HomeMy WebLinkAboutWS-01-01City of
l Wheatdge
PUBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857
October 22, 2009
Linda Stengel, Accounting Supervisor
Re: Release of Escrows
Dear Linda,
This letter is to inform you that the required public improvements for the following referenced
projects have either been completed & accepted by the City of Wheat Ridge or the time
limitation for the escrow has expired. As a result the monies held in escrow for the following are
hereby released by the City of Wheat Ridge as stated herein:
1. Release to: BSG Development, LLC
2750 S. Wadsworth Blvd, Ste D-201
Denver, CO 80227
Account Address: 3701 Eaton Street, AKA 37th Ave. & Eaton Street)
Escrow Amount: $ 4,292.63
2. Release to: S & B General Contractors, Inc.
4930 Ingalls Place
Wheat Ridge, CO 80033
Account Address: 6080-6090 West 49th Place
Escrow Amount: $ 3,000.00
Please note the Developer's addresses above were as of the time of development:
• The address from BSG Development, LLC was from the escrow check written in 2002.
• The address from S & B General Contractors, Inc. was taken from the original deed for
the property at 4930 Ingalls Place, which was later developed into 6080-6090 W. 49th
Place (a duplex). James Sittner, who resides at 6080 W. 49th Place, may have been the
Developer (the S in S & B General Contractors, Inc.).
Please call me at 303.235.2860 if you have any questions.
Sincerely,
Tim Paranto
Director of Public Works
CC: Steve Nguyen, Engineering Division Manager
File
www.ci.wheatridgexo.us
LANE ENGINEERING SERVICE, INC.
A PROFESSIONAL CORPORATION
9500 W. FOURTEENTH AVE. • LAKEWOOD, CO 80215-4716
STEVEN D. LISTER TELEPHONE: 303-233-4042 RICHARD M. ROMBERG
Professional Land Surveyor FAX: 303-233-0796 Professional Engineer
EMAIL: LANEENGR@AOL.COM
December 20, 2005
Mr. Ed Kaufman
BSG Development, LLC
VIA FAX: 303-255-9397
RE: Riley's Roost 37th and Eaton conformance to Drainage Requirements.
Dear Mr. Kaufman:
We have gone to the site and have surveyed the existing pond as of December 19, 2005. The volumes of
the pond meet the required storage volume as determined in the original approved drainage report. The
channel on the north side of the property has a liner in it to help avoid the erosion until it can be seeded
in the early spring. The emergency overflow structure has been built and bacldilled up to the necessary
heights.
It appears that the completed construction for the drainage will meet all of the criteria set forth in the
original drainage report. All questions based on a letter dated July 5, 2005 have been addressed and are
now in conformance.
On the following sheet you will see a copy of the record drawing.
Sincerely yours,
44t,Nj A4 49-.
Richard M. Romberg P.E.
RILEY'S ROOST RECORD DRAINAGE DRAWING
100 YR EL=22:88
FLOW LINE FROM ADJOINING
PROPERTY TO EAST
SPILLWAY
EL=23.4E
Ir~~ I
INV. ELEV. 24.53 OF
PIPE FROM ADJACENT
PROPERTY
I I
I POND VOLUME REQUIRED
1228 CU FT
POND VOLUME PROVIDED I
1325 CU FT I
I LOT 6
I
I
I
I
L - -
r - _
SCALE 1"= 30
- J
ACTUAL POND VOLUME CALCULATIONS
CONTOUR
AREA
VOLUME
ACCUM
20-
47.5
- VOL
INTERVAL
1
147.53
21
279.81 -
147.53
INTERVAL
1
389.58
-(22:
510.86-
537.12
INTERVAL
1
787.61
+ 23:::
1101.74
1324.72
INTERVAL
0
0.00
23 -
1324.72
INTERVAL
0.00
1324.72
INTERVAL
0
0.00
- -
1324.72
INTERVAL
0
0.00
1324.72
INTERVAL
0
0.00
TOTAL VOLUME
1324.72
14
G\PPn IFCTS\BP40-A
-These calculations are based on the
following formula used at each contour
interval.
V = H13 X ( (A1 + A2) +(SQRT(A1* A2)))
(THE VOLUME OF A FRUSTRUM OF A PYRAMID)
POND VOLUME DESIGN
A - 1324.72: 1228
100YR. ELEVATION = 22.88
PREPARED BY: LANE ENGINEERING SERVICE, INC.
9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215 DECEMBER 20, 2005
TEL: (303) 233-4042 FAX: (303) 233-0796 PROJECT NO. B240-1
s Built\dwa\RECORD As-Built\B240-1 RECORD-POND.dwo 12/20/05 01:26:41 PM MST
®bank®
120th & Huron
801 West 120th Avenue
Westminster, CO 80234-2718
720 872-7700
720 872-7739 fax
City of Wheat Ridge
David S Brossman,
This letter is to inform you of the available credit limit for Edward J. Kaufman.
Edward has an unsecured line with US bank and as of now there is plenty of room
available for the $4292.63 to be secured. This line will be open for the length of the
proj ect over the next two years. if you have any questions please contact me.
Joshua Williams
City of Wheat Ridge of ""EgrR
Community Development Department m
Memorandum ~OCORpO~
TO: Accounting, Address File
FROM: Travis Crane, Planner
SUBJECT: Escrow for Public Improvements/Riley's Roost Subdivision
DATE: 8 April 2005
BSG Development LLC ("Developer") has submitted a check in the amount of $4,292.63 (attached)
for the warranty of public improvements installed adjacent to the Riley's Roost Subdivision. The
Developer installed curb, gutter and sidewalk at 37a' Avenue and Eaton Street on the southern edge
of the subdivision (see attached plat).
Typically, the City would receive an escrow for 125% of the value of the required public
improvements prior to construction. In this case, the Developer installed the public improvements
without this security. Therefore, the Public Works Department has required an escrow in the amount
of 25% of the value of these public improvements for a two-year warranty period.
The City shall hold these monies in security until 8 April 2007. If, upon inspection by the Public
Works Department, the public improvements are found to be in acceptable condition, $4,292.63 will
be returned to the Developer. If a deficiency is noted by the Public Works Department, some or all
of the monies may be retained by the City for correction of said deficiency.
BSG DEVELOPMENT, LLC
2750 S WADSWORTH BLVD STE D 201
DENVER, GO 80227
/es-
DATE
1117
82-370/1021
63
PAY TO THE C~✓`1 ~/Z ~~jCy/I-l ~L~}P I $ 72/2 xr
ORDER OF
~'Ok /A,`I ! (//J(iw~OlyBJi / ~2✓U / d~y DOLLARS 8 d..
1101 ft~O -830&619O
O~I~MJ /Loo-rT
w
r;
~~`Frs83sa5 io-io-aoo~- ios3~3~ 1
RILEY'S ROOST SUBDIVISION
A PORTION OF THE NORTHWEST ONE-QUARTER
OF SECTION 25. TOWNSHIP 3 SOUTH, RANGE
CITY OF WHEAT RIDGE, JEFFERSON COUNTY,
- FINAL PLAT
N DMIER NORTHEAST ";6-
AaNGE
3 i/2•. BRA54 CM IN
RDlMT:'WON LS 28279
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WF"T
tils 1
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OF THE NORTHEAST ONE-QUARTER
69 WEST OF THE 6TH P.M.
COLORADO
S 89_4207-E 26".15'
HE
I COMISRBRASSNORTHEUPASTA WARE
3 /2" IN
POINT BOX LS 26279
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LOT 8 A.E. ARDERSM SUBDIVISION
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PAID 20MING
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LOT 9 A.E. ANDFA9011 SUBDIVISION
O(6 PAGE 28
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LOT 10 A.E. ANDERSON SUBDIVISION
3' UTILITY AND
3101
PAGE 26
S."
_EAEEpIT SEE iE
1 ][1 M'
PRO
SUBDIVISION aF eEOirliroli 1 - - - -
0A~" LOT i EVFLTN SUM IVISIOM uI
' 11 3T 12QM ENO PAGE 49
~OC.~O~ \ oT ~,•f
pv~ic. ~•,~Qrav~e/r►•ontS
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1322.75
M 90-00 WE 2645.49'
SSE 0QRNWR TH
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V ICIE@ MAR LS 13212
u.-..,-.. T LIE
1/
SCALE I'• SM'
PASFCROYa
N
THE
E
W
AND
TREET
CITY T/ iL CERTIFICATION
APPROVED THIS . BAY O _!?M LRRW2. BY THE TREAT RIDGE CITY
COVMCIL.
ATTE
CI ~CLERR WYO
r. Y
PLANNIMO COMVTiTi S10N CERTIFICATION
MMO~ED-THfR 1~ DAY OF 4. 2002, THE WHEAT 911PRE
2YNIMG COIWISSION.
AN" BEYELOPNENT DIRECTOR CHAIRMAN.
DIRE Di PUBL WORa~
Aiii SURVEYORS CERTIFICATE:
i, STEVEN D. LISTER. DO HEREBY CERTIFY THAT THE SURVEY OF THE
i0U1DMT OF R: LEY'S ROOST SUBDIVISION WAS LADE WIDER BY
SUPERVISION, RESPORSIBILITY AND CHECKING WRING FEBRUARY. 2001 AND
TO THE BEST W W KNDWLEOLIE. IW TION Ab BELIEF AND IN
AFT FDITIONN0 AMENDED~AND THE AACCOWAN'tMONP TEA=RAnLRYEVI50
REPRESENTS SAID S4N101Y. GUIS
A E~
T , -{DA2
NOTICE:
RCCONDIW TO COLORADO LAW YOU MUST COMMENCE ANY LEQAL ACTION
FIRSTT DISSCCOVANY ER SUCH DEFECT IN SURVEY VENT WIT ACTION BASED UP" YOU JUNT ANY DEFECT IN TNIS SURVEY BE COMMENCED WE THAN TEN YEARS FAN
THE DATE OF THE MItTIFIWIM SHOWN HEREON.
WITNESS MY HAND AND OFFICI AL
W CORI1issim EXPi 2L_
NOTARY SEAL
NOTARY PUBLIC
ormommosom
DATA DART
NW9ER BEARiNO
DISTANCE
L
1 S 89'"'35"E
B."'
L 2
3 WAS'3S'E
20.00"
L 3
N DO'M"03'E
25.00
L {
5 0000'0
25.00'
L 5
M 89'""35'E
20.00'
L 8
N 74.111 S8'E
21.07-
L 7
9 00'DO"O3'E
10.97'
PROJECT KWO•1
PRE ED 1/04/2002
REVI SO 11 I5/2WO2
MY 690 1122120M
REVISED 310111 PIBAR® BT. LAlE EPofsBm SERI ACE. IC
REVISED 4/O6/ 9300 Ws'A NTH AbEAE IJYETpCfl, ffiCO 2 6T1~'
REYISEp 5/DI /2002 TEL LTD31235.IOA2 MLi00 06
7•llF
1. S/S INCH OIAAETER RE6AA WITH CAR STAMPED 'LYE END SAW HNC 16637'
SET AT POINT SNORII TIDS:O
2. THE BASIS FOR THE MARIMBA 3HOWN W TIE GRAPHIC PORTION OF MIS
PLAT IS THE ASSUMPTION THAT THE SCLRX LINE OF THE NORNEAST
ONE-QUARTER OF 3ECT1014 25 BEARS 0.90-011
3. TER FOOT (10') WIOE EASEIENT6 ARE NEARBY (GRANTED ON PRIVATE
PROPERTY AOJACEW TO ALL PUBLIC STREETS AND FRONT AND REM
PROPERTY LINES OF EACH LOT IN TIE BI fVISIM OR PLATTED AREA. FIVE
FOOT (S') WIDE EASEMENTS AM HEREBY GRANTED OM PRIVATE PROPERTY
ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR
PLATTED MEA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION,
MAIWEWNCE. AND REPLACEMENT OF ELECTRIC. GAS TELEVISION CABLE.
DMIN"E AND TELECOWMICATIOMS FACILITIES. UTILITIES SMALL ALSO BE
PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS
IN TIE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SMALL
NOT BE PERMITTED WITHIN BAND UTILITY EASEMENTS.
NO VEHICULAR ACCESS SHALL SE PEtl11 TIED FROM REST 37TH AVENUE
FOR LOT A.
S. TRACT B SMALL BE AN INGRESS-EGRE9E ACCESS AND UTILITY EASEMENT
OCAS AND WIATtD SSHALL OWN AND C RAITT ASSOCIATION. , THE STTOW
WATER DOETENTION AREA
6. LOT B WY ONLY WIN VEHICULAR ACCESS FROM REST 37TH AVENUE.
T. PARKING IS NOT PERMITTED ON THE PRIVATE DRIVE.
S.TNE PRIVATE DRIVE SHOULD BE CLEARLY SIGNED AS FIRE ACCESS.
9. SIB INCH BRASS WAGNER STAMPED 'U 16837' SET AT POINT 9PORN THUII
10. TM OsscR, MIS SUCCESSORS AND MSIONS ORAHn LIMITED RIOMTS AND
PRI V$LEGO W ACCESS TO AND FREE MOVEMENT THROUGH THOSE AREAS
INDICATED AS 'CROSS ACCESS/tM ESS-EGRESS FASEYEWS'. AS
ILLUSTRATED WON THIS PLAT. SUCA GRANT OF EASEMENT SHALL BE
LIMITED TO THE OWNERS. TENANTS, C1ISTDERS AND TRESTS OF TIE
OI 3 AND SHALL FURTIERIDRE GRANT ACCESS TO AND FREE
AIOVEIIENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID
PROPERTIESFAND/ORMFROM ABU`TCIU PUBBLLCCSSTRREETS, ADJACENT
11,7
STORM MTENTIOM AREA HERE SHOWN AS TRACT A SHALL BE
C91gTRUCTED AND MAINTAINED SY THE O R AND SUBSEQUENT O 85,
HEIRS. SUCCESSORS AND 4531CAIS. IN THE EVENT THAT SUCH CONSTRUCTION
AND MAINTENANCE IS NOT PERFORMED AT SAID O . THE CITY OF
BEAT RIME SMALL NAVE TIE RIGHT TO ENTER SUCH AREA AND PERFORM
NECESSARY WORK THE COST OF WHICH SAID OWNER HEIRS. SUCCESSORS
AND ASSiNS AGFEES TO PAY. M BUILDING. FENhA OR STRUCTURE WILL.BE
COMTRUCEO IM THE OETEWIOM AREA AND ND CANCIES OR ALTERATIONS
WILL BEE MADE WITHOUT IC CIt OTTEERRISTICS DIP E DR O VIN AREA USLIC
WORKS.
12. THE CURRENT ZMING W TIE DESCAIBED TRACT IS R-IC
13. SLOCGw OF DRAINAGE SWALES ALONG THE HORMI Y AND
SOUTHERLY PROPERTY LINES OF LOTS 5 0 7 AND 8 BY SOLD FENCES.
LANUSCAP INS, OR OTHER PERMANENT STNUCIUhs is PROM SITED. _
CASE HISTORY ado
p,. r g
WS-01-01
CoF
COUNTY CLETO AND RECORDER6 CERTIFICATE
BBBNNI MIS DOCUMENT ACCEPTED FOR FILING IM THE OFFICE OF TIE COUNTY
DF JEFFEP60N COIHNTY AT SO.D OIIY10. ON
CLERKAt REC
7ARNFl➢.4OAT OF 2002. M. IN 8WK Lfll. AT PALE
C T NON AD. F3fyj.fl3
JEFFERSON COWTY CL AID RECORDER
BY:~ _
L(.Glllc
.
1-! SQFRED AS MIND OWES OF TXE REAL PROPERTY a 1.905
THE MORN 137.13 FEET OF THE EAST IALF OF THIS Wit QUARTER O
THE NOR.HWE6T WARTER OF TIE NORTFEAST OUARIER OF SECTION 25
E%CFIT THAT PORTIOM DESCRIMED IN RECEPTION NDIDER 32031512 OE THE
JEFFERSON C0t6RY RECORDS. TOGETHER 11TH ilE SOUTX 1 AQK d: THE
EAJT 2 ACRES %Z REST ON HALF NORTHEAST *HE QUARTER
NORTHRES? ONEER. NORT)EAST b!E-WARIER OF SECT m is.
TOWNSHIP 3 SOON. RA1XE S9 WEST OF THE ON PRINCIPAL MERIDIAN, CITY
OF WHEAT RIOG6, JEFFERSON "WHY COLORADO EXCEPT THAT PORTION 581
iAF THE KINGI BNOREI PARTICULARLYTDESCRIBED M FOLLOOWSFERSOM COUNTY RECORDS
STATE W COLORADO i2B
COUNTY MP JEFFERSON 1
THE FOlEGO~Pg I~N9TINYENT WM AC(NOREDCEO BEFORE 7X13
MY OF ~A-. 2062 BY STEVE KOMIL" AS OWNER.
SITE IMPROVEMENTS QUANTITIES WITHIN R.O.W.
RILEY'S ROOST SUBDIVISION
W. 37TH AVE. AND EATON STREET
WHEAT RIDGE, COLORADO
October 24, 2000
LIST OF QUANTITIES
PROJ. NO. K90-1
REM
NO
DESCRIPTION QUANTITY
UNIT
PRICE
TOTAL
WEST 37TH AVENUE
1.
Vehicle Tracking Pad 1
EA.
L. S.
$250.00
2.
Earthwork (Exc./Emb.) 5
C.Y.
$3.00
$15.00
3.
Mountable curb w/walk 137
L.F.
28.50
3,904.50
4.
Mountable curb 6
L.F.
8.00
48.00
5
Concrete curb cut/Driveway1
EA.
$1,600.00
$1,600.00
.
6.
HBP (6" Full Depth) in pl. 60
S.Y.
19.00
t)0
11-7,50
7
STORM DRAINAGE/POND
r
1.
Earthwork (Exc./Emb.) 2,552
C.Y.
$1.50
$3,828.00
2.
Concrete curb inlet, in pl. 1
EA.
1,000.00
1,000.00
3.
10" Dia. PVC, SDR 35, in pl.55
L.F.
35.00
1,925.00
4.
Concrete outlet apron wl
restrictor plate, comp. in p1.1
EA.
1,050.00
1,050.00
5.
Rock channel, comp, in p1.Job
TON
L. S.
800.00
6.
Concrete Vault (MH), in pl. 1
EA.
1,100.00
1,100.00
7.
Concrete overflow channel 8
L.F.
350.00
350.00
~
/v~ 053.0
PRIVATE DRIVE AND SITE
1.
Earthwork (Exc./Emb.) 940
C. Y.
3.00
2,820.00
2.
Silt Fence, comp. in pl. 925
L. F.
1.25
1,156.25
3.
Mountable Curb & Gutter533
L.F.
8.00
4,264.00
4.
HBP (6" Full Depth) in pl.697
S.Y.
19.00
13,243.00
5.
Seeding & Mulching in pl.550
S.Y.
1.50
825.00
TOTAL
$39,31875
Prepared by:
Lae Engineering Service, Inc
CkD
a~
-21)17.60
+-e a, 053.00
I'2'~ZO "50
Ci. Zs~ N12°12.10.3
Z11q&3,13
5 Nn~~ D 2 . r25~
Date
F'-9 R- L.o.c;
Z-Y2 c L7-tr
4J~D 0I` TSITE IMPROVEMENT QUANTITIES
J ~ cl~ 2`i2 .(03
SITE IMPROVEMENTS QUANTITIES WITHIN R.O.W.
