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HomeMy WebLinkAboutMS-04-127500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235-2857 DATE: 7 March 2006 TO: Accounting Department The City of Wheat Ridge FROM: Director of Community Development SUBJECT: ESCROW REFUND/RELEASE Reimbursement requested for escrow funds being held for: Dan Schneider (KSD Construction) /11900 W. 38a` Avenue An escrow totaling $7,218.75 was submitted for the construction of the sidewalk in conjunction with case number MS-04-12. Pursuant to the Code of Laws, an escrow totaling 125% of the value of the sidewalk was placed in escrow with the City. The sidewalk has been installed to the City of Wheat Ridge satisfaction (see attached memo from Dave Brossman). RELEASE TO: KSD Construction Address: 3866 Union Court Wheat Ridge, CO 80033 Amount to be refunded: $5,775.00 Alan White Director of Community Development City of Wheat Ridge Deparvnent of Public Works TO: Travis Crane, Planner MEMORANDUM FROM: Dave Brossman, Development Review Engineer ~46 DATE: Monday, March 06, 2006 SUBJECT: Prospect Gardens Subdivision, Release of Funds The public improvements for the Prospect Gardens Subdivision, 11900 West 38 b Avenue have been inspected, were found to be satisfactorily constructed, and are hereby approved. A draft copy of the concrete testing results from Terracon was supplied by Mr. Schneider to me today, and the results appear satisfactory. Mr. Schneider also stated he will mail me the final, signed copy of the test results upon test completion by Terracon (per City standards, the concrete cylinder break tests are for 7-day and 28-day breaks). This will complete the requirements for the ROW construction. Therefore, Public Works recommends that the $7218.75 currently held in cash (taken in lieu of an Irrevocable Letter of Credit) equal to 125% of the original engineer's itemized estimate be reduced by $5,775.00 to the amount of $1,443.75, or 25% of the original estimate per City Code requirements. The remaining amount of $1,443.75 shall be retained for a period of one year from the date of this letter (the standard 1-year warranty period). The public improvements will be periodically inspected over the course of the 1-year warranty period, and if any defects are discovered the developer shall make such reparations and/or corrections at no cost to the City within the timeframe set forth by the City Inspector. Upon completion of the standard 1-year warranty period, the entire remaining arno wit of $1,443.75 shall be released to the developer. To Travis - Prospect Gardens Cash Release (3-6-06).doe AGREEMENT AND RELEASE THIS AGREEMENT AND RELEASE is made this 2nd day of August, 2005 by and between Prospect Gardens Development Group, Ltd., whose address is 3866 Union Court, Wheat Ridge, CO, 80033 (hereinafter referred to as "Prospect Gardens Subdivision"), and the Water Users on Irrigation Lateral #9 of the Rocky Mountain Ditch, whose Lateral #9 Superintendent address is 3983 Rolfe Court, Wheat Ridge, CO, 80033, (hereinafter referred to as 'Lateral #9 Water Users".) WHEREAS, the Prospect Gardens Subdivision have requested that approximately 380' feet of the Rocky Mountain Ditch be placed in underground pipe (minimum of 10" diameter) along the ditch easement adjacent to the northern subdivision property line, from approximately the point where the Rocky Mountain Ditch and Lee Stewart Eskins split and the Lee Stewart Eskins branch travels north and the Rocky Mountain Ditch continues east, designed and built as per the grading, erosion control, and drainage plan, project plan #5211-11 prepared by Lane Engineering Services dated May 22, 2005, and WHEREAS, that placing the aforementioned portion of the Rocky Mountain Ditch will benefit Prospect Gardens Subdivision by providing driveway access to the subdivided lots, and WHEREAS, the Prospect Gardens Subdivision agrees that the placement of underground pipe will conform to accepted engineering standards with appropriate coverage and support for accommodating future construction and residential traffic over the buried pipe, and NOW THEREFORE, in consideration of the mutual covenants made herein, the Parties hereby agree as follows: 1. The Rocky Mountain Ditch Company agrees to cause the Ditch to be placed underground with a 10" minimum of appropriately engineered pipe, designed and built as per the grading, erosion control, and drainage plan, project plan #S211-11 prepared by Lane Engineering Services dated May 22, 2005, designed for travel of construction and residential traffic over it, for a distance of approximately 380' feet, beginning at the point at which the Ditch separates from the Lee Stewart Eskins Ditch as described above, traveling east to the subdivision property line. 2. The Rocky Mountain Ditch Company is not responsible for inadvertent damage to unmarked landscaping, utility, or sprinkler system equipment. The surface of the land adjacent to the Ditch will be restored to a reasonable condition 3. The cost of completing the work described in paragraph 1 above shall be shared by the Parties as provided below: 1 A. The agreement between two of the Water Users on Irrigation Lateral #9, Steve Williams and Bruce Summers, is to pay $216.00 each for a total of $432.00 to Prospect Gardens Development Group, Ltd. The balance of the expenses for completing the ditch improvements will be exclusively the responsibility of Prospect Gardens Development Group, Ltd. B. In addition, Steve Williams and Bruce Summers have agreed to split the remaining portion of the cost to add the ditch location to the Prospect Gardens Subdivision plat. That remaining cost is $125.00 total, or $62.50 per person to be paid to Prospect Gardens Development Group, Ltd. 4. The Prospect Gardens Subdivision and any successors or assigns to their property agree to continuously and at all times keep that portion of the Ditch described in paragraph 1 above free and clear of all debris, of every kind and nature whatsoever, so that use of the right-of-way, and acceptance of drainage from the Prospect Gardens Subdivision, the full and free flow of water in the Ditch shall not be interfered with at any time, and so that no damage can or will result to the Ditch system or to the person or property of others by the escape or overflow of water or in any manner whatsoever. 5. Prospect Gardens Subdivision hereby releases the Rocky Mountain Ditch Company, its officers, directors, agents, assigns, and successors, from any and all claims, demands, actions, judgements, and executions that they had, have, or may have, known or unknown, or that anyone claiming through or under them may have, or claim to have, arising out of or in any way connected with the ownership, construction, operation, or maintenance of the Ditch. IN WITNESS WHEREOF, the Parties execute this Agreement and Release in duplicate originals on the day and year first above written. Rocky Mountain Ditch Lateral #9 Water Users By /~(l^ a _ Date: S d Bruce G. Summers, Superintendent Rocky Mountain Ditch Company By: Dan Schneider Prospect Gardens Development Group, Ltd. Prospect Gardens Subdivision 3866 Union Court Wheat Ridge, CO 80033 City of Wheat Ridge ~oF ""EqT~ Planning and Development Department Memorandum c~<ORA~~ TO: Accounting; Address File; Case File FROM: Travis Crane, Planned SUBJECT: Letter of Credit/11900 W. 38`s Avenue DATE: 1 August 2005 Attached is a check for the construction of a 5-foot detached sidewalk for the properties associated with the Prospect Gardens Subdivision, located at 11900 W. 38`s Avenue. The sidewalk will be located on the south side of W. 38 h Avenue for the entire frontage of the subdivision (lots 1-4). The check is in the amount of $7,218.75. The check shall serve as a letter of credit until such time that the 5-foot sidewalk has been constructed'and accepted by the Public Works Department. Upon acceptance, the check shall be returned to the applicant (Daniel Schneider), less 25% of the value. Public Improvement Estimated Costs 22-Dec-04 Location: Prospect Gardens Subdivision 01900 West 38th Avenue) Scope of Costs: Detached S wide sidewalk, curb and gutter, and asphalt patchback Property I Item No. 1 2 3 -rontage: Description Detached 5-foot wide sidewalk Curb and gutter (6" vertical) Asphalt patchback 349.57 feet Units Quantity Unit Price Extension lineal feet 350 $15.00/ft $ 5,250.00 lineal feet 350 20.001ft $ 7,000.00 square yards 39 $16.50/sy $ 643.50 Subtotal $12,893.50 Contingency% Contingency Amount 10 $ 1,289.35 - # ?4, q, 33 (C e&I '+Sp'qA~T~ = it sZS.oo Total Public Improvement Estimated Cost 5, Z..5o _ 00 4- 525. co = S, ~7S_oo t l~ 'iH3 .-7S LE7TC~ of r:~EDrT= 7~Zif9175 tZS52.) fZS~ E~•,,.r~ City of Wheat Ridge Planning and Development Department Memorandum m TO: Accounting; Address File; Case File FROM: Travis Crane, Planner K 6 SUBJECT: Public Improvements Escrow/11900 W. 38`h Avenue DATE: 1 August 2005 Attached is a copy of a development escrow agreement for the properties associated with the Prospect Gardens Subdivision, located at 11900 W. 38`h Avenue. The escrow is for curb and gutter on the south side of W. 38th Avenue for the entire frontage of the subdivision (lots 1-4). The construction of curb and gutter was not required at time of development due to the uncertainty of the alignment of future public improvements. A check for $8,407.85 is attached, and shall be held until such time that the City wishes to construct these public improvements. Public improvement Estimated Costs 22-Dec-04 Location: Prospect Gardens Subdivision (11900 West 38th Avenue) Scope of Costs: Detached 5' wide sidewalk, curb and gutter, and asphalt patchback Property I Item No- 1 2 3 montage: Description Detached 5-foot wide sidewalk Curb and gutter (6" vertical) Asphalt patchback Contingency% Contingency Amount 349.57 feet Units Quantity Unit Price Extension lineal feet 350 $15.00/ft $ 5,250.00 lineal feet 350 20.00/ft $ 7,000.00 square yards 39 $16.50/sy $ 643.50 Subtotal $12,893.50 10 $ 1,289.35 - s 5Z5• ao (s d) _ 74-1.35 Total Public improvement Estimated Cost Iyl 182 - S5 - 5117 75,oo ('scd T~ B~f c , sT'a~ I NGC.t. L` g S i GOV?///bt}/may E5CP-ow Ar10UVT: i g 407. $5 Systems Inc., Englewo , Coloodo SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 7t' of June, 2005 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Daniel F Schneider for Prospect Gardens Development Group, (the "Developer"), together referred to as the "Parties". RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A. and made a part hereof (the "Property"), commonly known as 11900 W. 38th Avenue. On March 14, 2005 the City of Wheat Ridge, after holding all required public hearings, approved the Final Plat for the Property titled Prospect Gardens Subdivision. A copy of the Final Plat is attached hereto as Exhibit A and incorporated herein. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Other Requirements. None. 3. Title Policy. If applicable, title commitment for the Property shall be provided to the City. The title commitment shall show that all property to be dedicated to the City is or shall be, subsequent to the execution and recording of this Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable). The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 4. Breach by the Developer: the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers vlicl D $0.00 II I I I~ II~ I II I~IIIIIIIIII II I~I I~ R $51 .00 2005064684 SUBAGR SUBDIVISION IMPROVEMENT AGREEMENT 04103 08/11/2005 03:43:42 PM 10 Page(s) (E ) and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph. The Developer may cure the breach described in the notice. 5. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, curb, gutter and sidewalk, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the "Public Improvements" or "Improvements") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the timeframes set forth in this document. The Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works, hereinafter "Director', the timeframes for construction of the Improvements and the itemized costs of these Improvements are set forth on the approved construction documents. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. The Developer shall warrant any and all Public Improvements for a period of two (2) years from the date the Director certifies that the Public Improvements conform to specifications approved by the City. Specifically, but not byway of limitation, the Developer shall warrant the following: (a) That the title conveyed shall be marketable and its transfer rightful; (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated SI IROIVISION IMPROVEMENT AGREEMENT 04/03 above. (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s). The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 6. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. The City shall make approval, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director and his authorized representatives shall have free access to the work at all times. The Director, or his designee, will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine if the work is being performed in accordance with the plans and specifications. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 7. Completion of Public Improvements. The obligations of the Developer provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be performed on or before June 7, 2006 and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the Director or designee, shall inspect the Improvements. The Developer shall make all corrections necessary to bring the Improvements into conformity with the approved documents. Once approved by the City's Director of Public Works, the City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. SUBDIVISION IMPROVEMENT AGREEMENT 04103 8. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection With this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. Developer shall at all times take necessary precautions to ensure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 9. Related Costs - Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense. If applicable, a final drainage letter certified accurate by a professional engineer registered in the State of Colorado shall also be supplied at the request of the Director. 10. Improvements to be the Improvements to be the Property the City. Cif. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be the property of the City following acceptance by the City, as provided above. 11. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to recording the Final Plat, if applicable, in the real estate records of Jefferson County, which recording shall occur no later than ninety (90) days after the execution of this Agreement, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. The Performance Guarantee provided by the Developer shall be an irrevocable letter of credit in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed, to secure the performance and completion of the Public Improvements as required by Section 26-110 of the Wheat Ridge Code of Laws. An irrevocable letter of credit shall be supplied to the City within ninety (90) days of the execution of this SUBDIVISION IMPROVEMENT AGREEMENT 04/03 Agreement in the amount and form approved by the City. Failure of the Developer to provide an irrevocable letter of credit to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking, earthwork, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the Director. If, however, they are unable to agree, the Director's estimate shall govern after giving consideration to information provided by the Developer including, but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine the amount of security. In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 7 of this Agreement or a written extension of time mutually agreed upon the parties to this Agreement, the City may draw on the letter of credit to complete the Public Improvements called for in this Agreement. In the event the letter of credit is to expire within fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with the Public Improvements as the City deems appropriate. Upon completion of performance of such improvements, conditions and requirements within the required time, the Developer shall issue an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period. If the Public Improvements are not completed within the required time, the monies may be used to complete the improvements. 12. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City, if any, and shall indemnify and hold harmless the City for any property tax liability. 13. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities CI IRIl1\/ICIf1N IMPR(1\/FMFNT Af_'PP IAPKIT/)A/M whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 14. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 15. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 16. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees . except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 20. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 21. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 22. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment. by the SUBDIVISION IMPROVEMENT AGREEMENT 04103 Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. 23. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Daniel F. Schneider 3866 Union Court Wheat Ridge, CO 80033 Notice to City: Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 24. Force Maieure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 25. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 26. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. 27. Title and Authority. The Developer, Daniel F. Schneider, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT 04103 WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: f irne'1a Y. , n~dersah,,City Clerk L~'17 i,~~ 3PROV.Eb A TO FORM: Dahl, O W4Cerv'eny, GE, C R O tcMayor CITY By: DEVELOPER By* STATE OF COLORADO ss. COUNTY OF Th foregoing instrument was acknowledged before me this day of 200` by )&n i -d SA ei de ~ as !'J'IC,in ci5.l P- of &-y e ,%y~„F~~f- T~ Witness my hand and official seal. My commission expires: /,041C'16' Suzanne A. Lucero ;`o ~QP~ tary Public Df..CQV EAL) C SUBDIVISION IMPROVEMENT AGREEMENT 04/03 City of Wheat Ridge Department of Public Works August 1, 2005 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29r" AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 Mr. Richard M. Romberg, P.E. Lane Engineering Service, Inc 9500 W. 14th Avenue Lakewood, CO 80215-4716 303.233.4042 Re: First submittal comments for the Grading, Erosion Control, and Drainage Plan for Prospect Gardens Minor Subdivision, located at 11900 West 38th Avenue. . Dear Mr. Romberg, I have completed the review of the above mentioned documents received on July 29, 2005, and have the following comments This letter is to inform you that the Grading, Erosion Control, and Drainage Plan for the above referenced development has been reviewed and is hereby approved for construction. Please find attached the stamped, approved copies of these documents with this letter to ensure the grading, erosion control, and construction of the drainage facilities is completed per the approved documents. Please be aware of the following items regarding the construction of the project: 1. Erosion control for the project shall be placed in conformance with the Grading, Erosion Control, and Drainage Plan as approved by the City of Wheat Ridge, and shall be maintained as needed during the course of construction. 2. Upon completion of the grading and any drainage improvements for each Lot, the Engineer-of- Record Mr. Richard Romberg, P.E., shall provide to the City of Wheat Ridge a written, signed and sealed Drainage Certification Letter stating that the grading and drainage facilities as applicable were completed per the approved Grading, Erosion Control, and Drainage Plan, that all drainage facilities were constructed and shall function as defined in the approved Plan, and that the site has been accurately surveyed to confirm that the grading and the construction of all drainage facilities was completed in accordance with these documents. The Drainage Certification Letter shall be submitted along with an As-Built Plans (or Record Drawings) for the Lots prior to issuance of any Certificates of Occupancy. 3. Per Section 5-45 of the Municipal Code of Laws, all public improvements approved for construction must be completed in their entirety prior to issuance of the Certificate of Occupancy. 4. It will be the responsibility of the of the contractor for the project to repair any damage to the existing public improvements along 38th Avenue as a result of related construction traffic in the area. Also, the contractor will be responsible for maintaining 38th Avenue on a regular basis such that it remains free of construction debris and tracking from construction traffic accessing the site. 5. It will be the responsibility of the developer/owner, to provide the necessary testing, as applicable for the scope of this project, for sub-grade compaction and other related material tests for those improvements to be constructed within the public Right-of-Way. (SEE ATTACHED MATERIAL SAMPLING & TESTING REQUIREMENTS) 6. Right-of-Way Construction Permit(s)/Licensing Prior to construction of any improvements lying within the public right-of-way, the necessary Right-of-Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right-of-Way Construction Permits are issued only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans; Street Construction Plans, Grading & Erosion Control Plan, and easement or ROW dedications. A detailed description of the work to be completed within the Right-of-Way and a Traffic Control Plan shall be submitted for review and approval prior to the issuance of the ROW Construction Permit(s). 2-Year Warranty Period for Public Improvements Per the City of Wheat Ridge Permit Testing and Inspection Requirements, the Contractor shall warrant all work performed within the public right-of-way for a period of two (2) years, commencing upon completion of all public improvements and final acceptance by the City Inspector. Prior to the expiration of said 2-year Warranty Period, if the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Contractor shall complete such repair work upon request per the City of Wheat Ridge Permit Testing and Inspection Requirements. 8. Application for Grading/Fill Permit Prior to the commencement of any onsite grading, an Application for Grading/Landfill Permit, along with the fees due will need to be submitted for review and approval. A copy of the NPDES Permit may accompany the Application for Minor Grading/Fill Permit, but be advised the Grading/Fill Permit shall not be issued until the NPDES Permit has been submitted to the Department of Public Works. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer cc: Steve Nguyen, Division Manager Travis Crane, Planner File Prospect Gardens Sub (11900 W 38th) - appwv Lltr.dcc CITY OF WHEAT RIDGE MATERIALS 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 have current calibrated certifications. 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 as 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 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. 3 Prospect Gardens Sub (11900 W 38th) - appmvalltrAcc Table 720-1 City of Wheat Ridge Materials Testing Requirements Type of Test Frequency Remarks Soil Survey (Classification), 1 per 500 feet of roadway, Surveys for roadway and.trench AASHTO M145 Sidewalk or pipe trench may be combined Moisture-Density Curve, 1 per on-site soil type AASHTO method determined AASHTO T99 1 per import material source By soil or materials type Embankment in-place density, 1 per 250 feet per lane per 6-inch Minimum density per soil Colorado Procedures loose lift classification, Section 203.07 Roadway subgrade in-place I per 250 feet per lane Minimum density per soil density, Colorado Procedures Classification, Section 203.07 Sidewalk subgrade in-place 1 per 250 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 18 inch Minimum density per soil Colorado Procedures vertical interval Classification, Section 203.07 Aggregate base course in-place 1 per 250 feet per lane Minimum 95% of maximum density, Colorado Procedures Density, T180 Lime treated subgrade in place 1 per 250 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 250 feet per lane Density in accordance with contract density, Colorado Procedures documents, T134 Hot Bituminous Pavement 1 per 1000 tons Within specifications of asphalt content and gradation Approved mix design, binder PG 64-22 Hot Bituminous Pavement in place 1 per 100 tons 92-96% of maximum density, T209 density, Colo. Procedures Concrete compressive strength 1 set per 50 cubic yards PCC pavement, structural AASHTO Procedures Concrete, sidewalks and curbing Concrete air content and slump 1 per 25 cubic yards PCC pavement, structural AASHTO Procedures Concrete, sidewalks and curbing Prospect Gardens Sub (11900 W 38th) - appmval.ltr.doc DEVELOPMENT ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS TO: City of Wheat Ridge 7500 W. 29`h Ave. Wheat Ridge, CO 80033 This Development Escrow Agreement is entered into this 1st day of June 2005 between the City of Wheat Ridge, a Municipal Corporation, and Daniel F. Schneider for Prospect Gardens Development Group, LLC, hereinafter referred to as "Owner" and concerns property located at 11900 W. 381h Avenue, Wheat Ridge, Colorado. The Owner is the titled Owner of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more fully described as Lots 1 - 4, Prospect Gardens Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. The sum of eight thousand four hundred seven dollars and eighty-five cents ($8407.85) to be held in escrow with the City of Wheat Ridge for the purpose of constructing public improvements (curb and gutter and asphalt patchback) along the frontage of 11900 W. 38'h Avenue, Wheat Ridge, Colorado. The City of Wheat Ridge shat} have the absolute right to withdraw h the Escrow funds for the purpose of constructing public improvements along 11900 W. 38 Avenue. The City of Wheat Ridge further agrees that the owner shall have no further obligation to make any payments for such public improvements. The only requirement to withdraw the Escrow funds on behalf of the city of Wheat Ridge shall be a letter from the Community Development Department of the City, executed by the Director of said Department and witnessed by the Mayor of the City of Wheat Ridge. Said letter shall state that the City is proceeding with the construction of public improvements along said streets and will utilize funds to defer costs of the construction project. ACCPIED /,~//II Community Dev opment Director rty~tf Whee / ,-2- Owner &o? 33- Address Phone Number = -72S--7111 A 5- Date: v ~e. Cny of Wheat Ridge i Department of Public Works MEMORANDUM TO: Chad Root, Chief Building Official Travis Crane, Planner FROM: Dave Brossman, Development Review Engineer DATE: July 25, 2005 SUBJECT: Lot 4, Prospect Gardens Subdivision (11940 West 38 h Avenue) Public Works has completed the review of the Building Permit Application for a single family residence received on July 11, 2005. The site layout and drainage appear functional, and the Building Permit will be approved by Public Works with the condition that a Letter of Credit in the amount of 7,218.75 be submitted for review and approval prior to the issuance of any Certificates of Occupancy. Per Section 26-412 of the City of Wheat Ridge Municipal Code of Laws, Public Improvements are required to be constructed (or escrow taken, as determined by Public Works) for all subdivisions. Due to the fact that the 38" Avenue corridor in this area has not yet been designed by the City, and no other public improvements exist on either side of this subdivision, Public Works recommended escrow be taken in lieu of construction for all required public improvements (6" vertical curb & gutter, 5' detached sidewalk, and asphalt patching). The applicant, Mr. Dan Schneider, P.E. requested to construct the 5'-wide detached sidewalk and escrow funds for the remaining public improvements (curb, gutter, and asphalt patchback) for this subdivision. Escrow funds in the amount of $8,407.85 have been received for the vertical curb & gutter and asphalt patchback per Mr. Schneider's itemized Engineer's Cost Estimate. The City has agreed to allow the construction of the 5' detached sidewalk. The sidewalk is to be constructed parallel to and 6" north of the southerly Right-of-Way line for the subdivision. Therefore, per Section 26-413 a Performance Guarantee (Irrevocable Letter of Credit) in the amount of $7,218.75 or 125% of the itemized Engineer's Cost Estimate as required by City Code (please see attached sheet) shall be submitted and remain in full force for a period of one (1) year from the date of this letter. The Letter of Credit shall be received prior to the issuance of any Certificates of Occupancy for this Subdivision (per Section 545 of the Code). Upon completion of all public improvements and Final Acceptance by the City Inspector, the original Letter of Credit shall be reduced to 25% of the original itemized Engineer's Cost Estimate for the sidewalk, and a 2-year warranty period for the public improvements shall commence. Upon commencement of the 2-year Warranty Period, a revised Letter of Credit in the amount of 25% of the original itemized engineer's cost estimate shall be submitted to the City of Wheat Ridge and be dated to expire on the 2-year anniversary of the date of Final Acceptance. If at any time during said 2-year Warranty Period the City Inspector deems that the constructed public improvements are in such condition as to require repairs or replacement, the Developer shall complete such work upon request. The City shall retain said Letter of Credit for the entire 2-year Warranty Period. The Warranty Letter of Credit shall be surrendered by the City of Wheat Ridge Upon expiration of the 2-year Warranty Period. XC: Steve Nguyen, Engineering Division Manager Travis Crane, Planner File To Chad R_D=Schoeider LAC (7-25-05) I~~--..... , - i w_ i ~ r,, f._ - , Y -1 '"~~6 E~ t...._~_ ~ ' i ~ '~c.M... ti \ m. f r°'° q` V~~~ ~a „i r - t f , r-.,......_ ..ham r, j", ( I I f~` .._.....j j y__..d, : t ~ ~~r /'mil E j ; ~ ~ ' / jt t ~f ~ i t i I ~ ; i i ~ r r'' t ~ .~M-~' ' T.~- ~t 7 i s - i f fir ~ ~ w.,~ ...t~._..~ ~..ti.._.._ ~ rt i ~ ~.y 1 is 4 t>. 1°--.......,. ~ t ~ Y.„__.,... , .,.r k,. r <._t 4 ._._w,„},..,_..,~,...,,1 k t ► k I j,..._,_,~„w.,_W._y,N,.~_,,,,f...,....~.. ,..a..t,. ,_.s .~F y- _ f F~. i 1 t t i ~ ` / i { n........ !._...._......m{ S,.w.~.-.e._.. Y`^wv+m«-+++~•~• .r- (..~.v,.w,.w~~„~.r~Iw n.w.eyw~..+G-vn+.....m..~~.-f„.AF+Lnr.,~..•.~._"V. A.rn++pv.,..~'~ i f{ I j t F ^-r i i F ~ S ~ ~ ~ ~ ~ ~ Y i ~ ~ 1' .v- r~-~,.A-..-.«•.Aw,~ a .,.nee.. j { + - I ` ~ _ .~n _ ..w.„«..r~-,ems.. 4-*.