilities are adequate to serve the type of uses allowed by the zone change. The City departments and utility companies have been contacted during the preliminary planning stages and have not identified any infrastructure issues resulting from the proposal. 6. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and The proposed change of zone will not adversely affect public health, safety or welfare. The proposed mixed-use scenario will actually create less traffic congestion that if the property were to develop under the current zoning parameters. The existing street classifications and public infrastructure will support the proposal without additional improvement requirements. The site Z031.psfRuone Justification.doc - - will be designed to comply with all City development criteria including drainage requirements. The existing zoning would allow building heights of 50' whereas the proposed mixed-use structures will be restricted to 35' high. There will be no adverse impacts that would reduce light and air by rezoning the property to PD-PMUD zoning. 7. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed zone change will actually provide a better transition between the existing commercial and residential zone districts currently juxtaposed to each other. The Planned Development zoning will insure that specific zoning and architectural criteria will provide a cohesive development and control the relationship of the uses to each other. Compliance with Section 26-301- Planned Development District Criteria; The intent of a planned development district is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The Perrin's Row proposal will provide zoning and architectural controls to accomplish a true mixed-use development, which will achieve the purposes of the planned development district as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques.. Careful thought has been given to the design of the proposed mixed-use development in order to accomplish an efficient transition between it and the adjacent zone districts. The residential element of the development is located along the north and east property boundaries, adjacent to existing residentially zoned and developed parcels. Covered residential parking is located adjacent to existing high-density residential development to the south. The commercial element of the development and related parking is located nearest to the existing commercially zoned and developed property to the west. Z031,psf Rezone Justification.doc - - - - The proposed West 38th Avenue streetscape-and like treatment proposed for----- - - the Depew streetscape will serve as an aesthetic buffer along the north and east frontages of the development. 2. To promote flexibility in design and permit diversification in the location of structures. The proposed planned mixed-use zoning will allow the flexibility needed to accomplish the true mixed-use design contemplated by the Wheat Ridge Streetscape and Architectural Design Manual. This zone district removes the restrictions placed upon percentages of commercial and residential uses allowed within the same development by earlier Codes. The blending of the two uses can now be accomplished within the proposed planned development within limitations imposed by the PDP. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. The proposed rezone to PD-PMUD promotes the most efficient use of land in an infill location surrounded by both residential and commercial zoning. The proposed development will not only provide additional retail uses for the community, but also a low maintenance urban living opportunity for residents as well. All of the parking and drive areas are internal to the site, eliminating the need for off-site parking. Access points are established off the public rights-of-way at the northwest and southeast corners of the development promoting efficient traffic-circulation. Existing public infrastructure is more than adequate to accommodate the proposed uses. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. The proposed site was previously developed as a gas station. There are no significant natural features present on the site at this time. Approximately 11,500 square feet of new landscaping will be installed as a result of this development, including the proposed streetscapes along West 38th Avenue and Depew. This proposal will aesthetically enhance the intersection and provide a great improvement to the existing conditions on the property. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. The proposed zoning establishes development criteria, which allows a better and higher use of the land through the combination and grouping of structures, parking, loading and storage areas. The residential uses and Z031.psf.Rezone Justification.doc accessory appurtenances are located along the north, east and south property frontages. The commercial element is located on W. 38th Avenue with pedestrian access from the north and south building frontages. Vehicular access to the commercial uses is by an internal parking and drive area interior to the site. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. The architectural standards of the development are established in the PDP. The historic style of architecture will be thematic to all proposed structures within the development. The architectural standards will further ensure design consistency within the development. 7. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. The proposed mixed-use zone will generate less traffic than if buildout of the existing zoning designation would occur. In addition, one of the two existing curb cuts off West 38th Avenue will be eliminated. The site will be accessed off West 38th Avenue and Depew Street. All interior circulation has been designed to separate the parking between the residential and commercial uses. The location of the two points of access facilitates efficient circulation through the site. The site meets criteria of the Fire Department for life safety issues. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. As stated earlier, the proposed site was previously developed as a commercial business. Existing public utilities are available within the area and adequate to serve the proposed development. 9. To promote conformance with the adopted Comprehensive Plan, established policies and guidelines for the area and for the community. The proposed Planned Development- PMUD zone is in conformance with the adopted Comprehensive Plan and established design guidelines for this area. 90. To promote handicapped accessibility. The proposed development will conform to all handicapped accessibility requirements. Z03 Lpsf.Rezone Juslificadon.doc ExHi,Bl T 7500 West 291 Avenue City of Wheat Ridge, Colorado 80215 Meat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: April 2, 2002 City Staff Present: M. Reckert, M. Garcia, S. Nyugen, G. Knudson Location of Meeting: City Hall Property Address: 5600 West 38' Avenue Property Owner: Richard Oneslager Property Owner Present? Yes Applicant: Oneslager/Galloway Romero Existing Zoning: Commercial-One (north 170') and Residential-Three (south 30') Comp Plan Designation: Neighborhood Retail (Comprehensive Plan) and Mixed Use (Streetscape Plan) Existing use/site conditions: Vacant property with two curb cuts on 38`s Avenue and one on Depew. Applicants proposal: Applicant proposes a mixed use project with 7600 square foot of retail, 12 rowhouses and speculative upper story of retail (condominiums, office, work/live space) in neo-traditional design with structures pushed towards streets and parking in interior of property. Currently used as staging location for city streetscape project along 38' Avenue. Abutted on south and east by high density residential. Issues discussed: • Design of project: Proposed building heights, Number of parking spaces proposed, setbacks too close to street, design isn't compatible with existing development in the area, good design • Traffic - need for left-hand turn lanes on 38' Avenue, potential bottle necking of traffic on Depew based on their curbcut location, timing at the 38~/Depew light doesn't allow enough time for elderly pedestrians to cross, need for traffic calming on Depew • what kinds of retail uses are being proposed? • streetscape project - how much easement is required from this site as opposed to the development on the east side of Depew Street? • With buildings closer to the street, is sight distance adequate for apartment to the south? • Whether accesses are needed on both 38'h Avenue and Depew Street • Whether the carports on the south could be moved to the western property line? Not enough setback from southern property line. Owner is worried about the negative effects of car exhaust on apartments to the south - Owner offers six-foot high solid fence for increased buffering In general, the property owner on the south and east does not support the proposal based on traffic and incompatibility with development in the neighborhood. Eleven of the persons in attendance were tenants of those buildings. The single family residential homeowners in the area and property owner farther to the south (Konsella) think it's a good project and like the neo-traditional design. 6>0414317' "C l I O CO co --I 6) C)7 -P. W N 1 5 n to Ml p I w a rn W y 00 ' ~y N z n _ E Zrm m Cl) rn O mop 0 m cn m m. m w o Z 0 b U7 W N - - VV /vWSI I , W Q~q U~ 'W 00I W~ T`~ ,,.~3 r/ ~c~v1 tet, gcA~ 3+. ~~%A C- e- 1 7n~1"-care. ~n.s-~.4 370 _ . z..o . ~ tee. g a6 z-, R~~.s C°~.5-(•~lla ~38'!Z tom- pew s-~- ~a.3 - ~l3!- ?36? 1 r t4 t B 1 T 03/27/02 City of Wheat Ridge Planning Department 7500 W. 29th Ave. Wheat Ridge, CO 80215 Dear Sirs, 5 Thank you for your invitation to the upcoming zoning meeting on April 2nd. While unable to attend, I would like to express my opinion on the matter. I strongly support mixed-use development in Wheatridge, based upon tenets of traditional town planning. A successful mixed-use development would include street trees to soften the transition between roadways and structures, promoting safe pedestrian traffic. Residential properties should have detached garages, preferably with alley access. Attached garages are a hallmark of tract housing and have no place in a traditional town plan. I am sure your architects and developers are familiar with the writings of James Kunstler and Andres Duany. I hope that their insights on proportional relationships will be reflected in plans for the development at 38th and Depew. Something must be done to draw attention away from the blighted landscape that area has become. The single-story, asphalt surrounded structures there, bereft of trees or any consideration of style, give the 3700 block of Depew the desolate look of a desert. I am so pleased to see strides are being taken toward responsible planning. I look forward to a day when the comer at 38th and Depew boasts structures of quality and integrity. Good luck in your efforts. Sincerely, QLAJ( 'J'. aQ.-Q-Q.-vi, Jennifer J. Sleeth 5495 W. 32nd Ave. Do Wheat Ridge, CO 80212 I sZ&~ ff t a~jG .._.._i (C- Ll J hew- k!T J2 2- ~ J 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone 303/ 235-2846 FAX 303/235-2857 COMMENT FORM - CASE NO. WZ-02-??? SOUTHWEST CORNER OF DEPEW ST. AND W. 38TH AVENUE Date: April 4, 2002 Name: Thomas Nesler Address: 3775 Chase Street Property Owner or Renter? Staff contact: M.R. Property owner Type of Inquiry: Phone XX Letter Office Visit Nature of concern: Supports the proposed development. Thinks it should happen as soon as possible with as much retail development as possible. Good that Wheat Ridge is starting to be part of the metro area. Position: Comment: Information sent? Supports proposal. No Add to notification list? Yes 7 Vx e all "f-OLINHOTELAPARTMENTS FAX NO. :3038322031 'S:51AM P2 ~ June 17, 2002 Laurel Vance 3708 Depew St. Wheat Ridge, Colorado 80212 The City of Wheat Ridge 7500 West 20 i Avenue Wheat Ridge, Colorado 80215 To the City of Wheat Ridge: I have lived in my apartment for about 2 and 1/2 years. I have enjoyed the quietness and being off the main drag of 381i Avenue. the immediate neighborhood is residential and ideal for those of us who do not wish to live in constant activity. I am very alarmed that there is a proposal to develop the large lot on the southwest comer of 3811 Avenue and Depew Street. If this plan is approved and goes forward, the traffic will increase significantly on Depew Street and cause a considerable increase in the exhaust and noise pollution. I work in Denver and travel 3VO Avenue to drive to and from work. The strip between Perry and Irving Streets is very congested and highly polluted. I would hope that the city of Wheat Ridge would not inflict its residents with this type of development in a quiet stable residential area. I request the zoning for mixed used on the above cited location not be approved. Thank you for considering my written objection to the zoning change request Case number WZ-02-06. Sincerely, Laurel Vance (303) 86I-8052 Work (303) 422-5854 Home a-.x IV Z-Oz-duo Ruth Hull 3790 Depew #5 Denver, CO 80212 June 20, 2002 To Whom It May Concern; This is in regard to the construction proposed for the southwest comer of 38th Avenue and Depew. The proposal is to build 24 row houses, 8 condos, store frontage and 99 parking places. The size of the property does not seem large enough to support this size of a project. The traffic will increase dramatically and will no doubt create a hazard for the tenants of the apartments on Depew. I strongly suggest that the project be decrd-or abandoned. Sincerely, Ruth. Hull ~ g W Z -o z-o c '~UNCS /9, o2v~ a I ® GrJ 2 - CZ-O ~o..ecz.G-~_ oC ~ OI I have lived at 3775 Depew St. #17 for _fhe last 4 years. My apartment looks out at the lot on 38th & Depew. I feel that the purposed project is too much for such a small area. If built it will add traffic, noise, and congestion to an already busy street. I am not unrealistic in this day and time to think that nothing will be built on this property eventually. I hope what ever goes on the site will not have so much ( Retail, 99 parking spaces, condo and town homes?) on. I now live in a ug iet, safe, well kept building, that I enjoy. I hope that you, the city council of Wheat Ridge will take my concerns and those of others into account when voting on this project. Thank-You. Debbie Miller 0a-`v yu Z -6 Z-~ G tL .3 7 7 5 Z° S,~ ~a _ _ GFA.. ~r ~ _C~"~•.B. L EF( 3.s _..._~-hal.. ©~t.,{~t„>. ~.t < ~ /e-u%^d ~ a. ~-O„<_.~.L,..~, 8 r _Q?Z-.~zz~.~2 ..co + 13' koL On- 1_.x„4. ~ . " 7~. 2~ r u , 8 of 3 Vi"a" 4, FJ.~.~,,, 5 - 3 37 lc) _..._s a 3 3~96 p~nEw - - - - ..pro.-5~ 1 V c7 0-1-- 4111-1111, 4-11.11&C -Z41 .~R ck C ,.K 3L 2c z Ztc 3lZ . ! ..~J~......~ i3 /I alvL~ 11 75- -4 g. c try' it S. U~ 3 t F~ 4 s Pte,---7146._ 4-e carao..xt, 387 t4 71 s 37 oP ~Z ~f ~ LE 01 ; 4;t cc tea' 3 two ~`f 'Si ecz. LL)- CZ-~ .06 39 U _3C-6~-G. /gyp / .fiaa~, CIL- .4 .~u G 3a `376 - o ate" LCz_::'.. l ~ 3 -,I- . 3476 >Z C' Env S3730 ~5rl. 3290 Cl S-~ A. Z - ~ )2. ~/gyp 3 36d 6 ~ ~ 712 ....ff~~?!l hSfJ 3776 /r >j 3?Y4 ' 62 ~ . I- ~31~ 315 ^9 ~Ew 9 r 2 l (ate wz-0 c /~Da *E17 is wee, ~ ~ "J~, ~U C! ~~irfd row) W2-62-Q J el- City of Wheat Ridge 7900 West 29th Avenue Wheat Ridge, CO 80215-6713 TO WHOM IT MAY CONCERN: 'Z; ,Zoo. ZA/ Z -0 Z- o G I am against the rezoning on the corner of Depew Street and 38th Avenue. There are so many apartments along Depew Street now with so many cars that it is already densely populated - building more apartments will only add many more people and many more cars to the number now existing. It is difficult to cross Depew Street at 38th Avenue now with the erratic traffic light there. I think there will be too any cars and people for the allocated space. Jeanne Warner 3765 Depew Street Apartment #21 y DCity eparttrient of f~ublif nentofPubc Works MEMORANDUM F3epa TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer 5~ DATE: Thursday, June 20, 2002 SUBJECT: Traffic concerns at 38' Avenue and Depew Street This memo is the assessment of the current traffic conditions for Depew Street in response to the concerns raised by area residents at the neighborhood meeting on April 2, 2002 for the Onslauger Development at 38I' and Depew. This assessment will discuss the traffic volume on Depew Street south of 38th Avenue and the review of the accident history of the intersection itself. In brief, the traffic data volume collected over a full weekend reveals that peak hour volumes do not pose any major traffic queues or congestion at the intersection. For the purpose of a thorough traffic volume assessment on Depew Street, the data was collected during the weekend to also capture recreational traffic since there is a park nearby about 3 blocks away from the intersection. Panorama Park was in full use during the collection period. Furthermore, in an effort to verify weekday traffic conditions, the intersection was observe numerous times at different times of the year. This includes different hours of the day, including peak and off-peak hours. Traffic was very light on Depew Street during all of the observations. The full day volume on this street is comparable or less to the volume of other similar local streets that intersect with a collector street such as Teller, Reed or Upham Streets, at 3 8`s Avenue. These streets operate at adequate capacity and modest delay during peak hours without a traffic signal. Currently, the traffic signal at Depew Street provides a better operating condition than the other similar streets as mentioned above. Another concern was the lack of a turn lane on 3 8' Avenue at Depew Street. Drivers are concerned that left turn vehicles may get rear ended since there is no turn bay to clear vehicles from the thru traffic. Traffic accident history was researched and analyzed to determine if this currently posed a problem. The study period goes back to about 6 years worth of records. There was no accident pattern that would suggest such problem. In conclusion, field observations at various times and the study of traffic volume and accident history uncover that Depew does not experience an excessive volume to saturate the intersection which can lead to capacity and queuing problem. In addition, the accident records shows that it does not manifest a safety problem because of no turn lane available on 38' Avenue. cc: Mike Garcia, Development Review Engineer O 0 N 0 U d O U C O O U U N F m d' } Ao ~ o~ a N y o r- N c E ~ 00 _ l ~ T ca Cl) N Off' N O ~ CO ~ N O r r r sa~~iyan O O c a 00 M O~ 0 O> y d d co CL W 3 O MM MN I~ CO MtON O V Mf~t~ M.t`n V (O CO OHO = NCO ~(OM I~CO OIL M V ~ O)M~ V MN ~M +'C+ m~O m 1~ o V NNM M 1~M M V M MN V N I!] NI~M W W MmMCO I~O)MMfO f~~MNNN w G L 04 O O O >O `0 LO0 ItMMM V MM tO f~N V V N CO M I.- M U r ~MMM iOr MV V M O)M ~O f0 Cn a-~~ F 3 CA V M M r (P O N O O V M N V O V M M M~ M O M N ~ V ~~MMONMMf~(O V ~MM V NNU] O - 0 N Q U > ~ N M V ~O M M (A O r ~ N M V N t0 1~ M O O T - c N c 6 H N N Q =;F OD C C N O x a) a , U O N N E- C N N.O L . U N G N N = C = 00 O C U L r O 0 C ~ 0OU0 mw = t0 V 1 0 N co -0 O d O N ~ O c U m 3 Q > ° m a L Q Q O M CO L C O ~ CO ~ 0 ` ~M` E pV EV N m L CL (D Z) - w z a d U c max a Sao 2 ~j. d 0 o`,°tV ^s ~i;CL 0 z w- o ~ 0 ~o d. m ~a W 14S O ~ O N N j J~ ~j H Q Z C-K H 1817- ~ 6- TRIP GENERATION COMPARISON - 38TH & DEPEW (Compares Existing to Proposed Zoning/Uses) Proposed Proiect- Mixed Use Description: ITE Code Retail: 820 Townhome/Condo: 231 Size Weekday ITE Total WedAkTratlic 7.4 KSF 42.92 20 5.86 Project Weekday ITE Project Weekday 1TE Proiect ITE Sat. Pr. oiect ITE Sun. Proiect Total AM Peak AM Peak PM Peak PM Peak Total Sat. Total Sun. 318 1.03 8 3.74 28 49.97 369 x25.24 187 117 .66 13 .83 17 5.67 113 4.84 97 435 21 45 482 284 C-1/R-3 Zoning - Assumes R-3 not built -Retail Only Project Retail: 820 15.2 KSF 4192 652 1.03 16 3.74 57 49.97 759 25.24 384 652 16 57 759 384 Existing zoning would allow: 217 vpd 5 VPH lower 12 VPH higher 277 vpd 100 vpd y higher higher higher The existing The existing The existing The existing The existing zoning would zoning would zoning would zoning would zoning would allow 49.8 % allow.23.8% allow 26.7% allow 57.5% allow 35.2% more trips less AM peak more PM peak more trips on more trips on than proposed hour trips than hour trips than Sat. than the Sun. than the project. proposed proposed proposed proposed r project. project. project. project. A uwJ1m 3JYNS T m m a lAm a zirm @"J f i I II I I I 1 1 i 4 I I Iwi. v si I 1 •Y,s ~ t o I ' 1 1. zl t 1 I I r--- .n I' 1 I I I 11 r I I i t a 1 rr I `I 6 1 ".F__ i 4 g ~ 1 Roi` e'y J'r a"t1 :t I I 'k` I m I I ~ I ~ ~ '1 I h I i 1 I ~0 1 I~ i . j :I O - a.~ i t a i a ~ v unw ~ I. T_ I 1 CV f O ' as vn x,~b~re wr ~orrm m riocmn au to aubm au Nn6 GIY Y m~wm. ab. n+anrvM bYD7'ex1°~emm ..a iw mw tou ~wr °r'inr lal~ mvu an m amTir va n mrm ~ ]xm bur mabs n a a'utl0nol a ro n t* i F F < ,t /G, Zan DF ~"vt~»~.+.,r r d Faor mn rt ~ i fr+ ~wyi v0 SNI0INOORG3Wd au b, mmoY sr biVrl0lf nwo :Y~: ra~ ~'a'''°O 1D/°^ n.ou~ Ya amsurs nu u saaYa x~mr dm.'wa ~YU ab > xr mr n w~ t •xr 'P. Ib1.nr.D JIYt Idl Pp~ i~l{1 y ~ Y mr'd~ Q ®lQil ny lid 1 nmwr Ir lc~ Aw- m i® i 1 + I 1 j z\ c' c i i I q i t ,3 Iv i may. yz,gzz o~f1ar g.9 -le I I I f 1 v lil l(C"IirYO]~ Y Y g• Xi MMN SST I Rlp T DIY e I IIIIRR 1 - - - - - - - - - - - - (1IIY ~ •m_ L _SS I run ~ 131'1N3AY Ii1.B£ lS3M - .1 ° F F ~""'sf'ibac a and I se'anz 3xsswx F _ F F~ f _ _ _ _ _ _ _______..__-___-et-______-_____I _________-a.- -ijh _ bYpl _ _ _ am 3 -x~m>aavsras i>VIfLL FYI >Q lJ 1Y~OJ~ ~ Ol' /YCq F7 OWNERSHIPa BALMAR MANAGEMENT GROUP, LLC PERRIN'S ROW SUBDIVISION c/o RICHARD ONES(.AGER, JR PLANNED MIXED IJSE DEVELOPM PRELIMINARY DEVELOPMENT P AN OFFI rAL DEVELOPMENT PLAN IN THE CITY t?F 5271 S. YAM PA ST. CENTENNIAL, CO 80015 (303) 680-8620 IN _ ~ PREPARED BY: PART OF THE NE 1/4 OF SECTION 25, T. 3 S., R. CITY OF W~IEAT RIDGE, JE~FERS~N COUNTY, PARKING SPACE SIZES (MINIMUM): GALLOWAY, ROMERO & AS50CfATES 5350 DTC PARKWAY GREENWOOd VILLAGE, CO 80111 (303} 770-8884 DATE OF PREPARATION: REGULAR: 8.5' X 18' N INITITIAL SUBMITTAL: APRIL 15, 2002 COMPACT: 7.5' X 15' (35~ OF REQUIRED PARKING CAN BE COMPACT SPACES.) REVISED: JULY 10, 2002 HANDICAP: 16' X 18' UNIFIED CONTROL STATEMENT: * 2' OVERHANG ALLOWED TO 5ATISFY LENGTH REQUIREMENT FOR PARKING SPACES ADJACENT TO PERRIN'S ROW WILL BE DEVELOPED UNDER SINGLE OWNERSHIP OR CONTROLLED BY RECORDED SIDEWALKS OR LANDSCAPING. COVENANTS IF A PORTION OR ALL OF THE PROPERTY IS CONVEYED TO ANOTHER PARTY. IN EITHER ~ CASE, THE CONTROL OF A UNIFIED DESIGN AND PURPOSE WILL QE ACHIEVED. STATEMENT OF PURPOSE AND INTENT: INTERNAL TWO-WAY DRIVE AISLES STANDARDS: COMMERCIAL PARKING AISLES: MINIMUM 22' RESIDENTIAL PARKING AISLES: MINIMUM 15' THE PROJECT INTENT IS TO REZONE THE PROPERTY FROM R-3 AND C-1 TO PMUD-PLf~NNED MIXED USE DEVELOPMENT. THE PERRIN'S ROW DEVELOPMENT IS DESIGNED TO ALLOW THE WTEGRATION OF RESIDENTIAL AND COMMERCIAL USES AND SITE DESIGN, WHICH IS CONSISTENT WITH AND COMPLIMENTARY 0 THE SURROUNDING NEIGHBORHOOD. THE DEVELOPMENT MEETS THE INTENT OF THE COMPREHENSIVE PLAN AND THE 38TH AVENUE STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL. THE PLANNED SIGNS: OFA HEAT RIDGE CERTIFICATIONS _ DEFfNITIONS: R. 67 W_ 6th P.M. n~n~r.i~p~c~ rrp-riri FOR THE PURPOSES OF THIS PLAN, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS RESPEGTIVELY ASCRIBED TO THEM BY THIS SECTION: ARCADE SIGN: ANY SIGN PROJECTING BENEATH AND ATTACHED TO THE UNDERSIDE OF ANY BALCONY, CANOPY, AWNING OR OTHER STRUCTURAL OVERHANG OR PASSAGEWAY. MIXED USE DEVELOPMENT DESIGNATION WITHIN THE PLANNED DEVELOPMENT ZONE DISTRICT WILL ALLOW THE FLEXIBILITY IN USES, DESIGN AND ORIENTATION REQUIRED TO CREATE THE D~~SIRED HISTORIC CHARACTER WNILE MAXIMIZING SPACE AND COMMUNITY INTEREST THROUGHOUT ~tHE AWNING: A MOVEABLE SHELTER SUPPORTED ENTIRELY FROM THE EXTERIOR WALL OF A BUILDING AND/OR A TYPE WHICH MAY BE RETRACTED AGAINST THE FACE OF THE SUPPORTING BUILDING. PLANNING, DEVELOPMENT, USE, OPERATION AND CONTINUED MAINTENANCE OF THE PLANNED DEVELOPMENT. PHASING SCHEDULE: , THE PROPOSED PROJECT MAY BE CONSTRUCTED IN MULTIPLE PHASES. MODEL RESIDENTIAL UNITS WILL BE DEVELOPED AS THE FIRST PHASE. THE DEVELOPER HAS THE OPTIpN OF PHASING CONSTRUCTION WITHIN THE BUILDINGS, LE., SHELL VERSUS TENANT FINfSHES. FREESTANDING SIGN: A SIGN THAT IS PERMANENT ANO SELF-SUPPORTING, BEING NONDEPENDENT ON SUPPORT FROM A BUILDING OR OTHER STRUCTURE, INCLUDING SIGNS PLACED UPON FENCES OR NONSUPPORTING WALLS. ILLUMINATED SIGN: A SIGN THAT IS ILLUMINATED WITH CONSTANT INTENSITIES OF LIGHT OF A LIGHTING: NON-VARYING NATURE. THERE ARE THREE(3) TYPES OF ILLUMINATED LIGHTS AS OUTLINED BELOW 1. EXTERIOR LIGHTIN UNDER ILLUMINATION OF SIGNS. RESIDENCES AND PROJECTING SIGN: A SIGN WHICH IS AFFIXED TO ANY BUILDING, WALL OR STRUCTURE AND WHICH 2• PRIVATE FREESTA EXTENDS BEYOND THE BUILDING WALL MORE THAN FIFTEEN 15 INCHES. A PROJECTING SIGN MUST 3. ALL FfXTURES SH ~ ~ THE HORIZONTAL ZONING. ZONE DISTRICT: PMUD RESIDENTIAL DENSITY: NOT TO EXCEED 16 DWELLING UNITS/ACRE BASER ON ORDINANCE No. 1239, SECTION 26-306.5.G, "IF THE COMMERCIAL AND THE RESIDENTIAL USES ARE MIXED IN THE SAME BUILDING, THE LAND ATTRIBUTABLE TO THE COMMERCIAL USES SHALL BE CONSIDERED TO BE ONE-HALF (1/2) OF THE BUILDING FOOTPRINT." NET AREA FOR PERRIN'S ROW SUBDIVISION DENSITY CALCULATION IS ~ THE GROSS SITE AREA MINUS ONE-HALF (1/2) OF THE MIXED USE BUILDING FOOTPRWT. MAINTAIN A 96" CLEARANCE FROM GRADE IF LOCATED OVER A PUBLIC WALKWAY OR AREA. 4. METAL HALIDE, HI SIGN: ANY OBJECT OR DEVICE OR PART THEREOF SITUATED OUTDOORS, VIEWED BY THE GENERAL PERMITTED IN TH PUBLIC, AND WHICH OBJECT OR DEVICE OR THE EFFECT PRODUCED THEREBY IS USED 1"0 ADVERTISE, ~gNDSCAPE OPE ANNOUNCE, IDENTIFY, DECLARE, DEMONSTRATE, DISPLAY, INSTRUCT, DIRECT OR ATTRACT ATTENTION BY MEANS INCLUDING, BUT NOT LIMITED T0, WORDS, LETTERS, FIGURES, DESIGNS, FIXTURES, COLORS, PER CODE SECTION MOTION, ILLUMINATION, SOUND OR PROJECTING IMAGES. REQUIRED LANDSCAP SIGN STRUCTURE: ANY SUPPORTS, UPRIGHTS, BRACES OR FRAMEWORK OF A SIGN WHICH DOES NOT (1 TREE PLUS 5 'r PERMITTED USES: THE FOLLOWING USES HEREINAFTER LISTED SHALL BE PERMITTED ONLY AS PECIFICALLY DESIGNATED ~ INCLUDE ANY PORTION OF THE SIGN MESSAGE. nni Two eppRnv~n Fltvol nF\/FI nPMFNT PI AN• PUBLIC SIDEWALKS V cl l~C'A('~C ~o~~ r.~ Clf'~I• TUC Tl1TA1 np~n ~n~ri nccn czv -rug CI-i(1RTFCT ~ ini~ TI-J~T Beni RF IlR6WN ~ .7Vilf/~VL /11\L!'~ V~ ..7iv~v. ivinL ~~"r~ ~.i~v~v.+~v v~ i.~. .~~Tfi HVGIVUt: 1' AROUND THE ENTIRE SIGNS, INCLUDING ANY ARCHITECTURAL EMBELLISHMENT OR BACKGROUND MATERIAL DEPEW STREET: .1 t: t'tl'C l.i I T Hrrn~vty ,~tSifl HVt J 1 Ktt I JI:Hi-'t F'ILU I t'KU.ltl; i 1. 'RESIDENTIAL USES LIMITED TOvTOWNHOUSES, CONDOMINIUMS, SECOND STORY RESIDENC.'ES AND TYPICAL ACCESSORY USES ALLOWED PURSUANT TO SECTION 26-204 "ACCESSORY USES FOR RESIDENTIAL DISTRICT" OF THE WHEATRIDGE CODE OF LAWS. * ~ OR COLOR FORMING AN INTEGRAL PART OF THE DISPLAY AND USED TO DIFFERENTIATE THE SIGN FROM EET: 1 TREE/30 LINEAL FEET ITS SURROUNDINGS. SIGN SUPPORT STRUCTURES WHICH DO NOT BEAR ADVERTISING MATER{AL SHALL BE pARKiNG I.OT: ALL EXCLUDED IN COMPUTATION OF SIGN AREA. SIGNS WITHOUT BACKING (I.E., FREESTANDING, PROJECTING, ~ INTERIOR LANDS A-FRAME OR PEDESTAL SIGNS) ARE ALLOWED THE MAXIMUM SQUARE FOOTAGE FOR EACH SIDE FOR ~ ~ ALL COMMERCIAL PARKING AREAS IN EXCESS OF THIRTY (30) SPACES SHALL HAVE AT L ~ AST ONE ~p,RR"Y' L PARKER P.L.S. NO .fib N~ 1 2. ALL PERMITTED USES AND ACCESSORY USES IN THE RESTRICTED COMMERCIAL DISTRIC~ (R-C), EXCEPT THE RESTRICTION OF 5000 SQUARE FEET OF RETAIL SPACE ALLOWED IN A SIhdGLE BUILDING DOES NOT APPLY: REFER TO SECTION 26-204* "TABLE OF USES - CC?°~1MERCfAL AN[~ INDUSTRIAL DISTRICTS" IN REFERENCE TO THE RESTRICTED - COMMERCIAL ZONE DIS-iRICT REGU~r: ~~ONS, EXCEPT THE RE~TRiCTION OF 5000 SQUARE FEET OF RETAIL SPAGE ALLOWED W A SINGLE t3UiLDING DOES NOT APPLY. ALL USES WILL ADHERE TO THE DEVELOPMENT STANDARDS OF THIS PDF. 3. ADDITIONAL PERMITTED USES: A. APPLIANCE STORES AND INCIDENTAL SERVICE AND REPAIR LANDSCAPED ISLAND PER THIRTY (30) SPACES. EACH SUCH LANDSCAPED ISLAND SHALL ~~CCUPY DOUBLE-FACED SIGNS. THE EQUIVALENT OF LANDSCAPED WfTH A NT OF ONE (1) PARKING SPACE (MINIMUM) AND EACH SUCH REQUIRED ISLAND SNALL BE A/ITf~ A MINIAAi IM (l~ l7NF (11 TWfI-INC'N C:A1 IPFR TR~F llR I ARf:FR ANfI FCIi IR (dl Ct-IRI IRti r1R WALL SIGN: A SIGN CONSTRUCTED OF [CURABLE MATERIALS OR PAINTED AND WHICH IS PERMANENTLY ACCEPTED GROUND AFFIXED TO AN EXTERIOR SURFACE OF ANY BUILDfNG, WALL OR STRUCTURE AND WHICH DOES NOT AGGREGATE LANDSC EXTEND MORE THAN FI~fEEN (15) INCHES BEYOND THE BUILDING WALL, EXCEPT THAT SIGNAGE PLACED UPON MARQUEES, CANOPIES OR AWNINGS SHALL BE CONSIDERED AS WALL SIGNS. REFER TO "CITY OF MATERIAL, MINIMUM TYPES ALLOWED: AMENDED IN THIS P FREESTANDING (POLE AND MONUMENT), WALL, ARCADE, PROJECTING SIGNS. ~ ~ ~ B. HOME IMPROVEMENT STORE DAB ~ F C. LEATHER GOODS AN€7 LUGGAGE STORES D. LINEN SUPPLY STORES 4 ARC H ITECTU R ILLUMINATION OF SIGNS: ARCHITECTURAL DES DIRECT: LIGHTING BY MEANS OF AN UNSHIELDED LIGHT SOURCE WHICH IS EFFECTIVELY VISIBLE AS A INCORPORATING THE /l1 iAI !!~I'1 AA1 A TAI'll r TrRl1A l1~ TA All"1I\!1111 tA~ IA1 ~111A E. LIQUOR SALES AS ANCILLARY TO A RESTAURANT USE F. TAILOR, DRESSMAKING OR CLOTHING ALTERATION SHOPS G. AUTOMOTIVE PARTS AND 5UPPLIES SALES H. LARGE AND SMALL DAY CARE CENTERS PART OF THE SIGN. NEON LIGHTING IS CONSIDERED DIRECT LIGHTING AND IS PERMITTED. I. LARGE AND SMALL PRESCHOOLS ~ INDIRECT: LIGHTING WHICH ILLUMINATES THE FRONT OF A SIGN OR THE ENTIRE BUILDING FACADE UPON * ENHANCE PEDEST WHICH THE SIGN IS DISPLAYED, 7HE SOURCE OF THE LIGHT BEING SHIELDED FROM PUBLIC VIEW AND ORDER TO CREATE FROM SURRQUNDING PROPERTIES. INDIRECT ILLUMINATION DOES NOT INCLUDE LIGHTING WHICH IS * PROVIDE MIXED-U PRIMARILY USED FOR PURPOSES OTHER THAN SIGN ILLUMINATION, SUCH AS PARKING LOT LIGHTS. DEVELOPMENT PATTE * PROVIDE CONVENI INTERNAL: LIGHTING BY MEANS OF A LIGHT SOURCE WHICH IS WITHIN A SIGN HAVING A TRANSLUCENT PEDESTRIAN-FRIEND BACKGROUND AND WHICH SILHOUETTES OPAQUE LETTERS OR DESIGNS, OR LIGHTING WITHIN OR BEHIND * PROVIDE PARKING J. DRUG STORE K. FURNITURE STORE L. LIQUOR STORE ~~4J ~~Y ~ IV1~ M. PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES ~ N. TAVERNS, NIGHT CLUBS, LOUNGES, PRIVATE CLUBS AND BARS 0. UPHOLSTERY SHOP 4. COMMERCIAL USES ARE NOT RESTRICTED TO THE FIRST FLOOR LETTERS OR DESIGNS WHICH ARE THEMSELVES MADE OF TRANSLUCENT OR OPAQUE MATERIAL. IMPACTS OF PARKED PLACEMENT, LANDSC PROJECT IDENTIFICATION SIGNAGE: PROVIDE VISUAL il RESIDENTIAL ShGNAGE: BULK, HEIGHT, ENTR TYPE: MONUMENT * INCORPORATE SIG ALLOWANCE: 2 CHARACTER AND SC SIZE: 32 SF/FACE * ACHIEVE INTERREL HEIGHT: 6~ MAXIMUM USE OF COMPLIMEN SETBACK: 5' FROM W. 38th AVE. ROW; 1' FROM DEPEW ST. ROW; 1' FROM NON-STREET * COMPLETELY SCRE * ALL CODE REFERENCES PERTAIN TO THE WHEAT RIDGE CODE OF LAWS EFFECTIVE THE DATE OF APPROVAL OF THIS PDP LOT AND BUILDING STANDARDS: V f ~ Io 1. MINIMUM LOT SIZE: NO MINIMUM 2. MINIMUM STRUCTURAL SETBACKS AS MEASURED FROM THE PERIPHERAL BOUNDARIES OF THIS PD ZONE DISTRICT: A. WEST 38TH AVENUE: 10' PROPERTY LINES. PROPERTY LINE. B. DEPEW STREET: 10' * USE ATTRACTIVE A COMMERCIAL SIGNAGE: STUCCO, EIFS SYSTE C. WEST PROPERTY LINE: 5' D. SOUTH PROPERTY LINE: 5' z•~ 1. FREESTANDING SIMILAR DURABLE M TYPE: POLE OR MONUMENT * THE PREDOMINANT ~ ~ A CORNICE, CANOPY, AWNING, SAVE, FIREPLACE, WINDOW WELL, WING WALL OR SIMILAR ARCHITECTURAL ALLOWANCE: 1 COLORS AND LIGHTI SIZE: 100 5F/FACE * DEFINITION BETWE HEIGHT: 15' SUCH AS PLAZAS Af SETBACK: 5' FROM W. 38th AVE. ROW; 1' FROM DEPEW ST. ROW; 1' FROM NON-STREET S ~ ~ b~~, ~ ee FEATURE MAY EXTEND 2 ~'EEf INTO A REQUIREQ SETBACK. i_ ~ THE PROJECT OBJECTIVE IS TO LOCATE BUILDINGS CLOSER TO THE STREET IN ORDER TQ PRESENT AN ~NDSCAPED AREA DEVELOPED IN LARGER ISLANDS OR AS INTERIOR DIVIDER STRIPS. HISTORIC, URBAN CHARACTER WITH EMPHASIS ON PEDESTRIAN, SHOPPER AND RESIDENT AMENITIES N RATHER THAN PARKING LOTS AND AUTOMOBILES. PROPERTY LINES, LEGAL DESCRI 3. MINIMUM LANDSCAPING: 15~ 2. WALL, ARCADE OR PROJECTING: A RESUBDIVISION OF TY OF WHEAT RIDGE STREEfSCAPE AND ARCHITECTURAL DESIGN MANUAL" FOR RECOMMENLEI~ PLANT IMUM PLANTING SIZES AND LANDSCAPING MAINTENANCE REQUIREMENTS, EXCEPT AS OTHER'NISE PLANNING COMMIS PHIS PDP. o-, 4. MAXIMUM LOT COVERAGE: 85% ALLOWANCE: NUMBER OF S{GNS NOT LIMITED, BUT TOTAL SIGN AREAS NOT TO EXCEED THE JEFFERSON, STATE FOLLOWING 5. MAXIMUM BUILDING HEIGHT: APPROVED THIS r FREESTANDING COMMERCIAL: 35' 80 SF/TENANT FACING PUBLIC RIGHTS-OF-WAY A PARCEL OF LAND TURAL STANDARDS: _2` _ COMMERCIAL/RESIDENTIAL: 35' 40 SF/TENANT FACING SOUTH (REAR OF BUILDING) PRINCIPAL MERIDIAN, ,L DESIGN WILL PROVIDE CONTEMPORARY INTERPRETATION OF TRADITIONAL ARCHITECTURE LY 2002, BY THE WHEAT RIDG G THE FOLLOWING DESIGN ELEMENTS: ° RESIDENTIAL: 35' 100 SF TOTAL FACING WEST PARTICULARLY DESC SIZE: NO LIMIT IF WITHIN ALLOWANCE THENCE N89'S9'58" HEIGHT: NOT TO EXCEED 18'-0" FROM FINISHED FLOOR ELEVATION ALONG THE WEST Li SETBACK (ARCADE OR PROJECTING SIGNS): MINIMUM 8' FROM RIGHT-OF-WAY DISTANCE OF 30.00 .-a PARKING STANDARDS: EDESTRIAN ORIENTED ACTIVITY BY PROVIDING CONSISTENT EDGE TO THE STREET AND SIDEV~/ALK IN DEFINITIONS: BEING THE POINT O 3. WINDOW SIGNAGE ALLOWED NOT TO EXCEED 259 OF WINDOW AREA. NORTH LINE OF SAI 4. REAL ESTATE SIGNS ALLOWED AT 50 SF PER SIDE, ONE PER STREET FRONTAGE FOR BOTH THE RIGHT WHOSE COMMERCIAL AND RESIDENTIAL PROJECTS OF 89'42'32", A RA 5. CONSTRUCTION SIGNS ALLOWED NOT TO EXCEED 32 SF AND 8 FEET IN HEIGHT WESTERLY R.O.W. Lif GENERAL DEVELOPMENT REQUIREMENTS: PARALLEL WITH AND ;~~IF PFDFSTBIA~1 SCAT E~1~In AC~CFSS TD__RI.ISINFSSE~~NR_ RFSIRFNCEC GFA (GROSS FLOOR AREA): GROSS FLOOR AREA SHALL MEAN THE GROSS INTERIOR FLOOR AREA OF zT THE ENTIRE BUILDING OR PORTION OF BUILDING DEVOTED TO A SPECIFIC USE OR USES, LESS THE AREAS FOR MECHANICAL/UTILITY ROOMS, RESTROOMS, ELEVATORS, STAIRWELLS, SHOW WINDOWS, XFD-l1SF 17FVFI nPMFNT AI (~N(~ .~iRTH AVFNIIF f;nRRII7nR Tn PRnVII7F A MI~RF PFt1F~TRIAN-FRIFNtItY r...e.r,.,~~. p HALLWAYS, COMMON AREAS, KITCHEN AREAS. m o PARKING REQUIREMENTSa OF THE NE 1 /4 OF COMMERCIAL: w - - - FENCES AND RETAINING WALLS: 23o FEET SOUTHERL cr SECOND FLOOR OFFICE/STUDIO USES: 1 SPACE PtK SUU 5r Gra a A5 ALLVWtU IN C:VUt Jtl.l IVIV Lb-.)U kI) t1Cl:tt' I f'tlVl:t Jt i tSHI;K U VIV IN I tK1UK h'KVt'tK i T UIVtJ. A POINT LYING ON V ON WEST LINE OF THE E 1/2 OF THE NE 1 /4 OF THE NW 1 /4 OF THE NE 1 /4 OF SAID JEFFERSON COUNTY CLERK !LERK AND RECORDER . m FIRST FLOOR RETAIL USES: 1 SPACE PER 200 SF GFA SECTION 25; THENCE r u': OFF-STREET LOADING: AS NEEDED BY BUSINESS OWNER. LOADING SHALL NOT OCCUR FROM ANY PUBLIC STREET. a SIGHT DISTANCE TRIANGLE REQUIREMENT: BEGINNING; NO OBSTRUCTIONS TO VIEWS BETWEEN FORTY-TWO (42) INCHES AND EIGHTY-FOUR (84) INCHES IN VERTICAL HEIGHT (EXCEPT FOR PERMITTED LANDSCAPING, SIGNS, PUBLIC UTILITIES, (INCLUDING FIRE PARCEL CONTAINS (E HYDRANTS AND OTHER UTILITY APPURTENANCES), AND APPROVED DECORATIVE, OPEN STYLE FENCES NOT m RESIDENTIAL: COMMERCIAL PARKING SPACES IN EXCESS OF THE REQUIRED MINIMUM CAN BE ° RESERVED FOR RESIDENTIAL USE PER RECORDED COVENANTS I IN EXCESS OF 6' IN HEIGHT) SHALL BE PERMITTED WITHIN THE FOLLOWING TRIANGULAR AREAS: RESIDENCE PARKING: 2 SPACES PER UNIT 15' AT DRIVEWAYS/STREET ROW AS MEASURED ALONG FLOWLINE RESIDENTIAL VISITORS: 10% OF REQUIRED RESIDENTIAL PARKING SPACES 30' AT INTERSECTION OF 38TH AVE. AND DEPEW AS MEASURED ALONG FLOWLINE POLE SIGNS CAN BE LOCATED WITHIN THE SIGHT TRIANGLES IF THE SIGN CABINET DOES NOT IMPEDE CD HANDICAP: PER CODE SECTION 26-501.D.9 THE VIEW AREA BETWEEN 42" AND 84". S E 1 F 2 H PERRIN'S ROW SUBDIVISION PLANNED MIXED USE DEVELOPM PRELIMINARY DEVELOPMENT PL AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF PART OF THE NE 1/4 OF SECTION 25, T. 3 S, R 6 CITY OF WHEAT RIDGE, JEFFERSON COUNTY, EXISTING USE: w - w w ZONED: R-3 z t_. ~ ~ 993.06 -4 7 1- O O O N ° - - - o~ o ~ ! Z- - 7' x 25' STORM SEWER EASEMENT BY SEPARATE p DOCUMENT ~ ~ 0 1Q 20 ( ( ~Q -`'--4,2 SCALE: 1 "=20' ~ 6',~SCO EASEMENT I BOOK 691, PAGE 136 i SEPT 27, 1950 - _ ~ 6 \ y, I . ~ ~ ~ ~ s O - ~m~m V r gf s' r ~ r i r i W r~ ..n+ .rr .r.~ .~.y r 3.~ ~ ~ 1 vs L ~ C~ ~ Q r C~ ~ ° ~ ~ \ 'ar/' C h A Ys6r tl ~+w M1 ~ ..r..-.~... w ~Y`~` 4.i.a.0 0 Y A J4.vm. ■ t 0 4 (.L9 ~ 1 1 LlA F l 1 ~ C~ ~ W ~ - r \ t \ ...r ~ ~ ~ ~ , r ~ i ~ ~ 1 y S t r t i i ~ ~ l ~ ~ r 1 4 1 s~ 1 ~ ~ / -415-- I ~ ~ / / ~ 4 r / i -~.______416~-----__. ~ / / / ~ i ~ r ~ / -__....__.__417---_~-__ fsl ! ~ tD c~ ~ ~ ~ - - ~ C1.1 C~ Q Cl,l Q I ;J _ F CU . s 0 c'~7 . C.~ N t--~ U,.S C~ IP CL CJ3 C C C CC3 n ,r- d N C3 0) (0 r-t ifs C3 SHEET 2 OF 2 C Q i i _ nmm OWNER/APPLICANT BALMAR MANAGEMENT GROUP, LLC c/o RICHARD ONESLAGER, JR 5271 S. YAMF'A ST. CENTENNIAL, CO 80015 (303) 680-8620 PREPARED BY GALLQWAY, ROMERO & ASSOCIATES 5350 DTC PARKWAY GREENWOOD VILLAGE, CO 80111 (303) 770-8884 DATE OF PREPARATION PERRIN'S RAW SUBDIVISION INITIAL SUBMITTAL: APRIL 15, 2002 REVISED: JUNE 7, 2002 PLANNED MIXED USE DEVELOPM FINAL DEVELOPMENT PLNN V t--_- AN OFFICIAL DEVELOPMENT PLAN IN THE CITY O PART OF YHE NE 1/4 OF SECTION 25, T. 3 S, R CITY O~ WHEAT RIDGE. JEFFERSON COUNTY, N LEGAL DESCRIPTION A RESUBDIVISION OF LOT 1, BLOCK 1, BRLMAR CONSOLIDATION PLAT, CITY OF WHE JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY AS FOLLOWS: _ j- A PARCEL OF LAND SITUATED 1N THE NE 1 /4 OF SECTION 25, TOWNSHIP 3 SOUTH, THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF WHEAT RIDGE, COUNTY OF JEF~ERSO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER 0 SECTION 25; THENCE N89'59'S8"E ALONG THE NORTH LINE OF SAID NE 1 /4 A DIS THENCE S00' 17'55"E ALONG THE WEST LINE OF THEE 1 /2 OF THE NE 1 /4 OF T 1 /4 OF SAID SECTION 25 A DISTANCE OF 30.00 FEET TO A POINT LYING ON THE OF WEST 38TH AVENUE, SAID POINT BEING THE PC71NT OF BEGINNING; THENCE N89' SOUTHERLY R.O.W. LINE PARALLEL WITH THE NORTH LINE OF SAID NE 1 /4 A DISTA A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS W. 44th AVE. W. 43rd AVE. W. 41st AVE. OF 21.16 FEET, SAID CURVE HAVING A CENTRAL AhJGLE OF 89'42'32", A RADIUS O LENGTH OF 23.49 FEET TO A POINT OF TANGENT LYING ON THE WESTERLY R.O.W. THENCE S00'17'30"E ALONG SAID WESTERLY R.O.W. LINE BEING PARALLEL WITH AND i_ d A 1_ - h, 1 . u W. 38th AVE. OF THE EAST LINE OF THEE 1 /2 OF THE NE 1 /4 OF THE NW 1 /4 OF THE NE 1 A DISTANCE OF 185.0$ FEET; THENCE S89'S9'S8"W PARALLEL WITH AND 230 FEET NORTH LINE OF THE NE 1 /4 OF SAID SECTION 25 A DISTANCE QF 305.99 FEET T WEST LINE OF THEE 1 /2 OF THE NE 1 /4 OF THE NW 1 /4 OF THE NE 1 /4 OF THENCE N00'17'55"W ALONG SAID WEST LINE A DISTANCE OF 200.00 FEET TO THE S' SITE 0 , PARCEL CONTAINS (61,153 SQUARE FEET) 1.4039 ACRES, MORE ~?R LESS. GROSS PROJECT AREA: 6 ~ 61,153 5. F. 1.404 ACRES SHOWS SAID SURVEY. GROUND COVERAGE: STRUCTURES: AREA ~ OF LOT COVERAGE NOTES BARRY L PARKER P.L.S. N0. 13897 DATE 1. PRIVATE FREESTANDING LIGHTING STANDARDS CANNOT RETAIL/CONDOMINIUMS ROW HOUSING TOTAL ~ LANDSCAPING: 7,800 S.F. 12.7 6,892 S.F. 11.3 EXCEED 18' IN HEIGHT 14,692 S.F. 24.0 2. EXTERIOR LIGHTING SHALL BE ARRANGED TO DEFLECT THE DIRECT LIGHT GLARE AWAY ANY ADJOINING RESIDENCES LIVING ONSITE AND ADJACENT STREETS. PLANTINGS NON-LIVING ONSITE 9,694 S.F. 15.9% 3. MAINTENANCE OF ALL PAVED AREAS, CURB, GUTTER AND PLANNING COMMISS~~~ ~E~TIFICA 495 S.F. 0.8% APPROVED THIS DAY OF -~~T i SIDEWALKS IS THE SOLE RESPONSIBIU~TY OF THE PERRIN'S DETACHED SIDEWALK ALONG DEPEW ST. ROW HOMEOWNERS ASSOCIATION. WITHIN PROPERTY LINE* DETACHED SIDtWALK ALONG W. 38th AVE 2002, BY THE WHEAT RIDGE PLANNING COMMISSIO WITHIN PROPERTY LINE* 1357 S.F. 2.2~ a _ ~ SUBTOTAL 1 LIVING OFFSITE 11,546 S.F. 18.9 DEPEW ST. RIUHT-OF-WAY 514 S.F. NA CHAIRMAN PLANNING 705 S. F. NA W. 38th AVE. RIGHT-OF-WAY SUBTOTAL GiF~EGTOR 1,229 S.F. . TOTAL LANDSCAPt~iG 1 PARKING & DRIVING ~~ISLES: 3 OTHER: 12,775 S. F. CITY COUNCIL CERTIFICATION 33,225 S.F. 54.3 ,~^,PPROVED THIS DAY OF ~ ~ ~ 2002, BY THE WHEAT RIDGE CITY COUNCIL. f (SIDEWALKS, TRA>H ENCLOSURES, SHEET INDEX WINDOW WELLS MISC) TOTAL 6 REQUIRED PARKING: 1,690 S.F. 2.8 1 DESCRIPTION SHEEP NUMBER ~1`~ _ COVER SHEET/SITE DATA/CERTIFICATIONS 1 RESIDENTIAL 12 ROW HOUSES SITE PLAN 2 8 CONDOMINIUM UNITS SUBTOTAL LOT LINE & EASEMENT PLAN 3 VISITOR PARKING (10~ OF SUBTOTAL) TOTAL UTILITY PLAN 4 COMMERCIAL/RETAIL F LANDSCAPE PLAN 5 7800 SF AT 1 SPACE PER 200 SF i~ 24 SPACES CITY CLERK MAYOR PROJECT ISOMETRIC 6 TOTAL PARKING REQUIRED 16 SPACES ~h 40 SPACES a 0 4 SPACES ~ U ROW HOUSE FLOOR PLANS 7 PROVIDED PARKING: 44 SPACES t RESIDENTIAL GARAGE RETAIL/LOFT FLOOR PLAN 8 DRIVEWAY I ROW HOUSE ELEVATIONS ~ COVERED PARKING 39 SPACES ~ ~ 1~ n:: VISITOR l s REfA~L/L.OFf & MISCELLANEOUS ELEVATIONS 10 TOTAL PROVIDED 83 SPACES u}~~( L_ }may COMMERCIAL t. 3 REGULAR/COMPACT HANDICAP 12 SPACES COUNTY CLERK AND RECORDERS TOTAL 12 SPACES U Q 16 SPACES THIS DOCUMENT ACCEPTED FOR FILING IN THE O 4 SPACES m TOTAL PARKING PROVIDED 0 N * PRFI IAAINARY DEVELOPMENT PLAN ALLOWS PUBLIC DET 44 SPACES CLERK AND RECORDER OF JEFFERSON COUNTY A H AS LANDSCAPING J LLJ JEFFERSON COUNTY CLERK AND RECORDER 0. m MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNIT DEMAND, ALL OR A PORTION OF THIS SPACE MAY BE A ~ 1TC Al i11W Un RASF~ nN- ~dARKFT C C C ro a ~ GaIl m Galloway, Romero do Associates kY BE USED COMMERCIALLY BY: DEPUTY 0 r~ 13 Deai ~ • 9171 East Arapahoe Road Design Engineering Planning Englewood, Colorado 80112 535 r, Balmar (303) 649-9560 Gree L' 5350 DTC Parkway Greenwood Village, Colorado 80111 Tel. (303) 770-8684 , Fax. CD Management Group (303) 649-1283 Fax TBS. c Fax. (303) 770-3636 0 z J ~ ~ 1 I - - - - - - - - - - - - - - - - - - - - 993.06' NORTH LINE OF THE 8 i s 6 17 i t O ~ II ~ I z'f 5.75' - 1 • 1 38 38 13 O io s I'~ ~I ~ t~ ~'1 I~ 1 .95' 24 g 15 18 R1 ° DETENTION POND 31 100 YEAR WATER SURFACE, NP. 26 r j' 3' S' a N89'S9'S8"E _ 2647.93' _ BASIS OF BEARINGS) _ ~ 28 0 OF THE NE 1 /4 OF SECTION 25, T.3S., R.69W., OF THE 6TH P.M. ~ - - 30 West 38th Avenue SCHEDULE 1 (so' R.o.w.> ~ S ~1 3446 SF, 3 STORY MASONRY BUILDING, 6 ROW H R 17' 30' 8' 7$00 SF, 2 STORY MIXED USE MASONRY BUILDING L i i' \ ~ ~ ~ ~~,L. J V ~.J U J l.i t a `ti./ 18 W _ - I ~ 1 CAR WINDOW L,,,f 21 STAIRS TYP. o ~ n O I 21 i cv ELEVATOR 5.75 z 0 O / ~ 26 ~ ~ N y r,,,~ . i w:- 3 OPTIONAL RAISEQ PLANTER TYP. 5 c~ . w ii s--- a - - _ - _ r -a-= _ 15 M .t N Z 4 ~~H' i 26 r NP ~I 15 L f 00 26 ri R24 _ t i E_ _ 24 R38 7.5' R 16 NP i 10.25' 1 _ , s 1' a a. Mt, a r a 28 N t 16.67' t e~~ ~ ~r F I V1 V2 V3 V4 C8-2 CS-1 C7-2 C7-1 • C6-2 C6-1 C5- 8.5' t.. s Y: f A ~ I N Typ c° i tY . u a 26 is m f 1 i ■ `*ti H Y - c~ 9 `rte ~i J ~~i t. 5 •o t z 1 u-~ c~ } cu 0 a cu s v co c~ r NOTE: SEE 0 E_ r~ J AND EASEMEN ,L as 1~ ` n-+: a y L 14 Q1 Q Y Q ~-~f m a N s I W v 'IV VV VISITOR USEAGE. '''°"1°' "%J" ` %J%Jv Tel, (303) 770-~8884 649-1283 Fax Fax. (303) 770-3636 Mana ent Group 303 649-12 r° CM C C C CL P ERR IN S ROW SITE PLAN C~ N C_ CD 0) T) W. 38th AVE. & DEPEW ST. PEW ST, WHEAT RIDGE, COLORADO r U) CU Designed By: LLP _ti~ I Q Drown By: RDG Checked By: ALP .w'"^nnrrw-+~«'.+rwv~r.«..+w..en...nn.«.....nn~,~..wrr.....e..~,.....e-,..~r...n~,....~......w.. `may 1'1,l i'✓fr 1 .,..rrn~...w.~.n.r..rn~+w«+n-.+w~~.s.+.rvvr+n.w~..+-+.~.r+w~.w.....~.~"~+,++rv..~4++..w.......env...r~...wnn«......rr~++w..n/~ t /s~~ r ,x ~ti c ~ ~ .'r, ~..w..V..~. _..~,._,.._...~r....-.,.__......-...._....,,~..,......,.,,.~«.....w.,~.,..~..........,~.~.~..wr..wM~......,~....--~.........»....~......w...w.-~+v,...,,.. ~.~Mw._.w,M__.~.~w............~...«....~w»r_, ~4 ._.~...,..,+,~.~-»~.m„~...~._.n._.,..~._-»..w......-~.,._.....»..,w..m..~, ....~Mw....~w.+.....+~w.w.. , ..y s r .J ~ ~d ~ ~a w..,_._ ...._..._......w,,.....~........~, w_.,., .n......_......~,._.,..,.~,.. i. i 5,J waJ 99~,Ofi NORTH LINE OF THE SIDEWALK & UTILITY EASEMENT RECEPTION No. ~ 1029075 ~ APRIL ~ 1991 ~ 4 i{ ' ~ . _ ~ ..y_ ..~..w~.....,.~... .w~.,~.,,...._.y,,..,,,~.,..~..~~..a..~„_.,.,..._.....,.~.~,..w,..~._ _.v.. , ~.,........V.w_.w..~~ _ ~ ~....r..k._._........ .~..~.w.,..w......Y~.~,- ~ ~..~~....._..~..~..r~.,. ~ ~ .~..~...,._....M.~,,,~ " ~ ~ t ~ ~ ~ ~ # 4{ 1' ~..~..Y t 'iGA1Fff..~Mr^~ rM....,w►~- wwrww.,.,, ww~,...~ l 2 ~ ~ {o~, ~ ~ x ~ sTaRM S WER s ~ ~ ~ 7,.,..w.......~...v,._...w+...~........, t Y ~ l EASEMENT ~Y SEPARATE ~ ~ I i ®oCUMENT , t ~ ~ ~ p ~ ~ ~ _ ~ ~ ~ € ~ ~ ~ ~ ~ ~ 1 1' ( ~ t r ,~~~~r f ~ ( ~ 1 ~ 'i f ~ ,1 ~ ? ' s f 1 t 1 ~ , f~ ~ ~ 1 fi PSCO EASEMENT i ~ ~ f ._~_~.~.._.~....,M......_~~,~~..~,.. ~ ~ BOOK fi91 PAGE 13fi r ~(9 ► ~ ~a ~ ~ ~ ~ SEPT 27 1950 I ~ E i ~ ~ ~ I ;.~.,.~.n~..,....~.....~...,,.~..~. a f°i ~ , ~ i ~ ( ~ ~ 1 ,I a , ~ l ~ ~ 4 E~ ~ ►F f ~ I I. ~ ~ ~ ~ ' ~ ( ~ ~ ~ ~ n- ~ ~E z ~ ~ s ~ ~ ~ 31~ ~Ei + M._ ~ ~ 4 ~ t ~ ~ t ~ 1 s ~ i r 1 ~ ~ 3 ~ E ~ ~ 3 ~ ..yw, .,.~..w ~ , = 14 * ~ f "r,~ 1 m ~ t 1 ~w I ~S ~ ~ , ~ r ~ ~ ~ ~ f s~ , ~w, ~ w p t 1 i per, k ki s~^+,~, ~ , ~,ti ~ 7~ r _ i e ~ ~ d p ~ i S s ~ i ~ 1 ~ ~ ~ ~ ~ ~.,i 0 .,rte, N ~ ~ ~ ~ : ~g~ r-r ,......~,....w-..-~..._.~,.. ~ ~ w,_ r ~ ~ ~ ~ 1 ~ a ^d~• "fit I ) `r I. I ~ i ~ ~ ~ I - t :F i ~ ~ > f ~ { 4 I k d t:. - - a+ d 3+wu„N..r f q ~ .........,.r+++" 1 ~ A} ~ ~I i 1 t ~ pETENTION POND EASEME~~~T A i E ~ a i WITH PERRIN S ROW SiJ® VISION ~ ~ ! z ~ i~ ~ ;~,u b ~ ~ S E i Y j ~ ~ ~ R _l~- ; ~ ~ { 1 i i~ i _-~w.~....~._~ ~ ~ ~ ~ ~ f ~ : ~ ~ : ~ j ~ ~ ~ ~ ~ ~ f r ~ 1 y a i t ~ ~IE f ~ ! ! ! a ~ ~ t ` ~ ~ ~ r ~ } ` i r~ ~ 1 ~ .~,..,~n.._.. ~ z, r ~ I ~ ~ ~w I =J ~ w._~ ` ~ ,~l ~S~ ~ { _ _ ~ ~ I 1 I ,_..~,._._.w,_.~ ~l ,~f } ~ ~ E j- i } r z t 1 ~ j I < < ~ ~ i 1 r. f ~ aR ' ~ ! ~ ~ ~ ~ ~ ~ ~ t., ~ i ~ ' ~ 1 q s M~~ ~ i ti ~ i ~ f~ ~ ~ ~ 3 ~ r~ c 1 ~ { j ~ ~3 A ww..._.., } r 1 ~9 ~ ~ r,4 i ~ _w~~ ~k ~ u..„..... .....__..,...,,..5 .WS ~x* 5. 1 E~ ~ ! ~ ! i ^~B ~ ? 1 ~1 I i ~ ' a ~ ~ ~ C i JJ i ~ ! ~''r r 5 3 ~ Y f~ E J # ~ i F s i 1 E E S ~ E ~ ~ ~ 4 f ~ ~ i p k ! ~ Y } ~ ~ ~ k ; r 7 1 !i ~ ~ ~ I ~ ~ !0 ! t f ~ ~ ~ ~ J r ~ f t I ~ P t I Y1 ro....,.~....,..r..~.....,.~~....._~... w~~..~ i 1 S 1 L~ 'n i ~,1 J i f I s x Lu Y s i i r^'-! ° ~ Q.) ~~x Q 'c-^f !d. r``~ t f L-1- C1 Mana ent Group (303) 649-1 SOT L 649---1283 Fax G~. , • °'-"u'w-r Fox. (303) 770-3636 CM C C M r---l 0- PERRIN'S ROW CD N DT LINE & EASEMENT PLAN C CD CP (D W. 38th AVE. & DEPEW Sl r-I W (1) Designed By: LLP C CD Drawn By: RDG 3 Checked By: LLP r~~ ,.i - - - - - - - - - - - - - - - -12"YV- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -4°G- - - - - - - - - - - - - - - - 1 r tJ -993.06'------`-----'- ~~5---`- ------NORTH UNEOFTHE --v----60"STS---- - - - - - - - _ 12 ~ 5 16 t° 6 14 ~I . 1 - -r II ~ ~ - 12"W - 12"W - - - -4°G- - - - - - -I- - - - - - - - - - - -4"G- - - - - - - - - - - - - - N89'59'S8"E 2647.93' BASIS OF BEARINGS) _ _ -.,r - o ~ , ~v << F THE NE 1 /4 OF SECTIQN~~._J~S.. B.6~W.~ QF THE 6Tb P.M_- - ~ r~ ~ r ~ r~ ~ i ~ ~ 2z 2 . COMMERCIA N 8 CONDOMINIU 12'~ PVC er t~~ II 10 15" PVC ~SSTR U J ~ V v V w i • W o;i / CSI ~ 83i RCP OUTF~LL 0 SERVICE WITH SUPPLIER - - - ~"RETAILICONDO~IlNiUMS & 3 ~_a ~rNi U 22 ~ \ 19 , . 0 Z f ~ 1 -e~ L~ - r F 1 J 1t. S+ i L_. L 1 1 l 4. 1 ~ j i a j I i A ;t~_ -OHE- - - - - ~ 7 LJ f~ NOTE: ALL PROPOSED iw SHOWN HEREON IS PRIV BY THE CIN OF WHEAT t~ ~ i Fi:. _ d L 1 ~ I 1 t t L~ • 1 +ie r. ~ 1 {i i 1 r n Y- I1 l i I+ 1 y t Management Group (303) 649-12 W. 38th AVE. & DEPEW ST. 349-1283 Fox 4x. l. k%jv%j, . f v--uuu-t (303) 770-3636 W r-F n CD C C PERRIN'S POW C lC} SITE UTILITY PLAN m C C- G-) CT) Designed By: LLP r---t tf) Drawn By: RDG CD C Checked By. LLP f i L r • ~ + # ~ o • C~ - M * ~ r ~ ~ r .i i a ter, f w t~ 1 1 i ! Y , ..w^'"' w ~ i L'. "C es .e'''... ~ , s . Q _ A ~n~ •1T' , ~ ~ rr s t~ ~ ✓ i F - ~ i' i t i ~ ~ i ~~d+ ~k(r i. f kt q ~ i - -x ',s _ f, g sn / ~ f ~ r ~ ~ y O x ~ ~ { f / / t ~ ~ 1 f ' ~'~e° r fi ~s ~ t,~ ~ ~ A ~ ♦i~ a r`~~• _ ~ w~" , /e~ y~ r d > i~ ' r s ~ w i~ ~ s♦ ff b J r ~ v 1~ - e • ~t `a' . a . s,~1,j ~ ° l ~ k% ` ~s ® i ~ ° ° ~ . d • kw,.. ~ ~ e ~ • ~ : s.. -a r~ U o w t y_ea y~ ~ a , . ~ x®a r r` "C ~ ~ 1 ~ i . y ~r 4 ~ . ~ i 'ti ~1 $ , ~ ~ i ~h~~kC~~ - ' d < ~ ~ . i ~`4, t~ ` ~ ~ . ; ~ r. r e m+.a .c. 0 ~aM ! .M a i,R. ' ~ ~ `~^!4 yt t a . , fVk~ ~s _ r ~ ~ ~ a W '~a e. ~ ~ ,~I -r W ~ +S .Y T z~ .I ~ ~ \ ~ ~ cv Q a (r} ~Y _ 1 Q r-,,, s,. . i -r`~ r 1 C°"{ a i t.l R. L +..J 1 c j V ~4. l.__~ ~"--°--f L..A... a a t T~ S.J . - f l.J 3 t'°°'~ ` ~L s o4o ! zoj tax Fox. (303) 170-- LU cc El- isot ISU"METRIC VIEW # C ,r:..::.. ..,....._........®....~~.......,.....,,.s.» .............a....~. IAwAI/IIld9R11~IWgIIMAI~AIMM9111M PERRIN ROW C NO SC/ PROJECT ISOMETRIC Cr} N N - 4 Cap cn CU 4 CD i „y6F ~ » 15'-4" ~ { , r ii i ~ .~'ry ` r ire ~~~i ~~L . . Y 1' .v O O ,mil a o r. a o' Y 1 0 ~ ~1 1~'~'~I'(~~11fY F. M 1 } 1. I i LOWER FLOOR PLAN ~ , . j 1 SCALE: i /8•• - 1• _ 0•• t i t 1 1 '~..,,U 1l..-r' w..~° gGMM tMyYMN ppyrq,~ ~ D4Y1~1 tkyNRV t ~ w R IY f,P. ~ , l~F.' a r~n~ a" i r S c i s~ 1 a~ L. w t w , i ~ ' i ~ i < i 4✓ ~ 5 y + ~ t , € i i r I ~ ~ ~ l j ~ 4 2 MAIN FL00 R PLAN f t f ~ ~ ~ ) ? SCALE: 1 /8 - 1 0 l 3 PERRII ROW HOUSE SQ ~ ~ ~ U ~ R ~ FO O~A~ s INDIVIDUAL UNIT: LOWER LEVEL: GAF~AOE 30~ .F. DEN 270 .F. MAIN LEVEL• 480 .F. 48 . F. rr.~rry UPPER LEVEL• i 5 1 TOTAL OCCUPIED PER UNIT: 120 S.F. 5 i GROSS AREA PER UNIT: 1 ~3 ~.F. TOTAL EACH BUILDING: f 6 UNITS x 1536 S.F. GROSS PER 6 UNITS x 1230 S.F. OCCUPEED P REVISIONS ~ COQ 0 F~ r .e w ;.u_` i x o - ~ t No. Description 0 t~ I . Q ~ UPPER FLOOR PLAN ~1 SCALE: 1 - 1 0 O N 9171 East Ar CTJ • Englewood, C Kalmar (303) 649-9 ..