RILEY'S ROOST SUBDIVISION
W. 37'" AVE. AND EATON STREET
WHEAT RIDGE, COLORADO
October 24, 2000
ITEM
NO
ESCRIPTION Q
LIST OF QUANTITIES
PROJ. NO. K90-1
UANTITY UNIT
RICE
OTAL
WEST 37' AVENUE
1.
Vehicle Tracking Pad
1
EA.
L. S.
$250.00
2.
Earthwork (Exc./Emb.)
5
C.Y.
$3.00
$15.00
3.
Mountable curb w/walk
137
L.F.
28.50
3,904.50
4.
Mountable curb
6
L.F.
8.00
48.00
5.
Concrete curb cut/Drivewayl
EA.
$1,600.00
$1,600.00
6.
HBP (6° Full Depth) in pl.
60
S.Y.
19.00
1,140.00
STORM DRAINAGE/POND
1.
Earthwork (Exc./Emb.) 2,552
C.Y.
$1.50
$3,828.00
2.
Concrete curb inlet, in pl. 1
EA.
1,000.00
1,000.00
3.
10°Dia. PVC, SDR 35, in pl.55
L.F.
35.00
1,925.00
4.
Concrete outlet apron w/
resbictor plate, comp. in pl.1
EA.
1,050.00
1,050.00
5.
Rock channel, comp. in pl.Job
TON
L. S.
800.00
6.
Concrete Vault (MH), in pl. I
EA.
1,100.00
1,100.00
7.
Concrete overflow channel 8
L.F.
350.00
350.00
PRIVATE DRIVE AND SITE
1. Earthwork (Exc./Emb.) 940
C.Y.
3.00 2,820.00
2. Sift Fence, comp. in pl. 925
L.F.
1.25 1,156.25
3. Mountable Curb & Gutter533
L.F.
8.00 4,264.00
4. HBP (6' Full Depth) in pl.697
S.Y.
19.00 13,243.00
5. Seeding & Mulching in pl.550
S.Y.
1.50 825.00
TOTAL $39,31875
t 2 5°Ja-F 011829.601
~g
I~8•~~
Prepared by
1
~ ,
5 tiny D2
Lane Engineering Service, Inc 0
Date
SITE IMPROVEMENT QUANTITIES
CITY OF WHEAT RIDGE
11/26t04 4:35 AM cdb
DZ Development
RECEIPT NO-CO18446
FMSD ZONING MISCELLANEOU5
zomi
PAYMENT RECEIVED
CK 1200
TOTAL
AMOUNT
40.04
AMOUNT
40.00
40.00
Aug-24-04 07:48P
FAX
To City of Wheat Ridge
Planning and Zoning
Attn: Travis Crane
Ref: Riley's Roost CC&R's
Phone
Phone 303
I CC
17
I REMARKS: ❑ Urgent ® For your review ❑ Reply ASAP ® Please Comment
Travis,
Per our meeting and your request, I am forwarding the CC&R's for your review and comments.
I have a made up and available should you want to review it as well.
E45 P.OIL
Thanks for r help.
I Date August 24th, 2004
Number of pages including cover sheet
FROM. BZ Development Inc.
Edward J. Kaufman
13490 Lafayette Ct
Thornton, CO 80241
Home 303 255-9307
tell 303 919-6331
Fan Phone 303-255-9397
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF
EATON PLACE
THIS DECLARATION, made and entered into this day of 2003, by
BSG DEVELOPMENT III, LLC, a Colorado Limited Liability Company, hereinafter referred to
as "Declarant".
RECITALS
Declarant is the owner of that certain parcel of real property located in the County of
Jefferson, State of Colorado, which is described as Lots 4 through 8, inclusive, together with
Tracts A and B, RILEY'S ROOST SUBDIVISION, ("Real Property"),
NOW THEREFORE, Declarant hereby declares that the Real Property, described above,
or any portion or tract therein, shall be held, sold and conveyed subject to the following
easements, reservations, restrictions, covenants and conditions which are for the purpose of
promoting the common recreation, health and safety and use of the owners of the aforesaid Real
Property, and which shall run with the aforesaid property and be binding upon all parties having
any right, title or interest in the above-described properties or any portion thereof, their heirs,
personal representatives, successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
1. "Association" shall mean and refer to Eaton Place Association, an unincorporated
Colorado Association.
2. "Declarations" shall mean and refer to this Declaration, as it may be amended
from time to time.
3. "Common Interest Community" shall mean and refer to the Real Property together
with properly interests that may be created through the Declarant exercising any Development
Rights and privileges of the Declarations.
4. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of fee simple title to any Lot, but excluding those having such interest merely as
security for the performance of an obligation.
5. "First Mortgage" shall mean and refer to any unpaid and outstanding mortgage,
deed of trust or other security instrument recorded in the records of the Office of the Clerk and
Recorder of the County of Jefferson, State of Colorado, encumbering any Lot or other portion of
the Real Property, having priority of record over all other recorded liens except those
governmental liens made superior by statute.
6. "First Mortgagee" shall mean and refer to any holder of a First Mortgage.
Zo'd d8b=L0 60-bZ-5ny
7. "Plat" shall mean and refer to that instrument captioned `Riley's Roost
Subdivision, Final Plat', recorded in Book 168 at Page 35 on October 10, 2002 in the records of
the County of Jefferson, State of Colorado.
8. "Utility Easements" shall mean and refer to those areas within the Real Property
specifically described herein.
ARTICLE II
ARCHITECTURAL CONTROL
1. During the term of these Declarations or any extension, amendment or addition
thereto, there shall exist an Architectural Control Committee, which shall consist of three persons
appointed by the Executive Board of the Association; provided, however, that until all Lots have
been conveyed to the first owner thereof (other than, Declarant), Declarant shall have sole
authority of the Architectural Control Committee.
2. No structure or any attachment to an existing structure, building, fences, walls,
canopies, awnings, television or radio antennae or dishes, roofs, exterior lighting facilities,
kennels, solar collectors, mail boxes, private utility lines, driveways, supplemental driveways, or
other similar improvements or attachments shall be constructed, nor shall alteration of the
exterior or structure of any improvements located within any Lot or change in the final grade be
performed, unless complete plans or specifications therefor (such plans and specifications
showing exterior design, height, materials, color, location of the structure or addition to the
structure, plotted horizontally and vertically, location and size of private fencing, walls,
windbreaks and grading plan) shall have first been submitted to and approved in writing by the
Architectural Control Committee. The Architectural Control Committee shall not be obligated to kr'("
create written architectural criteria but shall exercise its best judgment to the end that all such
improvements and alterations to improvements and property within any Lot shall conform to and `
harmonize with the existing surroundings, improvements located on other Lots, landscaping and
topography of the Real Property. In addition, the Architectural Control Committee may require
any applicant to provide a survey or staked locations, or both, of the location of the foundations
of any improvements on a Lot.
3. In addition to the other restrictions contained within this Article, no improvements
shall be constructed upon any Lot which are not residential in character and the livable square
footage of which is less than 1,200 square feet. All improvements which maybe authorized by
this Declaration or the Architectural Control Committee shall be completed within twelve (12)
months from the time of commencement of construction of such improvements.
4. The Architectural Control Committee shall approve or disapprove all plans and
submittals within thirty (30) days after complete submission thereof. In the event that the
Architectural Control Committee fails to approve or disapprove such plans and specifications
within thirty days after the complete submission thereof, approval shall not be required and this
Article shall be deemed to have been fully complied with.
5. A majority vote of the Architectural Control Committee is required to approve a
proposed change or improvement.
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6. The Architectural Control Committee and the members thereof shall not be liable
in damages to any person submitting requests for approval or to any Owner, by reason of any
action, failure to act, approval, disapproval or failure to approve or disapprove in regard to any
matter within its jurisdiction hereunder and all persons so submitting such required information
shall bear the sole cost and expense for all services and work required in preparation of such
submissions.
7. The Architectural Control Committee may grant reasonable variances or
adjustments from any condition or restriction imposed by this Article in order to overcome
practical difficulties and prevent unnecessary hardships arising by reason of the application of the
conditions and restrictions contained within this Article. Such variances or adjustments shall be
granted only in case the granting thereof shall not be materially detrimental or injurious to other
property or improvements within the Development and shall not militate against the general
intent and purpose hereof, nor shall such granting of any variance or adjustment be interpreted to
be a general grant or waiver on any other application which is subject to the provisions of this
Article.
ARTICLE III
EASEMENTS
1. There is hereby created an easement upon, across and over that portion of the Real
Property described as "Tract B" on the Plat, which is hereby retained by and granted to Declarant,
its successors and assigns, for access, ingress and egress to and from Lots to adjoining publicly
dedicated rights-of-way. Tract B and the easement granted and reserved hereunder shall be
subject to the following specific conditions:
A. The Owners of Lots 4, 5, 6 and 7 shall have direct access to Tract B for the
purposes of ingress and egress to West 37th Avenue, adjoining, and shall not have the right of
direct access, other than through Tract B to West 37th Avenue.
B. Said Tract B shall be for the express use of the Declarant, Owners,
members of Owners' households and guests and such use shall not be expanded to include the use
by any other person, whether as adjoining property owner or otherwise.
C. The right to maintain or repair said Tract B or any drainage facilities,
utility lines or equipment appurtenant thereto shall be solely that of the Association and no
Owner or member of Owners' households shall have the right to modify or use Tract B in any
manner whatsoever except as expressly allowed under this Declaration.
D. No Owner, member of Owners' household guests or invitees shall be
allowed to park any vehicle on Tract B. In the event that a vehicle shall be parked within Tract
B, a representative of the Association or any director thereof shall have the authority to remove
and store such vehicle at the vehicle owner's sole cost.
E. The Owner of Lot 8 shall not have the right of access, ingress or egress
through Tract B, but shall exclusively access West 37th Avenue directly from Lot 8.
F. The Association shall, from time to time, have the authority to establish
vehicle weight limitations on any portion of or all of Tract B.
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2. Tract A is hereby established as a water retainage and flood control area. The use
and restrictions of Tract A are as follows:
A. Tract A may only be used for the express purposes of the collecting,
storing and drainage of water in accordance with the requirements of any public or quasi public
authority having jurisdiction over Tract A.
B. All maintenance and repair of Tract A shall be performed by or through
the Association.
C. No person shall be allowed to store, whether temporarily or permanently,
any property upon Tract.A and, further, no Owner shall have or cause to have any change in
Tract A without the express permission of the Association.
D. The Association shall have the right, but not the obligation, to allow
limited use activities upon Tract A only upon the approval of the Association by any Owner. No
person other than an Owner, the household of an Owner, invitees and guests shall be allowed to
participate in any such approved activities upon Tract A.
3. All conveyance of Lots hereunder made, whether by Declarant or otherwise, shall
be construed to grant and reserve the easements described within this Article, even though no
specific reference to such easements or this Article appears in the instrument of such conveyance.
The grant and reservation of such easements under this Article are not intended to be a public
dedication of any such easements, but rather a restriction to the exclusive use of Declarant, its
successors and assigns, Owners, residents of Owner's household, guests and any public or private
utility or service company or district.
ARTICLE IV
COVENANTS AND RESTRICTIONS
The following covenants and restrictions shall apply to all Owners, residents of Owners'
households, tenants, lessees, Owners' guests and any invitees.
1. Protective Covenants The following protective covenants shall apply to each Lot.
A. Each Owner shall maintain the exterior of a Lot in a clean and presentable
condition including, without limitation, removing all refuse and trash and keeping all exterior
improvements clean.
B. No Owner may store any materials or objects within Tract A or Tract B.
C. Owner may have more than two dogs, the activities and control of which may
be subject to the rules and regulations promulgated by the Association, from time to time.
D. There shall be no activity or storage or use upon any Lot in violation of
any federal, state or local law, regulation or ordinance which may relate in any way to hazardous
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material, clean air, clean water or otherwise, to the protection of the public health, public welfare
or the environment, as such laws may be amended from time to time.
E. The improvements upon any Lot shall be a single family residential unit
only and all occupants shall be only the immediate family of the Owner or, if applicable, the
tenant of the Lot, and no other person shall be allowed to reside in any such improvements.
F. No structure of a temporary character including, but not limited to, house
trailer, shack or outbuilding shall be placed or erected upon any Lot.
G. No signs, advertising, billboards, unsightly objects or nuisances of any
kind shall be placed, erected or be permitted to be remain in or on any Lot or easement described
within this Declaration, without the prior written approval of the Association. Notwithstanding
the foregoing, reasonable signs or advertising may be used by the Declarant or an Owner in
connection with a sale or rental of any Lot or otherwise in connection with the Declarant's
development of the Real Property.
H. No abandoned or inoperable vehicle of any kind shall be stored or parked
on any Lot. An "abandoned or inoperable" vehicle shall be defined as any automobile, truck or
motorcycle which has not been driven under its own propulsion for a period of one (1) month or
longer or which does not have an operable propulsion installed thereon. No boats, trailers,
campers, house trailers, self-contained motorized recreational vehicles or other similar vehicles
shall be stored or parked on any Lot, unless so stored or parked within an enclosed area on said
Lot, the location, materials, color and height of which have been previously approved by the
Architectural Control Committee.
1. Rules and regulations concerning a governing use of all easements
described within this Declaration may be adopted, amended and repealed, from time to time, by
the Association and the Executive Committee may establish or enforce reasonable penalties for
the infraction thereof, including without limitation, the levying and collecting of fines for the
violation of such rules and regulations, or for the violation of any provision of this Declaration;
provided, however, copies of such rules and regulations must first be furnished to Owners and
shall be uniform and non discriminatory except to the extent that such rules and regulations
concern discretionary acts given to the Association or its Executive Committee.
J. The Association shall maintain insurance covering all insurable interests in
or to Tract A and Tract B and appurtenances thereto. The Association shall maintain a
comprehensive policy of public liability insurance covering all of such properties, insuring the
Association and the Owners in an amount of not less than $1,000,000 covering bodily injury,
including death, for persons, personal injury and property damage and liability arising out of a
single occurrence.
K. Subject to the restrictions, easements and conditions contained within this
Declaration, each Owner shall have an undivided 115 interest in Tracts A and B, and any
conveyance of a Lot, either by the Declarant or its successors shall include, without express
language, such interest in Tracts A and B.
2. In the event that any Owner, tenant, agent, invitee or resident of a Lot shall breach
any of the terms and conditions contained within this Section, the Executive Board shall have the
following remedies. It may seek immediate injunctive relief against any Owner or where
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damages are incurred by the Association as a result of such breach, to seek monetary damages
arising from such breach. In the event that any Owner shall be obligated to undertake certain
activities pursuant to this Declaration and fails to do so, the Association shall give notice of such
breach to such Owner and the Owner shall have ten (10) days from the date of such notice from
the Association in which to cure said breach. If said Owner fails to cure such breach within the
time provided and the Association may peacefully do so, the Association is hereby authorized to
enter any Lot for the purposes of correcting such breach, and the Owner so committing such
breach shall be responsible to the Association and its agents for all costs and expenses, including,
without limitation, any reasonable attorneys' fees. In no event shall the Association be required
to elect any one or more of the above remedies or otherwise those remedies provided by law, the
effect of these remedies being that they are cumulative.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
1. Every Owner of a Lot shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot.
2. An Owner shall not transfer, pledge or alienate his or her membership in the
Association in any way, except upon the sale or encumbrance of his Lot, and then only to the
purchaser or mortgagee of such Lot.
3. The Association shall have one class of membership consisting of all Owners,
including the Declarant, so long as the Declarant continues to own an interest in a Lot. Except as
otherwise provided for in this Declaration, each member shall be entitled to a vote in Association
matters as otherwise set forth in this Declaration. All Owners, including Declarant, shall be
entitled to one vote for each Lot owner, regardless of the size of such Lot and the fact that two or
more Lots have been combined into one Lot. Each Owner, including Declarant while Declarant
owns any Lot, is subject to all the rights and duties assigned to Owners under the Association
documents.
4. Notwithstanding any provision to the contrary contained in this Declaration or the
rules and regulations of the Association, Declarant hereby reserves unto itself the right to appoint
an Executive Committee for the Association until sixty (60) days following the date upon which
Declarant has conveyed three of the Lots to other Owners. Prior to such time, this Section may
not be amended without Declarant's written consent. Declarant may voluntarily relinquish such
power evidenced by notice executed by Declarant and recorded with the Clerk and Recorder of
the County of Jefferson.
ARTICLE VI
ASSOCIATION OPERATION
1. Management and Maintenance Duties and Duty to Establish Reserve Account
Subject to the rights of the Owners as set forth in this Declaration, the Association shall be
responsible for the management, control, maintenance, repair, replacement, insurance and
improvement of Tracts A and B (including any property or equipment related thereto), and shall
keep the same in good, clean, attractive and sanitary condition, order and repair. The expenses,
costs and fees of such management, operation, maintenance, repair, replacement, insurance and
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improvement by the Association as provided in this Declaration shall be part of the annual
common expense assessment levied by the Association and the prior approval of the Owners
shall not be required in order for the Association to pay any such expense, cost and fees
regardless of the amount thereof. The Association shall be responsible for establishing a
necessary reserve account in the amount as may be required by law to provide for the
responsibilities specified in this Declaration.
I Owner's Negligence and Prohibition of Certain Activities. Notwithstanding
anything to the contrary contained in this Declaration, in the event that the need for maintenance
or repair of any portion of Tracts A or B, is caused through or by the negligence or willful act or
omission of an Owner or by a member of Owner's family, guest, invitee or licensee, then the
expenses, costs and fees incurred by the Association for such maintenance and repair shall be the
personal obligation of the Owner; and if not repaid to the Association within ten (10) days after
written notice from the Association to the Owner of the total amount of such expenses, costs and
fees, or any portion thereof, from time to time, then the failure to so repay shall automatically
become a default assessment determined and levied against such Lot and Owner and the
Association may proceed in accordance with the other provisions of this Declaration.
3. Books and Records. The Association shall make available for inspection, upon
request, during normal business hour or under other reasonable circumstances, to Owners and to
mortgagees, current copies of the Association documents including books, records and financial
statements of the Association.
4. Management Agreement and Other Contracts. The Association may employ or
contract for the services of a manager to whom the Executive Committee may delegate certain
powers, functions or duties of the Association, as provided herein subject
to the following:
A. The manager shall not have the authority to make expenditures except
upon prior approval and direction by the Executive Committee.
B. Any agreement for professional management of the Association's business
or any contract providing for the services of Declarant shall have a maximum term of three (3)
years and any such agreement shall provide for termination by either party thereto, with or
without cause and without payment of a termination fee, upon thirty (30) days prior written
notice.
C. Any contracts or leases entered into by the Association (except contracts
or agreements governed by subsection B, above, shall provide for termination by either parry
thereto, with or without cause and without payment of a termination fee, upon ninety (90) days
prior written notice.
5. Acquiring and Disposing of Personal Property. The Association may acquire,
own and hold for the use and benefit of all Owners tangible and intangible personal properly and
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may dispose of the same by sale or otherwise. The beneficial interests in any such property shall
be deemed by the Owners in the same undivided proportion as their respective undivided interest
in Tracts A and B.
6. Rights of Action. The Association on behalf of itself and any aggrieved Owner
shall be granted a right of action against any and all Owners for failure to comply with the
provisions of the Association documents, or with decisions of the Executive Committee made
pursuant to authority granted to the Association in the Association documents. The Lot Owners
shall have a right of action against the Association for failure to comply with the provisions of
the Association documents or with the decisions of the Executive Committee made pursuant to
authority granted to the Association. In any action covered by this Section, the Association or
any Lot Owner shall have the right but not the obligation to enforce the Association documents
by any proceeding at law or in equity, or as set forth in the Association documents, or by
mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or
judicial relief shall be entitled to reimbursement from the non-prevailing parry or parties, for all
reasonable costs and expenses, including attorney fees in connection with such arbitration or
judicial relief.