-r ~.-..-_+.,.,...w~n e.-...~-.....n.,. ..-y,~y3.9'"~ « tw--....,.- i e......,5. k r j tti. R r ` E ~ r ~ w.,_..Y.~~.,:~..~..~ ~ f , t ' , F i s ~ ~ i ~ w~-~ ~ .m.._ .~...r - ~...w._~,,_w,,,,~ ~ g ~ ''Si ~ , r { 9 d { ✓ l r t ~ ~.,,..~.~.,..,_-i _ ~i~ ~ n ~3 T V _.,m_~.. # j o- i a wwrwwwrr~wr +Mrw► ~ ~r~nw► ;t;.,~ z_ :Y tl _ - 9 ~~*e,,; _.~y cry,-.~;. F~ `-..k i .z ~RI:' ( T,~ ,w.......... ,.y i{f rc~ A Ft, ~t W:12 ~a x xs ~~rw,~ t  1 f i i t 4 ~i ~ # try , '~i PLAN NOTES: 0 , S jj i t j 1. 5/8 INCH DfAMETER REBAR WiTM 1 1 f2" ALL4Y CAP STAMPED "LA(dE ENG SRV INC 16$37" IS SET TMUS: O I ~ `x~ ~ ~ 11 t { 2. 7HE BASIS FOR THE BEARING SMOWN ON THE GRAPHIC POR710N OF THI5 SUR'~EY IS THE EAST-WES OF THE NORTHEAST ONE-QUARTER 4~' SECTION 29, AS DELINEATED BY THE MONUMENTS DESCRIBED O PORTION 0~ THIS PLAT BEARS N 89'25'50"E (CITY). I ' ~ ~ ~ 7 1 i _Y S 3. NO PORTION OF TH(S SITE IS WITHIN THE 100 YEAR FLOOQ PAIN AS fNDICA7ED BY THE ~~040 INST MAP (FIRM), CITY OF WHEAT RIDGE, C~LORAD4. JEFFERSON, COUNTY, COMMUNITY PANEL N0. 0$0509C JUNE 17, 2003. ~i i r... 4. ADDITIONAL EROSION CONTROL MEASURES MAY BE REQUIRED DURING CONSTRUCTION AND SNAL~ B WITHIN 24 HOURS OR WiTH1N 3HE TIME FRAME AS SET FORTH BY THE CITY INSPECTOR. `...1 ~a _ - EOA o ~ ~ ROW `9 ASPHALT a r.'v WALK r--. - tr PROPOSEQ ---Y EXISTING 69 GRADE _ GROUND ~ 69 Se _ ~ _ r_- v i i 67 S -2~ ~ 2~ s~ SECTION A ~wr - SCALE: HORIZ. 1" = 10' . ~ VERT. 1" = 2' J-. PROPOSED WALL ~P~ ~ ~ ~ BLDG z P L T T W {s EXIS~iNG-~ ; - ' ~--~--PROPOSED GRADE r P'1  C S ECT1oN B {A a.. to .k~ Rop POP S ITY uO F IW H"" EAT R I"" E 0 a < W :,p 9BLIC Wol . T 'UB b C WO w' SCALE: HORIZ. I" ow 100# 00 GINEERING ga S, PROJECT Na ERT. 1" = 2' V f INLET HE BENCHMARK: WALL DET 4 i SHEET NO. ELEVATIONS SHOWN ARE BASES ON WESTRIDGE SANITATION DISTRICTS RECORD ELEVATION OF THE FLOWLINE OF THE MANHOLE IN WEST 38TH DRIVE WHICH HAS AN ELEVATION OF 5419.65. TO OBTAIN L 7~PA A r i '8CR CITY OF WHEAT RIDGE ELEVATION ADD 0.51 FEET TO ELEVATION SHOWN. .L` PROSPECT GARDENS SUBDI'vISION A PART OF THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANC% 69 WEST OF THE 6TH PRIV :IPAL MERIDIAN CITY OT WHEAT RIDGE, COUNTY OF JEFFERSON, STATE nF COLORADO SHEET 1 OF 1 i PpR of talMplmENT TN COwRR NE tIs SOCID ` i a T/Y' e+A% W N HW~ PDIIR 002 sG,1PLA U +s ; I PROSPECT RICGEI LOT 12 5 1111`222T R ]RAT.N' O N P L A T T E 0 "DAY ~ ~aPE NoIE ID gRp°". SIR ! 8 NDIE +o ' _M ~ - W f1NNT M ~ ' 1 EfE ~EAAFII EASETQ/T W w LOT 4 ».021 IF LOT 1 10.0'S w 625 AOMS R-,A ZONING ^ I R6-T~A ZaEHO w I 11-4 NMD $ I I I m / 'LEWOM MSTA ~L ADD J L__ PANT OF x IIERS'w E BIND \ 1 - LOT2 3 AP P LE W 00D R-IA ZONNG Sb (GONER NR 4/f M 1/1 SO:Ta1 7A a 8 LOT 9 R-IA ZONING \ R IA ZV"G 5 + GRASS W M WIDE PDRE not 9AIFm v 162+1 sff NoE o-+ - I I AM) I I TIP. 111! 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AID E4004 11RMCAl% 11 01101 -~BIOIP~lR3 Ra2LY YOIMIIxI MIWATION NT01 N 10 LEE. SEWAIM Ali 1=14S AMD ROO(N - - -"MAN sm"110110166 N ao/ am/TFE E a - SCALE I' • 0 > CASE HISTORY ' ~.eP A ' ~ EIS-04-12 TANS R~~tS 3 ~ ~ ~ Elf 4A-AOt4 tA4: ?15--DAB (poi) ~ a ~ I i I - § s 1 I ,SOSB R R 0.50 ewr b~ R-tA R11RID i6' 6 SDE I i T EXHIBIT A 4aIN.v11110 LIM ADF% WORE ON HESS TAE LAD OUT. SUBaADETI AM) PUTED SAD I AS PER M OAEDi 1W+MON OONTMm IADOt M NDE AMO SRYS ON PROY6T "MM SWO M M HIONITY MAP . 641(gl ec, 6-6 JEFFERSON COUNTY RECORDING SYSTEM RECEIPT N: 438158 CREATED..: 3131/2005 14:39:57 CASHIER..: MI ISSUED TO: RC074-WHEAT RIDGE CITY CLERK FOR: DOC# 0194671-F2194671 03/31/2005 14:39 06623) RECORDING FEE-PLAT TYPE CHARGES CITY OF WHEAT RIDGE BATCH 11.00 00- 11 03/25/05 1.29 PM cdh *PREREC . .00 .00 Dan 5chneidcr .00 RECEIPT TOTAL 11.00- RECEIPT NG:C019116 AMOUNT FNSD ZONING !ISCELLANEGUS 11.00 HOW PAID: CHECK: zond CASH: $ORDER: PAYMENT RECEIVED AMOUNT CA 11.00 PRE-PAID-ACCT BEG.BAL: RC074 1,929.75 TOTAL 11.00 .ADJ: 11.00 END HD.bAL: 1,918.75 THANK YOU a N CCD o C o CD 0o waGo (C C a~CD C O o ro CD (U y N Y x o 0 ~ w y x N n a r- CD aa off"' m C m, 7 K ~ro ~ (D R W O G CDo qQ rob In, o y n- 22. CD a CL CD 5 CD n w R N cr C CD o m o ~ y C (QD ~ b C r r r . o' N .'S. CD a~ 0 co ~M c oo • vii O N N C < C CU a CD oGa (D c ~ 0 C w 0 a 0 N J -J ~c -°n y 11 W 4r W w 00 E 8 CL N C CD G E n c. CD o I c C CD C G M 90 0 0 y C b CD 0 b h y >y a N N G C ~ C y' bC. 91. (D II 0 O o ~co ~ y M C 00 dQ p n rn F C w CD N co c f9 % .c a ~ A o. O c ?j G CD J .I. 91 cn N' 0 J 11 6~ .LA I I~ C w C w O C a CD W N f+ r r CD J U1 c a l!~ c e? r a •I W o a " CD tll r II W G . c co CD 0 CD CD n a o- rn M M C7 C m a a d aK O O 1H 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 3031235-2857 The City of Wheat Ridge March 18, 2005 Dan Schneider 3866 Union Ct. Wheat Ridge, CO 80033 Dear Dan: Please be advised that at its meeting of March 14, 2005, City Council APPROVED Case No. MS-04-12, a request for approval of a four-lot subdivision for property located at 11900 West 38th Avenue for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-1 A zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions: I . The required fee in lieu of parkland dedication shall be paid at the time of issuance of the first building permit. 2. The applicant shall construct a detached sidewalk of the required width along the frontage of all four lots if determined to be feasible by City staff. The cost of all other public improvements shall be escrowed. 3. The Lee Stewart-Eskins ditch and the Rocky Mountain ditch be shown on the final plat as a physical feature in existence but not to establish title or ownership. Enclosed is a draft copy of the minutes stating the Council's decision. A blackline photographic mylar of the final subdivision plat needs to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are $11 per page. Please submit payment along with the mylar. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field 4 Administrative Assistant Enclosures: Draft of Minutes cc: NIS-Q4-12 (case`file) CITY OF WHEAT RIDGE, COLORADO March 14. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7:00 p.m. Councilmember; present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF February 28, 2005 Motion by Mr. DiTullio for the approval of the Minutes of February 28, 2005; seconded by Mrs. Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office to newly appointed Board and Commission members. A brief recess was taken to sign the Oaths of Office. APPROVAL OF AGENDA Motion by Mr. Gokey to amend the agenda to remove Item 5: Acceptance of a Deed Conveying Right of Way; seconded by Schulz and Rotola; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. PUBLIC HEARING: A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION FOR PROPERTY ZONED R-1A LOCATED AT 11900 WEST 38TH AVENUE. (Case No. MS-04-12/Prospect Gardens) Mayor Cerveny opened the public hearing. Item I. was introduced by Mrs. Adams. Travis Crane, Community Development Planner, was sworn in and presented the staff report. Mr. Crane entered the zoning ordinance, subdivision regulations, case file and packet materials, and digital presentation into the record. He stated that all the notification and posting requirements have been met and therefore there is jurisdiction to hear the case. CITY COUNCIL MINUTES: March 14, 2005 Page -2- Daniel Schneider, Manager of Prospect Gardens Development Group, was sworn in and testified as the applicant. He asked that a sidewalk be installed for the convenience of the neighborhood. Doug Jenks, 11885 West 38`h Avenue, was sworn in by the Mayor. He testified that he has no problem with Mr. Schneider's project, but he is here representing the north lateral of the Lee Stewart-Eskins irrigation ditch that runs through this property. He feels this needs to be shown on the plat and the easement agreement he delivered to Mr. Schneider on January 27 should be recorded with the plat. Mr. Dahl explained that ditch locations are not a required element to be shown on the plat pursuant to our regulations. Councilmembers asked questions of staff and the applicant. Mayor closed the public hearing. Motion by Mrs. Adams to approve Case No. MS-04-12 for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-1A zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The required fee in lieu of parkland dedication shall be paid at the time of issuance of the first building permit; seconded by Mrs. Rotola. Motion by Mr. DiTullio to amend to add Condition #2: The applicant shall construct a detached sidewalk of the required width along the frontage of all four lots if determined to be feasible by City staff. The cost of all other public improvements shall be escrowed; seconded by Mr. Gokey; carried 8-0. Motion by Mr. Stites to amend that the Lee Stewart-Eskins ditch and the Rocky Mountain ditch be shown on the final plat as a physical feature in existence but not to establish title or ownership; seconded by Mr. DiTullio; carried 8-0. Original Motion as amended carried 8-0. of wRenr ITEM NO: a ~~LORAD~ m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 14, 2005 TITLE: A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION FOR PROPERTY ZONED R-1A LOCATED AT 11900 WEST 38TH AVENUE (MS-04-12/PROSPECT GARDENS) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ® ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Prospect Gardens Development Group is requesting approval of a four lot subdivision for property located at 11900 West 38"' Avenue. An existing single family structure would remain on lot 2. The applicant wishes to eventually construct three single family structures, one on each of the remaining lots. The subject parcel is approximately 50,221 square feet in size, and is currently zoned R-IA. Each of the created lots meets the minimum lot size and width in the R-IA zone district. Because right-of-way dedication is required, a City Council hearing must occur. Planning Commission reviewed this request on February 17, 2005 and recommended approval with two conditions. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed this request on February 17, 2005 and recommended approval for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-IA zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions: 1. A note be added to the plat which reads: `Joint access points permitted between lots 1 and 2, and between lots 3 and 4.' 2. The existing detached garage on lot 2 be removed." An access note has been added to the plat. The detached garage has already been removed. There was no one in attendance to discuss the subdivision with Planning Commission. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: Do not approve the subdivision request. City Council also has the option of approving the subdivision request, but not accepting the right-of-way dedication. FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. A one-time fee will also be collected for any building permits issued for each of the lots. A fee in lieu of parkland dedication will be required. RECOMMENDED MOTIONS: OPTION A: "I move to APPROVE Case No. MS-04-12, a request for approval of a four lot subdivision plat for property zoned R-IA located at 11900 W. 38th Avenue, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-lA zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following condition: 1. The required fee in lieu of parkland dedication shall be paid at the time of issuance of the first building permit." OPTION B: "I move to DENY Case No. MS-04-12, a request for approval of a four lot subdivision plat for property zoned R-1A located at 11900 W. 38`" Avenue for the following reasons: 1. Report Prepared by: Travis Crane, 303.235.2849 Reviewed by: Alan White Attachments: 1. Planning Commission staff report (with exhibits) ;oF R"r'R,a CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME: MS-04-12/Schneider DATE OF MEETING: February 17, 2005 ACTION REQUESTED: A request for approval of a four-lot subdivision plat. LOCATION OF REQUEST: 11900 W. 38 s Ave. APPLICANT (S): Prospect Gardens Development Group OWNER (S): Dawn Penland, Alice 3866 Union Court and Homer Sessions Wheat Ridge, CO 80033 APPROXIMATE AREA: 50,221 sq. ft. (1.15 ac.) PRESENT ZONING: Residential One-A (R-1A) ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTAT ION (X) SUBDIVISION REGULATIONS 3890 ro 3885 6~ 5 1659~ `38 Location Map M pe siN c~a w ° M 11650 o r U ~ O .n 7 0 3784 w `O 3785 ~ 4 o 0 3764 3765 Subject r T rN c N u. M1.. S n R - A 3754 3755 o Property e M N N N r m W 371 m r $ S 3683 ~ r N W 37TH PL M ~o m. m ° a W37 HPL ° ' ^m U M O z m d ryw U O n C) v, I A.- Q I- ug 11695 o . _ All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. ATTACHMENT I Planning Commission 1 MS-04-12/Schneider I. CASE ANALYSIS The applicant is requesting approval of a four-lot subdivision plat (Exhibit 1, Letter of Request). The property is currently under contract. Proper permissions have been granted by the property owners to proceed with the application. The property is currently zoned R-lA, and contains a single-family structure. The applicant wishes to create four lots. The R-lA zone district allows single-family structures and accessory buildings. The property is currently 50,221 square feet in size. The subdivision will allow for the construction of three single family homes, and the retention of an existing house on the fourth lot. There is an existing single-family structure and detached garage located on lot 2. The house will remain, and the garage will be demolished. The existing house must meet the required setbacks in the R-lA zone district. The house must have a 30 foot front yard setback, 10 foot side yard setback and a 15 foot rear yard setback. With the creation of lot 2, the required setbacks are being met and exceeded. Additionally, the R-lA zone district allows a maximum building coverage of 30%. The structures combined are 1,900 square feet in size. Based upon a lot size of 12,205 square feet, a maximum building coverage of 3,661.5 square feet may be allowed. II. SUBDIVISION PLAT The plat will subdivide the property into four lots (Exhibit 2, Plat). The R-1A zone district requires minimum lot size of 9,000 square feet and a minimum lot width of 75 feet. All 4 lots are at least 9,000 square feet in size and 75 feet in width. Public dedication is being required by the Public Works Department along the West 38`h Avenue frontage. This dedication is required to accommodate a full right-of-way width for West 38 h Avenue. Because this dedication is required, the request must be reviewed and approved by City Council. Agency Referral All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. The applicant will be required to submit an escrow for future public improvements located along the West 38`h Avenue frontage. Typical utility easements are being established around the perimeter of each lot. A fee in lieu of parkland dedication will be required. Access The applicant is proposing joint access points. One access point will be created between lots 1 and 2, and a second will be created between lots 3 and 4. A note should be added to the plat which states: "Joint access points permitted between lots 1 and 2, and between lots 3 and 4." III. STAFF CONCLUSION & RECOMMENDED MOTION (S): Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the Code of Laws. Additionally, all created lots will meet or exceed minimum lot size standards in the R-1A zone district. Therefore, staff recommends APPROVAL of the subdivision plat. Planning Commission MS-04-12/Schneider OPTION A: "I move to recommend APPROVAL of Case No. MS-04-12, a request for approval of a four lot subdivision plat for property located at 11900 W. 38"` Avenue, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-IA zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use." With the following conditions: 1. A note be added to the plat which reads: `Joint access points permitted between lots 1 and 2, and between lots 3 and 4.' 