---__.Y__a ~a_---- f~n~l ~aa_~ r-i Q~l i _ ~ - v' + v ♦ is...wrv T 6,i,Jl• ~v4r~J A ! 4d-'"r.JVs.l1i W W FLOW F DECK B LE 0 a PERRIN'S ROW ROW am 0 W. 38th AVE. & DEPEW S Designed By: PJB c f f CD c~ Drawn By: PJB cn C Checked By: PJB 7 c a { !f~ a a ~ 30 --C~ _!1~ ~ a as a as a as a as 7 p ~7 ~a ~ 7 --a ~Q r ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ - - _ w~^^~ L.J wam MtP wtnt tilt tier ~ ~ ar Mr w wwlo aM r tllD Mt► MID o r ~ MI! ~M11 M+ r ~ Mr s +rr 1rtD ~ ~ MN MM IMft Mw rr M• rr ums Mr q i i nNP YN ~s i!N MIIfM MM► r DIY ~ elm 91~ ~I Y► 4 aM Milt NII~ fly 11M ~ ~ fill ill~► X11 ~ wr ~Ois wM MM MMIM 11~ r Mr r rIM MmM MI ~r ~i ~f i~ t ~1 MIP llAi Mi ehl/r MI /ie! !P®!qY fi ~ M1G s Mi 111 a i1~ IM ~1 i M~ ~ MII MM Mr MIy W ~WM MAR ~ f~ i ~ 1~ ~ r J g ~ «~opa wr as sMe r uw a® Mr wla wr awww asw ai Mr r Ml~ i ~r► alp rw ~ln M~ ~ ~r Mr ~wo~ ale s r ~r Mr r w +r Mr asr Mr d MEN ABC J i I - i a . r I ~ t ; i i Y ~ 1 1. i I f d j { ~r..r. ~ _ i WALKWAY _ J ~I~-.- _ o i I I I I I O`+ iC' L~ ~J L~ ~J L~ ~J { 91 i 1..~ t J _ ~ 3 - --°l I UP i i - ---y ._J I I I I I ~ i 1 I I I I I ~ I I ~ 11 I i I ~ I I I I 1 ~ c.. 1 _ + RETAIL FLOOR PLAN SCALE: 1 /8° = 1' - 0'~ NOTE: FINAL FLOOR PLAN TO BE TENANT FINISH. .OOR PLAN ,~-o„ J' ~J PTI 0 NAL BA 3840 S.F. 1 V I_ f N i O O C~J O ClJ O ti CD O f z C des, ~y Drn, ~y C~a~ L F-- i, _ { O~ 3 A OJ L A A REVISIONS I d ~ t. ~ No. Description y_ d ti - - - - l m ~ o N - - - U P o, ~ T managment croup F-•-i -----t----- W w.. _ i. - cr n CU) R _ ~ C C C fCf m C:D W. 38th AVE. & DEPEW S N Designed By: PSH C-0 R P LAN BASEMENT FLu m Drawn By. PSH co r- i f ff • i8 1 SCALE. Checked By: PSH C CD MATERIAL LEGEND . e I~ AP .e ~1 MASONRY WAINSCOAT f ~3 O MASONRY SILL a 3~ BRICK VENEER 4~ PRECAST CONCRETE SILL OR ACCENT TILE x. .x ~5 WALL MOUNT LIGHT FIXTURE ~6 STUCCO ACCENT TRIM /CORNICE 7O WALL MOUNT TENANT 'BLADE' SIGN t O ARCHITECTURAL DENTIL 5 O9 CAP FLASHING, PAINT TO MATCH CQRNICE s-~ E 15 10 STOREFRQNT PANEL ~1~' 4..~. r 11 ARCHITECTURAL STEEL FRAMEWORK 7 tj~ ;tS i', i itc 12 STOREFRONT W/ GLAZING sir r I ~ <tt .~r t,. jii y.r ~ Q Q ~ 13 EXTERIOR METAL STAIRS W/ WROUGHT IRON RAILING A a A f f1 14 PAINTED HORIZONTAL LAP SIDING E , 15 DECORATIVE METAL RAILING 4.. 1 16 OVERHEAD GARAGE DOOR ! fJ 17 EGRESS WINDOW /WINDOW WELL FROM LOWER LEVEL 18 SLIDING PATIO DOOR ..d,... ~ ....m _ 19 STEPS TO FRONT PARCH C ROW HOUSES CONDO/RE(AIL BUI~DtNG ,i { 2d OPTIONAL HALF ROUND TRANSOM WINDOW IYPiCAL - r ~ ~1 ~1 A i 9~ $ 3i u SCALE; 1 ~ p~~g{@ 7{ggj `~~_m 9J~ Iwb 6~. Le ST9 S ~ M i... ~~1.. T ~T~ QN SOUTH SIMILAR 1 m T 1' 1 ~r -4 . w~~;~s..~;',a., Yom,, ,:;`;::c.; ~ ~ ~ i . f~.., , r ; ai ~ ~ ~ ar ( ~~t `rz fi i!' f4( ..a',, y,..r,,.S.. if- l~ 1^i jii ~f ~S ;t C t i ;fi ,t _ M1"""""'~1 _ - n ~ { ~I r _ _ _ _ -i - :.7 ~ 1 i ti r ~ i .'`,i~ ~ ~~t' 'S~~rrtu~tiimV~S{{ „r S. 'u.~ N.. !1 ,thy ~.;in :2"I,~`e..;.s r~.......,.,....,,,~ ...w.y ~~,nw ..,.X .,.y.. 'a ti :t~ ~ , ' 1 sY✓1"f 'J mr .~nw*~i i. til } ( ~ ~(t ~ ~ J2~ 4 : ~ ii ~ yY~ Z i a .'r i a 1 t ~ ~A ~p t"'3 ~.J i ` t <s; ~ t ~ 2i 1 1r 5 ~ 3 ~ 1 , ~ of ~ • ~ a ~ c i7 B i,-~' '{s 1.` + ) ,,,y.o.•~.},,: r, t,~~ atax'~v".~vxa'~ h~~. l,,.e,..r.,Y:~' ~'S 'i iil ~tl N t?i ~ 41 f;! j ;1 1. ~~i ~ ri t fi l.r. J c, ~ ~ i fit 1 ~ :r i /t ~f w y~ t( ~Jrs~s~ fjy ;:1 Vii', 11i ~{9i, C') ~d :ti f~~3 ~ ; I ~)I )i! lii ~ 5 ; r G t' ~1 r A ~Y ) S• d~. i3f ~ ~ ~r sr. f 1 i '1 ;r: y ~ ~ I ~ i~ t, ,ti t( ih :fit ~ i; ~ a~rc+,Rf 3En rtf~~~ t e (x, .,,..f t....., eh w i} 5 , , ~ ~ r ~ ~ L~~J u~;.- f 7S f 9f SCALE: ~ s = ~ - o ~.r= y~.. E•. 1 n ' ~ i ll 1' Q 1.1 ~ L.J `K'-f 6 ~ d 0 U 0 "D C.3 7 r--i t?.Iewn;M~~.~e.~,t jsd-ruv:r.~z~t+' r ~3 i g j,v:~urg~~.~r_o.~~ ~.,tia~~~ntw l ~~p ~ ~ ai ~ a Q "S p fA, yl .15YNb.A~f4f (1uN5L~~aY4$ ~-t 4 jx. .'c 3 ~ ~ ~ti . r ~ ~y, , t ~,.Y//"~ i, fi ~r, ~ >{n, aj i.,....o.V..,.W..,.s ~'3 r'-°i - - J ~ VIP, EMIllMf ~17U.7 o'+y-y00 Man!g!Mt__ Group (303) 649-128 SIDE ELEVATION (NORTH) ROW 4y^yDnu ~ei~~~~o~~ 7~0 ~~~4 .,~.J~ .4w 1283 Fox Fax, (303) 770-3636 MOM, C~j 1 ~ DEPEW ST. - REAR ELEVATION (WE'. (WEST) D PERRIN'S EPEW ST. - SIDE OW HOUSE ELEVATIONS SCALE: 1/8° = 1' - 0" SCALE: 1/8 ! " =,if - off W. 38th AVE. & DEPEW ST. Designed By: PJB Dro wn By: PJB Checked By: PJB t I, i ■ 1 r o ! Y1 s '.a ,;1,. 1+7.^, e~','+rt},.; w. ~.wya' i+.4 4-ww». i, ~ r ~ s. ` , `r 'i + ^ a _2 ()y,.M ~ R ~ ~ 10,. 13 ~ • 11~ ~',4 ~ 1 +.c ::.ay i.y S.S'j H .t1 ;h' y . ~J ~ F slr N 7y Y ~ ".S"~'✓~; ! j;~ i.4} 5.., .',".?":N,^,:" a~.J .d~/ :~I~;,,JA ::t ;',t;(„~m~.a ~;,~..~e;wh~kkv;a ~'~7y~}Jr.. •h ~ ~i~ •~jA,...,.r r..:l ~~tt ~'r r ~r ty t ' 't ~5. ~~»ir. i ~'1 ~ 1 ~ F;V ~r r ~`Y, aF ..'7,t ttk s~h i~ t,,yc N~ ; S-~>, .~yT eft. t, .:U.~~Y. ~,l~~a;.i:.'~ ,~~M:.~:.p7,t~;r + s'j, {~i by ft ,P~ I;' t, i, ~.y t~ t~ ~ t} sip !t ~ ,fs a ?ff i ,R Al l,E .~s, z;s 1" ti~< <<p ~y rf it+ 3t ,i~ 1.~ )•fl Il yry '{n y'i n..f i '?t Y t'C J. ~r n nnnr,nrr ~~r . S - 0 P - y . , 4 ''j ~ .4 N `C o~'. ~ •c~ ti ~ ia..,}., .`7_ "a + ~ ~~,,'.,,.~,'r:",i:~ ,~~,-J:.y ~ y,i. T M f".A": } ~ ~A,d `i't,f `7n .f 3, al" r, t '7 t + tl i i, i t ',~t 4 ,}F.aT~tr.. ~ ~ 3. ~ ~ 1.a,.A '.y r~ ~ :.rte. d ~ } y~i ~ ,'•.J.,~„.- , i .''~}„k. i \.t'~rl a;,"~~,..~ ~ ~'iw~.`y~S ~5) ' Y,c~ a~~:4~.'S. ~.:"f„U r f + t. l . E ii Y ! f , ~ ~ ;n i ~ i .,I r~ Sr r !ii t^~ ;'si f{ i; 'Si j j`! 1 t} ,f~ ~yl ~~i~r: Ott}i '}9. ~1' j i { fif ~t . .,.r,~,. ;zr.,. ~,,,ti,> ~,r ;L,. r. ..yr.....~1.°~u.,,.~3.i,.,... r,. .;.~H... Nf,,{..~ ,..L" a o y ~ ~ , . ,.z?;»i k r' `r. / i. .,+L:.~ „n~,,. ^l ~ ~ fM ~ ,„s.. C; ';~K-,>;'~-~„q~_.~ f ..t~rf~. .;^.~„w.<:r ,t ,-yr rt -.Kr W 'i~ S ~ ~1 < « .t Y ( ~ l t-~ T Z ^ c+••l~ ~ ~ l < 7 s'"YI c{9 C~ y.C ~ i t~ fy it ,'<i i} i5t /r ~>v; 3+J '+<;'"t. 4'~'A"~f }~1',{, ;y ~'.1 ° f, r ~ y, ~ s'~,.,: ~ ` ..li .i., a. + : y N r . i „ti.'i. , r ~ t 7 .s'.;' a » 1{:i.;3~,F:~ n.yl~. ~~...1~~.L+ •:+'r,e, _ ` ~ ~ ! r a,a.J It. `(s C7 r~ 1 f,~ .aK.,.?, sal `3~ 3i i 's(s ' ~ :ii n' n~ r, "~3 ~ ~ i r IJ ~ iii i t.~! t{i jc it rye t!! ~1 j`3 tit '(f Fy1 3~+ ~ ,i; ~ t 1 ~I ~ ! ~ r ~ it! f ~ Sy' fi } ;7 ,ir }(a ~ ~ ~ r f y ' ~ 11i t ~a t+,; i Yi. i, £ 'tY ~7 !s, ii{ b'[ i; ;7t ~i • Y ;it ii 'C} ;'c l~ . ~ y~~ ?il ! ~ ij, 't ~~i I+ i y '~f iltt. ~ il; 1 '.e ill ~j `i' ,15 a < + 1 ,~t , . ~ 9f t, 1 y{ ilf 't. jai ! i t'` ?.'i o:. t' lai 1 ~i '.'j 5'~t 4 f} :x- ~ 7 Yl f'... 0 o ~ , Q 13 S tp ~`('~i'1( ~ ~ lJ ~ aJ\1 L~. a as ~ I, ~r L s s t a a1 y"~ i1,~ _w S ,li.:.::t' Mfr 1;;:' ;:r i 1 ~ ~ ~ „J*.Y., It ~ - I ( h j~ ~!y , f s ~ ~,.r.:, i .,r~ x I:~i: t ~ S y~ t ' t' S. y x: J 1 .it ~ ~:i ~Ei ;j: .t, Std d lw i, a ~ , r r ~ ~ <i1 irk v gar 'i . ~t .f r' t it! 1,~y 1 i': !j i i ~;i ii r iii `}i " ~f'. '.r ~ <y} iii ',t ,z; t~ , .~f r' `a~ f.`•i >,t fit; ~ 4 ~ [l G D D I1 ~ ~ ii T WA ~~IAY .Q. 1 a as L_ 1 L_ a a a as ..:y." _ ~ ~ r-tq. ,.lis. 4.., 4~;~.. i~~r 7 ~ w ~ r.. t F 1L~. 11 t 4 ~ . a l I S t t .t e 1 3 x=E;.. , r n 3 ~ ~ ~ ; %,.t c ~jll ilM. .rk.~ l f 1. .t J~,m.. j In t f~ ! ~ ~ t~. ~.r., ^r.~ ~ ~ d,d .:.t,., iti iii ~l~ 3. 'i i.` iii is 1(i i. ~r ! r ~ t J. ~t-r ~ t ~ ~ I~~ ~w tv S F ~i ~YS 1, jai L t~ \ e a ...u ...i ~ x r,~ a s~ _ ~ry. _ \ + ~ , ~ N" E.: 11 9 .tom 9~5, xfr~. ;>T ~~^Y}~ ,i4rh; i~ ~ ; t~ i'~i~ t .li;t!i~;'' !r~f<y Yr 4t Istt Cr;f ...a a a , ~ ,t;;, ; 'k ~ i 6 1 ii 'y . Y v 1 9 3.. ~ t, il' f f, 3 t f,r ~ ~i tom.; IN a, .M 1, :,,tj?,..-... 4 a y.,'-~i'- ~ t it l' \t y' rl ) i~ t~i. ~ 'IS aM i,i j;:. ' I ~ , ~ S i .,d -.,L t j i; `Si ~~1i ii~~ i{ jii ~i ~ ih t~ ~ tli t~ r; 'x. iJS t(i Li >1~ i;!'! ,:i ~ n t ~ i i ~~f ~ j, f iS~ i ~ rs~ pE .!i ~1` I;~} I t~ `,1~ y. ~ .i, ,fit i Sii i.i a ® t t f;~ v (1 ~>i i> S_ ' ! 7 f ~ ;f `w t!? (.~'t f~; ~ i., ~i. ~ ~ t ,t, _t~ li ~i' 1 t , ~r ~ , { , i I; ` ` ri ~ ~ t ~ , S ~ { I ~ ~ ~ a as J i~ Q as _ a to ALA. G r~ A av ~k ~ as 7 o, _ a as ,~9 at- . t. 1~ i' f tL t FIH~FQUR I N ~ E Q a as cv ~ 0 5 a ~z I JG ELEVATION e-"I I t ■ 1 Q z L i Q~ C~. ~-a ~ q ~~rr a as f t,~ O T.~ ~'i a H lumll11a1 ~v~.rv ~a-r~ awu Am. _r ° Tel. ((303) 03 770-8864 49-1283 Fax Fax. 770-3636 J cc 15 Management oroup (303~ 649- 128 11 1 IN a cj) D T.O. SILL (PROPOSED) C ti FINISHED GRADE FINISI FINISHED GRADE FINISHED GRADE FT PERRIN $ S ROW 100'-0" ~1 00,0 100'-0" -117-100 0 - T ~c MISCELLANEOUS ELEVATIONS FREESTANDING COMMERCIAL FREESTANDING TRASH Ok'NCLOSURE ELEVATION MONUMENT SIGN ELEVATION R DEVELOPMENT Sl 'EW ST. WHEAT RIDGE, COLORADO `O SCALE: 1/4 " = 1' - 0° SCALE: 1/4" = 1' - 0" SCALE: 1/4" = 1- 0" Date: JANUARY 2002 Sht c Scale: 1/8 " = 1'-0" 10 of 10 0 i Disk File: 2031 PEL1-RE(' , i PERRIN'S RAW SUBDI A RESU6DI~SI~N OF LOT 1, BLOCK 1, B~LMAR CON lTUATED IN THE NE 1 /4 OF SECTION 25, T.3S., R.69W. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STAT SHEET 1 4F 1 ~~993.06'~i-- _ PO/NT OF N89'S9'58"E _ _2648.16 BASIS OF BEARINGS _ _ NORTH LINE OF THE NE 1 /4 OF SECTION 25, T.3S., R.69W., OF THE 6TH P.M. COAIMENCEiflENT W i WEST 38TH AVENUE FouN~ cHisE~o cROSs (0.03'S do 0.12'W OF NW CORNER OF THE NE 1/4 ~~O OF SECTION 25. T.3S., R.69W., o (60' R.O.W.) ALSOU OU 0 WC S/8~ N PLAT OF THE 6TH P.M: (FOUND 3 1/4" (RECEPTION N0. 91043310) PIN do CAP ~.S. N0. DRASS CAP LS. N0. 13212 IN 0 ~ rr~ RANGE BOX) 9010 (1.97'S do 0.12'W 6' INGRESS/EGRESS EASEMENTS OF CALCULATED POSITION) (SEE DETAIL "A" FOR EASEMENT N89'S9'S8"E 291.09 DIMENSIONS) 95.os~ 3.00 ----+--I----------------------- 69W., OF THE 6TH P.M. PO/NT OF ~ ~ o - N89'S9'58„E 97.16' ~ BEG/NN/NG N89°59'58~'E_ ~ 27.88 ~-NOC~°00o02"W 3' S~~ EAS FOUND CHISELED CROSS - SIDEWALK & UTILITY STREET SCAPE EASEMENT N89°59'58°E 174.09' S00•00~02»E 15.33 15.00 15.Od~ 15.00 15.00 21.83 ~ EASEMENT (REC. #F1370703) 8.50 - ALSO FOUND W.C. 5/8' _3.42_ I S~~Sp~ ~ (REC. # PIN do CAP L.S. 9010 ~ ~ - ~Q E (REC. #91029075) L--- S00°00'02"E N89°59'58"E 85.88' S45°00'00°E I 5.50 ~ O O O O O 22.06' I Z (1.93 S OF CALCULATED ~ ~ 33.60'' ~ D O O O O I wg ~ ~ ~n ~ ua ~ ~n N u~ ~ n ~ i ~ N~ ~ i'9~ ~ d'~ ~ M~ ~ t~~ v c~i i ,3 M"t°orn W ~"NO~o W ~"~°oco W E"~oco w 4"'~o~c w 1"'`no~j c~'-r, N ON ^ N O~ ~ N O~ ~ N O~ ~ N O~ ~ N N( J o ~I~ o o Jn o o Jn o o Jn o o J~ o o Jr- o ~ cal POSfTiON) ~ N89'59'58"E - ~ ~ ~ 25.00 ~ o ~ ~ ~ I I ~ I I ~ I I ~ -s . 12.00' I I ~ I ~ i I ~n ~ ~ ~ n a ° o ° o 0 0 0 0 0 ~ o~ WI ~ 11 N ~ ~ ~rn Z t°/~ c°n t~i~ t°i~ t°i~ j °zi ~ I I i~ I I ~ ~ ~I W I I to I i ~ w ~ `°I _ 9 I= 15.33' 15.00' 15.00' 15.00 15.00' 21.83' ~ o ~ cL-r-DETENTION POND-~' ~o .f i I EASEMENT "A" ~o S89_59'58"W 97.16' I I ~ N89'S9'S8`E 89.48' -----------------J ~ N53'51'0 S89'4 N00'00'02"W ~ 6.5' NON-D(CLUSIVE F1~SEMENT 4.43 N89'S9'S$"E 51.00' 9~ 13.73 I (SEE NOTE) ~ ~ ~ (N Z ~ ~ ~ w I I ~ I I ~ ~ w~ S8~59458"W 56_81' ~ ~ ~ ~ ~ N89'59'S8"E DoT ~ ~T so.si ~ sQ. Fr. ~ LOT 8 ~ 7 ! cL--DETENTION POND--~2 O o i ~ ~ 11.17 NO O~ N00'00'02"W OR / EASEMENT "B" °D 9.72 1.1688 ACRES / % M 1,113 SQ. FT. N~ i i ~ ~ _ __,,37g.55~~N N221 94~•e / i k'~~~ ~ N OR 3 ~ ~ i ~ e=s Z i i i 0.0256 ACRES e=soroobo"~---_ 48.75' f ~ ~ W i I S45_ ~0 Q~~ 1 R=2. ~ 2 ~ i i 9.68 --r} L=3. • R=3.~4 ~_1 S~ ~a.Oa•~2=E ~ S89'S9'58"W 51.00' dti ~o i i J s.4~ Noo~oo~o,~"w,,,,~ ,~sy'~y g LOT 9 _ _ _ _ s.oo , ass sQ. Fr. i O W O W V f ' 1'9vvv1\Vnl\VL X7111 1 Il xir~ NE 1 4 OF SAID SECTION 25; THENCE N00'17 55"W ~►LONG SAID ~ _ Q REVISED EDITION AS n r r r r n>r~.. ni r r_r v~°~tv Ltm v v L.v r u"tivv r I'°1 r t,~► 1 t,,~ V t~ t~ tit t Q►N AS AMENDED AND THE AGCnMPANYlN Rl~.AT V ~ I X589'59 58"W 65.01 ~3 z ~ ~ $83 S4'30'~ 60.82' r 0.0176 ACRES ~ I ~ Z y~ ~ ~ t~ WEST LINE A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; ACCURATELY REPRES .00 ca I o, W o ~EF~RESENTS SAlD SURVEY, ~ 250~~ ~ S89'S9'58"W 51.00' o M ~ p o 3~ ~ o ~ HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE ~w i i i i o g LOT 10 ass so. F r. Q ~ I'7 a W ~ N Q DRAWING HEREON CONTAINED UNDER THE NAME AND 'STYLE OF • i i OR 0.0176 ACRES j j~ W W Z~ PERRIN'S ROW SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY OF ~ ~ 3 S89'59'58"W 51.A~' i ~ O WHEAT RIDGE, COLORADO AND BY THESE PRESENTS QO DEDICATE TO PROFESSIONAL L.S. .p~~ w ~ ~ =I THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR FOR AND ON BEHAL iv ~ _7 MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THC±SE PORTIONS OF Z~ i i i i o g ~T 11 ENGINEERING SERVIC °o ° ; ` t~ o REAL PROPERTY SHOWN AS EASEMENTS FOR THE C6R+~TRUCTION, i i BL ~C~' > ~ X65 s~. ~r. o j,~, ~.,1 INSTALLATION, OPERATION, MAINTENANCE, RtPA1R AND RE~WCEMEi+l7 w I 6' PUBLIC SERVICE ~~/-COMPANY EASEMENT ~ ~ OR ~ 0.0176 ACRES 0 0o I~ y FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMI'~~ED TO TELEPHONE ~ ~ ~ (BK.691 ~--PG.136} O Z S89'59'S8"W 51.00' .00' ~ jN w AND ELECTRIC LINES, GAS LINES, WATER AND SANITAR"~( SEWER LINES, W ~ ~ o LOT 12 ~ ~ HYDRANTS, STORM SEWER SYSTEMS AND PIPES, DETEtv1TI0N PONDS, °o i w ~ STREET LIGHTS AND ALL APPURTENANCES. ~ ~ ~ ~ ~ ~ 765 SQ. FT. OR ~ ~ 3 I i 0.0176 ACRES ~ I vWi o ~ w ~ S89'S9'S8"W 51.00' N LOT 13 M ~ I i 1.113 SQ. FT. OR i i N 0.0256 ACRES 12.00' i 6.5' NON-EXCLUSIVE E4SEMENT - - - - - - - - ----L-~ i (SEE NOTE) S89'59'S8"W 51.00' .r-~ ~f ~ - S89'4 9. 25' LANDSCAPE EASEMENT o Sri i N i (BY PLAT) (HEREBY VACATED BY THIS P1~1T DOCUMENT) i ~~l S89'S9'S8"W 3~5.99~ FOUND 5/ caw ~.s. U//~%~"1~I~0 Ot I FOUND 5/8" PIN & CAP J L.S. N0. 9010 (0.10'W OF CALCULATED 1 POSITION R-3 ZON/NG ~w . § st 6 -w ~ 3 'R. ~ ~~t g*.'aci.. ~ 4' CASE H/STORY.- we-99 0> wz-o~ os Q+~' u~' ~ ~+l /94~1~IR41xNt ,fflRq~/ ° ~A t~. rn '~r v Q RICHARD D. ONESLAGER, JR. 7853 EAST ARAPAHOE COl!RT, SUITE 3700 ~ CC3LURADCJ t,AW Y0U MUST COMMENCE ANY LECAI~ ACTlCN ENGLEWOOD, COLORADO 80112 PHONE: 3d3-221-4988 ANY DEFECT ! N TH l5 SURVEY WITH ! N TH~'~'" Y4f~' A R r, ;CC}VER SUCH DEFECT. !N NQ EVENT MAY ANY A T! N ED L~7V I'~7P.~ 44TH AVE. Z MEGABANK - ~ ~ D 8100 FAST ARAPAHOE ROpD > ENGLEWOOD, COLORADO 8(1112 ~ W ~ m PHONE: 303-740-2265 \ ~ N89' 9' 8"E 15.58 ~ Z .SYi1P12~lP d' f CO ~ BRETT L. MILLER, PLS N0. 27609 o- 41ST AVE. ~ FOR AND ON BEHALF OF ~ r' ~ S89'59'S,~ co = ENGINEERING SERVICE COI~ANY 1300 SOUTH POTOMAC STREET, SUITE 126 ~ ~ / ` 10.92 38TH AVE. ~ AURORA. COLORADO 8001 t PHONE: 303-337-1393 ~ ~ I ~n ~ S00'0 '0,~"E c .r, X W O ~ 7.00 r-, r, w~z~ Z W ~W ~ N Ni9 5~ 5~",~ IT ~1 ~ ~ rn ~ ° rff 10.92 ~ U) ~ 6' INGRESS/EGRESS WEST 38TH AVENUE v SUE 10 ROW=S SUBDIVISION, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED BY: EASEMENT g z ~ tG ~ Z f RIGHTS AND PRIVILEGE OF ACCESS TO, AND FREE MOVEMENT THROUGH DEPUTY .~.4 - ~ - ALL`CURB CUTS, PARKING AREA AND DRIVE AISLES WITHIN THESE LOTS. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, a> Q Z W ~ ~I TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL ~ ~ t b+ co _ ~ D S00'00102"E 1 % 32ND AVE. 8.50 DETENTION POND EASEMENT "B" FURTHERMORE GRANT ACCESS TO, AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY h~ S~ .i~ 3 RECORDED EASEMENTS FROM ADJACENT PROPERTIES, AND/OR FROM 3 ~ O J J PREPARED BY: ABUTTING PUBLIC STREETS. f .F y~, n s`.w ~ DET.4/L ~B~ E ~ ~ ~ r . 444"' VICINlrov AfAp DETA/1 ~A o NOT TO SC4LE SC4LE r' =10' oc~xtx~ ~ E rr rig' g Service Compmy SC4LE: 1 =20' 1300 South Potomac Street, Suite 126 4''~ 3 a a Aurora, Colorado 80012 Phone: (303) 337-1393 Fax: (303) 337-7481 T. 5: , v engineers-surveyors Drawer No.: E-558 ~ Dote of Last Revision: 07/10/2002 y Q z 500 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-C-933 t303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax . 235.2949 GRidge POSTING CERTIFICATION 5 CASE NO. W -a - 0 a.- (9 (o PLANNING COMMISSION CITY COUNCI - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 4t(~,US7 ~~1 °166,2_ : -,Jlw I, P,EG 6 Y r-~t.i,~ s E nl , n a m e residing at a a a r e s s as the applicant for Case No. W0-o;_- 0 (o hereby certify that I have posted the Notice of Public Hearing at SWC W. ~!g 'A, A-VGNU,1 ~ 6Cpck/ ST7ZEA-- 7- (1 o c a t i o n) <pC rep on this day of TLA y 1-9,200 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: W NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. NI NI al NI NI all NI 9 1311 NI NI ^1 r I NI NI NI L al NI al N FR N D L. ~ a N- 8 8 C°q •4 E ~ F 8 o < W 371X P1 R° LUE13KE PR z "t' N 3nc W g a7o • = APT5 N s,m 37m . N m 3 m < nrz LL 3Rf ^ N • WE71SJ' nu Tb At, x>fa _3 37,f 3• a,e :7m w W e ^ 1C I zrm 3;. R°7C ms nta ~N •3 W 37 MAV 8 - 2R3 aeeo 3~ iNO Z , 's 7 R,2 R : aw o aar W a vl. R 3m3 >an - _ m ( ~ 8 g • ~ ~ 's 3mo N N ' ~ A ~ nrf U ss io A ff~ 3 ~ r, AAAiLAAAL P +EANIN w .y t/d !a. - ee , '//"4'e 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 July 29, 2002 Dear Property Owner: This is to inform you that Case No. WZ-02-06 which is a request for approval of a rezoning from Residential-Three (R-3) and Commercial-One (C-1) to Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38`h Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 12, 2002 at 7:00 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. C:\D000men8 and Seain Ss ath,FlMy D.co.em4th,\CCB TSTUBNOTIC\2002\w 206.wpd Smooth Feed SheetsTM ~ Use tern plate for 51600 Theda Bohm Theda Bohm Dave Sweet 3775 Depew, #18 3775 Depew, #18 3664 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Bessie J. Floyd Bessie J. Floyd Kathleen Spray 3765 Depew, #14 3765 Depew, #14 3660 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Lola Borg Lola Borg Phil Brown 3775 Depew, #5 3775 Depew, #5 3674 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 B. Poucherpatten B. Poucherpatten Doris Leggett 3775 Depew 3775 Depew, #20 3790 Depew, #9 Wh i ge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Ernestine Christman Ernestine Christman 3768 Depew St. 3768 Depew St. ZIZ08 00 `a~pi~I Ieati y~ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 IS moda(I bT9£ SSON IINI Gertie Perry Gertie Perry 3790 Depew, #18 3790 Depew, #18 ZIZ08 00 `a4t211ea%A Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 IS ma&(I },I9£ SSOU 11M Sharon Taylor Sharon Taylor 3790 Depew, #10 3790 Depew, #10 Z1Z08 00 'a6p21;eaLM Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 6# 'Mada® 06L£ ga6691suo0 Al Santorelli Al Santorelli 3716 Depew St. 3716 Depew St. uZ08 00 'a6m leaLM Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 ';S Madan 17L9£ uMaB I!4d Rethel Cantrell Rethel Cantrell 3765 Depew, #20 3765 Depew, #20 Z6Z08 00 'a6pRi;eaLM Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 IS madap 099E RejdS uaalyle>l John Thompson John Thompson ZbZ08 00 'a6pla;eay/N 3765 Depew, #12 3765 Depew, #12 ';S Madap 1799£ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 199MS anea S POp AVERY@ Address Labels Laser 51600 Smooth Feed SheetsTM Use template for 51600 Jennifer J. Sleeth Eric B. Hoffman Jennifer J. Sleeth Arlene Westlake 5495 W. 32' Ave. Eric B. Hoffman 3680 Depew St. Wheat Ridge, CO 80212 5495 W. 32nd Ave. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 John Eric Griffiths Carl Katzenberger 14584 W. Third Ave. John Eric Griffiths 3775 Depew St., #5 Golden, CO 80401 14584 W. Third Ave. Wheat Ridge, CO 80212 Golden, CO 80401 Karen K. Case Debbie Miller 3871 Eaton St. Karen K. Case 3775 Depew St., #17. Wheat Ridge, CO 80212 3871 Eaton St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 John C. Bandimere Jr. Mary Howze 3655 Chase St. John C. Bandimere Jr. 3775 Depew St., #22 Wheat Ridge, CO 80212 3655 Chase St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Kim Gilbert Kim Gilbert Laurel Vance Deborah Belcik Deborah Belcik 3708 Depew St 3825 Depew St. 3825 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 William C. Zanol William C. Zanol ZIZ08 00 `oOprg Inagm 3835 Depew St. 3835 Depew St. IS MadaG 80L£ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 aoUDOA lamn'I Thomas 0. Nesler Thomas O. Nesler ZIZ08 OD `aWd I ouk 230 Nesler Ctr. 230 Nesler Ctr. ZZ# "IS MadaG SLL£ Dubuque, IA 52001 Dubuque, IA 52001 asnoH , nW Alice & James Albritton Alice & James Albritton ZIZ08 OD `34rg;zagm 3778 Depew St. 3778 Depew St. LI# '*IS MadaG SLL£ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 zall!W aiggaG Evelyn Littrell Evelyn Littrell Z 1 Z08 OD `a81)rg Izagm 3775 Depew St., #19 3775 Depew St., 919 S# "IS MadaG SLL£ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 za8.raquazjPX IxuD Shirley Anderson Shirley Anderson ZIZ08 OD `oBpr, InagtYl 3736 Depew St. 3736 Depew St. IS MadaG 089£ Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 axegsaAl aualrV MAVERY® Address Labels Laser 51600 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 July 29, 2002 Dear Property Owner: This is to inform you that Case No. WZ-02-06 which is a request for approval of a rezoning from Residential-Three (R-3) and Commercial-One (C-1) to Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38' Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 12, 2002 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you area property owner within 100 feet of this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. Ci ocuments and Seuinp\kathyAMy Mcumenus atby\CCR S\PMNOTIC2002\wz0206.wpd N O a m ' v rc z mw mN d 'L a N 'U HD j D d a a a ~ Q .t2 ' c e m 72 d o m r ~ o a d S W ma Z > \ mx > w o J ow ms H O m F \ N dl K v q0 N Na7 a -13J `o m 0< O¢ H C N « . R R o. 0 a ~ U N L O N O E d _ R` # O ,F C= y N O N O N O N O N O N O N O N O N x cg' R d R o 0 0 0 0 0 0 0 0 am°~ ~ ~5 3 3 ~ 3 ~ 3 3 4 ° ° c fE a N N N N N i0 '47t 'O N W C R O. N > W O N NO N Z'NO = N aN O N Z-O N N C .O R N .O oYp R L Q O O NO T» R Q >O O OlQ R CO m am NL O "'O R `fQ R"'aD N p u N ` m t~s0 m3m 2=0 dL0 cc ` 200 UR30 ~ 'v 30 N U R o O w U 85 U mO Y U U M d 00 R 00 > R N j M W to `m~ OM d ,LM R LL~ R Y ~ oaf d di C7 N C NO R 9 Q > > N>.O a3 } t0 N E3: > 13> C ~ O R L "d R M d R~ "O p 43' ~ a N N~ R N cc _ W W R anK N9 Nan a RHO d' LN O OIO a' J p~~ V ~R w LL w LSO -O 0 77 d"O_ V L N B N aN Z Nn N O(m0 l0 K NN W N N ` `iM N 6 . . M om Z N wc.m U R D Wpm R Q L ~nR L ~nR L e~ to ~d 2 R L R d a L R L Q J ~p C y N U y Q R R ~ ~U U~liw E ❑ ❑ ❑ ® ❑ ❑ z n N M V t0 [p r N W d r n n n r n r n M ~ r r N r N r N r n N n N n n N W l Y a u i u i u i u i v i u i pG Cv O a v a ~ a v v v v v a v v ~ v v a v Q ~ ~ rn m m rn m rn rn m rn W O 3 m' M M M M ` , ` ' v ` t ) M M M M / F a Z N (O (O (O t0 (p (O f0 N Q W 0 n n n n n n C1 > N U . o 3: ~Q Z a } ° W } 3 z n c v q a w o ZZ 11 W h l~J 11 O • F lu ¢o z to a FO U Wa 30 O U:3 Nw of .I.j i; 4} y a° 164 v rk a w, O z„ F O K s y .a C`v G z F a d d a C .U ~ C N y j 9 y ELL a a Q d m a rc c ~ z ~ a ~ ml ~ D C 1 a a m d' w >I d ' _V a 0- d 0 N C N N _ j . o E a 0 ` a m w o L o tO oac o E m m w - at so co x v z w ~oNV 0 U_ R SIC G N a° 0 N ~ N ' 9 N V- R Q Za °dj mho y y m X00 w=o0 c n v 3 0 O ,d m y u01i a a o ~~K Q o 9w 3 16 -p a9_ d ~Nm ~ `mom 'O N'O mt~ v CL ~ ~m W C N K o m 0 w C N H Q O C U U 5 W E ❑ ❑ ❑ ® ❑ ❑ Z 0 i`7 M u Y n r W O Q v v 0 O co p v m a m W O a o 0 Q > V 2 °m °o Q W Z n O 0 Q N o R: Q Z a W Z O LO g d ()f,~ a 5I John Eric Griffiths Al Santorelli Berniece Poucher 14584 W. Third Ave. 3716 Depew St. 3775 Depew St., #20 Golden, CO 80401 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Thomas O. Nesler Shirley Anderson Carl Katzenberger 230 Nesler Ctr. 3736 Depew St. 3775 Depew St., #5 Dubuque, IA 52001 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Bill Ross John Thompson Lola Borg 3614 Depew St. 3765 Depew St., #12 3775 Depew St., #5 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Vivian Osmon Bessie J. Floyd Alice & James Albritton 3642 Depew St. 3765 Depew St., #14 3778 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 John C. Bandimere, Jr. Rethel Cantrell Sharon Taylor 3655 Chase St. 3765 Depew St., #20 3790 Depew St., #10 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Kathleen Spray Ernestine Christman Gertie Perry 3660 Depew St. 3768 Depew St. 3790 Depew St., #18 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Dave Sweet Debbie Miller Doris Leggett 3664 Depew St. 3775 Depew St., #17 3790 Depew St., #9 Wheat Ridge, CO 80212 Wheat.Ridge, CO 80212 Wheat Ridge, CO 80212 Phil Brown Theda Bohm Kim Gilbert 3674 Depew St. 3775 Depew St., #18 Deborah Delcik Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 3825 Depew St. Wheat Ridge, CO 80212 Arlene Westlake Evelyn Littrell William C. Zanol 3680 Depew St. 3775 Depew St., #19 3835 Depew St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Laurel Vance Mary House Karen K. Case 3708 Depew St. 3775 Depew St., #2 3871 Easton St. Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Jennifer Sleeth Eric B. Hoffman 5495 W. 32nd Ave. Wheat Ridge, CO 80212 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on August 12, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h 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. WZ-02-06: An application by Balmar Management Group, LLC for approval of a Planned Mixed Use Development (PMUD) preliminary and final development plan and final plat for property located at 5630 West 38`h Avenue. Said property is legally described as follows: Lot 1, Block 1, Balmar Consolidation Plat Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: July 25, 2002 F WHEgT ~ O ,P a AGi U REQUEST FOR COUNCIL ACTION Jul: got oR ro° -PUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING -RESOLUTIONS Quasi-Judicial: XX Yes No SUBJECT: Consideration of a request for approval of a zone change from Commercial-One and Residential- Three to Planned Mixed Use Development, approval of a preliminary development plan, and a final development plan and plat for property located at 5630 West 38' Avenue. SUMMARY AND BACKGROUND: At the June 20, 2002, Planning Commission meeting, recommendations of approval with conditions were made. See pages 5 through 7 of the attached minutes. The applicant has agreed to the recommended conditions and will incorporate them into the documents prior to the City Council public hearing. ATTACHMENTS: 1. Council Bill No. Vicinity Map "Recommendations to City Council" form (Planning Commission action) June 20, 2002 Planning Commission minutes STAFF RECOMMENDATION: ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTIONS: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A Approval with conditions for all portions of the request. Alan White, Director of Planning and Development Meredith Reckert, Senior Planner "l move to APPROVE Council Bill No. 11- Mn Case No. WZ-02-06, on first reading, ordered published, public hearing set for August 12, 2002, at 7:00 PM in the Council Chambers of the Municipal Building, and if approved on second reading, take effect 15 days after final publication." UI/UZ/UZ 1U:Ua psu~ UZU aaaU NAJU UGNYCH W-VU2/UUJ Jul-O1-02 IIc2SA OEVREVFAX 303 235 2857 P.02 C ity of W he at Rid"ge Recommendation(s)-~o Council Date (_.2c) -O Board per., Issue or Case.# we - 02 - RECOMMENDATION(S)/AMENDMENT(S) ( f appllcable, bullet form) ~....re•e ~t C<a ~l ? .tea T 4- vn VI/UGlVL 1V:1V "OVJ OTU v*OU "Jul-O1-O'L 11:28A DEVREVFAX Recommendation(s) to Council 1 day L81 MA *JVVJ/VVJ 303 235 2857 P.03 Page 2 Date 6 - 20 -a Board P C Issue or Case # P,'* -4t)2-- 0 L r-n'6A Nxrvlrc ti pdl~ 6 '7 - t-NY~J~f l ~L f•~ { 40 T 2 A~,.QA 03 Chairperson Staff CO) tact7/Lts~t¢d c~ * Please return t the ity Manager's Office for distribution 7. PUBLIC HEARING DRAFT A. Case No. WZ-00-09: 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. Alan White requested continuance of this case to July 18, 2002. Review from CDOT has been received but they indicated they have no knowledge of the Wadsworth Corridor Plan. The applicant has agreed with staff that this case should be continued until CDOT completes a review of the Wadsworth Corridor Plan. Mr. White stated that notices were given to all affected parties that tonight's hearing was to be continued. Letters will be sent out again prior to the July 180i meeting. Bud Simon, DE M 1390 Lawrence, Denver Mr. Simon, representing John Elway AutoNation, was sworn in by Chair WEISZ. He stated that he concurred with staff recommendations to continue the case until July 18. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to continue Case WZ-00-09 to the next Planning Commission meeting on July 18, 2002. The motion passed 8-0. B. Case No. WZ-02-06: An application by Balmar Management Group, LLC for approval of a rezoning from Residential-Three (R-3) and Commercial-One (C-1) to a Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 380i Avenue. This cased was presented by Meredith Reckert. She noted the following corrections to the staff report: (1) Page 7, second paragraph, second line: "sixteen" should be changed to "twenty". (2) Page 5, second from last paragraph, second line: "incompatible" should be changed to "compatible". (3) Page 10, condition no. 1 should be changed to "common detention and landscaping" included on the east side of Lot 7. She entered a letter of opposition received from Laurel Vance at 3708 Depew Street. Copies of this letter were also provided to members of the Commission. She also entered a memo from the city traffic engineer setting forth traffic counts on Depew Street taken over the past weekend. Copies of this memo were also provided to members of the Commission. Ms. Reckert reviewed the staff report and presented photographs and layouts of the subject property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. Commissioner McNAMEE asked if a time limit could be placed regarding the completion of the project. Alan White explained that, while there is a city requirement for a developer to start within a year of obtaining a permit, there is no time limit on when the project must be finished. Planning Commission Page 2 June 20, 2002 DRAFT Commissioner COLLINS asked if there would be a problem with the line of sight coming out of the driveway onto 38a'. Meredith Reckert replied that staff determined it would not be a problem. In reply to a question from Commissioner McMILLIN, Meredith Reckert stated that all drainage issues had been addressed to the city's satisfaction. Dave Galloway Galloway, Romero & Associates Mr. Galloway, representing Balmar Management Group, was sworn in by Chair WEISZ. He stated that the applicant would accept all conditions proposed by staff. He presented a brief history of proposed development activity on this site since 1998 which led to the present proposal before the Planning Commission. Following the neighborhood meeting where opposition to the project based on the amount of traffic was stated by neighbors, he ordered a report comparing trip generations under the present and proposed zoning and uses. This report was entered into the record and copies were provided for members of the Commission. He stated the results of the traffic survey indicated traffic would be less under the proposed zoning than it would be under present commercial zoning. He also stated that there is a historical curb cut on Depew which will be improved under the proposal. He further stated that all parking, landscaping, detention, traffic access and density requirements have been met. Commissioner SNOW stated for the record that she talked with an architect on this project when he called her office for information on ADA requirements. When she realized the project was in Wheat Ridge she discontinued the conversation. In response to a question from Chair WEISZ, Commissioner SNOW stated her discussion would not create any kind of conflict and would not influence her vote. Commissioner SNOW asked how the second floor of the proposed units would meet ADA standards. Mr. Galloway stated an elevator is planned for the second floor of the commercial/residential building. Commissioner SNOW asked if there is any lighting planned that would shine into adjacent residences. Mr. Galloway replied that the commercial buildings would have lighting that would be buffered by the proposed carport next to adjacent apartment buildings. In response to a question from Commissioner McMILLIN, Mr. Galloway stated that the residential units have single car garages. Commissioner McNAMEE asked about the phasing schedule for the project. She expressed concern about exterior construction going on over a period of several years. Mr. Galloway stated there are no current phasing plans. These will take place if and when the proposal is approved. Commissioner COLLINS asked where deliveries would take place for the commercial area. Mr. Galloway explained there are no loading docks and deliveries would take place in the parking lot. This is due to the fact that the proposed businesses will be small. Planning Commission Page 3 June 20, 2002 DRAFT Commissioner SNOW expressed concern about businesses such as taverns, nightclubs or dry- cleaning below the residential units. Mr. Galloway stated that dry-cleaning business would consist only of pick-up and drop-off. Richard Oneslager Mr. Oneslager, owner of the property, was sworn in by Chair WEISZ. He stated that he would not be willing to give up any of the listed uses. Chair WEISZ asked if it would be possible to have one large storefront on the first level rather than two or three small storefronts. Mr. Galloway replied that this would certainly be possible. In response to another question from Chair WEISZ, he explained that the proposed parking lot grade would be approximately 6-7 feet lower than the sidewalk grade at the back of the existing apartment building. In response to a question from Commissioner SNOW, Mr. Galloway stated that the owner plans to retain ownership of the commercial units and the residential units would be sold to private ownership. Chair WEISZ asked to hear from those in the audience who wished to address this matter. Earl D.Quinnell, Jr. 3775 Depew, #10 Mr. Quinnell was sworn in by Chair WEISZ. He spoke in opposition to the proposal because of the increased traffic which would affect the many senior citizens who live in adjacent apartments. Duane Luebke 12163 W. 30`h Place Mr. Luebke was sworn in by Chair WEISZ. Mr. Lubke owns the 45-unit apartment complex tc the south and the 24-unit apartments across the street. These units were built in 1967 and 1972 He spoke in opposition to the application because of increased traffic the development would bring and the impact this would cause to senior citizens living in his apartments. He also expressed concern about ingress and egress into the development which would cause increased traffic on Depew. He submitted letters of opposition and a petition containing signatures of his tenants who were opposed to the development. The letters and petition were entered into the record. He expressed concern about the carport which would cause pollution from idling cars for the adjacent apartments. Commissioner COOPER mentioned that commercial zoning would most likely cause more traffic than the requested mixed use zoning. Commissioner PLUMMER commented that the proposed development would probably increase the value of Mr. Luebke's property. Victor Boog 143 Union Boulevard, #625, Lakewood Mr. Boog, attorney representing Mr. Luebke, was sworn in by Chair WEISZ. He expressed the Planning Commission Page 4 June 20, 2002 AFT same concerns stated by Mr. Luebke. He further expressed concern that the freestanding row houses could be used for commercial in the future. He questioned the landscaping in that most of it is in the public right-of-way as part of the streetscaping process and includes non-living landscaping. He also questioned landscaping being placed in the detention area. Mr. Galloway returned to the podium. In regard to concerns about increased traffic on Depew, a left turn lane is planned for Depew. He also stated that Steve Nguyen, city traffic engineer, advised him that letters were sent to neighbors regarding a meeting to discuss traffic concerns. No one came to the meeting. All lighting will adhere to city standards. The sidewalk is counted as landscaping along Depew because it will be detached to match the streetscaping on 38th. All detention will take place in the parking lot and, therefore, will not be landscaped. In response to a question from Commissioner COOPER, Meredith Reckert stated that staff did receive the traffic study presented earlier in the meeting by Mr. Galloway. The traffic engineer reviewed the study and agreed with the numbers presented in the report. In response to a question from Commissioner McNAMEE, Meredith Reckert stated landscaping percentage did not include the streetscaping. Since the sidewalk will be built on the owner's property, it is a tradeoff. Commissioner SNOW asked if the residential units on Depew could be used as commercial in the future. Meredith Reckert explained that this could not happen without amending the preliminary development plan through a public hearing process. She further stated that a note would be placed on the plan to further clarify that these units could only be used for residential. Commissioner SNOW expressed concern about the effect of lighting on properties to the south and east. Mr. Galloway explained that any lights in the windows of the businesses would be shielded by a 6-7 foot overhang from the walkway for the second story units. The grade difference would also decrease effects of the lighting. Commissioner PLUMMER stated he would vote in favor of the application because it is compatible with the 38th Avenue streetscaping project and he did not believe the development would impact the adjacent properties nearly as much as a full commercial development. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38th Avenue, for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. The layout and design, while novel to the city, should be an improvement to the outdated designs of the neighboring high density apartment buildings. Planning Commission Page 5 June 20,2002 DRAFT 4. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, all buildings should be limited to 35 feet. Commissioner MCMILLIN explained that, even though many neighbors expressed opposition to this project, he would vote in favor of the project because it is a main street type of development very suitable to this area. It would be unreasonable to deny an application because there are traffic problems in the area as long as the traffic would not be increased disproportionately. This proposal is very similar to developments existing elsewhere in the Denver metro area that seem to be working well. Commissioner McNAMEE requested a friendly amendment to request that a note be provided on the preliminary plan regarding the mixed use building to provide that, at the choice of the applicant, the entire building could be used as commercial. This would cause the language on the preliminary plan to match the final plan. The amendment was accepted by Commissioners SNOW and PLUMMER. The motion passed 8-0. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to recommend approval of Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 38th Avenue, for the following reason: 1. It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to recommend approval of the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38th Avenue for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision regulations have been met. Planning Commission Page 6 June 20,2002 With the following condition: DRAFT 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. Commissioner SNOW requested an amendment to add a second condition which would require payment of $13,800 in lieu of park land dedication as recommended by the Parks Land Recreation Commission. The amendment was agreeable to Commissioners COOPER and McNAMEE. The motion passed 8-0. (Chair WEISZ declared a recess at 9:25 p.m. The meeting was reconvened at 9:35 p.m.) C. Case No. WZ-02-02: An application by Roger Loecher for approval of a rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of a preliminary development plan for property located at 3502 Wadsworth Boulevard. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and layouts of the property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. She entered a letter into the record from a property owner to the east. The property owner objected to alcohol sales, massage parlors, adult entertainment/products or a use which would increase traffic onto 35th Avenue. She would prefer to see one family-friendly, low-traffic generating business--not two. She does not object to the luxury car rental business but does not want to see a speculative tenant go into the building. Commissioner COLLINS expressed concern that a storm drain doesn't exist at 34s' Place. Alan White explained there are plans to place a storm drain on 35u' Avenue this summer. It was clarified that the storm drain will be placed in 35h Avenue and run south to tie into the storm sewer in 301 Avenue. Commissioner COLLINS also requested that, like State Beauty Supply, no right turns be allowed onto 35th. He also expressed concern about impact to the neighbors from lighting. Meredith Reckert stated she would look into this concern. Commissioner COLLINS asked why there is no acceleration lane on Wadsworth in the plans. Alan White explained that traffic to be generated by this application is too minimal to justify an acceleration lane. Commissioner COLLINS asked how this application relates to the minimum separation between car lots. Alan White explained that the cars will be restricted to the inside of the building. The restrictions referred to by Commissioner COLLINS relate to outside lots. Commissioner MCMILLIN inquired about setbacks and buffers. Meredith Reckert explained that the application is a planned development and, therefore, a five foot setback can be allowed. Staff has recommended the rear setback be increased with a six-foot high solid fence with upright landscaping be installed in this area. Planning Commission Page 7 June 20, 2002 W 111111 1W IIW Will 9W WWI W'M 11111i Engineering & Surveying, LLC July 5, 2002 Ms. Meredith Reckert Department of Planning & Development The City of Wheat Ridge 7500 West 29`h Avenue Wheat Ridge, CO 80033 Re: 5630 W. 38th Avenue Case No. WZ-02-06/Belmar Mgmt. Ms. Reckert: This letter is in response to your request for confirmation of the availability of sanitary sewer service for the above parcel. The property is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Wheat Ridge Sanitation District facilities in this area consist of an 8 inch sanitary sewer main in West 38th Avenue and an 8 inch sanitary sewer main in Depew Street east of 5600 38`h Avenue. This parcel is subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges. The subdividers and/or developers may be required to extend sewer lines to their project sites and/or share in the cost of providing additional capacity to serve their projects. In addition, you should be aware that the District requires approval of plans for sewer service connections, determination of tap fees, as well as inspection of construction by the District's Engineer. If you have any questions regarding this communication, please call us at 770-7272. Very truly yours, illiam rown, .E ngineer. rthe Whe t Ridge Sanitation District cc: District Office 7901 E. Belleview Ave. Ste 230 • Englewood, CO 80111 • Phone (303) 773-1605 • Fax (303) 773-3297 75 00 West 29th Avenue Colorado 80215 303/235-2846 FAX 303/235-2857 June 27, 2002 Richard Oneslager 4737 S. Lafayette St. Englewood, CO 80110 Dear Mr. Oneslager: The City of Wheat Ridge At its meeting of June 20, 2002, the Planning Commission has recommended approval of Case No. WZ-02- 06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 W. 38`r Ave. for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual. 3. The layout and design, while novel to the city, should be an improvement to the outdated designs of the neighboring high density apartment buildings. 4. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, all buildings should be limited to 35 feet. 3. A note be added on the preliminary plan regarding the mixed use building to provide that the entire building could be used as commercial. The Planning Commission has also recommended approval of a Planned Mixed Use Development final development plan for property located at 5630 W. 38' Ave. for the following reason: It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. Richard Oneslager Page 2 June 27, 2002 The Planning Commission has also recommended approval of a subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 W. 38' Ave. for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision regulations have been met. With the following conditions: 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. 2. Payment of $13,800 be received in lieu of park land dedication as recommended by the Parks and Recreation Commission. Your request is scheduled for first reading by City Council at 7:00 p.m. on July 8, 2002, and second reading on August 12, 2002. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Fie d Administrative Asst. Enclosure: Draft of Minutes cc: Peggy Friesen Galloway, Romero & Associates 5350 DTC Pky. Greenwood Village, CO 80111 WZ-02-06 (case file) c:\Bubara\PCRPTS\PLANGCOM\CORRESP\ WZ0005 PUBLIC HEARING A. Case No. WZ-00-09: 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. Alan White requested continuance of this case to July 18, 2002. Review from CDOT has been received but they indicated they have no knowledge of the Wadsworth Corridor Plan. The applicant has agreed with staff that this case should be continued until CDOT completes a review of the Wadsworth Corridor Plan. Mr. White stated that notices were given to all affected parties that tonight's hearing was to be continued. Letters will be sent out again prior to the July 180i meeting. Bud Simon, DHM 1390 Lawrence, Denver Mr. Simon, representing John Elway AutoNation, was sworn in by Chair WEISZ. He stated that he concurred with staff recommendations to continue the case until July 18. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to continue Case WZ-00-09 to the next Planning Commission meeting on July 18, 2002. The motion passed 8=0. B. Case No, WZ-02-06: An application by Balmar Management Group, LLC for approval of a rezoning from Residential-Three (R--3) and Commercial-One (C-1) to a Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38th Avenue. This cased was presented by Meredith Reckert. She noted the following corrections to the staff report: (1) Page 7, second paragraph, second line: "sixteen" should be changed to "twenty". (2) Page 5, second from last paragraph, second line: "incompatible" should be changed to "compatible". (3) Page 10, condition no. 1 should be changed to "common detention and landscaping" included on the east side of Lot 7. She entered a letter of opposition received from Laurel Vance at 3708 Depew Street. Copies of this letter were also provided to members of the Commission. She also entered a memo from the city traffic engineer setting forth traffic counts on Depew Street taken over the past weekend. Copies of this memo were also provided to members of the Commission. Ms. Reckert reviewed the staff report and presented photographs and layouts of the subject property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. Commissioner McNAMEE asked if a time limit could be placed regarding the completion of the project. Alan White explained that, while there is a city requirement for a developer to start within a year of obtaining a permit, there is no time limit on when the project must be finished. Planning Commission Page 2 June 20, 2002 Commissioner COLLINS asked if there would be a problem with the line of sight coming out of the driveway onto 38 h. Meredith Reckert replied that staff determined it would not be a problem. In reply to a question from Commissioner McMILLIN, Meredith Reckert stated that all drainage issues had been addressed to the city's satisfaction. Dave Galloway Galloway, Romero & Associates Mr. Galloway, representing Baimar Management Group, was sworn in by Chair WEISZ. He stated that the applicant would accept all conditions proposed by staff. He presented a brief history of proposed development activity on this site.since 1998 which led to the present proposal before the Planning Commission. Following the neighborhood meeting where opposition to the project based on the amount of traffic was stated by neighbors, he ordered a report comparing trip generations under the present and proposed zoning and uses. This report was entered into the record and copies were provided for members of the Commission. He stated the results of the traffic survey indicated traffic would be less under the proposed zoning than it would be under present commercial zoning. He also stated that there is a historical curb cut on Depew which will be improved under the proposal. He further stated that all parking, landscaping, detention, traffic access and density requirements have been met. Commissioner SNOW stated for the record that she talked with an architect on this project when he called her office for information on ADA requirements. When she realized the project was in Wheat Ridge she discontinued the conversation. In response to a question from Chair WEISZ, Commissioner SNOW stated her discussion would not create any kind of conflict and would not influence her vote. Commissioner SNOW asked how the second floor of the proposed units would meet ADA standards. Mr. Galloway stated an elevator is planned for the second floor of the commercial/residential building. Commissioner SNOW asked if there is any lighting planned that would shine into adjacent residences. Mr. Galloway replied that the commercial buildings would have lighting that would be buffered by the proposed carport next to adjacent apartment buildings. In response to a question from Commissioner McMILLIN, Mr. Galloway stated that the residential units have single car garages. Commissioner McNAMEE asked about the phasing schedule for the project. She expressed concern about exterior construction going on over a period of several years. Mr. Galloway stated there are no current phasing plans. These will take place if and when the proposal is approved. Commissioner COLLINS asked where deliveries would take place for the commercial area. Mr. Galloway explained there are no loading docks and deliveries would take place in the parking lot. This is due to the fact that the proposed businesses will be small. Planning Commission Page June 20, 2002 Commissioner SNOW expressed concern about businesses such as taverns, nightclubs or dry- cleaning below the residential units. Mr. Galloway stated that dry-cleaning business would consist only of pick-up and drop-off. Richard Oneslager Mr. Oneslager, owner of the property, was sworn in by Chair WEISZ. He stated that he would not be willing to give up any of the listed uses. Chair WEISZ asked if it would be possible to have one large storefront on the first level rather than two or three small storefronts. Mr. Galloway replied that this would certainly be possible. In response to another question from Chair WEISZ, he explained that the proposed parking lot- grade would be approximately 6-7 feet lower than the sidewalk grade at the back of the existing apartment building. In response to a question from Commissioner SNOW, Mr. Galloway stated that the owner plans to retain ownership of the commercial units and the residential units would be sold to private ownership. Chair WEISZ asked to hear from those in the audience who wished to address this matter. Earl D.Quinnell, Jr. 3775 Depew,#10 Mr. Quinnell was sworn in by Chair WEISZ. He spoke in opposition to the proposal because of the increased traffic which would affect the many senior citizens who live in adjacent apartments. Duane Luebke 12163 W. 30th Place Mr. Luebke was sworn in by Chair WEISZ. Mr. Lubke owns the 45-unit apartment complex to the south and the 24-unit apartments across the street. These units were built in 1967 and 1972. He spoke in opposition to the application because of increased traffic the development would bring and the impact this would cause to senior citizens living in his apartments. He also expressed concern about ingress and egress into the development which would cause increased traffic on Depew. He submitted letters of opposition and a petition containing signatures of his tenants who were opposed to the development. The letters and petition were entered into the record. He expressed concern about the carport which would cause pollution from idling cars for the adjacent apartments. Commissioner COOPER mentioned that commercial zoning would most likely cause more traffic than the requested mixed use zoning. Commissioner PLUMMER commented that the proposed development would probably increase the value of Mr. Luebke's property. Victor Boog 143 Union Boulevard, #625, Lakewood Mr. Boog, attorney representing Mr. Luebke, was sworn in by Chair WEISZ. He expressed the Planning Commission Page 4 June 20, 2002 same concerns stated by Mr. Luebke. He further expressed concern that the freestanding row houses could be used for commercial in the future. He questioned the landscaping in that most of it is in the public right-of-way as part of the streetscaping process and includes non-living landscaping. He also questioned landscaping being placed in the detention area. Mr. Galloway returned to the podium. In regard to concerns about increased traffic on Depew, a left turn lane is planned for Depew. He also stated that Steve Nguyen, city traffic engineer, advised him that letters were sent to neighbors regarding a meeting to discuss traffic concerns. No one came to the meeting. All lighting will adhere to city standards. The sidewalk is counted as landscaping along Depew because it will be detached to match the streetscaping on 38s'. All detention will take place in the parking-lot and, therefore, will not'be-landscaped.- In response to a question from Commissioner COOPER, Meredith Reckert stated that staff did receive the traffic study presented earlier in the meeting by Mr. Galloway. The traffic engineer reviewed the study and agreed with the numbers presented in the report. In response to a question from Commissioner McNAMEE, Meredith Reckert stated landscaping percentage did not include the streetscaping. Since.the sidewalk will be built on the owner's property, it is a tradeoff. Commissioner SNOW asked if the residential units on Depew could be used as commercial in the future. Meredith Reckert explained that this could not happen without amending the preliminary development plan through a public hearing process. She further stated that a note would be placed on the plan to further clarify that these units could only be used for residential. Commissioner SNOW expressed concern about the effect of lighting on properties to the south and east. Mr. Galloway explained that any lights in the windows of the businesses would be shielded by a 6-7 foot overhang from the walkway for the second story units. The grade difference would also decrease effects of the lighting. Commissioner PLUMMER stated he would vote in favor of the application because it is compatible with the 38th Avenue streetscaping project and he did not believe the development would impact the adjacent properties nearly as much as a full commercial development. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38th Avenue, for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetseape and Architectural Design Manual. 3. The layout and design, while novel to the city, should be an improvement to the outdated designs of the neighboring high density apartment buildings. Planning Commission Page 5 June 20, 2002 4. This proposal will create less traffic impact than if the land were developed with the current C-1 zoning. With the following conditions: 1. Under "Lot and Building Standards", building setbacks be modified to be ten feet from public streets. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section - on the first page, all buildings should be limited to 35 feet. Commissioner McMILLIN explained that, even though many neighbors expressed opposition - to this project, he would vote in favor of the project because it is a main street type of development very suitable to this area. It would be unreasonable to deny an application because there are traffic problems in the area as long as the traffic would not be increased disproportionately. This proposal is very similar to developments existing elsewhere in the Denver metro area that seem to be working well. Commissioner McNAMEE requested a friendly amendment to request that a note be provided on the preliminary plan regarding the mixed use building to provide that, at the choice of the applicant, the entire building could be used as commercial. This would cause the language on the preliminary plan to match the final plan. The amendment was accepted by Commissioners SNOW and PLUMMER. The motion passed 8-0. It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS to recommend approval of Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 38`h Avenue, for the following reason: 1. It is consistent with the proposed Preliminary Development Plan and generally consistent with the City's commercial development standards. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. It was moved by Commissioner COOPER and seconded by Commissioner McNAMEE to recommend approval of the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38`n Avenue for the following reasons: 1. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision regulations have been met. Planning Commission Page 6 June 20,2002 With the following condition: 1. Language be added to the document regarding maintenance of the common detention and landscaping included on the east side of Lot 7. Commissioner SNOW requested an amendment to add a second condition which would require payment of $13,800 in lieu of park land dedication as recommended by the Parks and Recreation Commission. The amendment was agreeable to Commissioners COOPER and McNAMEE. The motion passed 8-0. ' (Chair WEISZ declared a recess a#-9:25 p.m. The meeting was reconvened at 9:35 p.m:) C. Case No. WZ-02-02: An application by Roger Loecher for approval of a rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of a preliminary development plan for property located at 3502 Wadsworth Boulevard. The case was presented by Meredith Reckert. She reviewed the staff report and presented photos and layouts of the property. She entered all pertinent documents into the record which were accepted by Chair WEISZ. She stated that all notice and posting requirements had been met and therefore the Commission had jurisdiction to hear the case. She entered a letter into the record from a property owner to the east. The property owner objected to alcohol sates, massage parlors, adult entertainment/products or a use which would increase traffic onto 35th Avenue. She would prefer to see one family-friendly, low-traffic generating business--not two. She does not object to. the luxury car rental business but does not want to see a speculative tenant go into the building. Commissioner COLLINS expressed concern that a storm drain doesn't exist at 340i Place. Alan White explained there are plans to place a storm drain on 350i Avenue this summer. It was clarified that the storm drain will be placed in 35`s Avenue and run south to tie into the storm sewer in 34`t' Avenue. Commissioner COLLINS also requested that, like State Beauty Supply, no right turns be allowed onto 350'. He also expressed concern about impact to the neighbors from lighting. Meredith Reckert stated she would look into this concern. - Commissioner COLLINS asked why there is no acceleration lane on Wadsworth in the plans: Alan White explained that traffic to be generated by this application is too minimal to justify an - acceleration lane. Commissioner COLLINS asked how this application relates to the minimum separation between car lots. Alan White explained that the cars will be restricted to the inside of the building. The restrictions referred to by Commissioner COLLINS relate to outside lots. Commissioner McMILLIN inquired about setbacks and buffers. Meredith Reckert explained that the application is a planned development and, therefore, a five foot setback can be allowed. Staff has recommended the rear setback be increased with a six-foot high solid fence with upright landscaping be installed in this area. Planning Commission Page 7 June 20, 2002 Request List WZ0206/Oneslager June 3, 2002 John Eric Griffiths 14584 W. Third Ave. Golden, CO 80401 Thomas O. Nesler 230 Nesler Ctr. Dubuque, IA 52001 Bill Ross 3614 Depew St. Wheat Ridge, CO 80212 Vivian Osmon 3642 Depew St. Wheat Ridge, CO 80212 John C. Bandimere, Jr. 3655 Chase St. Wheat Ridge, CO 80212 Kathleen Spray 3660 Depew St. Wheat Ridge, CO 80212 Dave Sweet 3664 Depew St. Wheat Ridge, CO 80212 Phil Brown 3674 Depew St. Wheat Ridge, CO 80212 Arlene Westlake 3680 Depew St. Wheat Ridge, CO 80212 Laurel Vance 3708 Depew St. Wheat Ridge, CO 80212 Al Santorelli 3716 Depew St. Wheat Ridge, CO 80212 Shirley Anderson 3736 Depew St. Wheat Ridge, CO 80212 John Thompson 3765 Depew St., #12 Wheat Ridge, CO 80212 Bessie J. Floyd 3765 Depew St., #14 Wheat Ridge, CO 80212 Rethel Cantrell 3765 Depew St., #20 Wheat Ridge, CO 80212 Ernestine Christman 3768 Depew St. Wheat Ridge, CO 80212 Debbie Miller 3775 Depew St., #17 Wheat Ridge, CO 80212 Theda Bohm 3775 Depew St., #18 Wheat Ridge, CO 80212 Evelyn Littrell 3775 Depew St., #19 Wheat Ridge, CO 80212 Mary House 3775 Depew St., #2 Wheat Ridge, CO 80212 Berniece Poucher 3775 Depew St., #20 Wheat Ridge, CO 80212 Carl Katzenberger 3775 Depew St., #5 Wheat Ridge, CO 80212 Lola Borg 3775 Depew St., #5 Wheat Ridge, CO 80212 Alice & James Albritton 3778 Depew St. Wheat Ridge, CO 80212 Sharon Taylor 3790 Depew St., #10 Wheat Ridge, CO 80212 Gertie Perry 3790 Depew St., #18 Wheat Ridge, CO 80212 Doris Leggett 3790 Depew St., #9 Wheat Ridge, CO 80212 Kim Gilbert Deborah Delcik 3825 Depew St. Wheat Ridge, CO 80212 William C. Zanol 3835 Depew St. Wheat Ridge, CO 80212 Karen K. Case 3871 Easton St. Wheat Ridge, CO 80212 Jennifer Sleeth Eric B. Hoffman 5495 W. 32nd Ave. Wheat Ridge, CO 80212 a CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 20, 2002 DATE PREPARED: June 11, 2002 CASE NO. & NAME: WZ-02-06Balmar Mgmt. CASE MANAGER: M. Reckert ACTION REQUESTED: Zone change from R-3 and C-1 to PMUD, preliminary development plan and final development plan and plat approval LOCATION OF REQUEST: 5630 W. 38" Avenue NAME & ADDRESS OF APPLICANT(S): Balmar Management Group, LLC 5271 S. Yampa St Centennial, CO 80015 NAME & ADDRESS OF OWNER(S): same APPROXIMATE AREA: 1.4 acres PRESENT ZONING: Commercial-One and Residential-Three PRESENT LAND USE: Vacant, construction staging SURROUNDING ZONING: N: R-3 ;E: PRD; S: R-3; W: C-1, R-3 LAND USE: N: Low Density Residential; E, S: High density residential; W: Low Density Residential, Commercial COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Serving Retail DATE PUBLISHED: June 6, 2002 DATE POSTED: June 6, 2002 DATED LEGAL NOTICES SENT: June 6, 2002 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS Q OTHER (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXIII ITS 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. Planning Commission Pagel June 20, 2002 I. REQUEST The applicant requests approval of zone change from Commercial-One and Residential-Three to Planned Mixed Use Development, approval of a preliminary development plan and final development plan and plat. Attached as Exhibit `A' is the applicant's narrative of the project. II. EXISTING CONDITIONS/CASE HISTORY The property which is currently vacant is abutted by West 38`s Avenue on the north and Depew Street on the east. The majority of the parcel is zoned Commercial-One with a 25' wide strip of Residential-Three zoning on the south. The C-I zone district regulations allow a variety of permitted uses including liquor stores, bars, lumber yards, automobile servicing and repair, and grocery stores. The permissible building height in C-1 is 50' (for reference, the First Bank building is 55' high). The property is relatively flat with two existing curb cuts to West 38`b Avenue and one to Depew Street. There is existing curb, gutter and sidewalk on both public street frontages. The W. 38' Avenue frontage of the property is currently under construction as part of the 38" Avenue Streetscape project. The property was previously used as a gas station having been built prior to the incorporation of the City in 1969. The structure was demolished and the fuel tanks removed in 1990. At the time of demolition, it was discovered there was soil contamination from leaking tanks which was remediated by ground pumping and open soil remediation. In 1999, the applicant applied for a 16.25 foot variance to the 50' frontyard setback requirement to allow construction of a 6700 square foot retail building containing a laundromat and convenience store with gas sales and carwash. The purpose of the variance was to allow construction of a canopy over the four-pump gas islands which would encroach into the front setback along W. 38' Avenue. At the time of application (Case No. WA-99- 12), gas stations were a permitted use in the C-1 zone district regulations. See attached site plan labeled Exhibit `B' The variance request was denied by the Board of Adjustment on January 28, 1999 A consolidation plat for the property was processed and approved pursuant to the Balmar Consolidation Plat recorded in August of 1999. See attached reduction labeled Exhibit `C'. Subsequent to the variance denial, the site plan was redesigned; and in November of 2000, a permit was approved by the city to allow construction of a convenience store with gas pumps, laundry building and carwash meeting the C-1 regulations and commercial development standards. Construction did not commence within 60 days, therefore, the permit expired. In February of 2001, the zoning code was rewritten which made gas sales a special use. On January 14, 2002, Ordinance 1239 became effective which established a new zone district called Planned Mixed Use Development. The intent and purpose of the new zone district is "to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow Planning Commission Page2 June 20, 2002 flexibility in use, design and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods." The property is currently being used as staging site for the West 38" Avenue streetscape project. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on April 2, 2002. Attached as Exhibit `D' and `E' are a synopsis of the meeting and sign-up sheet. Included under Exhibit `F' are other letters received regarding the request and phone call records. IV. AGENCY REFERRALS All outside agencies can provide service to the property at the developer's expense Wheat Ridge Public Works Department has reviewed and approved a final drainage plan and report. The plat document and development plan are consistent with the streetscape plan for W. 38' Avenue. All appropriate easement documents have been approved. A note needs to be added to the plat regarding maintenance of the detention pond at the northeast corner of the site. Traffic counts are being conducted over the weekend. This information will be available at the Planning Commission meeting. The Wheat Ridge Parks and Recreation Commission will be reviewing the residential component of the project at their June 19, 2002, meeting. Based on Section 26-421 of the Subdivision Regulations, .22 acres of land would be required for parkland purposes. Fees in lieu of land dedication would be $13,800. Wheat Ridge Urban Renewal Authority has concluded that the proposal is consistent with the adopted urban renewal plan for the area. V. PRELIMINARY DEVELOPMENT PLAN The intent of the preliminary development plan is to establish the zoning and general development concept. It provides generalized graphic and written information on layout, uses and intended character of the development. The preliminary development plan depicts the general layout of the property on page 2 with areas devoted to landscaping, parking and drives and building area. Single access points to W. 38' Avenue and Depew Street are shown. On page 1, permitted land uses within the mixed use structure are Restricted-Commercial with no limitation on the amount of retail area allowed. Several low-impact C-I uses have been included as well. The plan allows the western building to have ground floor commercial with 8 second story condominium units. The developer has requested the ability to have second story commercial uses based on market trends at the time of construction. The other structures on the property are limited to residential only with twelve additional townhouse units. Maximum coverage by building and parking and drives is 85% with a minimum of 15% landscaped coverage. The revised development standards for commercial projects require 20% landscaped coverage. Perimeter setbacks are proposed as being 5' from public streets and 5' from internal perimeter property lines. Staff believes the setback from public streets should be amended to be at least 10'. Although the final development plan shows the front building walls setback 15' from property lines along both street frontages, the Planning Commission Page3 June 20, 2002 applicant is concerned that there may be minor adjustments when construction commences which may necessitate encroachment into the 15'. Window wells and stairways to the front door of the rowhouses would also extend into the 15' setback. The reduced setback from public streets is allowed pursuant to section 2.3.2.7 Build-to- Lines in Mixed-Use Areas of the Streetscape and Architectural Design Manual. Under "Maximum Building Height" in the "Lot and Building Standards", maximum height allowance is shown as 35' for mixed use structures and residential structures. It also shows freestanding commercial buildings can be 50' high. Staff recommends this figure be reduced to 35'. All requirements for a Planned Mixed Used Development preliminary development plan have been met. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a zone change request. 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property is currently zoned Residential-Three and Commercial-One. There is no mistake on the zoning map. 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. This is an area with a wide variety of zoning districts (Commercial-One, Residential-Three and Planned Residential Development) and land uses (commercial, single family residential and high density residential). On the north side of W. 38" Avenue are single family homes with R-3 zoning built in the mid 1930's. A newer single family subdivision extending north on both sides of Depew Street (Depew Estates Subdivision Filing No. 1) was platted in 1979. This subdivision has R-3 and R-IA zoning. Abutting the property on the west is C-1 zoned property with a single family home immediately adjacent to the subject site and a commercial retail building beyond. To the south and east are high density residential developments owned by the same individual which were built in the early 1970's. The planned residential development on the east side of Depew consists of seven buildings constructed in "u court configurations. The number of combined units in the structures is 85 with a density of around 23 units per acre. The multi-family development on the west side of Depew consists of 45 units in two structures built in a similar configuration with the buildings across the street. The density of these units is around 23 units per acre. The city's current density standards allow 12 units per acre in the Residential-three zone district and up to 16 units per acre in Planned Residential Development zone district. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan Future Land Use Map designates the property as Neighborhood Retail Area. Planning Commission Page4 June 20, 2002 Desired character and characteristics include: Small scale retail and professional services located along collector and higher classification streets Retail and commercial uses are within walking distance of existing neighborhoods Pedestrian amenities and spaces dominate over the automobile Desired attributes include the following: Small independently owned retail and service establishments not dependent on high traffic volumes Well landscaped, no outdoor storage, screened trash areas No drive-through facilities or auto-oriented commercial uses Height and bulk are restricted and relate to scale of adjacent neighborhood Desirable uses include the following: Professional services and offices Convenience service establishments Small eating establishments Specialty retail The property is included within the designated mixed use areas within the Streetscape and Architectural Design Manual adopted as part of the zoning code. Pursuant to Section 1.3.5.1.1, "Mixed use areas occurring in single structures are envisioned to have retail uses on the first floor with office or residential uses above. If mixed uses are proposed on a single lot, the primary use would be oriented toward the street with the residential located behind. Buildings may be closer to the front property line and parking is located to the rear or side of the structure. With multiple structures, the parking is located between structures and the structures are uniform in scale, mass, materials and color. Corporate uses may locate in these areas if their corporate design is altered to fit in with the design of the particular location." Further, "Mixed use areas emphasize pedestrian/shopper/residential amenities and street furniture, with a corresponding de-emphasis on the automobile. Pedestrian connections are provided throughout the site and to adjacent uses and neighborhoods. Structures are of an urban scale and landscape treatments are more formal. Right-of-way improvements transition into private property improvements and the line between the two is often blurred. L Examples of these areas are plazas, courtyards, and outdoor eating areas." Staff concludes that the proposal is in conformance with the Comprehensive Plan. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Based on the variety of land use and zonings in the area, staff has concluded that the proposed PMUD zoning with a mix of commercial and residential units will be incompatible with the area. The proposal will have less impact on the neighborhood than if the property were developed under the existing zoning conditions. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. Planning Commission Page5 June 20, 2002 There are no obvious recreational benefits as a result of the zone change. There could be physical benefits derived based on the fact that an "eyesore" property will be developed. Some noise mitigation may occur for the residents to the south. There could be economic benefits to the city via retail sales tax collected from new businesses in the city. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utility providers can serve the property with improvements installed at the developer's expense. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The proposed mixed use development with over half of the building area devoted to residential uses should generate less traffic than if the property were developed under the C-1 zone district regulations. The proposed neo-traditional design pushes the structures toward the streets away from adjacent multi- family residences. Therefore, this design should have less impact on the amount of light and air than if developed in a typical strip shopette design or as depicted in the development scenario shown on Exhibit `13' A final drainage report has been reviewed and approved by the department of Public Works. All storm water is directed to an existing storm sewer in W. 38' Avenue. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed with the existing C-1 and R-3 zoning. Staff believes that the proposed zone change and accompanying plan documents showing mixed use will be less impactive to the neighborhood. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Although this is the first PMUD zone district application in the city, there are a wide variety of zonings and uses in the area. Staff will be encouraging other similar applications on other properties in the designated mixed use areas in the Streetscape manual. Spot zoning should not be a concern. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. Staff cannot ascertain whether the proposed neo-traditional development will fill a void in the market for services, products, or facilities at this location. It is a successful type of development being built in other cities in the front range and throughout the United States. Planning Commission Page6 June 20, 2002 VI. FINAL DEVELOPMENT PLAN A final development plan has been submitted which is consistent with the proposed preliminary development plan. A 7800 square foot structure with first floor commercial uses and eight, second story condominium units are shown within the western-most building. Based on Ordinance 1239, a total of sixteen residential units are allowed on the property. The other 12 residential units are incorporated as townhouses in the eastern two buildings. The developer has requested the ability to have second story commercial uses based on market trends at the time of construction. An elevator is being installed in the western building so handicapped accessibility is not a problem for any second story businesses open to the public. Access to the project is via a single curb cut on both 38' Avenue and Depew. All parking and drives are located behind the buildings which results in screening of these areas from adjacent public streets. Single story carports for use by the residences within the project will be located along the southern portion of the site. Abutting that common property line are the back doors of the apartments to the south which appear to be about 5' from the property line. There is a grade change between the two properties by way of a four foot high retaining wall with a four foot high chain link on top of it. The carports will be setback 6' from this common property line. Landscaping shown on Sheet 5 reflects the improvements being installed along W. 38`s Avenue by the city through the 38' Avenue streetscape project. The developer has chosen to mirror this design (curb and gutter with a tree lawn and separated sidewalk) along Depew. In doing such, the sidewalk along Depew is on private property and the landscaping is in right-of-way. The homeowners association will be responsible for maintenance of landscaping in the right-of-way along Depew Street. The city will maintain sidewalks for public use located on private property. All proper easements for this to occur have been included on the plat document. Site data breakdown includes 24% in building coverage with 18.9% landscaped coverage. This figure for landscaped coverage includes both on-site living landscaping and on-site non-living landscaping. This non-living component addresses the public sidewalk located on the property within sidewalk easements. Landscaping located within public right-of-way has not been used towards the 18.9%. If the on-site and off-site landscaping were combined it would result in 12,775 square feet which is 20.9 % of 61,153 (total site area). All minimum plant material quantities for commercial landscaping have been met or exceeded. The commercial development standards within the city code require 20% landscaped coverage. An oversight within the site data table is that no figure is given for coverage by parking and drive aisles. This figure computes to 33,225 square feet or 54.3%. This should be corrected prior to review by City Council. Architectural materials include brick veneer with masonry and stucco accents. The rear elevations of the eastern buildings will be siding. Signage for the commercial businesses will be allowed both on the front and rear elevations of the western building as access can be gained from both sides. The western elevation of that structure will also allow wall signs for the western-most tenants. City staff is in the process of reviewing the homeowners association covenants. These should be finalized prior to the hearing before City Council. Planning Commission Pagel June 20, 2002 All requirements for a Planned Mixed Use Development final development plan have been met. VII. SUBDIVISION PLAT The applicant has submitted a plat which is consistent with the proposed final development plan being a resubdivision of the previously approved consolidation plat. The commercial component and all parking and drives are included in Lot 1. Blanket cross access language has been included allowing free access through the parking and drive areas. The 12 rowhouses are contained within lots 2 through 13 to allow sales of the individual units. Detention areas are included as easements with the city's standard language included regarding maintenance. The plat document is consistent with the easements dedicated for the street scape project. The separated sidewalk along Depew is contained within a sidewalk easement. The 25' wide landscape easement dedicated by Balmar Consolidation Plat is being vacated upon recommendation by staff. The controlling document regarding use of this area is the final development plan where it is utilized as drive aisle and carports for the residential component of the project. The city surveyor would like a note to be added to the plat regarding maintenance of the detention pond at the northeast corner of the site on Lot 7. All requirements of the Subdivision Regulations have been met. IX. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that based on the variety of zoning districts and land uses, that the proposed PMUD will not be incompatible with the area. Staff further concludes that the proposed PMUD will be less impactive than if the property were developed with the existing zoning and that the Comprehensive Plan and the Streetscape and Architectural Guidelines Manual supports approval of the request. For these reasons, a recommendation of approval is given for all three portions of the request with the conditions as follows: Zone change and preliminary development plan: 1. Under "Lot and Building Standards", perimeter setbacks be modified to be 10' from public streets and 5' from internal perimeter property lines. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first page, freestanding commercial buildings should be limited to 35'. Final development plan: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. Subdivision plat: 1. Language be added to the document regarding maintenance of the common landscaping included on the east side of Lot 7. Planning Commission Page8 June 20, 2002 X. RECOMMENDED MOTIONS ZONE CHANGE AND PRELIMINARY DEVELOPMENT PLAN Option A: "I move to recommend APPROVAL of Case No. WZ-02-06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38' Avenue, for the following reasons: 1. All requirements for a Mixed Use Development District preliminary development plan have been met. 2. The proposal is consistent with the Comprehensive Plan and Streetscape and Architectural Design Manual With the following conditions: 1. Under "Lot and Building Standards", perimeter setbacks be modified to. be 10' from public streets and 5' from internal perimeter property lines. 2. Under "Maximum Building Height" in the "Lot and Building Standards" section on the first . page, freestanding commercial buildings should be limited to 351 Option B: "I move to DENY Case No. WZ-02-06, a request for approval of a zone change from Commercial-One and Residential-Three to Planned Mixed Use Development and for approval of a preliminary development plan for property located at 5630 West 38" Avenue, for the following reasons: 1. 2. 3." FINAL DEVELOPMENT PLAN Option A: "I move to recommend APPROVAL of Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 38" Avenue, for the following reason: 1. With the following conditions: 1. Coverage by parking and drive aisles be added to the site data table on page 1. 2. The homeowners association covenants be finalized prior to the public hearing before City Council. Option B: "I move to DENY Case No. WZ-02-06, a request for approval of a Planned Mixed Use Development final development plan for property located at 5630 West 38' Avenue, for the following reasons: 1. 2. 3." Planning Commission Page9 June 20, 2002 SUBDIVISION PLAT Option A: "I move to recommend APPROVAL of the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38`s Avenue, for the following reasons: I. The subdivision is consistent with the proposed final development plan. 2. All requirements of the Subdivision Regulations have been met. With the following condition: Language be added to the document regarding maintenance of the common landscaping included on the east side of Lot 7." Option B: "I move to DENY the subdivision plat being considered concurrently with Case No. WZ-02-06 for property located at 5630 West 38" Avenue, for the following reasons: I. 2. 3." e: \planning\form s\reptcovr Planning Commission Page10 June 20, 2002 J l %1 sl „I wj ~I -.I III el H N 3 z OFFICIAL . ZONING MAP WHEAT RIDGE COLORADO 5E 24 5E 25 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 O 100 200 3co 400 Fu PLANNING AND DEVELOPMENT Last Revision: Seotemher 10. 2L DEPARTMENTOF MAP ADOPTED: June 15, 1994 PERRIN'S ROW WEST 38TH AVENUE & DEPEW STREET REZONE TO PLANNED DEVELOPMENT - MIXED-USE DISTRICT Balmar Management Group, LLC, requests approval of the proposed Perrin's Row rezone based on compliance with the City of Wheat Ridge Zoning Code Section 26-112 and Section 26-301. Purpose and Intent of Rezone: The purpose of the project is to rezone the property from existing R-3 and C-1 zoning designation to PD-PMUD (Planned Development- Planned Mixed-Use District) zoning designation. Concurrent applications are filed for approval of the Rezone, Consolidation Plat and Final Development Plan. The Perrin's Row development is designed to allow the integration of residential and commercial uses and site design, which is consistent with and complimentary to the surrounding neighborhood. The development meets the intent of the Comprehensive Plan and the West 38th Avenue Streetscape and Architectural Design Manual of the City of Wheat Ridge. The Planned Mixed- Use Development zone designation will allow the flexibility in uses, design and orientation required to create the desired historic character while maximizing space and community interest throughout the planning, development, use, operation and continued maintenance of the Planned Development. Applicability of Rezone Request: The existing 1.4-acre parcel of land currently includes a 7,650 square foot (0.176-acre) area zoned R-3 and a 53,503 square foot (1.228-acre) area zoned C-1. A rezoning of the site is required according to the City of Wheat Ridge Zoning Code, Section 26-112 in order to change the zoning. The applicant's desire is to rezone to Planned Development and utilize the City's new Planned Mixed-Use District designation. Justification for Rezone Request: The applicant believes the rezoning complies with all City Codes and guidelines regulating the land use as discussed below: 1. Need for the change of zone: The City of Wheat Ridge has identified desirable future land use in certain areas within the City as "Mixed-Use" in the Streetscape and Architectural Design Manual. The City of Wheat Ridge City Council adopted Ordinance No. 1239 on January 14, 2002, which created a Planned Mixed Use District in order to provide a Planned Development Zone District which would accomplish it's desired goals for true mixed-use development in this area of the City. The 1.4-acre site is now encumbered with two different zone districts, neither of which would allow a true mixed-use development as desired by the City. The rezoning from R-3 and C-1 to PD-PM UD will allow the desired mixed-use development to be accomplished at this location. 2. Present and future effect on the existing zone districts, development and physical character of the surrounding area: The proposed site is located on a major arterial and surrounded by both commercial and residential zone districts. The site was previously developed as a gas station, which was demolished. The land is currently a vacant infill site surrounded by developed land uses including commercial, multi-family residential and single-family residential. The planned mixed-use development will serve as a transition to the adjacent zone districts and compliment the character of the existing neighborhood and surrounding area. 3. Access to the area, traffic patterns and impact of the requested zone on these factors: The proposed mixed-use development will close one of the two existing curb cuts on West 38th Avenue. There will be one point of access off West 38th Avenue and a secondary access off Depew Street. Therefore, the access to the property will actually improve from the previous development on the site. The traffic projections for the proposed mixed-use project are lower than if the property would build out at the current zoning designations. Traffic patterns will not significantly impact the existing infrastructure at this location. 4. Availability of utilities: All utilities are available to the site, as it was a previously existing commercial development. 5. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc.: Since this is a redevelopment of a commercial site, public facilities are adequate to service the proposed development. Utility providers, City Engineering and Fire Department have been contacted regarding the project and indicate the availability of services. The rezoning, consolidation plat and final development plan will be subject to required agency referrals and City development approval requirements prior to construction. Z031 psf.Rezone lusfifica¢on.doc 2 6. The relationship between the proposal and adopted plans and policies of the city. The proposed development will fulfill the City's desire for a true mixed-use development within this corridor and comply with the adopted Streetscape and Architectural Design Manual and related development criteria of City Code. Compliance with Rezoning Review Criteria: The proposed mixed-use development is in compliance with criteria outlined in the Wheat Ridge Zoning Code as follows: 1. Applicant must show that a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following: The City Council has identified desirable growth trends to include mixed-use development in areas outlined in the approved City of Wheat Ridge Streetscape and Architectural Design Manual, which includes the subject site. The surrounding area includes development reflective of both commercial zone districts and residential zone districts in proximity to each other. Until recently, the City had regulations pertaining to Planned Residential Development and Planned Commercial Development Districts, but neither zone district had adequate provision for a true mixed-use development within the City. In order to accomplish the goals of the Streetscape and Architectural Design Manual, a new planned mixed-use zone district was created. The subject rezone will allow development of a mixed-use commercial/residential product that will fulfill the desired goal of the, City in this area. 2. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area; and The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies and specifically with the Streetscape and Architectural Design Guidelines. Designated mixed use areas are outlined on the streetscape classification map included in the design manual. The proposed property falls within this designated area. The proposed rezoning will allow the type of mixed-use development to occur that is contemplated by this document. Z03 Lpsf.Rezone Iustification.doc 3. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and The proposed zone change to PD-PMUD is compatible with the surrounding area of primarily commercial and high-density residential development. The proposed development will provide site design features desired through the City guidelines and create a positive transitional use area between the commercial and residential developments. In addition, the West 38th Avenue streetscape improvements will be expanded around the Depew frontage of the site to further continue the theme being established in the corridor. The project will benefit existing development by providing an aesthetically pleasing design for the intersection and provide an economic boost to the area by providing additional commercial opportunities for the neighborhood. The benefits of this development will greatly enhance the immediate area as well as fulfill the City's vision for redevelopment in this area. 4. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; and The proposed zone change will allow the transition of land uses to be developed within the parameters of a planned development zone district. This will give distinctive advantage to the control of architectural design and site layout to best serve the development and surrounding area. The proposed development will bring social, physical and economic benefits to the community by providing both retail and residential opportunities in a controlled development environment. 5. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and The existing infrastructure and facilities are adequate to serve the type of uses allowed by the zone change. The City departments and utility companies have been contacted during the preliminary planning stages and have not identified any infrastructure issues resulting from the proposal. 6. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and The proposed change of zone will not adversely affect public health, safety or welfare. The proposed mixed-use scenario will actually create less traffic congestion that if the property were to develop under the current zoning parameters. The existing street classifications and public infrastructure will support the proposal without additional improvement requirements. The site Z031.psf.Rezone 7uslificatlon.doc will be designed to comply with all City development criteria including drainage requirements. The existing zoning would allow building heights of 50' whereas the proposed mixed-use structures will be restricted to 35' high. There will be no adverse impacts that would reduce light and air by rezoning the property to PD-PMUD zoning. 7. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed zone change will actually provide a better transition between the existing commercial and residential zone districts currently juxtaposed to each other. The Planned Development zoning will insure that specific zoning and architectural criteria will provide a cohesive development and control the relationship of the uses to each other. Compliance with Section 26-301 - Planned Development District Criteria: The intent of a planned development district is to permit the establishment of well-designed, innovative developments which may not be permitted by a standard zone district, however, which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. This district recognizes the great variety of land use intensities, densities, and environmental and land use interfaces which are possible. The Perrin's Row proposal will provide zoning and architectural controls to accomplish a true mixed-use development, which will achieve the purposes of the planned development district as follows: 1. To accomplish compatible development with adjacent commercial, residential and/or industrial land uses through proper land use transitions and buffering techniques. Careful thought has been given to the design of the proposed mixed-use development in order to accomplish an efficient transition between it and the adjacent zone districts. The residential element of the development is located along the north and east property boundaries, adjacent to existing residentially zoned and developed parcels. Covered residential parking is located adjacent to existing high-density residential development to the south. The commercial element of the development and related parking is located nearest to the existing commercially zoned and developed property to the west. Z031.psf.Rezone Justfflm6on.doc The proposed West 38th Avenue streetscape and like treatment proposed for the Depew streetscape will serve as an aesthetic buffer along the north and east frontages of the development. 2. To promote flexibility in design and permit diversification in the location of structures. The proposed planned mixed-.use zoning will allow the flexibility needed to accomplish the true mixed-use design contemplated by the Wheat Ridge Streetscape and Architectural Design Manual. This zone district removes the restrictions placed upon percentages of commercial and residential uses allowed within the same development by earlier Codes. The blending of the two uses can now be accomplished within the proposed planned development within limitations imposed by the PDP. 3. To promote the efficient use of land to facilitate a more economic arrangement of building, circulation systems, land use and utilities. The proposed rezone to PD-PMUD promotes the most efficient use of land it an infill location surrounded by both residential and commercial zoning. The proposed development will not only provide additional retail uses for the community, but also a low maintenance urban living opportunity for residents as well. All of the parking and drive areas are internal to the site, eliminating the need for off-site parking. Access points are established off the public rights-of-way at the northwest and southeast corners of the development promoting efficient traffic.circulation. Existing public infrastructure is more than adequate to accommodate the proposed uses. 4. To preserve, to the greatest extent possible, the existing landscape features and to minimize impacts on other natural features of the site. The proposed site was previously developed as a gas station. There are no significant natural features present on the site at this time. Approximately 11,500 square feet of new landscaping will be installed as a result of this development, including the proposed streetscapes along West 38th Avenue and Depew. This proposal will aesthetically enhance the intersection and provide a great improvement to the existing conditions on the property. 