7. Implied Rights and Obli ations. The Association may exercise any right or
privilege expressly granted to the Association in this Declaration, subsequent acts of the
Association and such other reasonable and legal acts as may be incidental or necessary to carry
out the purposes of this Declaration.
8. Notice. Any notice to an Owner of matters affecting the Real Property by the
Association or by another Owner shall be sufficiently given if in writing and delivered
personally, by courier or private service delivery, or the third business day after deposit in the
mails by registered or certified mail, return receipt requested, at the address of record for real
property tax assessment notices with respect to that Owner's Lot.
9. Establishment of Executive Board. The Executive Board shall be responsible for
the carrying out of all responsibilities of the Association and shall be created and operated as
follows:
A. Subject to the voting rights of Declarant hereunder, commencing January
1, 2004 and continuing on the first of each and every year thereafter, the Owners of each Lot
shall give notice to the Executive Board of the name of the representative who shall be voting on
behalf of that Lot in all matters which come before the Executive board. Notwithstanding any
other provisions in this Declaration, such designation shall be binding upon all Owners of Lots
and such designation shall be revocable only upon seven (7) days prior written notice to all
members of the Executive Board by all the Owners of a Lot. The method of selecting such
designated delegate to the Executive Board shall be at the sole discretion of the Owner of a Lot,
but such designation shall be binding. In the event the Executive Board does not receive such
notice of designation of a representative, then the prior year's designation shall continue.
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B. For all purpose hereunder, the Executive Board may rely upon the
designated representative for each Lot for purposes of all votes and other decisions which may be
required by the terms of this Declaration, public law or the rules and regulations of the Executive
Board.
C. The Executive Board shall be made up of five members, with one
designated representative representing each Lot. In the matter of all decisions or meetings, a
quorum of no fewer than three members shall be required. Notice of any meeting of the
Executive Board shall be in writing and given to all designated Lot representatives for a meeting
to be held no sooner than seven days following the date of written notice. Notice shall be in hand
or by U.S. Mails, prepaid postage. Except where expressly otherwise provided in this
Declaration, all decisions of the Executive Board shall be made by a simple majority of those
attending. Written minutes of such meetings shall be provided to all designated representatives
following such meeting. In the event that an emergency meeting of the Executive Board is
required, such meeting may only be called for purposes of an immediate and dangerous condition
upon the Real Property, whereupon notice shall be given no less than twenty-four (24) hours in
advance.
D. In the event that any Owner or Owners shall fail or refuse to give notice of
a designated representative and there shall be no prior designated representative of record, the
Executive Board may, upon notice to all Owners of a Lot, treat such Lot as unrepresented and
non voting as to any issue which may come before the Executive Board.
ARTICLE VII
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
The Executive Board may act in all instances on behalf of the Association, to:
1. Adopt and amend the rules and regulations;
2. Adopt and amend budgets for revenues, expenditures and reserves and collect
Assessments;
3. Hire and terminate managing agents and other employees, agents and independent
contractors;
4. Make contracts and incur liabilities;
5. Regulate the use, maintenance, repair, replacement and modification of Tracts A and
B;
6. Cause additional improvements to be made as a part of Tracts A and B;
7. Grant easements, leases, licenses and concessions through or over Tracts A and B;
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S. Impose charges for late payment of Assessments, recover reasonable attorney fees and
other legal costs for collection of Assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and after notice and opportunity to be
heard, levy reasonable fines for violations of the provisions of this Declaration and the rules and
regulations of the Association;
9. Impose reasonable charges for the preparation and recordation of amendments to the
Declaration or statements of unpaid assessments;
10. Provide for the indemnification of its officers and Executive Board and maintain
directors' and officers' liability insurance;
11. Exercise any other powers conferred by this Declaration;
12. Exercise all other powers that may be exercised in this state by legal entities of the
same type as the Association; and
13. Exercise any other powers necessary and proper for the governance and operation of
the Association.
ARTICLE VIII
1. Obligation. Each Owner, including Declarant, is obligated to pay to the
Association (1) the Annual Assessments; (2) Special Assessments; and (3) Default Assessments.
2. Budget. Once each year, but no later than February 1 of such year, the Executive
Board shall determine a budget for the operation of the Association. Such budget shall be
adopted by the Executive Board by a majority vote. No Owner other than the designated
representative or except as otherwise provided in this Declaration shall have the authority or
standing to oppose or vote against such budget. The adopted budget shall be effective January 1
of the year in which the budget is adopted and notice of any change in monthly assessments shall
be given in writing from the Executive Board to all Owners.
3. Annual Assessments. Annual Assessments made for Common Expenses shall be
based upon such adopted budget by the Executive Board as it shall determine in accordance with
the requirements of this Declaration. Common Expenses shall include, but shall not be limited to,
the cost of routine maintenance and operation of Tracts A and B, expenses of management and
insurance premiums for insurance coverage as deemed desirable or necessary by the Association,
care of grounds within Tracts A and B, routine repairs and renovations within the Tracts A and
B, wages, common water and utility charges for Tracts A and B, legal and accounting fees,
management fees, expenses and liabilities incurred by the Association under or by reason of this
Declaration, payment of any default remaining from a previous assessment period, and the
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creation of a reasonable and adequate contingency or other reserve or surplus fund for general,
routine maintenance, repairs and replacement of improvements within Tracts A and B on a
periodic basis, as needed.
Annual Assessments shall be payable in monthly installments on a prorated basis in advance and
shall be due on the first day of each month. The omission or failure of the Association to fix the
Annual Assessments for any assessment period shall not be deemed a waiver, modification or
release of the Owners from their obligation to pay the same. The Association shall have the right,
but not the obligation, to make prorated refunds of any Annual Assessments in excess of the
actual expenses incurred in any fiscal year.
4. Apportionment of Annual Assessments. The annual assessments shall be
allocated among the Lots, with the allocated interest for each Lot being 20% of the total;
however, the Executive Board reserves the right to allocate all expenses relating to fewer than all
of the Lots to the Owners of those affected Lots only.
5. Special Assessments. In addition to the Annual Assessments, the Association
may levy in any fiscal year one or more Special Assessments, payable over such period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of improvements within Tracts
A and B or for any other expense incurred or to be incurred as provided in this Declaration. This
Section shall not be construed as an independent source of authority for the Association to incur
expense, but shall be construed to prescribe the manner of assessing expenses authorized by other
sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to
Lots in accordance with the allocated interest set forth in subparagraph 4 of this Article VIII.
6. Default Assessments. All monetary fines assessed against an Owner pursuant to
this Declaration, or any expense of the Association which is the obligation of an Owner or which
is incurred by the Association on behalf of the Owner pursuant to this Declaration, shall be a
Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed
or otherwise collected as provided in this Declaration or as otherwise provided under Colorado
law. Notice of the amount and due date of such Default Assessment shall be sent to the Owner
subject to such Assessment at least ten (10) days prior to the due date.
7. Effect of Non-Payment; Assessment Lien. Any Assessment installment, whether
pertaining to any Annual, Special or Default Assessment, which is not paid on or before its due
date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its
sole discretion, may take any or all of the following actions:
A. Assess a late charge for each delinquency in such amount as the
Association deems appropriate;
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B. Assess an interest charge from the due date at the yearly rate of six (6)
points above the prime rate charged by the Association's bank, or such other lawful rate as the
Executive Board may establish;
C. Suspend the voting rights of the Owner during any period of delinquency;
D. Accelerate all remaining Assessment installments so that unpaid
Assessments for the remainder of the fiscal year shall be due and payable at once;
E. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
F. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may
institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing
a mortgage on real property under the laws of the State of Colorado. In the event of any such
foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and
interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the
notice of the claim and lien, and all reasonable attorney's fees incurred in connection with the
enforcement of the lien. The Association shall have the power to bid on a Lot at foreclosure sale
and to acquire and hold, lease, mortgage and convey the same.
8. Personal Obligation. Each Assessment against a Lot is the personal obligation of
the Owner who owned the Lot at the time the Assessment became due and shall not pass to
successors in title unless they agree to assume the obligation. No Owner may exempt himself
from liability for the Assessment by abandonment of his Lot or by waiver of the use or
enjoyment of all or any part of Tracts A and B. Suit to recover a money judgment for unpaid
Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and
all reasonable attorney's fees in connection therewith shall be maintainable without foreclosing or
waiving the Assessment lien provided in this Declaration.
9. Payment by Mortgagee. Any Mortgagee holding a lien on a Lot may pay any
unpaid Assessment payable with respect to such Lot, together with any and all costs and
expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a
lien on the Lot for the amounts paid with the same priority as the lien of the Mortgage.
10. Statement of Status of Assessment Payment Upon payment of a reasonable fee
set from time to time by the Executive Board and upon fourteen (14) days written request to the
Association's designated agent by personal delivery or certified mail, first-class postage prepaid,
return receipt, any Owner, designee of Owner, Mortgagee, prospective Mortgagee or prospective
purchaser of a Lot shall be furnished with a written statement setting forth the amount of the
unpaid Assessments, if any, with respect to such Lot. Unless such statement shall be issued by
personal delivery or by certified mail, first class postage prepaid, return receipt requested, to the
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inquiring party (in which event the date of posting shall be deemed the date of delivery) within
fourteen (14) days after receipt of the request, the Association shall have no right to assert a lien
upon the Lot over the inquiring party's interest for unpaid Assessments which were due as of the
date of the request.
11. Capitalization of the Association. The Declarant shall establish an initial
working capital fund, with the initial amount to equal $100.00, which amount shall be
reimbursed to the Declarant upon the transfer of title to a Lot when that Lot's Owner makes the
required working capital contribution set forth in this Section. The initial capital account shall be
established upon the conveyance of the first Lot by Declarant and annual assessments shall
commence upon the conveyance of the first Lot by Declarant. Upon acquisition of record title to
a Lot from Declarant, each Owner shall contribute to the working capital an amount equal to
such sum hereinbefore stated or such other sums as the Executive Board may subsequently
require. Such payments shall not be considered advance payments of Annual Assessments.
12. Reserves. The Association may establish an adequate reserve fund for the
maintenance, repair and replacement of Tracts A and B that must be periodically maintained,
repaired or replaced. Such reserve fund shall be funded through the monthly payments of the
annual Common Expense Assessments and such funds as may remain from the Declarant's initial
capital fund deposit. ,
ARTICLE IX
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of purchasing and maintaining insurance for any purposes
described within this Declaration, including the collection and appropriate disposition of the
proceeds thereof, the negotiation and settlement of losses and execution of releases of liability,
the execution of all documents, and the performance of all other acts necessary to purchase and
maintain insurance as well as dealing with any improvements covered by insurance written in the
name of the Association upon their damage or destruction. Acceptance by a grantee of a deed or
other instrument of conveyance or any other instrument conveying any portion of the Real
Property, and expressly any Lot, shall constitute appointment of the Association as the grantee's
attorney-in-fact, and the Association shall have full authorization, right and power to make,
execute and deliver any contract, assignment, deed, waiver or other instrument with respect to the
interest of any Owner which may be necessary to exercise the powers granted to the Association
as attorney-in-fact.
ARTICLE X
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers or guarantors of First
Mortgages on Lots. To the extent permitted under Colorado law and applicable, necessary or
13
bi'd d55=L0 b0-VZ-tiny
proper, the provisions of this Article apply to this Declaration and the rules and regulations of the
Association.
I. Title Taken by Mortgagee. Subject to the provisions of Colorado law, any
Mortgagee holding a first mortgage of record against a Lot who obtains title to the Lot pursuant
to remedies exercised in enforcing the terms and conditions of any mortgage or deed of trust
which constitutes a lien against such property will not be liable for any Assessments which may
be due and owing prior to the date that mortgagee obtains either a deed to said Lot or a certificate
of purchase, in the event of foreclosure, whichever may be applicable.
2. Unaudited Financial Statement. Upon written request of any mortgagee or
agency which has an interest or prospective interest in any Lot, the Association shall prepare and
furnish within ninety (90) days an unaudited financial statement of the Association for the
immediately preceding fiscal year.
3. Notice of Action. Any first mortgagee and any agency which holds, insures or
guarantees a first mortgage, upon written request to the Association (which shall include the
agency's name and address and the Lot Owner), will be entitled to timely written notice of any
proposed amendment of the Association documents effecting change in the boundaries of Tract
A and B or the Lot against which mortgage constitutes a lien.
4. Action by Mortgagee, If this Declaration or any Association documents require
the approval of a mortgagee holding a lien against any Lot, then, if any mortgagee fails to
respond to any written proposal for such approval within thirty (30) days after such mortgagee
receives proper notice of the proposal, such mortgagee shall be deemed to have approved such
proposal provided that the notice was delivered to the mortgagee by certified or registered mail,
return receipt requested.
ARTICLE XI
DURATION OF COVENANTS AND AMENDMENT
1. Term. The covenants and restrictions of this Declaration shall run with and bind
the land in perpetuity, subject to the termination provisions of the Act.
2. Amendment. This Declaration, or any provision of it, may be amended at any
time by Owners holding not less than sixty-seven percent (60%) of the votes possible to be cast
under this Declaration at a meeting of the Owners called for that purpose, and, provided the first
mortgagee has requested notice in accordance with Section X above, the approval shall be
obtained of 51% of first mortgagees of Lots subject to a first mortgage (which percentage is
measured by votes allocated to such Lots).
3. Revocation. This Declaration may only be revoked by all then Owners and
mortgagees having a lien against any Lot, wherein such Declaration shall expressly revoke this
Declaration or any act, order or law by any public authority or court having competent
.14-
3i'd d99=L0 fiO-bZ-6ny
jurisdiction over the Real Property, wherein this Declaration shall be declared null and void and
of no further effect, but then and only to the extent that such Declaration shall be so declared.
ARTICLE 20
GENERAL PROVISIONS
1. Restriction on Declarant's Powers. Notwithstanding anything to the contrary
herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or
permissible extent of such rights or powers as restricted under the Act. Any provision in this
Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such
provision as a whole but shall be adjusted as is necessary to conform the Act.
2. Enforcement. Except as otherwise provided in this Declaration, the Executive
Board, Declarant or any Owner shall have the right to enforce, by a proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. Failure by the Executive Board of the Association,
Declarant or by any Owner to enforce any covenant or restriction contained in this Declaration
shall in no event be deemed a waiver of the right to do so thereafter.
3. Severabilitv. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
DECLARANT: BGS DEVELOPMENT II, LLC, a
Colorado Limited Liability Company
Edward J. Kaufman, Manager
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing was acknowledged before me this day of 2003,
by Edward J. Kaufman, Manager of BGS Development II, LLC, a Colorado Limited Liability
Company.
WITNESS my hand and official seal.
My commission expires
NOTARY PUBLIC
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Deparbn nt of Pub6e Warta
August 23, 2004
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 2e AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
Mr. Richard Romberg, P.E.
Lane Engineering Service, Inc.
9500 West 14th Avenue
Lakewood, Colorado 80215
Re: - Riley's Roost, W. 37th Avenue at Eaton Street- Review Comments of Final Drainage Report,
Grading & Erosion Control Plan, and W. 37th Avenue Street Construction Plans.
Dear Mr. Romberg,
This letter is to inform you that the Final Drainage Report/Plan and Street Construction Plans for the
above referenced development that were previously reviewed in 2002, have been re-reviewed on August
20, 2004 and are hereby approved for construction. Please find the stamped, approved copies of these
documents with this letter to ensure the grading/erosion control and the construction of the drainage
facilities/public improvements is completed per the approved documents.
Please be aware of the following items regarding the construction of the project:
Erosion control for the project shall be placed in conformance with current NPDES/BMP
requirements set forth by the State, the Grading & Drainage and Erosion Control Plans as
approved by the City of Wheat Ridge, and shall be maintained as needed during the course of
construction.
2. All drainage improvements shall be constructed in conformance with the approved Final
Drainage Report and Plan.
Upon completion of the drainage improvements, 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 was completed per the approved Grading and Erosion Control
Plan, the drainage shall function as defined in the approved Final Drainage Report and Plan, and
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 to the City for review and approval prior to issuance of
any Certificates of Occupancy.
4. All public improvements must be completed in their entirety. The Developer shall maintain in
force a Letter of Credit in the amount of $49,148.44, or 125% of the engineer's estimate (please
see attached sheet) for a period of 1-year, or until such time as said public improvements have
been constructed, inspected, and approved by the City of Wheat Ridge.
2-Year Warranty Period for Public Improvements
Upon completion of all public improvements and acceptance by the City Inspector, the original
Letter of Credit shall be surrendered. At this time a 2-year warranty period for the public
Rileys Roost Sub (2004) - appmvAW
improvements shall commence. 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. Upon
commencement of the 2-year Warranty Period, a 2nd Letter of Credit in the amount of $9,829.69,
or 25% of the original itemized engineer's cost estimate shall be submitted to the City of Wheat
Ridge and be dated as to expire on the 2-year anniversary of the Warranty Period
commencement date. The City shall retain said Letter of Credit for the entire 2-year Warranty
Period. Upon completion of the 2-year Warranty Period, the 2°a Letter of Credit shall be
surrendered by the City of Wheat Ridge.
6. It will be the responsibility of the of the contractor for the project to repair any damage to the
existing public improvements along 37`s Avenue and Eaton Street as a result of related
construction traffic in the area. Also, the contractor will be responsible for maintaining 37u'
Avenue and Eaton Street on a regular basis such that they are free of construction debris and
tracking from construction traffic accessing the site.
7. 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)
8. Prior to any construction of the public improvements, the necessary Right-of-Way Construction
Pemrit(s) and respective licensing will need to be submitted for processing by the City. 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).
9. As-built drawings are to be submitted within 60 days of the completion of all applicable
infrastructure requirements, including drainage facilities, curb, gutter, sidewalk, and roadway.
The City of Wheat Ridge shall reserve the right to withhold the issuance of any and all Building
Permits and/or Certificates of Occupancy if the as-built drawings are not received within the
allowed 60-day period.
If you have any questions, please contact me at 303-235-2864.
Sincerely,
A ~
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Division Manager
Bill Weyman, Field Services Supervisor
Travis Crane, Planner
File (3)
Rileys Roost Sub (2004) - appmat.ly
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.
Rikp Roost Sub (2004) - appmval.ltr
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
1 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
Minimum density per soil
Colorado Procedures
inch 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
density, Colorado Procedures
contract 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
1 per 100 tons
92-96% of maximum density,
place density, Colo. Procedures
T209
Concrete compressive strength
1 set per 50 cubic yards
PCC pavement, structural
AASHTO Procedures
Concrete, sidewalks and curbing
Concrete air content and slump
i per 25 cubic yards
PCC pavement, structural
AASHTO Procedures
Concrete, sidewalks and curbing
Rikys Roos[ Sub (2004) - appmvaLIV
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat j9dge
303.235.2846 Fax: 303.235.2857
10 June 2004
Ed Kaufamn
BSG Development II, LLC
13490 Lafayette Court
Thornton, Colorado 80241
RE: 3701 Eaton Street/Riley's Roost
Dear Mr. Kaufman:
Tim Paranto, Public Works Director for the City of Wheat Ridge, asked me to touch base with you
regarding the Riley's Roost Subdivision to discuss the next step in constructing the single-family
homes upon this property.