2. The existing detached garage on lot 2 be removed." OPTION B: "I move to recommend DENIAL of Case No. MS-04-12, a request for approval of a four lot subdivision plat for property located at 11900 W. 38`h Avenue for the following reasons: Planning Commission MS-04-12/Schneider December 21. 2004 Ms. Meredith Reckert, Senior Planner Planning and Zoning Department City of Wheat Ridge 7500 West 29' Avenue Wheat Ridge, Colorado 80033 Subject: Proposed Minor 4-Lot Subdivision (property located at 11900 West 38' Avenue, Wheat Ridge, Colorado) Dear Ms. Reckert: Please find enclosed the completed land use application and accompanying documentation for the subject property. The property located at 11900 West 38' Avenue is 1.153 acres in size. The parcel is currently zoned Rl-A. The new buyer, Prospect Gardens Development Group, LLC. is planning to subdivide the property into 4 lots all which meet and/or exceed the minimum setbacks, lot frontage, lot size and other Rl-A requirements set forth in the subdivision regulations. Each lot will have a single family home on it when fully developed. My concern for reducing the number of access points to the property has lead me to design a "shared driveway between each tow properties which will reduce the number of access points on 38`h Avenue to 2 instead of 4. Base upon the Pre-Application Meeting that was held December 9, 2004, all applicable items have been addressed in the plat ans site pla prepared be Lane Engineering Services, Inc. Construction on the property will be single-family residential consistent with the existing neighborhood. Public utilities are available in West 38' Avenue and fire protection is near with a fire hydrant located directly across 38`h Avenue near the north western property corner. The subdivision will be designed to comply with all applicable zoning and building requirements set forth be the City of Wheat Ridge. Thank you for your time and consideration of this project. Please contact me at 303-748-5725 if you have any question concerning the proposal as set forth. Prospect Gardens Development Group. LLC Lz~ Daniel, F. Schneider, P. E. Manager Attachments EXHIBIT I POSTING CERTIFICATION CASENO. 1J°Dq~ IZ, DEADLINE FOR WRITTEN COMMENTS: Senn e-k ~-ev- ~pp (name f residing at 3 $ (n (o (j k4` aY, aoet lee, 0-0 8-0 O3 3 (address) as the applicant for Case No. ks - d+-( Public Notice at l ( R 001 VJ , j Qjt hereby certify that I have posted the sign for (location) 'A'" cc) on this 9 4 day of Yq 6W L 290_a and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: lozo,~ NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. AV X (~-S 1TE 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 March 14, 2005, 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 petition shall be heard: Case No. MS-04-12: An application filed by Dan Schneider for approval of a 4- lot minor subdivision plat with dedications on property zoned Residential-One A (R-1A) and located at 11900 W. 38th Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 29; THENCE S.00°45'40"E. ON AN ASSUMED BEARING, ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1,323.39 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N.89°25'50"E. ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 1,332.57 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N.0°42'41"W. ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 961.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE N.89°25'50"E. PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 345.10 FEET; THENCE N.0°42'41 "W. PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 173.81 FEET TO THE SOUTH LINE OF PROSPECT AVENUE; THENCE S.80°07'02"W., 349.57 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE S.0°42'41"E. ALONG SAID WEST LINE A DISTANCE OF 117.24 FEET TO THE TRUE POINT OF BEGINNING. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: February 24, 2005 M cc-~11Y&5- 5 o ~ i C s i _ e ,[a , M * etroScan / Jefferson (CO) • Owner :Carroll John F Parcel :030826 Site :3754 Union Ct Wheat Ridge 80033 11r09/l991 7003 Mail :14981 W 32nd P1 Golden Co 80401 2260 0003 1176 1973 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.50 TotRm: YB:1965 Pool: B1dgSF:2,283 Ac: : MetroScan / Jefferson (CO) Owner :Prospect Gardens Dev Group Ltd Parcel :030850 Site :11900 W 38th Ave Wheat Ridge 80033 Yfo,,i •n9/ii/?nos Mail :3866 Union Ct Wheat Ridge Co 80033 7003 2260 0003 1176 1980 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.00 TotRm: YB:1919 Pool: B1dgSF:972 Ac:1.15 * : MetroScan / Jefferson (CO) • Owner :Wood Michael A Parcel nti" " 1176 1997 Site :3774 Union Ct Wheat Ridge 80033 7003 2260 0003 Mail :3774 Union OF Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF:1,605 Ac: • MetroScan / Jefferson (CO) Owner :Ratzloff James E Parcel :068211 U nlC LA 1 0 eg Site :3784 Union Ct Wheat Ridge 80033 7003 2260 0003 1176 2000 Mail :3784 Union Ct Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF:1,988 Ac: MetroScan / Jefferson (CO) Owner :Crippen Karen Parcel :073465 Site :11835 W 37th P1 Wheat Ridge 80033 xfo,-A 0003 1176 2017 Mail :11835 W 37th P1 Wheat Ridge Co 80033 7003 2260 Use :1112 Res,Improved Land e Bedrm: 4 Bath:2.50 TotRm: YB:1970 Pool: B1dgSF:1,235 Ac: * • MetroScan / Jefferson (CO) Owner :Ralston Robert Steven Parcel :074149 Site :3781 Tabor Ct Wheat Ridge 80033 - Mail :7385 Salvia Ct Arvada Cc 80007 7003 2260 0003 1176 2024 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: Y13:1969 Pool: B1dgSF:1,109 Ac: * : MetroScan / Jefferson (CO) • Owner :Donegan Colleen Parcel :074555 Site :11824 W 38th Ave Wheat Ridge 80033 Xfered 1176 2031 Mail :11824 W 38th Ave Wheat Ridge Co 80033 7003 2260 0003 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.75 TotRm: YB:1969 Pool: B1dgSF:1,343 Ac: : MetroScan / Jefferson (CO) Owner :Leclere Donald B Jr Parcel :074556 Site :3741 Tabor Ct Wheat Ridge 80033 Xfered :12/23/1993 Mail :3741 Tabor Ct Wheat Ridge Cc 80033 7003 2260 0003 1176 2048 Use :1112 Res,Improved Land Bedrm: 4- Bath:1.75 TotRm: YB:1969 Pool: B1dgSF:2,018 Ac: * MetroScan / Jefferson (CO) Owner :Grigsby Fred C/Grigsby D B Parcel :074557 Site :3721 Tabor Ct Wheat Ridge 80033 Mail :3721 Tabor Ct Wheat Ridge Cc 80033 7003 2260 0003 1176 2055 Use :1112 Res,Improved Land P one Bedrm: 5 Bath:2.50 TotRm: YB:1969 Pool: B1dgSF:1,264 Ac: * • MetroScan / Jefferson (CO) Owner :Osvold Thomas 0 - Parcel :077302 Site :11855 W 37th Pl Wheat Ridge 80033 - 7003 2260 0003 1176 2062 Mail :11855 W 37th Pl Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: BldgSF:1,287 Ac: * MetroScan / Jefferson (CO) : Owner :Jones Stephen T Parcel :077303 Site :11875 W 37th P1 Wheat Ridge 80033 °{^r~~~i /3n/2004 Mail :11875 W 37th Pl Wheat Ridge Cc 80033 _ 7003 2260 00 22S 079 ~ Use :1112 Res, Improved Land F onT . / i Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF:1,966./ ,rAc: G % , t , s o' J L s`. ~s Information compiled from various sources Rea! Estate Solutions makes no representations ' J or warranties as to the accuracy or completeness of information contained in this report. ~ MetroScan / Jefferson (CO) Owner :Stumm Mary Luise Parcel :077304 Site :11885 W 37th P1 Wheat Ridge 80033 of P,-PH ,n4/10/1976 Mail :11885 W 37th P1 Wheat Ridge Cc 80033 7003 2260 0003 1176 2086 Use :1112 Res,Improved Land Bedrm: 4 Bath:2.50 Tot Rm: YB:1970 Pool: B1dgSF:1,488 Ac: * : MetroScan / Jefferson (CO) ; Owner :West Byron Parcel :077305 Site :3693 Taft Ct Wheat Ridge 80033 7003 2260 0003 1176 2093 Mail :3693 Taft Ct Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone :720-519-4627 Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF:1,188 Ac: * : MetroScan Jefferson (CO) : Owner :Jenks Calvin L Jr Parcel :086395 Site :11885 W 38th Ave Wheat Ridge 80033 Xfered :04/24/lggr Mail :11885 W 38th Ave Wheat Ridge Cc 80033 7Q03 2260 0003 1176 2109 Use :4131 Agr,Meadow And Hay Land - Bedrm: 5 Bath:4.00 TotRm: YB:1946 Pool: B1dgSF:3,383 Ac:15.10 - : MetroScan Jefferson (CO) Owner :Youngblood T C Parcel :424690 Site :3818 Union Ct Wheat Ridge 80033 xfPrPA 2116 Mail :3818 Union Ct Wheat Ridge Cc 80033 7003 2260 0003 1176 Use :1112 Res,Improved Land Bedrm: 4 Bath:3.00 TotRm: YB:1999 Pool: B1dgSF:2,471 Ac:.28 * : MetroScan / Jefferson (CO) Owner :Halbach Michael G Parcel :424691 Site :3802 Union Ct Wheat Ridge 80033 7003 2260 0003 1176 2123 Mail :3802 Union Ct Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:3.00 TOtRm: YB:1999 Pool: B1dgSF:3,474 Ac:.28 ~p Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 February 28, 2005 Dear Property Owner: This is to inform you of Case No. MS-04-12 which is a request for approval of a 4-lot minor subdivision plat with dedications on property zoned Residential-One A (R-IA) and located at 11900 W. 38th Avenue. This request 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 March 14, 2005 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 303-235-2846. Thank you. Planning Division. C DOCmnents and Settings\kathyM4y DoctimentsUathyTCUTSTLA GCOMNcnotice0005~ns041E.wPd * Search Parameters * Jefferson (CO) * 2/28/2005 * 12:24 PM Parcel Number ...16 39 291 00 002 39 291 06 033 39 291 06 034 39 291 06 035 39 291 06 036 39 291 06 037 39 291 06 038 39 291 06 039 39 291 06 040 39 291 06 041 39 291 06 042 39 291 06 043 39 291 06 044 39 291 13 001 39 291 13 002 39 204 00 006 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235-2857 The City of Wheat Ridge February 24, 2005 Dan Schneider 3866 Union Ct. Wheat Ridge, CO 80033 Dear Dan: Please be advised that at its meeting of February 17, 2005, the Planning Commission recommended approval of Case No. MS-04-12, a request for approval of a four-lot subdivision for property located at 11900 West 38th Avenue for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-1A zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions: A note be added to the plat which reads: "Joint access points permitted between lots I and 2 and between lots 3 and 4." The existing detached garage on lot 2 be removed. Your request is scheduled for a public hearing before City Council at 7:00 p.m. on March 14, 2005. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, L 4 at y i Administrative Assistant Enclosures: Draft of Minutes cc: MS-04-12 (case file) c:UKathy\PC RPTS\P LAN GCOM\CORRE SP\2005\ms0412 PUBLIC HEARING A. Case No. MS-04-12: An application filed by Dan Schneider for approval of a 4-lot minor subdivision plat with dedications on property zoned Residential-One A and located at 11900 West 38`h Avenue. Travis Crane presented the case. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the case for reasons outlined in the staff report. In response to a question from Commissioner MCMILLIN, Mr. Crane explained that the intended right-of-way for 38`h in this location is 50 feet. DRAFT Dan Schneider " 3866 Union Court, Wheat Ridge Mr. Schneider, the applicant in the case, stated he purchased the property this year with the intention of subdividing. The shared access would reduce access points onto 38`h Avenue. The lots exceed minimum requirements by 20% or more. He agreed to give Tract A to the city, have plat notes regarding joint access points and to remove the existing detached garage. There were no other individuals present who wished to address this case. Commissioner McMILLIN expressed concern about the right-of-way dedication requested by the city because he wouldn't want to give "back door consent" to widening 38`h Avenue. Commissioner PLUMMER stated he understood the city's request for a 10-foot right-of-way for utilities, curb and street alignment. It was moved by Commissioner SCEZNEY and seconded by Commissioner McMILLIN to recommend approval of Case No. MS-04-12, a request for approval of a four-lot subdivision for property located at 11900 West 38th Avenue for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-IA zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions: 1. A note be added to the plat which reads: "Joint access points permitted between lots 1 and 2 and between lots 3 and 4." 2. The existing detached garage on lot 2 be removed. The motion passed 5-0 with Commissioners STEWART and WITT absent. Planning Commission Page 2 February 17, 2005 l vF M l ! v 11900 W. 3P Avenue A reque4 for approval of a four-lot sutdivision m~r:eav, reavarv ~r" PIa00~ng CanmisAOn R-IA Zone District All four lots must meet the R-IA standards minimum lot size of 9,000 square feet minimum lot width of 75 feet Standard Size Width Lot 1 13,036 84.18 Lot2 11,754 83.06 Lot3 11,020 86.10 Lot 4 10,915 96.23 Subdivision Plat a.m.~. s _ f 2 Conclusions An escrow is required for public improvements adjacent to W. 3P Ave. A fee in lieu of parkland dedication will be required Joint access points are being proposed for all lots -to be reviewed at building permit An existing house will remain -detached garage will not The home will meet all setbacks Conclusions Public dedication is required along W. 38' Avenue A City Council hearing is required All responding agencies can serve the properly Typical utility easements are being established Staff is recommending approval with 2 considers: Add note regarding joint access The exisdng detached garage on lot 2 shall be removed 3 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION February 17, 2005 Case No. MS-04-12: An application tiled by Dan Schneider for approval of a 4-lot minor subdivision plat with dedications on property zoned Residential-One A (R-IA) and located at 11900 W. 38th Avenue (Please print) Name Addressi In Favor/Opposed ~oFW"E^TRO CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT COCORPOO TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME: MS-04-12/Schneider DATE OF MEETING: February 17, 2005 ACTION REQUESTED: A request for approval of a four-lot subdivision plat. LOCATION OF REQUEST: 11900 W. 38`r Ave. APPLICANT (S): Prospect Gardens Development Group OWNER (S): Dawn Penland, Alice 3866 Union Court and Homer Sessions Wheat Ridge, CO 80033 APPROXIMATE AREA: 50,221 sq. ft. (1.15 ac.) PRESENT ZONING: Residential One-A (R-IA) ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE (X) (X) SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION 3685 J-- 3Location Map F-i W Subject Property W 37TH PL U v 10 M M R-1 11sss ~ ~ S {~j6 W.