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas. The proposed zoning establishes development criteria, which allows a better and higher use of the land through the combination and grouping of structures, parking, loading and storage areas. The residential uses and Z031.psf.Rezone Iustificatlon.doc 6 accessory appurtenances are located along the north, east and south property frontages. The commercial element is located on W. 38th Avenue with pedestrian access from the north and south building frontages. Vehicular access to the commercial uses is by an internal parking and drive area interior to the site. 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments. The architectural standards of the development are established in the PDP. The historic style of architecture will be thematic to all proposed structures within the development. The architectural standards will further ensure design consistency within the development. 7. To minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. The proposed mixed-use zone will generate less traffic than if buildout of the existing zoning designation would occur. In addition, one of the two existing curb cuts off West 38th Avenue will be eliminated. The site will be accessed off West 38th Avenue and Depew Street. All interior circulation has been designed to separate the parking between the residential and commercial uses. The location of the two points of access facilitates efficient circulation through the site. The site meets criteria of the Fire Department for life safety issues. 8. To ensure that adequate public utilities and facilities are available within the area, to serve the specific development. As stated earlier, the proposed site was previously developed as a commercial business. Existing public utilities are available within the area and adequate to serve the proposed development. 9. To promote conformance with the adopted Comprehensive Plan, established policies and guidelines for the area and for the community. The proposed Planned Development- PMUD zone is in conformance with the adopted Comprehensive Plan and established design guidelines for this area. 10. To promote handicapped accessibility. The proposed development will conform to all handicapped accessibility requirements. Z031.psf.Rezone Jusdficalion.doc 'J G.CH/.[S!/ `'f::5 . 0 O m O (n N CV m ti N O CT 3 a d V] d 7l O N E H J W d D Z H Z Z Q J d Q O N W L'J a J (P W O ' l 1/cwal Tp1~V }I/a' 9GE bP LS i$ 0.eH~ Of llE 6M PY C{ SECaCN 3y iJi ~ MJ. 1J313 M e/N44 BJX) (45py`5 {iµp pp gij ' XE Gle4e Y TE NE 1/a p0.M D-1/y{~ rBRfSS fY " -~)M. 13313 M 0.W£ ItlVH"-0E IN)AS' ~y95~ Y l1E 6M VY IIMIIf UE C(M IE Cf 5[Cf V y VT-IF ENUE WEST 3 6TH~4ANUE - 0 0 RI m'2 H•2 I y 9 e p I O ~09'f2~2' R~15.00' le e : la ~ I µLsi~art Ip-4 3YS I - - --a- 7 I D - lu-r R o i I 1 I 3 I ~I cm _ - R ~ II 3 I l9 1 I I r in Ip a• iro I ~ 1 e q e< I Q _ YI II O I j R j TT 4 I ~ hh i 0' i R I ~ 7 I 1 '-SY S 1a5•-e• 11Y•-0• I 33'-a' S' SL W' I I 15 $(iGCI( • le 5. 10 1 y o 1 T 1 1 0 10 20 R x3 SCL1E: s'~20' - zsm' 5eff58'SB~ ]IYv98' I 1 1EDULE as-o' . m-e• mRERExx smxt 4Jxma (xss u.) K-O• . eY-Y VIMHtltR B4RM (]NS 5(.) arro• . H'ro' CYIVI (zIN u.l xsaen EbrK clam art m ss'.HE assrzn nw um kma zmn KE m xI31uK 4on1 u raE4 OS*. z) . EIm34w v' 4CE sown Kprc u3er sirtn m uvi>t lIDr4W S Rf 4Sw%ItpS XN /.K m RS4n [Rlk L1W ! MiG MOG LFIIF R k YM KEm WWM vxvw+E u.w ewKr svnc ,r uHBK wE.S 3p4D 0..3 I x fY rMHtl YME IR.91 A9L9JIE r eusx stmas aJrsrer umES.'r (eaux NI, r]¢ Ix) r ,Ee24u1 ! ululr cvE3rt ryEC a14mn) DEVELOPMENT DATA UR VASX. KKb1 0.YNG •C1P! NO WXnOMi gLL¢rt ZI.WYp C-1 CWWN31L pE PRPogp 31MY C-1 f444RCtV. p1E 511E MFA 61.IA SI. fA9 Ke6 MID1r'/S1gYCMY ME, BULM9 Ikeom'wr JEae u. Y sidE JNS u. pa =F. 4V,P( 3]N SF. lO1K Ip~. ${r le4 Y IET 511E UMpSGVpG I... SF. v.,x Cf IEr s11E aKr°Re6arc Sa.lw u. n.le aE rEr s1i mrKS p1aN u. IHCt a IEr s>E Hour ewaxa wwlc m'p® ~4tn ' y0' Wi 9'K'4MWil1 M1YPoS® LEGAL DESCRIPTION AS PROVIDED TMwx"OR~'°a H'w~ °Fr m'~E ~r~` as n °rc~'fc+viox5°'N mR mrmm m IiE mr iwnm wr iha. o1.2 w~sn" 16m3~0X fro. emsulJ, xm xxtvr mr wxmn ruc¢ a' vIn lrsn svx IM wort rc 4.r sax 3XE ,rtsr +/3 or CfpEM SHEET. YLrIE vNR xALi Cf~HFD AS 5]MMl 4 ME 1NE5 M 1L~6Hli^ C61NSE G ,S FFEi: INY2 KMM. VM4YIl MM I4E GSf YME OF 1gx116Ayi 1/a. i ]4E KMMHSf 1/a. [i TIf KRII¢~5'11/a YLfM ]3 Ns a~CYNm'1E m ~ w.NaRM! T~WKRI~IME~MN~ Hit 9 zsru ar H acmm zem . wam Irons eEwES Imm a opwvs la umms HS) nv . sr3+alx a tu+ ]sE* m .t esxsr ax IrE wulx 1mn ar Hr ar ,em Kvnre nwx wxm H arcxas H 4nnEs .9oxa rIE sauH xaxr a rr a uric or Hrr SpM px]uE °>w°e ~ Ij¢' a liic r° gnw°iax ss:ilmaE ~vivm ax su3 rwsi uxE p vaaxa ar nw sTn m dE ieuE xnxr rc e¢xHa a..e~ asr,n b.~e rar I _ TYPE I SFE PLAN 1 OF 1 Ex~✓«3 / r v C 'C'' ~'1 Fo~a~~3 ${y'~ 15•so~yl ppOfj~'~„ . . COMM% _ MME 1/ zs, - n,~lA SAT=) FOUND LE 4 4 .6 . K N0. 5010 1.93'5 LS I I 9CAlE I' . 90' CALCIMTED POST110M i i 11 ]sM A5E 3 I nn I 9 ffi LL Y g CASE TFISTORY WEST MNE of Tw EI/2 OF THE N( 1/4 WO-a-E( bF THE Nw 1/4 OF THE 1 M23 6A5! ARMIA [ WMItr. i~4mE 3100 ~tlxs.ul~44 e4ttz AWPOW NOLOmW 3:J%-n=m wilt ov 17108 VIA" malhim ftYQMAC 4 M1sIwET, lUOf 131 T31 e"MMUMc PIHONE. 303-331-13e3 LM3 11C sm THE FOXML mift IN Twit fflV PI nGXFEKYEwIbF{Ni BHP OF Of, Y r i reaL . STATE Or bOIARImO, mow f.. J , VA /4 OF IME ,^CWI o~ Je4m-30% 540+a afi Colorado low BALMAR CONSOLIDATION PLAT 4 OF SECV 28. T.35., RAW., OF THE 6TH P.M.. WW W IN THE NE 4 - - . CRY OF YARRA4 Omm OF JEFFERSON. STATE OF COLORADO - PROPEW A0=3& a6X WEST 3STH AVENUE ris R~e9w OF SEICOOK 2 44 (IT 1 ePws cw /4 ' ' ' L5. N0. 93212 IN RAMCE NM Se Se2 ~ew.le ~ ' - - - -MORT1f LI11E'If1~N~lI4.:OF SECIISN 2S. T.JS.{i ~eYw.. Of TI1E 6111 P.Y..- EONS 2D 'A' • X89 42'32" 5---2-* - - - - WEST 3QTF1 1VEFRIE w - (00 Ro s A-0,12 x oF o,o3 CkCD TED PosITIOH . 00' R-15 . . ,n M lD Ms0 Fn1INO we s e PIN cw u . L 23 49 (wai o,I 0 e wlo) 0010 1.071, s o 112 aas4sae 4e'E • aF CMDULATm PomTwN z116 R➢IF3: 9' 89'59 58 E 291A H. - W4, A! r*..... r.n - p ~raruuaaa" aai.~a>ni ♦ raii-n 18+e' ara 6!11 6RY ' yj i t 1R ~W K• (REC. NO. 91029015) I V 111E MONUMENTS SHOwN HEREON. BOUNDED AND R EFERENCm l- 23.99 S oD' ON FLOOD INSURMIL£ RATE MIP C011W1Nm PAHFl H0. T w - . i~ , ,,MO oes o0D5 c c EmNCHE cr a WHEA RDGENO DAm fEBRl UAY 4. 1966 ISSUED EST THE FEDERV1 EMERGENCY - - - i I MANNUEMEHT-M ENCY. THE SUBIECT PROPERTY IS In ZONE C. t DEFINED iS 'MREAR OF M6WMM F1.000INC' AND B HOT SITUATED M A It N _ I SVECMI FLDDD H D MNFA. I I I~ or PUBLIC svexE - it 1-a~C f - (W.691 . -K.ueY A30) i I (BN.e9PC - - - ~ 1 1 f ~ ~ a i i _ Id u - - - ' - I - LOT 1 BLOCK 1 61 IS3 so. Fr. I y I I . OR 1.4039 ACRES R11 4 O4ZO it 0 Y 8 R I I II t l i 1 D i - -.+-L -_.TAR PARCELLME - II I I ROM a ENTRY / (KC M. FO415603) it II MB111o is, LYERRRTOE know" I I I fffilEYdliN: I. BREA L A P IF T O SURSL FT RAY OFED IN TE STmE OF F COL COLORADO CERT CERRFY Y THAT T ON THIS 2QTH DAY OF APRIL. IgfO, iH18 PI OF MAS REAwO umooll w gRECT SIEF5IS AND TO THE BEST OF M6' PRPROFESSIONAL AL AL KNOwTEImE AND M BELIEF IS ACCWATE. HORDOI OF OF FIRM HBKw! IEISA>B CI AIM iR5 A" TED TO PUB11C USE /biKa IMNW pMA` R" l y'F~L7eFpY ~wR,FOfNCar 4r ,~+PRbFESM(RW. W. 2715011 QME EHEANBEMNG 9fltwCE COMPANY BLLYM WAV40KW pgRN U.C . - - try. /~i.a..l .0 /Iiur~ l THIB IB To Tiv 01, YIOtl~E. CCLOPADO. BY YY un 1 APPROVE TE WIHIN IFRWTi:4~ - - -D yHNTEwo~H}PAM. At, J bF Ar gem Ef1E I IISTRUIEM MIS AOMOWEDDETI (IEFORE ME T- TNDAY OF MLy AD. 1933 OQV TM CITY SEAL ; . 1Y;,IHLE4 MAA/AUJY. .W ~M/EIO.V 0 w+II^'1 ~N Pnn'~i RI . ncwr Arm seaenirs aMraFniu. T`5 Of 1ALMIMR FIRlYI.IOIERNI 4ROlW LLO. OHMEII. RATE OF COILRIDo I C _ 56 SFII CWHM1' OF AFERSON)$ VINE MY HYMW :,6 HAND . Ef} I:pANA1SMOf1 EIPIwS.yL71 HFAEIEYSVIFY THAT THIS PFIR PREO IMNCE py~p~Iy 1 IF " X~~ ~nyyr D IS DULY RECORDED M RIEAR^PWOL ~J 4' ivy .N. MION w.. twlCS M 1>~m-r,H - 1 r~ ~ FRAN 6 PAO THE STORN WATER DElE1A10N MMEEEE//,(( S) ~ " I CGNSTRUCTED AND "WANED OR THE OWNEAS Hm. SUCCESSORS, AHD A9smN5. IN THE EVENT PMT sm) CONSTRUCTION I AND MAINFEMFNCE IS HOT PERFORMED BY SILO OWNER. THE CITY OF " WHEAT RIDGE SH NAVE THE RIGHT A ENTER SUCH AREA(S) AND PERFORM-THE .wCES° W . THE COST OF WHICH SKO OWNER. HEIRS. SUCCESSORS. AND ASSIGNS A'.REES TO PAY UPON BIWNC. NO BUILDING OR STRUCTURE WILL RE COMSTRULTED IN THE YI DERRION/REIFXTN)N AREA(s) 'No NO CHYIDES OR ILTERATONS AFF CTING THE HYDRWIRC fMRAGTEABTID$ OF E DETETITOL/RETETITON AREA(S) WILL RUDE WRHOUT THE APPR3lAL OF THE Cm ENGINEER. HOTS: THE REAR 25 FEET OF THIS PROPERTY 5 DESIGNATED FOR Y \I 1AilDBCAPING ONLY. THEW MAY NOT BE ANY oEVEIOPMENT WITHIN I THIS EASEMENT TUT SUPPORTS A COMMERCUL USE (I.E.- DRN AY, PARKING, sEATmG. SmEwv X. ETC). . ~ (a~ o GoiiA - $ R.I ACCORDINfi To caORADO uw rou uvsr COMMENCE ARE tEtl1 ACTION BASED UPON ANY DEFECT IN THIS SUR WITHIN 1MPEE' Y5R/ES MER a~V W YW FIRST OBCO+ER SUCH DEFECT. IN NO IYENT MAY IH1' ACTON BISED ' S O I MORI: THAN z RElRS UPON ANY Ofi ECT IN THIS SURVEY eE COmME11CG FROM THE DATE OF THE CERTIFICATION SHOINN HEREON. V FT:I ANT PERSON WHO KN WRX&Y REMM. WERS 011 DEFACES IIIY WBUG . RIND MONUMENT OR RAND BWND' OR ILCESSORY COMMITS A IN is ISDEMEANtA PURSUNT R STATE STATUTE I8-4-50S. OF CLCS$ WO . THE COLD RWSED STATUTE ~ CBrT/1110 (81,1118 nww no "m ADM MOM N 7500 West 29' Avenue City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: April 2, 2002 City Staff Present: M. Reckert, M. Garcia, S. Nyugen, G. Knudson Location of Meeting: City Hall Property Address: 5600 West 38' Avenue Property Owner: Richard Oneslager Property Owner Present? Yes Applicant: Oneslager/Galloway Romero XD. Existing Zoning: Commercial-One (north 170') and Residential-Three (south 30') Comp Plan Designation: Neighborhood Retail (Comprehensive Plan) and Mixed Use (Streetscape Plan) Existing use/site conditions: Vacant property with two curb cuts on 38' Avenue and one on Depew. Applicants proposal: Applicant proposes a mixed use project with 7600 square foot of retail, 12 rowhouses and speculative upper story of retail (condominiums, office, work/live space) in neo-traditional design with structures pushed towards streets and parking in interior of property. Currently used as staging location for city streetscape project along 38' Avenue. Abutted on south and east by high density residential. Issues discussed: • Design of project: Proposed building heights, Number of parking spaces proposed, setbacks too close to street, design isn't compatible with existing development in the area, good design • Traffic - need for left-hand turn lanes on 381 Avenue, potential bottle necking of traffic on Depew based on their curbcut location, timing at the 38 s/Depew light doesn't allow enough time for elderly pedestrians to cross, need for traffic calming on Depew • what kinds of retail uses are being proposed? • streetscape project - how much easement is required from this site as opposed to the development on the east side of Depew Street? • With buildings closer to the street, is sight distance adequate for apartment to the south? E,eH1,617- Whether accesses are needed on both 381 Avenue and Depew Street • Whether the carports on the south could be moved to the western property line? Not enough setback from southern property line. Owner is worried about the negative effects of car exhaust on apartments to the south - Owner offers six-foot high solid fence for increased buffering In general, the property owner on the south and east does not support the proposal based on traffic and incompatibility with development in the neighborhood. Eleven of the persons in attendance were tenants of those buildings. The single family residential homeowners in the area and property owner farther to the south (Konsella) think it's a good project and like the neo-traditional design. O O'j U1 Y W N P~.~ l w QJ p Nj y -o r m D D m. CL Q CD z N ~ z m 0 0 c~ Z w i 2 T i. 5 z '0 o 0 o = z r n' m a cn r=i * M C/) M m m Z 01 Ut ? W N v v W 1- V ~ V 1 0 Y1 t /(/ate -,C to ~L ~~ZS~~c.~ ST 30 ZO,6~3j 3C Cl-~ e Sr, g tog ~l-cucrelV ~zZs ~--per'' ~ ew.5-b I t l b 3515 ew 5-l- `303 X03 - ~3~ - l 3~~. 30.3 _ ~[at_ X36? 03/27/02 City of Wheat Ridge Planning Department 7500 W. 29th Ave. Wheat Ridge, CO 80215 Dear Sirs, C! " Y z Thank you for your invitation to the upcoming zoning meeting on April 2nd. While unable to attend, I would like to express my opinion on the matter. I strongly support mixed-use development in Wheatridge, based upon tenets of traditional town planning. A successful mixed-use development would include street trees to soften the transition between roadways and structures, promoting safe pedestrian traffic. Residential properties should have detached garages, preferably with alley access. Attached garages are a hallmark of tract housing and have no place in a traditional town plan. I am sure your architects and developers are familiar with the writings of James Kunstler and Andres Duany. I hope that their insights on proportional relationships will be reflected in plans for the development at 38th and Depew. Something must be done to draw attention away from the blighted landscape that area has become. The single-story, asphalt surrounded structures there, bereft of trees or any consideration of style, give the 3700 block of Depew the desolate look of a desert. I am so pleased to see strides are being taken toward responsible planning. I look forward to a day when the corner at 38th and Depew boasts structures of quality and integrity. Good luck in your efforts. Sincerely, aQ.e e_y~ Jennifer J. Sleeth 5495 W. 32nd Ave. L T Wheat Ridge, CO 80212 G L-C) guda U~ -fizz aA-L~, r r cl- ~-6✓Y~ Wfir s V t Y~C./ A - J.. r /c v 1 1 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridgi Telephone 303/ 235-2846 FAX 303/235-2857 COMMENT FORM - CASE NO. WZ-02-??? SOUTHWEST CORNER OF DEPEW ST. AND W. 38TH AVENUE Date: April 4, 2002 Staff contact: M.R. Name: Thomas Nesler Address: 3775 Chase Street Property Owner or Renter? Property owner Type of Inquiry: Phone XX Letter Office Visit Nature of concern: Supports the proposed development. Thinks it should happen as soon as possible with as much retail development as possible. Good that Wheat Ridge is starting to be part of the metro area. Position: Comment: Supports proposal. Information sent? No Add to notification list? Yes -r- - - - - - C~~l~ ~UMER: TITLE: PERRIN'S ROW PERRI N'S ROW PRELIMINARY DEVELOPMENT P PART OF THE NE 1/4 OF SECTION 25, T. 3 S., R. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, SHEET 1 O~ 2 PLAN 1~AP ~ iJ M BAR: OWNERSHIP: R. 67 W, 6th P.M. ~,a „r,~, CERTIFICATION S BALMAR MANAGEMENT GROUP, LLC c/o RICHARD ONESLAGER, JR 5271 S. YAMPA ST, ~I~IATIN: CENTENNIAL, CO 80015 ~ER~~s ~R ~EA~L~ aE~~~ATEa ~ E~r (303) 680-8620 AGREE THAT THE RRF'ERTY EARL I E INTERNAL TWO-WAY DRIVE AISLES STANDARDS: ~EL~~'Ea A A P~A°-I~ND aEVELRMET I PREPARED BY: ~ GALLOWAY, ROMERO & ASSOCIATES C 5350 DTC PARKWAY R GREENWOOD VILLAGE, CO 8Q111 COMMERCIAL PARKING AISLES: MINIMUM 22' '~E ~JE...iy RESTR~~ ! ~~iV AiVa ~a~T~~ 1E RESIDENTIAL PARKING AISLES: M{NIMUM 15' ..A . s..~ • ~ ~a w~ r~ s~ P+R e+~- s+ _ ~ 4 a a*~m e+s» rw wm, a o ¢ _w a a_ a ~ s a a e~ °L 2~. . 4 t (303) 770-8884 ~J SIGNS: D UNIFIED CONTROL STATEMENT: F PERRIN'S ROW WILL BE DEVELOPED UNDER SINGLE OWNERSHIP OR CONTROLLED BY RECORDED M COVENANTS IF A PORTION OR ALL OF THE PROPERTY IS CONVEYED TO ANOTHER PARTY. IN DEFINITIONS: t FOR THE PURPOSES OF THIS PLAN, THE FOLLOWING WORDS AND PHRASES SHALL NAVE THE N C MEANINGS RESPECTIVELY ASCRIBED TO THEM BY THIS SECTION: ' ' ARCADE SIGN: ANY SIGN PROJECTING BENEATH AND ATTACHED TO THE UNDERSIDE OF ANY s y~ i T •a EITHER CASE, THE CONTROL OF A UNIFIED DESIGN AND PURPOSE WILL 8E ACHIEVED. A B STATEMENT OF PURPOSE AND INTENT: A THE PROJECT INTENT IS TO REZONE THE PROPERTY FROM R-3 AND C-1 TO PD-(PLANNED BALCONY, CANOPY, AWNING OR OTHER STRUCTURAL OVERHANG OR PASSAGEWAY. AWNING: A MOVEABLE SHELTER SUPPORTED ENTIRELY FROM THE EXTERIOR WALL OF A BUILDING AND/OR A TYPE WHICH MAY BE RETRACTED AGAINST THE FACE Of THE SUPPORTING MIXED USE DEVELOPMENT. B B THE PERRIN'S ROW DEVELOPMENT IS DESIGNED TO ALLOW THE INTEGRATION OF RESIDENTIAL F AND COMMERCIAL USES AND SITE DESIGN, WHICH IS CONSISTENT WITH AND COMPLIMENTARY TO N THE SURROUNDING NEIGHBORHOOD. THE DEVELOPMENT MEETS THE Ih1TENT OF THE P COMPREHENSIVE PLAN AND THE 38TH AVENUE STREETSCAPE AND ARCHITECTURAL DESIGN BUILDING. FREESTANDING SIGN: A SIGN THAT IS PERMANENT AND SELF-SUPPORTING, BEING NONDEPENDENT ON SUPPORT FROM A BUILDING OR OTHER STRUCTURE, INCLUDING SIGNS PLACED UPON FENCES OR NONSUPPORTING WALLS. MANUAL. THE PLANNED MIXED USE DEVELOPMENT DESIGNATION WITHIN THE PLANNED IL DEVELOPMENT ZONE DISTRICT WILL ALLOW THE FLEXIBILITY IN USES, DESIGN AND OF2IENTATION ILLUMINATED SIGN: A SIGN THAT IS ILLUMINATED WITH CONSTANT INTENSITIES OF LIGHT OF A = r NON-VARYING NATURE. THERE ARE THREE(3) TYPES OF ILLUMINATED LIGHTS AS OUTLINED THE BELOW-SIGNED OWNE THEREOF, DO HEREBY AGR HEREON WILL BE QEVELOP ACCORDANCE WITH THE US IN THIS PLAN, AND AS MA FURTHER REGQGNIZE THAT REQUIRED TO CREATE THE DESIRED HISTORIC CHARACTER WHILE MAXIMIZING SPACE AND N COMMUNITY INTEREST THROUGHOUT THE PLANNING, DEVELOPMENT, USE, OPERATION AND B CONTINUED MAINTENANCE OF THE PLANNED DEVELOPMENT. BELOW UNDER ILLUMINATION OF SIGNS. P PHASING SCHEDULE: PROJECTING SIGN: A SIGN WHICH IS AFFIXED TO ANY BUILDING, WALL OR STRUCTURE AND WHICH EXTENDS BEYOND THE BUILDING WALL MORE THAN FIFTEEN (15) INCHES. A PROJECTING SIGN MUST MAINTAIN A 96" CLEARANCE FROM GRADE IF LOCATED OVER A PUBLIC THE PROPOSED PROJECT MAY BE CONSTRUCTED IN MULTIPLE PHASES. MODEL RESIDENTIAL ~ UNITS W(LL BE DEVELOPED AS THE FfRST PHASE. THE DEVELOPER HAS THE OPTION OF W PHASING CONSTRUCTION WITHIN THE BUILDINGS, I.E., SHELL VERSUS TEfdANT FINISHES. SI WALKWAY OR AREA. DEVELOPMENT, AND APPRO DOES NOT CREATE A VEST MAY ONLY ARISE AND ACC 26-121 OF THE WHEAT RI W. 44th AVE. i SIGN: ANY OBJECT OR DEVICE OR PART THEREOF SITUATED OUTDOORS, VIEWED BY THE G ZONING: T ZONE DISTRICT: PD-PMUD RESIDENTIAL DENSITY: NOT TO EXCEED 16 DWELLING UNITS/ACRE BASES UPON THE ENTIRE D MIXED USE SITE AREA. GENERAL PUBLIC, AND WHICH OBJECT OR DEVICE OR THE EFFECT PRODUCED THEREBY IS USED TO ADVERTISE, ANNOUf~CE, IDENTIFY, DECLARE, DEMONSTRATE, DISPLAY, INSTRUCT, DIRECT OR ATTRACT ATTENTION BY MEANS INCLUDING, BUT NOT LIMITED T0, WORDS, LETTERS, FIGURES, DESIGNS, FIXTURES, COLORS, MOTION, ILLUMINATION, SOUND OR PROJECTING IMAGES. GENERAL DEVEL SIGN STRUCTURE: ANY SUPPORTS, UPRIGHTS, BRACES OR FRAMEWORK OF A SIGN WHICH W. 43rd AVE. SIGNATURE OF OWNER(S) W. 41st AVE. ,.i LOT COVERAGE: 90% MAXIMUM S D PERMITTED USES: DOES NOT INCLUDE ANY PORTION OF THE SIGN MESSAGE. FENCES AND R SURFACE AREA OF SIGN: THE TOTAL AREA ENCLOSED BY THE SHORTEST LfNE THAT CAN BE AS ALLOWED IN CODE S ,J- NOTARY PUBLIC T. .r r~~ ~ ~~~ii~~~ ~ ~t~rt~ ~ ~rnr~~inrrv-o ~ ~c^TCfI CLIA1 1 OC OCO►AIT~CII /lAll V AC C~CF`ICI(`AI I V ~7 SUBSCRIBED AND SWORN ~3 I ht t VLLVVVIIVI~ VJGJ 1'lGRC11V/-~~ 1 LR LIJ I GU .7nr~L~. uL r ~~~mi ~ i ~v vi~~ ~ f-~a ,~r ~vi~ ivn~~ ~ D DESIGNATED ON THE APPROVED FINAL DEVELOPMENT PLAN: DRAWN AROUND THE ENTIRE SIGNS, INCLUDING ANY ARCHITECTURAL EMBELLISHMENT OR f 1 a BACKGROUND MATERIAL OR COLOR FORMING AN INTEGRAL PART OF THE DISPLAY AND USED TO SIGHT DISTANCE NEE TRIANGLE REQUIREMENT: SHOWS SAID SURVEY. 1. ALL PERMITTED USES AND ACCESSORY USE5 !N THE RESIDENTIAL DISTRICTS. B 2. ALL PERMITTED USES AND ACCESSORY USES IN THE COMMERCIAL 61~E DISTRICT (C-1) D 3. ALL PERMITTED USES AND ACCESSORY USES IN THE COMMERCIAL TN~O DISTRICT (C-2) N LOT AND BUILDING STANDARDS: A 1. MINIMUM LOT SIZE: NO MINIMUM y 2. MINIMUM STRUCTURAL SETBACKS AS MEASURED FROM THE PERIPHEl~AL BOUNDARIES OF THIS p DIFFERENTIATE THE SIGN FROM ITS SURROUNDINGS. SIGN SUPPORT STRUCTURES WHICH DO NO OBSTRUCTIONS TO V ~"p_ \/ICIA/C DCT~h/CCnI C(1DN_ T1A!!1 (A 7\ I~i(`~..~F~ fa~J~Flr_u-~{-.-~()I lR ~Adl IAI(`i-IFS (n~ NOT BEAR ADVERTISING MATERIAL SHALL BE EXCLUDED IN COMPUTATION OF SIGN AREA. SIGNS VERTICAL HEIGHT (EXCE WITHOUT BACKING (I.E., FREESTANDING, PROJECTING, A-FRAME OR PEDESTAL SIGNS) ARE DECORATIVE, OPEN STYL ALLOWED THE MAXIMUM SQUARE FOOTAGE FOR EACH SIDE FOR DOUBLE-FACED SIGNS. FOLLOWING TRIANGULAR WALL SIGN: A SIGNS CONSTRUCTED OF DURABLE MATERIALS OR PAINTED AND WHICH IS 15' AT DRIVEWAYS/S7R PERMANENTLY AFFIXED TO AN EXTERIOR SURFACE OF ANY BUILDING, WALL OR STRUCTURE AND 30' AT INTERSECTION POLE SIGNS CAN BE LO PD ZONE DISTRICT: A. WEST 38TH AVENUE: 5' E B. DEPEW STREET: 5' C WHICH DOES NOT EXTEND MORE THAN FIFTEEN (15) INCHES BEYOND THE BUILDING UVALL, VIEW AREA BETWEEN 42 EXCEPT THAT SIGNAGE PLACED UPON MARQUEES, CANOPIES OR AWNINGS SHALL BE CONSIDERED AS WALL SIGNS. C. WEST PROPERTY LINE: 5' LANDSCAPE/OPE PER CODE SECTION 26 TYPES ALLOWED: D. SOUTH PROPERTY LINE: 5' j A CORNICE, CANOPY, AWNING, EAVE, FIREPLACE, WING WALL OR SIMILAR ARCHITECTURAL F FEATURE MAY EXTEND 2 FEET INTO A REQUIRED SETBACK. FREESTANDING (POLE AND MONUMENT), WALL, ARCADE, PROJECTING SIGNS. REQUIRED LANDSCAPING: 1 (1 TREE PLUS 5 SH ILLUMINATION OF SIGNS: ~t - ~ THE PROJECT OBJECTIVE IS TO LOCATE BUILDINGS CLOSER TO THE STREET IN ORDER TO p E i DIRECT: LIGHTING BY MEANS OF AN UNSHIELDED LIGHT SOURCE WHICH IS EFFECTIVELY VISIBLE STREETSCAPES COUNT T PRESENT AN HISTORIC, URBAN CHARACTER WITH EMPHASIS ON PEDESTRIAN, SHOPPER AND RESIDENT AMENITIES RATHER THAN PARKING LOTS AND AUTOMOBILES. AS A PART OF THE SIGN. NEON LIGHTING IS CONSIDERED DIRECT LIGHTING AND IS PERMITTED. PROPERTY LINE CAN CO 38th AVENUE: PER (EXCEPT FOR PERMITTED LANDSCAPING, SIGNS, PUBLIC UTILITIES, AND APPROVED 1 STYI F FFNCF~ NCIT IN FX[:F~~ C1F F' IN NFIC,HT~ SHAI ( RF PERMITTED WITHIN THE 1 ARRY I PARK~F2 P I S. N ii aR e~~ec• i 3. MINIMUM LANDSCAPING: 10~ F 4. MAXIMUM BUILDING HEIGHT: F INDIRECT: LIGHTING WHICH ILLUMINATES THE FRONT OF A SIGN OR THE ENTIRE BUILDING DEPEW STREET: 1 T t. FAC~RDE UPON WHICH THE SIGN IS DISPLAYED, THE SOURCE OF THE LIGHT BEING SHIELDED FROM PUBLIC VIEW AND FROM SURROUNDING PROPERTIES. INDIRECT ILLUMINATION DOES NOT PARKING LOT: ALL COf INCLUDE LIGHTING WHICH IS PRIMARILY USED FOR PURPOSES OTHER THAN SIGN ILLUMINATION, ONE (1) INTERIOR LAND FREESTANDING COMMERCIAL• 50' I COMMERCIAL/RESIDENTIAL: 35' RESIDENTIAL: 35' SUCH AS PARKING LOT LIGHTS. OCCUPY THE EQUIVALEN i PARKING STANDARDS: DEFINITIONS: ~ BE LANDSCAPED WITH A INTERNAL: LIGHTING BY MEANS OF A LIGHT SOURCE WHICH IS WITHIN A SIGN HAVING A OR ACCEPTED GROUND 1 TRANSLUCENT BACKGROUND AND WHICH SlLHOUETfES OPAQUE LETTERS OR DESIGNS, OR EQUIVALENT AGGREGATE LIGHTING WITHIN OR BEHIND LETTERS OR DESIGNS WHICH ARE THEMSELVES MADE OF TRANSLUCENT OR OPAQUE MATERIAL. it ~+-rr~rrr r~~~At ~ir~c^~~ ~r~rr~ ~i hAll~ r~ ~t~i~ IAIr GFA (GROSS FLOOR AREA): GROSS FLOOR AREA SHALL MEAN THE GROSS INTERIOR FLOOR AREA OF THE ENTIRE BUILDING OR PORTION OF BUILDING DEVOTED TO A SPECIFIC USE OR USES, LESS THE AREAS FOR MECHANICAL/UTILITY ROOMS, RESTROOMS, ELEVATORS, STAIRWELLS, SHOW WINDOWS, HALLWAYS, COMMON AREAS, KITCHEN AREAS. PROJECT IDENTIFICATION SIGNAGE: REFER TO "CITY OF WH PLANT MATERIAL, MINIM RESIDENTIAL SIGNAGE: r rrPE: MONUMENT ARCHITECTURAL i ALLOWANCE: 2 PARKING REQUIREMENTS: SIZE: 50 SF/FACE ARCHITECTURAL DESIGN COMMERCIAL: HEIGHT: 6~ MAXIMUM INCORPORATING THE FO SETBACK: 5' FROM W. 38th AVE. ROW; 1' FROM DEPEW ST. ROW; 1' FROM NON-STREET * ENHANCE PEDESTRIAN 1 SECOND FLOOR OFFICE/STUDIO USES: 1 SPACE PER 600 SF GFA .p' FIRST FLOOR RETAIL USES: 1 SPACE PER 200 SF GFA PROPERTY LINES. IN ORDER TO CREATE * PROVIDE MIXED-USE BASEMENT USES: 1 SPACE PER 600 SF GFA J Q OFF-STREET LOADING: AS NEEDED BY BUSINESS OWNER. LOADING SHALL NpT OCCUR FROM ~ ANY PUBLIC STREET. COMMERCIAL SIGNAGE: PEDESTRIAN-FRIENDLY 1. FREESTANDING * PROVIDE CONVENIENT Q TYPE: POLE OR MONUMENT PEDESTRIAN-FRIENDLY ALLOWANCE: 1 * PROVIDE PARKING IN SIZE: 100 SF/FACE NOISE AND IMPACTS OF RESIDENTIAL: COMMERCIAL PARKING SPACES IN EXCESS OF THE REQUIRED MINIMUM CAN BE 1 RESERVED FOR RESIDENTIAL USE PER RECORDED COVENANTS o RESIDENCE PARKING: 2 SPACES PER UNIT RESIDENTIAL VISITORS: 10% OF REQUIRED RESIDENTIAL PARKING SPACES HEIGHT: 15' DESIGN, BUILDING PLAC SETBACK: 5' FROM W. 38th AVE. ROW; 1' FROM DEPEW ST. ROW; 1' FROM NON-STREET * PROVIDE VISUAL INTE PROPERTY LINES. MASS, BULK, HEIGHT, E COLOR. L a HANDICAP: PER CODE SECTION 26-501.D.9 ;TION OF 38TH AVE. AND DEPEW AS MEASURED ALONG F~OWLINE L BE LOCATED WITHIN THE SIGHT TRIANGLES IF THE SIGN CABINET DOES NOT IMPEDE Ti~E 1 ~ PARKING SPACE SIZES (MINIMUM): 2. WALL, AF~CADE OR PROJECTING: * INCORPORATE SIGNAG ALLOWANCE: NUMBER OF SIGNS NOT LIMITED, BUT TOTAL SIGN AREAS NOT TO EXCEED CHARACTER AND SCALE EN 42" AND 84". REGULAR: 8.5' X 18' COMPACT: 7.5' X 15' (50~ OF REQUIRED PARKING CAN BE COMPACT SPACES.) THE FOLLOWING * ACHIEVE INTERRELATf 80 SF/TENANT FACING PUBLIC RIGHTS-OF-WAY THE USE OF COMPLIME 40 SF/TENANT FACING SOUTH * COMPLETELY SCREEN 'OPEN SPACE REQUIREMENTS: PLANNING COMMI n is u rr~e ..s-. ~-,c~ rvu AP~B~UF~ ° HANDICAP: 16' X 18' } r., m 0 T * 2' OVERHANG ALLOWED TO SATISFY LENGTH REQUIREMENT FOR PARKING SPACES ADJACENT 100 SF TOTAL FACING WEST PROPERTY LINE. c~~c. r.in (I~A1T is M!►Tl~i~l ei i n~Aie~ir~ * USE ATTRACTIVE AND H I TO SIDEWALKS OR LANDSCAPING. EIFS SYSTEM, WOOD, COLORED AND TEXTURED CONCRETE BLOCK, PRECAST CONCRETE W cr HEIGHT: NOT TO EXCEED 18'-0" FROM FINISHED FLOOR ELEVATION STONE,- STUCCO, EIFS !:z~ AR DURABLE MATERIALS. JEFFERSON COUNTY CLER CLERK AND RECORDER Cl. SETBACK (ARCADE OR PROJECTING SIGNS): MINIMUM 8' FROM RIGHT-OF-WAY PANELS OR SIMILAR DU * THE PREDOMINANT CC C C BRIGHT COLORS AND Li * DEFINITION BETWEEN r°-! ca- AMENITIES SUCH AS PL -r-t CD I`J LEGAL DESCRIPI N cm SEE PRELIMINARY DEVEI s-~ cn cu r- C~ SASE N~JM~ER. PERRIN'S ROW ~P ~U~ PRELIMINARY DEVELOPMENT P PART OF THE NE 1/4 OF SECTION 25, T. 3 S, R 6 CITY OF WHEAT RIDGE. JEFFERSON COUNTY, SHEET 2 OF 2 M ~ ~ .o. m► rr l . { w 1 c~ w EXISTING USE: w ZONED: R-3 a r`r f z s i i ~I L t 993.06' "----4, d Q ii 1 ~ I N ° I Z 0 i 0 g~ J W J U 0 10 20 ~ Q SCALE: 1 "=20' ~ ~4j2 ~ ' J /1 i 4/~llYilY#1.,.1>vtnt_.J #~L...vavt®as a as ca.» . ~ /~k \ / ~.i.~ 0 \ ~ _ / r +Y„ \ ~ r r e r s / P r r 1 ~ / ~ / I f 1.i.1 1 'T W « ✓ .i R ~ r - - ~ ~ ~ W ~ L ` v! r~ J: - w 1 ~ r. 0 0 i ~ sa.~° ~ C~ t i W ~ ~ ~ t 'V M 0 1./ r www I ~ U7 ~ ~ ~ ~ l Yi!! 4' . A I 1 1 1 g r ~T t ~ ~ l t +I t 1 l f J _ 1 ` V 1 f 1 ~ l / / ~ / i f' _._~..__._--.417--_.__. o .~rrr wwr~w~r ! ~ `a i I.i} ~ ~ ~ ~ _ R1 Q .7 t"t.J ~ ~ 3 ('r'3 I' t.Q r~ C~J CL 1 ~C . r, L CT C ` 1. N t~ O N i S W rT- C) C - fi--s Cr C (0 (Q_ ~-t CD N G_ Cu CM r-i U CL) C CD - . _ OWNER/APPLICANT BALMAR MANAGEMENT GRQUP, LLC c/o RICHARD ONESLAGER, JR 5271 S. PAMPA ST. CENTENNIAL, CO 80015 (303) 680-8620 PREPARED BY GALLOWAY, ROMERO 8c ASSOCIATES 5350 DTC PARKWAY GREE~JWOOD VILLAGE, CO 80111 (303) 770-8884 DATE OF PREPARATION INITIAL SUBMITTAL: APRIL 15, 2002 REVISED: JUNE 7, 2002 LEGAL DESCRIPTION ~ j j i A RESUBDIVISION OF LOT 1, BLOCK 1, BALMAR CONSOLIDATION PLAT, CITY OF WHEAT JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY AS FOLLOWS: a A PARCEL OF LAND SITUATED IN THE NE 1 /4 OF SECTION 25, TOWNSHIP 3 SOUTH, THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM!~1ENCING AT THE NW CORNER OF SECTION 25; THENCE N89'S9'S8"E ALONG THE NORTr! LINE OF SAID NE 1 /4 A DISTA THENCE S00' 17'55"E ALONG THE WEST LINE OF THEE 1 /2 OF THE NE 1 /4 OF THE ' 1 /4 OF SAID SECTION 25 A DISTANCE OF 30.00 FEAT TO A POINT LYING ON THE S0 OF WEST 38TH AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N89'59 `~it~ SOUTHERLY R.O.W. LINE PARALLEL WITH THE NORTH ~ INE OF SAID NE 1/4 A DISTANC A POINT OF CURVE; THENCE ALONG A CURVE TO Th'~: RIGHT WHOSE CHORD BEARS S OF 21.16 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 89'42'32", A RADIUS OF i LENGTH OF 23.49 FEET TO A POINT OF TANGENT LYE"JG ON THE WESTERLY R.O.W. LI THENCE S00°17'30"E ALONG SAID WESTERLY R.O.W. DINE BEING PARALLEL WITH AND OF THE EAST LINE OF THE E 1 /2 OF THE NE 1 /4 ~F THE NW 1 /4 OF THE NE 1 / A DISTANCE OF 185.08 FEET; THENCE S89'S9'S8"W PARALLEL Vv TH AND 230 FEET S NORTH LINE OF THE NE 1 /4 OF SAID SECTION 25 DISTANCE OF 305.99 FEET TO WEST LINE OF THEE 1 /2 OF THE NE 1 /4 OF THE NW 1 /4 OF THE NE 1 /4 OF SAI THENCE N00'17'55"W ALONG SAID WEST LINE A DISTANCE OF 200.00 FEET TO THE P PARCEL CONTAINS (61,153 SQUARE FEET) 1.4039 ACRES, MORE OR LESS. = - i GROSS PROJECT AREA: 61,1 61,153 S.F. 1.404 ACRES 5HUW5 SAIU SURVEY. GROUND COVERAGE: AREA % OF SOT COVERAGE NOTES STRUCTURES: 1. PRIVATE FREESTANDING LIGHTING STANDARDS CANNOT RETAIL/CONDOMlNI~MS 7,8 7,800 S.F. 12,7 ~ LARRY L PARKER P.L.S. N0. 13897 D 6,892 S.F. 11.3 T~ EXCEED 18' IN HEIGHT ROW HOUSING 6,8 TOTAL 14, 6 LANDSCAPING: 14,692 S.F. 24.0 2. EXTERIOR LIGHTING SHALL BE ARRANGED TO REFLECT THE DIRECT LIGHT GLARE AWAY ANY ADJOINING RESIDF;NCES AND ADJACENT STREETS. LIVING ONSITE PLANTWGS g, 6 NON-LIVING ONSITE 9, 694 S. F. 15.9 3. MAINTENANCE OF ALL PAVED AREAS, CURB, GUTl`ER AND SIDEWALKS IS THE SOLE RESPONSIBILITY OF THE PERRIN'S DETACHED SIDEWALK ALONG DEPEW ST. ~~L~!!~1NING COMMISSION CERTIFICATI 495 S.F, p,g~ ~PPF20VED THIS DAY OF ROW HOMEOWNERS ASSOCIATION. WITHIN PROPERTY LINE* 4 DETACHED SIDEWALK ALONG W. 38th AVE X002, E3Y THE WHEAT RIDGE PLANNING COMMISSION. WITHIN PROPERTY ~INE* 13 1357 S.F. 2.2~ SUBTOTAL 1 1,5 1 1,546 S.F. ~ g,g% LIVING OFFSITE DEPEW ST. RIGHT-OF-WAY 5 51 ~ S.F. NA CHAIRMAN PLANNING AN 705 S. F. NA W. 38th AVE. RIGHT-OF-WAY 7 SUBTOTAL 1,2 TOTAL LANDSCAPING 12,7 1,229 S. F. DIRECTOR S 12,775 S.F. PARKING & DRIVING AISLES: CITY COUNCIL CERTIFICATION APPROVED THIS DAY OF OTHER: (SIDEWALKS, TRASH ENCLOSURES, 2002, BY THE WHEAT RIDGE CITY COUNCIL. t I SHEET INDEX WINDOW WELLS MISC) 1,6 TOTAL 61,1 REQUIRED PARKING: 1,69Q S. F. 2.g 61,153 S. F. DESCRIPTION SHEET NUMBER ATTEST: COVER SHEET/SITE DATA/CERTIFICATIONS 1 RESIDENTIAL 12 ROW HOUSES 8 CONDOMINIUM UNITS 1 SITE PLAN 2 24 SPACES CITY CLERK MAYOR 16 SPACES F 1 SUBTOTAL VISITOR PARKING (10% OF SUBTOTAL) 40 SPACES i LOT LINE & EASEMENT PLAN 3 4 SPACES TOTAL COMMERCIAL/RETAIL 44 SPACES UTILITY PUW 4 LANDSCAPE PLAN 5 i N O 7800 SF AT 1 SP;~CE PER 200 SF TOTAL PARKING REQUIRED PROVIDED PARKING: 39 SPACES I PROJECT ISOMETRIC 6 83 SPACES ROW HOUSE FLOOR PLANS 7 RETAIL/LOFT FLOOR PLAN. 8 RESIDENTIAL GARAGE ~ 12 SPACES ROW HOUSE ELEVATIONS 9 DRIVEWAY ~ 12 SPACES COUNTY CLE(~K AND RECORDERS C 16 SPACES THIS DOCUMENT ACCEPTED FOR FILING IN THE ~FFIC COVERED PARKING 1 VISITOR RETAIL/LOFT & MISCELLANEOUS ELEVATIONS 10 TOTAL PROVIDED 4 4 SPACES 44 SPACES CLERK AND RECORDER OF JEFFERSON COUNTY AT G 52 SPACES ON THE DAY OF COMMERCIAL 91 i 's a REGULAR/COMPACT 5 i U Q ti HANDICAP 3 SPACES 1 m~ 0 TOTAL TOTAL PARKING PROVIDED 9 55 SPACES N IN BOOK PAGE , I N J5. W 99 SPACES d * PRELIMINARY DEVELOPMENT PLAN ALLOWS PUBLIC DETACH ETACHED SIDEWALKS TO COUNT RECEPTION N0. m H3 viivwt,tAriM2 .c JEFFERSON COUNTY CLERK AND RECORDER C MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS A ON MARKET DEMAND THIS SPACE MAY BE USED COMMERC VITS ALLOWED. EXTRA SPACE BASED MMERCIALLY BY: 1~~ D1A ~ DEPUTY m 0 i ~ GoIIOVVQy0 9171 East Arapahoe Road Design En ~ . Englewood, Colorado 8Q112 5350 DTC Balmar (303 649-9560 Greenwood l Management Group (303 649-1283 Fax Tel.. 03)) ~~~~~~~'~,4,,QJ~`^~ ~ N 4, . a,~ .~...,4.w~w~..~ ~ ~ ~~.5 '4 w+e....... ,..w^+. m ~rv,.w-.~....,._..u.,.. w...r..rv ~,,.v.... ~..........w. ...w .....,.....»...s..F...«,.~..r»..., .--,...w.-..., un.w...s..w ~vv ~s~„~"~ ~K,.....~,...^~.,....._..,.~..,^.w. _W.~w,_.~, ...,,,.,.w., ._~...~..._,..,w _~.,~,,..^„_..~._,.,Hw...w...M..w._..,.~.,^,.r.,.,..,». ,..n.,..,..~~,. My,. r~,..^ .....,y ~o k S~ ~ ~ ~ ''z~~ r ~ y"° ~ ~ { k ~y.,, . f~ f`I' ~ s 'k,,.ww,,.._..,«W,o.,.,...._....,.,,...~,......,..,..-r....,,........,....,..^.,,.,.....,..,...,.,.,....,........,.,M.~.,.,.._„z' {r`~ i i~,, ~1....,.,.,,......n,.,..r,,,.,.^. w^^. ^ "^-.....,..m..,,..,..,... m........,..„.......1.,....,..._....,......~.~-.~,....<.w,.......-,...w..»--...,..,..,.......,,....._ z....-....~,......,,......-., ,~.,.wM.,.s' J; ~ t yn,~ ...,.._.4..m...,,.,.,.~,....,....,.......,..,,V~ „ti.....~ ~......-.,,..~x ..,r.,v....,....,., ',Y , y.r..vri...r.M..A.,,~..,.-wu L~+.,Y~ .k j"+~ 91`! y 1 . ..v.... ,..r-.-. .-.w. 2~,•~ .~...w- ,..v.w.. ....aw.~ w... x. .w+...,r _i..,... w~,.v._ ..:.,.,w l~' 4 Z r 4 f i 4 ti. _.~n, rw._ .m..._A .M.~. µv.~...~.,.., M.~ rv.~,~.. ,..,_.......u., ~t wwM "`NQRTH LINE OF THE ~ 4 t. ~4 S~1 t F 993.06 , w~.......,~ ..,~w _ ~ M NT ~ ~ - { WALK & UTILITY EQ►SE E S DE _r~ ~ 0~90~5 ~ u RECEPTION No. 9 { ~4~~ ~ ~ ~ ~ APRIL 9, 1991 1 f'i:,~ } 4 L~,.,~,w »a...,w E, .o.M.-.. ..,....,..,v. ti'^` [ III I ! ~ ........~....,....W~,. ~w L.,' ~ ~ _ „..A..~,,.~....~....,._,~.~......_....,<..,. w~..~_.,..M.~__...^~.~~..,~.w._.,~..~.~._„v.w,.,,~.,......w..~,~..».......,.._m.,,,w,,,....~.,~~._..,._~~._..,,_..... ..~..~.~..._,~.~,....,~..,ry.,,H..~...M,w._.~.~~._,...~..w.........~..~.M.~.~...... ~.~.~..,...m.,w.a._ wW.~. ~..u,,.....wr...,~~...,...~.~.,..~,.... :.s....,,_....m...... ...~,...,.w.n.~..~~.aw_~. W..~,..~..._ _~.,..~.......K...~...,..~,..u~_~~.. . t ~ ....-..........w.,,,,.,..-....-..,T,. ,-..,....,..f q' ~.:-.,..QY~m.,..-.«,,...~....~....a....w+.., Pv.~ ~ f z,Y.a y~~+:.,. r+ 4 w. v ~v , k ~1. ,..._„,w^...w...•..d,,.,.,,.,. .,.,.,,,„.,.w....w.,_.w,...wM...,.,....w.._,.,w n~..,.., aw ....,,w. ..,,~:E~~-'~w,xeraa~m^^w~:rx*z~ ....f,., .,~.n,,. . _.4w ,.....,.M „~..,,.,,..w... ~....,..,,,~._,,,..,...»...~.,~...w,...~.~.._..,..w.......,.r..,.,M....,,~.wM....,.,,.~.,... .rte 'n:.a~..sw.-~ , w~. ~ ~ ~ i ~ .,,,.,~.w._.....,,.,._....w..,........ x.a~r,a~.,.~...,. M.;. ~,...,~~..,w,wr~,.,,.,w. _...,~.,.~....~..w»~.,,~,~.,.«,»,W..,a..x....~...._m~.,.,.....,~.w,_....a..w a..,~., T...,,.~~`~ w ? x 25 STORM SEE ~ > ~ ~ ~ t e, t~w~J~~~ry~f~ EASEMENT BY SEPARATE s ~ ; , ~ ; , p.~~ f i s ~ 1 ``.k ~ ! i F 1 ~ b r ' 't' ~ ~ ra< r`~ DOCUMENT ! ~ w r .M~ ~ ~ ~ i ~ 4 ~ ? µ `~T.a~~~.w~~:.mro~a~-'.a.,~vs.''~"i, ~,M,,i"h'.::t..~,'"~~.'~o.":,+w..7yn~, Y~~,."tiYi.'hkS4~r'.,,,».w ~~.M.~3P..'~;:~uawo-.o-..~,,~,,.~w ` f ~ S ' ~ P s'~~ 1 J ~ C~ / f ✓e 7 1 ~ 4tyy! 4~f 1 i ~ ~v 'i .i~ i ~ ! 1 ~ ' i8 Pb i~ ~ L,' F~ t f ~ t S { i t fpp y } i 7, J i .k t 1i ~ 1,j 4 '.Si. i 1 7 }3 i f 2+ ~ ~k~ ~ S ~ ■ i { ~ 3>i ` ~ ` r ~ k ~ ~ ~ ; 1" i}~ T ? E ~ SI fi PSCO EASEMEN ; ~ ~ , it E } ~ BUOK 691 PAGE 136 f~ 3 ~ SEPT 27 1950 ~ 3 ~ ~ fir ii ' ; s ~ ' ~ a ~ ,s~ i s( i+ j s~ r i. S , i d.,.,,u.,~ .,,..,.,~w....,,..,-..,,.w.»,,.~,.-.. ~ i Y (,rj ie f S ( jj ii22 t~t f t{ b~`af tt t j S 1~ I 1( 1 ~ t 3 ~ 1 ~ 2 1 r 4 ~ at Z j ! ~ ,i ~F 44 R ~ bhyy r tl f {3 7 } ~ { fy i G" ~ti ~~f p 3- r-;~a i I j t i ~ ~'s i M I , i ~~:::li.w.. ~ q ~ } ~ ` T 4 ~~i ~ ~ i9) fE ~ ~ „k r. 3 C S w i a~ ~ ~ ~ i; .,..w_....~._w t ~ g~ f fiS, t., ~ a~ ~ ~ ~ Ef : 4.,~ jp ~ ~ f t 4 ! ;M, 4 ~ t A?~ua. ^"d;:: ~ .^^^cya.'. . 3+v>~M ~s"'". sts~. ra ..vrx a~c~:~ycn zµyt3c'F',rt ~ mn o.^vx,:5 ~ i`.a °k,~ .,Yib.R.~s~~~ ~ ,1 ~ is ~..M~'S. y,...,,.J~......~,..~,._.,z..._,. w~,,,.....~ » a, ~x,^ .~„a ; ~ + { ~ ~ ~ ,~L f, ~ } r r ~ ~ s ~ ,...o~,.,,..,.... ~..w 7e7~a ' 1 ~..~f~...,... , y$ „M~M~..,, a ` ,bL ....~.-,}y _...r i ^7' ~ ' ~ ~CV~ :t4 ~ ~p~ / asa °;4 ~ + I ~rmry~ yst~ /n~~o {i~ ~ t ~Ny,~~ ~ ( ~ t i 1 ~ ~ .,,,,..w.....,n.w.,6.,~^, t ,.......,M. ~.,nr 4~ ~ a~ ~ ~ .4 T. 'Y'4 a~ xW+w, N+r~Si 'i'.. ~ 1 W if~ ~ [ \ i © 4'.. ~+w ~ § 1 Y~ ' 2 I 4 i i t x ~ ~ N ~.a ) ~ _ S C i~ z _,.o-„-.... ,,....,...........M_.,«-.. may; ~r-.., `"'s i t i S b ~ ~ i i a ! ~ 1 + ~ ~ o,.,~-. 2 S F ~ ( j F r ;w..„ ~.~M, x c~ ~ I 3 f i ik 1 ,t O d ~ ~ a ~ 7 f ♦ ;"'fir 1 ~j } ? ..i ~.r.~,,,_ ~ h s i fl 1 1 6 ~ gf __._._`"_~wi.._. ~ i f ._...,,__„~.~w,.,~,. , ~...~~..,..e-.,R;~ w„.Xc...w..,_~,.....»J,.k.~„ .E,r., _;,i,.,...+~,n.,..., i`~ ~ ~'''"~,~'+4 k,. .Y._ },:~,a t ~ _._A.,..,.......,.=J_.....,_,..~..,.v,....,.1,..V...w......,,._.,H~.,,y..s. j ~ ter' Nw6ti ~......_,,,~w.~...~_,.......,...«.,,..,,..~w....,.w..,.~,....,..w,..._.r.~,...,....~,. ,,.,._r..,».o„~.~..,J.,....._µ,,~..,..,..b..w.,...w J , i ~ ~ ~ 5 U ` ~4 i ~ ~ ~ ~t f j ~ l ~i y t„1 ,j .,...,..o... o ^ ~ i ...r~.r...~ j E F ! 1 << . ~ ENTION POND EASEMENT A DET ,F $ i ~ ~ o t ~ N PERRIN S ROW SUBDI'ISION WIT ~ Z ~ 4 ! ! rd ~ : .."..'a a, ? ,1 4 ~ 's j t f~ , 1 i i !t~ I' { y ( F it a ~ ar ~ ~ ~ f f ~ ~ r t )i ~ ~ j~ ~ D i ~ ,..........~w.,~ »w.v,.W ..,...~vw......~,. f ~ 3 7 i 7 ~ I' ` ~ ~ ~ 1 i a J~ y' E t ' i E t I ; ( ~ y << ~ t Pj ~ ; i ? f i ~ t' ~ f i Z r r ~ ~ +i i i ~ ,4i ~,if 17i ~ ' ? i 1 ` ~ ~ l ~ ~ ~ i i a SjS t j z ;1 ? ~ t „ ' 1 ~ d ~7 'S { 1 ~ i ! t it ~ f ist 7 ^ ~ 1 j P 5 i} ~ ~a r S S ~ f Z s ;~I E; ; ; ; ~ j 't ~ 6 f { J S ~ ti i z i f i i~ ~ t ; i a i I Y ii ' ~F ~ } 1 I 1 Ci t 4tF ~ ~ ~ ~ ~ 3 i ' ~ ~ t S ii ~ C ~ j t { ~ F J z t ; > .,.w~.~. ~ `~ti, .>x > ~ ~ ~ ~ ~ 3 7 3 ? t ~ r'~i z °p t ~ t ff { F ~ ~ 4 Y k c i { i ~ ~ ~ ;i i t 'r, ~ t, + j i ~ i e .r { \t ~ d t i t~, s' ~ ~ , F °~r,. s s j a, ~x ~ x +,f , a t ~..~~M..v.,.,.5'~ F ,'i~. a:~ 5 F 5 v sE ~ ~yy c'% 1 i F ~ rig f { ~ i 1 ~ c r ~ = y> s r j ' t , 1 F3 ~ ~ ~ ~ l 7 e ;f''j $ ; ~ 7 ~ ~ i 2 ~ ~ ~ E! ( E' 1 r i ~ F` j ~ ~ £ j { Ef f ~ _w~~. ak ~ ~ .P ( ~ ~ ~ g .w..~r j ~ _ ...ti~ ~ i .,.w.,.. ~ ~ ,wM.... ~:f . , i ' _ _ - i t 1 i » _ 1 f i . t i t i 4 i i trr~~~l lf.l~..~ ~.:.J t ~,1 t,~,1 "C""'¢ T' Des. By Drn. Dy Date ^L.. ...J • CPP-"( i,. ~ 4 l..J l { V 4.1.7 W 'r'-I N S. G c _J LL1 cc 0- 'I-- 0) C C Oo r--i LOT L - - - _ - - n_ f CD N W. 38th AVE. & DEPEW S- (ll CY7 ro Designed By: LLP Drawn By: RDG i _ ~ C C7 Checked By: LLP 1 i i i - - - - - - - - - - - - - - - - 72"W - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -4°G- - - - - - - - - - - - - - - -993.06'------------ ~S---~- ------NORTH LINE OF THE - - - 12 - --~.~s~---60"STS---- T i 15 c~ 16 6 14 ~I ~J Y i. a: I I 1 - - -12"W- - - - - - - - - ~ - - - - - - - -12"YV- - - - - - - - - - - ~ - - ---4"G-------I------------4"G------------ f ~ ~ r ~ r N89'S9'58"E 2647.93' BASIS OF BEARINGS - ~ - ==---8"3`s- OF THE NE 1 /4 OF SECTION 25, T.3S., R.69W. OF THE 6TH P.M. 22 West 38th A venue r ~ 2 ~ _r -a---------- ~ - - 60"STS ~60 R.0_W.) - - 60"STS - - - - - - - ~ - - L A F N i ~ ? 2 ~ ( 14 ~ u~ t_ i COMMERCI N 8 CONDOMINI 7 ~l 12" PVC ~u 'S 18 s 15" PVC ~S~ . `sTS. 17 V .J V U J V i ■ VI~H 18 " PCP CUTF~LL l I ~ I i v LATERAL' (TYp, 2~ ALL/ I KASHRACK STRUCTURE WITH 18"" oil / _ _ _ 1~ 1 W I ~ SCALE. 1 =ZO 24 PRIMARY ELECTRICAL SERVICE, VERIFY POINT OF SERVIC ~ ~ 25 PAD MOUNTED TRANSFORMER o I `i'ya ~ I I 26 SECONDARY ELECTRICAL SERVICE TO COMMERCIAL/RETAI p , I ROW HOUSING. FINAL CONFIGURATION TO BE DETERMIN U 22 ~ ,9 i ~ Z' PERMIT SUBMITTAL J ~'~o~ = i 3 27 4° PVC ROOF DRAIN (TYP. ALL) o~ 0 1 4 1 ~ N N Q o \I f Zo w M . i ~ ~ s ~~4 O~Q a ~ I I UTI LILY LEG EN D l i s w W - - MANHOLE Z i I I _ - VALVE i g"yy -~N-l--~---►~ - W - - EXIST"ING WATER LINE ~.i 7 \ I I W PROPOSED WATER LINE w = I I - - SS - - EXIS~"ING SANITARY SEWER of I I SS PROPOSED SANITARY SEWER W I I - -STS- - EXISTING STORM SEWER - . z J 11~ 7 E ( ' STS PROPOSED STORM SEWER .r ~ I ' - G - - EXISTING GAS LINE ~ I ( G PROPOSED GAS LINE i i 1 - - UE - - EXISTING UNDERGROUND ELECTRICAL -~i ,r ~ ( I UE PROPOSED UNDERGROUND ELECTRICAL ~ ( ( - - OE - - EXISTING OVERHEAD ELECTRICAL NOTE: ALL PROPOSED SHCWN HEREON IS PRIV BY THE CIlY OF WHEAT -3 OE PROF'OSEO OVERHEAD ELECTRICAL - - UT - - EXISTING UNDERGROUND TELEPHONE i UT PROPOSED UNDERGROUND TELEPHONE r l~ 't J Lt - - T - - EXISTING OVERHEAD TELEPHONE Y! ~ i~ 1 i REVISIONS a i f No. Description 1 PER CITY REVIEW l ti i d"'~ . 9171 East Ar Englewood, C B$~mgr (303 649-9 Mana~ment Groin (303 649-1 S - ~i I CL C • r-t C C tC7 r-~ CL PERRIN'S ROW SITE UTILITY PLAN CD N CL~ CO W. 38th AVE. & DEPEW ST W Cu Designed By: LLP C C7 Drawn By: RDG Checked By: LLP f 1. } k~ i A • A ~ i L"..T f e ~ ~ ~ 1 d ~ ' ~~t ~ ~ ~ e ~ ~ i ~ . ~ V ~ e s ~ "Q N a ~ 9+ 4+' v V t 4 ■ w 1 f w • V~k Y ~ t S L S ~ ! r- i - i V n~ n S. I A L V~ - L f s1 i r f(~ ~ e :p ` !C • o a. ' XY a i ~ a ~ ~ e ~ S 9" ~ Y 4 m9 4d f,~ ~ ~ ~y ~'~y .J'~ / i i i r '''~~a /i 8 ~ e . i°e 0 F, d`„ t qP ~ ! /~`~y tl `f ~ / fir, x~ ~.p ~ o 4 //~i~ • i ~ ♦ , ` a i ~~r~ ~ s~ ~ ~ ~ - O l a' sd ~ ~p ~ •M ~ ~ ti 4~i ~ ry r f., R B 4 . ~y 1 • a . 9 A V ~ w fit. A". .j9 y. ~4 tf y~ 9 ~ a. \ ~ , ~I M ~5._ ~5y\ ,r' 0~ t e 1 - - ~ - t „d`d'~.^ "ie~.. r ~ ~ f~ ~i N ,`i~~. u Q e -'~a~ Y m li.L it b~~ l"` / ' ~ ~ . L~ r f~ ~ if ~ y P ti, - .q ' ;Y ~ li. e - ~ ` i ~ ~ t"• r ! • i *R '6 1j o C ~ . . ~ ~ ~ I' t: . ti~ e `i L ,,,r. a ~'o.t~ \ ~ ~ o r ~ + 11X' ' ~ /T ~~/!~~}y ~ y . ; r pr tt~~~, 4 ~ ~ V , • ~I~M ~ i~~' i.b. ~ J ~ Q '/f~j^''} . t I. Y/f~~ Y A ~7 "~iK ~ a .J - , ~ , ' ~ , -sue 1- . ~-y . . r H a r_Ls --I 3 Q ~l~' r°°°°°i {---f ___l LL Cc Q. ISO ISOMETRIC VIEW I CT) PERRIN'S ROW C NO SC PROJECT ISOMETRIC CCl ,-t ~-a m CD N C_ Cl) CD .a" co CD C CD L I ~ i D8 r is,_4„ r~ 1 1 ~ - . i r ii i ~ ~~J L O F 1 _ 1 i 0 M li 4 1 LOWER FLOOR PLAN SCALE 1 ~8' = 1 ~ - 0" i .T F i; - ~ ~ J r 'i Y' i #)tANN GgNIM L i 1 , _,~.r. N F.P. ~t'~ tl~" 1#' ,REF... I• 1 r. o~ o' i ~ r i f i ~ ~ y S , L MAIN FLOOR PLAN ~ " < w i ~ ~ i i i i 2 SCALE: 1/8" = 1' - 0" S f PERRI 1 J { ~ ROW HOUSE S INDIVIDUAL UNIT: ~ ~ ~ u i LOWER LEVEL: MAIN LEVEL: ~ , ~1PPER I~EVEL• TOTAL OCCUPIED PER UNIT: GROSS AREA PER UNVT: _e r~ri~ TOTAL EACH BUILDING: 6 UNITS x 1536 S.F. GROSS PE 6 UNITS x 123Q S.F. OCCUPIED REVISIONS V r WAit ~.f _ _ I Ll J w w ~ t r~ ts.J i s i _L No. Description 's. i .,C } i i i r. i i- 1 1 UPPER FLOOR PLAN J- } SCALE: 1 /8'~ = 1 ' - 0'~ t 1 y-^ r° 9171 East `R . Englewood, P ~$~mgr (303) 649 Mana Group (303) 649 l r"'f f'Tl 1~ - OF DECK BELOW i w LINE a PERRIN'S ROW s ROV W. 38th AVE. & DEPEW ROW HOUSE FLOOR PLANS DEPEW ST. WHEAT RIDGE, COLORADO m 0 Designed By: PJB 0 Drawn By: PJB C m Checked By: PJB c 0 T 1 ~ » 130 --0 4 -~0 17 -0 17--0 17- 0 r ~ ~ I I 1 { ti__:_ w ma'r', pwa~wrs►ara~r+rr~rwrrr+w~mrawrrrrr~rasrrarrw«r~wswwa~w~wrarrrrrr• # ~ ear+rowrw~waAwrrrwira~rrrMrMrawew~w►arrrwrrrrrwrrrrrrawar~rrrar a co it I II I II ra11 I ~.r®rr___r_r e +arwrrrrrrwanMerrrrsnreerwraarrrarwrsaw "'M°•°'~ ~a~wm*~«w+nriras+arr*rwwarearrrrrrwrrwr~r~rrrra~rr~rr rrrra AB I ~ i i i i i~ i i i i EI~E~V. L~ ~J L~ ~J L~ ~J L~ ~J L~ ~J L~ ~J Y o r 't V ~i t~., J - 1 U ~ i i - ' i - ---1 - UP D ' ' i I I I i ~ 1 I I 1 ~ I ~ i iii ~ ii I I I ~ I I I I I ~ iiii iiiii a' 1 RETAIL FLOOR PLAN 2 LOFT FLOOR SCALE: 1 /8 - 1 - 0 NOTE: FINAL FLOOR PLAN TO BE TENANT FINISH. SCALE: 7/8" = 1' - BASEMENT `i . i 0 PTI 0 NAL BAS 3840 S.F. N .F. MAX. ;L 1 O i O CZI O ti ELEVATOR (~J O EQUIPMENT i r s CD ROOM O C 7 Q1 3 -t-~ N 1 d 1 v-- n - - - - - m o iv Q, UP a - - H -----t----- n ._..l _ .W......_ Ivi VTR ' f uA Fax. (343) 770--3636 Q7 C C C fC3 r-'-€ RE RETA! L/ LO FLOOR PLAN O N N C73 BASEM0\4 "T FLOOR PLAN W. 38th AVE. & DEPEW ST. SCALE: 1 8 = 1 - 0 Designed By: PSH 077 C CD Drawn By: PSH u Checked By: PSH v 9 6 T.O. T P RA 1 fl 6 126' T. f ff a r 122' } rf y f1 ,..W flr,. ~L, 1~, tS....,5 "f( 7 j,~v ~ ~2! j~ tai t f~~ Y ttf ~4 } ~ i"c ~1 dJ ..C ~~7 ,k; t4 +~Y 6 f S.' :,~3 „ f a Vii-.. ~t~~, .s i~«....E~.~... 3 UPPE 113' 5 ~ » ~ 2~ 1~ aDa $ Y k ' ~.e. t~ t ~ 3 ~ ~ Cy ~?j ~.o n ~ ~ 1 ! ' i t sv4~js ~ ,a,$~y KITCHEN y Y I J 4 & t` 104'-6 5/8,. 0000 cJv J *un,* y1 ~ ~ ;u a lxs~ J E; ,~~pl ~N 3 °o 0 ( ~ ~ fn r kf. c { ° ° M 0 f ~s s » a » s is ROW HOUSES CONDO/RETAIL BUILDING 4 , . _ ~ ~ 100'-0„ ~ ~ ~ GARAG E 5~ 95-6 ~ ~ • _ L----------J LOW 90' 38th AVE. - SIDE ELEVATION (EAST) ...m. ~ = X L... 1 2 1 SCALE: 1 /8" = 1' - 0" (DEPEW ST. - SIDE ELEVATION (SOUTH) SIMILAR) a a t i I ' 1 _ E ~ t ~~Y I *i ;r 18 ~r..,l 1..- I ~Y T . aij 1A 3ai I /f~. ~ y ~ ~ F.. 5 : ~ K l.~ ,l^9'i I j I~.4VrC ~i7n1\J~ ~5~'u~'y`Xi➢A / 1,+(U 1 2 ~ I~ ~ 5.~.. 3 } j•. 't A(f f?< ~ ~ "r ~:i~,n bane.}} i.3ti ~~'^~C~~YY+ t ~ f G~ n.J} 7Cxv~,r - f~+~ u kS ~ -i Yi~ 4 r ~t ~ t. ~ ~ ~ 1'+ eSr. r? ~ smc-r• ~ - ~4 ~h i g~g~ Si jp ~ %Sr E.,~irx p i '1 F• ~u rr 5 y r ~ - r i r__-~ r ~ ~__J L.®~J ~~1 i~ 91 1 )1 scaL~: 1 ~ = ~ - a i i _ i i W 0 U O y-- C7 i ("tJ ~r O C~ Cl.l C7 C? ~ s ~ o 0 q q ~ 0 q q q C77 ~ ~ j ~„at: ~o-! •~5., ;~,~,~:zY~f ?'tdxC^r;;:~:+.e~;±y;~ Q r r ~ ~ ~ ,J t'; ? }}~.r~ ~.,w:uc,. (r..::a,P ~nmra r' g x j k xc' srt z•~.»T a-vM1til ~ 3i ! k V) Q A p; ?1 4a~.y. unv ~i Ea~wecaY :;mmuW~ ~ j,; ,u r., 1 { ~y~ l fr If nl l ' J ,3 r~,?~ ,.e ;rani. i~.-s r}.c.. Xi ~:IS ~(j © 7E ,i 4 y . FI m ,.r w r w rr ■.wwm W. aara e• .M.a •rMr/ ® . DEPEW ST. - REAR ELEVATION (WE SCALE.- 1/8 1 0 ~ F k r1 f i 4 i a as .r..~. .~~rr t , ~ ,K y. I t x< .,I t ^'x ~ ^w ~ ~x.K ~ r t~, 9:.,;'t s 'aim ~ya''t~ t .,SY -..F".„n '~~3~, fJl Y3 4}~ tf :F~' ~ 5;c a1 { air r}~t+~ 1 Flt i~7>, .t ~'y , ~ s nY'. r^ ti.~µ r^n s %.,.y;,« x ~^G1^~.`~ Z °1P"~,mt.~ , S }e ~ ri t 4 A~ 4 i f L'J 17 k r r ~~~A. I r e .J °f ,~F 1 a t% !t 1 +"c j,4 k i;~ Est (<t t i~~ tfv:. i 7} i 1~1 t 4. z{; ~i$ ffR zl~; 42 ;~f c?~ t~ i;3 ~t f` Z=i cogg .ii ' P f, d rid f~ :rt : iS ? :j tt zx 1~ F of _s-_- a s a as ~ x, ~ 4 v~ t ~Y~r h - t ~ " t t 1 ..t ,..1E '~t(~ nk - }.w 4..: .~,i f ! 7 t~; ~~7 j' tiY f 7'. 7 f ~ T` ~.t . 3 e ~1 ~Y 7 ` (a ' ' ~ } 7 S~ ,r k4 r, s as . u r, a r t 1, t. nit a t' X' ' ~t~ t t (S'tAo y ~ ''7 w? ?_i2:~ a ~ ~ ~ ~ ~ ` i~.. i.`; `G 7 z 7 t.: 1 ~ ;f. a s 'i .ii ; ~ i F;~ r, ~r s' ~ , >!s' ➢ rt S M as ~ Y. ,t!' y 'r.j 11 } },r ,`i f' ` ~ _ a » u~- ~ i _ I-- T_-i-i~-..a - _ _ i • r Qfa _ 8 9> } J a sa s 1 _ ~ i. P a ' y ;i;i 1 ~v~. o `s ! - ":i gt.s~ 1A.(3µ;-~ ` r .ti~ ,w~~ <er ~ ~1-- i i ~ ~~t1 i .:1:" ~i~ ~ 9t ~ , s ~ y,.. s" _ ~ i~ ~r~ ii t: t t,j 5 r r ~ ~ s >kF F S; ~ i a ~ f,.i 24 l n n a n a'' n a n a T K Y A t-~ a ss , L_ R ry, i J 11 ~ 1 ~ 2 ~ ,s ~ j< s 7 tip ~J t (f~ a s At ~..J _ . J , _ 9 _ y.. . v. ji' i 1~'~ l ~ 3, ~ fit r { :i ~ ~ ` f ~ ~ ~ ~ rS3 ; r: ~i 1 i:r :;i iit ~ ~ ! i ~f; E x; a.. ' ':l ~t s f1 • a . SCALE: 1 8 = 1 fl 9 9 . ~f s » 1 .Q A S P sa 7 Lr 6 14 J c~ l l ~ FI~1 F s cv ~ C i i 0 1 CY7 ~ n SCALE: 1 S - 1 - ~ c Q ® 4 ~ I ~ ' r-i m I ? w ~ 15 'IV Vr oDUIFTW ~.5u.s b49-956o oc M ana ement Group (303 649-1283 r, T.O. SILL (PROPOSED) ~ FINISHED GRADE FINISH HIM FINISHED GRADE 101-4° FINISHED GRADE 1001-0" 1~00 I_ m 100 #-of$ 100 t-olp 0 N FREESTANDING COMMERCIAL FREESTANDING TRASH ENCLOSURE ELEVATION ~ MONUMENT SIGN ELEVATION 8 DEVELOPMENT SIC m 6 SCALE: 1/4 " = 1 ' - 0" =-ar CD r CALE: 1/4 1 o" CALE: 1/4" 1' 02' O _ 3 - J!i 1 ■ COMif1ENCEAlENT W NW CORNER OF THE NE 1/4 ~~o OF SECTION 25, T.3S., R.69W.. ~ ~ ~ OF THE 6TH P.M. (FOUND 3 1/4" ~ DRASS CAP LS. N0. 13212 IN ~ ~ r~ RANGE BOX) tp ~ I I x ~ i 3.00 ----+--I----------------------- cD PO/NT OF ~ ~ o i i BEG/NN/NG N89°59'58~E_ ~ 27.gg ~'`~-N00°00o0;2"W 3' SIDEEW~ PERRIN'S ROW SUBDI A RESUBDMSION OF LOT 1, BLOCK 1, BALMAR CO SITUATED IN THE NE 1/4 OF SECTION 25, T.3S., R.69 CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STA SHEET 1 OF 1 FOUND CHISELED CROSS - (REC. ALSO FOUND W.C. 5/8" _3.42 I I S~ PIN & CAP L.S. 9010 ' ~ ~ ~'"~5p„~~`E i (1.93 S QF CALCULATED 3 •60' POSITION) ~ ~ N89'S9'S8"E - --1 _ _ Y I I 25.00 ~ i p I I I I I ~ I I I I I ~ 12.00' I I I N89'59'58"E 2648.16' (BASIS OF BEARINGS) I I I I ~ I I ~N N I I CONSOLIDATION PLAT Z I I fro O ~ ~ ~ .69W., OF THE 6TH P.M. LEGEND W I I I STATE OF COLORADO ~n I i i W e (BY PIAn PER THE PLAT OF BALMPR o 12--t-DETENTION POND-~ j o CONSOLIDATION PUT ~ i I EASEMENT "A" ~g I I ■ . ~ ~ ~ w Z I ~ ~ w ~ ~ O ~ I I I I i I N89'59'S8"E Q o ~ ~ ~ 10e50 O~ i i N i i i i i n~sorooroo o Q z I I R=7.50 ~ ~ R_ W I I L=11.78' ~ ~ ~ t L- I I ~ I I ~s- ;1 a ~ ~ r ~~~~I~ S8 ~ W ~ ~589'59'S8"W 65.01' ~ Z w i I ~ ~ I I ~ ~ I I 0.0176 ACRES u,i Z~ i~~ T v~ ,.rn~v .itw.v ~ ivi~ ~GV~ E E ~1..I~vt.. I~VV 1 / v,J 1'"4LVI~iU Jt~11V T~'"~~S E~ASEME~T 1~'"'~~ i r- a p • I Si ! 7 7 t l~ i T rl i f T7 TT ~l S'iT ~ /°1 P1 i l i i i° x'11"1 i ~ t t 1 F^. T / 4 !4 if sM+~f f a ® ' . ~ - ' °~r.a, Z~ i i ~ S89'59'58'1N 51.00' . _ e , ~ w~ NNING. pa~~iN~ ~~e~r~NC~ i ~ W , i 0 o LOT 11 W ~ 6' PUBLIC SERVICE -COMPANi' EASEMENT BL OCR 1 0 ~s5 sQ. ~r. ~ `n OR i ~ ~ (BK.691 ~PG.136) ~ 0.0178 ACRES 0 i t . O ~ i Z S89'S9'58"W 51.00' ~ i o LOT ~ 765 SQ. F7. v}, I OR i 1 0.0176 ACRES S89'S9'S8"W 51.00' N M LOT 13 1>113 SQ. fT. 12.00' I i cv OR 0.0256 ACRES ----L--~------. o S89'S9'S8"W 51.00' S89' 9 fi f ~i N 25' LANDSCAPE EASEMENT (BY PLAT) { d . i i l ■ F' _ Gr I y' S89'S9'S8"W 305.99 FOUND 5 CAP L.S. a' FOUND 5/8" PIN do CAP l.S. N0. 9010 (0.10'W i f t• f ~R , OF CALCULATED POSITION j ,t i s 4 . 1 - - _y. t i _ i. A j -y i ~ . o Li1TF A~' .qV f'~iIT ° P1~19~t+0ITig1t• AftR!'~/21i 2l~V"f v J if 4 °cv' RICHAR'D D. ONESLAGER, JR. 7853 EAST ARAPAHOE COURT, SUfTE 3700 ENGLEiw40D, COLORADO 80112 Q, PHONE 303-221-49 8 0 1 +l~ _ 44TH AVE. Z o ~ ` 1 ~ > MEGABPJVK 1 + ~Z tj m 8100 EAST ARAPAHOE ROAD ~ ENGLEtN00D, COLORADO 80112 V r j Z PHONE: 303-740-22E;5 1 7 -3o D ,S7AQl'F~7YP E!' f~14~P~yP~1P." 41ST AVE. w BRETT L. MILLER, PLS N0. 27609 r '""z - ~ s` Q- ~ FOR ANA ON BEHALF OF --8s 38TH AVE. ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SURE 126 N AURORA, COLORADO 817012 o, PHONE: 303-337-1393 c - V c~i~ u~i ~T ~ ~1 zg zo ~ 6 INGER~SE~~EE~GrRESS yyEST 38TH AVENUE H15 UU(:UMtN 1 ALL N I ALC.k.N 1 LU WK FILING IN THE OFFICE F THE UN % X^nr%r"m Ar- tf`r"ft "°r%e%^ ! r~r iaimm® ra" r. r`. ,-..a.,_. ~.a a ~ H CLERK AND RECORD ON THE DAY Q = ~ D i BOOK P~ r 1j 32ND AVE. soaav'02"E i ~J i JEFFERSON COUNTY F J 3 O J J BY: (j 1 m3 1 DEPUTY I Y1C11V1.rv MAP AEZA& `4 3 nor ro scWE scgcE: 1= /o' T 0 0 ~-r a ~ a 4 a I z Z r i l m F b ° v) Y C c C r~• . O LY yl as W W Lm m ~ w • ,a d Y v~ o z ~ o ~ as s a v a v N p • ` ut L ~~T dYn~ m m a ~ c ~ V N. ic %a.