The property was subdivided in 2002, and a plat was recorded with Jefferson County. The plat
created eight lots: two fronting on Depew Street (3701 & 3705 Depew), one on the corner of Eaton
and 37th Avenue (3701 Eaton) and five lots just west of said intersection (5675, 5685, 5705, 5715
and 5725 Eaton). While the properties have been subdivided into legal single-family lots, there are
several items that must be addressed prior to issuance of building permit.
All required public improvements (such as curb, gutter and sidewalk) must be constructed along
West 37th Avenue. Along with these public improvements, a letter of credit in the amount of 125%
of the construction value of the improvements must be submitted, with the City of Wheat Ridge
named as the beneficiary. You will be responsible for submitting an engineer's cost estimate for the
value of the public improvements to be reviewed by the Public Works Department. A Public
Improvement Agreement must also be completed and submitted to the Community Development
Department. Along with each building permit application, a standard parkland dedication fee will
be required. This fee is $1,167.91 per lot.
A Homeowners Association must be created which will maintain all common features in the
subdivision. The HOA document must be submitted to the Community Development Department,
approved and ultimately recorded with Jefferson County. Finally, the shared driveway and
detention facility in the northwest corner of the subdivision must be constructed and approved by
the Public Works Department.
All of these items must be resolved prior to issuance of the first building permit.
If you have any further questions, feel free to give me a call. I can be reached at 303.235.2849.
Sincere
Travis R. Crane
Planner
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 29' AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
May 25, 2004
Edward Kaufman
'BZ Development
13490 Lafayette Ct.
Thornton, CO 80241
Dear Mr. Kaufman: '
I have reviewed'Ricor, Inc.'s proposal for construction of the utility and street
improvements required for your development at %V80.Roast.Subdivisiop.
Unfortunately, each of the elements of work has been bid as lump sum costs.
Therefore, the costs associated with any roto-milling and overlay in 37th Avenue are
not identified.
I assume that Ricor determined that milling would be required from a conversation
with Bill Weyman of our office. Bill provided general requirement information without
benefit of seeing plans for the project. Ricor independently concluded that the City
would require milling of the street. As we discussed yesterday at the project site, the
plan appears to show only two sanitary sewer cuts outside of the area being disturbed
for the new curb-walk. If that were accurate, milling of the street would not be
considered. I should note that you provided two different utility plans for the project,
one showing a sanitary sewer main extension from the north and one with the sewer
main being constructed from the south.
I am enclosing a copy of the bid tab for the City s current asphalt paving project, as
promised. Based on a worst-case scenario of four street cuts for water and sewer and
the City's determination that milling was required, the cost of roto-milling and
pavement overlay of the street area between the most easterly and most westerly
street cuts would be approximately $1,300 using the City contract. I would not,
however, expect Ricor to perform this work at a similar cost because of the volume of
work bid in the City contract. I offer this information as general information only.
In summary, the requirement of roto-milling and over-laying street areas disturbed by
utility cuts is intended to maintain the serviceability and rideability of Wheat Ridge
streets. Milling of 37"' Avenue may be avoided by appropriate planning of the utility
work for your project. A determination of the street repair required for your project will
be made at the issuance of the Street Cut Permit.
If 1 can be of further assistance, do not hesitate contacting me.
Sincerely, 5~ u
Timothy Paranto, P.E.
Director of Public Works
XC: Steve Nguyen
Bill Weyman
city of Wheat Ridge DEPARTMENT OF PUBLIC WORKS
Department of Public Worl6
7500 WEST 29' AVENUE WHEAT RIDGE, CO 80033
December 22, 2003
Mr. Richard Romberg, P.E.
Lane Engineering Service, Inc.
9500 West 14'h Avenue
Lakewood, Colorado 80215
(303) 235-2868
FAX (303) 235-2857
Re: - Riley's Roost, W. 37d' Avenue at Eaton Street- Previous Review Comments of Final Drainage
Study, Grading & Erosion Control Plan, Subdivision Plat & W. 37 h Avenue Street Construction
Plans.
Dear Mr. Romberg,
This letter is to inform you that the Final Drainage Report/Plan and Street Construction Plans for the
above referenced development were previously reviewed and approved for construction in late August
of 2002, but apparently neither the official approval letter nor the stamped approved documents were
ever returned to you. You will receive the stamped, approved copies of these documents with this letter
to ensure the grading/erosion control and the construction of the drainage facilities/public improvements
is completed per the previously 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 approved Grading &
Erosion Control Plan and maintained as needed during the course of construction.
2. All drainage improvements shall be constructed in conformance with the approved Final
Drainage Report and Plan.
3. Upon completion of the drainage improvements, 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 was completed per the approved Grading and Erosion Control
Plan, the drainage shall function as defined in the approved Final Drainage Report and Plan, and
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 to the City for review and approval prior to issuance of
any Certificates of Occupancy.
4. All public improvements must be completed in their entirety. The Developer shall maintain in
force a Letter of Credit in the amount of $49,148.44, or 125% of the engineer's estimate (please
see attached sheet) for a period of 1-year, or until such time as said public improvements have
been constructed, inspected, and approved by the City of Wheat Ridge.
5. 2-Year Warranty Period for Public Improvements
Upon completion of all public improvements and acceptance by the City Inspector, the original
Rileys Roos[ Sub (2002) - approval.ltr
Letter of Credit shall be surrendered. At this time a 2-year warranty period for the public
improvements shall commence. 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. Upon
commencement of the 2-year Warranty Period, a 2"d Letter of Credit in the amount of $9,829.69,
or 25% of the original itemized engineer's cost estimate shall be submitted to the City of Wheat
Ridge and be dated as to expire on the 2-year anniversary of the Warranty Period
commencement date. The City shall retain said Letter of Credit for the entire 2-year Warranty
Period. Upon completion of the 2-year Warranty Period, the 2"d Letter of Credit shall be
surrendered by the City of Wheat Ridge.
6. It will be the responsibility of the of the contractor for the project to repair any damage to the
existing public improvements along 37th Avenue and Eaton Street as a result of related
construction traffic in the area. Also, the contractor will be responsible for maintaining 371n
Avenue and Eaton Street on a regular basis such that they are free of construction debris and
tracking from construction traffic accessing the site.
7. 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)
8. Prior to any construction of the public improvements, the necessary Right-of-Way Construction
Permit(s) and respective licensing will need to be submitted for processing by the City. 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).
9. As-built drawings are to be submitted within 60 days of the completion of all applicable
infrastructure requirements, including drainage facilities, curb, gutter, sidewalk, and roadway.
The City of Wheat Ridge shall reserve the right to withhold the issuance of any and all Building
Permits and/or Certificates of Occupancy if the as-built drawings are not received within the
allowed 60-day period.
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 Division Manager
Bill Weyman, Field Services Supervisor
Travis Crane, Planner
File (3)
Rileys Roog Sub (2002) - approval,ltr
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.
Rileys Roost Sub (2002) - approval.W
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,
I per 250 feet per lane per 6-inch
Minimum density per soil
Colorado Procedures
loose lift
classification, Section 203.07
Roadway subgrade in-place
1 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
Minimum density per soil
Colorado Procedures
inch 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
density, Colorado Procedures
contract 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
1 per 100 tons
92-96% of maximum density,
place density, Colo. Procedures
T209
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
Rileys Roost Sub (2002) - approval.ltr
SITE IMPROVEMENTS QUANTITIES WITHIN R.O.W.
RILEY'S ROOST SUBDIVISION
W. 37TH AVE. AND EATON STREET
WHEAT RIDGE, COLORADO
October 24, 2000
LIST OF QUANTITIES
PROJI. NO. K90-1
ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL
WEST 37TH AVENUE
1.
Vehicle Tracking Pad
1
EA.
L. S.
$250.00
2.
Earthwork (Exc./Emb.)
5
C. Y.
$3.00
$15.00
3.
Mountable curb w/walk
137
L. F.
28.50
3,904.50
4.
Mountable curb
6
L. F.
8.00
48.00
5.
Concrete curb cut/Dhveway1
EA.
$1,600.00
$1,600.00
6.
HBP (6" Full Depth) in pl.
60
S.Y.
19.00
1,140.00
STORM DRAINAGE/POND
1.
Earthwork (Exc./Emb.) 2,552
C.Y.
$1.50
$3,828.00
2.
Concrete curb inlet, in pl. 1
EA.
1,000.00
1,000.00
3.
10° Dia. PVC, SDR 35, in pl.55
L. F.
35.00
1,925.00
4.
Concrete outlet apron w/
restrictor plate, comp. in pl.1
EA.
1,050.00
1,050.00
5.
Rock channel, comp. in pl.Job
TON
L. S.
800.00
6.
Concrete Vault (MH), in pl. 1
EA.
1,100.00
1,100.00
7.
Concrete overflow channel 8
L. F.
350.00
350.00
PRIVATE DRIVE AND SITE
1.
Earthwork (Exc./Emb.) 940
C.Y.
3.00
2,820.00
2.
Silt Fence, comp. in pl. 925
L.F.
1.25
1,156.25
3.
Mountable Curb & Gutter533
L. F.
8.00
4,264.00
4.
HBP (6" Full Depth) in pl.697
S.Y.
19.00
13,243.00
5.
Seeding & Mulching in pl.550
S.Y.
1.50
825.00
TOTAL $39,31875
Prepared by:
LA e Engineering Service, Inc Date
SITE IMPROVEMENT QUANTITIES
City of Wheat Ridge of WHEATS
Community Development Department
v m
Fax Transmittal ~o~oRAOo
TO: Tim Andrews
FROM: Travis Crane
SUBJECT: 3701 Depew St./Riley's Roost
DATE: 8 May 2003
Tim,
Attached is the last letter sent to Lane Engineering concerning the civil documents. If you have any
questions, feel free to give me a call. I can be reached at 303.235.2849.
Thank You,
DFO-
Travis R. Crane
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
Certified Article Number
24 October 2002 7160 3901 9844 0808 8680 SENDERS RECORD
Stephen Konsella
14232 West Warren Place
Lakewood, Colorado 80228
RE: Subdivision Improvement Agreement for Riley's Roost Subdivision
Dear Mr. Konsella:
The City has not received a completed Subdivision Improvement Agreement with
associated Letter of Credit as specified by the Public Works Department. Your engineer of
record, Lane Engineering, has provided an estimate to the City for the cost of the required
improvements for the recently filed Riley's Roost Subdivision. Along with this Subdivision
Improvement Agreement and Letter of Credit, you must submit a copy of the proposed
covenants to the City for review prior to recordation with the County. These covenants will
govern maintenance and responsibility of the detention area and private driveway. The City
will not issue any building permits for lots 3-8 until these items have been submitted and
approved.
Thank you for your prompt attention in this matter.
Sincerely,
Dsp--v^
Travis R. Crane
Planner
2. Article Number
7160 3901 9844 0808 8680
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) ❑Yes
1. Article Addressed to:
Stephen Konsella
14232 W. Warren P1
Lakewood, CO 80228
A.
B. Date of Delivery
Claltu El Agent
X T_ ✓ C..JfaX.,/~- ❑Addresses
D. Is delivery address different from item i? ❑ Yes
If YES, enter delivery address below: 11 No
3811, July 2001 Domestic Return Receipt
75.oI-,/68 p.3S ~'c.FISS3~~S /O•/O-aooR 10:S33lo I
RILEY'S ROOST SUBDIVISION
A PORTION OF THE NORTHWEST ONE-QUARTER
OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE
CITY OF WHEAT RIDGE, JEFFERSON COUNTY,
FINAL PLAT
OF THE NORTHEAST ONE-QUARTER
69 WEST OF THE 6TH P.M.
COLORADO
- -_S 89_42_07-E- _2548.15'
NW CORNER NORTHEAST 1/4 1324.08'
3 1/2- SMSS CAP IN RANGE
POINT BOX LS 28279
F 1.
UNPLATTED
fww S-3 ZON ING
ED
a
o¢~ N B9.46'35'W 131.69' I
+ N 87.30'48'E
KINUAT:47",ETA T~.~I---~ ILITY AID
~TE 3ASEMEN
4L8 S OO.FT. 3' S{6$ 'W
n 30$! 2 O p `
0 889.46'35'12 wn - +-6'33 w ` SCALE 1'- 40' I
o $
LOT 7 M a
a M 4, 128 ymVIF ° ~ ~ R-3 ZONING LUEBKE APARTMENTS I °
o ~
$ 90. FT. g 2 $ LO125 $ a
j 2
FT.
ow
h ~57C3 $~F o 505 I N 89.4635'W 304.95'
rv _ _
I 1y-N
50+D3= _ o 175.95'- 130 00' -
S89.46'J5'E w~ .46'35'12 v+~ u S VTILIiY AND DRAINAGE S. UTILITY AND BRA
!89 I NAOE ul
r w> EASEMENT SEE NOTE 3 SEMENT SEE NOTE
EXISTING BUILDINGS TO REGAIN m~^ nl H n rv ✓ 6 _
1 oa7
LOT
I$ $ I w 39d DEW 5T i M $ 8,934 SOFT. o < o I iO
$ LOT 8s '$i 8 oI o I~ w 370$ s m
SQ. FT. $ ana $ L4 LOT 3 ~w 89'4 ' 5'W 130,00' w I
e - 5%, 4 M 23,978 SO. FT
° 60.FT.$ o o -UTIL--- d
$T25 a $ S' ITY AHD DWAI RAGE M'
X75 I g , EASFJENf 412E NOTE 3
389.46'35'12
Ml- ~w s69.4a•3sJE ~8 oa a n ::::J-HHH~1 g I B
I 8.932 932 90. FT.
TT $0.84' 1 0 3'AD'L EIVDhPY °m~
TIRAACC GHT•p0F•MAY ME.", 8 89 1 1.69' S' TILITV A NOTEA3GA 3701 6
DEDICATED D WAY ~T.HCIS PLAT 800K 753 3 EAS
R8T~R17F!'F-'0F'IRM Ep Po03'N - 130.00.--.-
LOT 9. EVELYN SUBDIVISION I
715 SOFT. ,as FLAT Zw 10 PAGE 49
N~ I
UWLATTEG
Zw"
QQ~
W °v
_
322.75'
- - - - - - - - - - - - - - - -
\SW CORNER NORTHEAST 114
3 1/2' ORA$$ CAP IN RANGE
POINT BOX L$ 28279 VICINITY MAP
I, STEVE KONSELLA, BEING THE OWNER OF THE REAL PROPERTY OF I.BOS
ACRES DESCR 18120 AS FOLLOWS: . .
THE SOUTH 137.43 FEET OF THE EAST HALF OF THE NORTHEAST WARIER OF
REECCEPTIONN NUMBER $2031512 2OF THE
---"'fir"---""•~" EXCEPTRTTHAATSPORTTIIONEDESCRIBED IN NORTHEAST
THE JEFFERSON COUNTY RECORDS, TOGETHER WITH THE SOUTH I ACRE OF THE
EAST 2 ACRES OF THE WEST ONE-HALF, NORTHEAST ONE-QUARTER
NE CORNER NORTHEAST 1/4 NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER OF SECTION A5
3 1/2' BRASS CAP IN RANGE TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY
POINT BOX LS 28279 OF WHEAT RIDGE JEFFERSON COUNTY COLORADO. EXCEPT THAT PORTION
BEIl~RIG MMOREI PAR, TICULLARLYTDESCCRRIBED AS FTHE OLLOWSFERSN COUNTY RECORDS
LOT 8 A.E. ANDERSON SUBDIVISION
PLAT BOOK 6 PAGE 2$
PRO ZONING
LOT 9 A.E. ANDERSON SUBOIVI$ION
PLAT BOOK 6 PAGE 28
PRO ZONING
LOT 10 A.E. ANDERSON SUBDIVISION
PLAT SOGK B PAGE 26
PRD ZONING
LOT I, EVELYN SUBDIVISION
PLAT SOOK 10 PAGE 49
R-3 ZNIlW I w
L_
N 90.00'OO-E 2645.49'
912 CORNER MATp3 1/4 SECTION 25
3'I'BRA53 CAP AST RANGE POINT
BOX LS 13212
NOTARY SEAL
LINE DATA CHART
NUMBER
BEARING
01 STANCE
L I
S 89.46'35'E
8.43'
L 2
S $9.46'35'E
20.00'
L 3
N GO'00'03'E
25,00'
L 4
S 00.00'03W
25.00'
L 5
5 89.46'35E I
20.00'
L 6
N 74.0858-E
21.67'
L 7
N 00'GO'03'E
10.97'
SCALE 1'• 500'
THE
E
OF
FOR
AND
TREET
CITY COUNCIL CERTIFICATION
APPROVED THIS A; DAY OFJIP P 6dhy98O02, BY THE WHEAT RIDGE CITY
COUNCIL.
AT~TE(S~~(~l~~~.11
CI TT.~CLCyI MAY
PLANKING CO444
5;} N CERTIFICATION
APPROVED .TH lS k>L DAY OF 4, 2002, THE MEAT RIDC@
'PLANNING C2W SSIN.
y
I
ILA AND DEVELOPMENT DIRECTOR
t~
DIRE OF PURL WORK
JTH SURVEYORS CERTIFICATE:
1. STEVEN D. LISTER, 00 HEREBY CERTIFY THAT THE SURVEY OF THE
BOUNDARY OF RILEY'S ROOST SUBDIVISION WAS WIDE UNDER MY
SUPERVISION. RESPONSIBILITY AND CHECKING DURING FEBRUARY, 2001 AND
TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND IN
FEET ACCORD WITH ALL APPLI LE COLORADO STATUTES, CURRENT REVISED
REPRESENTS SAID SURVAND HE EY ACCOMPANYING PLAT ACCURATELY,
RUE
A ~E
RLISTERED LARD SURVEYOR
ZS IA 9500 O5WEST NUMBER 16637
OF _ 4U.'pi°IA LAREp OD, CRLORA00NUE
W215
~k3w.L... WS-233.4042
6i11\\ B V"'ok\S
NOTAR'/ PUBLIC
NOTICE:
ACCORDING TO COLORADO LAW YOU MUST COMBEMCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIN EASED UPON
AMY THIS THE DATECOF ITHE CERTIIFICATIONCDSHOW'NCHEER ON. THAN TEN YEARS FROM
NOTES:
1. 518 INCH DIAMETER REBAR WITH CAP STAMPED 'LANE END SAY INC 16837'
SET AT POINT SHOWN THW:•
2. THE BASIS FOR THE BEARINGS SHOWN ON THE GRAPHIC PORTION OF THIS
PLAT IS THE ASSUMPTION THAT THE $WIN LINE OF THE NORTHEAST
ONE _QUARTER OF SECTION 25 BEARS N.90.00'00'E.
3. TEN FOOT (10'1 WIDE EASEMENTS AM HEREBY QRANTED ON PRIVATE
PROPERTY ADJACENT TO ALL PUBLIC STREEgT^u AND FRONT AND REAR
PROPERTY LINES OF EACH LOT IN THE WwfVIIION OR PLATTED AREA. FIVE BASEMENT AFOOT 31 LOT LLIINES 0 ANYACH LO DIN THEM SUBDIVIS~IONTOR
PLA Afj INTENAN€E A RYEkEEPIACEAENNTSOFF L"TTRTCTEGAS aTELEVISION CABLE
DRAt" At5 TELE ICATIONS FACILITC 3. UTILITIES SHALL ALSO BE
PER III HII TTETEE~WD~By0I yyPPI~jNIGNANY ESI EY T8 VOTE STREETS
NDTrBE PBRWI TIR(i MIT~PBB BWRTEA INTERS SHALL
4. HO VgPMCULAR A60900 SHALL WE RWRWIPTER FROW VAST 3PTH AVENUE
FOR OT
5. TRACT 8 SHALL BE AN INGRESS-EGIME ACCESS AND UTILITY EASEMENT
OWNED AND MAINTAINED BY THE HONE OWNERS ASSOCIATION, THE HOME
WOWNERRSDASSOCIATION SHALL OWN AND MAINTAIN TRACT A, THE STORM
E AREA
6. LOT 8 MAY ONLY GAIN VEHICULAR ACCESS FROM WEST 37TH AVENUE.
7. PARKING I$ NOT PERMITIED N THE PRIVATE DRIVE.
8.THE PRIVATE DRIVE SHOULD BE CLEARLY SIGNED AS FIRE ACCESS.