~g1H?l ~ 1 11650 r o W 3764 3785 Q 3765 3 3764 M R- A 3754 3755 m W 37T W 37TH PL N m m n All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Planning Commission 1 MS-04-12/Schneider I. CASE ANALYSIS The applicant is requesting approval of a four-lot subdivision plat (Exhibit 1, Letter of Request). The property is currently under contract. Proper permissions have been granted by the property owners to proceed with the application. The property is currently zoned R-lA, and contains a single-family structure. The applicant wishes to create four lots. The R-lA zone district allows single-family structures and accessory buildings. The property is currently 50,221 square feet in size. The subdivision will allow for the construction of three single family homes, and the retention of an existing house on the fourth lot. There is an existing single-family structure and detached garage located on lot 2. The house will remain, and the garage will be demolished. The existing house must meet the required setbacks in the R-lA zone district. The house must have a 30 foot front yard setback, 10 foot side yard setback and a 15 foot rear yard setback. With the creation of lot 2, the required setbacks are being met and exceeded. Additionally, the R-lA zone district allows a maximum building coverage of 30%. The structures combined are 1,900 square feet in size. Based upon a lot size of 12,205 square feet, a maximum building coverage of 3,661.5 square feet may be allowed. II. SUBDIVISION PLAT The plat will subdivide the property into four lots (Exhibit 2, Plat). The R-1A zone district requires minimum lot size of 9,000 square feet and a minimum lot width of 75 feet. All 4 lots are at least 9,000 square feet in size and 75 feet in width. Public dedication is being required by the Public Works Department along the West 38`h Avenue frontage. This dedication is required to accommodate a full right-of-way width for West 38th Avenue. Because this dedication is required, the request must be reviewed and approved by City Council. Agency Referral All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. The applicant will be required to submit an escrow for future public improvements located along the West 38th Avenue frontage. Typical utility easements are being established around the perimeter of each lot. A fee in lieu of parkland dedication will be required. Access The applicant is proposing joint access points. One access point will be created between lots 1 and 2, and a second will be created between lots 3 and 4. A note should be added to the plat which states: "Joint access points permitted between lots 1 and 2, and between lots 3 and 4." III. STAFF CONCLUSION & RECOMMENDED MOTION (S): Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the Code of Laws. Additionally, all created lots will meet or exceed minimum lot size standards in the R-lA zone district. Therefore, staff recommends APPROVAL of the subdivision plat. Planning Commission MS-04-12/Schneider OPTION A: "I move to recommend APPROVAL of Case No. MS-04-12, a request for approval of a four lot subdivision plat for property located at 11900 W. 38th Avenue, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. All created lots will meet or exceed minimum lot size standards in the R-IA zone district. 4. Adequate infrastructure will be constructed with the development to serve the proposed use." With the following conditions: 1. A note be added to the plat which reads: "Joint access points permitted between lots 1 and 2, and between lots 3 and 4. 2. The existing detached garage on lot 2 be removed." OPTION B: "I move to recommend DENIAL of Case No. MS-04-12, a request for approval of a four lot subdivision plat for property located at 11900 W. 38th Avenue for the following reasons: Planning Commission MS-04-12/Schneider i e, . s . _ _ ~ x ._r._. a r t i i i 1 1 ~edga, ~Jk .ate d z %n ~ ~ ' - y - s 9 & 4 f a- rt+ 'hti~ '„e` .r.« d c~ ws.~ ' ~ l 3 ~i, p^' 0  T ~ r r n., e t fi r,... z _ ,.u~ `°y T ~ ~ ~ ~ . ~a ~t t, a 9 t z t 5 Y i L ~ 4 i i i s s E f z - ,Y t ~ ti a , 4 rJ V ~ t~ y- E 4. t 4j~ < < - I,. ;A - I ~F -~i ci  f A ~ ~ ~ r Y ~ ~ i E ~ ~ ~ ~ _ F rt ~ ~ q r w _ , ~ u~ 3 t: i ~ ~ W 1 ,...o,.,. 1 t, ~ ° a ; a Wea . _ ~ - ~ ~ ...a~_. i r y t, v ~ .r- n POSTING CERTIFICATION CASE NO. Al S- 0 N- l 2 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: f ~t1 u 17QjS I, a t2~ SCkin / (name) I 1 residing at 3 T (t t. A 1'©-A (!U Att, W ~Ul (t trcl d a (a d d r e s s) as the applicant for Case No. fN~ S O y I Z , hereby certify that I have posted the Notice of Public Hearing at it q00 VJ eS+- 94- ~tnnnc ~ T (location) on this 1.~ aay of F~ rV, Cuy a , 20 a 5, 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 public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP e:lplann i nglfonnslposti ngcert Rev. 1/1/03 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 February 17, 2005, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29"' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. MS-04-12: An application filed by Dan Schneider for approval of a 4- lot minor subdivision plat with dedications on property zoned Residential-One A (R-1A) and located at 11900 W. 38 h Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6"; PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 29; THENCE S.00°45'40"E. ON AN ASSUMED BEARING, ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1,323.39 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N.89°25'50"E. ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 1,332.57 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N.0°42'41 "W. ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 961.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE N.89025'50"E. PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 345.10 FEET; THENCE N.0°42'41"W. PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 173.81 FEET TO THE SOUTH LINE OF PROSPECT AVENUE; THENCE S.80°07'02"W., 349.57 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE S.0°42'41"E. ALONG SAID WEST LINE A DISTANCE OF 117.24 FEET TO THE TRUE POINT OF BEGINNING. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: February 3, 2005 nts _oy_lafSc ~i r n / Jefferson o (C) O) ( Owner Owner :Carroll John F Parcel :030826 Site :3754 Union Ct Wheat Ridge 80033 Xfered :11/26/1991 Mail :14981 W 32nd P1 Golden Co 80401 7003 2260 0003 1176 0952 Use :1112 Res,Improved Land Bedrm :3 Bath:2.50 TotRm: YB:1965 Pool: B1dgSF:2,283 Ac: • MetroScan / Jefferson (CO) • Owner :Penland Dawn M Et Al Parcel :030850 Site :11900 W 38th Ave Wheat Ridge 80033 Xfered :05/19/1998 Mail :1038 Red Oak Dr Longmont Cc 80501 Use :1112 Res,Improved Land 7003 2260 0003 1176 0969 Bedrm :2 Bath:1.00 TotRm: - YB:1919 Pool: B1dgSF:972 Ac:1.15 * ; MetroScan / Jefferson (CO) Owner :Wood Michael A Parcel :065315 Site :3774 Union Ct Wheat Ridge 80033 ^-^a -ncl~11 nna Mail :3774 Union Ct Wheat Ridge Co 80033 7003 2260 0003 1176 0976 Use :1112 Res,Improved Land one. Bedrm: 3 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF:1,605 Ac: * • MetroScan / Jefferson (CO) Owner :Ratzloff James E Parcel :068211 Site :3784 UnionCt Wheat Ridge 80033 Xfered 1176 0983 Mail :3784 Union Ct Wheat Ridge Co 80033 7003 2260 0003 Use :1112-Res,Improved Land Bedrm: 4 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF:1,988 Ac: • MetroScan / Jefferson (CO) Owner :Crippen Karen Parcel :073465 Site :11835 W 37th P1 Wheat Ridge 80033 v{^•---' " 003 1176 0990 Mail :11835 W 37th P1 Wheat Ridge Cc 80033 7003 2260 0 Use :1112 Res,Improved Land one Bedrm: 4 Bath:2.50 TotRm: YB:1970 Pool: B1dgSF:1,235 Ac: * . MetroScan / Jefferson (CO) • * Owner :Ralston Robert Steven Parcel 074149 P~ f~CL A1(y~.~ e~ Site :3781 Tabor Ct Wheat Ridge 80033 - - I - 2260 0003 1176 1003 Mail :7385 salvia Ct Arvada Co 80007 7003 Use :1112 Res,Improved Land one Bedrm: 4 Bath:1.75 TotRm: YB:1969 Pool: - B1dgSF:1,109 Ac: ' MetroScan / Jefferson (CO) Owner :Donegan Colleen Parcel :074555 Site :11824 W 38th Ave Wheat Ridge 80033 vfe,--A 0003 1176 1010 Mail :11824 W 38th Ave Wheat Ridge Cc 80033 7003 2260 Use :1112 Res,Improved Land one Bedrm: 2 Bath:1.75 TotRm: YB:1969 Pool: B1dgSF:1,343 Ac: MetroScan / Jefferson (CO) Owner Owner :Leclere Donald B Jr Parcel :074556 Site :3741 Tabor Ct Wheat Ridge 80033 11----A Mail :3741 Tabor Ct Wheat Ridge Co 80033 7003 2260 0003 1176 1027 Use :1112 Res,Improved Land one Bedrm: 4 Bath:1.75 TotRm: YB:1969 Pool: B1dgSF:2,018 Ac: • MetroScan / Jefferson (CO) Owner :Grigsby Fred C/Grigsby D B Parcel :074557 Site :3721 Tabor Ct Wheat Ridge 80033 Xfered :0112ft/lane Mail :3721 Tabor Ct Wheat Ridge Co 80033 7003 2260 0003 1176 1034 Use :1112 Res,Improved Land Bedrm: 5 Bath:2.50 TotRm: YB:1969 Pool: B1dgSF:1,264 Ac: * ' MetroScan / Jefferson (CO) • Owner :Osvold Thomas O - Parcel :077302 Site :11855 W 37th P1 Wheat Ridge 80033 7003 2260 0003 1176 1041 Mail :11855 W 37th Pl Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF:1,287 Ac: MetroScan / Jefferson (CO) • Owner :Jones Stephen T - Parcel :077303 Site :11875 W 37th 21 Wheat Ridge 80033 Xfered :11/30/2004 Mail :11875 W 37th P1 Wheat Ridge Cc 80033 - 7003 2260 0003 1176 1058 Use :1112 Res,Improved Land Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF:1,966 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) • Owner :Stumm Mary Luise Parcel :077304 Site :11885 W 37th P1 Wheat Ridge 80033 v{^---' 0003 1176 106 Mail :11885 W 37th P1 Wheat Ridge Co 80033 7003 2260 Use :1112 Res,Improved Land one Bedrm: 4 Bath:2.50 TotRm: YB:1970 Pool: B1dgSF:1,488 Ac: • MetroScan / Jefferson (CO) Owner :West Byron Parcel :077305 Site :3693 Taft Ct Wheat Ridge 80033 Mail :3693 Taft Ct Wheat Ridge Co 80033 7003 2260 0003 1176 1072 Use :1112 Res,Improved Land Phone :720-519-4627 Bedrm: 4 Bath:1.75 TotRm: YB:1970 Pool: B1dgSF:1,188 Ac: MetroScan Jefferson (CO) Owner :Jenks Calvin L Jr Parcel :086395 Site :11885 W 38th Ave Wheat Ridge 80033 xfo,-o •nntontiooc Mail :11885 W 38th Ave Wheat Ridge Co 80033 7003 2260 0003 1176 1089 Use :4131 Agr,Meadow And Hay Land - - Bedrm: 5 Bath:4.00 TotRm: YB:1946 Pool: B1dgSF:3,383 Ac:15.10 MetroScan / Jefferson (CO) Owner :Youngblood T C Parcel :424690 Site :3818 Union Ct Wheat Ridge 80033 Xfered :07/17/199R Mail :3818 Union Ct Wheat Ridge Cc 80033 7003 2260 0003 1176 1096 Use :1112 Res,Improved Land Bedrm: 4 Bath:3.00 TotRm: YB:1999 Pool: B1dgSF:2,471 Ac:.28 • MetroScan / Jefferson (CO) Owner :Halbach Michael G Parcel :424691 Site :3802 Union Ct Wheat Ridge 80033 Xfered :06/na/loon Mail :3802 Union Ct Wheat Ridge Co 80033.. 7003 2260 0003 1176 1102 Use :1112 Res,Improved Land Bedrm: 4 Bath:3.00 TotRm: YB:1999 Pool: B1dgSF:3,474 Ac:.28 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 February 3, 2005 Dear Property Owner: This is to inform you of Case No. MS-04-12 which is a request for approval of a 4-lot minor subdivision plat with dedications on property zoned Residential-One A (R-1A) and located at 11900 W. 38th Avenue. This request 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 February 17, 2005 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 303-235-2846. Thank you. Planning Division. C:~....e and Satmp\kwhyfft Doc. mentsaathytPC"TSIPLMGCOMWc.otice12005M,NI 2.w d * Search Parameters * Jefferson (CO) * 2/2/2005 * 11:38 AM Parcel Number ...16 39 291 00 002 39 291 06 033 39 291 06 034 39 291 06 035 39 291 06 036 39 291 06 037 39 291 06 038 39 291 06 039 39 291 06 040 39 291 06 041 39 291 06 042 39 291 06 043 39 291 06 044 39 291 13 001 39 291 13 002 39 204 00 006 John Carroll Dawn Penland & Homer Sessions Michael Wood 14981 W 32nd PI 1038 Red Oak Dr 3774 Union Ct Golden, CO 80401 Longmont, CO 80501 Wheat Ridge, CO 80033 James Ratzloff 3784 Union Ct Wheat Ridge, CO 80033 Karen Crippen 11835 W 37th P1 Wheat Ridge, CO 80033 Robert Steven Ralston Suzanne Ra Beckstrom 7385 Salvia Ct Arvada, CO 80007 Colleen Donegan 11824 W 38th Ave Wheat Ridge, CO 80033 Thomas Osvold & Joyce Osvold 11855 W 37th PI Wheat Ridge, CO 80033 Byron West 3693 Taft Ct Wheat Ridge, CO 80033 Michael Halbach & Beverly Halbach 3802 Union Ct Wheat Ridge, CO 80033 Donald Leclerc Jr. 3741 Tabor Ct Wheat Ridge, CO 80033 Stephen Jones 11875 W 37th PI Wheat Ridge, CO 80033 Calvin Jenks Jr. 11885 W 38th Ave Wheat Ridge, CO 80033 Fred & D B Grigsby 3721 Tabor Ct Wheat Ridge, CO 80033 Mary Luise Stumm 11885 W 37th PI Wheat Ridge, CO 80033 T C Youngblood & Cynthia Youngblood 3818 Union Ct Wheat Ridge, CO 80033 PROSPECT GARDENS SUBDIVISION A PART OF THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 67H PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF I MAT NOTES, 1. 5/6 RICH DIAMETER RESAR ON 1 1/2' ALLOY CAP STAMPED 'LANE EKG SRV NC 18837' IS SET AT PONT SIOM THUS O POINT OF COMMENCEMENT 5 8872'23' W 2667.44' NO CODER NE 1/4 SECTION 29 - - - - 3 1/{' SWISS CAR RI RANGE POINT BDX STAMPED '.S 13212' E I I i PROSPECT RIDGED U N P L A T T E D LOT 12 I WES1 38114 ai aT4 E 3A9.SY ~pJ0Y0x"W 3{9.SY d SEp,OOYM 8 Y NqR 6 Bg.1 "i f 10' FRONT C I I EASEMENT n H` OF DRAINAGE AND UTNTY EASEMENT ;N = LOT { LOT 3 10.915 ff I n 11.020 RE LOT 1 R-IA ZONING ' T•N - n u 0.x5 ACES R-IA 2ONNG O 25 A 0.25 ACES - I R-IA ZONING ( APPLEWOOD VISTA I E HE CORER SECTION 29 3 1/4' BRASS CAR IN RANGE POINT BOX STAMPED U 13212' TRACT A 10' R HINT-OF-WAY HEREBY DEDICATED BY n6s PLAT 3.{96 ff I I 1 I f LOT 1 ( - I AND UTILITY NOTE 8) @ IN 13 SF a 0 ~ wCRES n LOT 2 M30 11.754 S i a R-IA ZOING I 027 ACRES S' SIDE z R-lA ZONING " DRAINAGE O AND UTILITY (___JL__ _J L_ _ 9600 eS00' 62.00' i FONT O N 891590' E 34510' I LOT2 I ; BEGIaaNG APP L E WOOD RIDGE R-IA ZONING I • $ }LOT 9 LOT 8 SW WRI6R NW 1/4 NE 1/4 SECTION A •8. \ R-IA ZONING Y R-lA ZONING LOT 7 LOT 6 2 1/2 CAP STAMPED 1S 1683 ON 66 RERAR IN RANGE PONT BON z I R-TA ZONING R-IA ZONING SIT 1 PURER TEE 1/4 TEE 1/4 SECTION 29 2 E 1663]' 2 05 STAMPED S 1 x B9'2s90' E 13]2.5]' ON 66 REBAR IN RANGE PONNT BOX eAS15 FCt BEAMf (011 N SCALE 1'=40' 40 0 20 a 0 CASE HISTORY MS-04-12 PREPARED BY LAW ENGINEERING SERVICE, INC. 9eL:0303) 233- 042 J FAX:LAKEWOOD (303) 22333-07%15 I EASE DUTY (T 3! No'i J L_ LOT 2 D 2 rc i O N O 3<- J H a rc a/ / LOT 3 LOT 5 R-1A ZONING 2. THE BASS FOR THE BEARING 940M ON THE GRAPHIC PORTION OF THIS SURVEY 6 THE EAST-IE5T CIENTERIUME OF THE NORTHEAST ONE-QUARTER OF SECTION 29. AS GO ATED BY THE MOMENTS DESOMO CH THE GRAPHIC PORTION OF THIS PAT BEARS N 8M*50'E (ON). 1 DATE OF PAT PREPARATION IS DECEMBER 20. 2004 NO PORTION OF THIS STE 15 ODOM THE 100 YEAR FLOOD PAN AS NOCATUD BY THE FLOW NGRANCE RATE MAP (TURN). On OF NEAT ROM, COLORADO. JEFFERSON. COUNTY. COMMUNITY PANEL NO. OaD509CO194E. DATED ARE 17. 2003, 5. NOTICE: ACCORDING TO COLORADO LAW. YOU MST COMENCE ANY MEWL ACTION BASED UPON ANY DEFECT N THIS SURVEY INTHNR THEE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. 0 RIO EVENT MY ANY ACTION RASED UPON SIGN DEFECT IN THIS SURVEY BE COWENICED MORE MAN TEN (EARS FRDM THE DATE OF TIE CEROICATION SHOWN HEREON. 8. ANY PERSON WHO KNOWINGLY REMOVES ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT ON LAO BOUNDARY MONUMENT ON ACCESSORY COMMITS A CLASS TWO (2) HISCENEANOR PURSUANT TO STATE STATUTE 18-4-500. COLORADO NEYSED STATUTES 7. TRACT A IS HERESY OEOCATEO TO THE ON OF WHEAT RODE AS PUBLIC RIGHT-OF-WAY. S. TEN FOOT (101 ItlE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPER" ICES OF EACH LOT IN THE S MVISON OR PATTED ARE& nWE-FOOT (5) TONE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO K UL SOE LOT LINES OF EACH LOT R THE SHEGRMSDIR OR PATTED AREA THESE EASEMENTS ARE DEDICATED FOR TELEVISOR CABLE. DRAINAGE AND TELECOMMUNICATION FACILITIES UTILITIES' SHALL ALSD BE PERMITTED ONO ANY ACCESS EASEMENTS ARID PRIVATE STREETS RI THE SUBDIVISION. PERMANENT STRUCTURES ARID WATER DETERS SHALL NOT BE PO NED 11101 SAD UTNTY EASEMENTS. S@SMITS CERIVICAN. SURVEYORS CERMOITE 1. STEVEN 0. USRR. DO HEREBY CERTIFY MAT THE SURVEY OF THE BOUNDARY OF RWDSICCf "MEWS SIRIBRI IGN WAS MADE BY ME OR UNDER MY ORECT SUPERVISION AND TO THE REST O' MY KNOWLEDGE. INFORMATION AND BELIEF. IN ACCORDANCE Will ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED. THE ACDOMPANNING PAT ACCURATELY REPRESENTS SAID SURVEY. s1CE11 0. LISTER RE051OW LAID SURVEYOR COLORADO N0. 16677 VICINITY MAP N $GIE: P •508 DWIDA't CORVICAf( WE, PROSPECT GARDENS DEVELOPMENT GROUP. "Q. BROC THE OWNERS OF REAL PROPERTY CONTAINING 1.153 ACES DESCRIBED AS FOLLOWS A TRACT OF LAND LOCATED IN INS NORTHEAST ONE-OUARTER OF THE NORREAST OE-QUARTER O SECTION 29. TONNSP 3 SOUTH, RANGE 69 WEST OF THE ON PRINCIPAL MERADIM. ON OF TEAT ROM, COUNTY OF JEFFERSON. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORM OE-QUARTER CODER OF SAID SECTION 29: THENCE S 1D' o' 40' E. ON AN ASSUMED BEARING. ALONG THE WEST LIE O' THE NORTHEAST H. ON A THENCE MFR A W,. 3{9.57 FEET M A PONT ON THE 'ZEST LINE OF THE NDRMEAST OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE E. ALONG SAID WEST ICE A DISTANCE O 117.24 FEET TO THE TRUE POINT OF CONTAINING 1.153 ACRES MORE OR LESS HAVE LAO OUT, SUBDIVIDED AND PATTED SAO LAND AS PER THE ONAING HEREON CONTAINED UNDER THE NAME AND STYE O' NNSWECi GROOM SPIRRW6OI PION QARppA{+*=MO E, A SUBDIVISION OF A PART O' THE ON OF WHEAT DOGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE ON ON WHEAT RAGE AND THE PUBLIC THOSE PORTIONS O REAL PROPERTY SHOWN AS RIGHT-OF-WAY. ARID DO FURTHER DEDICATE TO THE ON OF NEAT ROUE AND THOSE MUNICIPALLY OWED AD/OR MUNICIPALLY MAN09SW UTNTES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SINN AS EASEMENTS FOR THE CONSTRUCTION. INSTALLATION, OPERATION„ MAINTENANCE. REPAIR AND REPLACEMENT FOR ALL SERVICES THIS INCLUDES BUT 5 NOT UNITED TO TELEPHONE AND ELECTRIC NIBS. GAS IVES WATER AND SANITARY SEWER ICES HYDRANTS STOW WATER SYSTEMS AND PIPES DETENTION GDS. STREET LIGHTS ARID ALL APPURTENANCES THERETO. DOM Aww DIV04 DLNOLNMWf DREW LL.C. DANIEL F. WOODEN. MANAGER STATE OF COLORADO ) ) S5 CO K" OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ WY O' A0. 2005 BY DANIEL F. SOIEOER AS MANAGER OF THE PROSPECT CAROMS DEVELOPMENT GROUP. L.L.C. W TRESS MY HAD AND OFFICIAL SEAL. MY COMIA59CN E%PoRES NOTARY PUBLIC I1 ARRI10 OOMIxAiBIL OERNMCAWOW RECOMMENDED FOR APPROVAL IM -DAY OF. 2004, BY THE WHEAT RIDGE PAWNING COIBM59ON. CHAIRPERSON! Oft 40MCAVA APPRO•.EO THIS_OAY OFJ 2005 BY THE WHEAT ROM an CONO L ATTEST Ott CLERIC DIRECTOR OF COWICIW DEVELOPMENT am" am .O EEDomm" DDRVOAE STATE OF COLORADO > ) SS COUNTY OF JEFFERSON ) MAYOR 1 HEREBY CERTIFY MAT THIS PAT WAS FLED IN DE OFFICE a THE COUNTY GLERK AND RECORDER OF JEFFERSON CONN AT GOLDEN. COLORADO. AT _Wo_= M. CN THEDAY Or2005 M.. RI BOOK , PAGE RECEPTION N0. JEFFERSON COUNTY CLEAR AND RECORDER BY DEPUTY REVISM 02110,05 PREPARED: 12/MM PROJECT. 5211-11 F WHEgl O ~ Po 7500 West 29th Avenue The City of m Wheat Ridge, Colorado 80033 Wheat Rid e 303.235.2846 Fax: 303.235.2857 9 cocoRnoo 5 January 2005 Steven Lister Lane Engineering 9500 West Mill Avenue Lakewood, Colorado 80215 RE: Prospect Gardens Subdivision/11900 W. 38`" Ave. Dear Mr. Lister: I have completed my initial review of the above-mentioned subdivision plat, and I have the following comments: 1. General: A. I have included all referral comments from responding agencies. Any questions regarding these comments should be directed towards the agency that directed said comment. There were a few notable agencies that did not respond in the specified referral period. In the event that comments are received, they will be forwarded for your review. B. Once the review comments have been addressed, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation to City Council. If City Council approves the request for subdivision, a photographic mylar must be submitted and ultimately recorded with Jefferson County. C. A development agreement must be completed and recorded with Jefferson County concurrently with the plat. Along with this agreement, an escrow must be submitted for the full value of the public improvements. D. Pursuant to Section 26-421(D), parkland dedication is required for every residential subdivision. In this case, a cash fee in lieu of physical parkland dedication will be required. This fee is based upon the valuation of the land and number of dwelling units created. This fee must be paid prior to the issuance of a building permit for any lot in the subdivision. E. The subject property contains portions of two different ditches. Any modification to these ditches will require approval from the respective ditch companies. These approvals must be submitted at time of building permit. F. Please provide the total square footage of the existing house which will remain on lot 2. This existing house may not exceed maximum lot coverage in the R-IA zone district, and must also meet all required setbacks in the R-lA zone district. 2. Final Plat Review: A. Please include a distance and bearing for each new property line created by this plat. B. Please add a case history box which includes the following case number: "MS-04- 12" C. Please add zoning for the adjacent parcels. The zoning for all parcels to the east, south and west of the subject property are zoned R-1A. D. In the Owner's Certificate, please amend any reference of "Prospect Avenue" to West 38`h Avenue". E. If either of the ditches is located within an easement, please show said easements on the plat. Please make all the required corrections prior to the next submittal. You should be aware that comments from external agencies may impact my review. You should also be aware that the City charges a resubmittal fee for each review past the second review. If you have any questions, feel free to give me a call. I can be reached at 303.235.2849. Sincerely, Travis R. Crane Planner Cc: Daniel Schneider JAN. 1. 2005 11:00AM MARTIN & MARTIN N0. 1631 P. 2/2 4 .~t MARTIN/MARTIN CONSULTING ENGINEERS January 7, 2005 City of Wheat Ridge Community Development 7500 West 29'h Avenue Wheat Ridge, Colorado 80033 Attn: Travis Crane Re: Community Development Referral - MS-04-12/Schneider-11900 West 38'h Avenue Dear W. Crane, On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc. acting as the District Engineer, offers the following in response to the referenced Community Development Referral dated December 23, 2004: We have the following comments that should be addressed prior to City approval related to this referral: The proposed subdivision is not within NWLSD. If the Developer desires sanitary sewer service from NWLSD, (1) the subdivision will need to be included into the District, (2) verification of serviceability/capacity by the developer/applicant will be necessary, (3) the sanitary sewer main shall be constructed within West 38`h Avenue along the full frontage of Lots 1-3 to within 10 feet of Lot 4 frontage. There is existing sanitar~ sewer infrastructure to the east and south of the parcel within Tabor Court and West 37' Place, respectively. The developer/applicant shall follow NWLSD requirements related to District design, fee deposits and construction bidding for the main extension. Appropriate tap fees and process outline can be provided upon request. It is recommended that further investigation of serviceability be required of the developer/applicant including but not limited to elevation constraints of the existing sanitary sewer infrastructure in the vicinity of the proposed subdivision. The developer/applicant is advised to meet with Martin/Martin Inc. to discuss serviceability. Please call our office if there are any questions, Sincerely, ' Bill Willis, P.E. District Engineer Cc: Special District Management Services - Kammy Tianey ONSOLIDATED mutual water December 29, 2004 Mr. Travis R. Crane, Case Manager City of Wheat Ridge Community Development 7500 West 29th Avenue Lakewood, Colorado 80033 Re: City of Wheat Ridge Case Number MS-04-12/Schneider to Subdivide the Property Located at 11900 West 38th Avenue Into Four Separate Lots Dear Mr. Crane: This will acknowledge receipt of your correspondence dated December 23, 2004 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with Denver Water. Domestic water service maybe provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. Our records indicate that the property addressed as 11900 West 38th Avenue is currently receiving domestic water from the Company through, a 5/8-inch meter (CMWCo Tap Number 341/Account Number B-05717). Domestic water service may continue to be provided to this property subject to compliance with ,the Company's rules, regulations and requirements for such service: The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a subdivision as a "change of use." THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • EO. Box 150068 • Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 Mr. Travis R. Crane, Case Manager City of Wheat Ridge Community Development December 29, 2004 Page 2 The Company's rules, regulations, and requirements further state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. Consolidated further requires that a duplex have a separate water tap and meter for each unit within the duplex, regardless of ownership. Fire protection requirements should be obtained from Wheat Ridge Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determineif additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, ael E. Queen Executive Vice President /cc cc: Doug Saba, Wheat Ridge Fire Protection District Fire Inspector Walter S. Welton, CMWCo President Greg M. Stroeder, CMWCo Water Distribution Manager John M. Allen, CMWCo Project Engineer Neal Santangelo, CMWCo Project Engineer 3 0C 9 Fe a m9nZ N zgo^~ `o-v y III III I III 111 I -"-N'omm> S:~~DD LL V i g rg g _ ° c 01 n m O i, ~ V ~iaO° y- - .a £ F x 1. n I a z Ela _ f. - a I mm" I D outn ~ a at -o~ _ Z S 91 pill! o m ~ a l ~°~.v.° O e "s TA00 CT a I e y i F 4m I'O M O ° v OI 1 YP. a gY Qo-'nEVY n q3 0~ Y m _ I m s~ a<z QA~ APPL OOD KNO 5 _ E / f u 4 tY § 'w° mE L. 9 D ALE R 0 S B 00 x D 6s€ O Z Y N O Z s i b I i a T PoocETI91B I iO q,. A. L ml mac nm E WESTRIDGE SANITATION DISTRICT 3705 KIPLING STREET, SUITE 101 WHEAT RIDGE, COLORADO 80033 303 -424 -9467 January 14,2005 Mr. Travis R. Crane, Case Manager Community Development Department City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 ECEP['`I JAN t e 2nng REF: Case No. MS-04-12, 11900 West 38th Avenue, Wheat Ridge, Colorado. Dear Mr. Crane: Reference is made to your request regarding proposed development for a 4-lot Subdivision plat, Wheat Ridge, Colorado The referenced site is within the boundaries of the Westridge Sanitation District. At this date, there is sufficient capacity in the downstream District system of facilities to serve this development. Each of the single family home can be served by a sewer service extension across West 38th Avenue. The Westridge Sanitation District will serve the proposed development of this site subject to compliance with all applicable District rules and regulations and subject to availability of downstream capacity at the time of actual formal application for sewer connection permits. If you have any questions regarding this matter, please contact this office at 303-233-2058. I would be pleased to discuss this matter with you in greater detail at your request. Very for the District cc: District Office File: W54-0 City of Wheat Ridge Department of Public Works January 3, 2005 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29M AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 Mr. Steven D. Lister, P.L.S. Lane Engineering Service, Inc. 9500 W. 14"' Avenue Lakewood, CO 80215 Re: - First Review Comments of the Final Plat and Site (w/Drainage & Grading) Plan for Prospect Gardens Minor Subdivision. Dear Mr. Lister, I have completed the first review of the above referenced documents for the property located at 11900 West 38th Avenue received on December 23, 2004, and have the following comments: Drainage Letter Please include a brief discussion of the conveyance method for the developed runoff, e.g., roof drains and driveways will flow into a swale to be constructed parallel with the existing irrigation ditch, etc. Final Plat 1. Please correct the bearing shown in the Basis of Bearing statement (the bearing shown on the graphical portion is correct). 2. Modify Note 7 to read: Tract A is hereby dedicated to the City of Wheat Ridge as Public Right- of-Way. 3. Please include the zoning both on-site and for adjacent parcels. 4. In the Legal Description, correct the roadway name (Prospect Avenue) in the Owner's Certificate to West 38 b Avenue, and include the area of the parcel described. 5. The section ties shown on the graphical portion of the Plat do not match the Legal Description. 6. Please include the following on the graphical portion of the plat a. The Point of Commencement and the True Point of Beginning. b. All Lot bearings and distances. c. Bearings and distances for Tract A. d. All zoning, both onsite and offsite. e. Any existing or proposed irrigation ditch easements. f. Identify Tract A as: 10' Right-of-Way hereby dedicated by this Plat. 7. Need to show a Case History Box. Site (and Drainage & Grading) Plan 1. If the Site Plan submitted is to contain all of the Drainage, Grading, and Erosion Control information, please rename the Site Plan to reflect this (e.g., Drainage, Grading, and Erosion Control Plan). 2. The drainage information as shown on the Site Plan would be ideal for a Master Drainage Plan, as the information is conceptual in nature. However, more specific grading/erosion control information and detail will be required for the Drainage, Grading, and Erosion Control Plan to be submitted. 3. As the Drainage, Grading, and Erosion Control Plan is a permanent document for construction purposes, please refrain from the use of pencil on the revised Plan submittal. Computer- generated drawings are preferred; any handwritten comments, notes, or hand-drawn contour lines on the Plan shall be initialed (using indelible ink) by the designing engineer prior to approval by Public Works. 4. Identify the irrigation ditch that runs along the frontage of the parcel. Include all lateral diversion boxes, a statement acknowledging the existence of the buried irrigation pipe running along the westerly property line, and show the approximate pipe location on the plan view. 5. The proposed driveway connections to West 38"' Avenue will cross the existing irrigation ditch. Include a detail of the ditch crossings with sufficient information to properly construct, e.g., the pipe size, type, and grade, pipe bedding material, the type of fill to be used, and the driveway material (concrete, asphalt), etc. 6. The parcel appears to historically drain easterly and northeasterly into the existing irrigation ditch. Any developed runoff anticipated to enter the existing irrigation ditch will require written approval from the irrigation ditch company. Depending on the response by the ditch company, an alternative to the current proposed Drainage Plan may need to be implemented. 7. Prior to approval of the project by the City, written approval from the irrigation ditch company shall be obtained regarding any proposed change(s) to the ditch. 8. More erosion control is needed, e.g., silt fencing along the easterly property line of the site, and protection for the irrigation ditch. 9. Include details for all erosion control items to be utilized. 10. Include a Note on the Plan stating, "Additional erosion control measures may be required during construction and shall be installed within 24 hours or within the timeframe as set forth by the City Inspector. " 11. Please revise Note 7 per redlined comments. 12. Cross-sections A-A and B-B shall be shown (to scale) on the Drainage Plan. 13. Show proposed grade percents for the site. Grades between the buildings and where sheet-flow is to occur may be approximated. More precise grades shall be shown for drainageways (such as swales) to be constructed. Please return all redlined documents with the next submittal. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Travis Crane, Planner File PMWO Gardens (1190OW 38th) - reviml.ltr MARTINIMARTIN LETTER OF TRANSMITTAL Consulting Engineers To 12499 West Colfax Avenue Lakewood, Colorado 80215 >ea e Date ~ ~•os 303.431.6100 Phone t~m~yy~'/ irr~i7 Job No. 303.431.4028 Fax ja0 zq~ Job Title Britton Evans bevans tai martinmartin.com G GQ QJGt~3 aj Attention J~a ,'s G ✓dY/G We are sending you the following items: /attached ❑ under separate cover via A"*1441'1 ❑ shop drawings reproductions / originals ❑ specifications ❑ copy of letter ❑ change order ❑ samples ❑ copies description date no. kete-0 a✓va/- low 3e5" Wye These are transmitted ❑ for approval /as requested ❑ reviewed ❑ ❑ for your use ❑ for review and comment ❑ for your record ❑ after loan to us Remarks to MARTIN /MARTIN w~CONSULTING ENGINEERS January 7, 2005 City of Wheat Ridge Community Development 7500 West 291, Avenue Wheat Ridge, Colorado 80033 Attn: Travis Crane Re: Community Development Referral - MS-04-12/Schneider-11900 West 38`h Avenue Dear Mr. Crane, On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc. acting as the District Engineer, offers the following in response to the referenced Community Development Referral dated December 23, 2004: We have the following comments that should be addressed prior to City approval related to this referral: The proposed subdivision is not within NWLSD. If the Developer desires sanitary sewer service from NWLSD, (1) the subdivision will need to be included into the District, (2) verification of serviceability/capacity by the developer/applicant will be necessary, (3) the sanitary sewer main shall be constructed within West 38'h Avenue along the full frontage of Lots 1-3 to within 10 feet of Lot 4 frontage. There is existing sanitary sewer infrastructure to the east and south of the parcel within Tabor Court and West 37`x' Place, respectively. The developer/applicant shall follow NWLSD requirements related to District design, fee deposits and construction bidding for the main extension. Appropriate tap fees and process outline can be provided upon request. It is recommended that further investigation of serviceability be required of the developer/applicant including but not limited to elevation constraints of the existing sanitary sewer infrastructure in the vicinity of the proposed subdivision. The developer/applicant is advised to meet with Martin/Martin Inc. to discuss serviceability. Please call our office if there are any questions, Sincerely, Bill Willis, P.E. District Engineer Cc: Special District Management Services - Kammy Tinney Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: 23 December 2004 Response Due: January 12, 2005 The Wheat Ridge Community Development Department has received a request for approval of a 4-lot subdivision plat at the property located at 11900 West 38th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS-04-12/Schneider Request: Subdivide the property into 4 lots for the purpose of constructing 4 single family homes. The property is approximately 1.15 acres in size. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. I Case Manager: Travis R. Crane Voice: 303.235.2849 Fax: 303.235.2857 Email: tcrane@ci.wheatridge.co.us DISTRIBUTION: Water District Sanitation District Fire District Wheat Ridge Public Works Wheat Ridge Parks & Recreation Dept. AT&T Broadband Xcel Energy Qwest Communications Site "The Carnation City" v m cO~ORP00 The City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. LLL I, Dm iJ F SA'as~ 1 r tajw" C r of/with f,6osp4 C-,V-'4e,1,tS !J Bve~LbYr c ~o-uta (Print name) (Positio Job Title) (E tity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for mr rtorr S WL A,' Vi set for public hearing on (describe type of application) e k rLwc ff 1 -1 , 200'5'-, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. d Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this 17 day of F. I ru.4w 2005 , By. ~ i LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) 1 C.L.G ~ ' ddress ,3~6 6 Z l un~ l&-au~~ Phone303 -7qk-s72 State Oo to Zip t b03--5 Fax 'So3- 9SZ 6 f OwneraY'e We'~-/C- r,. De1✓e/o( Ad s 3 36 6 U,4, M CO L114- Phone 303-7fX-S7z: City(A) duo- State W Zip €o033 Fax3a"z•-tt56-768 Contact -b q vv l -F. Scxkh Address 3 fl- (l u uy~ C c, A- Phone !V3 - 7 4&-572 City lrl t t2' State do zip 808'31 Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request 4"L9-'C~o e003 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 19 Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: Required information: Assessors Parcel Number: Current Zoning: Current Use: s n a nnZ Size of Lot (acres or square Proposed Zoning: A Proposed Use: 3 i r\ g 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 ac ' with the knowledge and consent of those persons listed above, without whose consent the quested ac 'o c fully~e accomplished. Applicants other than owners must submit poi F from ch a Pd of this action on his behalf Signature o pplicant /iw✓ Z Suzanne Subscribed and sworn to me this ~µday of azt 20_O A. i Lucero jT^ ; 0.P0 Notary Pu tc Or"rr.1Q My commission expires OC o2G To be filled out by staff: ,I 1 /1 n / Date received Fee$1Sd0`geceitNo.CG6 0 Case No. MS-O`7-0- Comp Plan Desig. Zonis Quarter Section Ma Related Case No. Pre-App Mtg. Date _J. Case Manager Prospect Gardens Subdivision 11900 West 38th Avenue Wheat Ridge, Colorado 80033 22-Dec-04 General Information Current Zoning: R1-A Parcel Size: 1.153 ac 50224.68 sf Parcel Frontage: 349.57 If Parcel Dimensions: West boundary 117.24 ft East boundary 173.81 ft Rear boundary 345.10 ft Proposed Subdivision Number of Lots 4 Average Lot Size 12556.17 sf Frontage R1-A Below Lot No. (If) Req'd Req'd 1 96.23 75.00 Yes 2 86.10 75.00 Yes 3 86.10 75.00 Yes 4 81.14 75.00 Yes Lot Dimensions (ft) Total Lot R1-A Below West East Rear Area (sf) Req'd Req'd 136.62 150.55 85.00 12204.73 9000 Yes 150.55 163.38 80.00 12557.20 9000 Yes 345 47157.68 Average Lot Size= 11789.42 12%14/2004 17:34 3034691332 STUART LESNICK PAGE 01 FROM : FAX NO. : Ian, 05 2003 11:50PM P3 t~11fj1Q1'1l,Z~IOII tr0 ~V,~ ~Op sil jV1S~011 11900 West W Avenue Wheat Ridge, Colorado 80033 We, the undersigned, as current owners of the property located at 11900 West 3&'h Avenue agree to authorize Daniel R Schneider and/or his designated company to apply for a minor subdivision though the City of Wheat Midge for this property that he is currently under contract to buy. Ramer Sessions r' ti~..hrary ~-n, Ace/2 `U essions 27/ A Dawn Penland DEC.22.2004 3:43°M STUO NIIDE R ESCROW --NO.6592-P.2~ Security Title Guaranty Co, 1333W120thAvet/208 Westminster, CO 80234 Phone: (303) 452-3989 Fax: (303) 451-0251 Thank you far giving f is the opponunity to provide your closing and settlement Services DELIVERY TRANSMITTAL DATE: December 22, 2004 FILE NO.: 50023441, Amend. No. 2 PROP. ADDR.. 11900 W 38tb Ave, Wheat Ridge, CO 80033 OWNEWBUYER: Dawn M, Penland and Homer It Sessions and Alice J. Sessions / Prospect Gardens Development Group, LLC, Below is a list of clients to whom the attached mate ials have been delivered Should you have any closing questions regarding these materials, please contact Security Title Guaranty Co. at the above phone number. If you should have any title questions, please contact title operations at (303) 889-8300. Please review the attached materials carefully. Please Deliver To The Customers Listed Below Ttf Security Title Guaranty Co. A Bui fder Division North TTN" Jennifer Messer 1333 W 120th Ave # 208 PHONE: (303) 452.2989 Westminster, CO 80234 FAX: (303) 451-0281 E-MAIL; Imessera stgco.com 13 If checked, supporting documentation enclosed DELIVERY: ZMAIL i O: Dawn M, Pentand and Flome R NO. OF COPIES: 1 r . edsions and Alice J. Sessions DEL RY: M 11900 W 38th Ave NO, OF COPIES; I Wheat Ridge, CO 80033 ❑ If checked, supporting documentation enclosed 7477 Garland Street - "a l1\: sru Lesnick Arvada, CO 80008 PRONE: (303) 431-4545 FAk (303) 46NI332 E-MAIL: Irchecked, supporting documentation enclosed DELIVERY: DELIVER NO. OF COPIES: 1 DEC.22.2004 3:4?PM S?GCQ E ?EDER ESCROtiW~~-----W.6592-P.3_ 12@2'"I004 3:30:37 ranfJR F11e Nc.; 50023441, AlnemL Nu.2 Owner's Extended Coverage "OEC, COMMITMENT FOR TITLE INSURANCE ISSUED BY Security Title Guaranty Co. ASAGENTFOR First American Title Insurance Company INFORMATION The Title hvsurance Commmitment is a legal contract bettveen you and the comp,ay. we will shshowsows a in Title policy, olicy, y P a PNicy to yOU. "fhe policy will iustue on It is issued to showt}u: &uis on which against certain risks to the land title subject to Lpa (imitations The Company will givu you a %unple of the Polioy form, if yon ask. the d boat is based oil the land 1iUe as of the the Coranamnutttvnt rmd the Polley COmrnihnent D&ru. Any changes in the land title or the trensuctipn nniy affect The Cottunitrmnt is (abject to its Requimox is, Exceptions and Conditions. MIS MORHATION IS NOT OMENT VERY LTir, OFeICE.R1'. IF YOWL' "A E ANY VSTIONS ABUT COMCITMENT. YOU SHOULD THE COMM1116IENTAD E CONIVTACTAGT THE ISSUING OF$ICE. AGREEMENT TO ISSUE POLICY First American Title Insutunee Compnny; relbnred to in this acnmitmdnt as the Company, thtmt prks its agent Sacurlty Tole Gaanutfy Cc, rafmrod to in this Agreement as the Agent, moos to Issue a policy to you aocm ding to the terms ol'tl sf coonnit at S"trwnt. When we atitt, (he poliedot and yuur nitme as itu avrpased insured in Schedule A, this oumrtlihnent i>ecomus eftbctive as of the Coma7eh we how (hewn in n S Schohedule A. If the Aoquitcments shown in the Commitr our t have not been met within six mouths after the Commitment date, our obligation under this Cntnmitrasm will end. Also otu• obligation under this Commitment will end when the Polioy is issued and then Our obligation to you will be under the Polioy. Our obligation under this Cumtnitumnt is limited by the fiillowing: • The Provision, in &:heduia A. • Tht Regtthenvjnta in Sohedulo B•1. • The Exceptions is Schedule B•2. • The Disclosures std Conditions contajted in dais Cn • Eador,ement 130.3 (htflatiun) will be attached mmlttnant to the Owner's policy. Tats Cmarnittnent is not valid witlu>ut SCHEDULE A and Suctions 1 IA Fancily Residential land told 2 of SC'IIEDUL,E B atraclted, or if the loud is oilier disc tt , DEC. 22. 2004 3;44PM STGCO BUILDER ESCROW NO.6592--P.4__.__,___• 1 21227 0 04 330X niotjR Me No.: $0023441, Amcml. Nn, 2 CONDITIO:IrS l DEFINITIONS (a) "Mortgage" tneenis mortgage deed OfL'•u ff or other security instnurent. (b) "Public the 1,10 is tisane titlm record: d:at give Crn where the lurid is struo""e notice of rnatters %fliWinp the title according to stale huv loU.rted. {c) "Enid" means the land or condornin{um Unit described in property. SchUilrje A and say, hnpre3t;ments on the laud which are real 2. RJTE-RVHNN0 DEFECTS The ; b title eHereby ic,w cgs{fist Uses fir to ge byrea;ur. Of thei~a being rewrded any duods, InUn?gngas, his pendrns, lierin the or effective other ti[]eectivt Date ncuntbrauces which first appear u; 4te Public rmecrds sctasuquant to the c13'e[a.{ve Date, nfCpages li, P but , he,, Poorttr of Policy.. "Public foomds' as used bereft) nltrnns those records in which uuder areittlges, knowledge ledge liars or Its pe,ytons nmsl be recorded it order to ianpart u,nstrueii ntea, deed" 11,01?g . x noticm to puuchawrs of tile tend for value vhthour The Compswy does nut insure againin'Y inch loss or deunsge if the existence of yucJr deeds, mortgages, Its pandens, liens or other title e.ncumbr0nces is acn+aily known to the proposed unstated poor to o; mt'he film of Olosing, The closing is defined harmin as being the !ime of the execution and dcliyerv m the prnposad insured of the elocuvauts ercntirig the htteivst of the pruprsuci insured. EXISTING DEFECTS If any defects, liens or anoumin..cea existing at Commit Pent Dow ITS not shown in Sehedule )3, we nmy attlend Schedule B to show diem beIf 'we low du armed Schedule B to psir'ap9 show these clefeels, iicns or encumbrances, w•a shall be liable to yen ncauding to r+ph 4 below wiloss you lurew of tine i.Co.'avaliou find did )Ill ter[ 'Is thou[ it in writing. L NUTAT[ON OF OUR LIABILITY Our only ubligntion is to issthl to you the Policy referred to in this rCuinuritment, when you huge met its Rectuburnents, lfwa love any liability to you Sir arty loss yea incur because ol•an orror in this Colrrmitment mu liability wlh be limited le your! actual loss caused by your relying on this Commitment when you acted in good fitith to: ' comply with the RegUuremeuts shown in Schedule B - Section 1 or • elirt7imte with cUn• written consent any,Bxcepticus shown in Schedule B • Section 2. We shall not he liable for rrom their the Policy Amount shown in Schedule A of this Comtnibrncut and our liability is s ubjeot to the terms of the policy fenn to is isarod to you CLANIS MUST BE 8A.SIM ON THIS CpIv MiTMLNT ally chain,, whotaer fir nut based on negligence, which you my have against w eoueetning the title to the land must be Mused oil this Conunitn:m,t and is suhject to its luaus, DIS CL~ OgLlgirS - SPECY L T,~xrNG bIS7lLIC7 iYU7ICE The subject trend may be Urea*.ad in a specie! [axhtg d,s[rict; x certiiicnro of taxes due listing maO1n taxing xGeduti slink be obtained H•rm the u».wty lien. or the county treasura¢s uurarn•irrcl agent; curd infotmwtion regetrdntg speLial disaiOt3 and the hrandarims nl'suelt di.Hricts nmy be obtained ti•om the board of county onnmilscsioncns, the county cledt and recorder, or the countyassossor. PR ICY PROMSEFORC ST~ 06E~ We will not Nyeel nonpublic Parsorr,; inlbrnlation to any extua,al noll,illliauad or auiaat{on unless we have the custvrtter, or we required by law, g been atdhorieed by COIXS[!U-R MC s1RAT701\ BTATEA4E This Cutrmlitnuat fur Title Iaewauice nv,y include r Schedule B exception reference to rpeorded e,ddence that a mineral estate has been sevond, leased fir Otherwise conveyed ftm the surface ostate. 1: such referencm is made, there Is a sub nsfulial likelihood that n third party holds some or all interest is oil, gas, other minerals or geothernrl energy in the propeUty. abo refewrrce,d rntternl at4ate may include the, right to enter and use the property without the surtho" estate cover's pol•misslrn You rosy be able to obtain title insurance: coverage regarding airy such referenced mineral e6tetb severance mid its afTect upon your ownership. Ask your! title ecnnpiny represeauative for! amistance with this issue. DEC. 22, 2004 3:44FM STGCO SULDER ESCROW-" ----NO. 6532- r- Security Title Guaranty Co. 1333 W 120th Ave k 208 Wesnninstor, CO 80234 Phone: (307) 452-2989 Fax: (303) 451-0281 CbibgMITMENT SCHEDULE A Commitment No: 50023441, Amend, No. 2 1. Commitment Date: December l4, 2004 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a) Extended Owner's policy $ 350,000.00 Prospect Gardens Development Group, LLC, (b) Loan Policy 1 262,500.00 Citiwide Banks, its successors and/or assigns $ 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Dawn M. Penland formerly know as Dawn M. Sessions and Homer R. Sessions and Alice J. Sessions 4, The land referred to in this Commitment is described US follows; See Exhibit A attached hureto and made a rare hereof, (for informational piuposes only) 11900 W 38th Ave, Wheat Ridge, CO 80033 PREMIIIM, Lenders Coverage $ 140,00 Owners Coverage $1,411,00 Tax Certification 30.00 Point 100 40.00 Form 140.1 40.00 12/22/2004 3 3 0:43 mof JP, DEC, 22, 2004 3:45W STGCG BUi~)ER ESCROW- -------NC. 6592-P 1a^:snnnn3:sos.>~rrn 7ilc Nc.~ S11012441,.