~ ~v L G ~ ts m>o ~sa a aovc ~ ~ [b i ~ u 'O c Y s N Y L u c o Y W L 6 O U ~ w 0` I O ~ y N y T ~ W Y Y O W f l. > J9 s I~ O W p W O C C O'L J y OO _ O m W c N W ~ ~ ¢p~1 d I ~ W c° cw`•`o ~ - U a v 6 u H\ W 'O m L W N C C R.rm W y~ r a - ON vm ~ao IA u z qQ W O S N w. .D Y? J N N W L Q6 'c+ F O n N h a• D F 'D `Y • d U 'DL O Y Y•n J 4 W W O OH H d L ¢ ` O Y O V (9 d d C L t Y GY- V J D d D L C .C N a•- ~-I~.I Y 4, 6 ~ w e a L W d LaL Ya m ~~1 N ~ ~ J! ~'yy ° Gt J W ° 4 U ry Mme. IA . Y Y C 3 • -O J .•G- W N ~ . ^ O O ~ J A N 4J 0 OI ~ .f 1i d. m R l d N W N ..O`xJ 'O O U xi O 4' P m$ 1 YI Ly~ N ~ v • NCN. 'p v a 3 y~ NN U a C ~N L01vw~ L W L~ %'J" ~ r . 'r Q r l yy ~ O 4 ° U a L j C 3 G Y •r U .r .p N O W a ~ ~ j ° j W U CY"O~ L N N am C O C L O I FY O Q W C C L W R d . d Y L 'O > m W O 'p L ' D Cl Tr-1 J Y . . •yl [ r l_ ~ O O N a m L •J mN N C W - J N': p-+• a p a C (y .O C N m m m Y a ~ } 'p b C.W] as (•Q y (I/~1 tt . FF ii ~ Y LL•T O Ft a Wa L 'D L LY~•S1 d l Y p q a . N Yw ~ S I ~mY1 I ° D L ~ 1' ~ a ~ J n a a ] J mNL F W ZW ~Er WWW Y O{Q 1°j d m f~l o~ w N C m a [aU'1 Q 6 1^ r~] O i W& E Y V [K 3 L.r S C R L A , d Y O N L~ 1-~ G Y F7 ~ C 3 u! .i` O' i LC O II] pp t+ L # d N pp~~ p .r 0 6~ R m E E D d W C . Q1 > L ~ J U a L a L U' 3 O v ~arwa v ~ v w N L S w Rpw a a D o 3 .p ~ a ucLd m 'a u 0 mazy La If)Z 'p pp J~ O zzzzV J - w ' O❑ LR.r LI~ U L N •p.r L p, Q ~ O ~ N C y Ld NOQ~Q L C'O1J W G O d?~Y.n ~"F v O aQ] i L a O I {1 { C L W yC d a. p D t R a E Qi p L O C/J F 1 ry~ 1 4'J VJ C 4 UE W L d Y JEY 'D ` F 1'N OFM • V - . YW ~ W W F~ O 4• ~ x YD- U o r O m H S L'21 y R V Ol L =C C v d 1 N 00 G 3 a d W a m Y L UJ C 4 ['J 0 N R O N L N Q a N l0 M! D I-I W (~•1 O W ANEW WW NOryFL o Y%~LYQi ' 1~ W 3 J~I~ z H. N Y ' j CO Y 'G N O C L x 'O .r E d C% d E m 3 U' L pppQ ~~~iii~i d l~ L Y V ? `y Y F V _cn O. J y ^ y 7..rY L WL'ON Aa'Oaa/ 'fA L \ \ p j w O d -a LL~ ° ' o mm3 a acv WL W a ONWa +L C m O W \J ° J V N r F oaa i 1-c ~ P 4 m6 nm Q¢O .g O~ ~ ' N L G O O ZQ m ^m {J W N N a ' a N N•• d.. Y p W Q• s 4 Y a ~ y JCm %RO 6 d L d W 3 a cus ~ y d%~aE'U n' UY,N~ Q ~ J D m c~ GR ds LQh 1~¢ fl ,n U I zW Q v ~ L V ~ L N E F 'O L Y m Q, Y N D Y a•r . u .r N D [r J aL [J Drl . I'- N ~ - P F Q ' W Q u m O ' 6m R d V C R N T L ~F1 3 w % VJ W y % N T r ry U ~ y a ~y W j o Q " l C VJ J a N ° N m N a m L [y 3 W% v L D a 2 N Y O 'T. L . % 2 O M m .p s z F Q (n F y W m m L • d xi O. V c a w W L Y . , y wFl d U C ~ _ + CL W ~ ~ W~ N L 1AI• N ( J J ~1 0 N N O q ~~~~CC o Y O d r d r - /~"`~I L L G i' IE.I 6 O m L U G T <4 tl t ' U. `O - N ii O Na: N C Q ' d dL N u p V p ii a F O. I Ldw N~ w O EYJ..N.. E Yy mWr l L R V E R] fZ.' w ~ F14 S 9k y~ S y O Zi xm• O L L' O G ~"1 ° LY- 9 0Y d a R L dww C•Y.U mm LLU•-Wm 6 T L ~y E. N . u, 3 V' iG FG 30 YO. Lr.~b] W WYII. m Y w N N•r O~ w 1, ,x:9nnr 7N, M j ryN O ! 4UM~ m m F QQ P !Ln Z O iL O Z Z O ~F fL Lk 1 II Ni W pWq. ~ {5 rl oo N P4 Pi O d cr, ~ H o N ~ m p ~ c~ tk V ~ ~`O Pa ~7n H~~i V 7. a v! ~ ° V ry p yy~~~y Cq aQ m E Iqq F ~ GAS' ~ {-1 6 W iI~ H ~-7 ~j O it En 0% W 6 Obi ai M 00 o ° Hi o w N ~j m pppp,, y~yy j P Ft~ b ~ r~i C+~ ~aA'i W pfW"Eqr ,--L-AND USE CASE PROCESSING r,PPLICATION ofw"EgrP. 4o Planning and Development Department 7500 West 29' Avenue, Wheat Ridge, CO 80033 m Phone (303) 235-2846 ro oRPOo OOIORP~~ (Please print or type all information) Applicant Balmar Management Group, LLCAddress 5271 S. Yampa St. Phone 303/680-8620 City G n ann al State CO Zip 80015 Fax 303/265-9551 Owner Balmar Management Groun.LLC Address 5271 S Yampa St Phone303/680-8620 City Centennial State CO Zip 80015 Fax 3o-j/26-,-q-)9l Peggy Friesen @ Contact (,.l 1 A ;7 RQMA~Q s A 5350 DTC Parkway Phone 303/770-8884 eesAddress City-_9 reenwood V 173ge State en Zip stns t t Fax303/770-3636 (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.) Legal Description: Lot 1, Block 1, Balmar Consolidation Location of request (address): 5630 West 38th Avenue 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 tots) ❑ Interpretatioh'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: Rezone a t 4 -acre parcel to PD P" - n'+aA- r1 t and Final Development Plan for development of 'a mixed-use proiert at the atmtlixest c6ruer of West 38th Avenue &TDe ew Street. Required information: Assessors Parcel Number: 39-251-25-001 Size of Lot (acres or square footage): 61 153 SF Current Zoning: R 3r r 1 Proposed Zoning: PD-MU Current Use: Tin rl eve l aped Proposed Use:MU-Retail /Townhome / Condo 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. 'A Signature of Applicont Subscribed an " orn to me this //day of n /PR 1-(, , 2007- ~A~iZ /l1tX/K Notary Public///L/too L My commission expires 7 Date received F~cJ a_ Fee $ 06 Receipt No. -A D Case No. W7--4a -04 Comp Plan Desig. Zoning - C-~ Quarter Section Ma Related Case No. Pre-App Mtg. Date Case Manager C~ e r - 'la' T% Galloway, Romero & Associates V Design Engineering Planning 5350 DTC Parkway Greenwood Village, Colorado 80111-3006 (303) 770884 (303) 770-3636 fax E-mail: peggy_friesen@graa.com June 17, 2002 Ernestine Christman 3768 Depew Street Denver, Colorado 80212 Dear Ms. Christman The City of Wheat Ridge Planning Department forwarded your March 31 letter, which was written to them outlining your concerns on the proposed mixed-use project located at 38th and Depew. I understand you were unable to attend the April 2 neighborhood meeting so I have enclosed a reduction of the site plan and perspective drawing of the proposed development for your use. Please allow me to respond to the concerns outlined in your letter as follows: 1. Too many housing and retail units for the lot. The City of Wheat Ridge created a zone district for the mixed-use projects such as this proposal. Within that zone, the City also approved certain densities, which we meet. In other words, the City set the limit of how many units can be built within the land area in the proposed zone and this project falls within that allowance. This zoning district also regulates the amount of parking required within the site, which the project also meets. 2. Walk to existing stores in the neighborhood. You mentioned that you and other citizens live nearby and walk to existing stores in the neighborhood. This development will offer another retail component, which will give the citizens additional choices of stores within walking distance from their homes. Sidewalk connections will be provided into and around the site for your walking convenience. 3. Noise, traffic jams, pollution, overflow of cars parking in neighborhood, visitors to stores and dwellings, parking on street. The project has been designed so that no cars will have to park on the streets. All of the parking required for both the residential and commercial development is contained totaV within the site so there should be no reason for anyone to park on either West 38 Avenue or Depew Street. The development also provides the Z031.psf.Neighbor Response Lmdoc amount of visitor parking required bythe City for guests of the residents. Therefore, this project is designed in such a way that no parking on the streets is necessary. This project will not create a significant noise impact to the area. In fact, the new buildings will actually act as a sound buffer to the residents directly south of the site by mitigating some of the sound of the existing 38th Avenue traffic. 4. Wait time for the green light to access West 38th. Some of your neighbors voiced complaints of the traffic signal timing that currently exists at the intersection of Depew and W. 38th Avenue. The City's traffic engineer held a followup meeting to discuss these issues with them. The City traffic engineer indicated at the meeting that he was willing to look at the signal timing and adjust it if necessary. The existing street infrastructure will adequately service this development and the area. 5. Motorists running red lights. We agree this is a problem in all cities and unfortunately have no control over this issue. 6. Enough residential units and stores. The applicant feels this is a quality project that will enhance the neighborhood. The development proposed is less intense than what could be built in this location under the current zoning today. The proposal also provides development restrictions that will insure quality design and building materials to create a positive asset to the community. Thank you for your interest in this development project. We trust this letter further explains the intent of the project and alleviates some of your concerns. Please feel free to call me at (303) 770-8884 if you have additional questions or if you would like more information about the project. Sincerely, Galloway, Romero & Associates //J ,u Pe i en Project Manager Attachments cc: Meredith Reckert, City of Wheat Ridge Planning Richard Oneslager, The Balmar Group, LLC Z031.psf.Neighbor Response LV.doc I T T F4 0..n. / / I G~ / - , ISOMETRIC VIEW .o zwc PERRIN'S ROW PROJECT ISOMETRIC nr mmmi"Kil West 330, Avenue T e 0 0 00 0, w' - w. 01' wzr: r-ao~ m. m ~i ♦ I maa sm- lm0 I .I { !I r i . 1 LEGEND er orvaarrn O - m (D aw ® - zmTaw ,.a om.m~a,aa mu~`wa ,'T up Y Y~R6a µ 4 PD1, m CNY Mar nao-w ,a...,az ,r ec N101E enircmvemu m~ M awmo M • ,w. PLANT SCHEDULE a ..u+.tt PN . e ~ ~a ,mss ~ a mart sw.. am..c mwz!,,TMSO~mm va . WE w mwz TREE PLANDNG DETAIL man NOTES ~~~mtv mTImW r~.N gr[~rMt~vpi p~yvp ~vYVTU n M ~u n LMUnpArwwxN wa V+u uN' A zu[.~i,N m,nU~~vm K w[ 1 N,A.a ~9rYWY~Y.m M,va~u „/,nwa.mum a4 ¢nnCf uA 1M ~u[i K R'm.P A m~c"uemwo.r "..""w. m w:«°a w> „ om,u,.wa.a wavy ..o s ew•.o-..uww Awv~.maw. ru..rt.w.ma ..,c w .aa u m, r,i ,.w w r ww mi," •-w'r.°~m~"`~s.'.°Pwa .'w n ,.,+:i ro+oar ~zw wwm°rt`n.w.a•e mo.,a nw-a a ~ a .,cvM ~e~ az.v,rt a9104•'m o`,~ms n w~m'w,`~,~ :woiw+amnrsa ...ma wzw m. _ Aw-mz A.n mw wavrzrv..a`O"~°'rm°w~ ww.a'°> ai m m .w.a. aaw.... o ma aw. w..a9a..c ~1Oa. m~vwaza. xrawvs ~r_~mmz , - ,.ewm ..ao.. ,na v~.n aw.ne ~ 5HRUB P PERRIN'S ROW LANDSCAPE PLAN . aau .V . C. ! S. NOTE: SEE SHEEP ] FOR LOT CONMRFTION PHO FASWENIS, SEE SHEEP 5 FOR 1IR PLAN SCHEDULE 0. m......K. as w w m.. mi .w imm~s "c.m~am ..~o^~cM.sw rc cr e. rn.a ..o EO ro na .raem:e m,~.f,. ^ a : ` E OEW ON m. m m . im DRAWINGS GS '0' rus aw In.- D Q w. m¢s w ~ sw Qs' ow.a,m. rQ wanra an • mwm Q R.rArt u Q awm • wm, ra w. w+oc ® rim x~i nua lm.A ® un.,a ® mw n~ wnW pm. ]I ® art uar ln...W ®ctfp,M ,m rtM ..M mw.~¢M'na „~Ywl, ®sw,0 ..wm ,mn ® niexxf hwE. [On, m Rm[d.VL um, ® Wrt2 v/wwV,MrcV, macv[./,e' rta mrtul u~Wt lT/. 9 aQ ,uVM mm~am..u ®wN e<• u4 e' ® yM. Y~~ w M md~suv otMl/.w, tW ®,f „ fww[.° Wwm P M Munwr OIVaSUM rW rG ~nW,v19 N. aiawna, PARKING DESIGNATION EXPLANATION PERRIN'S ROW SITE PLAN 2 of 1 9z~'~ qew~,.~ r r r , 11 7500 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-CE33 13031 234-5900 cWheat City Admin. Fax A 2345924 Police Dept. Fax r 2352949 "Ridge POSTING CERTIFICATION 6 CASE NO. AZ-02-06/ONESLAGER NNING COMMIS$IO - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: June 20. 2002 I - Pe au Friesen. Gallowav Romero & Assoc., as authorised agant: for Balmar Management Group, LLC (owneip a m e) residing at 5450 DTC Pa kw ay Grc>enc nod yi l l gg CO Ali l l (a d d r e s s) as the applicant for Case No. w7.-0g-0r1oNPCTArFU hereby certify that I have posted the Notice of Public Hearing at Southwest Corner of West 38th Avenue & Depew Street (1 sign per street frontage) (i o c a t i o n) on this 5th day of June 1i"9'2002 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the publ c hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. - - - - - - - - - - - - el M C-1 <pc>posting rev. 05-19- I~ 9 LUEBKE APTS ~IIf'KI wza,-zs R-1C ~I~I4• 3115 a 711-4 R-2 0 ffig ssto U fl Im Qi S n ---T=4-~jl FAC.W 6 A-u f- . YEr~.i ~6 ~w ~ z I FA6AIC-r- :P>F.OEvv sT-- Peg-lz. r4 - Po') ao v [ 7500 West 29th Avenue The City of Wheat Ridge FAX 303/235-2857 June 6, 2002 Dear Property Owner: This is to inform you of Case No. WZ-02-06 which is a request for approval of a rezoning from Residential-Three (R-3) and Commercial-One (C-1) to Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38`h Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on June 20, 2002 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C,V athyTC"TSNLANGCOrvNcnotice@002\wz0206.wpd D m N =I C m ~ a d ~ C ` W N N 2 m ~ a a . ~ ~ D a ~ a C Q 0 u : a i ~ a m c j Z - ml d ~ p G 7 I dl 4 \ K K y ~ m ~ 1I1 C yl aN5 0 N 1 U L 0 ~ oac E 0 .0 m c_ = " a u co m m m m ~o m m m a~ X U m y y N O N O N O N O N O N O N O N O N O ~ V u O 0 a N O N N N N N 6 C "O N E O. N M p y O N N O O N ` U O M m- N a N O N O Z a O O y N _ C O U N O N M tQ MNO NQ UlQ c y<O . y,C N yfn~ -amjN~ NUo d - y w U) 0 U N 2 HLO 0 0 mL 0 0 y m 0 250 U 0 m30 a m U z30 m 0 m3a0 m y ` D ro L M rn u) m0U 5 OM 0 5 M li~U F M v MU N N m 0 m°aro > ~ N r w a m~:3 a7} A E~"o LLl p~ ~ c~ao y a3v m m0a W 0v 0 d0 d L d y N d m N Q m r a t0 - m a N m N N N N r "4 V) a m L N U M m M :g J <U am a U K ry W K L D m y . N(O m 'i' c (O Z N r m W Ulp m ~ ¢ N N y J >N m ' f6M t0 M A UtMO Z ~ r a w g L Q NL L ~ UJ J L m G a m m m Q L G y K o Q C7 Z C ? Z y C i i 3cl w c m~ m r O 0 fn ~ C m m X U c~ i m ~ w ❑ ❑ ❑ ® ❑ ❑ m z V N O r N O) O N m U M M M M M M M 1N+1 cN'l W N a m o o m o m v v a a v o a v co ro m m m $ ~ m m m m m rn m rn m W O a E o M 0 M 0 M 0 M 0 M 0 M 0 0 0 0 , V b M 0 M +1 1 Q Lu Z O O m m N t 0 N O W p n n n n r LL N va Z z a z N O Ca F W b0 .5 U Q, ro D v U n ~ 0 E. F0 v C U U) T N N .-1 N 5 z H D d N C d J d ~ C ~ C ~ y N U ~ J m n ~ J D a K a i c - ¢ m u Y : i a z a m 0 Z ? mi m rc v ~ ~I t ~ I i N ~ O N ~If 5 ~ y " - N ay O 0 0 L N N E 1C o E m m w = y r D= at y U O m O N D N N ~ N ~ t Q m U U _ C N a N b i G w a ~ ~ Zap ~ D moo O y w H `QO °'vm ws0 m F M U c n U ~ ~ s3 m O m9 yN, m m N Q mm oW o O ~ U N--O - n N J N m ~t N m N'p Ut2 a 3 Um W fL C y N a i U N Q Q F_ E N N n 2 C O J N w o d' ~U C) w E ❑ ❑ ❑ ® ❑ ❑ z d a~ M d M U_ W r cv r a 0 0 0 a p co m TWO a E o M 0 V 2 m m Q Q W n LU (D r p ~N2 o Z o Q U a o W z z o= m Una a 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 June 20, 2002, at 7:00 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 petitions shall be heard: Case No. WZ-02-02: An application by Roger Loecher for approval of a rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of a preliminary development plan for property located at 3502 Wadsworth Blvd. Said property is legally described as follows: ALL THAT PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. 1350 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER; THENCE NORTH ALONG SAID WEST LINE 190 FEET; THENCE EAST 175 FEET; THENCE SOUTH ALONG THE WEST LINE OF PROPERTY DESCRIBED IN BOOK 1494, AT PAGE 134 A DISTANCE OF 190 FEET, TO THE NORTH LINE OF WEST 35TH AVENUE; THENCE WEST 175 FEET ALONG THE NORTH LINE OF SAID WEST 35TH AVENUE AND THE WESTERLY EXTENSION THEREOF TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THOSE PORTIONS THEREOF DESCRIBED IN BOOK 1185, AT PAGE 428 AND IN BOOK 1185, AT PAGE 430, ALL IN THE COUNTY OF JEFFERSON, STATE OF COLORADO. Case No. WZ-02-06: An application by Balmar Management Group, LLC for approval of a rezoning from Residential-Three (R-3) and Commercial-One (C-1) to a Planned Mixed Use Development (PMUD) and approval of a preliminary and final development plan and final plat for property located at 5630 West 38th Avenue. Said property is legally described as follows: Lot 1, Block 1, Balmar Consolidation Plat Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: June 6, 2002 Wheat Ridge Transcript C: Kathy\PCRPTS\PLANGCO7MPUBHRG\2002\020620.wpd City Wheat Ridge Department of Public Works MEMORANDUM TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer j DATE: Thursday, June 20, 2002 SUBJECT: Traffic concerns at 38`h Avenue and Depew Street This memo is the assessment of the current traffic conditions for Depew Street in response to the concerns raised by area residents at the neighborhood meeting on April 2, 2002 for the Onslauger Development at 38`h and Depew. This assessment will discuss the traffic volume on Depew Street south of 38 h Avenue and the review of the accident history of the intersection itself. In brief, the traffic data volume collected over a full weekend reveals that peak hour volumes do not pose any major traffic queues or congestion at the intersection. For the purpose of a thorough traffic volume assessment on Depew Street, the data was collected during the weekend to also capture recreational traffic since there is a park nearby about 3 blocks away from the intersection. Panorama Park was in full use during the collection period. Furthermore, in an effort to verify weekday traffic conditions, the intersection was observe numerous times at different times of the year. This includes different hours of the day, including peals and off-peak hours. Traffic was very light on Depew Street during all of the observations. The full day volume on this street is comparable or less to the volume of other similar local streets that intersect with a collector street such as Teller, Reed or Upham Streets, at 38`h Avenue. These streets operate at adequate capacity and modest delay during peak hours without a traffic signal. Currently, the traffic signal at Depew Street provides a better operating condition than the other similar streets as mentioned above. Another concern was the lack of a turn lane on 38"` Avenue at Depew Street. Drivers are concerned that left turn vehicles may get rear ended since there is no turn bay to clear vehicles from the thru traffic. Traffic accident history was researched and analyzed to determine if this currently posed a problem. The study period goes back to about 6 years worth of records. There was no accident pattern that would suggest such problem. In conclusion, field observations at various times and the study of traffic volume and accident history uncover that Depew does not experience an excessive volume to saturate the intersection which can lead to capacity and queuing problem. In addition, the accident records shows that it does not manifest a safety problem because of no turn lane available on 38' Avenue. cc: Mike Garcia, Development Review Engineer z O CD 0 9 O 00 N F ~ m nCL o C N O N O O. 7 ~ 3 ^ CD N o O O N (D 0 O Q S (p 0 O O ~ fD ~ W n 9 o m S m o 0 3 v~ ov a~ c fl: CD m N OWO O. 3 N G (D C (D CD (D O N N @ 3 www~ ~ w ~ S 00 Dye .CpcD D m N A J A 0) _ O O O O0 N N A 2 0 v _ N N > O t0 O) J W (T A W N> > O tD W J 0 CT A W N> Co CD a Ut N N A W O) N A O) J OD O) N O d) W N Ut A N Oo O OD (P O) W W A O> A N Ou > A O O N O c0 > W O) A (0 r2 C N N C N 3 ~ W CT W N W O O) A A T J W O W W WW> O OD J M O) > d) do A A N J CT > W d) > A W W W A tD Ur (T 4 A O 0 S 0 O W N COT N ? N W w W A (OT W~ W- W N N ? V W J N O O > N 0 W A W m 0> A W -j 0 m 0 W N > tP O O) W A-4 -4 M -4 W AO>>N(n W O)JN W W W O O Vehicles 0 0 0 0 0 0° 0 0 N Cn N ® ~ 00 - //n~ VJ CO) O O mm CD O N ® 0 O .-r of< ® 3 j ® ® D < ® C CD Co !D 0 0 O C n O (D 0 O N CD M N -ROM :OLINHOTELAPARTMENTS June 17, 2002 FAX NO. :3038322031 Jun. 17 2002 09:51AM P2 Laurel Vance 3708 Depew St. Wheat Ridge, Colorado 80212 The City of Wheat Ridge 7500 West 29' Avenue Wheat Ridge, Colorado 80215 To the City of Wheat Ridge: I have lived in my apartment for about 2 and 1/2 years. I have enjoyed the quietness and being off the main drag of 38'b Avenue. The immediate neighborhood is residential and ideal for those of us who do not wish to live in constant activity. I am very alarmed that there is a proposal to develop the large lot on the southwest corner of 30 Avenue and Depew Street. If this plan is approved and goes forward, the traffic will increase significantly on Depew Street and cause a considerable increase in the exhaust and noise pollution. I work in Denver and travel 32 ° Avenue to drive to and from work. The strip between Perry and Irving Streets is very congested and highly polluted. I would hope that the city of Wheat Ridge would not inflict its residents with this type of development in a quiet stable residential area. I request the zoning for mixed used on the above cited location not be approved. Thank you for considering my written objection to the zoning change request Case number WZ-02-06. Sincerely, eel_, ~ . Laurel Vance (303) 861-8052 Work (303) 422-5859 Home 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 June 13, 2002 Mr. David L. Jones, P.E. Galloway Romero & Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Re: Perrin's Row Subdivision, W. 381h & Depew Street -Second Review Comments of Final Drainage Study, Grading & Erosion Control Plan, Subdivision Plat & Construction Plans Dear Mr. Jones, I have completed the second review of the for the Perrin Row Subdivision received on the following comments: Drainage Study (Discussion) Approved Drainage Plan(s) Approved above referenced documents June 11, 2002, and have Street Construction Drawings 1. Please provide dimensions for the detached walk along Depew Street. The transition area needs to have dimensions to determine the alignment. Also, please show a detail of the transition along Depew at the south end of the drive cut. 2. The Plan and Profile sheet for Depew Street shall be submitted for review and approval prior to issuance of a building permit. 3. Please include a typical pipe trench detail in the construction plans. A city standard has been enclosed for your information. Survey Comments Final Plat/ Final Development Plan Comments: 1. The Perrin's Row Final Development Plan shows a detention pond in the northeasterly portion of the Subdivision. Therefore, a Detention Pond Easement "C" will need to be indicated on the Final Plat in this area. The Detention Pond Easement may overlap into Lot 7. To protect the owner(s) of Lot 7 from any liability arising from the maintenance of Pond "C", some language may need to be added (as a note) stating that the detention pond areas will be maintained by the Homeowners Association. 2. The easement for the property to the west will be required prior to City Council hearing. Any questions related to these corrections can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2858. 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 and has the following comments: 1. Channelization.striping will be required to provide a left turn from Depew Street. (On final construction plan set) 2. About 85 feet of the approach will be restricted to parking by means of signing on west side of Depew Street. (On final construction plan set) 3. A signing and striping plan will be required to be included in the engineering plan to address item 1 and 2. (On final construction plan set) 4. Typical street section will need to be provided for both 38th Avenue and Depew Street. These should be included in the detail sheet. Please note that the FDP reflects a double left turn from southbound Depew Street onto W. 38th Avenue. There should not be a double turn left. This shall be corrected prior to City Council hearing. Traffic Planner A copy of the construction plans has been forwarded to the City's Traffic Planner, Mr. Dave Mentor, 303-235-2866 for review and had no comments. 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. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the W. 38' Avenue and Depew Street right-of-way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 25%, will need to be submitted by the owner/developer for review and approval. 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 third submittal. If you have any questions, please contact me at 303-235-2868. Sinnceire/ly, Michael Garcia Development Review Engineer cc: Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Dave Mentor, Traffic Engineer Meredith Reckert, Sr. Planner File Oneslager review2.lt CONTACT NUMBER: 2 DATE RECEIVED: June 11, 2002 DATE REVIEWED: June 13, 2002 SUBDIVISION NAME: Perrin's Row Subdivision SURVEYOR: NAME: Brett L. Miller. P.L.S. Engine ng iService Company ADDRESS: 1300 South Potomac Street. Suite 126 Aurora. CO 80012 PHONE: (303) 337-1393 FAX: (303) 337-7481 CITY REPRESENTATIVE: David F. Brossman. P L.S. REMARKS: 1: 2: 3: 4: 5: 6: 7: 8: The Perrin's Row Final Development Plan shows a detention pond in the northeasterly portion of the Subdivision. Therefore, a Detention Pond Easement "C" will need to be indicated on the Final Plat in this area. The Detention Pond Easement may overlap into Lot 7 To protect the owner(s) of Lot 7 from any liability arising from the maintenance of Pond "C" some language may need to be added (as a note) stating that the detention pond areas will be maintained by the Homeowners Association PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL SURVEYING REPRESENTATIVE: Brett L. Miller, 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. City of Wheat Ridge Planning and Development Department Memorandum TO: Greg Knudson, City Engineer FROM: WMeredith Reckert, Senior Planner SUBJECT: Case No. WZ-02-06 DATE: June 11, 2002 Attached are copies of the revised submittals for distribution. Included are the following; • transmittal letters dated June 10 and June 6 • two copies of the final drainage report with redlines two copies of the preliminary development plan two copies of the final development plan with original redlines • two copies of the plat with redlines Let me know if you need anything else. SUBJECT: Case No. WZ-02-06 DATE: June 10, 2002 As you know, the case referenced above is scheduled for public hearing in front of Planning Commission on June 20, 2002. I will be writing the staff report this week for packet distribution. Revised drawings will not be resubmitted until Tuesday, June 11, or Wednesday, June 12. However, attached are the developer's written response to comments generated by both Planning and Development and Public Works Departments. Please distribute the response comments as you see appropriate. FROM: Meredith Reckert, Senior Planner Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Greenwood Village, Colorado 80111-3006 (303) 770-8884 (303) 770-3636 fax E-mail: peggy_ftiesen@graa.com June 6, 2002 RECEIVED Michael Garcia Development Review Engineering 7500 West 29th Avenue p~ Wheat Ridge, CO 80215 e e Re: Perrin's Row (West 38th Avenue & Depew Street) Response to May 17, 2002 Comment Letter Dear Mike: Thank you for your May 17, 2002 comment letter from the first review of the Final Drainage Study, Grading & Erosion Control Plan, Subdivision Plat & Construction Plans for Perrin's Row Subdivision. The drawings have been revised to address your comments. The following is an itemized response to your comment letter: Drainage Study Comments: 1. Per previous discussion between you and Larry Parker of Galloway, Romero & Associates, a stormceptor system will not be provided for this project. 2. The manhole and storm sewer pipe is relocated into the City right-of-way as requested. 3. Advisory comment for final approved report. Drainage Plan Comments: 1. Not applicable per item #1 under Drainage Study comments above. 2. The requested storm sewer has been relocated on the Site Plan, Utility Plan, Drainage Plan, and Storm Sewer Plan & Profile. The note regarding landscape replacement has also been added. 3. Sheet 3 of 4 has been revised to provide the Plan and Profile for the storm sewer pipes located in the right-of-way. 4. Two signed and stamped sets of the drainage report and civil plans are provided in this submittal packet. Two signed and stamped sets of the drainage report and civil plans are included in this submittal. Final construction permit drawings including, but not limited to drawings for Z031.psf Response to May 17 Michael Garcia Review Letter Michael Garcia Perrin's Row Response to May 17 Review Comments Page Two curb, gutter, sidewalk along Depew Street, striping, water, sanitary, etc., will be submitted at a later date. Street Construction Drawing Comments: 1.The width of the sidewalk and the distance to the back of curb is indicated on Sheet 2 of the FDP. Detailed information will be provided with the final construction drawings when submitted. Survey Comments: Subdivision Plat Comments (Dave Brossman): 1. Non-exclusive easements are added to cover the encroachments of Lots 7, 8 and 13 into the common area. 2. The following note has been added to the plat: "NON-EXCLUSIVE EASEMENTS GRANTED ACROSS LOTS 7, 8 AND 13 ARE HEREBY DEDICATED TO THE PERRIN'S ROW SUBDIVISION HOMEOWNERS'ASSOCIATION FOR THE MAINTENANCE, REPAIR AND/OR REPLACEMENT OF COMMON ELEMENT IMPROVEMENTS CONSTSRUCTED WITHIN SAID EASEMENTS." 3. Zoning designations have been added for the adjacent properties. All lots in the proposed Perrin's Row Subdivision are zoned PMUD and noted as such. 4. A case history box has been added per the redline comments. 5. There is no overlap of the Detention Pond Easement "B" with the building footprints near the westerly line of Lot 8. Final Development Plan (FDP) Comments (Dave Brossman): 1. The complete Legal Description has been added to the FDP as shown on the plat. 2. The word "Subdivision" has been added to the FDP as requested. 3. The three non-exclusive easements requested are shown on Sheet 3 of the FDP and referenced by note. 4. HOA maintenance notes have been added on Sheet 1 (Note 3), and Sheet 3 (Note 2). 5. The date of preparation has been added to the FDP. Preliminary Development Plan (PDP) Comments (Dave Brossman): 1. The word "Subdivision" has been added in the title on Sheets 1 and 2 of the PDP. 2. The date of preparation and revision date have been added to Sheet 1. 3. The complete legal Description has been added on Sheet 2 of the PDP. 4. All existing and proposed easements are shown on the PDP. Traffic Engineering Comments (Steve Nguyen): The following changes appear on Sheet 2 of the FDP: 1. Channelization striping has been added to Sheet 2. 2. Schedule note 36 has been added regarding the parking restriction on the west side of Depew Street. Z031.psf. Response to May 17 Michael Garcia Review Letter Michael Garcia Perrin's Row Response to May 17 Review Letter Page Three 3. Final construction drawings containing with the permit sets. 4. Detailed typical street sections will be submitted with the permit sets. a signage and street plan will be provided provided in the final construction drawings, 5. An easement is dedicated by plat and shown on the plans for the detached sidewalk on Depew Street. 6. The trip generation worksheet was created for the purpose of answering questions at the neighborhood meeting and not intended for a formal review by Engineering Division. As you recall, the City previously agreed to waive the requirement for a Traffic Study in exchange for their needed easements for the street improvements. In honor that agreement, we are not planning to submit additional standard traffic data and analyses. Traffic Planner Comments (Dave Mentor): 1. The sidewalk dimension was corrected on the former Sheet 5 as requested, however the planner requested that this sheet be removed from the FDP set. This sheet will be included in the construction set. 2. The Subdivision Improvement Agreement was forwarded to the applicant's attorney for review. This will be executed upon City Council Approval. 3. Application for Minor Dumping/Landfill Permit - advisory comment noted. 4. Public Improvements Cost Estimate and Guarantee prior to construction- advisory comment noted. 5. ROW Construction Permit(s)/Licensing requirement prior to construction - advisory comment noted. All redlined drawings are returned with this resubmittal. Please let me know if you need any additional information at this time. Feel free to call me regarding any planning questions or Larry Parker at the same number regarding any engineering questions. We appreciate your expedient review on this project and anticipate the Planning Commission hearing on June 20, 2002. Sincerely, Galloway, Romero & Associates Peggy Friesen Project Manager Enclosures cc: Richard Oneslager, Balmar Management Group, LLC Z031.psf Response to May 17 Michaei Garcia Review Letter Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Greenwood Village, Colorado 80111-3006 (303) 770-8884 (303) 770-3636 fax E-mail: peggy_fiesen@graa.oom June 7, 2002 Meredith Reckert City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Re: Perrin's Row Subdivision (SWC W. 38th Ave. & Depew St.) Response to City Comments Dated May 12, and May 20, 2002 Dear Meredith: Thank you for the review comments for the Plat, Preliminary Development Plan and Final Development Plan for Perrin's Row Subdivision. The plans have been revised based upon the comments. Following is an itemized response corresponding to the various comments received: SUBDIVISION PLAT COMMENTS: Planning Plat Comments - May 12, 2002 (Meredith Reckert): 1. The case history box and case numbers were added to the plat as requested. 2. Adjacent property zoning has been added to the south, west and east of the site. 3. A signature line has been added for the PC chairman. 4. The clerk and recorder's certificate has been corrected per current standards. 5. The surveyor's certificate has been corrected. 6. The dedicatory language has been corrected. 7. The 25' landscape easement will be vacated by the new plat document. The corresponding note regarding the easement has also been removed. 8. The city's language regarding the blanket cross access easement has been added. 9. The floodplain designation appears as the second paragraph under the "Notes" section. Engineering Plat Comments (David Brossman): 1. Non-exclusive easements are added to cover the encroachments of Lots 7, 8 and 13 into the common area. 2. The following note has been added to the plat: "NON-EXCLUSIVE EASEMENTS GRANTED ACROSS LOTS 7, 8 AND 13 ARE HEREBY DEDICATED TO THE PERRIN'S ROW SUBDIVISION HOMEOWNERS' ASSOCIATION FOR THE MAINTENANCE, REPAIR AND/OR REPLACEMENT OF COMMON ELEMENT IMPROVEMENTS CONSTRUCTED WITHIN SAID EASEMENTS." 3. Zoning designations have been added for the adjacent properties. All lots in the proposed subdivision are zoned PMUD and noted as such. 4. A case history box has been added per the redline comments. 5. There is no overlap of the Detention Pond Easement "B" with the building footprints near the westerly line of Lot 8. See Sheet 3 of 10 of the FDP, which shows the relationship between the easement and the building footprints. 6. We are working with the adjacent property owner to the west to obtain a 7' by 30' storm sewer easement required for the proposed pipe and manhole. PRELIMINARY DEVELOPMENT PLAN COMMENTS: Planning Comments (Meredith Reckert): SHEET ONE COMMENTS: 1. The title has been amended as requested. 2. The legal description has been moved to the first page. 3. A boundary description has been provided as requested. 4. The page number has been moved to the lower right side of the plan sheets. 5. The case number has been added at the upper right corner of the plan sheets. 6. The zoning designation has been amended in the "Statement of Purpose and Intent". 7. The zoning designation has been amended in the "Zoning" section. 8. "Lot coverage" has been moved to the "Lot and Building Standards" section and inserted under "Minimum Landscaping". 9. The "Permitted Uses" section has been amended as suggested with the addition of "condominiums". 10. Number 2 under "Permitting Uses" has been changed as requested. 11. Section 26-204 in the "Table of Uses" has been cited with reference to the RC zone district regulations. 12. It is important to the applicant to allow liquor sales as ancillary to a restaurant use in order to market to desired restaurants. This PDP proposes this ancillary use as a permitted use. This and other desirable uses have been added under "Permitted Uses", Item 3. 13.The applicant desires the flexibility to operate commercial uses on either floor. For example, an art studio would need the ability to offer the products for sale. 14. The applicant does not want to exclude the suggested commercial uses. 15. C-2 uses have been deleted from the PDP with specific uses from that zone district added as additional uses in Item 3, "Permitted Uses". 16.The minimum landscaped coverage has been increased to 15%. Please note that the definition allows the inclusion of public sidewalk in the calculation since it falls within the property lines. As you recall, this was a specific discussion at the meeting with the various departments prior to formal submittal. 17. The lot coverage by paving and structures has been reduced to 85%. 18. The compact parking allowance has been reduced to 35% rather than 50%. 19.The residential monument sign allowance has been reduced to 32 square feet as requested. C lpmgmm filesiquacommiecdor2 nailtaRac t~Z031.psr. Response Leger to May 20 CcDalents.dec 20. There will be no restriction against second floor signage due to the ability to have second floor commercial uses as discussed in item #13 above. 21. The south has been clarified as the rear of the building under "Project Identification Signage" - commercial wall signs. 22. There is a potential of two commercial tenants on the west end of the building. The 100 square foot allowance would allow these tenants 50 square feet each of wall signage on that elevation, which will be the most visible from the public right-of-way. We do not feel that is excessive. Using the current calculations, the 60-foot wide building would actually generate more signage allowance than we propose. 23. We cannot restrict the tenants to only one sign since this design creates two store fronts. This is a unique product since we are trying to establish the "historic" storefront presence along the public right-of-way but also provide store entrances near the parking at the rear of the building. 24. The note restricting window sign coverage to no more than 25% has been added. 25. Thank you for your suggestion for real estate and construction signage. They have been added to the sign section. 26. The proposed language under the "Sight Distance Triangle" was specifically written as such to accommodate the design of this mixed-use project. This flexibility is necessary for this project. 26.The tense under the owner's certification has been modified. 27. The "seal" location for the city clerk has been moved closer to the signature block. 28. A "Lighting" section has been added to incorporate the freestanding lighting height restriction. 29. The suggested lighting verbiage was added in the "Lighting" section as requested. FINAL DEVELOPMENT PLAN COMMENTS: Planning Comments (Meredith Reckert): SHEET ONE: 1. The title is amended as requested. 2. A boundary legal description is provided as requested. 3. The case number has been added to the plans. 4. The sidewalks have been included in the landscaping category and listed as "non- living materials". This was discussed at the pre-submittal meeting with the various city departments and I.thought we had agreement to do this since provision of the desired detached public sidewalks on Depew Street and West 38th Avenue fall within our property line, instead of in the public right-of-way. 5. The landscaping in the ROW is not included in the percentages. We revised the table to show living landscaping both on site and off site. Only the landscaping and sidewalk areas within the property lines are included in the percentages. 6. On-site landscaping has been broken down into living and non-living categories as requested. 7. The tense under the owner's certification has been corrected as requested. 8. The "seal" for the city clerk has been moved closer to the signature block. 9. The freestanding light height restriction has been noted as requested. 10. The exterior lighting verbiage has been noted as requested. C+.progmm flex\4 ako- T\ecC-0rema,Rattac1112031.{s;.Response letter to May 20 C~&cnents-dce SHEET TWO: The freestanding monument sign on West 38th frontage has been moved . SHEET THIRTEEN: Please note that this sheet is now renumbered to Sheet 10 due to the request to remove certain sheets from the FDP set. 1. The residential monument sign is reduced from 50 square feet to 32 square feet. 2. We are not able to provide any more details regarding the wall signage requirements as are already given in order to give the applicant flexibility in marketing his product. 3. The wall, arcade or projecting signs are restricted to no higher than 18' from finished floor elevation (first or second floors) as noted. Again, we do not want to exclude the ability to market the second floor condominiums to commercial uses. 4. The south side of the building is further clarified as the "rear" of building under the signage section. 5. Please see Item # 22 under Planning PDP comments above. 6. Please see item # 23 under Planning PDP comments above. 7. Please see item #24 under Planning PDP comments above. 8. Please see item # 26 under Planning PDP comments above. 9. The spelling has been corrected under the "Material Legend", number 16. An itemized response letter to Michael Garcia's May 17 comments letter is included in the re-submittal packet. Two signed and stamped sets of the drainage report and civil plans are included in this resubmittal as requested by Mr. Garcia. Seventeen sets of revised PDP, FDP and Plat documents are enclosed for your final review along with the redlines. The requested sheets have been removed from the FDP. We trust the revisions and response items have satisfactorily addressed all of staff's comments. The property was posted on Wednesday, June 5. The Posting Certification is enclosed as required. Please let me know if you have additional questions at this time. Sincerely, Galloway, Romero & Associates Peggy Friesen Project Manager Enclosures cc: Richard Oneslager, Balmar Management Group, LLC C:.program filasiqua:commleudore tnaRaunk2031,FSF Resilonse Lettar tO Nlay 2C Cc4.m09ts.doc The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 50275-6713 (303) 234-5900 WHEAT heat W City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRi dge June 11, 2002 Mr. Dave Galloway Galloway, Romero & Associates 5350 DTC Parkway Englewood, Colorado 80111 Dear Dave, This letter is provided at your request to clarify the calculation of density in the PMUD zone district. I am providing this interpretation based upon the ordinance as modified by Planning Commission and adopted by City Council. The first version of the ordinance did not contain any standards for such things as required landscape percentage, density, parking and setbacks. These were to be established and approved during the review of the preliminary development plan. At the first Planning Commission hearing, staff was directed to develop minimum standards for the district. At the second hearing these proposed standards were discussed and modified. One of the standards was density. Staff had proposed that the density calculation be based upon the entire lot acreage with no deductions for commercial uses or parking. Planning Commission recommended that the calculation be based upon the entire lot acreage minus one-half the footprint of a commercial building if the commercial and residential uses were mixed within one building. There was no discussion about subtracting for parking areas, even when questioned by staff. One other standard related to density recommended by Planning Commission was the allowance for shared parking between residential and commercial uses. With flexibility in providing parking where spaces may be commercial one time during the day and residential another time, it would be difficult to assign parking to either the commercial use or the residential use. Based upon this information, my interpretation of the density provision of the PMUD district is that the calculation should be based upon the entire lot square footage minus only one-half the footprint of the building containing the commercial and residential uses. If I can provide further clarification, please let me know. Sincerely, A r 0a, Alan C. White, AICP Planning and Development Director 0 RECYCLED PAPER r, Galloway, Romero & Associates W Design Engineering Planning 5350 DTC Parkway Greenwood Village, Colorado 801113006 (303) 770-8884 (303) 770-3636 fax E-mail: peggy_friesen@graa.oom June 10, 2002 ~ 1 2C1Q2 Meredith Reckert City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Re: Perrin's Row Subdivision (SWC W. 38th Ave. & Depew St.) Response to City Comments Dated May 12, and May 20, 2002 Dear Meredith: Thank you for the review comments for the Plat, Preliminary Development Plan and Final Development Plan for Perrin's Row Subdivision. The plans have been revised based upon the comments. Following is an itemized response corresponding to the various comments received: SUBDIVISION PLAT COMMENTS: Planning Plat Comments - May 12, 2002 (Meredith Reckert): 1. The case history box and case numbers were added to the plat as requested. 2. Adjacent property zoning has been added to the south, west and east of the site. 3. A signature line has been added for the PC chairman. 4. The clerk and recorder's certificate has been corrected per current standards. 5. The surveyor's certificate has been corrected. 6. The dedicatory language has been corrected. 7. The 25' landscape easement will be vacated by the new plat document. The corresponding note regarding the easement has also been removed. 8. The city's language regarding the blanket cross access easement has been added. 9. The floodplain designation appears as the second paragraph under the "Notes" section. Engineering Plat Comments (David Brossman): 1. Non-exclusive easements are added to cover the encroachments of Lots 7, 8 and 13 into the common area. 2. The following note has been added to the plat: "NON-EXCLUSIVE EASEMENTS GRANTED ACROSS LOTS 7,8 AND 13 ARE HEREBY DEDICATED TO THE PERRIN'S ROW SUBDIVISION HOMEOWNERS' ASSOCIATION FOR THE MAINTENANCE, REPAIR AND/OR REPLACEMENT OF COMMON ELEMENT IMPROVEMENTS CONSTRUCTED WITHIN SAID EASEMENTS." 3. Zoning designations have been added for the adjacent properties. All lots in the proposed subdivision are zoned PMUD and noted as such. 4. A case history box has been added per the redline comments. 5. There is no overlap of the Detention Pond Easement "B" with the building footprints near the westerly line of Lot 8. See Sheet 3 of 10 of the FDP, which shows the relationship between the easement and the building footprints. 6. We are working with the adjacent property owner to the west to obtain a 7' by 30' storm sewer easement required for the proposed pipe and manhole. PRELIMINARY DEVELOPMENT PLAN COMMENTS: Planning Comments (Meredith Reckert): SHEET ONE COMMENTS: 1. The title has been amended as requested. 2. The legal description has been moved to the first page. 3. A boundary description has been provided as requested. T 4. The page number has been moved to the lower right side of the plan sheets. 5. The case number has been added at the upper right corner of the plan sheets. 6. The zoning designation has been amended in the "Statement of Purpose and Intent". 7. The zoning designation has been amended in the "Zoning" section. 8. "Lot coverage" has been moved to the "Lot and Building Standards" section and inserted under "Minimum Landscaping". 9. The "Permitted Uses" section has been amended as suggested with the addition of "condominiums". 10. Number 2 under "Permitting Uses" has been changed as requested. 11. Section 26-204 in the "Table of Uses" has been cited with reference to the RC zone district regulations. 12. It is important to the applicant to allow liquor sales as ancillary to a restaurant use in order to market to desired restaurants. This PDP proposes this ancillary use as a permitted use. This and other desirable uses have been added under "Permitted Uses", Item 3. 13. The applicant desires the flexibility to operate commercial uses on either floor. For example, an art studio would need the ability to offer the products for sale. 14. The applicant does not want to exclude the suggested commercial uses. 15. C-2 uses have been deleted from the PDP with specific uses from that zone district added as additional uses in Item 3, "Permitted Uses". 16.The minimum landscaped coverage has been increased to 15%D. Please note that the definition allows the inclusion of public sidewalk in the calculation since it falls within the property lines. As you recall, this was a specific discussion at the meeting with the various departments prior to formal submittal. 17. The lot coverage by paving and structures has been reduced to 85%D. 18.The compact parking allowance has been reduced to 35%D rather than 50%D. 19.The residential monument sign allowance has been reduced to 32 square feet as requested. \IGRASRVR:CL1Ef4TSlOneslagePZO31 -38th & Dep v Mixed Us6v=x Z03:.psf.Re~2onse Lefler to May 20 Commenl.doc 20. There will be no restrictions against second floor signage due to the ability to have second floor commercial uses as discussed in item #13 above. 21.The south has been clarified as the rear of the building under "Project Identification Signage" - commercial wall signs. 22. There is a potential of two commercial tenants on the west end of the building, one per floor. The 100 square foot allowance would allow these tenants 50 square feet each of wall signage on that elevation, which will be the most visible from the public right-of-way. We do not feel that is excessive. Using the current code calculations, the 60-foot wide building would actually generate more signage allowance than we propose. The total area of all combined signs on the west end of the building cannot exceed 100 square feet. This is outlined in the signage section of the PDP and also noted on the Elevations, Sheet 10 of 10 of the FDP. 23. We cannot restrict the tenants to only one sign since this design creates two store fronts. This is a unique product since we are trying to establish the "historic" storefront presence along the public right-of-way but also provide store entrances near the parking at the rear of the building. 