9. 5/6 INCH BRASS WASHER STAMPED -LS 16837' SET AT POINT SHOWN THUS:O
10. THE OWNER. HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND
PRIVILEGES OF ACCESS TO AND FREE MOVEMENT THROWN THOSE AREAS
INDICATED AS 'CROSS ACCESS/1118RE48-EORES3 EATS', AS
ILLUSTRATED UPON TM113 PLAT. SUCH GRAN tlF E T SHALL BE
LIMITED TO THE OWNERS, TENANTS CUSTOMERS AND GUESTS OF THE
W RS AND SHALL FURTHERMOR€ 8AA1T ACCESS TO AND FREE
MENT THROUGH{ ArID EASEMENTS TO THOSE ENTERING SAID
EASEMENTS FROM $R FROAMLABURTT RRDDED EASEMENTS FROM ADJACENT PUBLIC STREET$.
11 THE STORM OETENT IN AREA MIKE B AS TRACT A SHALL BE
CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT O'WNE'RS
HEIRS. SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CN$TRUATION
AND MAINTENANCE IS NOT PERFORMED BY SAID DOER, THE CITY OF
WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM
NECESSARY WORK, THE COST OF WHICH SAGO OWNER HEIRS SUCCESSORS,
AMD ASSIGNS AGREES TO PAY. NO BUILDING. PENCA 0R STAUCTUAE WILL BE
CONSTRUCTED IN THE DETENTION AREA AND NO CHANGES OR ALTERATIONS
AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA
WtLL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC
WORKS.
12. THE CURRENT ZONING OF THE DESCRIBED TRACT IS R-IC
13. h0"AQR OR ?RAINr "ALAS ALONG INS NORTHWRLY AND
SOUTt1ERLY PROPERTY LINER OF LOTS 5 6 7 AND 8 BY SOLID FENCES.
LANDSCAPING, OR OTHER PERMANENT STRUCWRAS IS PROHIBITED. _
CASE HISTORY COUNTY CLERK AND RECORDERS CERTIFICATE
.O'...._S.ok,
STATE OF COLORADO 1
COUNTY OF JEFFERSON 155
DAY OFR .,..,1 _ MSTRUM2002WAS ACKNE LEDGESEDIBEFOOREEM EERTHIS 19ti: STEVL.
of WHEgr
o AGENDA ITEM
c~
m REQUEST FOR COUNCIL ACTION September 23, 2002
HOC ORAOO
PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING
X BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
_ RESOLUTIONS rl
Quasi-Judicial: X jjL
Yes No
SUBJECT: Reconsideration of approval condition for Riley's Roost Subdivision, Case No. WS 01-01.
SUMMARY AND BACKGROUND: Council approved this eight-lot subdivision on August 26, 2002
with one condition recommended by staff. This condition was the payment of the cash in lieu of park land
dedication fee at the time of recordation of the plat. The total fee is $8,175.00, or $1,167.86 per lot. (The lot
with the existing home to remain is not included in the calculations.) Chapter 26 requires payment of the park
fee "prior to the issuance of a building permit." It is easier to monitor compliance with the condition if the
payment is a lump sum at plat recordation, rather than eight payments at the time of issuing eight building
permits.
Staff does not have a concern with collecting the fee at the time of each building permit.
Original budgeted amount:
Actual contracted amount:
Impact of expenditure on line item:
$0
$0
$0
ATTACHMENTS:
1. None
STAFF RECOMMENDATION: Approval
ORIGINATED BY: Applicant
No.: N/A
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION: "I move to amend the condition of approval of the Riley's Roost
Subdivision, Case No. WS 01-01, by requiring the collection of the cash in
lieu of park land dedication fee at the time of building permit issuance for
each lot."
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7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
September 4, 2002
Stephen Konsella
14232 W. Warren Pl.
Lakewood, CO 80228
Dear Mr. Konsella:
Please be advised that at its meeting of August 26, 2002, City Council approved your request of an 8-lot
preliminary subdivision plan for property zoned Residential-One C (R-1C) and located at 3701 Depew Street
for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the R-1C zone
district regulations.
City Council also approved your request of an 8-lot final subdivision plat for property zoned Residential-One
C (R-1C) and located at 3701 Depew Street for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots meet the minimum lot area and lot width requirements of the R-1C zone
district regulations.
3. The final plat is consistent with the preliminary subdivision plan.
With the following condition:
The parkland dedication fees of $8,175.36 as recommended by the Parks and Recreation
Department be collected prior to plat recordation with Jefferson County.
A blackline photographic mylar of the subdivision plat needs to be submitted for recording with Jefferson
County within 90 days of final action. The fees for recording with Jefferson County are $10 per page.
Enclosed is a copy of our fee schedule. Please submit payment along with the mylar.
Enclosed is a draft copy of the minutes stating the Council's decision. Please feel free to contact me at 303-
235-2846 if you have any questions.
Sincerely
Kathy Fie4d
Administrative Assistant
Enclosures: Minutes
cc: WS-01-01
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 26, 2002
The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m.
Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David
Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley. Also present: City Clerk, Wanda Sang
City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Planning, Alan White; Director
of Parks and Recreation, Joyce Manwaring; staff; and interested citizens.
APPROVAL OF MINUTES OF August 12, 2002 Regular Meeting and Special Meeting
Motion by Mr. DiTullio for the.approval of the Minutes of August 12, 2002 with the following
amendment: That all comments made under Agenda Item 10. I. be made part of the record
and I further move that the Special Meeting Minutes be approved; seconded by Mr. Gokey;
carried 8-0.
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamation for National Alcohol and Drug Addiction Recovery Month -
September 2002.
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Request for approval of a preliminary subdivision plan and final subdivision plat
for property located at 3701 Depew Street.
(Case No. WS-01-01) (Steve Konsella)
Item 1 was introduced by Mr. DiTullio, summary and background were read by the Clerk.
Applicant, Steve Konsella, was sworn in by the Mayor and explained his plans for the
property. The property consists of almost 2 acres and he is planning eight residential lots.
The old farm house will remain, as well as most of the old trees.
Wheat Ridge Planner, Travis Crane, was sworn in by the Mayor and presented the staff
report.
CITY COUNCIL MINUTES: August 26, 2002 Page -2-
The following speakers were sworn in by the Mayor:
Cheryl Brungardt, 5621 West 36en Place, came to the Planning Commission Meeting with a
group of approximately 15 people; their turn to speak was not until 10:30 p.m., so it looked
like she was the only person there that.cared, because other people had to go home earlier.
She is mainly concerned about the increased traffic; there are 38 families in a half block area.
She asked Council to vote no on this item.
James Meeker, has lived at 37th & Eaton for 46 years; was very concerned about traffic and
lack of parking in the area.
Dennis Brungardt, he agreed with Cheryl Brungardt's comments; he was also concerned
about traffic, parking and safety issues.
Louis D. Lemanske, 5631 West 36tfi Place, was concerned about drainage issues and
wondered how that would be addressed. He was also concerned about additional traffic.
Mr. DiTullio declared for the record that he had received a-mails from Cheryl Brungardt and
that Mr. Meeker is his uncle. He gave history of this property, which used to be zoned R-3
and allowed 21 per acre. In 1996 the former owners asked Council not to rezone this
property because they could build so many more units. At that time Cheryl Brungardt and Mr.
Meeker came in and spoke in favor of rezoning. Mr. Schneider, Mr. Edwards, and Ms. Figlus
acknowledged that they had also gotten e-mail from Ms. Brungardt.
Mr. DiTullio asked Mr. White if the applicant had followed all the rules of Chapter 26; answer
was yes. Are there any outstanding issues the Council needs to be aware of, answer was
no.
Mr. Dahl asked that Council disclose the basic message of the a-mails for the record. One
message was that the plan had changed from the neighborhood meeting to tonight's meeting
and the plan on screen. The other was that the signs on the property had been knocked
down or were missing and the neighbors wanted to make sure that everybody could see
them. Ms. Figlus stated that the e-mail she received asked that the neighborhood be
protected and asked for support of the neighborhood.
Preliminary Subdivision Plan:
Motion by Mr. DiTullio to approve Case No,.WS-01-01, a request for approval of a preliminary
subdivision plan for property located at 3701 Depew Street and zoned R-1 C for the following
reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the R-C
zone district regulations;
seconded by Mr. Edwards; carried 8-0. .
CITY COUNCIL MINUTES: August 26, 2002
Final Plat:
Page -3-
Motion by Mr. DiTullio to approve Case No. WS-01-01, a request for approval of a final plat
for property located at 3701 Depew Street and zoned R-1 C for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the R-
1C zone district regulations.
3. The final plat is consistent with the preliminary subdivision plan.
With the following condition:
The parkland dedication fees as, recommended by the Parks and Recreation Department
be collected prior to plat recordation with Jefferson County;
Seconded by Mr. Edwards; carried 8-0.
Item 2. Council Bill 28-2002 - establishing the Wheat Ridge Cultural Commission.
Council Bill 28-2002 was introduced on second reading by Mr. Schneider, who also read the
summary and background; Clerk assigned Ordinance No. 1263. Mr. Schneider had
submitted a new Council Bill, where the word "art" had been stricken in several places and
the work `cultural' had been added in several sections.
Ron Gehauf, active member of the Arts Council of Wheat Ridge, as well as the Colorado
Folk Arts Council, and other Arts and Cultural Organizations, wondered what the role of this
new commission would be and why it was being established. Will this supersede the Arts
Council or will they work together in unison.. He felt it would have been courteous if the Arts
Council had been informed of this action.
Mr. Schneider stated that this would be the official commission of Wheat Ridge and would
supersede the Arts Council.
Mr. DiTullio and Mr. Edwards invited Mr. Gehauf to be on the commission and stated that this
commission would work hand in hand with the Arts Council and other Arts Organizations.
Motion by Mr. Schneider to approve Council Bill 28-2002 (Ordinance 1263) new version and
that Sec. 2-55 (a) be changed to read.-shall consist of nine (9) members. Two shall be
appointed from each Council District and a ninth would be appointed at large by the City
Manager; seconded by Mrs. Rotola; carried 8-0.
ORDINANCES ON FIRST READING
Item 3. Council Bill 30-2002 - An Ordinance adopting by reference the Wadsworth
Boulevard Corridor Plan.
(Case No. ZOA-02-05) ,
Council Bill 30-2002, Case No. ZOA-02-05, was introduced on first reading by Mr. Mancinelli,
who also read the summary and background.
P
REQUEST FOR COUNCIL ACTION
AGENDA ITEM
August 26, 2002
X PUBLIC HEARINGS
BIDS/MOTIONS
-RESOLUTIONS
Quasi-Judicial: X
Yes
ORDINANCES FOR 1ST READING
ORDINANCES FOR 2ND READING
No
SUBJECT: Request for approval of a preliminary subdivision plan and final subdivision plat.
SUMMARY AND BACKGROUND: The applicant (Steven Konsella) is requesting approval of a
preliminary subdivision plan and final subdivision plat for property located at 3701 Depew Street. This major
subdivision will create eight residential lots.
Planning Commission heard the case on July 18, 2002, and recommended approval of the preliminary
subdivision plan with no conditions, and approval of the final plat with 4 conditions.
ATTACHMENTS: BUDGETIMPACT:
1. City Council Staff report with exhibits Original budgeted amount: $0
2. Planning Commission minutes Actual contracted amount: $0
3. Planning Commission recommendation form Impact of expenditure on line item: $0
Budget Account No.: N/A
STAFF RECOMMENDATION: Approval with one
condition
ORIGINATED BY: Travis Crane, Planner
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION:
Preliminary Subdivision Plan
"I move to approve Case No. WS-01-01, a request for approval of a preliminary subdivision plan for
property located at 3701 Depew Street and zoned R-1C for the following reasons:
3. The subdivision meets all requirements of the subdivision regulations.
4. The proposed lots all meet the minimum lot area and lot width requirements of the R-
1C zone district regulations."
Final Plat
"I move to approve Case No. WS-01-01, a request for approval of a final plat for property located at 3701
Depew Street and zoned R-1C for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the R-
1C
zone district regulations.
3. The final plat is consistent with the preliminary subdivision plan.
With the following condition:
1. The parkland dedication fees as recommended by the Parks and Recreation
Department be collected prior to plat recordation with Jefferson County."
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: August 26, 2002
CASE NO. & NAME: WS-01-01
DATE PREPARED: August 16, 2002
CASE MANAGER: Travis Crane
ACTION REQUESTED: Approval of a preliminary subdivision plan and final subdivision plat for an eight
lot subdivision
LOCATION OF REQUEST: 3701 Depew Street
NAME & ADDRESS OF APPLICANT(S): Steve Konsella
14232 W. Warren Place
Lakewood, Colorado 80228
NAME & ADDRESS OF OWNER(S): same
APPROXIMATE AREA: 82,972 Square Feet (approximately 1.905 Ac.)
PRESENT ZONING: Residential One-C(R-1 C)
PRESENT LAND USE: Single family home, vacant land
SURROUNDING ZONING: N: & W: Residential-Three (R-3); K. Planned Residential Development
(PRD) and Residential-Three (R-3); S: Residential-Three (R-3) and
Residential One-C (R-1 C)
SURROUNDING LAND USE: N: W: Multi-Family Dwelling; S: Multi-Family and Single
Family; E: Multi-Family Dwelling
DATE PUBLISHED: August 8, 2002
DATE POSTED:
August 12; 2002
DATE LEGAL NOTICES SENT: August 8 2002
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) SUBDWISION REGULATIONS
( ) OTHER
(X) ZONING ORDINANCE
(X) EXHIBITS
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of an eight lot preliminary subdivision plan and final subdivision
plat. (Exhibit 1, Application and Exhibit 2, Applicant Letter). This application was submitted under
previous regulations which required both the preliminary subdivision plan and final plat. Two motions
will be required : one for the preliminary subdivision plan, and one for the final subdivision plat.
II. CASE ANALYSIS
The properties in question are approximately 82,972 square feet in area. The current zoning is
Residential One-C (Exhibit 3, Vicinity Map). There are three existing lots involved in this request: one
has frontage on Depew Street, and the other two have frontage on W. 37'h Avenue. There is a single-
family home on the lot which fronts Depew Street that will remain. This proposal would replat the
properties into an eight lot subdivision (Exhibit 4, Plat).
Lot size and Layout
The R-1C zone district requires a minimum lot size of 5,000 square feet, and a minimum lot width of 50
feet. All proposed lots would meet the minimum lot size requirements for the R-1C zone district. Lots 1
and 2 would both be approximately 8,900 square feet in size. Lot 3 would be the largest lot at almost
24,000 square feet in size. Lots 4, 5, 7 and 8 would all be in excess of 5,000 square feet. Lot 6 would
almost be 7,000 square feet in size. Each lot will be in excess of 50 feet in width.
Access
Two of the proposed lots (Lots 1 and 2) would have frontage and access on Depew Street. The
existing house on Lot 3 would gain access from 37' Avenue. Five of the lots (Lots 4-8) would have
access from W. 37" Avenue. Four of these lots (Lots 4, 5, 6 and 7) would gain access via a private
driveway. Pursuant to Section 26-609 of the Code of Laws, for residential uses, no more than four
dwelling units may use the same recorded easement or private roadway of record. Lots 3 and 8 would
have their own driveways on W. 37' Avenue. In addition to being designated as a cross-access
easement, the private drive would also be utilized as a drainage and utility easement. There are several
plat notes which address the private driveway with respect to maintenance and vehicular access. The
City Traffic Engineer has approved the general locations of all the driveways. There is no Code
requirement for driveways of low and medium residential homes to have a certain spacing (either from
the property lines or each other).
Drain&e
The drainage report has been reviewed and approved by the Public Works Department. The required
detention pond is located in the northwest corner of lot 6. The pond will be located in a non-buildable
tract, and the maintenance and upkeep will be the responsibility of the H.O.A. The pond will outlet on
the northwestern corner of the subdivision and tie into an existing city drainage pipe which runs from W.
37t' to W. 38' Avenue. This pipe has been in place for a number of years, and it flows to the north
where it ties into the city's system at W. 38' Avenue. The pond, located in "Tract A", will receive
flows from lots 4, 5, 6, 7 and 8. The remaining lots will drain via swales onto Depew Street and flow
into the city system.
A preliminary subdivision plan has been included as "Exhibit 5". The Preliminary Plan shows the layout
of the subdivision in a very general form, and shows the contours at one-foot intervals for the property.
Pursuant to Section 26-406 of the Code, the form and content of the Preliminary Plan is general in
nature, and exact dimensions are not required. The sole purpose of this plan is to illustrate the existing
topography of the property.
III. NEIGHBORHOOD MEETING
The meeting for neighborhood input was held on April 3, 2001 in the Municipal Building located at
7500 West 29' Avenue. A sign in sheet (Exhibit 6) and synopsis of the meeting (Exhibit 7) are
included. There were questions about the drainage and the grade change on the properties. One of the
main concerns was the increased traffic on W. 37`h Avenue, and most of the attendees thought the
subdivision would contain too many houses. After this meeting, the applicant reduced the number of
proposed lots from 9 to 8.
IV. AGENCY REFERRALS
All outside service agencies that currently serve the property will continue to serve the property. The
Public Works Department has reviewed and approved the drainage report and final plat document.
There is 715 square feet of dedication required by the city on the north side of W. 37" Avenue. The
purpose of the dedication is to allow the newly constructed sidewalk to align with the existing sidewalk
to the west.
All responding agencies have indicated that they can serve the property, and any improvement costs
will be incurred by the property owner. Xcel energy requested that the standard utility easements be
placed around the perimeter of the property. The water and fire districts have indicated that they can
serve the property, and the proposed plan is acceptable.
V. PLANNING COMMISSION ACTION
Planning Commission heard this case on July 18, 2002, and recommended approval of the preliminary
subdivision plan with no conditions and approval of the final plat with four conditions. Three of the
conditions of approval were related to minor plat note corrections, all of which have been addressed.
The final condition of approval concerned the fee in lieu of parkland dedication as required by the
Parks and Recreation Department. The condition is still valid, and should be part of the approval for
City Council.