+mcn11. Vu l EXhkit.q Beginning at a point on the West 1iue,of the NE1/4 of the NE 1,14 of Section 29, Township 3 South, Range 69 West of the 61" P.M. from whence the Southwest comer of said NE U4 of the NE1/4 of said Section 29 bears South 0°29' East 961.60 feet; thence North 89140' East and parallel to the South line of the NE 1/4 of the NEl/4 of said Section 29, 345.10 feet, thence North 0°29' East, 173.81 feet to the South line of Prospect Avenue; thence South 80°21.3' West 349.56 feet to a point on the West line of the NEli4 of the NEl/4 of said Section 29; thence South 0°29' East along the West line of the NEll4 of the NEIA of said Section 29, 117.24 feet to the point of Beginning, Coto'ity of Jefferson, State of Colorado. DEC-22-2004 3:45PY STGCO RUI'~DER. ESCFUPi 6592 F. ~ 7~ 12"22/2064 3:30:37 mof rR Form No, 1344-81 (m-8g) 1~ireNo.- 3t1023a41,.1uee4Nn.2 ALTA Mtn Iawguaye Cnnnnitment SCHIE➢ULE $ - Section I Requirements The following requirements must be met: a• Pay the agreed amounts for the interest in the land andim for the mortgage to be insured, b. Pay us the premiums, fees and charges for tite policy. C Obtain a certificate of taxes &ue from the county treasurer ar the county treasurer's authorized agent, d. Provide us the "Affidavit and Indemnity' signed by the parties listed in Paragraph 9, Schedule A of this Cornn2ihnemt and notarized. (The form Kill be pro. ided at closing by the Agent.) The Agent slroust tru conduct the closing of.' the executed instrume transaction to be insured under this Commitment or properly nts creating the estate or interest to be insured must be delivered to the Agent issrliug the Cotntnihrxnt within 24 hours of the closing, f The following documents satisfactory to us Must be signed, delivered and recorded: I. Warranty Deed sufficient to convey the fee sitt4rla estate or interest in the Ia..d describe referred to herein, to the Proposed Insured, S chedcle A, Item 2(a), d or 2. Deed of Trust sufficient to encumber the fee simp,e estate oz• interest in the land described of referred to hereni for tire benefit of the Proposed Insured, schedule A, Item 2 b. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE. SELLER SHALL 13F REQIMMD TO COMPLY WITH THE DISCLOSLNE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NO? RMsIDENT WITHHOLDING). DEC. 22 2004 3:46PM '3T60 BUILDER ESvROW 6592_...P, 3 12!2V2004 3:30:37 wf 1R Farm No, 1344-$2(C0-88) fi1a No.: SU023441,Amun A,Nu.2 ALTA Ptnin Lmip,p commitetegt SCHEDULE B _ Section 2 Exceptions Any poiley we issue viii have She following exceptions unless they are taken care of to our satisfaction: l Any and all unpaid taxes, assess,nerus and tmfedeemed tax sales, Any water rights or claims or title to aster, in, on or imder the land. Any existing leases or tenancies. OWNER'S CERTIFICATE WE, PROSPECT GARDENS DEVELOPMENT GROUP, L.L.C., BEING THE OWNERS OF REAL PROPERTY CONTAINING 1.153 ACRES DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 29; THENCE S. 00' 45° 40- F. ON AN ASSUMED BEARING, ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 1,323.39 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N. 89' 23' 50" E. ALONG THE SOUTH LINE OF SAID NORTHWEST ONE=QUARTER A DISTANCE OF 1,332.57 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE N. 0' 42' 41" W. ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 961.80 FEET. TO THE TRUE POINT OF . THENCE N. 89' 25' W E. PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 345.10 FEET; THENCE N. 0' 42' 41" W. PARALLEL WITH THE WEST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 173,81 FEET TO THE SOUTH LINE OF PROSPECT AVENUE; THENCE S. 80' 07' OZ" W., 349.57 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 29; THENCE S. 0' 42' 41" E. ALONG SAID WEST LINE A DISTANCE OF 117.24 FEET TO THE TRUE POINT OF BEGJNNINQ. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF PROSPECT GARDENS SUBDIVISION. PROSPECT GARDENS SUBDIVISION. A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, . STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. OWNER: PROSPECT GARDENS DEVELOPMENT GROUP, L.L.C. DANIEL F. SCHNEIDER, MANAGER STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) Case No.: MS0412. Quarter Section Map N App: Last Name: Dan Scheider Related Cases: App: First N ame: Prospect Gardens Dev. Case Histor y: Owne r: Last Name: 1 prospect Gardens Dev. Owner: First Nam e: App Addre ss: 866 Union Ct. Review Body: City, State Z ip: heat Ridge, CO 80033 App: Pho ne: 03-748.5725 APN: Owner Address: 5 ame 2nd Revie w Body: City/St atetZip: r- 2nd Review Date Owner Phone: ame Decision-making Body Project Address: 11900 Appro val/Denial Date: Street Name : Pest 38th Avenue City/State, Zip: heat Ridge, CO 80033 Re so/Ordinance No.: Case Disposition: Project Planner: Crane File Lo cation: ctive. Not es: Follow- Up: o.: ',,,NE29 _ -lot minor subdivision with edications PC 9.291-00-002 CC CC Conditions of Approval District: III Date Rec eived: 12/22/2004 Pre-App Date: 12/912004 CITY OF WHEAT RIDGE 12/23/04 10.12 AM cdb DANIEL SCHNEIDER RECEIPT NO.C018590 AMOUNT FMSD ZONING APPLICATION F 1,200.00 ZONE FMSD ZONING REIMBURSEMENT 300.00 BEIM PAYMENT RECEIVED AMOUNT CK 5993 1,500.00 TOTAL 1,500.00 WHEAT ti u m CO ZORN 0 Wheat Ridge Community Development Department PRE - APPLICATION MEETING SUMMARY Meeting Date: December 9, 2004 Attending Applicant(s): Dan Schneider 3866 Union Court Wheat Ridge, CO 80033 Attending Staff: Meredith Reckert, Travis Crane, Dave Brossman, Jeff Hirt Address or Specific Site Location: 11900 W. 38 Avenue Existing Zoning: Residential -One A (R -1A) Existing Comp. Plan: Single Family Detached Residential (Not to exceed 4 du's per acre) ApplicanUOwner Preliminary Proposal: Subdivide and develop approximately 1.2 acre property with four single family lots. Will a neighborhood meeting need to be held prior to application submittal? No Planning comments: This application will take the form of a minor subdivision with right -of -way dedication. This will require public hearings in front of Planning Commission and City Council. The City Council will review the plat and accept the dedication of the public right -of -way. An escrow will be required for the cost of constructing public improvements along 38 Avenue for the frontage of this site. The escrow will be held by the City for the pur ose of constructing these public improvements. The City anticipates improvements to 38 h Avenue extending from Kipling to Youngfield. The City will require the dedication of a 10 foot wide strip of right -of -way on the south side of 38 Avenue. This dedication must be shown on the subdivision plat. Setbacks for the structures will have to be adjusted accordingly with this right -of -way, dedication. 11900 W. 3e Avenue Pre - Application Meeting Minutes If there are to be any variances requested from applicable development standards for these lots, the variance applications can be processed concurrently with the subdivision plat. However, staff recommends that the variance requests take place after the subdivision process is complete and the new lots have been established. Any fencing must adhere to the City's standards in the Code of Laws. Decorative, open - type fences (at least 80 percent open) may be permitted up to six feet in height within minimum required front yards. For example, this would likely allow for an open type of ornamental iron fencing as high as six feet along 38 Avenue. Solid fences in excess of 48 inches are not allowed within minimum required front yards. Staff feels it would be beneficial if the applicant works closely with the engineer preparing the plans throughout the process. This would likely minimize unnecessary delays in the process such as resubmittals and associated resubmittal fees. As the applicant is not the property owner at this time, a power of attorney or some written verification from the property owner will be required for any land use applications. This written verification must state that the applicant has the property owner's approval to make the specific request. A park land dedication fee will be required. Per the Code of Laws Sec. 26 -421 (D) at the time of subdivision for new residential development the City will require a park land dedication. This can take the form of dedication of a portion of the total site acreage, or a fee in lieu of dedication. This application will require a fee in lieu of land dedication. This fee is calculated based on total acreage, assessed value of the property, and the number of units proposed. This fee must be received prior to issuance of any building permit (at the latest). It was expressed that joint access (resulting in two access points) for the four lots would be acceptable. A joint curb cut that serves two properties cannot exceed 45 feet in width. All development standards for the R -1A zone district must be met for the structures to be on the properties. Public Works comments: See enclosed public works requirements. Building comments: Not in attendance, comments will be made after receiving submittal package. Streetscape /Architectural Design comments: None 2 11900 W. 3e Avenue Pre - Application Meeting Minutes Other comments: The next step in the process is to submit an application for a minor subdivision. Once an application has been submitted, a 15 day referral period will begin. During this time, outside agencies are given a chance to review the proposal and send comments to the Community Development Department. After the referral period has ended, a list of required corrections will be sent back to the applicant. Please be aware that it may take several resubmittals. After all required corrections are made, a Planning Commission date will be set. The application will then be reviewed by the Planning Commission at a public hearing. Once a recommendation by Planning Commission has been made, the plat will be forwarded to City Council for final action and acceptance of the public right -of -way dedication. Phone Numbers Meredith Reckert — Senior Planner 303 - 235 -2848 Travis Crane — Planner 303- 235 -2849 Dave Brossman — Development Review Engineer 303 - 235 -2864 Jeff Hirt— Planning Technician 303 - 235 -2845 Chad Root— Building Official 303 - 235 -2853 100 200 Feet CITY OF WHEAT RIDGE 12/0 3/04 1.06 PM cdu K5D Properties LLC RECEIPT NO:CO18451 AMOUNT FMSD ZONING APPLICATION F 200.00 zone PAYMENT RECEIVED AMOUNT CY 2074 200.00 TOTAL 200.00 Narrative of the Proposed Prospect Gardens Subdivision (currently 11900 West 38"° Avenue) Wheat Ridge, Colorado November 30, 2004 The property located at 11900 West 38` Avenue is 1.153 acres in size. The parcel is currently zoned Rl -A. The new buyer, Prospect Gardens Development Group, Ltd. Is planning to subdivide the property into 4 lots which meet and in most cases, exceed the minimum setbacks, lot frontage, lot size and other Rl -A requirements set forth in the subdivision regulations. Each lot will have a single family home on it when fully developed. My concern for reducing the number of access points to the property has lead me to design a "shared driveway between each tow properties which will reduce the number of access points on 38` Avenue to 2 instead of 4. Given the fact that 38` Avenue is a collector, I have also provided for a minimal entrance and turn around feature where the property ingress /egress points will be located. There will a landscaped sound reduction berm along the 38 "' Avenue property frontage that will discourage entry or exit from the property at other than the designated to drives. Construction on the property will be single - family residential consistent with the existing neighborhood. Public utilities are available in West 38 Avenue and fire protection is near with a fire hydrant located directly across 38` Avenue near the north western property corner. The subdivision will be designed to comply with all applicable zoning and building requirements set forth be the City of Wheat Ridge. Thank you for your time and consideration of this project. Please contact me at 303 - 748 -5725 if you have any question concerning the proposal as set forth. I have attached a to -scale site plan for your review. Manager Attachment Prosoect Garde Subdivision 11900 West 38th Avenue Frontage Wheat Ridge, Colorado 80033 Below 24- Nov -04 (If) General Information Req'd Current Zoning: R1 -A Parcel Size: 1.153 ac 50224.68 sf Parcel Frontage: 358.00 If Parcel Dimensions: Yes West boundary 117.24 ft East boundary 173.81 ft Rear boundary 345.00 ft Proposed Subdivision Number of Lots 4 Average Lot Size 12556.17 sf 345 50173.8 Frontage R1 -A Below Lot No. (If) Req'd Req'd 1 95.99 75.00 Yes 2 86.68 75.00 Yes 3 86.68 75.00 Yes 4 81.02 75.00 Yes 345 50173.8 Lot Dimensions (ft) Total Lot R1 -A Below West East Rear Area (sf) Req'd Req'd 117.24 131.00 95.00 11791.4 9000 Yes 131.00 148.00 85.00 11857.5 9000 Yes 148.00 161.00 85.00 13132.5 9000 Yes 161.00 173.81 80.00 13392.4 9000 Yes 345 50173.8 City of Wheal Ridge Department of public Works December 9, 2004 PUBLIC WORKS DEPARTMENT (303) 235 -2861 7500 WEST 29` AVENUE WHEAT RIDGE, CO 80033 Fax (303) 235 -2857 Pre - Application Meeting Dan Schneider's Development (11900 W. 38" Avenue) Public Works Requirements 2 Copies of the following shall be submitted for review: 1. A Final Drainage Plan showing the existing conditions, e.g., grades, spot elevations, the historical runoff flow amount and direction, etc., and well as the proposed developed grades (grade breaks, etc.), and the developed runoff amount and direction (organize in a table). A Letter stating that the proposed development will be constructed in such a manner as to minimize any negative impact on the adjacent properties shall also be submitted. Both the Plan and the Letter are to be signed and sealed by a Professional Engineer. 2. Grading & Erosion Control Plan (signed and sealed by a Professional Engineer). 3. Engineer's cost estimate to be used to escrow for the required public improvements along the subdivision frontage. Estimate shall include: a detached 5' sidewalk, 6" vertical curb & gutter, 9" asphalt patching/or lane construction). 4. Site Plan which shall include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system -see 4. below). f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado. g. A scale and north arrow. h. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100 -year floodplain, if applicable. j. Existing and proposed contours at 2 -ft intervals. k. Adjacent street(s), including Right -of -Way width(s), name(s), ROW centerline(s). 1. Location of all existing & proposed easements and rights -of -way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 4. Final Plat: 2 - 24 "X36" Final Plat hardcopies, plus a CD -ROM containing the Final Plat in an AutoCAD® .DWG format. City-based bearings /coordinates shall be used per Section 26- 407 -D -6 of the Municipal Code of Laws (please see Note 2 below). Additional Requirements: Proof of Ownership for the property, e.g., Warranty Deed, Title Commitment, etc If the proposed area of development is greater than 1 acre, an NPDES Permit shall be required from the State of Colorado (CDPS permit). This permit is issued through the Colorado Department of Public Health & Environment, Water Quality Control Division. (12 -9-04) 11900 W38th Ave (Dan Schneider) NOTES 1. A CD -ROM containing the City's Street Construction Standard Details in AutoCAD® 2000.DWG format is available at the City of Wheat Ridge Department of Public Works for $40.00. 2. 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