24. The note restricting window sign coverage to no more than 25% has been added. 25.Thank you for your suggestion for real estate and construction signage. They have been added to the sign section. 26.The proposed language under the "Sight Distance Triangle" was specifically written as such to accommodate the design of this mixed-use project. This flexibility is necessary for this project. 26.The tense under the owner's certification has been modified. 27.The "seal" location for the city clerk has been moved closer to the signature block. 28.A "Lighting" section has been added to incorporate the freestanding lighting height restriction. 29. The suggested lighting verbiage was added in the "Lighting" section as requested. FINAL DEVELOPMENT PLAN COMMENTS: Planning Comments (Meredith Reckert): SHEET ONE: 1. The title is amended as requested. 2. A boundary legal description is provided as requested. 3. The case number has been added to the plans. 4. The sidewalks have been included in the landscaping category and listed as "non- living materials". This was discussed at the pre-submittal meeting with the various city departments and I thought we had agreement to do this since provision of the desired detached public sidewalks on Depew Street and West 38th Avenue fall within our property line, instead of in the public rights-of-way. 5. The landscaping in the ROW is not included in the percentages. We revised the table to show living landscaping both on site and off site. Only the landscaping and sidewalk areas within the property lines are included in the percentages. 6. On-site landscaping has been broken down into living and non-living categories as requested. 7. The tense under the owner's certification has been corrected as requested. 8. The "seal" for the city clerk has been moved closer to the signature block. 9. The freestanding light height restriction has been noted as requested. P.GRASRVRICLIENTS\OneslagePZ031 .38th & Deoew Mixed Use\docsZ031.psf.Re53onse Lefler to My 20 Comments.doc 10. The exterior lighting verbiage has been noted as requested. SHEET TWO: The freestanding monument sign on West 38th frontage has been moved . SHEET THIRTEEN: Please note that this sheet is now renumbered to Sheet 10 due to the request to remove certain sheets from the FDP set. 1. The residential monument sign is reduced from 50 square feet to 32 square feet and noted on Sheet 10 of 10. 2. A note has been added on Sheet 10 of 10, under "Side Elevation", stating, "wall, area or projecting signs allowed on west elevation. Total combined areas of all signs on west elevation not to exceed 100 square feet." 3. The wall, arcade or projecting signs are restricted to no higher than 18' from finished floor elevation (first or second floors) as noted. Again, we do not want to exclude the ability to market the second floor condominiums to commercial uses. 4. The south side of the building is further clarified as the "rear' of building under the r signage section. Also, a note has been added on Sheet 10 of 10 under the "Rear Elevation" stating, "wall, arcade or projecting signs allowed on rear elevation not to exceed 40 square feet per tenant." 5. Please see Item # 22 under Planning PDP comments above. 6. Please see item # 23 under Planning PDP comments above. 7. Please see item #24 under Planning PDP comments above. 8. Please see item # 26 under Planning PDP comments above. 9. The spelling has been corrected under the "Material Legend", number 16. An itemized response letter to Michael Garcia's May 17 comments letter is included in the re-submittal packet. Two signed and stamped sets of the drainage report and civil plans are included in this resubmittal as requested by Mr. Garcia. Seventeen sets of revised PDP, FDP and Plat documents are enclosed for your final review along with the redlines. The requested sheets have been removed from the FDP. We trust the revisions and response items have satisfactorily addressed all of staff's comments. The property was posted on Wednesday, June 5. The Posting Certification was mailed under separate cover. Please let me know if you have additional questions at this time. Sincerely, Gally, Rom ro & Associates Pegre e~ Project Manager Enclosures cc: Richard Oneslager, Balmar Management Group, LLC NGRASRVRICLIGNTS\Onesl„ geM1Z031 -38th & Depew Mixed U5e.nace2031.p9LReW.Se Letter 10 Nlay 20 Corn.nts.dcc T~ Galloway, Romero & Associates I U Design Engineering Planning 5350 DTC Parkway Greenwood Village, Colorado 80111-3006 (303) 770-8884 (303) 770.3636 fax E-mail: peggy_fiesen@graa.oom June 6, 2002 Michael Garcia Development Review Engineering 7500 West 29th Avenue Wheat Ridge, CO 80215 Re: • Perrin's Row (West 38th Avenue & Depew Street) Response to May 17, 2002 Comment Letter Dear Mike: Thank you for your May 17, 2002 comment letter from the first review of the Final Drainage Study, Grading & Erosion Control Plan, Subdivision Plat & Construction Plans for Perrin's Row Subdivision. The drawings have been revised to address your comments. The following is an itemized response to your comment letter: Drainage Study Comments: 1. Per previous discussion between you Associates, a stormceptor system will 2. The manhole and storm sewer pipe is and Larry Parker of Galloway, Romero & not be provided for this project. relocated into the City right-of-way as requested. 3. Advisory comment for final approved report. Drainage Plan Comments: 1. Not applicable per item #1 under Drainage Study comments above. 2. The requested storm sewer has been relocated on the Site Plan, Utility Plan, Drainage Plan, and Storm Sewer Plan & Profile. The note regarding landscape replacement has also been added. 3. Sheet 3 of 4 has been revised to provide the Plan and Profile for the storm sewer pipes located in the right-of-way. 4. Two signed and stamped sets of the drainage report and civil plans are provided in this submittal packet. Two signed and stamped sets of the drainage report and civil plans are included in this submittal. Final construction permit drawings including, but not limited to drawings for Z031.psf.Response to May 17 Michael Garcia Review Lettecdoc Michael Garcia Perrin's Row Response to May 17 Review Comments Page Two curb, gutter, sidewalk along Depew Street, striping, water, sanitary, etc., will be submitted at a later date. Street Construction Drawinq Comments: 1.The width of the sidewalk and the distance to the back of curb is indicated on Sheet 2 of the FDP. Detailed information will be provided with the final construction drawings when submitted. Survey Comments: Subdivision Plat Comments (Dave Brossman): 1. Non-exclusive easements are added to cover the encroachments of Lots 7, 8 and 13 into the common area. 2. The following note has been added to the plat: ".ON-EXCLUSIVE EASEMENTS GRANTED ACROSS LOTS 7,8 AND 13 ARE HEREBY DEDICATED TO THE PERRIN'S ROW SUBDIVISION HOMEOWNERS' ASSOCIATION FOR THE MAINTENANCE, REPAIR AND/OR REPLACEMENT OF COMMON ELEMENT IMPROVEMENTS CONST5RUCTED WITHIN SAID EASEMENTS." 3. Zoning designations have been added for the adjacent properties. All lots in the proposed Perrin's Row Subdivision are zoned PMUD and noted as such. 4. A case history box has been added per the redline comments. 5. There is no overlap of the Detention Pond Easement "B" with the building footprints near the westerly line of Lot 8. Final Development Plan (FDP) Comments (Dave Brossman): 1. The complete Legal Description has been added to the FDP as shown on the plat. 2. The word "Subdivision" has been added to the FDP as requested. 3. The three non-exclusive easements requested are shown on Sheet 3 of the FDP and referenced by note. 4. HOA maintenance notes have been added on Sheet 1 (Note 3), and Sheet 3 (Note 2). 5. The date of preparation has been added to the FDP. Preliminary Development Plan (PDP) Comments (Dave Brossman): 1. The word "Subdivision" has been added in the title on Sheets 1 and 2 of the PDP. 2. The date of preparation and revision date have been added to Sheet 1. 3. The complete legal Description has been added on Sheet 2 of the PDP. 4. All existing and proposed easements are shown on the PDP. Traffic Engineering Comments (Steve Nguyen): The following changes appear on Sheet 2 of the FDP: 1. Channelization striping has been added to Sheet 2. 2. Schedule note 36 has been added regarding the parking restriction on the west side of Depew Street. ZOGI.psf.Response to May 17 Michael Garcia Review Letter.dw Michael Garcia Perrin's Row Response to May 17 Review Letter Page Three 3. Final construction drawings containing a signage and street plan will be provided with the permit sets. 4. Detailed typical street sections will be provided in the final construction drawings, submitted with the permit sets. 5. An easement is dedicated by plat and shown on the plans for the detached sidewalk on Depew Street. 6. The trip generation worksheet was created for the purpose of answering questions at the neighborhood meeting and not intended for a formal review by Engineering Division. As you recall, the City previously agreed to waive the requirement for a Traffic Study in exchange for their needed easements for the street improvements. In honor tPat agreement, we are not planning to submit additional standard traffic data and analyses. Traffic Planner Comments (Dave Mentor): 1. The sidewalk dimension was corrected on the former Sheet 5 as requested, however the planner requested that this sheet be removed from the FDP set. This sheet will be included in the construction set. 2. The Subdivision Improvement Agreement was forwarded to the applicant's attorney for review. This will be executed upon City Council Approval. 3. Application for Minor Dumping/Landfill Permit - advisory comment noted. 4. Public Improvements Cost Estimate and Guarantee prior to construction- advisory comment noted. 5. ROW Construction Permit(s)/Licensing requirement prior to construction - advisory comment noted. All redlined drawings are returned with this resubmittal. Please let me know if you need any additional information at this time. Feel free to call me regarding any planning questions or Larry Parker at the same number regarding any engineering questions. We appreciate your expedient review on this project and anticipate the Planning Commission hearing on June 20, 2002. Sincerely, Galloway, Ro ro & Associates n tZeg-- F/anager Project Enclosures cc: Richard Oneslager, Balmar Management Group, LLC Z031.pst.Response to May 17 Michael Garcia Review Letter.doc Request List WZ0206/Oneslager June 3, 2002 John Eric Griffiths 14584 W. Third Ave. Golden, CO 80401 Thomas O. Nesler 230 Nesler Ctr. Dubuque, IA 52001 Bill Ross 3614 Depew St. Wheat Ridge, CO 80212 Vivian Osmon 3642 Depew St. Wheat Ridge, CO 80212 John C. Bandimere, Jr. 3655 Chase St. Wheat Ridge, CO 80212 Kathleen Spray 3660 Depew St. Wheat Ridge, CO 80212 Dave Sweet 3664 Depew St. Wheat Ridge, CO 80212 Phil Brown 3674 Depew St. Wheat Ridge, CO 80212 Arlene Westlake 3680 Depew St. Wheat Ridge, CO 80212 Laurel Vance 3708 Depew St. Wheat Ridge, CO 80212 Al Santorelli 3716 Depew St. Wheat Ridge, CO 80212 Shirley Anderson 3736 Depew St. Wheat Ridge, CO 80212 John Thompson 3765 Depew St., #12 Wheat Ridge, CO 80212 Bessie J. Floyd 3765 Depew St., #14 Wheat Ridge, CO 80212 Rethel Cantrell 3765 Depew St., #20 Wheat Ridge, CO 80212 Ernestine Christman 3768 Depew St. Wheat Ridge, CO 80212 Debbie Miller 3775 Depew St., #17 Wheat Ridge, CO 80212 Theda Bohm 3775 Depew St., #18 Wheat Ridge, CO 80212 Evelyn Littrell 3775 Depew St., #19 Wheat Ridge, CO 80212 Mary House 3775 Depew St., #2 Wheat Ridge, CO 80212 Berniece Poucher 3775 Depew St., #20 Wheat Ridge, CO 80212 Carl Katzenberger 3775 Depew St., #5 Wheat Ridge, CO 80212 Lola Borg 3775 Depew St., #5 Wheat Ridge, CO 80212 Alice & James Albritton 3778 Depew St. Wheat Ridge, CO 80212 Sharon Taylor 3790 Depew St., #10 Wheat Ridge, CO 80212 Gertie Perry 3790 Depew St., #18 Wheat Ridge, CO 80212 Doris Leggett 3790 Depew St., #9 Wheat Ridge, CO 80212 Kim Gilbert Deborah Delcik 3825 Depew St. Wheat Ridge, CO 80212 William C. Zanol 3835 Depew St. Wheat Ridge, CO 80212 Karen K. Case 3871 Easton St. Wheat Ridge, CO 80212 Jennifer Sleeth Eric B. Hoffman 5495 W. 32nd Ave. Wheat Ridge, CO 80212 D`ry rtseat Ridge MEMORANDUM Department of Public Works TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer 5tJ DATE: Thursday, May 9, 2002 SUBJECT: Operational Concerns with Traffic Signal at 38`x' Avenue and Depew Street I have completed afield investigation for the above signal due to a couple ofrecent concerns surfacing at the neighborhood meeting on April2, 2002 for the OnslaugerDevelopment at 38`h and Depew. One concernis there is not enough time fora pedestrian to cross 38' Avenue; especially the elderly. The other is a driver has to wait at Depew Street from 3 to 5 minutes to get serviced. My observation on April 3rd and 10th reveals the following: The total time for a pedestrian to cross 38`h Avenue at the signal was 20 seconds at the time of visit. To accommodate elder pedestrians, as discussed, the pedestrian time is now increased to 30 seconds and the change was made on April 11, 2002. This increased time is calculatedbased on awalking speed of 3 feetper second, which is slower than the standard speed of 3.5 to 4 feet per second as established in the adopted national standards. I believe the added time should be sufficient to serv e this group ofpedestri ans. Pedestrian time can be increased further upon request to serve a specific pedestrian(s) who uses this signal frequently. For further enhancement on the pedestrian signal, we are exploring the option ofreplacing the current pedestrian signals with the time count down display type. This type of display, in addition to the standard symbols, will provide real time information of remaining time at a glance. This type of enhanced pedestrian signal display will aid a pedestrian's decision on whether to cross the street or wait till the next cycle. The standard display generally does not provide the pedestrians with a point ofreference. With this type of display, some will cross when there isn't enough time left while others will rush hurriedly across when there is plenty of time. The wait time for service on Depew Street was measured during peak and off-peak hours on two different days. This is the time it would take the signal to cycle and serve Depew Street when there is a vehicle waiting at either ofthe Depew approaches. The measured wait time was 38 seconds during the off-peak and 1-1/2 minutes during peak hours. This signal is programmed to operate a 100 seconds ( 1 minute 40 seconds) cycle to maintain progression with other signals on 38' Avenue. This progression has been implemented for years and it is needed to accommodate heavy traffic flow on 38'Avenue during the peak hours with minimum delay to these movements. From a regional traffic standpoint, I believe that 1-1/2 minutes ofdelay forDepew Street is acceptable and normal when it is important to maintain traffic flow on collector or higher street class. This delay is only subj ect to peak hours. Off peak hours and weekend delay should be minimal for Depew Street. cc: Bob Goebel, Director of Public Works Greg Knudson, City Engineer Mike Garcia, Development Review Engineer Contact Number: 1 Date Received: 4/15//02 Date Reviewed: 4/17/02 SUBDIVISION NAME: Perrin's Row Subdivision SURVEYOR: Name: Larry L. Parker Galloway, Romero, & Associates Address: 5350 DTC Parkway Greenwood Village , CO 80111 Phone: 303.770.8884 Fax: 303.770.3636 CITY REPRESENTATIVE: David F. Brossman. P.L.S. REMARKS: 1: Please include the word "Subdivision" in the title on pages 1 and 2 2: Include the Date of Preparation on page 1 3: Include the complete Legal Description on page 2 of the Preliminary Development Plan 4: Show all existing and proposed easements. 5: 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. The above Preliminary Plat Review is intended to be used for the sole purpose of evaluating a plat submittal for a Development that is in a preliminary and conceptual phase, and is not to be construed as being a full and complete review. A Final Plat shall be submitted to the City of Wheat Ridge. Department of Public Works for a full and complete review following the approval of the Preliminary Plat. The Final Plat shall conform to the Plat requirements as stated in Volume 10, Title 38, Articles 50 and 51 of the Colorado Revised Statutes, 1997, and to Chapter 26, Article IV, Section 26-407 of the City of Wheat Ridge Code of Laws, prior to the recording of said Final Plat in the Official Records of the County of Jefferson, State of Colorado. The above comments are as of the date reviewed and may not reflect all comments from other reviewing departments or agencies. .:.v~:n _ vBF"1~ ...~.....T~ ..ter. z O! CONTACT NUMBER: .I DATE RECEIVED: April 15,2002 DATE REVIEWED: Apri122,2002 SUBDIVISION NAME: Perrin's Row Subdivision SURVEYOR: NAME: Brett L. Miller, P.L.S. Engineering Service Company ADDRESS: 1300 South Potomac Street, Suite 126 Aurora, CO 80012 PHONE: (303) 337-1393 FAX: (303) 337-7481 CITY REPRESENTATIVE: David F. Brossman, P.L.S. REMARKS For the Final Development Plan: 1: Please include the complete Legal Description as shown on the Final Plat. 2: Add the word "Subdivision" to the title. 3: Three Non-Exclusive Easements will be required: alone the east side of Lot 7, alone the north side of Lot 8 and alone the south side of Lot 13. These are to be dedicated to the Homeowners Association for the maintenance, and of the common elements (how ever Your attorney would like it to read) - Please see redline comments on the Plat. 4: Include a note stating that the maintenance of ALL asphalt areas is the responsibility of the Homeowners Association (this will help eliminate any confusion regarding the asphalt areas which he within the residential Lots). 5: A Storm Sewer Easement will be required for the proposed pipe and manhole, which extends into the property to the west of Perrin's Row Subdivision (5700 W. 381 Avenue). 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. SURVEYING REPRESENTATIVE: Brett L. Miller, 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. CONTACT NUMBER: 1 DATE RECEIVED: April 15,2002 DATE REVIEWED: April 17,2002 SUBDIVISION NAME: Perrin's Row Subdivision SURVEYOR: NAME: Brett L. Miller, P.L.S. En 'nrg eering Service Company ADDRESS: 1300 South Potomac Street. Suite 126 Aurora. CO 80012 PHONE: (303) 337-1393 FAX: (303) 337-7481 CITY REPRESENTATIVE: David F. Brossman, P.L.S. REMARKS For the Final Plat: 1: Due to the fact that 3 Lots as shown on the Plat encroach into the "Common Element" area of the Subdivision, 3 additional Non-exclusive Easements will be required for the following areas: a)along the east side of Lot 7, b) alone the north side of Lot 8, and c) along the south side of Lot 13. Please refer to the redline comments on the previously submitted Plat for dimension information. 2: Specific language pertaining to the Non-exclusive easements will be required, stating said easements are hereby dedicated to the Perrin's Row Homeowners Association for the maintenance,.. (whatever language the Developers' attorney would like to use)...., etc of the Perrin's Row Subdivision 3: Please indicate the zoning of the adjacent parcels, as well as for the Lots within the Perrin's Row Subdivision (the zoning for the Lots may be placed in the form of a Note). 4: Include a case history box, as shown by the redline comments on the original submitted Plat. 5: Please double check the intersection of the Detention Pond Easement "B" with the westerly line of Lot 8, to make sure that there is no overlap of this easement into the building footprint (along the northwest corner of the proposed building). 6: A Storm Sewer Easement will be required for the proposed pipe and manhole, which extends into the property to the west of Perrin's Row Subdivision (5700 W. 381 Avenue). 7: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. SURVEYING REPRESENTATIVE: Brett L. Miller, 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. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone 303/ 235-2846 FAX 303/235-2857 May 20, 2002 Peggy Friesen Galloway, Romero and associates 5350 DTC Parkway Greenwood Village, CO 80111 Dear Ms. Friesen: This letter is in regard to your submittal for approval of a zone change from Residential-Three and Commercial-One to Planned Mixed Use Development and for approval of a preliminary development plan and final development plan and plat. The following are my comments relative to your preliminary development plan: PAGE ONE Amend the title to read: "Perrin's Row Planned Mixed Use Development Preliminary Development Plan An Official Developed Plan in the City of Wheat Ridge Part of the NE1/4............. 2. Move the legal description to the first page. 3. Please provide a boundary legal description. 4. Number the pages 1 of 2 and 2 of 2. 5. Add the case number - WZ-02-06. 6. Under "Statement of Purpose and Intent", please amend as follows from "PD- Planned Mixed Use Development" to "PMUD - Planned Mixed Use Development". 7. Under "Zoning", change the zone district designation from "PD-PMUD" to "PMUD". 8. Under "Zoning", move "lot coverage" to be included under "Lot and Building Standards". Insert it either before or after "Minimum Landscaping". 9. Under "Permitted Uses", number 1 is too broad. Please specify that allowed residential uses are limited to townhouses, second story residences and typical accessory uses allowed pursuant to Section 26-204 "Accessory Uses for Residential District "of the Wheat Ridge Code of Laws. 10. Under "Permitted Uses", change number 2 to read "All permitted uses and accessory uses in the Restricted Commercial District (R-C), except the restriction of 5000 square feet of retail space allowed in a single building does not apply.". 11. Under "Permitted Uses", please cite Section 26-204 "Table of Uses - Commercial and Industrial Districts " in reference to the Restricted-Commercial zone district regulations, except the restriction of 5000 square feet of retail space allowed in a single building does not apply. 12. Add a new land use category: "Uses by Special Review - Liquor sales as ancillary to a restaurant use." 13. Staff would like the commercial uses limited to the first floor only unless the commercial conforms to the city's home occupation regulations (accessory use to a primary residential use). 14. Please add the following commercial use exclusions: community buildings, governmental and quasi governmental buildings, residential nursing homes and congregate care facilities. 15. Under "Permitted Uses", please delete 43. Staff does not support C-2 uses at this location. 16. Under "Lot and Building Standards", minimum landscaped coverage should be increased to 15%. 17. Under "Lot and Building Standards", a corresponding reduction in the amount of "Lot Coverage by Paving and Structures" should be made from 90% to 85%. 18. 50% compact parking is excessive. Our standard is 20%. 19. Under "Project Identification Signage", please reduce the residential monument sign from 50 square feet to 32 square feet. 20. Under "Project Identification Signage", include a stipulation that wall, arcade or projecting signs are allowed for first floor commercial uses only. 21. Under "Project Identification Signage", clarify that the 40 sf wall signs on the south are on the rear of buildings. 22. Why do you need 100 sf of signage facing west? Is that the square footage allocated to projecting signs? The city's sign code regulations allow projecting sign size by the following formula: One square foot of signage for each one foot of height of the building wall to which the sign is to be attached. Wall signs are allowed at a rate of one square foot of signage for each linear width of tenant wall space to which the sign is attached. Applying the city's standard formulas would be easier to administer. 23. Please add the following note: "Only one wall or projecting sign is allowed per tenant.". 24. Under signage, add the following note: "No more than 25% of windows can be covered by additional signage.". 25. It would be smart to make provisions for realty signs. The code prescribes 50 square feet per side, one per street front for both commercial and multi-family projects. Also, construction signs are allowed at a rate of 32 square feet with 8 feet of height. 26. Please remove the specific language under "Sight Distance Triangle Requirements" and cite Wheat Ridge Code of Laws Section 26-603. 26. Please correct the tense under the owner's certification to reflect single or multiple ownership. 27. Add a "seal" location for the city clerk. 28. Private freestanding lighting standards cannot exceed 18' in height. Please add this as a note. 29. Please add the following verbiage "Exterior lighting shall be arranged to reflect the direct light glare away from any adjoining residences and adjacent streets.". The following are my comments regarding the final development plan. PAGE ONE 1. Amend the title to read: "Perrin's Row Planned Mixed Use Development Final Development Plan An Official Developed Plan in the City of Wheat Ridge Part of the NE1/4..........." 2. Provide a boundary legal description. 3. Add the case number - WZ-02-06. 4. Under "Ground Coverage", please remove sidewalks from the landscaping category and adjust the numbers accordingly. 5. Is landscaping in the right-of-way included in the landscaped percentage? If so, please break it down into on-site landscaping and landscaping in the right-of-way. 6. Landscaping on-site should be broken down into living and non-living categories. 7. Please correct the tense under the owner's certification to reflect single or multiple ownership. 8. Add a "seal" location for the city clerk. 9. Private freestanding lighting standards cannot exceed 18' in height. Please add this as a note. 10. Please add the following verbiage "Exterior lighting shall be arranged to reflect the direct light glare away from any adjoining residences and adjacent streets.". PAGE TWO Please move the freestanding monument sign on the 38' Avenue frontage 5' to the west. This may necessitate relocation of the existing power pole. PAGE THIRTEEN 1. Please reduce the residential monument sign from 50 square feet to 32 square feet. 2. From the preliminary development plan, please add specifications for wall, arcade and projecting signs. 3. Within that information, please add a stipulation that wall, arcade or projecting signs are allowed for first floor retail uses only. 4. Within that information, clarify that the 40 sf wall signs on the south are on the rear of buildings. 5. Why do you need 100 sf of signage facing west? Is that the square footage allocated to projecting signs? The city's sign code regulates projecting sign size by the following formula: One square foot of signage for each one foot of height of the building wall to which the sign is to be attached. Wall signs are allowed at a rate of one square foot of signage for each linear width of tenant wall space to which the sign is attached. Applying the city's standard formulas would be easier to administer. 6. Please add the following note: "Only one wall or projecting sign is allowed per tenant.". 7. Under signage information, add the following note: "No more than 25% of windows can be covered by additional signage.". 8. It would be smart to make provisions for realty signs. The code prescribes 50 square feet per side, one per street front for both commercial and multi-family projects. Also, construction signs are allowed at a rate of 32 square feet with 8 feet of height. 9. Under the "Material Legend", number 16, change "idea" to "i.d." or "identification". This case is scheduled for Planning Commission public hearing on June 20, 2002. Please have 17 revised sets of all three documents (preliminary development plan, final development plan and plat) resubmitted to this office no later than June 10, 2002. For the final development plan, please submit only pages 1, 2, 3, 7, 8, 9, 10, 11, 12 and 13. The requested pages should be renumbered so they are sequential when compiled into review sets for Planning Commission. Attached are referral responses received from other city departments and outside agencies. All of their concerns must be addressed. A response has not yet been received from the Parks and Recreation Commission who is responsible for assessing the project regarding the impact of the new residential units on parks needs. Based on Section 26-421 of the Subdivision Regulations, .22 acres of land would be required. Cash in lieu of land dedication would be $13,800. The Parks and Recreation Commission will be making a recommendation at their June 19, 2002, meeting. 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: Mike Garcia Case No. WZ-02-06 file 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 May 17, 2002 Mr. David L. Jones, P.E. Galloway Romero & Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Re: Perrin's Row Subdivision, W. 38th & Depew Street -First Review Comments of Final Drainage Study, Grading & Erosion Control Plan, Subdivision Plat & Construction Plans Dear Mr. Jones, I have completed the first review of the above referenced documents for the Perrin Row Subdivision received on April 15, 2002, and have the following comments: Drainage Study (Discussion) 1. The Public Works Department would like to suggest using a BMP be used to meet water quality requirements prior to releasing the surface runoff into the city storm system. An example of this may be a Stormceptor System or equal. Please discuss the maintenance of the system to be used and who will be responsible should the applicant purpose to implement such a structure into the storm design. 2. The lateral that runs west along W. 38th is located in private property. Please relocated the manhole and storm sewer pipe into the City Right-of-Way (tree lawn area and enter the manhole from the east side). 3. Please provide P.E. seal and signature on the final approved report. Drainage Plan(s) 1. Please show the water quality structure and appropriate details should the applicant choose to utilize a water quality structure. 2. Please show the relocation of the storm sewer along West 38th Avenue with a note stating the developer will be responsible to replace the landscape in this area per the approved Streetscape Project. 3. Please provide Plan and Profile for the storm sewer pipes located in the Right-of-Way. 3. Please provide (when appropriate) P.E. stamp and signature. Please provide the Public Works Department with 2 signed and stamped sets of the drainage report and civil plans with the second submittal. Street Construction Drawings 1. Please provide dimensions for the detached walk along Depew Street. The transition area needs to have dimensions to determine the alignment. Also, please show a detail of the transition along Depew at the south end of the drive cut. Survey Comments Final Plat Comments: 1. Due to the fact that 3 Lots as shown on the Plat encroach into the "Common Element" area of the Subdivision, 3 additional Non-exclusive Easements will be required for the following areas:a)along the east side of Lot 7, b) along the north side of Lot 8, and c) along the south side of Lot 13. Please refer to the redline comments on the previously submitted Plat for dimension information. 2. Specific language pertaining to the Non-exclusive easements will be required, stating said easements are hereby dedicated to the Perrin's Row Homeowners Association for the maintenance,.. (whatever language the Developers' attorney would like to use)..., etc of the Perrin's Row Subdivision Common Elements. 3. Please indicate the zoning of the adjacent parcels, as well as for the Lots within the Perrin's Row Subdivision (the zoning for the Lots may be placed in the form of a Note). 4. Include a case history box, as shown by the redline comments on the original submitted Plat. 5. Please double check the intersection of the Detention Pond Easement "B" with the westerly line of Lot 8, to make sure that there is no overlap of this easement into the building footprint (along the northwest corner of the proposed building). Final Development Plan 1. Please include the complete Legal Description as shown on the Final Plat. 2. Add the word "Subdivision" to the title. 3. Three Non-Exclusive Easements will be required: along the east side of Lot 7, along the north side of Lot 8, and along the south side of Lot 13. These are to be dedicated to the Homeowners Association for the maintenance, and... of the common elements (however your attorney would like it to read) - Please see redline comments on the Plat. 4. Include a note stating that the maintenance of ALL asphalt areas which lie within the residential Lots). Preliminary Plan 1. Please include the word "Subdivision" in the title on pages 1 and 2. 2. Include the Date of Preparation on page 1. 3. Include the complete Legal Description on page 2 of the Preliminary Development Plan. Show all existing and proposed easements. Any questions related to these corrections can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2858. 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 and has the following comments: 1. Channelization striping will be required to provide a left turn from Depew Street. 2. About 85 feet of the approach will be restricted to parking by means of signing on west side of Depew Street. 3. A signing and striping plan will be required to be included in the engineering plan to address item 1 and 2. 4. Typical street section will need to be provided for both 38th Avenue and Depew Street. These should be included in the detail sheet. 5. An easement will be required for the detached walk on Depew Street frontage. 6. The City has received and is currently reviewing the trip generation submitted by the developer. Please revise and resubmit if the second floor is proposed for something different than the condominium. In order to respond the traffic concerns generated at the neighbor hood meeting held on April 2, 2002. Please submit additional standard traffic data and analyses including but not limited to, trip assignment and distribution for the proposed development, level of service for the intersection of 3811 and Depew Street with and without development traffic under short and long term conditions. Traffic Planner A copy of the construction plans has been forwarded to the City's Traffic Planner, Mr. Dave Mentor, 303-235-2866 for review and has the following comments: 1. The planset submitted by the applicant has been checked by the City's field inspector for the City's Streetscape project (currently under construction by the City on an easement at this property). On the applicant's plan set submittal page five, the notation regarding the detached sidewalk width should read 5' (not 61). The dimensions of the plan set appear to be fine, just this called out dimension needs to be changed. 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. For the developer/owner's information and review, a sample copy of this agreement is provided. 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. For your information and submittal in the second review package, a copy of this permit is provided. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the W. 38th Avenue and Depew Street right-of- way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 25%, will need to be submitted by the owner/developer for review and approval. 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 Dave Mentor, Traffic Engineer Meredith Reckert, Sr. Planner File Oneslager_review l .ltr City of Wheat Ridge Planning and Development Department Memorandum TO: Meredith Reckert, Senior Planner FROM: Alan White, Planning and Development Director SUBJECT: Case No. WZ 02-06/13ahnar Mgmt. DATE: May 15, 2002 F WHEgT O U to COLOR A00 The Wheat Ridge Urban Renewal Authority reviewed the above referenced case at its meeting on May 13, 2002. The Authority's scope of review is limited to the conformance of the application with the 38' Avenue Corridor Redevelopment Plan. The Authority unanimously found the proposed development to be in conformance with the 381 Avenue Corridor Redevelopment Plan. CAMyFiles\W PFiles\URA\balmar review.wpd 5. EXECUTIVE SESSION It was moved by Vance Edwards and seconded by Jim Goddard to adjourn to executive session under CRS Section 24-6-402(4)(b) and (e) for a conference with the Authority for the purpose of receiving legal advice on specific legal questions and, further, for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations and/or instructing negotiators. The motion passed unanimously and the meeting was adjourned to executive session at 5:50 p.m. Those present for the executive session were: Sandra Collins, Vance Edwards, Jim Goddard, John Hall, Elwyn Kiplinger, Dick Matthews, Margy Platter, Jim Windholz, Alan White, Arnie Ray, Steve Szymanski, Ann Lazzeri and Madeline Hall. The executive session was adjourned to the regular meeting at 6:16 p.m. 6. NEW BUSINESS A. Review of Land Use Cases in Urban Renewal Areas (2) (Due to the quasi-judicial nature of this matter, Vance Edwards excused himself and returned to the meeting after the discussion at 6:35 p.m.) Alan White introduced the item regarding two referrals for land use cases being processed by the Planning Department. He asked the Authority to review and respond as to whether these proposals are consistent with the adopted urban renewal plan for this area. The two proposals concern (1) Case No. SUP-02-01 - A request for approval of a special use permit to allow a gas fueling facility at 3817 Sheridan Boulevard (King Soopers); and (2) Case No. WZ-02-06 - A request for approval of a zone change from R-3 and C-1 to Planned Mixed Use Development at 5630 West 38 h Avenue to allow 7800 square feet of retail development and 20 residential dwelling units. Information regarding sales tax which would be generated from the gas fueling facility was not available at this time. It was moved by Sandra Collins and seconded by Margy Platter to delay consideration of Case No. SUP-02-01 until the sales tax information is available. The motion passed unanimously. It was moved by Jim Goddard and seconded by Sandra Collins that Case No. WZ-02-06 is consistent with the adopted urban renewal plan for this area. The motion passed unanimously. WRURA Minutes Page 2 05-13-02 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Rid ae Telephone 303/ 235-2846 FAX 303/235-2857 May 12, 2002 Peggy Friesen Galloway, Romero and associates 5350 DTC Parkway Greenwood Village, CO 80111 Dear Ms. Friesen: This letter is in regard to your submittal for approval of a zone change from Residential-Three and Commercial-One to Planned Mixed Use Development and for approval of a preliminary development plan and final development plan and plat. I have reviewed the plat document and have the following comments: 1. Add a case history box with the following case numbers: WC-99-01, WZ-02-06 2. Add adjacent zoning on the south (R-3), west (R-3) and east (PRD) 3. Add a signature line for the chairman of the Planning Commission. 4. The Jefferson County Clerk and Recorder's certificate is not consistent with the city's language. Please correct. 5. The surveyor's certificate is not consistent with the city's standard language. Please correct. 6. The dedicatory language is not consistent with the city's standard language. Please correct. 7. The 25' wide landscape easement along the south property line was dedicated by the prior consolidation plat. Should it remain? If it is to remain, please modify the language in the notes by adding: "The easement may be used to support the residential component of the development by allowing utility appurtenances, landscaping and parking (covered and uncovered)." It is staff's opinion that use of this area should be limited by the development plan not the plat document, therefore, we recommend it be vacated. If you concur, please add the following language "hereby vacated by this plat document". 8. Please add the city's language regarding blanket cross access. 9. Please add floodplain designation (Zone C - Area of Minimal Flooding). Attached are comments received from other city departments or outside agencies. All of their concerns must be addressed. The comments relative to the preliminary and final development plans will be forwarded under separate cover. If you have questions concerning any of the plat comments above, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner c: Mike Garcia CONTACT NUMBER: 1 DATE RECEIVED: April 15,2002 DATE REVIEWED: April 17,2002 SUBDIVISION NAME: Perrin's Row Subdivision SURVEYOR: NAME: Brett L. Miller, P.L.S. Engineering Service Companv ADDRESS: 1300 South Potomac Street, Suite 126 Aurora, CO 80012 PHONE: (303) 337-1393 FAX: (303) 337-7481 CITY REPRESENTATIVE: David F. Brossman, P.L.S. REMARKS For the Final Plat: 1: Due to the fact that 3 Lots as shown on the Plat encroach into the "Common Element" area of the Subdivision 3 additional Non-exclusive Easements will be required for the following areas: a)along the east side of Lot 7 b) alone the north side of Lot 8, and c) alone the south side of Lot 13. Please refer to the redline comments on the previously submitted Plat for dimension information. 2: Specific language pertaining to the Non-exclusive easements will be required stating 8aid easements are hereby dedicated to the Perrin's Row Homeowners Association for the maintenance, ..(whatever language the Developers' attomey would like to use).... etc of the Perrin's Row Subdivision Common Elements. 3: Please indicate the zoning of the adjacent parcels, as well as for the Lots within the Perrin's Row Subdivision (the zoning for the Lots may be placed in the form of a Note). 4: Include a case history box as shown by the redline comments on the original submitted Plat. 5: Please double check the intersection of the Detention Pond Easement "B" with the westerly line of Lot 8 to make sure that there is no overlap of this easement into the building footprint (along the northwest comer of the proposed building). 6: A Storm Sewer Easement will be required for the proposed pipe and manhole, which extends into the property to the west of Perrin's Row Subdivision (5700 W. 38' Avenue). 7: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. SURVEYING REPRESENTATIVE: Brett L. Miller. 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. JAN-02-1900 19:35 7500 West 29th Avez- Wheat Ridge, Colorado 80033 303/ 235-2846 April 16, 2002 i he City of Wheat Ridge The Wheat Ridge Department of Planning & Development has received a request for approval of a zone change from R-3 and C- I to PM ID (Planned Mixed Use Development), a preliminary development plan and final development plan and plat at the property described below. Your-response to the following questions and any comments on this proposal would be. appreciated by May 7, 2002. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-02-06/33elmar Mgmt. LOCATION: 5630 West 3P Avenue REQUESTED ACTION- Change of zone from Residential-Three and Com=Tcial-One to Planned Mixed Use Development, approval of a preliminary development plan and a final development plan and plat PURPOSE: Develop amixed use project with 7800 sfofretail, 8 condominium units and 12 row houses APPROXIMATE AREA: 1.4 acres issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. v The availability of service lines to the development. The adequacy of capacities to service the development. t/ Servicing of this proposed development subject to your rules and regulations. t/Specific easements that are needed on this or any other document. / Any comments which would affect approval of this request by your agency. 410e eyffb Inl r7-W `~V -16CoPEe, Please reply to: Meredith Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XX Water District (Wheat Ridge) XX Sanitation District (Wheat Ridge) XX Fire District (Wheat Ridge) Adjacent City 0 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 Jefferson County Planning Dept. Completedby: Ia o2 (Name, Agency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners XX AT&T Broadband 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 XX WHEAT RIDGE Economic Development `The Carnation City" e:\piannM9\fomu\agenda,ef trm P.01 TOTAL P.01 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge April 16, 2002 The Wheat Ridge Department of Planning & Development has received a request for approval of a zone change from R-3 and C- 1 to PMUD (Planned Mixed Use Development), a preliminary development plan and final development plan and plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 7, 2002. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-02-06Behnar Mgmt. LOCATION: 5630 West 38' Avenue REQUESTED ACTION: Change of zone from Residential-Three and Commercial-One to Planned Mixed Use Development, approval of a preliminary development plan and a final development plan and plat PURPOSE: Develop a mixed use project with 7800 sf of retail, 8 condominium units and 12 tow houses APPROXIMATE AREA: 1.4 acres 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. iJm -aV ft fzoof a /L,tuw ck-& =7- " is t, . Please reply to: Meredith Reckert Department of Planning & Development Fax: 303/235-2857c --777i ; Completed byoG/u (A>1L/~~/~ - z~ aL (Name, Agen y/Department, Date) DISTRIBUTION: ~ >t XX Water District ( of Ridge) Ridge) ri^ XX Sanitation DikS XX Fire District{ ' Adjacent City XX Xcel Energy XX Qwest CommState Land Un Colorado Deptio State Geologi 4" Colorado Div. Of Wildlife` Colorado Dept. of Natural Resources Jefferson County Planning Dept. Jeffco Health Department Jeffco Schools Jeffco Commissioners XX AT&T Broadband 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 XX WHEAT RIDGE Economic Development "The Carnation City" e:\pImning\fonns\agendaref frm 7500 West 29th Avenue The City of Wheat Ridge Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge April 16, 2002 The Wheat Ridge Department of Planning & Development has received a request for approval of a zone change from R-3 and C- I to PMUD (Planned Mixed Use Development), a preliminary development plan and final development plan and plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 7, 2002. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-02-06Belmar Mgmt. LOCATION: 5630 West 38`" Avenue REQUESTED ACTION: Change of zone from Residential-Three and Commercial-One to Planned Mixed Use Development, approval of a preliminary development plan and a final development plan and plat PURPOSE: Develop a mixed use project with 7800 sf of retail, 8 condominium units and 12 row houses APPROXIMATE AREA: 1.4 acres f - /Z L-tom °s s~INJ Issues for consideration include the following: { D jw k s The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. ~j1 L 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: Meredith Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XX Water District (Wheat Ridge) XX Sanitation District (Wheat Ridge) XX Fire District (Wheat Ridge) Adjacent City 0 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 Jefferson County Planning Dept. Completed (Name, Agengq artment, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners XX AT&T Broadband 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 ( iji XX WHEAT RIDGE Building Division XX WHEAT RIDGE Economic Development "The Carnation City" e:\p1 inning\fonns\agendaref.frm City of Wheat Ridge Planning and Development Department Memorandum FROM: V Meredith Reckert SUBJECT: Residential parkland assessment DATE: May 28, 2002 Attached is a reduced copy of the development plan for 5630 West 38' Avenue. The proposal includes 7800 square feet of retail area with twenty residential units. Even though there is a commercial component, the residential portion of the project can be assessed for parkland dedication requirements. Based on Section 26-421 of the Subdivision Regulations, .22 acres of land would be required. Cash in lieu of land dedication would be $13,800. This case is scheduled for a June 20, 2002, Planning Commission public hearing. City of Wheat Ridge Planning and Development Department Memorandum TO: Steve FROM: feredith SUBJECT: Traffic projections DATE: April 26, 2002 Attached is information provided by the applicant for vehicle trips if the property were developed into 15,200 square feet of retail space. Is this adequate information or do you need something else? Please let me know. TRIP GENERATION COMPARISON - 38TH & DEPEW (Compares Existing to Proposed Zoning/Uses) Proposed Proiect- Mixed Use Description: ITE Size Code Retail: ` 820 7.4 KSF Townhome/Condo: 231 20 Weekday ITE Project Weekday ITE Project Weekday ITE Project ITE Sat. Project ITE Sun. Project Total Weekly Traffic Total AM Peak AM Peak PM Peak PM Peak Total Sat. Total Sun. 42.92 318 1.03 8 3.74 28 49.97 369 25.24 187 5.86 117 .66 13 .83 17 5.67 113 4.84 97 435 21 45 482 284 C-1/R-3 Zoning - Assumes R-3 not built - Retail Only Project Retail: 820 15.2 KSF 42.92 652 652 Existing zoning would allow: 217 vpd higher The existing zoning would allow 49.8 % more trips than proposed proj ect. 1.03 16 3.74 57 49.97 759 25.24 384 16 57 759 384 5 VPH lower 12 VPH higher 277 vpd 100 vpd higher higher The existing The existing The existing The existing zoning would zoning would zoning would zoning would allow 23.8% allow 26.7% allow 57.5% allow 35.2% less AM peak more PM peak more trips on more trips on hour trips than hour trips than Sat. than the Sun. than the proposed proposed proposed proposed project. project. project. project. Ire Lwxw a ME [ 1 a woRA1En K mew n ME E In YE T[ K 1/J, Me xE v. rE ME NY v. of cF ME wW 1/. aE ME I[ 1 ME wE t/J rf sEClwl 35. K YCfaw u. i.14 R' iX 0.NW. L£ ME 6M pY " tIp1W1A^igM a97} 1 -y W 4- J G- ~ J G o` d A 9 N89.39'S8-E 1647.93 ' uL5 a BFiRRKS _ - -NORIII IWE Cf ME NE 1/J Of SECRRIV 25. iJS. RR9W. Of ME 6M p.LL i5 fOUW Glf9FD 1- T , - WEST 38TH AVENUE 1 c~mN•A~S.IZV _-_I----$I-----so s15_---__---._~__------'7--m-51z--- ---L__ r---- -1-~K•>C 1 L- _K- -40 oerv.