Planning Commission Page 3
WS-01-Ol/Konsella
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Chairperson Staff Contact
*Please return to a ty Manager's Otliee for distribution
7500 West 29th Avenue
The City of
Ridge
FAX 303/235-2857
August 12, 2002
Dear Property Owner:
This is to inform you that Case No. WS-01-01 which is a request for approval of an 8-lot major
subdivision plat on property located at 3701 Depew Street and zoned Residential-One C will be
heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at
7500 West 29th Avenue. The meeting will be held on August 26, 2002 at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
CITY COUNCIL on August 26, 2002, at 7:00 p.m. in the City Council Chambers of the
Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The
following petition shall be heard:
Case No. WS-01-01: An application by Stephen Konsella for approval of an 8-lot
major subdivision plat for property zoned Residential-One C (R-1C) and located
at 3701 Depew Street. Said property is legally described as follows:
THE SOUTH 137.43 FEET OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 25, EXCEPT THAT PORTION DESCRIBED IN
RECEPTION NUMBER 82031512 OF THE JEFFERSON COUNTY
RECORDS, TOGETHER WITH THE SOUTH 1 ACRE OF THE EAST 2
ACRES OF THE WEST ONE-HALF, NORTHEAST ONE-QUARTER,
NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER OF
SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY,
COLORADO, EXCEPT THAT PORTION DESCRIBED IN BOOK 755 AT
PAGE 583 OF THE JEFFERSON COUNTY RECORDS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 25; THENCE S. 89°42'07" E. ON AN
ASSUMED BEARING, ALONG THE NORTH LINE OF SAID NORTHEAST
ONE-QUARTER, A DISTANCE OF 1324.08 FEET TO THE NORTHEAST
CORNER OF THE EAST ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 25; THENCE S. 00°00'29" W. ALONG
THE EAST LINE OF SAID EAST ONE-HALF A DISTANCE OF 661.03 FEET
TO THE SOUTHEAST CORNER OF SAID EAST ONE-HALF; THENCE N.
89°46'35" W. ALONG THE SOUTH LINE OF SAID EAST ONE-HALF A
DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF THAT
TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 82031512 OF
THE JEFFERSON COUNTY RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE N. 00°00'29" E. ALONG THE WEST LINE OF SAID
TRACT, A DISTANCE OF 137.43 FEET; THENCE N. 89°46'35" W. ALONG
THE NORTH LINE OF THE SOUTH 137.43 FEET OF THE EAST ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25,
A DISTANCE OF 305.95 FEET TO A POINT ON THE EAST LINE OF THE
WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 25; THENCE N. 00°00'03 E. ALONG SAID EAST LINE, A
DISTANCE OF 193.34 FEET TO THE NORTHEAST CORNER OF THE
SOUTH ONE-ACRE OF THE EAST TWO ACRES OF SAID WEST ONE-
HALF; THENCE N. 89°46'35" W. ALONG THE NORTH LINE OF SAID
SOUTH ONE-ACRE A DISTANCE O 131.69 FEET TO THE NORTHWEST
CORNER OF THE SOUTH ONE-ACRE OF THE EAST TWO ACRES OF THE
WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 25; THENCE S. 00°00'03" W. ALONG THE WEST LINE OF
SAID SOUTH ONE-ACRE A DISTANCE OF 310.77 FEET TO A POINT ON
THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 755
AT PAGE 583 OF THE JEFFERSON COUNTY RECORDS; THENCE S.
89°46'35" E. ALONG SAID NORTH LINE, A DISTANCE OF 131.69 FEET TO
A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 25; THENCE S.
00000'03'W. ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO
THE SOUTHWEST CORNER OF SAID EAST ONE-HALF; THENCE S.
89°46'35" E. ALONG THE SOUTH LINE OF SAID EAST ONE-HALF, A
DISTANCE OF 305.93 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING AN AREA OF 82,972 SQUARE FEET OR 1.905 ACRES
MORE OR LESS.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To be Published: August 8, 2002
Wheat Ridge Transcript
C:\Documents and Settings\kathyflMy Documents\Kathy\CCRPTS\Pubhear\2002\020826.wpd
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713 (303) 234-5900
WHEAT Wheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRidge
26 July 2002
Steven Lister
Lane Engineering Service, Inc.
9500 West 14th Avenue
Lakewood, Colorado 80215
RE: Riley's Roost Subdivision/3701 Depew Street
Dear Mr. Lister:
Please be advised that the Wheat Ridge Planning Commission has recommended approval of the above
mentioned project. I have attached a synopsis of the minutes for your review. There were a few
conditions placed upon the approval, but they were all minor in nature. These items must be addressed
prior to the resubmittal for the City Council hearing, scheduled for Monday, August 26. One week
prior to the public hearing, you will be responsible for submitting eighteen (18) copies of the plat
document to the City. I have listed the corrections below. If you have any questions, feel free to give
me a call. I can be reached at 303.235.2849.
1. The title of the document be changed from "Combined Preliminary and Final Plat" to "Final
Plat".
2. The driveway should be labeled as "Tract B". Note number 5 on the plat should be amended to
reflect maintenance responsibilities of the private driveway. These responsibilities should be of
the homeowner's association, not of the City of Wheat Ridge.
3. Note number 13 should be changed per the comments from the Public Works Department. The
comments from the Public Works Department have been included for your review.
4. Sentence 3 in note number 11 should actually read "No building, fence, or structure..."
5. The required dedication of 715 square feet should be labeled as "Tract C". A note should be
added to the plat which dedicates Tract C to the City of Wheat Ridge.
6. The developer shall contribute $8,175.36 for park dedication as recommended by The Parks
Commission.
Thank You,
Travis R. Crane, Planner
RECYCLED PAPER
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846
FAX 303/235-2857
July 23, 2002
Stephen Konsella
710 Kipling
Lakewood, CO 80215
Dear Mr. Konsella:
Ridge
Please be advised that at its meeting of July 18, 2002, Planning Commission has RECOMMENDED
that City Council approve your request of an 8-lot preliminary subdivision plan for property zoned
Residential-One C (R-1C) and located at 3701 Depew Street for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots.all meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. The introduction of single-family homes in this neighborhood should be of value to the
neighborhood.
Planning Commission has also RECOMMENDED that City Council approve your request of an 8-lot
final subdivision plat for property zoned Residential-One C (R-1 C) and located at 3701 Depew Street
for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. It's in keeping with the preliminary subdivision plat.
With the following conditions:
1. That the minor plat correction concerning plat note #13 be made prior to review by
City Council.
2. That note #5 on the subdivision be changed to read that the homeowners association
shall be responsible for maintenance of the private drive shown herein as Tract B and
the storm water detention area herein shown as Tract A and will not be maintained by
the City of Wheat Ridge.
Stephen Konsella
Page 2
July 23, 2002
3. The developer contribute $8,175.36 for park dedication as recommended by the Parks
Commission.
4. No building, fence or structure will be constructed in the detention area.
Your request is scheduled for a public hearing before City Council at 7:00 p.m. on August 26, 2002.
Please feel free to contact me at 303-235-2846 if you have any questions.
Sincerely,
Kathy Fiel
Administrative Assistant
Enclosures: Draft of Minutes
cc: WS-O1-O1
c1...Wy DawmabVathyTC"TS\PLA OCOMCOI2RESP\2001\W50103
Commissioner McMILLIN asked how the applicant plans to control mosquitoes. Mr. Simon
stated an aerator will be placed in the pond to prevent stagnant water. Another solution is to
place fish in the water.
Commissioner SNOW asked if previous license agreements were being met by this proposed
plan. Jerry Dahl stated that, according to his recollection, they are not relevant to this
application. He will research this prior to the application going to City Council.
It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that
Case No. WZ-00-09, a request for approval of a Planned Commercial Development
preliminary and final development plan and final plat for property located at 3501
Wadsworth Boulevard be denied for the following reasons:
1. Final approval has not been received from CDOT for the Wadsworth Boulevard
access location and street design.
2. The parapet wall will not cover automobiles at a 42-inch height and will need to be
a minimum of 72 inches high for protection of the rooftop vehicles.
Commissioner SNOW requested addition of the following reasons:
3. A car lot and rooftop parking, and especially lights that accompany a car lot,
create visual blight and are not compatible with residential developments to the
west, northwest and south.
4. It is not in keeping with one of the essential desired attributes of the community-
commercial center in the Comprehensive Plan which is "uses that generate sales
tax revenues and support of public services and facilities." A car lot provides far
less sales tax than almost any other retail use.
5. This property is now in the urban renewal area and one of the purposes of
delineating urban renewal areas is also so the city can increase sales tax revenues.
Commissioner COLLI NS agreed to the additional reasons.
The motion passed 6-2 with Commissioners McNAMEE and PLUMMER voting no.
B. Case No. WS-01-01: An application submitted by Stephen Konsella for approval of an
8-lot major subdivision plat for property zoned Residential-One C (R-1C) and located at
3701 Depew.
The case was presented by Travis Crane. He reviewed the staff report and gave a digital
presentation of the subject property. All pertinent documents were entered into the record. He
stated that publication and notice requirements had been met and the Commission had
jurisdiction to hear the case. He clarified that staff suggested a condition of approval that the
shared driveway should be labeled as Tract B on the final plat and not as an easement as
presently shown.
Following questions of clarification, the applicant appeared before the Commission.
Planning Commission Page 7
July 18, 2002
Steve Konsella
710 Kipling, Lakewood, CO
Mr. Konsella was sworn in by Chair WEISZ. He stated that the introduction of single-family
homes into this area would be helpful in rejuvenating the 38th Avenue corridor. The planhas
been developed to retain as many of the mature trees on the property as possible. He explained
that he wanted to retain the 1910 farmhouse on the property rather than scraping it in order to
retain a bit of Wheat Ridge history.
Cheryl Brungardt
5621 West 36th Place
Ms. Brungardt was sworn in by Chair WEISZ. She expressed concern about the impact of
increased traffic in the area as well as the density of the proposal. She did not think the
development would contribute to affordable housing in Wheat Ridge.
James Meeker
3690 Eaton
Mr. Meeker was sworn in by Chair WEISZ. He expressed concern about drainage and fire
access. He felt water in the detention area could breed mosquitoes. He was especially
concerned about a large cottonwood tree on the property that could cause possible damage to
his house.
Duane Luebke
12163 West 30th Place
Mr. Luebke was sworn in by Chair WEISZ. He asked if drainage going under the wall had
been addressed. Alan White stated that all existing flows were taken into account when the city
approved the drainage plan.
Chair WEISZ asked if there were others present who wished to address the matter. Hearing no
response, the public hearing was closed.
It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that
Case No. WS-01-01, a request for an eight-lot preliminary subdivision plan for property
located at 3701 Depew Street be approved for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots all meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. The introduction of single-family homes in this neighborhood should be of value to
the neighborhood.
Commissioner McMillin commended Mr. Konsella for choosing to save the farm house
The motion passed 8-0.
It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that
Case No. WS-01-01, a request for an eight-lot final subdivision plat for property located
at 3701 Depew Street, be approved for the following reasons:
Planning Commission Page 8
July 18, 2002
1. The subdivision meets all requirements of the subdivision regulations.
2. The proposed lots meet the minimum lot area and lot width requirements of the
subdivision regulations.
3. It's in keeping with the preliminary subdivision plat.
With the following conditions:
1. That the minor plat correction concerning plat note #13 be made prior to review
by City Council.
2. That note #5 on the subdivision be changed to read that the homeowners
association shall be responsible for maintenance of the private drive shown herein
as Tract B and the storm water detention area herein shown as Tract A and will
not be maintained by the City of Wheat Ridge.
3. The developer contribute $8,175.36 for park dedication as recommended by the
Parks Commission.
4. No building, fence or structure will be constructed in the detention area.
Commissioner SNOW asked the city to look into the cottonwood tree problem mentioned by
Mr. Meeker. Mr. Konsella stated that he has definite plans to remove the tree.
The motion passed 8-0.
8. OLD BUSINESS
There was no old business to come before the Commission.
9. NEW BUSINESS
There was no old business to come before the Commission.
10. COMMISSION REPORTS
There were no commission reports.
11. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
12. ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner COLLINS
to adjourn the meeting at 10:35 p.m. The motion passed 8-0.
Paula Weisz, Chair
Ann Lazzeri, Recording Secretary
Planning Commission
July 18, 2002
Page 9
7500 West 29th Avenue
The City of
Ridge
FAX 303/235-2857
July 3, 2002
Dear Property Owner:
This is to inform you that Case No. WS-01-01 which is a request for approval of an 8-lot major
subdivision plat on property located at 3701 Depew Street and zoned Residential-One C 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 July 18, 2002 at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
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MetroScan / Jefferson
(C )
Owner
:Jefferson Cnty Hsng Authority
Parcel
021560
Site
:5755 W 37Th Ave Wheat Ridge 80212
Xfered
:10/23/2001
Mail
:6025 W 38Th Ave Wheat Ridge Co 80033
Price
:$715,500 Full
Use
:5112 Res,Apartments,Improved Land
Phone
Becirm:
Bath: TotRm:l YB:1960 Pool:
B1dgSF
:8,568 Ac:
.55
• MetroScan / Jefferson
(CO) •
Owner
:Onstott Stephen P/Susan J
Parcel
:021952
Site
:5700 W 38Th Ave Wheat Ridge 80212
Xfered
:03/03/1998
Mail
:6228 Yarrow St Arvada Co 80004
Price
:$260,000 Full
Use
:1112 Res,Improved Land
Phone
:303-423-3774
Bedrm:
4 Bath:3.75 TotRm: YB:1938 Pool:
B1dgSF
:1,548 Ac:
.72
MetroScan / Jefferson
(CO) •
Owner
:Lafonda Inc
Parcel
:022634
Site
:5766 W 38Th Ave Wheat Ridge 80212
Xfered
:04/27/1999
Mail
:5750 W 38Th Ave Wheat Ridge Co 80212
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.00 TotRm: YB:1937 Pool:
B1dgSF
:897 Ac:
.37
*
• Met=Scan / Jefferson
(CO) •
Owner
:Seiler Harold E
Parcel
:022636
Site
:3720 Fenton St Wheat Ridge 80212
Xfered
Mail
:3720 Fenton St Wheat Ridge Cc 80212
Price
Use
:1112 Res,Improved Land
Phone
:303-424-6588
Bedrm:
Bath:1.75 TotRm: YB:1963 Pool:
B1dgSF
: Ac:
.30
*
; MetroScan / Jefferson
(CO)
Owner
:Padilla Juana/Alejandro P
Parcel
:022912
Site
:5750 W 38Th Ave Wheat Ridge 80212
Xfered
:07/05/2001
Mail
:6698 W Louisiana P1 Lakewood Co 80232
Price
:$130,000 Full
Use
:2112 Com,lmproved Land
Phone
:303-922-6532
Bedrm:
Bath: Tot Rm:l YB:1960 Pool:
B1dgSF
:2,400 Ac:
.45
*
• MetroScan / Jefferson
(CO) •
Owner
:Alcott Minnie Kathrine
Parcel
:023559
Site
:3680 Eaton St Wheat Ridge 80212
Xfered
:08/17/1984
Mail
:3680 Eaton St Wheat Ridge Cc 80212
Price
Use
:1112 Res,Improved Land
Phone
:303-424-8379
Bedrm:
Bath:1.00 TotRm: YB:1955 Pool:
B1dgSF
:952 Ac:
*
• Met=Scan / Jefferson
(CO) •
Owner
:Murchison Masako O
Parcel
:023671
Site
:3695 Depew St Denver 80212
Xfered
:12/02/1993
Mail
:3695 Depew St Denver Co 80212
Price
:$83,900
Use
:1112 Res,Improved Land
Phone
:303-355-7752
Bedrm:
4 Bath:1.75 TotRm: Y3:1917 Pool:
BidgSF
:1,224 Ac:
*
• MetroScan / Jefferson
(CO) •
Owner
:Le Manske Louis D
Parcel
:024663
Site
:5631 W 36Th P1 Wheat Ridge 80212
Xfered
:07/24/1998
Mail
:5631 W 36Th P1 Wheat Ridge Cc 80212
Price
:$145,000
Use
:1112 Res,Improved Land
Phone
:303-431-1094
Bedrm:
Bath:1.75 TotRm: YB:1954 Pool:
B1dgSF
:960 Ac:
.15
*
• MetroScan / Jefferson
(CO) •
Owner
:Chavez Isaac L/Gaylene C
Parcel
:024932
Site
:3655 Depew St Denver 80212
Xfered
:10/05/2000
Mail
:3655 Depew St Denver Co 80212
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.75 TotRm: YB:1956 Pool:
B1dgSF
:1,024 Ac:
*
• MetroScan / Jefferson
(CO) •
Owner
:Hoag Donald L/Hoag Shirley A
Parcel
:025114
Site
:5700 W 37Th Ave Wheat Ridge 80212
Xfered
:04/10/1991
Mail
:PO Box 600 Estes Park Co 80517
Price
Use
:5112 Res,Apartments,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1958 Pool:
B1dgSF
:4,073 Ac:
.28
• Met=Scan / Jefferson
(CO) •
Owner
:Madrid Raymond M/Madrid C J
Parcel
:025500
Site
:5671 W 36Th Pl Wheat Ridge 80212
Xfered
:08/21/1990
Mail
:5671 W 36Th P1 Wheat Ridge Co 80212
Price
:$86,500
Use
:1112 Res,Improved Land
Phone
:303-423-8618
Bedrm:
3 Bath:1.50 TotRm: YB:1954 Pool:
B1dgSF
:1,623 Ac:
Information compiled from various sources. Real Estate Solutions makes no representations
: MetroScan / Jefferson
(CO)
'
Owner
:Meeker James E
Parcel
:025515
Site
:3690 Eaton St Wheat Ridge 80212
Xfered
:02/14/1997
Mail
:3690 Eaton St Wheat Ridge Cc 80212
Price
Use
:1112 Res,Improved Land
Phone
:303-424-2659
Bedrm:
Bath:1.00 TotRm: YB:1955 Pool:
B1dgSF
:952 Ac:
• MetroScan / Jefferson
(CO)
•
Owner
:Brungardt Dennis C
Parcel
:026029
Site
:5621 W 36Th Pl Wheat Ridge 80212
Xfered
:01/03/1995
Mail
:5621 W 36Th P1 Wheat Ridge Cc 80212
Price
Use
:1112 Res,Improved Land
Phone
:303-934-6012
Bedrm:
Bath:1.00 TotRm: YB:1956 Pool:
B1dgSF
:945 Ac:
*
MetroScan / Jefferson
(CO)
•
Owner
:Fischer Gregory J/Barbara R
Parcel
:026452
Site
:5651 W 36Th P1 Denver 80212
Xfered
:01/10/2000
Mail
:5651 W 36Th Pl Denver Cc 80212
Price
:$153,000 Full
Use
:1112 Res,Improved Land
Phone
.
Bedrm:
3 Bath:1.75 TotRm: YB:1954 Pool:
B1dgSF
:1,242 Ac:
*
• MetroScan / Jefferson
(CO)
'
Owner
:George Steven C
Parcel
:026795
Site
:3690 Fenton St Wheat Ridge 80212
Xfered
:11/12/1997
Mail
:3690 Fenton St Wheat Ridge Co 80212
Price
:$128,000 Full
Use
:1112 Res,Improved Land
Phone
:303-691-2835
Bedrm:
5 Bath:1.75 TotRm: YB:1950 Pool:
B1dgSF
:1,189 Ac:
.37
*
• MetroScan / Jefferson
(CO)
•
Owner
:Gary Luebke Trust No 2
Parcel.