}o~.w 1 --r - 1, fglla bYSElID J 4[~"F--F . 'ic_ _ _1 _.1~ , 1 RN•JI .Y t NJO pb ' 8'• 291.09, A Es . rw 1\ 1 f Atl-d9•i97I _ ) a .N89'59 5 I - 71, 1 I I - f f 1 I vueuc ~ tBILl➢1-Po I]6 _.a_+.- ~~;a I.I 1----- - - 1 . ) ~ I i ~ i p 11 rRapr Iv °N " I C~ I I ~ N i ~ m• wan aE ~ ,.'C+'s/ ' (REG w 1 aa » . ~ In t• ~ i I I I " I i i . ® % - i o~ I. ` I I `I~ ,s , 3 tREC.w`.°v" aTass~ PARCEL CONTAINS ~ i"{IIw I I g 1 1 Lo _ 1 1 ~ • `•,Z j i i 1M[1lRe? .~fC rF02 ~'f~ ~.bE ~ a I I r'6 I I r ♦ my. Zz~ 1 ) kl. I I 5.... / 7~ixf:~'. f'.~~ ~ ~ ~ 1 I Ji• - ~ i 4, i Sl I Iav'I I I I ~ 1 I I 1 ~ . I I 11 1 • ® ~ " 1 I w<ren laE 1 i I.. 1-. amen _ ' ~ I I I i 59'581W 305.99' ~ . ' : " , m.~C• ...,,oo ] 1 pw e w E wu ox pGpmrc uE gq pw Is No. volol I I I I 1 omv aib°w 1 pp c~W"v wosrox °W9Q B °°tl OOrJmuPOMwzs Liz 1 1 I 1 I 1 i I Irma (ralnwum) - YEl' YK IRMSEO ILYI)ST 19. IWR BIYn IRW 1111E Cpm1YFM NJ. 35 PRFPYAm Rt IxW MlE 41YWIJIFE CaWNn BFMWG IH FiiECMF Bf WP)RC nD51Ya OwLT. ML 6 AIWIEp MI)W Za c UFiNFn A4 AS -ARV.S Cf YWIWL fInOCVW' WO 6 XpT 9.1m M A SP M M1Om )tV/AI'n 10 UIYrc E16EYE1R AS GRWItD 10 RwF SERNCF mp. v . MY 9. 1596 Al 6W pY MO mF5 Iwl GgTIME A MIE Bf n0.C 9AMYOR fq( MIY EAyYpr,$• wRP1aN5 NA/00. WNEA5111p5 IAEA AG9wM1Y 10 MF i1LOD a9MN1LE M2 LLV• COYYYMry pY1F11p. MNn C. Ia {IpD YpiK OR CJ{wE fµryAlYA6 WFAE pFAORYEn Bf M6 SWfh TO i0 KAIIY 1165 pflEA1LLWMW. Wn pRMFR1Y GWIIEA KIXIWIKM wA5 Pwa'aF0 IOR M5 SVRYM. ME InGMVry rf ME UMfUORWID G15. TflFP1YwlE MM FIfCIRG4 NR Aw M , mvn a.J MFPEQV IRF BySO Vpg1 SVRfIa IWINNO$ BY N1 ViMY Ip' IW$ SFM%E NO Olww SIA4fKE MALE /T ME w1E Of M6 SVRVET 9n ywlm BE COMmFPN I i M1S APPRORWAiE LOGiw6 OW.Y City of Wheat Ridge ` I Department of public Works MEMORANDUM TO: Meredith Reckert, Senior Planner FROM: Michael Garcia, Development Review Engineer 0~7 DATE: April 22, 2002 SUBJECT: WZ-02-06/Behnar Mgmt. - 5630 W. 38' Ave., Zone change from R-3 to PMUD The Public Works Department has reviewed the Planning Department referral dated April 16, 2002 for the above referenced site, and has the following comments: Items Required Prior to Public Hearing & Issuance of Building Permit The proposed Final Plat has been forwarded to the Dave Brossman, P.L.S. for review. Subsequent comments will be coordinated in writing to the preparer of this document, Mr. Brett L. Miller, P.L.S. 2. We are in receipt of the final drainage report and subsequent comments will be coordinated in writing to the preparer of this document, Mr. David L. Jones, P.E. of Galloway Romero & Associates. 3. We are in receipt of engineered construction plans and subsequent comments will be made to Galloway Romero & Associates. 4. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In conjunction with the requirements of this permit, an erosion control plan will need to be submitted for review and approval. 5. Although a Traffic Impact Study is not a requirement of this project, it would be beneficial to the applicant to have a study completed in order to address the traffic comments generated by the neighborhood meeting. Should a study be completed, a copy of this report should be submitted to the City's Traffic Engineer. cc: Alan White, Planning & Development Director Bob Goebel, Director of Public Works Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Dave Mentor, Traffic Planner File 5630W38th review.m 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge April 16, 2002 The Wheat Ridge Department of Planning & Development has received a request for approval of a zone change from R-3 and C- 1 to PMUD (Planned Mixed Use Development), a preliminary development plan and final development plan and plat at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 7, 2002. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-02-06Belmar Mgmt. LOCATION: 5630 West 38`" Avenue REQUESTED ACTION: Change of zone from Residential-Three and Commercial-One to Planned Mixed Use Development, approval of a preliminary development plan and a final development plan and plat PURPOSE: Develop a mixed use project with 7800 sf of retail, 8 condominium units and 12 row houses APPROXIMATE AREA: 1.4 acres 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: Meredith Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XX Water District (Wheat Ridge) XX Sanitation District (Wheat Ridge) 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 Jefferson County Planning Dept. Completed by: (Name, Agency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners XX AT&T Broadband 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 XX WHEAT RIDGE Economic Development "The Carnation City" e:\plmning\forms\agendaref frm RIGHT OF ENT 'Y AND LETTER OF AGREEMENT I/We, the undersigned Property Owner(s) ("OWNER") hereby grant permission for the PUBLIC WORKS DEPARTMENT OF THE CITY OF WHEAT RIDGE and/or their representatives ("CITY") to enter upon my/our property at the following address: Name(s): Richard D. Oneslager, Jr. Address: 5630 W. 38`" Avenue Wheat Ridge, Colorado The purpose of this Right of Entry and Letter of Agreement is to gain permission from the OWNER to enter OWNER'S property to allow the CITY to construct/place and/or transition to/from the owner's property to the proposed Streetscape Proiect. The CITY hereby agrees to repair any physical damage to any real or personal property of the OWNER directly caused by the CITY, its authorized agents, officials and contractors in connection with this entry on the OWNER'S property and/or frontage for the purposes described above. The CITY shall* not incur any further liability for its actions pursuant to this Right of Entry and Letter of Agreement. The CITY agrees to construct such frontage and/or private property improvements only as necessary to complete the streetscape and transition into public improvements to 38th Avenue and adjacent sections of adjoining streets, and for no other purpose. The CITY will construct no other improvements on OWNER'S property and/or frontage other than as specifically identified in the list below. The CITY and OWNER agree that the following specific improvements and/or repairs listed below will be constructed by the CITY along the OWNER'S property and/or frontage: N- 2. 3. 4. 5. The OWNER agrees to execute an appropriate EASEMENTor other document of conveyance to the CITY necessary to construct public improvements which would encroach onto OWNER'S property. The CITY and the OWNER agree to the promises, conditions, and limitations contained herein. st' EXECUTED THIS day of " , 2001. CITY OF WHEAT RIDGE (CITY) Vg ~ LL RobertGoebel Director of Public Works Approved as to form 8/2000 Gerald E. Dahl, City Attorney PROPERTY OWNER(S) D. Oneslager, Jr. Project # S-SCP-02-01 FilesonEnginent\Forms\Legal\ROELOAI -MRG.frm EXHIBIT A» sF lF1lT E RH7- V. 7 STORY STORY HOUSE OUSE RY H ST O I S E 5 CONO g is Ls LS WDOD FENM m [R ~~e m fiSJ 25 W. 38TH. AVE. GRAVEL I OPEN SPACE AREA LOT 1 ONESLAGER RICHARD D. JR. 5630 W. 38TH REC. NO. F0921253 BALIMAR CONSOLIDATION PLAT LINE BEARING DISTANCE L1 500'00'020E 16.30' L2 989'59'58*W 2.52' L3 N00'0O'02'W 2.44' L4 N00'00'02"W 5.50' L5 500'00'020E 5.50' L6 N00'00'02 W 13.26' CURVE DELTA RADIUS LENGTH CHORD DISTANCE C1 90'00'00" 15.00' 23.56' S45'00'02"E 21.21' Q OWNER LEGEND SECTION CORNER PROPOSED EASEMENT Z.. 1 50' 0 0 m w w u, b u r,~ v u, m v w : ,b p 4- r' U q 'o ,n o o u o m r p v°1 q° o u~ ;3 .d 'd ~ ~ ,N. U~ M ~ p N U U O O N b~ iy G Q~ J~ 3 ~ o N N q m U A C L O q U 2 y ° O "O " y o y b w rn A° v o F o° w v~ ' ,17 "o q v~ -0 0 G o d CJ ? ii N d° ° w N d N v N R. 0 O O 0o yN. W Ca AO B wj w 003 u~ 75 v H P~ 0 p, z °,~°^3 q ONOO .OC o w v'~w°y :a 00 ° ro oo. O O m w d .0 w ,n o ° pa. '.',3 0 0 0 b d o N rn° L q o° rn" c°i 0 3 v Ao U o R. Obi ~U~/~~ - m cvoCa ~w F mrn N 00 d yo v vr! " a -f. a b U y b °p O N y d O\ W W y A a"~ " v'3° roha~ a ,via zv ~wG°°~u, z ~U >~o ~1 0 C ° Al., O O w q Q O .M. OTJ O U N R+ b .U Cr w U T ~p d y V] O Z C-0 ao V 3 o 0 to ti W o q ,a O a`~i v M F ,a q W wo .5 A ~a q U vt b q F4 U b .,y ° w N L O d U O 'A w b ,y ,°y~ J U O 'O❑ U G7 o w^°-~ .'7 .O U ,tl O O U nt F U O T.,U..~ 3 ,0 O O T C id onravbi~ "vo " o a oA ya u, qoo a ~ ~ac°i u, 5 m u 3q X 3 0 0~ 0 ~ o a xa o U o c ou a~ a O n 0 ~bo ° e°no d 'a v y Ny U 1 it 0 o w. o ° A. y z ° gi' c'~ o a z on ti7 v r3 $ v o T o ~,1 s5 ai v z ro o y a v 3 v 3 b ci m NO q ~I p rn an i~. U 0 U F r3 ❑ w 'c ~ .o ~ Q W N u ~ ~ ~ id ~ O h ~I ~ N '.077 ~ p o N w id a O 'Ud _ a W w F. O ..g b N O O W LL q' s o 0o y O '4b 5 A b'a ° 0 v E ° c 0 ^ L cn 0 3 c°o U 0 o o 0 0 0 0 q A N O W R o O 0 to m 'd O O A O N tiw~> q wA aW~ w~° pp~~ b~ti~b b 1Z ~bp Q y y, A o F4 q ,n z a .C aitli v a; 0 3 .°o v° P. o a p. oq o N b 0 0 00 o s o AR ` v o q W C F, G o o O w ,a v o q A. o eA m vu b [r ti ti _O Tr O h ° Coo o y h Y 6 W O U C\\ O p FO. Fi ro Uj O 'a W M N T : d N ow OC7 q M m yU v o o c Oar of 0 v v vU v T a o a m cow o7 q 0 v,. rn° ° o V O° U A y C ° O q w 4 A N F A y O U ° q , 0 y o -1 q 3 0 o u q v ° 3 axi u "`d a ` A0 .3 y p, q o0 0 0 00 0 > ~ ~ O b Q ,a° - v 8 abi A ~ v W ;ti o v~ a vi b ai 'O o, ~ d > m z PWi ° ° v z o v m o q d w q -R 21 a 0 Z '5 m A A G b b h vi b q 0 v y T o0 0 g U a„i q a v H WA b H U 0 M m p ~ v Q N o o w v a o u q vO v Q y o v a 79 8 ✓ 0 o a'+ A q .a U ~c Oi O L d U 45 O F w m M ti V? O N Uy W O ~y v, 00 ~l w t4 f"~ L 00 0 U O b w m a) l r. p vi .9 F 'a ,o o q a F U o o h .o n o z N O ° °O W id ° Oo N y .a h q ° q H v N O N ° Q O W q W W P° W z bD N d w w T ° O U N .q O O N° q N 'ate N " a~+ W OFQ] o o ° ~q' o f w_o 00 0 a z o iy -0 ~v w q E ^ J G C4 ~ `a° v U P U "v°°i m C b b ~ .`Ta. 3 v~ v u m 9 q .v. v iv. ro ~5+ s. ~ ~ m~~" « ° in D\ q F q N N N V itl g U q d n O Y. m O P+ oho 'd v] U v Oo N w w O q > o U. v q a,.i > a+ oC W b o ro 0 O W .A-+ o°`O yn O QD O j U o Fy a~ U H U i aaJ 4.. O ' v i-r L' N 9 0 ° o m m . G oo o 4t ea o y oq o N q o W 3 <t j3 ~ F 0 A to •5 o o. ,Z v W . e y Z w 3 '3 . °o U q O N O v~ b U O .Or' W 0. 0 id ° U ° U O A Qy^ 00 W w •5. o pa 0 L W b m o0 o w o Z _0 0 is o v o+ ~y ee q v~ C !n v w ~'r. ` y y aqi W O t7 'C o p a o o >1 w v 3 m .-1 G i`a., - ~W+ v A qq q ❑ v W ,a L~.i w nn p_ ,n 0 0 03 w O w W C w [O/J ,C Z Oo~ p NPa Q o roN ° y U p ° y V1 q O w O a o v o o U 0 0 cui 7 u v o D o w Wo v~ aai 3 °N' o y o `n O w p o U C - A m en oo C q C 'L ° .C ° co F oo. -ry p v v .a ' P. -o o t7 C]. O y. cvo id c 3 z 0 AoU Y~v q o s> a °°°o.°n° ~'o O'er "o 0 v b n a w o p~ov QC7 4'o UNFQ F a n oo roa zA wP y bq m v Q p > c It V C 9 a Y O ~ )'a d d N Y Y L 61 d W N v O ~F W H U L • . D-d d i a L Q a , y ( O Y J F o l1Y W W a a ~ `6 A .9 a T v m o m m G U w N i ~ C N m N 1 N a T / L ~ b R>O TSm O J w y a°UC N ((~~55 ~y j U W Y Y W 6 O O W o-! V O l N L P a 4- T c.~ o W Y o a Y a Y o a a ~ ~ o o 01 O ' 0 0 O o._ m of W W ry~ L C -N a a m t w Y . ti ~ ~ m d w C ~ i- U ` wil y ~ ' C R D 9 U ~ N i p U a ¢ J W N~ f V R C G V N C W C m m m N ~ o O N ~ '6 R V L° m ' 'FI' w U Y . O : y Y a • 6 N J L ~ H O n Q ~ $ N L .O T ] R N R Gi L ~ .d I W ~ d OY•Y~ QN BY 6 1 VO- z Off"! d O Q yy d m 3 a a v ~ O V' f9 b L a d C L L Y W m Y .n J C O" J 0 O d LL L O W F. C N O L C 'fl L• N 6•~ YN a q d U OI ~ V m N U ~6 ry~ I-1 y A~j N ' W a Q W S L ~ _ LUO 3UNCW ~ ! HH V y•~~1 V O V Jl mof .I V ' R Y C 3 'O 3 . w N O O LFi C h 10 ' ~y ~1 •Ny L . CI C e~ 2 J d N W N y~' V~ ~ °L~ 'O m Oe U ~ Vl~ xj • ~ ryO' ~ 1 L.. N ~ v N N Uvd3 NN OmG OI N L W•n L°~~ .y ^ p Y ~ `1 m 4• dmd 0 C3.n U.n .p Ny~wl ~ .7 O C Q CC ~ L U , N C C O N N l I er a J 7 R R ( c Tr-1 .I. y Q E N W ' ~ s ~ ~ (~g RNW C 'p W a LR •Oa VVY d OIN U N C a N• 3+' m Q y p ] 4 Y/l N N Y m a m ( iJ H ° ~ (L Ly T~I4 m c RL~ m [W. v A. O PI'. ~LY O O] r Y v b ~.j ~ y Y ~j 't } i C m y p~ C U L {Il R N L L W z a b ^yJ U Y O fJ U d ' F m O1 ~J V z O b] R ~ V N a q LL Q~ L U 'p m 6W A' Y z a rrrlll W d y a [ - a 'O i v C C C U ROwn ]L~~ L C N m j O v j u' ~ O ~ D b m L a & Te ~ , . / 3 O N 04: C E a U• E O m a d' ~ > WNLP U m L ~ O L 3 ~ P w y \-I lE ~ U O T W • L d .O W •r• ] H~ O a N i .4 N V C L Q i R ° V Y U a R a K m O {I ] L ° If) Z . ~ 1 E v .a F U ° O O T.° Fl L C o• O [ . c m a a b C LL W d L Y W a ~y I ~ 1 ~ z ~ Qj Op • L R .n U~ L L L L ICIC{ N 2 d V ] S I O • 1 ' ' ry C ~ ~ O C N ~ I V/ O j. . r/l~ . ^M ~ b y L ay N O W L d p 7, a 11-Y~'1rH v SQI W ' P' I I~1 ~ ~ ~ W 9 ~ O yY U E W C• L N N R J E Y b O 6 4- 'O `r K N O a ae . . ati O Y C C~ JL UO O ) y co W •F ° Lo x L dY ° .>vi ~ a W ]LLC . a V ~ RN¢a L m p R Q: 0'. 1)i T V d [[JJ ~ W ~ 4 L O ~ O y L 'O 3a G N~ W ~ m 3 W C • NVN N C C Y J N C 3 a d Q OI Y L !O a•~~GY L' N W ~ ~ L U' d ll~~ { 1 1h _r' ~ ~ N Q.] R 3~ ~ J ~ • U Ua ~ ~ ~f fV Z N y.~ W M O Y 'd V- ~ O• r . O N C 'O E y Y N L Y R 3 U' L t 4 V Y Z ~ ~ 4 + ~ te Q M= . r a 3 a a Y O J ~ IL A W C O f i.< a O 2'-• F'~ N L x . R L U E 3 C N C V R L W O L C 6 O x N Y- W LSO ~ 'U PI V O [ . 41 6 N -O C O W LL ¢ (r QO q - ' • Q d z WWW O ^ Y Udd L df y'° E d O O W L ' + y C' F _ % d ~ N j O~ ~ ~ y ~ N O 4YN EH'I d RJL FNN°WWWH ~ ~ Ly C \ r / p C ZOh E r z O L a N L N a L p, 'O ] C OI N L V 6 L Y S d „ O F a d U ~ CI 1°] Y N O ( { ] J U OI W C a C R O L Q --I ~ F G U N ZW Q ' °1 N •N YL a T NYN3"` OIO W °WO i a~l W R 0 Od Rd UI C C R Y W ] ~q dd.n ~ COd~ ~ Lx •EN and Iti Q oo F is A m m ,ri d ¢•OeQ s _ W W v y . L d d lA {F? ••-'J Eu C ¢ 6 LU1 W IW,. m n N. L O ~ j U m y p p ° •w a o v) a Y L C Q o c Y UI c N d a O C N •v a 01 E. L L d C of R n ~ ~ A 6 _ o ~ a t F• l~l £ 3 O ' U:O H a C x+ m Y . L a ~ ° . E Y J E , L R d E v•- F W m W (T~ ~ W N O `'p L C U ~"1 N o Lw ro 2 T m a d R ryq~ L d W J b Y a C.n L) O v 'O R R ''JJkCC L C d~ ¢ d u ~ VY E ' NN 1~L N ~/J 3 V a W 3 O Y 2 L y W R Y 6 Y R O. U II] ~ W M IAA l ~O A m 00 01 In In N n ~ i Z Z © IJI Ld U W Lr 9. H H w H SC W E LVIM m F O F A O W R F z R p W N R m N H O to W W 3 R O R M E H H H S e• ~(-G~ qa W fx H A m W TA m p N E R H w a x N I D• c .\-I •(.07 ,Z ww a z ON A E W P24 O t4 u rC N O W O a Hw x R N S w x U H m N N W m a O m m U O w 0 z Z x W o R x W w 0 to O U O H u N m x a w •J V~ H •N A w N a O H H Z N O W N H 44 w U H a w m H ~T. z H a R r{ O O O H a H O W E a N N N O N PA E w N H W ~i R z R a U H N a m U9 x o z 0 0 H D H U W W N A W W U to N H a x U W O z H E o O H CC O a R W H W \ H . W F •~H W O W H m W H N Uu1 b N D O M 0 W 0a x 0fx AH W b z H o A m H O D O W W H P O N W. C4 ~1 N O x W in H W z x O ~Fj U O H a R z0 W x O O jr7N (7 R H NN HH W b1 A N F N [•7 w W H N H H E E N W A z 7. S W H w a O N E W q M x 0 U O W C7 N m N H H W z U E $ o in N a N 0 N H 1-f ~i a H 5 W yy,. W O N O N R R W O O W z N O H H H H H K N H O a, N O W NHRw H O E F m xU H x 4 a ARmR A m Rw NbO \Ux V• DWH a N Nm F HHN Wb H1-~m N m O a H E \ m rS w W N F H Iw E U TA a o x R W O U£ N O W rq~ W H H'm x z x z w a x O U N W U H N M H N U' F C4 O ~r7 C9 U w C7 Ix qq F N (7 x O F H z w o N z z W Z A qq o z w +1. m > a' z W. \ O PG m R z F m F U 0 a 0 N z zz O v c O R N N N O x 1. o R\ O E H a p W W H CO m N H [4 O H g m \ a A a R O O a H W U' z H p U •4 x R z N E H m W O a H R H R U d tr! R. w z •C N N U R W H W H yy~yy~~ U W H w ~(aq7 Uqy H N U m x H (Wq R a R W Pi R W U a q x N H q w c7 F U7 ra C4 4 (a wx p O W N CA M O w H O R W d' N O O N W W W O 3 H N W E H W 3 O z w H E MW E H O W W a Z U W. U x\ .4 xx x E m m a m H O A N N E ` P4 m H Ppq A O x N O U O z H H N a N Z N H mN H w g m m m H H m W m N U O a mm p N .\i H O z o z o r\1 z W R F 7, A WW Z .al H 0 m a H~ z z tNii ,7, m H z z N H O NO F F R E a O E O m H F F H m W H rC H N w x O H O x ] O R W O N Z W O w M H N R H H FA W7' U N H zH ~1 P~ U H U H z U H Q a u l W N w H O x w U a UTWAOxH O Nzw 4 C> k' rmr~~W11 HE, A P4 P4 H Nw DI 0 NZ z NN xy// N u O E 7m HO L4 E N U O am' m U 0 O H w N H m R W N W N O H m W O U N N o N Lxi N W rl o z m N qz F EW-. x w a 0 . o W O W m W O F P W N W o z Q H x R O N g \ O W H r~ E P N U H W C4 O W' N E N W N x N N a H N W U w E. a m N O m H N m H A co m \ N H EA M H a H Z 0 U7 N W W R \ R Gl P; w x r4 W W E E N H O R Z `,d H Wm m H N m O W H N m NH H W WP~ Em H [7 HU N m O a a H'3H mhWO R a wNWHUAN OU W O 0M W; R .0 m !X pW O W o w H N S E x x a O M A H H H a m\ t, E z N gg E R b H N E frAA N A W E W E O H W N z H co a a O H H H W W F-~ ((,,77 t0 H w m W w 0 W H W R z O a q W x O W m x z U G H O yy.. [.7 U U .z N ',8 A W R p x H N F4 R 9 w I H :9 W W O O ~+qi a W F a m x N E a m r{ E N O H a N H H a 3 a' m~ N H P: N H S1 N H W H W H N U9 b R • fl w ".C W H O m l~ iC x O O 0.• c7 O t~ \ U9 W xx O o [E~ w a a w UH V~ H07 10 F 1.4 w m O W HO HOOOm zHH.+ z W o[9z o<' PP7~ u F p U o H x z\ ~ m\ R a R U z o F W O a N H 4 F~ w p w 7. m N a U .C H 0 w a m H .^i .C m O P, 'N m 7. TA ,Z m N m W F a U9 q • a w m m O W 0 m W U H E+ a. x a W A W H UP Z H a W FS E w a H o w O •3 w N m R w F•~ H pr. W N U N U H A A m xx m m H O 0 R W H z U lk W E a w\ U o P7 ~ A R N x H O N m W W S H a m a a m A a H W z W. a m O a H w 0 N a '-s N I O ~ co E N N O O Z H z m a p a M R 4 Q 0 R H w w H O c H z a w N C7 \ O N U o a N N A N N E 7.; M O m O W Ti w W U m p a p z W A w E N W H 1 O M • E a m N O O O M N F4 w H o H H E R x A ~i A N qq•• w U A a A m N 0 O A H A m a W O m A O N H W R\ R O Z H N W N O H N W\ H x H N H q a a H W W R ~1 A• E a N a 7. w H N a U E A a z P. O M H IC o H O H w o m U' z o x m O U H O z W N H A a N E+H wOP. ~a3 N'x m.1rA O~•T4 zx a ii`b Rw E `N °•a 03 rj •°~'~aaxH~ ~O N xzd N R F. H 'I. E N U P. F W H z W N /C W H N H .C F H rC H O O H H E E F E H W H U9 U m z F F OH mary~ Hm^,+w a zP.zmaammix w az~ HOH am U U' H E P'i 0 O H O O H O O R O E O W A W O H Y Y N x z x H w O H R O EN O O RHHO ax3,U7-~xp p'ppz mz Wam z zmmN 0.S ~a❑7uAZZ'wz m z P~ mw zA 94 O O H H H E H U W H .Z W O E Z L~ W r~ O WW H O U O D4 2 Hzzz W 0 O pW7 r\i W R U~ PP77 w W g W$ W rR7 H R H h• W R z z U p N P. w a U R M U U N a U Fi U x z u H U U x x N U ttl U f4' H o U W xWx HUx~~,7W W U z 5aH£MPxzPx77H ~wyz+H RHH HZ FFii rxz7F Wz1, Wm gzQw P~HH E H(~zp7 ~7E xz UzWrHH O 7.Z UHW W W ~W R gmF~U .a -~OF ~FWW U aZ?L~ PW9 HxHH FH.z-1F000H.x7 'F U-~U~~SA WF .H7 N a n m a °z 0 N r Cl H z N 0 m U E9 A Wa~ W 0 z o c~H,7m pp•UR w W7R H m w ~~$G7 U a o C N m N O a H W R a M a w z 0 H w H U w A N a~ M I!1 0 M •P] W m P n Lo t` ti Q z Z O a U W I H I . N I rrr~~~, W ri y op ~/3 N ° Q Fo oC a ' I ~ Url oo ~rNQN poG+ Iq E p~Tlj. m ta!{ m E N L O p 2 O ~oy~ 7+ ~y [y 11 C9 L, r-i y p t• co ri +G PQG p FFu{ m v W 0 rl W'W~ BJAMISON JEFFERSON COUNTY ASSESSOR/TREA~rIRER SYSTEM QPADEV0006 04-10=02 10:10:22 OWNER HISTORY SELECTIC ATSIO17 Next Screen: Key: 197943 Schedule: 197943 Parcel ID: 39-251-00-047 Sdiv: Option: 1=Select Owner Names ONESLAGER RICHARD D JR SECURE STORAGE CENTERS LLC DEPEW HOLDINGS LLC PREHN JOEL V B/T Lot Key Sec Twn Rng QS Tot Acres Reception Sale Date Deed Chg Date Init 215 25 03 69 NE 1.398 F0755983 12-08-1998 SWAR 3-30-99 BJK 215 25 03 69 NE 1.398 F0637252 6-23-1998 SWAR 8-05-98 RKB 215 25 03 69 NE .848 F0497437 10-17-1997 WARR 12-02-97 RKB 215 25 03 69 NE .848 88125565 12-28-1988 DCTF 8-14-92 KDS F8=Sales History F10=Sales Verification BJAMISON JEFFERSON COUNTY ASSESSOR/TREACTTRER 04-10-02 10:10:04 PIC Key: 197943 Schedule: T-Dist: JIJ9 Reason: Ownerl: ONESLAGER RICHARD D JR Owner2: C/O: MASTER 197943 Status: 2 C78 SYSTEM QPADEV0006 ATSIO02 Next Screen: Parcel ID: 39-251-00-047- Related Schedules 109786 Ty: CT Sf: Ut: 3700 St: CO Zip Code: 80112 - Ty: AVE Sf: Ut: St: CO Zip Code: 80212 - City: WR Actual Assessed Land: 319780 92740 Imps: 0 0 Total: 319780 92740 Mail: 07853 Dir: E Name: ARAPAHOE City: ENGLEWOOD Prop: 05630 Dir: W Name: 38TH City: WHEAT RIDGE DBA: PLATS BALMAR CONSOLIDATION PLAT 11/99 BK Most Recent Sale Data Date Date: 12-08-1998 Code: 58 Assessed Amt: 404500 Deed: SWAR 4-02-2001 Sdiv Reception B/T Lot Key Sec Twn F0755983 215 65 3 Rng Qsec Land Area Acres 69 NE 60910 1.398 Nhood: 102 Area: Bsm Area Total Land Tot Acres 60910 1.398 Sub: Struc Use Blt Unt Con Bsm Bld Flr GT Liv Area F7=Addl Mst Inf F8=Prt Mstr F21=Dsp Doc F5=Pic & Sketch Last Chg Dt: 11-22-99 BJK Date: 03-25-2002 Property Address: 5630 WEST 38TH AVENUE GALLOWAY ROMERO & ASSOCIATES 5350 DTC PARKWAY GREENWOOD VILLAGE, CO 80111 Attn: LARRY PARKER Phone: 303-770-8884 Fax: 303-770-3636 Copies: 1 Sent Via Courier* Form DELIVERY Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: ABC630125.2 ENGINEERING SVC. CO. 1300 S. POTOMAC STREET SUITE 126 AURORA, CO 80012 Attn: BRETT MILLER Phone: 303-337-1393 Copies: 1 Sent Via Courier* C1VES4- ACo54 03 Land title guarantee Company YOUR CONTACTS Date: 03-25-2002 Property Address: 5630 WEST 38TH AVENUE Buyer/Borrower: Seller/Owner: RICHARD D. ONESLAGER, JR. Our Order Number: ABC630125.2 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Commercial Title "ABC" Unit Christy Brown 14001 E ILIFF AVE 11500 AURORA, CO 80014 Phone: 303-636-2775 Fax: 303-755-7957 EMail: cbrown@ltgc.com Need a map or directions for your ul for directions to anv of our 40 office Information Binder closing? Check out Land Title's web site at www.Itgc.com ESTIMATE OF TITLE FEES $150.00 I TOTAL $150.00 1 Form CONTACT THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. ABC630125.2 Schedule A Cust. Ref.: Property Address: 5630 WEST 38TH AVENUE 1. Effective Date: March 13, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RICHARD D. ONESLAGER, JR. 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. ABC630125.2 LEGAL DESCRIPTION THE NORTH 230 FEET OF THE EAST 112 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE NORTH 30 FEET FOR WEST 38TH AVENUE, EXCEPT THAT PORTION CONVEYED TO THE CITY IN DEED RECORDED MAY 10, 1982 UNDER RECEPTION NO. 82031513, AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND USED FOR THE RIGHT OF WAY FOR THE WEST 1/2 OF DEPEW STREET. MORE PARTICULARLY DESCRIBED AS STARTING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY WHICH IS THE TRUE POINT OF BEGINNING THENCE SOUTH 89 DEGREES 46 MINUTES WEST A DISTANCE OF 25 FEET; THENCE NORTH, PARALLEL WITH THE EAST LINE OF NORTHEAST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHEAST 1/4 SECTION 25 A DISTANCE OF 159.58 FEET TO A POINT OF CURVATURE THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 15 FEET AND INCLUDED ANGLE OF 90 DEGREES AND A CHORD WHICH BEARS NORTH 45 DEGREES 14 MINUTES WEST AND A LENGTH OF 21.21 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF 38TH AVENUE; THENCE NORTH 89 DEGREES 46 MINUTES EAST, ALONG THE SOUTH RIGHT OF WAY OF LINE OF WEST 38TH AVENUE, A DISTANCE OF 40 FEET TO THE EAST LINE OF THE SAID NORTHEAST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHEAST 1/4 SECTION 25; THENCE SOUTH ON SAID EAST LINE, A DISTANCE OF 174.58 FEET TO THE TRUE POINT OF BEGINNING. THE FOREGOING PARCEL IS ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 993.12 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 NORTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4 OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 17 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID EAST 1/2 NORTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 17 MINUTES 21 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 200.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 306.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF DEPEW STREET, WHICH POINT IS 25.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST 1/4 NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 00 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE AND BEING 25.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID Our Order No. ABC630125.2 LEGAL DESCRIPTION NORTHWEST 1/4 NORTHEAST 1/4, A DISTANCE OF 185.05 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 32 SECONDS, AN ARC DISTANCE OF 23.54 FEET, THE CHORD OF SAID CURVE BEARS NORTH 45 DEGREES 08 MINUTES 50 SECONDS WEST, A DISTANCE OF 21.20 FEET TO THE POINT OF TANGENT OF SAID CURVE, WHICH POINT IS ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AND WHICH POINT IS 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 291.04 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED BY: BURDICK ENGINEERING CONSULTANTS INCORPORATED 2109 S. WADSWORTH BLVD. GARDEN LEVEL NORTH LAKEWOOD, COLORADO 80227 IN SURVEY DATED MARCH 13, 1997, JOB NO. 92792 E ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABC630125.2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: T THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. G: ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC630125.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. EXISTING LEASES AND TENANCIES, IF ANY. lb. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED SEPTEMBER 27, 1950, IN BOOK 691 AT PAGE 136. 11. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF WHEAT RIDGE IN INSTRUMENT RECORDED APRIL 09, 1991, UNDER RECEPTION NO. 91029075. 12. FINAL ORDER OF INCLUSION INTO THE WHEAT RIDGE WATER DISTRICT RECORDED JUNE 6, 1991 UNDER RECEPTION NO. 91048927. 13. OVERHEAD UTILITY LINES, TELEPHONE PEDESTAL, AND ENCROACHING 8" CONCRETE WALL ALONG SOUTH PROPERTY LINE, AS DISCLOSED ON SURVEY BY BURDICK ENGINEERING CONSULTANTS INC. DATED MARCH 13, 1997, AND REVISED MARCH 22, 1997, AND JULY 18, 1997, JOB NO. 92792. 14. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO OIL CO. IN INSTRUMENT RECORDED MAY 20, 1997, UNDER RECEPTION NO. F0415663. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC630125.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JUNE 04, 1997, UNDER RECEPTION NO. F0423499. 16. AFFIDAVIT REGARDING RIGHT-OF-WAY AGREEMENT RECORDED OCTOBER 23, 1997 UNDER RECEPTION NO. F0497435. 17. DEED OF TRUST DATED DECEMBER 08, 1998, FROM RICHARD D. ONESLAGER, JR. TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF MEGABANK TO SECURE THE SUM OF $323,200.00 RECORDED DECEMBER 10, 1998, UNDER RECEPTION NO. F0755984. LAND TITLE GUARANTEE COMPANY STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-I1-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and ressppect the privacy expectations of today's consumers and the requirements of a plicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ('Personal Information' and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our intereet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal hiformation with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise perrmtted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor all subject to the provisions of Schedule A and B and to the Conditfoins and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not he valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS t. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosesuch knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith lal to comply with the requirements hereof, or Ibl to eliminate exceptions shown in Schedule B. or Icl to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy ar policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall he restricted to the provisions and Conditions and Stipulations of this Commitment. Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 CHICAGO TITLE INSURANCE COMPANY `S EtNSUrtyNC~ /~~~i4~~~~1 \ n President l40L az SEAL c Secretary Authorized Officer or Agent CC.CHI ~ ¢ O U ~ 'd M w ooU- z U ~ b d o .p W W z a O O SA ~ i i U o F m h o'oo ° o W xj° m .o o u z o o ro A .N. U p U v, y 0 0 0 N U o o N 3'e^o ° o y d a o F° r a ° m U ro v r A v C W AF U y W w T m n° W w d Yo a o A ax„3 n ooN- c~ ,w O~ d 't7 U w w p g x h _ C Pi F o 0. z O h M O O C R O N ;o 0 W 4„ p? a+ 41 o. op'd d aCi o h o, o roo o F o ° 0 3 d V >,.w'~' xa°y F omur0g = °°op~p .sPma x N a8 o ~ro a o I 00 ~ P~. v a v .n z v Pn: ,`o w C `od m ~ " z v a" 3 v .y ,9 ~ p etl ro 'U w' 'w m" N ~p d y v] p 'a N b U O ~ O° .L W ro Q p ulwvan .~q y ?'n x'8~vn ,o hr~? m~3„ ¢ o ° P. rob p y U9 N En! y '"3 `w G 7t U .5 O N `V 4.r 0 o w ° •o x v o q w v iy ° N v o a b x o p"p ~ A .w v oUi ~ vi y oUO ray ~ 3 F ° o o 0 o T a w m U „ a N a to 4i N O C U w x U J i dU o ,5 y po U a " d v °w yo oa °U 2 °a o ° ~0 2°o z o~°uoro ay w cli U .O F ° ~ w G. a. tE p ~ A W j ^ ~ 0 0o m 3 P, t°u y g kV >,.o O w qy to O y 7 o O y U o, F U m ,y 'r 00 U H O ti W A j F P W N p 0 b5l, OR O~ N N 'p^ 'p ? y d oob 0 o .o xi a o N v o o^ 'y~ rOOn m o 3 0~0 " aroi o awi ~ o ro vro C ,O a 0 w a w O rn° W Coo a ° .G O C7 awi M y a o 'Q o w w a woo - s w to q' 0U v ~p; vio v v v (n a o o ° C A ~ ~oo a,d mw p ° w-y-rn o F" ~ a..~ U ~ q v " ~ ~ ro _ ro •o v F .ap p ~ p " ° g o 0o avi ° p ro v x ~a a >'.o v ~ a o y m O d o ° oOo °v wo~ o o F w ° p" o > °wD ''a U o m C; ~y O :d^ o V] 7 h ro ti ro ° m b m J. ¢ ry 4 co CZ `~v bMMW E'•°o a d' Zz aoo o cviz"'ro ro ° ~`e"}"y' o~Co avi s2°. v • d W N O O y :Oti O CN O d U° ~j N A ON aL ❑N F A .a by t~C T w 41 W a iC .7 [.N. N a r3 01 O L' N U rn~ O .G A F_ VJ y O 'O O~ , W p w R1 Vy y Q0 I-~ 1 w a F x 00 O O q Ln y M N V] O C6 .Ei i~ F 'n o ro v w a w o ,y m v~ a 'g~ ~ v y ~ v x E.. 2 o z ° o" o o' Q v o F! m m C d" ro U $ o 3 y i ro z v v o w wI~g v a` v 3 ro o p-- o U al v W x a rnU ~ o 0 0 .c : w v v o a a ~ H° ° o ° o au 0 0 O .L❑~.' p W b g W p W p°p ° O N m~ U° n ~N ° a N b ':7 7 - S y fG~4{ a v U P U nv~i n3 C ,av~ b_ M 3 $ b b x z v 3 vJ m ?3~~++ a 3 W.b .-.~U N h 00O h N N N (V V >id ~tl^w N 5 x y W W O lY a> a V a Rf w U O W W N p 0.1 3 .o d oo r o o o v a y > °G v o qW a ,,q >W a aw O o M" n° c a ro a n r 'ry m w 'G oo m o m ° v oS. 8-6 &Z A " p .a yam, ~ ,"e o z'.°3 o ro . q o ;-e ano y ,`q"s o'`a' . o C7 3 N o n'oWo F y w ee m F" . A 3 ~2 o o M T p ,.w.,'^ O a~°i W w w 0.l x° a v' v m v o F L1 p o° U U p "/y O > ry ° w etl F O O. ~ ~ N C 'n C ~ h ° O o O A O~ ~ N a ~ Fi W v y ro~ bo . n o0 o C s vi C v rn y b~ p ' «r ~ k~ a°i y v W ` evo m o o ] v p o°❑ oa xa W ~.N F O d a s o pp 0 9° ° L> o b w y p,] ° w w o ° W~ C w V~ id 00~ O ~ ~tlN p V N U T o y ~ ~ a ~ W tiro p U O y~ w U w ~ 0.' ~ 'y m A U p ~ ~ \ U ~ a o ° ° $ m o 0 0 a o v p 3 p m a o A ~ y u O O Q L' m nn ° oo a c b W 3 A O ono 3 aoU by a'o 6 ~ d o d ,nom ooo.y a F' Faro .nw v .v an b ° ~ w ~o w o °x> x vv.00o.v o"o O.0 oaw ao° 9 O° d ro p .~o~ ¢rZ' o U N Fd F mrna~ z oo ,a a, za w.n o ~ rnrov~ m a~ d N 0 0 C~ F 8 N 9 M b ¢O j N 'C7 3 0 > ,n O Y Cl) 0 N a vi M rn N ~ o m a 0 a~ p w cd ~ an O ~ N N p, w~i O ti U T ,p O ~ a 00 v° tom. O ro 0 0 HQ "A" EXHIBIT- ~ 1 STORY 1 STORY HOUSE ,a.~ HOUSE T STORY F HOUSE 14 OR., SEC 25 cam Cf1Y 0 HEAT " a X58• WOOD F04M Y 4" W~....v YN O,[ 25 IS00'00'02'E 30.00' W. 38TH. AVE. GRAVEL -I OPEN SPACE AREA LOT 1 ONESLAGER RICH38RD D. JR. 5630 W. REC. NO. F0921253 BALIMAR CONSOLIDATION PLAT LINE BEARING DISTANCE L1 S00'00'020E 16.30' t1 589'59'58'1Y 2.52' L3 N00'00'OYW 2.44' L4 N00'DO'02"W 5.50' L5 S00'0002E 5.50' 76 N00'00'02VN 13.26 CURVE DELTA RADIUS LENGTH CHORD DISTANCE Cl 90'00'00" 15.00' 23.56' 545'00'02"E 21.21' OWNER LEGEND SECTION CORNER PROPOSED EASEMENT L; 1 50' RIGHT OF ENTRY AND LETTER OF AGREEMENT I/We, the undersigned Property Owner(s) ("OWNER") hereby grant permission for the PUBLIC WORKS DEPARTMENT OF THE CITY OF WHEAT RIDGE and/or their representatives ("CITY") to enter upon my/our property at the following address: Name(s): Richard D. Oneslaner Jr. Address: 5630 W. 38th Avenue Wheat Ridge, Colorado The purpose of this Right of Entry and Letter of Agreement is to gain permission from the OWNER to enter OWNER'S property to allow the CITY to construct/place and/or transition to/from the owner's property to the proposed Streetscaoe Project. The CITY hereby agrees to repair any physical damage to any real or personal property of the OWNER directly caused by the CITY, its authorized agents, officials and contractors in connection with this entry on the OWNER'S property and/or frontage for the purposes described above. The CITY shall not incur any further liability for its actions pursuant to this Right of Entry and Letter of Agreement. The CITY agrees to construct such frontage and/or private property improvements only as necessary to complete the streetscape and transition into public improvements to 38th Avenue and adjacent sections of adioining streets, and for no other purpose. The CITY will construct no other improvements on OWNER'S property and/or frontage other than as specifically identified in the list below. The CITY and OWNER agree that the following specific improvements and/or repairs listed below will be constructed by the CITY along the OWNER'S property and/or frontage: ~1. Streetscaoe nroiect improvements including but not limited to: sidewalk landscaping, irrigation VRtpmq anri nenernl olr,mon4~ mein A-A L....,. q 2. 3. 4. The OWNER agrees to execute an appropriate EASEMENTor other document of conveyance to the CITY necessary to construct public improvements which would encroach onto OWNER'S property. The CITY and the OWNER agree to the promises, conditions, and limitations contained herein. ~'s~ EXECUTED THIS! day of ot,& , 2001. CITY OF WHEAT RIDGE (CITY) PROPERTY OWNER(S) (OWNED RobertGoebel icliard D. Oneslager, Jr. Director of Public Works Approved as to form 8/2000 Gerald E. Dahl, City Attorney Project # S-SCP-02-01 FilesonEnginent\Forms\Legal\ROELOAi-MRGJ" j~'^`~'~.,°1 ,~°:.+ryy a~.,• 3 ii f r"° X~;%~'.+~y ,q gt ~ ' 3 a~ t i ~7 ~ ,3 l° 1m'mw 1 bmrv5"J ! ~,4.✓,° tl e"',3 ~..u.L~s°~i4.'ia» ~'v ,3~~~3 + T 1 "5>~ 5,.:, i v NW CORNER OF THE NE 1/4 AF SECTION 25, T.3S., R.69W., (FQUND CALCULATED NE CORNER OF fi 3-1 /4° BRASS C,4P L.S. N0. 13212 IN RAhIGE BOX) THE E t /2 OF TFJE NE 1 /4 OF THE NW 1 /4 OF TEiF NE 1 /4 OF SECTION 25, T.3S., R.69W., 2 12 30 2--~--~----------- ct--~ 0 6 20 4Q ~ I (NOTHING FOUN~J QR SET) SCALE: 1 „ = ZOO ~ SZORM MH RIM=410.72 SAN MH INV=395.72. RIM=410.92 c'-- INV.OUT=402.27 LEGENQ ,.,,ems INV.IPJ W)=402.57 TELE t~Fi ( T R INV.IN~E)=402.32 RIM=41p.28 RIM=41 - - -E- - - ELECTRICAL LIPIE ~ _ ~,'YNV=404 ~ ~ - - - -G- - - GAS LINE ~ ..w o~`° a`° L - -s" ss- - SANITARY SEWER UNE FOUND CHISE - -so" s7s- - STORM SEWER LINE -ALSO FOUND & CAP L.S. N - - -7- - -TELEPHONE LIME 1.93' S0 CALCULATED - - =nf- - TELEViSiON LINE ~h a - -12" w- -WATER LINE NW CORNER OF THEE 1/2 OF THE NE 1/4 OF THE NW t/'4 OF ---------a~ CO~dTOUR LINE THE NE 1/4 OF SECTION 25, a~~ . 48" CHAIN-LINK FENCE T.3S., R.69W.. OF THE 67H P.i~A. --12" W---------e~,---------12° W------- ------4" G---------------------4' G-------~----- 6' GNAIN-UNK FENCE ~,~6°` _ - - - - - OVERHEAD POWER LINE ~ ~ ~ ~ u FIRE HYDRANT N~9'S9'S8"E 264 3.16' ~ ~~ASIS OF BEARIN - - - ~ - - - ~ - - - ~ - -NORTH UNE OF THE NE 1/4 OF SECTION 25, T.3S., f~.69W. OF THE 6TH P.M _ ~i LIGHT POLE '~~T~ A~~ ~F i~P O MANHOLE ~ r,= m PQWER POLE e° --,~h_ ~ry STREET LIGHT o TELEPHONE PEDESTAL a p~• • ~ w ,~....~,,.,~.~~,""t" ~Vl~t~f"(C. I C Y~f1E..E. t1tV A i I PROPERTr LwNE ~ r ~~,y ~ ~ ~ E LINE ©F 1~~8T 38TH ~ :8T 8TH AVENUE, A Q18TANCE ~F 4~® FEET T~ THE l~1NE ~F v o TRAFFIC LIGHT I THE SAID NQRTNEAS I •T SEC`~IgN 25 HENCI ~ w I I ~ TQ THE TRUE POINT ~ p . ~ ea WATER VALVE i I - o°j I I 175 RICK OF E~~Y SPOT ELEVATION SEC. N ~-F~56fi3 I 0 I I .~`~o,~~- TOP OF CURB ELEVATION - k1 esq. I I _ i 1~°-- FLOW LINE ELEVATION 0 AFFIDAVIT ~~a s~ `'N EVERGREEN TREE ~ °"'-TRUNK SIZE WC WITNESS CORNER r~- L h - - a • i ~~t L ~i i ~4 A L`1- r 1 Y 1 13 / OVERHEA[) POWER ENCROACHES _ k i i I S 1 E, i cv 0 t O C1J T' ~a o THIS SUf2VEY WAS REVISED AUGUST ~ A8C630?25 PREPARED BY LRND TITI c*i DATE OF JULY 9, 1998 AT 5:00 P. SEARCH BY THIS SURVEYOR FOR A a OF RECORD. 4 Q NO ADJACENT PROPERTY OWNER INF a ~ THIS S1T~ IS ZONED PC-t. a ~ SETBACKS FOR SAID ZONING ARE A p FF`UNT - 50 FEET MINIMUM, OF THE BUILDING D o, SETBACK IS LANDSC ~ EITHER SIDE OF A -o c 3'9< < L.~ ~ 5~~E - FIVE FEET PER BUL T MAY BE PERMITTED i "v r..~ a~ OR NONFLAMMABLE ~ DEDICATED PUBLIC BASED UPON ANY DEFEAT IN THIS SURVEY WITHIN THREE YF~IRS AFTER SUBJECT PROPERTY AND IS PLOTTED HEREON. AN AFFIDAVIT WAS FILED AS 5350 DTG Parkway i REAR - TEN FEET FOR A O ~ STORY THEREAFTER. 'OR A ONE STORY BUILDING AND FIVE FEET' FOR EVERY YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED 2EAFTER. 15 FEET WHEN ABUTTING A PUBLIC STREET. UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN rtN WARS RECEPTION NO. F0497435 CONCERNING THIS EXCEPTION (SEE EXCEPTION i 116). IT IS HIGHLY RECOMMENDED THAT ARELEASE OF THIS DOCUMENT BE i , , . Englewood, Colorado 80111 Tel. (303) 770--8884 Fox. (303) 770-3636 CL FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ~ BEARING USED ON THIS SURVEY AF OF SECI!ON 25, T.3S., R.69W., OF I iRVEY ARE BASED ON THE NORTH LINE OF THE NE 1/4 0AT°E: I r I 08--10-98 FIELD BOOK NO. Q do E~Ef NCE MONUMENTS PREPARE o WHEAT FIDGE BEARING A DATE OF N 0r 775--A ~ SHOWN fiEREON. J Q SURVEY NO. G~ c 98088-GR MOO ) Sri a uomopmn RAWER NO. G in ri L C~ 3 14426 East Evans Avenue, Suite 150 213-GR O O Q Aurora, Colorado 80014 IEET NO. Phone: (303) 337-1393 Fax: (303) 337--7481 CJ engineers--surveyors 1 OF 1 Z 1 of wergr' L4_N0 USE CASE PROCESSING ttPPLICATION oew"rArq Planning and Development Department c 7500 West 29' Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 ~otoRAa° ~aCORA00 T (Please print or type all information) Applicant Balmar Management Group, LLCAddress 5271 S. Yampa St. Phone 303/680-8620 City C n enn al State CO Zip 80015 Fax 303/265-9551 Owner Balmar Management Group,LLC Address 5271 S yamna et_ Phone303/680-8620 CityCentennial State CO Zip 80015 Fax a0ak h9-4551 Peggy Friesen @ Address 5350 DTC Parkway Phone 303/770-8884 Contact r,i i *Ag Rnmerr, k ASSQQi 2+-os City Greenwood V!11age State rn gnttt Fax303/770-3636 (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.) Legal Description: Lot 1, Block 1, Balmar Consolidation Location of request (address): 5630 West 38th Avenue 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 6 Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Intecpretatioh`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: Rezone a, 1 4 ac e_parrel o PD PMim al idated pl2t, and Final Development Plan for development of "a mixed-Ilse project at the southwest corner of West 38th Avenue & Depew Street - Required information: Assessors Parcel Number: 39-251-25-001 Size of Lot (acres or square footage): 61,153 SF Current Zoning: Proposed Zoning: PD-MU Current Use: iindevel nppA Proposed Use:MU=Retail/Townhome/Condo 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 th%c action on his behalf. Signature ofApplicont Subscribed an orn to me this 20 0 L day of A ~PR I I- t/L~~O_. /VU✓X Notaiy Public My commission expires 7 7 /Z~0 Z Date received 2 Fee s eo Receipt No. A5 O Case No. WZ 'Ua Comp Plan Desig. Zoning - 4 c-~ Quarter Section Ma Related Case No. Pre-App Mtg. Date zzzl/p Case Manager 'lat Case No.: Z IWZ0206 ! Quarter Section Map No.: NE25 App: Last Name: (Balmar Mgmt. Group LLC Related Cases: App: First Name: c/o Peggy. Friesen Case History: Rezone from R-3 & C-1 to Owner: Last Name: ame PMUD, consolidation plat, nd final development plan: Owner: First Name: App Address: 271 S. Yampa St. ! Review Body: pC City, State Zip: Centennial, CO 80015 APP: Phone: 03-680-8.620 APN: 39-251-25-001 Owner Address: ame 2nd Review Body: CC City/State/Zip: 2nd Review Date: Owner Phone: Fame Decision-making Body: C Project Address: 5630 Approval/Denial Date: Street Name: West 38th Avenue City/State, Zip: Wheat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: Conditions of Approval: Project Planner: Reckert District: Pi- File Location: ctive Date Received: /16/2002 Notes: Follow-Up: IPre-App Date: Dave Gallaway 0 50 100 Feet Pre-Application w E CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING Balmer Management Group, LLC is proposing a mixed-use development on the 1.4 acre site located at the southwest corner of West 38th Avenue and Depew Street in Wheat Ridge. The development is designed to allow the integration of residential and commercial uses to provide a traditional urban development presented with historic character and design features. Applications for a zone change to create the Planned Mixed-Use District and a Final Development Plan will be filed with the City for review and approval in the next several weeks. We would like to extend an invitation to meet with you to informally discuss the project on: Date: Tuesday, April 2 Time: 6:00 p.m. Place: Wheat Ridge City Hall 2n° Floor Glass Conference Room 7500 West 29`n Avenue Wheat Ridge, CO The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property, an applicant must notify all residents and property owners 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 viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it-is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: Is the proposal compatible with surrounding land uses and zoning? Are there adequate utilities and services in place or proposed to serve the project? What is the impact on our streets? How will this proposal affect my 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 Planning Department 7500 West 29th Avenue Wheat Ridge, CO 80215 OE 24 J ' l xl al ~i xi al ttI rli ~i ~ l SI ni mi mI I" I nI aI cel FR D L. mil 11 11 1 ~s 3M I~ 3ID5 3. ^ M;, L fIN E /l/^ N 3iM V - ]iGy 3XG 3365 3}AW1W r R - n 3vz I LI ~ ~ ~ A 51 OF 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) c DEPARTMENT OF PLANNING AND DEVELOPMENT NE 25 O IW 200 'CO 400 Fcd MAP ADOPTED: June 15, 1994 L C3 * # 1 MetroScan / Jeffers - : Owner _ :Sainz Philip/Bon..ie Scheu-,e :021512 Site :3765 Chase St Denver 80212 Parcel :39 251 00 009 i / Mail :3765 Chase St Denver Co 80212 Xferd :11/04/1998 , C• LandUse :1112 Res,Improved Land Price :$147,950 Full TaxDist :3139 OwnerPh - Bedrm:4 Bth:1.75 YB:1956 Parking:Detached Firepl: TotArea:1,020 Ac:.1:5 # 2 MetroScan / Jefferson • " Owner :Magadiri Britt C Schedule :021513 7 Site :3900 Chase St Denver 80212 - Parcel :39 244 20 009 151 Mail :3900 Chase St Wheat Ridge Co 80212 Xferd :11/16/2001 LandUse :1112 Res,Improved Land Price :$10,000 Full TaxDist :3139 OwnerPh Bedrm:4 Bth:1.50 YB:1939 Parking:Detached Firepl:2 TotArea:1,573 Ac: .30 # 3 MetroScan / Jefferson Owner :Cole Philip Schedule :021517 Site :3930 Chase St Wheat Ridge 80212 Parcel :39 244 20 010 Mail :3930 Chase St Wheat Ridge Cc 80212 Xferd :09/25/1992 LandUse :1112 Res,Improved Land Price :$81,500 TaxDist :3139 OwnerPh :303-940-7035 Bedrm:5 Bth:1.75 YB:1938 Parking:Attached Firepl: TotArea:1,308 Ac: # 4 * : MetroScan / Jefferson Owner :Greenier-Sandoval Sonia P Schedule :021521 Site :5855 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 00 047 Mail :5855 W 38Th Ave Wheat Ridge Co 80212 Xferd :06/06/1996 LandUse :5178 Misc,Residenti.al,Mixed Use Land Price :$179,000 Full TaxDist :3139 - OwnerPh Bedrm: Bth: YB:1967 Parking: Firepl: TotArea:3,804 Ac:.43 # 5 MetroScan / Jefferson • Owner :Nelson Brian E/Kristine E Schedule :021542 Site :3846 Chase St Denver 80212 Parcel :39 244 20 004 Mail :3846 Chase St Denver Co 80212 Xferd :09/09/1999 LandUse :1112 Res,Improved Land Price :$229,900 Full TaxDist :3139 OwnerPh :303-463-5301 Bedrm:4 Bth:2.50 YB:1934 Parking:Detached Firepl: TotArea:1,857 Ac: # 6 * ' MetroScan / Jefferson • Owner :Hatmaker Sammie B Etal Schedule :021545 Site :3740 Chase St Wheat Ridge 80212 Parcel :39 251 03 025 Mail :3740 Chase St Wheat Ridge Co 80212 Xferd :10/25/2001 LandUse :1112 Res,Improved Land Price :$169,500 Full TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Attached Firepl: TotArea:920 Ac: # 7 MetroScan / Jefferson Owne r..__ :Lomax Richard K _$chedule p_021547 Site :5845 W 37Th Ave Denver 80212 Parcel :39 251 07 018 Mail :5845 W 37Th Ave Denver Co 80212 Xferd :01/13/1999 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1953 Parking:Attached Firepl: TotArea:980 Ac: # 8 : MetroScan / Jefferson • Owner :Jefferson Cnty Hsng Authority Schedule :021560 Site :5755 W 37Th Ave Wheat Ridge 80212 Parcel :39 251 00 018 Mail :6025 W 38Th Ave Wheat Ridge Co 80033 Xferd :10/23/2001 LandUse :5112 Res mproved Land Price :$715,500 Full TaxDist 3139 -r OwnerPh Bedrm: Bth: YB:1960 Parking: Firepl: TotArea:8,568 Ac:.55 # 9 • MetroScan / Jefferson • Owner :Oppenheimer Jon E Schedule :021576 Site :5830 W 37Th 21 Wheat Ridge 80212 Parcel :39 251 07 004 Mail :5830 W 37Th P1 Wheat Ridge Co 80212 Xferd :10/01/2001. LandUse .:1112 Res,Improved Land Price :$220,000 Full TaxDist :3139 OwnerPh Bedrm:3 Bth:1.50 YB:1953 Parking:Attached Firepl: TotArea:1,566- Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 10 MetroScan / Jeffers ' Owner :Lorac Properties Inc Sched,. e :021585 Site :5495 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 20 001 Mail :9105 E Lehigh Ave #86 Denver Cc 80237 Xferd :02/13/1992 LandUse :2111 Vacant,Commercial Price - TaxDist :3139 OwnerPh Bedrm: Bth: YB: Parking: Firepl: TotArea: Ac:.37 # 11 MetroScan / Jefferson ' Owner :Rossorelli Ray C Schedule :021610 Site :3896 Chase St Wheat Ridge 80212 Parcel :39 244 20 008 Mail :3898 Chase St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3149 OwnerPh :303-424-7306 Bedrm: Bth:1.00 YB:1941 Parking:Mixed Type Firepl:l TotArea:1,056 Ac: # 12 MetroScan / Jefferson ' Owner :Ciacco Albert Schedule :021692 Site :3735 Fenton St Wheat Ridge 80212 Parcel :39 251 07 002 Mail :3735 Fenton St Wheat Ridge Cc 80212 Xferd :07/09/1991 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-422-2471 Bedrm:- Bth:1.75 YB:1953 Parking:Attached Firepl: TotArea:1,435 Ac: - # 13 Metroscan / Jefferson ' Owner :Day Betty P Schedule :021757 Site :3935 Chase St Wheat Ridge 80212 Parcel :39 244 19 022 Mail :3935 Chase St Wheat Ridge Cc 80212 Xferd :05/07/1981 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-3152 Bedrm: Bth:1.75 YB:1956 Parking:Detached Firepl:l TotArea:1,859 Ac: # 14 MetroScan / Jefferson ' Owner :Lund Craig 0 Schedule :021759 Site :3875 Eaton St Wheat Ridge 80212 Parcel :39 244 16 023 Mail :3875 Eaton St Wheat Ridge Cc 80212 Xferd :11/21/1996 LandUse :1112 Res,Improved Land Price :$147,000 TaxDist :3139 OwnerPh :303-432-1758 Bedrm:2 Bth:1.00 YB:1932 Parking:Detached Firepl: TotArea:912 Ac: # 15 MetroScan / Jefferson ' Owner :Paul A & Margaret D Diederich Family Trs Schedule :021771 Site :3770 Chase St Wheat Ridge 80212 Parcel :39 251 03 026 Mail :3770 Chase St Wheat Ridge Co 80212 Xferd :07/24/1995 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Detached Firepl:l TotArea:1,256 Ac: # 16 MetroScan / Jefferson ---owner- Site :3825 Chase St Wheat Ridge 80212 Parcel :39 244 19 031 Mail :3825 Chase St Wheat Ridge Cc 80212 Xferd :11/22/1995 LandUse :1112 Res,Improved Land Price :$115,000 Full TaxDist :3139 OwnerPh Bedrm:5 Bth:1.75 YB:1942 Parking:Detached Firepl: TotArea:1,383 Ac: # 17 : MetroScan / Jefferson ' Owner :Ziegler Elizabeth B Site :5667 W 38Th Ave Wheat Ridge Mail :1880 Winfield Dr Lakewood Cc LandUse :1112 Res,Improved Land TaxDist :3139 Schedule :021791 80212 Parcel :39 244 18 006 80215 Xferd. :09/28/1987 Price Bedrm: Bth:1.00 YB:1937 Parking:Detached # 16 MetroScan / Owner :Riva Alessahdra M Site :3890 Chase St Denver 80212 Mail :3890 Chase St Denver Co 80212 LandUse :1112 Res,Improved Land TaxDist :3149 Bedrm: Bth:1.50 YB:1963 Parking:Attached OwnerPh Firepl: TotArea:961 Jefferson Schedule :021811 Parcel :39 244 20 Xferd :10/25/1991 Price OwnerPh Firepl: Ac: 007 :303-424-7272 TotArea:1,050 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 19 MetroScan / Jeffers - • Owner :Palmer William H Scheaule :021846 Site :3900 Eaton St Denver 80212 Parcel :39 244 18 008 Mail :3900 Eaton St Denver Cc 80212 Xferd :08/02/1988 LandUse :1112 Res,Improved Land Price :$29,132 TaxDist :3139 OwnerPh :303-421-9086 Bedrm: Bth:1.00 YB:1937 Parking:Attached Firepl:l TotArea:1,190 Ac: # 20 MetroScan / Jefferson • Owner :Helsel Vincent C Schedule :021862 Site :3941 Chase St Wheat Ridge 80212 Parcel :39 244 19 021 Mail :3941 Chase St Wheat Ridge Cc 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-423-1114 Bedrm: Bth:1.00 YB:1935 Parking:Detached Firepl:l TotArea:1,063 Ac: # 21 MetroScan / Jefferson • Owner :Cravitt Cindy Schedule :021873 Site :3700 Chase St Wheat Ridge 80212 Parcel :39 251 03 021 Mail :3700 Chase St Wheat Ridge Co 80212 Xferd :08/26/1997 LandUse :1112 Res,Improved Land Price :$119,900 Full TaxDist :3139 OwnerPh :303-421-7359 Bedrm:2 Bth:1.00 YB:1951 Parking:Attached Firepl: TotArea:1,364 Ac: # 22 MetroScan / Jefferson • Owner :Wahlberg Delilah M Trust Schedule :021883 Site :3880 Chase St Wheat Ridge 80212 Parcel :39 244 20 006 Mail :PO Box 87 Idaho Springs Co 80452 Xferd :11/18/1996 LandUse :1112 Res,Improved Land Price TaxDist :3149 OwnerPh :303-567-2353 Bedrm: Bth:1.50 YB:1963 Parking:Attached Firepl: TotArea:1,050 Ac:.34 # 23 MetroScan / Jefferson • Owner :Vinnola Ruth E Schedule :021919 Site :5850 W 37Th P1 Denver 80212 Parcel :39 251 07 005 Mail :5850 W 37Th P1 Denver Cc 80212 Xferd :09/27/1996 LandUse :1112 Res,Improved Land Price :$124,750 Full TaxDist :3139 OwnerPh Bedrm:2 Bth:1.50 YB:1953 Parking:Attached Firepl: TotArea:1,080 Ac: # 24 * MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:1.75 YB:1940 Parking: Firepl: TotArea: Ac:.72 # 25 : MetroScan / Jefferson ..:Ons~ez~.