:047015
Site
:3765 Depew St Wheat Ridge 80212
Xfered
:07/01/1999
Mail
:12163 W 30Th 21 Denver Co 80215
Price
Use
:5112 Res,Apartments,Improved Land
Phone
Bedrm:
Bath: TotRm:2 YB:1972 Pool:
B1dgSF
:34,599 Ac:
2.03
*
• MetroScan / Jefferson
(CO)
•
Owner
:Konsella StephenF/Susan A
Parcel
:109785
Site
:3701 Depew St Wheat Ridge 80212
Xfered
:03/26/2001
Mail
:14232 W Warren P1 Lakewood Co 80228
Price
:$310,000
Use
:1112 Res,Improved Land
Phone
:303-986-5327
Bedrm:
Bath:1.75 TotRm: YB:1910 Pool:
BldgSF
:920 Ac:
.92
• MetroScan / Jefferson
(CO)
•
Owner
:Konsella Stephen F
Parcel
:111917
Site
:*No Site Address*
Xfered
:03/19/2001
Mail
'~1
:14232 W Warren P1 LakeKut;6 Eb"80228 b„y
I
Price
:$100,000
Use
:1155-Uacarit;R°idential
Phone
:303-986-5327
Bedrm:
Bath: Tot Rm: YB: Pool:
B1dgSF
: Ac:
.46
*
• MetroScan / Jefferson
(CO)
:
Owner
:Gaylord Properties Llc
Parcel
:162664
Site
:3754 Fenton St Wheat.Ridge 80212
Xfered
:08/03/2000
Mail
:2360 Willow Ln Lakewood Co 80215
Price
Use
:5112 Res,Apartments,Improved Land
Phone
Bedrm:
Bath: TotRm:4 YB:1964 Pool:
B1dgSF
:5,381 Ac:
.56
: MetroScan / Jefferson
(CO)
•
Owner
:Sparks Victoria L
Parcel
:176035
Site
:3697 Depew St Wheat Ridge 80212
Xfered
:03/30/1998
Mail
:3833 E 1St St #1 Long Beach Ca 90803
Price
:$173,000
Use
:1112 Res,Improved Land
Phone
:562-987-0130
Bedrm:
Bath:2.00 TotRm: YB:1961 Pool:
B1dgSF
:1,716 Ac:
Information compiled from various sources. Real Estate Solutions makes no representations
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WN EAT RI DGE 82031511
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EMMAP
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 July 18, 2002, at 7:00 p.m. in the City Council Chambers of
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The following
petition shall be heard:
Case No. WS-01-01: An application by Stephen Konsella for approval of an 8-lot major
subdivision plat for property zoned Residential-One C (R-1C) and located at 3701 Depew
Street. Said property is legally described as follows:
THE SOUTH 137.43 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
25, EXCEPT THAT PORTION DESCRIBED IN RECEPTION NUMBER 82031512 OF
THE JEFFERSON COUNTY RECORDS, TOGETHER WITH THE SOUTH 1 ACRE
OF THE EAST 2 ACRES OF THE WEST ONE-HALF, NORTHEAST ONE-
QUARTER, NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER OF
SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO,
EXCEPT THAT PORTION DESCRIBED IN BOOK 755 AT PAGE 583 OF THE
JEFFERSON COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 25; THENCE S. 89°42'07" E. ON AN ASSUMED
BEARING, ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER, A
DISTANCE OF 1324.08 FEET TO THE NORTHEAST CORNER OF THE EAST ONE-
HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25;
THENCE S. 00°00'29" W. ALONG THE EAST LINE OF SAID EAST ONE-HALF A
DISTANCE OF 661.03 FEET TO THE SOUTHEAST CORNER OF SAID EAST ONE-
HALF; THENCE N. 89°46'35" W. ALONG THE SOUTH LINE OF SAID EAST ONE-
HALF A DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF THAT
TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 82031512 OF THE
JEFFERSON COUNTY RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE N. 00°00'29" E. ALONG THE WEST LINE OF SAID TRACT, A DISTANCE
OF 137.43 FEET; THENCE N. 89°46'35" W. ALONG THE NORTH LINE OF THE
SOUTH 137.43 FEET OF THE EAST ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 25, A DISTANCE OF 305.95 FEET TO A POINT ON
THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 25; THENCE N. 00°00'03 E. ALONG SAID EAST
LINE, A DISTANCE OF 193.34 FEET TO THE NORTHEAST CORNER OF THE
SOUTH ONE-ACRE OF THE EAST TWO ACRES OF SAID WEST ONE-HALF;
THENCE N. 89°46'35" W. ALONG THE NORTH LINE OF SAID SOUTH ONE-ACRE
A DISTANCE 0 131.69 FEET TO THE NORTHWEST CORNER OF THE SOUTH
ONE-ACRE OF THE EAST TWO ACRES OF THE WEST ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 25; THENCE S. 00°00'03" W.
ALONG THE WEST LINE OF SAID SOUTH ONE-ACRE A DISTANCE OF 310.77
FEET TO A POINT ON THE NORTH LINE OF THAT TRACT OF LAND
DESCRIBED IN BOOK 755 AT PAGE 583 OF THE JEFFERSON COUNTY
RECORDS; THENCE S. 89°46'35" E. ALONG SAID NORTH LINE, A DISTANCE OF
131.69 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 25; THENCE S. 00°00'03' W.
ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE SOUTHWEST
CORNER OF SAID EAST ONE-HALF; THENCE S. 89°46'35" E. ALONG THE
SOUTH LINE OF SAID EAST ONE-HALF, A DISTANCE OF 305.93 FEET TO THE
TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 82,972 SQUARE FEET
OR 1.905 ACRES MORE OR LESS.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To be Published: June 27, 2002
Wheat Ridge Transcript
Q\Kathy\PCRPTS\PLANGCOM\PUBHRG\2002\020718.wpd
ONE-QUARTER
FH P.M.
I, STEVE KONSELLA, BEING THE OWNER OF THE REAL PROPERTY OF 1.905
ACRES DESCRIBED AS FOLLOWS:
THE SOUTH 137.43 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
EXCEPT THAT PORTION DESCRIBED IN RECEPTION NUMBER 82031512 OF THE
JEFFERSON COUNTY RECORDS, TOGETHER WITH THE SOUTH I ACRE OF THE
EAST 2 ACRES OF THE WEST ONE-HALF, NORTHEAST ONE-QUARTER,
NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER OF SECTION 25,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY
OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, EXCEPT THAT PORTION
DESCRIBED IN BOOK 755 AT PAGE 583 OF THE JEFFERSON COUNTY RECORDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 23; THENCE S. 89° 42' 07" E. ON AN ASSUMED
BEARING, ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER, A
DISTANCE OF 1324.08 FEET TO THE NORTHEAST CORNER OF THE EAST
ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25;
THENCE S. 00° 00' 29" W. ALONG THE EAST LINE OF SAID EAST ONE-HALF A
DISTANCE OF 661.03 FEET TO THE SOUTHEAST CORNER OF SAID EAST
ONE-HALF; THENCE N. 89° 46' 35' W. ALONG THE SOUTH LINE OF SAID EAST
ONE-HALF A DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF THAT
TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 82031512 OF THE
JEFFERSON COUNTY RECORDS AND THE TRUE POINT OF BEGINNING; THENCE
N. 00° 00' 29" E. ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF
137.43 FEET; THENCE N. 89° 46' 35" W. ALONG THE NORTH LINE OF THE SOUTH
137.43 FEET OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF
THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-OUARTER OF SAID
SECTION 25, A DISTANCE OF 305.95 FEET TO A POINT ON THE EAST LINE OF
THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25;
THENCE N. 00° 00' 03" E. ALONG SAID EAST LINE, A DISTANCE OF 193.34 FEET
TO THE NORTHEAST CORNER OF THE SOUTH ONE-ACRE OF THE EAST TWO
ACRES OF SAID WEST ONE-HALF; THENCE N. 89° 46' 35" W. ALONG THE
NORTH LINE OF SAID SOUTH ONE-ACRE A DISTANCE OF 131.69 FEET TO THE
NORTHWEST CORNER OF THE SOUTH ONE-ACRE OF THE EAST TWO ACRES OF
THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 25;
THENCE S. 00° 00' 03' W. ALONG THE WEST LINE OF SAID SOUTH ONE-ACRE A
DISTANCE OF 310.77 FEET TO A POINT ON THE NORTH LINE OF THAT TRACT
OF LAND DESCRIBED IN BOOK 755 AT PAGE 583 OF THE JEFFERSON COUNTY
RECORDS; THENCE S. 89' 46' 35" E. ALONG SAID NORTH LINE, A DISTANCE OF
131.69 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 25; THENCE S. 00' 00' 03" W.
ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE SOUTHWEST
CORNER OF SAID EAST ONE-HALF; THENCE S. 89° 46' 35" E. ALONG THE
SOUTH LINE OF SAID EAST ONE-HALF, A DISTANCE OF 305.93 FEET TO THE
TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 82,972 SQUARE FEET
OR 1.905 ACRES MORE OR LESS.
V
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
July 18, 2002
Case No. WS-01-01: An application submitted by Stephen Konsella for approval of an 8-lot major
subdivision plat for property zoned Residential-One C (R 1C) and located at 3701 Depew Street.
Name Address In Favor/Opposed
C_ke2-VI 13ruv_ce rd,+ 5(,aI W,36' PL, C) se-d'
- ~377s- w`,ti✓
/ J- /(P3 6Q 3e k
~GbrO gal ;S 3`l0 l vJ r-+-, ~L1 V,D
MMMIM
11 Depew Street - a request for approval of
8 lot subdivision for property zoned R-1 C
Planning Commission
2002
No rezoning is necessary.
Two motions will be required: One for the
Preliminary Subdivision Plan, and one for the Final
Plat.
A condition of approval should be added
which reads: "The shared driveway should
be labeled as 'Tract B'. This correction
should be made prior to the hearing at City
Council."
Preliminary Subdivision Plan is general in
nature ; exact measurements are not required.
2
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: July 18, 2002
DATE PREPARED: July 10, 2002
CASE NO. & NAME: WS-01-01
CASE MANAGER: Travis Crane
ACTION REQUESTED: Approval of a preliminary subdivision plan and final subdivision plat for an eight
lot subdivision
LOCATION OF REQUEST: 3701 Depew Street
NAME & ADDRESS OF APPLICANT(S): Steve Konsella
14232 W. Warren Place
Lakewood, Colorado 80228
NAME & ADDRESS OF OWNER(S): same
APPROXIMATE AREA: 82,972 Square Feet (approximately 1.905 Ac.)
PRESENT ZONING: Residential One-C(R-1 C)
PRESENT LAND USE: Single family home, vacant land
SURROUNDING ZONING: N: & W: Residential-Three (R-3); E. Planned Residential Development
(PRD) and Residential-Three (R-3); S: Residential-Three (R-3) and
Residential One-C (R-1 C)
LAND USE: N: & W: Multi-Family Dwelling; S: Multi-Family and Single
Family; E: Multi-Family Dwelling
DATE PUBLISHED: June 27, 2002
DATE POSTED: July 3, 2002
DATE LEGAL NOTICES SENT: July 3, 2002
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) SUBDIVISION REGULATIONS
( ) OTHER
(X) ZONING ORDINANCE
(X) EXHIBITS
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of an eight lot preliminary subdivision plan and final subdivision
plat. (Exhibit 1, Application and Exhibit 2, Applicant Letter). This application was submitted under
previous regulations which required both the preliminary subdivision plan and final plat. Two motions
will be required : one for the preliminary subdivision plan, and one for the final subdivision plat.
II. CASE ANALYSIS
The properties in question are approximately 82,972 square feet in area. The current zoning is
Residential One-C (Exhibit 3, Vicinity Map). There are three lots involved in this request: one has
frontage on Depew Street, and the other two have frontage on W. 37" Avenue. There is a single-family
home on the lot which fronts Depew Street that will remain. This proposal would replat the properties
into an eight lot subdivision (Exhibit 4, Plat).
Lot size and Layout
All proposed lots would meet the minimum lot size requirements for the R-1C zone district. Lots 1 and
2 would both be approximately 8,900 square feet in size. Lot 3 would be the largest lot at almost
24,000 square feet in size. Lots 4, 5, 7 and 8 would all be in excess of 5,000 square feet. Lot 6 would
almost be 7,000 square feet in size. The R-1C zone district requires a minimum lot size of 5,000 square
feet. Each lot will be in excess of 50 feet in width. The R-1 C zone district requires a minimum lot width
of 50 feet.
Access
Two of the proposed lots (Lots 1 and 2) would have frontage and access on Depew Street. The
existing house on Lot 3 would gain access from 37' Avenue. Five of the lots (Lots 4-8) would have
access from W. 37' Avenue. Four of these lots (Lots 4, 5, 6 and 7) would gain access via a private
driveway. Pursuant to Section 26-609 of the Code of Laws, for residential uses, no more than four
dwelling units may use the same recorded easement or private roadway of record. Lots 3 and 8 would
have their own driveways on W. 37' Avenue. In addition to being designated as a cross-access
easement, the private drive would also be utilized as a drainage and utility easement. There are several
plat notes which address the private driveway and vehicular access. The City Traffic Engineer has
approved the general locations of all the driveways. There is no Code requirement for driveways of
low and medium residential homes to have a certain spacing (either from the property lines or each
other.)
Drainage
The drainage report has been reviewed and approved by the Public Works Department. The required
detention pond is located in the northwest comer of lot 6. The pond will be located in a non-buildable
tract, and the maintenance and upkeep will be the responsibility of the H.O.A. The pond will outlet on
the northwestern comer of the subdivision and tie into an existing city drainage pipe which runs from W.
37`h to W. 38`h Avenue. This pipe has been in place for a number of years, and it flows to the north
where it ties into the city's system at W. 38 `h Avenue. The pond, located in "Tract A", will receive
flows from lots 4, 5, 6, 7 and 8. The remaining lots will drain via swales onto Depew Street and flow
into the city system.
A preliminary subdivision plan has been included as "Exhibit 5". The Preliminary Plan shows the layout
of the subdivision in a very general form, and shows the contours at one-foot intervals for the property.
Pursuant to Section 26-406 of the Code, the form and content of the Preliminary Plan is general in
nature, and exact dimensions are not required. The sole purpose of this plan is to illustrate the existing
topography of the property.
III. NEIGHBORHOOD MEETING
The meeting for neighborhood input was held on April 3, 2001 in the Municipal Building located at
7500 West 29`h Avenue. A sign in sheet (Exhibit 6) and synopsis of the meeting (Exhibit 7) are
included. There were questions about the drainage and the grade change on the properties. One of the
main concerns was the increased traffic on W. 37`h Avenue, and most of the attendees thought the
subdivision would contain too many houses. After this meeting, the applicant reduced the number of
proposed lots from 9 to 8.
IV. AGENCY REFERRALS
All outside service agencies that currently serve the property will continue to serve the property. The
Public Works Department has reviewed the drainage report and final plat document. The drainage
report has been approved. The final plat is in need of one minor correction, which is not severe enough
to warrant either a continuance or denial. Note number 13 should actually read : "Blockage of drainage
swales along the northerly and southerly property lines of lots 5, 6, 7 and 8, by solid fences,
landscaping, or other permanent structures is prohibited." Approval of the plat should carry a condition
that the correction be made.
There is 715 square feet of dedication required by the city on the north side of W. 37`h Avenue. The
purpose of the dedication is to allow the newly constructed sidewalk to align with the existing sidewalk
to the west.
All responding agencies have indicated that they can serve the property, and any improvement costs
will be incurred by the property owner. Xcel energy requested that the standard utility easements be
placed around the perimeter of the property. The water and fire districts have indicated that they can
serve the property, and the proposed plan is acceptable.
V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed subdivision meets or exceeds all requirements as set forth in Chapter
26, specifically the R-1C zone district, and the subdivision regulations. Therefore, staff recommends
Planning Commission Page 3
WS-01-OI/Konsella
APPROVAL of Case No.WS-01-01.
VI. RECOMMENDED MOTIONS
You may recall a recent change to the Code which abolished the Preliminary Subdivision Plan. This
application was filed before the change occurred, therefore, a preliminary subdivision plan is still
required. Even though this is a combined preliminary and final subdivision plat, there will be two
separate motions required.
"I move that Case No. WS-01-01, a request for an eight lot preliminary subdivision plan, for property
located at 3701 Depew Street, be APPROVED for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations
2. The proposed lots all meet the minimum lot area and lot width requirements of
the subdivision regulations.
"I move that Case No. WS-01-01, a request for an eight lot final subdivision plat, for property located
at 3701 Depew Street, be APPROVED for the following reasons:
1. The subdivision meets all requirements of the subdivision regulations
2. The proposed lots all meet the minimum lot area and lot width requirements of
the subdivision regulations.
With the following condition:
1. That the minor plat correction concerning plat note # 13 be made prior to
review by City Council."
Planning Commission Page 4
WS-01-01/Konsella
fwee,r LAND USE CASE PROCESSING APPLICATION fwecnr
° vm Planning and Development Department _ ° Po
7500 West 29" Avenue, Wheat Ridge, CO 80033
co oan°° Phone (303) 235-2846 cocoeno°
(Please print or type all information)
Applicant f1-ePtAen F. rlvv5e(la Address 1 {'L3 W. WP, Phone r.s'653z
City LAIZ-t%wc D State Cam-, Zip y0 2 zg Fax;io3 232 -69 i r
Owner -SAME Address Phone
City State Zip Fax
Contact SA-wtE- Address Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide. additional information when necessary, post
public hearing signs, and will receive a copy of the staff report prior to Public Hearing.)
Location of request (address): ~37o t
Type of action requested (check one or more of the actions listed below which pertain to your request.)
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception [9 Subdivision: Major (More than 5 lots)
❑ Interpretation of Code Preliminary ❑ Final
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Zoning Ordinance Amendment ❑ Other:
Detailed description of request:
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage): Q-PP• _.v 2 Az .
Current Zoning: I'A Proposed Zoning: P 1 C-
Current Use: Y'Aa- 1-i i Proposed Use: 5i jg,l 1e Fra.w ko inn a,-,
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this
application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action
cannot lawfully be accompli tied. App)icants other than owners must submit power-of-attorney from the owner which approved of
this action on his behalf. ~l
Signat!are of Applicant `
Subscribed and sworn tome this day of J r 200
Ioiary Public 7SllU ~ G /
My commission expires 9,1y_,200 /
V14
Date received p / Fee $ ,0/1 .Q ~Receipt No. IlYja Case No. L"50101
Comp Plan Desig. Zoning K7 ^ / G Quarter Section Map A/C~S-
Related Case No. Pre-App Mtg. Date Case Manager
s
EXHIBIT 2
PROPOSAL FOR 8 HOMESITE, SINGLE
FAMILY COMMUNITY
37TH & DEPEW STREET
The property located at 3701 Depew is an approximately 2 acre plot of land surrounded
by an established residential (some multi-family) neighborhood. The land currently
consists of 3 adjoining lots. One parcel is located just one block south of 38"' Ave. and
just four blocks west of Sheridan Blvd. on Depew street with the other 2 parcels adjoining
37`h Avenue immediately to the west (see exhibit 1). The Depew parcel is approximately 1
acre in size while the 2 parcels to the west each measure approximately 1/2 acre. They are
each zoned Rl-C. The surrounding properties are primarily zoned R-3. Adjacent to the
property to the east, north, and west are apartment buildings of 12 units or more. To the
south, along Depew, are several duplexes.
The property features an 1910 farmhouse which was added onto in 1950. This home has
been renovated and is once again occupied. There are enormous trees on the property
many of which might have been planted around the time of the original home being built.
The trees, along with several outbuildings, give the property a rural feel in spite of its
urban setting.
The current RC-1 zoning allows for 5000 square foot single family lots. The parcels could
feasibly be subdivided into as many as 12 homesites. I propose that the parcels be
subdivided into a total of just eight sites with the existing home occupying one of the
eight. Replatting the parcels to create a total of 8 lots while retaining the original
farmhouse would enhance the surrounding neighborhood by adding needed single family
homes to an area which contains much multi-family housing. At the community meeting,
it was proposed that the parcels be subdivided into a total of 9 sites. In part due to
neighborhood concerns, lot sizes have been increased And now just 8 homesites are being
requested.