~ ~..n--R/Susan-3- ~ch.edu~ TD-21.952 - Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6226 Yarrow St Arvada Cc 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:2 Bth:1.75 YB:1923 Parking: Firepl: TotArea: Ac:.72 # 26 : MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1938 Parking: Firepl: TotArea: Ac:.72 # 27 MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Cc 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist _ :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1940 Parking:Detached Firepl: TotArea:1,998 Ac:.72 Information compiled from various sources. Real Estate Solutions makes no representations # 28 - MetroScan / Jeffers _ • Owner :Onstott Stephen 2/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full . TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1923 Parking:Detached Firepl: TotArea:992 Ac:.72 # 29 • MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1938 Parking:Mixed Type Firepl: TotArea:1,548 Ac:.72 # 30 ' MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1940 Parking:Mixed TypeFirepl: TotArea:1,548 Ac:.72 # 31 MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Cc 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75- YB:1923 Parking:Mixed TypeFirepl: TotArea:1,548 Ac:.72 # 32 : MetroScan / Jefferson • Owner :Onstott Stephen P/Susan J Schedule :021952 Site :5700 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 004 Mail :6228 Yarrow St Arvada Co 80004 Xferd :03/03/1998 LandUse :1112 Res,Improved Land Price :$260,000 Full TaxDist :3139 OwnerPh :303-423-3774 Bedrm:4 Bth:3.75 YB:1938 Parking:Mixed TypeFirepl: TotArea:1,548 Ac:.72 # 33 MetroScan / Jefferson • Owner :Onstott Stephen P Schedule :021953 Site :5712 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 005 Mail :6228 Yarrow St Arvada Co 80004 Xferd :02/20/1998 LandUse :2112 Com,Improved Land Price :$260,000 TaxDist :3139 OwnerPh :303-423-3774 Bedrm: Bth: YB:1952 Parking: Firepl: TotArea:3,969 Ac:.17 # 34 MetroScan / Jefferson r.~- _ - - ' r~; f c i~r.~..~.-r~Er-LE- - - -5 ckaedu~~ • n 2 ~ a S a Site :5515 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 19 034 Mail :14584 W 3Rd Ave Golden Co 80401 Xferd :09/17/1975 LandUse :2112 Com,Improved Land Price TaxDist :3139 OwnerPh :303-278-3965 Bedrm: Bth: YB:1950 Parking: Firepl: TotArea:1,346 Ac:.19 # 35 MetroScan / Jefferson • Owner :Dowell Arthur A/Cordova H Schedule :021962 Site :5785 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 16 026 Mail :5785 W 38Th Ave Wheat Ridge Co 80212 Xferd :10/02/1996 LandUse :1112 Res,Improved Land Price :$120,000 Full TaxDist :3139 OwnerPh :303-432-0163 Bedrm: Bth:1.00 YB:1936 Parking:Detached Firepl:l TotArea:867 Ac: # 36 MetroScan / Jefferson • Owner :Barnes Mary Jane Schedule :021973 Site :3745 Fenton St Wheat Ridge 80212 Parcel :39 251 07 003 Mail :3745 Fenton St Wheat Ridge Co 80212 Xferd :04/12/1979 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-423-4313 Bedrm: Bth:1.50 YB:1953 Parking:Attached Firepl: TotArea:1,165 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 37 MetroScan / Jeffer6 • Owner :Wagner Valerie J Schedule :021979 Site :3870 Eaton St Wheat Ridge 80212 Parcel :39 244 18 004 Mail :3870 Eaton St Wheat Ridge Cc 80212 Xferd :06/25/1998 LandUse :1112 Res,Improved Land Price :$128,500 TaxDist :3139 OwnerPh :303-456-8503 Bedrm:2 Bth:1.50 YB:1951 Parking:Attached Firepl: TotArea:1,128 Ac: # 38 : MetroScan / Jefferson • Owner :Honour Joyce M Schedule :022036 Site :3855 Chase St Wheat Ridge 80212 Parcel :39 244 19 028 Mail :3855 Chase St Wheat Ridge Co 80212 Xferd :12/27/1989 LandUse :1112 Res,Improved Land Price :$60,000 TaxDist :3139 OwnerPh :303-423-0867 Bedrm: Bth:1.00 YB:1954 Parking:Attached Firepl: TotArea:950 Ac: # 39 : MetroScan / Jefferson • Owner :Griffiths J Eric Schedule :022044 Site :5511 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 19 033 Mail :5511 W 38Th Ave Wheat Ridge Cc 80212 Xferd :09/05/1985 LandUse :1112 Res,Improved Land Price :$71,500 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1940 Parking:Detached Firepl: TotArea:811 Ac: # 40 : MetroScan / Jefferson • Owner :Hyde Scott M Etal Schedule :022063 Site :3895 Chase St Wheat Ridge 80212 Parcel :39 244 19 025 Mail :3895 Chase St Wheat Ridge Co 80212 Xferd :05/31/2001 LandUse :1112 Res,Improved Land Price :$225,000 Full TaxDist :3139 OwnerPh Bedrm:3 Bth:1.50 YB:1940 Parking:Detached Firepl:l TotArea:1,439 Ac: # 41 MetroScan / Jefferson • Owner :Robitaille Daniel R Schedule :022097 Site :3860 Chase St Wheat Ridge 80212 Parcel :39 244 20 005 Mail :3860 Chase St Wheat Ridge Cc 80212 Xferd :07/27/1986 LandUse :1112 Res,Improved Land Price :$40,000 TaxDist :3139 OwnerPh :303-421-7909 Bedrm: Bth:1.00 YB:1934 Parking: Firepl:l TotArea: Ac: # 42 MetroScan / Jefferson • Owner :Robitaille Daniel R Schedule :022097 Site :3860 Chase St Wheat Ridge 80212 Parcel :39 244 20 005 Mail :3860 Chase St Wheat Ridge Cc 80212 Xferd :07/27/1986 LandUse .:1112 Res,Improved Land Price :$40,000 Tax0ist :3139 OwnerPh :303-421-7909 Bedrm: Bth:1.00 YB:1926 Parking: Firepl:l TotArea: Ac: # 43 MetroScan / Jefferson • -Sc-hedu1-e- : nomn a y - Site :3660 Chase St Wheat Ridge 80212 Parcel :39 244 20 005 Mail :3860 Chase St Wheat Ridge Co 80212 Xferd :07/27/1986 LandUse :1112 Res,Improved Land Price :$40,000 TaxDist :3139 OwnerPh :303-421-7909 Bedrm: Bth:1.00 YB:1934 Parking:Detached Firepl:l TotArea:1,470 Ac: # 44 : MetroScan / Jefferson • Owner :Robitaille Daniel R Schedule :022097 Site :3860 Chase St Wheat Ridge 80212 Parcel :39 244 20 005 Mail :3860 Chase St Wheat Ridge Cc 80212 Xferd :07/27/1986 LandUse :1112 Res,Improved Land Price :$40,000 TaxDist :3139 OwnerPh :303-421-7909 Bedrm: Bth:1.00 YB:1926 Parking:Mixed TypeFirepl:l TotArea:1,398 Ac: # 45 MetroScan / Jefferson • Owner :Case Karen K Schedule :022169 Site :3871 Eaton St Wheat Ridge 80212 Parcel :39 244 16 024 Mail :3871 Eaton St Wheat Ridge Co 80212 Xferd :06/17/1989 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-1077 Bedrm:3 Bth:1.75 YB:1939 Parking:Mixed TypeFirepl:l TotArea:1,776 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 46 MetroScan / Jeffers Owner :Bangas Peter A/Bangas F D Scheaule Site :3730 Chase St Wheat Ridge 80212 Parcel Mail :3730 Chase St Wheat Ridge Co 80212 - Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Attached Firepl:l # 47 * MetroScan / Jefferson Owner :Bandimere John C Jr Schedule Site :3655 Chase St Wheat Ridge 80212 Parcel Mail :3655 Chase St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:2.25 YB:1968 Parking:Attached Firepl:l # 48 : MetroScan / Jefferson Owner :Wilson Joyce E Schedule Site :3705 Fenton St Wheat Ridge 80212 Parcel Mail :3705 Fenton St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.50 YB:1953 Parking:Attached Firepl: # 49 MetroScan / Jefferson Owner :Liesen Cheryle Schedule Site :3929 Chase St Wheat Ridge 80212 'Parcel Mail :4040 Depew St N Wheat Ridge Co 80033 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:2 Bth:1.00 YB:1937 Parking:Detached Firepl:l # 50 MetroScan / Jefferson Owner :Rodriguez Richard L Schedule Site :3710 Chase St Wheat Ridge 80212 Parcel Mail :3710 Chase St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Attached Firepl: # 51 MetroScan / Jefferson Owner :Wonning Earl R/Judith C Schedule Site :5823 W 38Th Ave Wheat Ridge 80212 Parcel mail :1980 Taft Dr Lakewood Cc 80215 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1930 Parking: Firepl: # 52 MetroScan / Jefferson Jud-th--C.._.._.._-_--- ~~^hedu3e Site :5823 W 38Th Ave Wheat Ridge 80212 Parcel Mail :1980 Taft Dr Lakewood Cc 80215 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1932 Parking: Firepl: # 53 : MetroScan / Jefferson Owner :Wonning Earl R/Judith C Schedule Site :5823 W 38Th Ave Wheat Ridge 80212 Parcel Mail :1980 Taft Dr Lakewood Co 80215 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1930 Parking:Detached Firepl: # 54 MetroScan / Jefferson Owner :Wonning Earl R/Judith C Schedule Site :5823 W 38Th Ave Wheat Ridge 80212 Parcel Mail :1980 Taft Dr Lakewood Cc 80215 Xferd LandUse :1112 Res,Improved Land Price Tax Dist :3139 OwnerPh Bedrm: Bth:1.00 YB:1932 Parking:Detached Firepl: 022172 :39 251 03 024 :04/01/1996 :$107,500 Full TotArea:1,114 022173 :39 251 00 014 TotArea:2,154 :022194 :39 251 07 020 :04/01/1980 TotArea:1,356 :022200 :39 244 19 023 :03/21/1989 TotArea:1,294 :022228 :39 251 03 022 :03/10/1986 $68,000 TotArea:1,296 :022230 :39 244 00 048 :05/02/1995 :$105,000 :303-238-9880 TotArea: Ac:.18 Ac: Ac: Ac: Ac: * Ac:.49 :39 244 00 048 :05/02/1995 :$105,000 :303-238-9880 TotArea: Ac: :022230 :39 244 00 048 :05/02/1995 :$105,000 :303-238-9880 TotArea:1,050 Ac: :022230 :39 244 00 048 :05/02/1995 :$105,000 :303-238-9880 49 49 TotArea:576 Ac:.49 Information compiled from various sources. Real Estate Solutions makes no representations # 55 - Owner :Lix Thomas L Site :3745 Chase St Wheat Ridge Mail :3745 Chase St Wheat Ridge LandUse- :1112 Res,Improved Land TaxDist :3139 Bedrm:2 Bth:1.00 YB:1952 Pa MetroScan / Jeffers, Schedule 80212 _ Parcel Co 80212 Xferd Price OwnerPh rking:Mixed TypeFirepl: ' * : 022241 :39 251 00 010 :08/18/1998 :$135,950 Full :303-456-5370 TotArea:905 # 56 : MetroScan / Jefferson : Owner :Bisant Philip C Schedule :022247 Site :5883 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 17 005 Mail :10490 W 8Th P1 Lakewood Co 80215 Xferd :07/20/1998 LandUse :5179 Misc,Commercial,Mixed Use Land Price :$179,000 TaxDist :3139 OwnerPh :303-235-0869 Bedrm: Bth: YB:1968 Parking: Firepl: TotArea:3,374 # 57 MetroScan / Jefferson Owner :Pastor Jeffrey Schedule :022257 Site :3880 Eaton St Wheat Ridge 80212 Parcel :39 244 18 005 Mail :3880 Eaton St Wheat Ridge Co 80212 Xferd :01/16/2001 LandUse :1112 Res,Improved Land Price :$147,000 TaxDist :3139 OwnerPh Bedrm:2 Bth:1.00 YB:1951. Parking:Attached Firepl:l TotArea:956 # 58 MetroScan / Jefferson Owner :Lorac Properties Inc Schedule :022270 Site :5455 W 38Th Ave Wheat Ridge 80212 Parcel :39 244.20 002 Mail :9105 E Lehigh Ave #86 Denver Co 80237 Xferd :02/13/1992 LandUse :2112 Com,Improved Land Price TaxDist :3139 - OwnerPh Bedrm: Bth: YB:1985 Parking: Firepl: TotArea:17,485 # 59 MetroScan / Jefferson . Owner :Hoss Kathleen J Schedule :022271 Site :3720 Chase St Wheat Ridge 80212 Parcel :39 251 03 023 Mail :3720 Chase St Wheat Ridge Cc 80212 Xferd :05/26/1999 LandUse :1112 Res,Improved Land Price :$137,000 TaxDist :3139 OwnerPh :303-432-0404 Bedrm:2 Bth:1.00 YB:1951 Parking:Attached Firepl: TotArea:1,084 # 60 MetroScan / Jefferson Owner :Dorsey Zelma Schedule :022288 Site :5725 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 16 025 Mail :5725 W 38Th Ave Wheat Ridge Co 80212 Xferd :01/22/1998 LandUse :1112 Res,Improved Land Price :$125,000 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1933 Parking:Mixed TypeFirepl: TotArea:677 # 61 MetroScan / Jefferson Owner -:Murra Site :3739 Chase St Wheat Ridge 80212 Parcel :39 251 00 011 Mail :3739 Chase St Wheat Ridge Co 80212 Xferd :07/02/1998 LandUse :1112 Res,Improved Land Price :$126,000 Full TaxDist :3139 OwnerPh :303-432-0267 Bedrm:2 Bth:1.50 YB:1952 Parking:Attached Firepl: TotArea:1,172 # 62 : MetroScan / Jefferson Owner :Stark Bridget A Schedule :022329 Site :3875 Chase St Wheat Ridge 80212 Parcel :39 244 19 027 Mail :3875 Chase St Wheat Ridge Co 80212 Xferd :02/05/1999 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-425-7056 Bedrm: Bth:1.00 YB:1939 Parking:Detached Firepl:l TotArea:752 Ac:.18 AC!.28 Ac: Ac: Ac: Ac: Ac:.25 Ac: # 63 ' MetroScan / Jefferson • Owner :Gregory Robert E;+ Schedule :022336 Site :5695 W 38Th Ave Denver 80212 Parcel :39 244 18 001 Mail :5695 W 38Th Ave Denver Cc 80212 Xferd :06/13/1990 LandUse :1112 Res,Improved Land Price :$59,400 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking: Firepl: TotArea: Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 64 MetroScan / Jeffers • Owner :Gregory Robert E;+ Schea--tee :022336 Site :5695 W 38Th Ave Denver 80212 Parcel :39 244 18 001 Mail :5695 W 38Th Ave Denver Cc 80212 Xferd :06/13/1990 LandUse :1112 Res,Improved Land Price :$59,400 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1956 Parking: Firepl: TotArea: Ac: # 65 MetroScan / Jefferson • Owner :Gregory Robert E;+ Schedule :022336 Site :5695 W 38Th Ave Denver 80212 - Parcel :39 244 18 001 Mail :5695 W 38Th Ave Denver Cc 80212 Xferd :06/13/1990 LandUse :1112 Res,Improved Land Price :$59,400 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Carport Firepl: TotArea:999 Ac: # 66 : MetroScan / Jefferson • Owner :Gregory Robert E;+ Schedule :022336 Site :5695 W 38Th Ave Denver 80212 Parcel :39 244 18 001 Mail :5695 W 38Th Ave Denver Co 80212 Xferd :06/13/1990 LandUse :1112 Res,Improved Land Price :$59,400 TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1956 Parking:Mixed TypeFirepl: TotArea:648 Ac: # 67 : MetroScan / Jefferson • Owner :Gurrola Robert Shawn Schedule :022337 Site :3885 Chase St Denver 80212 Parcel :39 244 19 026 Mail :3885 Chase St Denver Co 80212 Xferd :08/28/1997 LandUse :1112 Res,Improved Land Price :$133,000 TaxDist :3139 OwnerPh Bedrm:2 Bth:1.00 YB:1938 Parking:Detached Firepl: TotArea:1,045 Ac:.34 # 68 : MetroScan / Jefferson • Owner :Kasman Wade B/Mary L Schedule :022343 Site :3905 Eaton St Wheat Ridge 80212 Parcel :39 244 16 021 Mail :3905 Eaton St Wheat Ridge Cc 80212 Xferd :08/13/1996 LandUse :1112 Res,Improved Land Price :$158,500 Full TaxDist :3139 OwnerPh :303-432-8007 Bedrm:3 Bth:1.75 YB:1934 Parking:Detached Firepl:l TotArea:1,194 Ac: # 69 : MetroScan / Jefferson • Owner :Weber Ronald Schedule :022376 Site :5501 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 19 032 Mail :5501 W 38Th Ave Wheat Ridge Co 80212 Xferd :09/16/1997 LandUse :1112 Res,Improved Land Price :$115,000 Full TaxDist :3139 OwnerPh Bedrm:3 Bth:1.00 YB:1931 Parking:Detached Firepl: TotArea:840 Ac: # 70 MetroScan / Jefferson -Ow-n~-- -~LastoY.v= RGddne - - - ---Sch-edu~.~ •n~~an5 Site :5825 W 37Th P1 Wheat Ridge 80212 Parcel :39 251 06 010 Mail :1521 Seneca Rd NW Swisher Ia 52338 Xferd :12/19/1986 LandUse :1112 Res,Improved Land Price :$65,600 TaxDist :3139 OwnerPh Bedrm: Bth:1.50 YB:1953 Parking:Attached Firepl: TotArea:1,476 Ac: # 71 : MetroScan / Jefferson • Owner :Pettit Carole L Schedule :022474 Site :3930 Eaton St Denver 80212 Parcel :39 244 18 009 Mail :3930 Eaton St Denver Cc 80212 Xferd :07/29/1988 LandUse :1112 Res,Improved Land Price :$75,000 TaxDist :3139 OwnerPh :303-425-4124 Bedrm: Bth:1.75 YB:1927 Parking:Attached Firepl: TotArea:2,447 Ac: # 72 : MetroScan / Jefferson • Owner :Swalde Eva M Schedule :022488 Site :3715 Fenton St Wheat Ridge 80212 Parcel :39 251 07 021 Mail :3715 Fenton St Wheat Ridge Co 80212 Xferd :12/13/1974 LandUse :1112 Res,Improved Land Price :$36,900 TaxDist :3139 OwnerPh :303-420-5504 Bedrm: Bth:1.00 YB:1953 Parking:Attached Firepl:l TotArea:1,683 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 73 MetroScan / Teffezs • Owner :Lamb Shannon K Schedule :022505 Site :3829 Chase St Wheat Ridge 80212 Parcel :39 244 19 030 Mail :3829 Chase St Wheat Ridge Cc 80212 Xferd :05/10/1988 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-431-0761 Bedrm: Bth:2.50 YB:1950 Parking:Attached Firepl:l TotArea:1,563 Ac: # 74 * MetroScan / Jefferson • Owner :Conway John P Schedule :022523 Site :3901 Eaton St Wheat Ridge 80212 Parcel :39 244 16 022 Mail :3901 Eaton St Wheat Ridge Cc 80212 Xferd :12/10/1993 LandUse :1112 Res,Improved Land Price :$140,000 TaxDist :3139 OwnerPh :303-421-3064 Bedrm:4 Bth:1.75 YB:1939 Parking:Detached Firepl:2 TotArea:1,150 Ac: # 75 Net=Scan / Jefferson • Owner :Arthur George T Schedule :022559 Site :3940 Chase St Wheat Ridge 80212 Parcel :39 244 20 012 Mail :3940 Chase St Wheat Ridge Cc 80212 Xferd :05/28/1998 LandUse :1112 Res,Improved Land Price :$163,000 Full TaxDist :3139 OwnerPh :303-467-1606 Bedrm:4 Bth:1.75 YB:1931 Parking:Detached Firepl:l TotArea:1,664 Ac:.27 # 76 Met=Scan / Jefferson ' Owner :Robitaille S Edward Schedule :022565 Site :5625 W 37Th Ave Wheat Ridge 80212 Parcel - :39 251 07 019 Mail :5825 W 37Th Ave Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-5702 Bedrm: Bth:1.00 YB:1953 Parking:Detached Firepl: TotArea:1,112 Ac: # 77 MetroScan / Jefferson • Owner :Waner Andrea E/Hoyt D R Schedule :022602 Site :3841 Chase St Wheat Ridge 80212 Parcel :39 244 19 029 Mail :3841 Chase St Wheat Ridge Cc 80212 Xferd :06/04/1997 LandUse :1112 Res,Improved Land Price :$156,000 Full TaxDist :3139 OwnerPh :303-432-2831 Bedrm:3 Bth:1.50 YB:1927 Parking:Attached Firepl:l TotArea:1,365 Ac: # 78 : MetroScan / Jefferson : Owner :Lafonda Inc Schedule :022634 Site :5766 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 00 007 Mail :5750 W 38Th Ave Wheat Ridge Cc 80212 Xferd :04/27/1999 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh . Bedrm:2 Bth:1.00 YB:1937 Parking:Detached Firepl: TctArea:897 Ac:.37 # 79 Net=Scan / Jefferson • * earTrustee Sche6al2e .n?~ti39 Site :3780 Fenton St Wheat Ridge 80212 Parcel :39 251 05 001 Mail :PO Box 202 Arthur NE 69121 Xferd :10/23/1997 LandUse :5178 Misc,Residential,Mixed Use Land Price TaxDist :3139 OwnerPh :308-764-2365 Bedrm: Bth: YB:1941 Parking: Firepl: TotArea:2,148 Ac:.38 # 80 MetroScan / Jefferson • Owner :Seiler Harold E Schedule :022636 Site :3720 Fenton St Wheat Ridge 80212 Parcel :39 251 00 019 Mail :3720 Fenton St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-6588 Bedrm: Bth:1.75 YB:1963 Parking: Firepl:3 TotArea: Ac:.30 # 81 : MetroScan / Jefferson • Owner :Seiler Harold E Schedule :022636 Site :3720 Fenton St Wheat Ridge 80212 Parcel :39 251 00 019 - Mail :3720 Fenton St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-6588 Bedrm: Bth:3.75 YB:1963 Parking: Firepl:3 TotArea: Ac:.30 Information compiled from various sources. Real Estate Solutions makes no representations # 82 MetroScan / Jeffers • Owner :Seiler Harold E Scheaule :022636 Site :3720 Fenton St Wheat Ridge 80212 Parcel :39 251 00 019 Mail :3720 Fenton St Wheat Ridge Cc 80212 Xferd LandUse :1112 Res,Improved Land - Price TaxDist :3139 OwnerPh :303-424-6588 Bedrm: Bth:3.75 YB:1963 Parking:Attached Firepl:3 TotArea:1,600 Ac:.30 # 63 ; MetroScan / Jefferson • Owner :Seiler Harold E Schedule :022636 Site :3720 Fenton St Wheat Ridge 80212 Parcel :39 251 00 019 Mail :3720 Fenton St Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-6588 Bedrm: Bth:3.75 -YB:1963- Parking:Attached Firepl:3 TotArea:1,652 Ac:.30 # 84 MetroScan / Jefferson • Owner :Seiler Harold E Schedule :022637 Site :3700 Fenton St Wheat Ridge 80212 Parcel :39 251 00 020 Mail :3720 Fenton St Denver Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-6588 Bedrm: Bth:1.75 YB:1956 Parking:Carport Firepl: TotArea:1,740 Ac:.15 # 85 MetroScan / Jefferson • Owner :Seno Robert R Schedule :022640 Site :5855 W 37Th PI Wheat Ridge 80212 Parcel :39 251 06 009 Mail :5855 W 37Th Pl Wheat Ridge Co 80212 Xferd LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-431-8338 Bedrm: Bth:1.50 YB:1953 Parking: Firepl:l TotArea:1,635 Ac: # 86 MetroScan / Jefferson • Owner :Spallone Inc Fred L Schedule :022699 Site :5800 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 06 001 Mail :5890 W 37Th P1 Denver Co 80212 Xferd LandUse :2112 Com,Improved Land Price TaxDist :3139 OwnerPh :303-439-8861 Bedrm: Bth: YB:1957 Parking: Firepl: TotArea:18,879 Ac:.90 # 87 MetroScan / Jefferson • Owner :Battaglia Thomas F/Kelly L Schedule :022759 Site :3936 Chase St Wheat Ridge 80212 Parcel :39 244 20 011 Mail :3936 Chase St Wheat Ridge Co 80212 Xferd :12/07/2001 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:3 Bth:1.75 YB:1931 Parking:Detached Firepl: TotArea:988 Ac: # 88 MetroScan / Jefferson Owner Site :3890 Eaton St Wheat Ridge 80212 Parcel :39 244 18 007 Mail :3890 Eaton St Wheat Ridge Co 80212 Xferd :03/24/1978 LandUse :1112 Res,Improved Land Price - TaxDist :3139 OwnerPh :303-421-8198 Bedrm: Bth:1.75 YB:1960 Parking:Mixed TypeFirepl:l TotArea:1,494 Ac: # 69 : MetroScan / Jefferson • Owner :Veitch John R Schedule :022832 Site :3715 Chase St Wheat Ridge 80212 _ Parcel :39 251 00 012 Mail :3715 Chase St Wheat Ridge Co 80212 Xferd , LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-422-1362 Bedrm: Bth:1.75 YB:1956 Parking:Attached Firepl:2 TotArea:2,106 Ac:.25 # 90 MetroScan / Jefferson • Owner :Wagner William J Schedule :022851 Site :3901 Chase St Wheat Ridge 80212 Parcel :39 244 19 024 Mail :3901 Chase St Wheat Ridge Co 80212 Xferd :01/11/1999 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-8529 Bedrm:2 Bth:1.75 YB:1931 Parking:Detached Firepl:l TotArea:1,175 Ac:.32 Information compiled from various sources. Real Estate Solutions makes no representations # 91 MetzoScan Owner :Fritsch Steve Et rumy L Site :3690 Chase St Denver 80212 Mail :3690 Chase St Denver Cc 80212 LandUse :1112 Res,Improved Land TaxDist :3139 Bedrm:3 Bth:1.00 YB:1951 Parking:Attached # 92 MetzoScan Owner :Jacobson Douglas W Site :5805 W 37Th P1 Wheat Ridge 80212 Mail :5805 W 37Th 21 Wheat Ridge Co 80212 LandUse :1112 Res,Improved Land TaxDist :3139 Bedrm:2 Bth:1.75 YB:1953 Parking:Attached # 93 MetzoScan Owner :Lee Clayton Site :5807 W 38Th Ave Wheat Ridge 80212 Mail :9043 Utica St Westminster Co 80031 LandUse :2112 Com,Improved Land TaxDist :3139 Bedrm: Bth: YB:1960 Parking: # 94 MetroScan / Owner :Padilla Juana/Alejandro P Site :5750 W 38Th Ave Wheat Ridge 80212 Mail :6698 W Louisiana P1 Lakewood Co 80232 LandUse :2112 Com,Improved Land TaxDist :3139 Bedrm: Bth: YB:1960 Parking: # 95 MetroScan Owner :Blissett Cc Llc Site :5857 W 38Th Ave Denver 80212 Mail :5857 W 38Th Ave Denver Co 80212 LandUse :2112 Com,Improved Land TaxDist :3139 Bedrm: Bth: YB:1933 Parking: # 96 Owner Site Mail LandUse TaxDist Bedrm:2 :Spradlin Barbara A :3850 Eaton St Wheat Ridge :3850 Eaton St Wheat Ridge :1112 Res,Improved Land 3139 Bth:1.00 YB:1951 Pa Jeffers Scheouie Parcel Xf erd Price OwnerPh Firepl:l Jefferson Schedule Parcel Xferd Price OwnerPh Firepl: Jefferson Schedule Parcel Xferd Price OwnerPh Firepl: Jefferson Schedule Parcel Xferd Price OwnerPh Firepl: Jefferson Schedule Parcel Xferd Price OwnerPh Firepl: MetroScan / Jefferson Schedule 80212 Parcel Cc 80212 Xferd Price OwnerPh rking:Mixed TypeFirepl:l :022857 :39 251 00 023 :08/02/2000 :$179,900 Full :303-864-1958 TotArea:1,347 :022886 :39 251 06 Oll :10/02/1992 :$89,950 :303-288-4771 TotArea:1,491 :022900 :39 244 00 049 :10/25/1994 :$250,000 :303-650-8185 TotArea:5,343 :022912 :39 251 00 006 :07/05/2001 :$130,000 Full :303-922-6532 TotArea:2,400 :022936 :39 244 00 046 :09/13/1999 TotArea:1,733 :022943 :39 244 18 003 :08/27/1997 :$129,900 TotArea:1,092 Ac; .30 Ac: Ac:.86 Ac:.45 Ac:.43 Ac: * # 97 MetroScan / Jefferson n°J^~.~--- -rAlEOtx Mi~yio u~+}r}~~_ Crh ariiila . (L ~55~ Site :3680 Eaton St Wheat Ridge 80212 Parcel :39 251 11 009 Mail :3680 Eaton St Wheat Ridge Co 80212 Xferd :08/17/1984 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-8379 Bedrm: Bth:1.00 YB:1955 Parking:Attached Firepl: TotArea:952 Ac: # 98 MetroScan / Jefferson • Owner :Murchison Masako 0 Schedule :023671 Site :3695 Depew St Denver 80212 Parcel :39 251 11 003 Mail :3695 DepewSt Denver Co 80212 Xferd :12/02/1993 LandUse :1112 Res,Improved Land Price :$83,900 TaxDist :3139 OwnerPh Bedrm:4 Bth:1.75 YB:1917 Parking:Mixed TypeFirepl: TotArea:1,224 Ac: # 99 MetroScan / Jefferson Owner :Hoag Donald L/Hoag Shirley A Schedule :025114 Site :5700 W 37Th Ave Wheat Ridge 80212 Parcel :39 251 00 021 Mail :PO Box 600 Estes Park Cc 80517 Xferd :04/10/1991 LandUse TaxDist :5112 Res, partment Improved Land :3139 Price OwnerPh Bedrm: Bth: YB:1958 Parking: Firepl: TotArea:4,073 Ac:.28 Information compiled from various sources. Real Estate Solutions makes no representations # 100 MetroScan / Jeffer4 • Owner :Hoskins Julia A,-..oskins R L Scheu-ie :025288 Site :3660 Fenton St Wheat Ridge 80212 Parcel :39 251 10 002 Mail :3660 Fenton St Wheat Ridge Co 80212 Xferd :12/08/1992 LandUse -:1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-421-2471 Bedrm:3 Bth:1.50 YB:1950 Parking:Detached Firepl: TotArea:1,242 Ac: # 101 MetroScan / Jefferson • Owner :Lubeck Charles Martin Schedule :025340 Site :3675 Eaton St Wheat Ridge 80212 Parcel :39 251 00 025 Mail :2 Robincr-estZri-. leton Co 80123 ~V Xferd LandUse IV :5112 Re Apartme ts, mproved Land Price TaxDist UL :3139 -1 OwnerPh :303-798-4715 Bedrm: Bth: YB:1958 Parking: Firepl: TotArea:4,200 Ac:.28 # 102 : MetroScan / Jefferson • Owner :Meeker James E Schedule :025515 Site :3690 Eaton St Wheat Ridge 80212 Parcel :39 251.11 001 Mail :3690 Eaton St Wheat Ridge Cc 80212 Xferd :02/14/1997 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-424-2659 Bedrm: Bth:1.00 YB:1955 Parking:Attached Firepl: TotArea:952 Ac: # 103 : MetroScan / Jefferson • Owner :Morrison Mary Ann Schedule :025619 Site :5801 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 99 001 Mail :PO Box 12041 Denver Co 80212 Xferd :02/27/1981 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1877 Parking: Firepl:l TotArea:2,015 Ac:2.28 # 104 MetroScan / Jefferson • Owner :Carelli Louis Et Al Schedule :026284 Site :3685 Fenton St Wheat Ridge 80212 Parcel :39 251 09 016 Mail :PO Box 1000 Arvada Cc 80001 Xferd :07/21/1998 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:4 Bth:1.75 YB:1951 Parking:Mixed TypeFirepl: TotArea:1,297 Ac: # 105 * MetroScan / Jefferson : Owner :George Steven C Schedule :026795 Site :3690 Fenton St Wheat Ridge 80212 Parcel :39 251 10 001 Mail :3690 Fenton St Wheat Ridge Co 80212 Xferd :11/12/1997 LandUse :1112 Res,Improved Land Price :$128,000 Full TaxDist :3139 OwnerPh :303-691-2835 Bedrm:5 Bth:1.75 YB:1950 Parking:Attached Firepl: TotArea:1,189 Ac:.37 # 106 MetroScan / Jefferson owner-- ~a 21 - Site :3665 Fenton St Wheat Ridge 80212 Parcel :39 251 09 015 Mail :4155 E Jewell Ave #900 Denver Co 80222 Xferd :04/30/2001 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:3 Bth:1.50 YB:1950 Parking:Attached Firepl: TotArea:1,792 Ac: # 107 * MetroScan / Jefferson . Owner :Gary Luebke Trust No 2 Schedule :047015 Site :3765 Depew St Wheat Ridge 80212 Parcel - :39 251 00 008 Mail :12163 W 30Th P1 Denver Co 80215 Xferd :07/01/1999 LandUse :5112 Re artmen Improved Land Price TaxDist :3139 OwnerPh Bedrm:- Bth: YB:1972 Parking: Firepl: TotArea:34,599 Ac:2.03 # 108 MetroScan / Jefferson • Owner :Hinrichs Loretto Schedule :080860 Site :3675 Chase St Wheat Ridge 80212 Parcel :39 251 00 013 Mail :3675 Chase St Wheat Ridge Co 80212 Xferd :07/18/2001 LandUse :1112 Res,Improved Land Price Tax Dist :3139 OwnerPh Bedrm:4 Bth:1.75 YB:1968 Parking:Mixed TypeFirepl:l TotArea:1,621 Ac:.20 Information compiled from various sources. Real Estate Solutions makes no representations # 109 MetroScan / Jeffers.. : Owner :Konsella Stephei, /Susan A Schec-tee :109785 Site :3701 Depew St Wheat Ridge 80212 Parcel :39 251 00 015 Mail :14232 W Warren Pl Lakewood Co 80228 Xferd :03/26/2001 LandUse :1112 Res,Improved Land Price :$310,000 TaxDist :3139 OwnerPh :303-986-5327 Bedrm: Bth:1.75 YB:1910 Parking:Detached Firepl: TotArea:920 Ac:.92 # 110 MetroScan / Jefferson • Owner :Ortiz Gilbert R Schedule :109851 Site :3790 Chase St Denver 80212 Parcel :39251 03 028 Mail :3790 Chase St Denver Cc 80212 Xferd :02/07/1995 LandUse :2112 Com,Improved Land Price :$260,000 TaxDist :3139 OwnerPh Bedrm: Bth: YB:1981 Parking: Firepl: TotArea:3,240 Ac:.30 # 111 MetroScan / Jefferson • Owner :City Of Wheat Ridge Schedule :109853 Site :5478 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 03 029 Mail :7500 W 29Th Ave Wheat Ridge Co 80215 Xferd :04/09/1991 LandUse :2112 Com,Improved Land Price TaxDist :3139 OwnerPh - Bedrm: Bth: YB:1966 Parking: Firepl: TotArea:1,938 Ac:.35 # 112 MetroScan / Jefferson • Owner :Luebke Ents Ltd Schedule :151324 Site :3790 Depew St Wheat Ridge 80212 Parcel :39 251 04 001 Mail :12163 W 30 Denver Co 80215 p Xferd :09/16/1999 LandUse TaxDist :5112 Re Apartment Improved Land :3139 Price OwnerPh :303-233-7424 Bedrm: Bth: YB:1972 Parking: Firepl: TotArea:18,834 Ac:.70 # 113 MetroScan / Jefferson • Owner :Piro George M Schedule :154000 Site :3900 Depew St Wheat Ridge 80212 Parcel :39 244 19 007 Mail :PO Box 620154 Littleton Cc 80162 Xferd :05/20/1998 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:4 Bth:2.50 YB:1988 Parking:Attached Firepl:2 TotArea:2,711 Ac: # 114 MetroScan / Jefferson ; Owner :Rivera George F/Aileen F - Schedule :154001 Site :3860 Depew St Denver 80212 Parcel :39 244 19 006 Mail :3860 Depew St Denver Co 80212. Xferd :08/26/1996 LandUse :1112 Res,Improved Land Price :$169,900 Full TaxDist :3139 OwnerPh Bedrm:4 Bth:3.00 YB:1985 Parking:Attached Firepl:2 TotArea:1,960 Ac: # 115 : MetroScan / Jefferson Schedule Schedule •194nn9 Site :3850 Depew St Wheat Ridge 80212 Parcel :39 244 19 005 Mail :3850 Depew St Wheat Ridge Co 80212 Xferd :06/30/1997 LandUse :1112 Res,Improved Land Price :$298,000 Tax Dist :3139 OwnerPh . Bedrm:4 Bth:2.50 YB:1981 Parking:Attached Firepl:3 TotArea:2,963 Ac:.05 # 116 MetroScan / Jefferson • Owner :Harshbarger Don L Schedule :154003 Site :3840 Depew St Wheat Ridge 80212 Parcel :39 244 19 004 Mail :3840 Depew St Wheat Ridge Cc 80212 Xferd :02/19/1982 LandUse :1112 Res,Improved Land Price :$127,500 TaxDist :3139 OwnerPh :303-422-3860 Bedrm:3 Bth:2.25 YB:1981 Parking:Attached Firepl:l TotArea.:2,060 Ac: # 117 MetroScan / Jefferson Owner :Tullar Stacey E/Tullar M T Schedule :154004 Site :3830 Depew St Wheat Ridge 80212 Parcel :39 244 19 003 Mail :3830 Depew St Wheat Ridge Cc 80212 Xferd :07/02/1993 LandUse :1112 Res,Improved Land Price :$162,500 TaxDist :3139 OwnerPh :303-425-6118 Bedrm:4 Bth:2.50 YB:1981 Parking:Attached Firepl:l TotArea:2,728 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 118 Owner Site Mail LandUse TaxDist Bedrm:4 # 119 Owner Site Mail LandUse TaxDist Bedrm:3 # 120 Owner Site Mail LandUse TaxDist Bedrm:3 # 121 Owner Site Mail LandUse TaxDist Bedrm:3 # 122 Owner Site Mail LandUse TaxDist Bedrm:3 # 123 Owner Site Mail LandUse TaxDist Bedrm: # 124 ------Owne-r----_ Site Mail LandUse TaxDist Bedrm:4 # 125 Owner Site Mail LandUse TaxDist Bedrm:3 # 126 Owner Site Mail LandUse TaxDist Bedrm:3 MetroScan / Jeffers :Scott Alison G Schea-ie :154005 :3820 Depew St Wheat Ridge 80212 Parcel :39 244 19 002 :3820 Depew St Wheat Ridge Cc 80212 Xferd :03/08/2001 :1112 Res,Improved Land Price :$262,000 Full :3139 OwnerPh Bth:3.00 YB:1985 Parking:Attached Firepl:2 TotArea:1,990 • MetroScan / Jefferson :Castillo Mercedes M;Parsons Patricia C Schedule :154006 :3810 Depew St Denver 80212 Parcel :39 244 19 001 :3810 Depew St Denver Co 80212 Xferd :02/29/2000 :1112 Res,Improved Land Price :3139 OwnerPh :303-431-7367 Bth:2.25 YB:1980 Parking:Attached Firepl:l TotArea:2,358 : Met=Scan / Jefferson :Medina Salvador E/Graciela Schedule :154007 :3815 Depew St. Denver 80212 Parcel :39 244 18 034 :3815 Depew St Denver Cc 80212 Xferd :11/12/1997 :1112 Res,Improved Land Price :$160,000 Full :3139 OwnerPh :303-403-9238 Bth:1.75 YB:1985 Parking:Attached Firepl:l - TotArea:1,315 • MetroScan / Jefferson Ac: Ac: Ac: :Gilbert Kim/Belcik Deborah Schedule :154008 :3825 Depew St Wheat Ridge 80212 Parcel :39 244 18 033 :3825 Depew St Wheat Ridge Co 80212 Xferd :12/21/1995 :1112 Res,Improved Land Price :$176,000 Full :3139 OwnerPh :303-377-8651 Bth:2.25 YB:1980 Parking:Attached Firepl:l TotArea:2,219 Ac: MetroScan / Jefferson • :Zanol William C Schedule :154009 :3835 Depew St Wheat Ridge 80212 Parcel :39 244 18 032 :3835 Depew St Wheat Ridge Cc 80212 Xferd :07/10/1981 :1112 Res,Improved Land Price :$117,000 :3139 OwnerPh Bth:2.25 YB:1980 Parking:Attached Firepl:l TotArea:1,834 Ac: • MetroScan / Jefferson : :State Of Colorado Capital Finance Schedule :154010 :3845 Depew St Wheat Ridge 80212 Parcel :39 244 18 031 :1525 Sherman St 42Nd Denver Cc 80203 Xferd :10/20/1992 :9129 Exempt,State,Land Price :3139 OwnerPh Bth: YB: Parking: Firepl: TotArea: Ac: MetroScan / Jefferson • Mas#ay..-George--S/-Kida __----Sehedul-e- 154012 :3865 Depew St Denver 80212 Parcel :39 244 18 029 :3865 Depew St Denver Co 80212 Xferd :06/02/1997 :1112 Res,Improved Land Price :$162,000 Full :3139 ownerPh :303-940-1147 Bth:1.75 YB:1985 Parking:Attached Firepl:l TotArea:1,347 Ac: MetroScan / Jefferson • :Haynes Alan Schedule :154013 :3895 Depew St Denver 80212 Parcel :39 244.18 027 :3895 Depew St Denver Co 80212 Xferd :11/04/1999 :1112 Res,Improved Land Price :$235,000 Full :3139 OwnerPh Bth:2.50 YB:1981 Parking:Detached Firepl:l TotArea:2,644 Ac: MetroScan / Jefferson :Molen Donald S Schedule :154014 :3875 Depew St Wheat Ridge 80212 Parcel :39 244 18 028 :3875 Depew St Wheat Ridge Co 80212 Xferd :06/24/1982 :1112 Res,Improved Land Price :$122,100 :3139 OwnerPh :303-431-6276 Bth:2.25 YB:1982 Parking:Attached Firepl:l TotArea:2,248 Ac: Information compiled from various sources. Real Estate Solutions makes no representations # 127 MetroScan / Jeffers. Owner :Rodriguez Rigobe--o;+ SCheLc._e :160373 Site :3780 Chase St Denver 80212 Parcel :39 251 03 027 Mail :3780 Chase St Denver Co 80212 Xferd :08/29/1997 LandUse :1112 Res,Improved Land Price :$96,000 Full TaxDist :3139 OwnerPh :303-375-8396 Bedrm:3 Bth:1.00 YB:1937 Parking:Detached Firepl: TotArea:1,232 Ac: # 128 MetroScan / Jefferson • Owner :Vallejos Michael J;+ Schedule :162007 Site :5675 W 38Th Ave Wheat Ridge 80212 Parcel :39 244 18 002 Mail :6355 Depew Ct Arvada Cc 80003 Xferd :06/04/1996 LandUse :1112 Res,Improved Land Price :$140,000 Full TaxDist :3139 OwnerPh - Bedrm:4 Bth:1.75 YB:1936 Parking:Detached Firepl:l TotArea:1,114 Ac: # 129 MetroScan / Jefferson • Owner :Gaylord Properties Llc Schedule :162664 Site :3754 Fenton St Wheat Ridge 80212 v~/ Parcel :39 251 05 002 03/2000 Mail :2360 Will ewood Cc 80215 ,Q ~/a Xferd 08/ LandUse n'fJ- :5112 Re Apartments Improved Land Price : TaxDist J :3139 'J OwnerPh Bedrm: Bth: YB:1964 Parking: Firepl: TotArea:5,381 Ac:.56 # 130 MetroScan / Jefferson • Owner :Sparks Victoria L Schedule :176035 Site :3697 Depew St Wheat Ridge 80212 Parcel :39 251 11 002 Mail :3833 E 1St St #1 Long Beach Ca 90803 Xferd :03/30/1998 LandUse :1112 Res,Improved Land Price :$173,000 TaxDist :3139 OwnerPh Bedrm: Bth:2.00 YB:1961 Parking:Carport Firepl: TotArea:1,716 Ac: # 131 MetroScan / Jefferson • Owner :Goddard Jimmie D/Goddard M S Schedule :199041 Site :3885 Depew St Wheat Ridge 80212 Parcel :39 244 18 035 Mail :3885 Depew St Wheat Ridge Co 80212 Xferd :07/26/1993 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh :303-733-3840 Bedrm:3 Bth:1.75 YB:1983 Parking:Mixed TypeFirepl:l TotArea:1,624 Ac:.19 # 132 MetroScan / Jefferson • Owner :Boone Norma Jean Schedule :201871 Site :3725 Fenton St Wheat Ridge 80212 Parcel :39 251 07 022 Mail :3725 Fenton St Wheat Ridge Co 80212 Xferd :05/20/1996 LandUse :1112 Res,Improved Land Price - TaxDist :3139 OwnerPh :303-422-8334 Bedrm:3 Bth:1.00 YB:1953 Parking:Attached Firepl.: TotArea:1,408 Ac:.23 # 133 MetroScan / Jefferson • Owner-__- _;..Ri-c*7T..^bke--'Frost--No--2-- -20-43-49-------- - Site :3760 Depew St Wheat Ridge 80212 }l) Parcel :39 251 04 004 Mail :12163 W 30Th enverCo 80215 Xferd :07/01/1999 LandUse :5112 Res p artments Improved Land Price TaxDist :3139 OwnerPh Bedrm: Bth: YB:1968 Parking: Firepl: TotArea:50,528 Ac:2.81 # 134 MetroScan / Jefferson • Owner :Norgren Darrel Lee Schedule :422379 Site :5500 W 38Th Ave Wheat Ridge 80212 Parcel :39 251 04 002 Mail :147 Dolores Cir Glenwood Spgs Cc 81601 Xferd :04/01/1996 LandUse :2112 Com,ImprovedLand Price TaxDist .:3139 OwnerPh :970-928-7365 Bedrm: Bth: YB:1953 Parking: Firepl: TotArea:1,400 Ac:.31 # 135 MetroScan / Jefferson • Owner :Nesler Thomas O Schedule :422380 Site :3775 Chase St Wheat Ridge 80212 Parcel :39 251 04 003 Mail :230 Nesler Ctr Dubuque Ia 52001 Xferd :02/17/1998 LandUse :1112 Res,Improved Land Price :$215,200 Full TaxDist :3139 OwnerPh Bedrm:3 Bth:2.25 YB:1935 Parking:Detached Firepl:l TotArea:2,029 Ac:.59 Information compiled from various sources. Real Estate Solutions makes no representations # 136 Owner Site Mail LandUse TaxDist Bedrm: # 137 Owner Site Mail LandUse TaxDist Bedrm: MetroScan / Jeffer:- :Webb Amber Scheu-le :5901 W 38Th Ave Wheat Ridge 80212 Parcel :7953 S Citation Trl Evergreen Cc 80439 Xferd :2112 Com,Improved Land Price :3139 OwnerPh Bth: YB:1961 Parking: Firepl: MetroScan / Jefferson :Oneslager Richard D Jr Schedule :5630 W 38Th Ave Wheat Ridge 80212 Parcel :9171 E Arapahoe Rd Englewood Co 80112 Xferd :2111 Vacant,Commercial Price :3139 OwnerPh Bth: YB: Parking: Firepl: 431022 :39 244 17 008 :05/12/1999 :$150,000 :303-670-3125 TotArea:5,080 :432926 :39 251 25 001 :08/04/1999 TotArea: * Ac:.34 Ac:1.40 Information compiled from various sources. Real Estate Solutions makes no representations , he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 heat GRidge 8/26/01 Richard Oneslager c/o David Galloway 5350 DTC Parkway Englewood, CO 80111 This letter concerns your proposed development at #5630 W. 38`h Avenue and the City's upcoming Streetscape Project on 38`h Avenue. Please contact me (303-235-2866) if you have questions or if are able to sign the attached documents. The Public Works Department has agreed to narrow the required streetscape easement width for the length of your property along 38`h Avenue. Instead of requiring the typical 6' 9" (as was mentioned in our meeting last week) landscape/sidewalk easement area behind the sidewalk (building side), only P extra will be required on the building side of the sidewalk. This smaller P easement area (behind the standard 5' walk) would, in the vicinity of your structures, accommodate a 6' wide sidewalk. A 6' wide walk is envisioned as a way to accommodate the movement of a pedestrian's arm swinging back and forth as they walk past the wall associated with your planned elevated patio area. The following attached documents reflect this narrower easement and are included for your review, questions, signature, and to be returned to me. The easement document needs to be on bond paper (as is provided) and signed in the presence of a notary. As we are-on a very aggressive timetable, I need to have any concerns resolved and your signature by September 12`h. We hope you will choose to sign in timely fashion and are-willing to work on.any minor details/concems,you may have. However, if you chose not to sign, please know that the Streetscape elements.envisionedto be constructed and paid for by the City as part of this Streetscape Project will be required later for payment by the Developer as part of the City's new review process that includes the construction of streetscape elements. The information included in this memo refers only to information associated with the City's Streetscape Project. Please contact the Planning Department and others in the Public Works Department for all other requirements associated with your development. Please be advised that a drainage report and standard drainage/detention requirements will be required for your development. Please contact Mike Garcia, Department of Public Works, for information/requirements associated with the drainage (303- 235-2861). Attachments: 1. Streetscape Easement (uses this narrower description). 2. Right of Entrv form (refers to details of construction associated with this narrower easement). 3. Detail (shows standard dimensions of how the sidewalk will be constructed - relative to the existing curb and flowline along 38`h Avenue). (303) 234-5900 • ADMINISTRATION FAX: (303) 234-5924 • POLICE DEPARTMENT FAX: (303) 235-2949 RIGHT OF ENTR1( AND LETTER OF AGREEMENT I/We, the.undersigned Property Owner(s) ("OWNER") hereby grant permission for the PUBLIC WORKS DEPARTMENT OF THE CITY OF WHEAT RIDGE and/ortheir representatives ("CITY") to enter upon my/our property at the following address: Name(s): Richard D. Oneslaoer, Jr. Address: 5630 W. 3811 Avenue Wheat Ridge, Colorado The purpose of this Right of Entry and Letter of Agreement is to gain permission from the OWNER to enter OWNER'S property to allow the CITY to construct/place and/or transition to/from the owner's property to the proposed Streetscape Proiect. The CITY hereby agrees to repair any physical damage to any real or personal property of the OWNER directly caused by the CITY, its authorized agents, officials and contractors in connection with this entry on the OWNER'S property and/or frontage for the purposes described above. The CITY shall not incur any further liability for its actions pursuant to this Right of Entry and Letter of Agreement. The CITY agrees to construct such frontage and/or private property improvements only as necessary to complete the streetscape and transition into public improvements to 38th Avenue and adjacent sections of adicinino streets, and for no other purpose. The CITY will construct no other improvements on OWNER'S property and/or frontage other than as specifically identified in the list below. The CITY and OWNER agree that the following specific improvements and/or repairs listed below will be constructed by the CITY along the OWNER'S property and/or frontage: 1. 2. 3. 4. 5. between the back of curb and the sidewalk). The Owner will construct, maintain, and pay for The OWNER agrees to execute an appropriate EASEMENT or other document of conveyance to the CITY necessary to construct public improvements which would encroach onto OWNER'S property. The CITY and the OWNER agree to the promises, conditions, and limitations contained herein. EXECUTED THIS day of 2001. CITY OF WHEAT RIDGE (CITY) PROPERTY OWNER(S) (OWNER) Robert Goebel Director of Public Works Approved as to form 8/2000 Gerald E. Dahl, City Attorney Richard D. Oneslager, Jr. Project # S-SCP-02-01 Fi IesonEng inent\Forms\LegaNROELOA7-M RG.frm design provided by the Owner and close the existing curb-cut on 3811 Avenue. EXHIBIT M ZECI.ER OUZABF BERT F 5667 W. 38 !RYLL K REC. NO. 8712 38TH 149401 i STORY 1 STORY 1 STORY HOUSE HOUSE HOUSE CONC CONC J N 1/4 R., SE 25 CITY OF HEAT IDGE 3 1/4" WOOD FENCE / BASIS OF BEARINGS NORTH LINE, NORTHEAST QUARTER, SECTION 25 V N89'59 58 E s~ o;o2"E W. 38TH. AVE. GRAVEL MEA. AEDINA SALVADOR E MEDINA GRAa[ 3815 DEGEW REC. NO. FOW7II87799 1 STORY HOUSE OPEN SPACE LOT 1 ONESLAGER RICHARD D. JR. 5630 W. 38TH REC. NO. F0921253 BALIMAR CONSOLIDATION PLAT LINE BEARING DISTANCE L1 S00'00'02"E 16.30' L2 S89'59'58W 2.52 L3 N00'00'02"W 2.44' 14 N00'00'02'W 7.76' CURVE DELTA RADIUS LENGTH CHORD DISTANCE C1 90'00'00" 15,00-1 23.56' S45'00'02"E 21.21' H w w N C 0 w a w 0 is OWNER LEGEND z: I- - SECTION CORNER (Y PROPOSED EASEMENT L~L_1~ z 1 50' N45'00'00"W 29.84' AUG-ZL - u' ,uL u4•.)u r;; v'-O"- 51 t?ENAL-K 5FLAtF;HZONE: BLCaGf rnn llv. ~U Lob 4v 1 0 o., 1 EASEMENT 1. uci Vc I TREE LAWN 91DEWAL odle, q"- MINIMUM MINIMUM TYPI Q 1` 1~ M R T`r'PIG L f~MENITlr 7 E ~~ale I/4„P ; r EXI5TING R.O.W. --I O'er 6'_O"-_. 4 EA5EMIrNT SIDE- STREET WALK ZONE 1. iu I;._.I- _ I~ - E 111.:. I =-MIL., . - II I. rii~ ~rlil ~rlD I m1~111a- AMENITY ZONE TYrFIGAL Scala 1/~" 7500 West 29'h Avenue • Wheat Ridge, Colorado 80215 Planning: Phone # (303) 235-2846 Building: Phone # (303) 235-2855 Engineering: Phone # (303) 235-2861 Fax Phone # (303) 235-2857 DATE S- z~-o I Name: . 36 IG U/JES~a~ y,~gSso Organization: (=>Au.ol A. 1 , kto~lefL4, Fax: Phone: D IM From: ~)4y1/o ri 3 Jl✓ Division: Subject: # of Pages: Comments: r ct,!~ 00, Original to fol ow in the mail ~ 9-#) cc T> 1 4a w AAV es f! No d- 5' Planning ❑ Building ❑ Engineering A a o o H ti w ° to w 9- K w o IKfo 9 zw CO y aH Ci7 0. (u Nf) -°M a ~a rn o~0 W 0 w^, w (0 00 0 C C ca rn M G~ C O T3 C w '3 n 0o w N M p- G Q N° w < A° 'G Ci R 0 rn p o R. n p io a' w ap w rJ ~wo 7 B. p C O d y C. R ac o m rn o u° ty5 o [n G n G D° p O .yy. O '=7 O ° .w°.. w O m p m 'o M o A 2 m ° m n o n° o y D N M p' OO "i7 n V1 w O 0 ( O ? w O C a T O T o 0 z .w. .:'i p M p C/ O rn r ti m 0 `G < p ~F. N oo O 0 2.01 • S' b7 t" y rn y .o o w w " v, o o p^ ~0 O rn 2. E? w r~- o v, x '=f O w x ~ m R n y y c o rn c o o y~ ;n o ~rz o oc. a. 0 m t7 C17 R .0.. w' - C O a, rn ? '~.7 j " w `O' T O co o P- 'M 'C O °N ~•-,n plop ~,j w G N to ~O ~D O H » O - P..G nj oo o 0, C k1 o° to d O n a, N a' R w E ~e m °p9 eo y w = °S 0 ° w o 'C A b' O O " p o O 5' 0 n Z w a pw, t, [s1 z m n' o ff h7 °m z' ° w rn ° n m 0 -0i °o " y' w ^ z j' to e w o e y, o p y ,Ow^ Y C o o < d< p z y o t4 ~ y' < 6 n ti o a n , < y. yq ° MCV 0aa m in0 vi h7 ~y c°~ O y " 6• F w ° m`e o w m m lO pny y(ryao o"d ~ ~ ~ ? to no ~ w M V]~ 0. OZCR" o tC"' A ~ o. O 0.m O ~ n O ° ~ N Q 0 w ❑ i, " 0 00 ° p R ao z Crl [~l'1 ~ rn o o moo"" m ~ a. m m w wo~°-=04 ° w n °,o o ~ ~$.0, H ° - ~ CJ ° y o CJ a w H rn m sr' 0 c o H 7?' ~n p 0 `GT N y N O ° 0 0 dQ O M r v C/i v c o: o y y ° C C ao w M m w P7 o w H O ? K W w r S d~ ❑ rn 6 C3 O p coo P' a y ^O O N ~ Ali N a' a 6' w y n m w rn Q w ° p v~ fn p, " 7y o m y ~o w z z p b o. " l~7 CL y O~ c ~ a m~<~ o " w a rn z o 0 0- a. o h7 rt y d ~ t17 d 0 0. w < O n w D. N ° p w w J m p' w m' ^.l v' . O° co b' a w o w K •c w c t40 a c rn _m m o. °o w 00 t" o p r' y y 0 a y P. - a a a?' rnp q o y °ti, rn (']mow .vw, w Cj p by c' a Ks ~n ~ a o w ~ ° cn w •s o o. rn .00-. o 2. rn y" p ° ° co " p, N ° w w C p y H w o p y ~'d ff•w 0.0 on G N `0 O w 0 0.. d y N H, p0.- C ,P+' Ca` coo G d M K " O. O •/y o P.. w w• ` o M a ap tz p rn o r oM m° 6 M o_ ° m a y n 5' 5 K' o ° A` m as ° °q w v w O .y w' o y n w z 0 ao ° o0 0 0 o w o p a. w a. c t17 'o w' b 6' w M „ O p app ^O' G 0 .w-. - " p N G ry 'U cn C n C rn H 0 C') C1 a 5i Lo. N I ° y a p• w w z a app o o' °y o y r G on I° °m o Cl ° b 5 a.~Q T o C7 rn N n ° y c coo n y. w w b O' ° N 0 O O b O y M~! b N p V] w C\ O ti s r A• ' C 0. y w ° .°-n N S w w ~(U C A Z~ G 00 " w 5" O 3k p 7°,< 9 ti `w' ton tPc 0. b ° ao Ln O O w4p 00 V] y rt w 0 M 0 w ,w~ n^ I.3' dq 0 M ~iJ W OZ ❑ w p. 7y 0 E n o 0 o p~ o in R m a t2 f1 W ° FY. N < P p,. " w p on 0 z ° p w y m w n w m 0 w H w V. `e N a, w C. " aq . ~a+ ^y w w o0 0 C] 6, 0 p w o. y A rn ~o In m p p ~0 ° o o op C~ n tr• p ..0 0 ln'o m H ~°,w1D o^M•p p a°•M0 .'~✓''~U- ro - w m .°.p 00 ~ .w-0 0 S,0 w ice~!! N .O. G Oi W p G N Gam. NaO O 0. O C y 0 ~ y G N °0.~' `G Mt<1 ~ ~ ~ p_ Nrnp a _ y m p 0.p 0.0 O0 O M^ 0. w 0.0 O wu R w gib . 0 y. w° 0 o y. o ° 0~ ~ rn tPol 09 O w a " N p o Lr. y ~ ° o p p 0 p S' w o 0❑ p o• r? p w a o p p d Mar., - oo ~ Mmop ' 0 Orr O ? rt °o~ M Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Englewood, Colorado 80111 (303) 770-8884 (303) 770-3636 fax February 28, 2000 Ms. Meredith Reckert City of Wheat Ridge - Planning Dept. 7500 West 29th Avenue Wheat Ridge, CO 80215 RE: Request for Pre-application Review Mixed Use Development SWC 38"' & Depew Dear Meredith: Transmitted herewith are 10 copies of a conceptual site plan for a proposed mixed- use development at the above referenced site. This proposal is a modification of the project which has been planned for the last year and a half. The proposal is as follows: 1. Retain the previously planned first floor commercial (3036 SF laundromat and 3633 SF convenience store), car wash and fueling area with canopy. 2. Add a second story residential component containing approximately 10 units having a minimum area of 500 SF each. 3. Modify the parking areas to create adequate parking for proposed uses. Please note the south 25' of this site is zoned residential. This plan proposes only reserved residential parking, a residential trash enclosure, landscaping and a portion of the drive aisle serving the residential parking within that area. The site is zoned C-1 however the residential component is allowed under 26-22 B1, 26-21 B1 and 26-20 B, 15, C subject to the provisions of 26-20, C, 3 which states: Residential uses in commercial zones are allowed under the following conditions: 1. Residential uses shall be located only on a floor other than the ground floor. (All units proposed are second floor.) 2. Residential dwelling density shall not exceed 1 dwelling unit per 5,000 SF of lot area. (At 10 units the proposed density is 1 per 6,115 SF.) F:\Oneslager\Zo14\docs\ZO14-dwg- Pre-application Review.doc Page 1 3. Residential dwelling units shall be no less than 500 SF. (This plan proposes minimum 500 SF units.) 4. Parking shall be provided at 1 space per 300 SF. (This rate is exceeded in the parking analysis.) 5. No new residences as a primary or principal use shall be allowed. (The plan still contains the commercial as the principal uses. The residential component has been added to the project to create a true mixed use development incorporating first floor retail with second floor residential which is consistent with current creative development.) Please review this proposal and let me know when you can schedule a pre- application conference. If you have any questions do not hesitate to call me at 303/770-8884. Sincerely, Gallowa ,Romero & As ociates David W. Galloway, PE. cc: Richard Oneslager FAOnes1ager~Zo14%docs\ZO14-dwg- Pre-application Review.doc Page 2