In order for the rear homesites to be accessible, a private drive will be installed accessing
37"' Avenue. The entrance to the drive is a natural location for a private drive as there is
little traffic in the area. This drive would be no less than 30 feet wide and would have a
sufficient turnaround area for emergency services. A highly visible address plaque at the
entrance and at each home would easily identify, for emergency services and others, the
homes accessed from the private drive. A homeowners association would be responsible
for maintenance on that portion of the drive which rests on their lot.
The positives of this proposed development include;
1. The historic farmhouse, which has been renovated, will remain as a reminder of Wheat
Ridges' rural past.
2. The majority of trees, at least a dozen of which are 60 feet tall, would remain.
3. The homes, being just a block south of 38'h Avenue, will aid in the rejuvenation of 38"'
Avenue.
4. The homes, which I expect to be in the 1500 - 2000+ square foot range would likely
bring families into the neighborhood, again aiding in the revitalization of the
neighborhood. It is anticipated that these homes will sell at prices in the $225,000 -
$250,000 range. The homes will be traditional in design so as to fit in with the
existing neighborhood.
5. Traffic in the area would be only minimally increased especially when compared to
other potential uses for the property.
Please feel free to contact me with any questions and thank you for your consideration.
Sincerely,
c
Steve Konsella
-72-o . S6o. 9 26 2.-
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WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
NE 25
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MAP ADOPTED: June 15, 1994
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HEREBY DEDICATED BY THIS PLAT
RILEY'S ROOST SUBDIVISION PRELIMINARY PLAT
A PORTION OF LAND LYING IN THE EAST HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TO'WNSHIP' 3 SOUTH RANGE 69 WEST, IN THE CITY OF WHEAT RIDGE, JEFFERSON
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DESCRIPTION
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OF WHEAT RIDGE JEFFERSON COUNTY, COLORADO, EXCEPT NAT PORTION
DESCRIBED IN B60K 755 AT PACE 583 OF THE JEFFERSON COUNTY RECORDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OWNER/DEVELOPER
STEVE KONSnLA
710 KIPLING ST.
UNPLATTEO
LAKEWOOD, CO. 80215
PRD ZONING
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NUMBER OF LOTS 8
SMALLEST LOT 5186 SQUARE FEET
LARGEST LOT OT 24,180 SQUARE FEET
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AREA 82,97 82,9]2 SQUARE FEET
AREA OF PUBUC
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DEDICATION 92 SQUARE FEE
CURRENT ZONING R-IC
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BENCHMARK:
ELEVATIONS ARE BASED ON CITY OF WHEAT RIDGE BENCHMARK ON NORTH
ONE-QUARTER CORNER OF SECTION 25. WHICH HAS AN ELEVATION OF
HUNDREDS HAVE BEEN DROPPED FROM THE
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7500 West 29' Avenue City of
Wheat Ridge, Colorado 80215 Meat Ridge
Telephone (303)235-2846
Fax (303)235-2857 EXHIBIT 7
Date: 3 April 2001
City Staff Present: M. Reckert, T. Crane, M. Garcia, S. Nugyen, M. Pesicka
Location of Meeting: City Hall: second floor conference room
Property Address: 3701 Depew Street
Property Owner: Steve Konsella Property Owner Present? Yes
Applicant: Steve Konsella
Existing Zoning: R-1C Comp Plan Designation: SF (6)
Existing use/site conditions: 3 lots with one farmhouse located on one of the lots, the remainder of
the land is vacant.
Applicants proposal: Subdivide into nine (9) lots to develop single family housing. The
farmhouse will remain. The lots which abut 37`h Place will be
approximately 5000 square feet.
Issues discussed: There were a few comments about the drainage, particularly from the
property owner directly to the west. There was also a question of
extending the curb and gutter along 37' Place. The property owner to
the south had concerns about a grade change between the driveway to
the farmhouse and his property. There were comments about the
existing trees on the west side of property. Some comments about the
cottonwoods on the property were made. A few of the attendees
would like to see these cottonwoods removed. The property owner to
the west would like to see the row of trees on the west side of the
property maintained. Many of the attendees were concerned about the
parking situation along 37`h Place. They asked the applicant if sufficient
parking would be supplied at each house. The applicant was asked if
each house would contain a double driveway and garage. A question
was asked of the applicant if the garages would be attached: he was
unsure at the moment. A question was asked of the size of the lots,
which drew some criticism. There was concern in the spacing of the
homes on these small lots. The issue of cost was raised b
attendees. A question was asked by the homeowner to the west if a
fence would be built along the western property line. Most attendees
were extremely concerned about the traffic along 37th Place. A few
neighbors wanted to see the homes constructed out of brick to make
them more compatible with the surrounding neighborhood. A concern
about the density for the proposal came up a few times : most
attendees thought this project would be too dense thereby increasing
traffic and creating an unsafe neighborhood. A question was asked of
Public Works if 37`h Place would be widened. A question was asked
of the applicant how the lot sizes of the homes would compare to the
surrounding neighborhood. One attendee told the applicant he would
prefer to see only four homes built on the property. A majority of the
attendees showed concern for a family of foxes which inhabit the
property.
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 235-2868 Ridge
FAX 303/235-2857
Mr. Richard Romberg, P.E.
Lane Engineering Service, In
9500 West 14 th Avenue
Lakewood, Colorado 80215
Re: Riley's Roost, W. 37 th Avenue at Eaton Street- Sixth Review
Comments • Final Drainage Study, Grading • Erosion Control Pla
Subdivision Plat & W. 37 th Avenue Street Construction Plans I
I have completed the sixth review of the above referenced documents
for the Riley's Roost Subdivision received on July 1, 2002, and have
the following comments:
Drainage Plan(s)
1. Please show the proposed drainage swale to flow in the drainage
easement on Lot 6 and not flowing through the center of the lot.
2. Please give the necessary bearing(s) and dimension(s) to the new
manhole west of Lot 6 that will allow the surveyors to accurately
locate it in the field.
Please provide 2 signed and stamped sets of the drainage report and
plan with the seventh submittal.
Street Construction Plans
1. The baseline along W. 37' Avenue needs to be shown on the plan
view with the appropriate bearings and distances needed to locate in
the field. This should be done for the baseline for the private
drive as well for construction purposes.
Subdivision Plat
1. Note #13 needs to read, "Blockage of drainage swales along the
northerly and southerly property lines of Lots 5,6,7 and 8, by solid
fences, landscaping, or other permanent structures is prohibited.,,
Any questions related to these plat corrections can be addressed to
Mr. Dave Brossman, P.L.S. at 303-235-2858.
Traffic Engineering
A copy of the Street construction plans has been forwarded to the
City's Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for
review and had no comments at this time.
Subdivision Improvement Agreement
Upon City Council approval of the Final Plat, a Subdivision
Improvement Agreement will need to be executed by the project
owner/developer.
Application for minor Dumping/Landfill Permit
Prior to the commencement of any onsite grading, an Application for
Dumping/Landfill Permit, along with fees due will need to be
submitted for review and approval.
Right-of-Way Construction Permit(s)/Licensing
Prior to any construction of the public improvements, the necessar
right-of-way construction permit(s) and respective licensing will
need to be submitted for processing by the City. I
Please return all red-lined prints with the seventh submittal.
If you have any questions, please contact me at 303-235-2868.
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713
(303) 234-5900
Wheat
"Ridge
City Admin. Fax # 234-5924
18 June 2002
Richard Romberg, P.E.
Lane Engineering Service, Inc.
9500 West 14" Avenue
Lakewood, Colorado 80215
Police Dept. Fax # 235-2949
RE: Riley's Roost Subdivision/3701 Depew Street
Dear Mr. Romberg:
Included are the corrections required by the Public Works Department for the above mentioned
project. Because these corrections are minor in nature, a public hearing has been scheduled in front of
the Wheat Ridge Planning Commission on Thursday, July 18. One week prior to the public hearing,
you will be responsible for submitting eighteen (18) copies of the plat document to the City. There will
be one change required by the Planning Department on the plat document. A subtitle should be added
to the document which reads: "A combined preliminary and final plat". If you have any questions, feel
free to give me a call. I can be reached at 303.235.2849.
Thank You,
Travis R. Crane, Planner
60 RECYCLED PAPER
City of Wheat Ridge
Planning and Development Department
Fax Transmittal
TO: Steve Konsella
FROM: Travis Crane
SUBJECT: Riley's Roost Review
DATE: 2 April 2002
Steve:
Here are the most recent comments for the Riley's Roost Subdivision. I have mailed a set of comments
to Dick Romberg at Lane Engineering as well. You should be aware that the City will charge a
resubmittal fee of $150.00 to be paid at the time of the next submittal. If you have any further questions,
feel free to give me a call.
Thank You,
-3
Travis R. Crane, Planner
City of Wheat Ridge
303-235-2849 (voice)
303-235-2857 (fax)
travisc@ci.wheatridge.co.us
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713
(303) 234-5900
City Admin. Fax # 234-5924
2 April 2002
Dick Romberg
Lane Engineering
9500 W. 14' Avenue
Lakewood, Colorado 80215
Police Dept. Fax # 235-2949
RE: Riley's Roost Subdivision Review
Dick:
Wheat
Ridge
I have completed my review of the Riley's Roost Subdivision located at 3701 Depew Street, and I
have the following comments:
1. Plat:
✓ A. The detention pond in lot 6 should be located in a tract. There should be a note which
states that this tract is to be maintained by the H.O.A.
VB. There should be a note which is added that reads: "no solid fencing will be allowed for
the northern and southern property lines for lots 5, 6, 7 and 8."
Please make all corrections prior to resubmittal. You should be aware that comments made by the
Public Works Department may impact my comments. You should also be aware that the City charges a
resubmittal fee for a review after the second submittal. You will be subject to these fees at the time of
this next submittal. If you have any further questions, feel free to give me a call. I can be reached at
303.235.2849.
Thank You,
Travis R. Crane, Planner
,f) RECYCLED PAPER
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 235-2868 Ridge
FAX 303/235-2857
April 2, 2002
Mr. Richard Romberg, P.E.
Lane Engineering Service, Inc.
9500 West 14t' Avenue
Lakewood, Colorado 80215
Re: Riley's Roost, W. 37t' Avenue at Eaton Street-Fourth Review
Comments of Final Drainage Study, Grading & Erosion Control Plan,
Subdivision Plat & W. 37t" Avenue Street Construction Plans
Dear Mr. Romberg,
I have completed the fourth review of the above referenced documents
for the Riley's Roost Subdivision received on March 4, 2002, and have
the following comments:
Drainage Study (Discussion)
Page 7
1. Please state the locations where the runoff at the adjacent
properties can be expected.
Page 8
2. The Public Works Department has consulted with the Building
Department and concluded that we will require a letter from the soils
engineer stating that soil tests have been performed and the engineer
has determined that the detention pond location will not compromise
the proposed/existing structures foundations bordering the pond.
This will be required to assure sub-surface drainage and ground water
will not effect the proposed/existing foundations adjacent to the
pond.
3. Discuss maintenance of the pond. Who is responsible for this
maintenance?
4. Discuss the type of surface that will line the pond in the report.
5. Discuss the volume required and what is provided in the
discussion.
6. The pond is not be located in an easement but its own Tract. This
is to place the responsibility of the maintenance on the H.O.A.
rather than a single property owner.
7. Please include metering orifice size in the discussion.
8. Please include where the emergency overflow for the pond will be
located and the projected flow path.
9. There is no soil data that is included in the report to support
the concept of a recharge inlet. There is no detail or depth that is
called out for this recharge inlet. The recharge inlet should be
eliminated and a swale constructed along the north property line of
lot 6 that will convey flows to the pond.
10. Please provide P.E. seal and signature on the final approved
report.
Drainage Study (Appendix)
1. The 8" clay pipe has been evaluated at full flow capacity. In
order for this pipe to flow at full capacity, it would have to be
pressurized by having a required amount of head at the inlet of the
pipe.
Drainage Plan(s)
1. Area drain is to be eliminated.
2. Rock channel callout needs to have size of rock that meets UDFCD
requirements.
3. Please provide clear, concise cross-sections at the locations
shown in the pond area.
4. The storm sewer easement should be called out with appropriate
dimension.
5. The Section D cross-section appears to be holding water between
the swale and property line. Please adjust to eliminate this
depression.
6. The storm manhole at the 8" clay pipe only has to have a standard
3' diameter top with a concrete box that can be poured to minimize
the impact to the area. The concrete box needs to be formed allowing
flows to pass through with minimal impact to the flows. Please
include a detail of this concrete box design in the detail section.
7. Please provide (when appropriate) P.E. stamp and signature.
Please provide 2 signed and stamped sets of the drainage report and
plan with the fifth submittal.
Grading & Erosion Control Plan
1. Grading at the north property line needs to have a swale that will
allow flows to get the pond instead of having the recharge inlet.
Street Construction Drawings
1. The plan and profile sheet needs to show the connection from the
new drivecut for the single family residence to the existing drivecut
to the south on Eaton Street. This connection is to satisfy the ADA
Regulations.
2. Need to include the city standard detail for the mountable curb,
gutter and walk on the detail sheet. This has been provided for your
implementation into the plan set.
3. The City requires a 2' minimum patchback area. Please correct this
note on the plan and profile sheet.
4. If proposing to use accessibility ramps, please use the city
standard detail that has been enclosed for implementation on the
detail sheet. If applicant is going to use the Mountable Curb Corner
Ramp, please correct the detail to show that there will not be a
sidewalk going onto the private property/drive.
5. Please include the city detail of the concrete pan if the
Mountable Curb Corner Ramp is to be used at this location. This
detail is enclosed for implementation into the plan set. No pan is
necessary with the standard drive cut due to the gutter pan that is
monolithically poured with this detail. Please specify if you are
going to use the standard drive cut or use an asphalt entrance with a
concrete pan.
6. Please provide a detail of the new curb cut in relation to
existing driveway cut at the east end.
Subdivision Plat
1. The Detention Pond Easement area will need to be changed to a
"Non-Buildable" Tract A.
2. Notes 5 and 11 will need the language changed from Detention Pond
Easement to Tract A, as shown on the "red-line" comments on the
submitted plat.
3. Please indicate all zoning.
Any questions related to these plat corrections can be addressed to
Mr. Dave Brossman, P.L.S. at 303-235-2858.
Traffic Engineering
A copy of the Street construction plans has been forwarded to the
City's Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for
review and had no comments at this time.
Subdivision Improvement Agreement
Upon City Council approval of the Final Plat, a Subdivision
Improvement Agreement will need to be executed by the project
owner/developer.
Application for Minor Dumping/Landfill Permit
Prior to the commencement of any onsite grading, an Application for
Dumping/Landfill Permit, along with fees due will need to be
submitted for review and approval.
Public Improvements Cost Estimate & Guarantee
Prior to any construction commencing for the required public
improvements within the W. 371h Avenue and Depew Street right-of-way,
an itemized engineer's cost estimate will need to be submitted for
review and approval. Upon acceptance of this estimate, a letter of
credit reflecting_total_costs of the_approved _cost _estimate _plus 25%,
will need to be submitted by the owner/developer for review and
approval.
Right-of-Way Construction Permit(s)/Licensing
Prior to any construction of the public improvements, the necessary
right-of-way construction permit(s) and respective licensing will
need to be submitted for processing by the City.
Please return all red-lined prints with the fifth submittal.
If you have any questions, please contact me at 303-235-2868.
Sincerely,
MiLhael Garcia
Development Review
cc: Greg Knudson,
Steve Nguyen,
Dave Brossman,
Travis Crane,
File(3)
Engineer
City Engineer
Traffic Engineer
City Surveyor
Planner
Rileysroost-review4.1tr
City of Wheat Ridge
Planning and Development Department
Fax Transmittal
TO: Dick Romberg
FROM: Travis Crane
SUBJECT: Easement For 3701 Depew Street
DATE: 12 February 2002
Dick:
Please find the following attached easement for 3701 Depew Street. If you have any questions, feel free
to give me a call.
Thank You,
Travis R. Crane, Planner
City of Wheat Ridge
303-235-2849 (voice)
303-235-2857 (fax)
travisc@ci.wheatridge.co.us
.
~ - .
~9~'
x«yu~ ti ROBERT W. NEWTON,x.a.,,a.,,
EASEMENT
THIS '===ENT made and entered into by and between
RAYMOND H. STEBBBINS and PERSIS D. STEBBINS, of the County of
Jefferson, State of Colorado, parties of the first part, and the COUNTY
OF JEFFERSON, a body politic and corporate of the State of Colorado,
party of the second part, WITNESSSETH
For the consideration and sum of $1.00, in hand paid by
- - party of the second part to parties of the first, part, parties of the first
part hereby grant and convey unto the party of the second part, an case-
ment over and 'under the following described property situate in the -
County of Jefferson, State of Colorado,- Lo-wit: -
The East 5 feet of the property described as
follows; -
Beginning at a point 99 feet East of the South
}vest corner of the Wt :l-E- TT,' NE; of Section
25, Township 3 South, Range 69. West; thence
northerly`and parallel with the West line of said
W NE-1 NW9 NE-k of Section 25 a distance of
660 feet to the centerline of West 38th Avenue;
thence Easterly (along said renterLine of West
38th avenue) 99 feet; thence Southerly (parallel
with the West line of said Wl NEg N ;'fin NE..`,- of
. said Section 25) a distance of 660 feet; thence
Westerly 99 feet to the point of beginning,
for the purposes of constructing, maintaining,. and operating an under-
ground and coverer] the drain line,. which shall be at least two feet below
the ground surface and which shall be by the party of the second part, in-
stalled not later than sixty -(60)days from the date -hereof, and on failure
so to do, this easement shall become null and void and of no effect and
shall cease thereupon to exist.
This easement is made and granted upon theconditions
that the. party of the second part shall, at all times, proper!%, maintain
said tiledrain line. and shall, provide proper and adccuate grills 'where
waters are collected to be drained through such line to safeguard persons
or property from any injury or damage by virtue of any openings to, or
connections with, said tile drain line, and shalt, at all times, save and
hold harmless the parties of the first part, their heirs or assigns, from
any claims, damages, suits, or demands arising out of, or connected
with, the construction, operation or maintenance of the same.
IN WITNESS WHEREOF, the parties of the first part have
hereunto set their hands and Seats this <c_•.:.. day of NIay, 1953.
\•\,.(SEAL)
(SEAL)
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713
(303) 234-5900
City Admin. Fax # 234-5924
4 February 2002
Dick Romberg
Lane Engineering
9500 W. 14th Avenue
Lakewood, Colorado 80215
Police Dept. Fax # 235-2949
RE: Riley's Roost Subdivision Review
Dick:
Wheat
GRidge
I have completed my review of the Riley's Roost Subdivision located at 3701 Depew Street, and I
have the following comments:
General:
A. The 8" clay pipe which was located on the western property line of Lot 6 and 7 in a
City easement is a viable option for drainage. Staff feels that it would be extremely
beneficial to further explore this option. Since the pipe is located within a City
easement, you will not need to procure any additional easement rights.
Plat:
A. A signature block needs to be added for the Director of Public Works.
B. All the adjoining lot lines must be shown with dashed lines.
C. Lot 4 does not meet the City's minimum lot size for the R-1 zone district. The minimum
square footage for a lot located in the R-1C zone district is 5,000 square feet.
D. Lots 4 and 8 do not meet the City's minimum for lot width in the R-1C zone district.
Both of these lots must be at least fifty feet in width at the point of tangency with the
public right-of-way.
E. The dedication directly adjacent to 37t1i Avenue must be clearly labeled with a unit of
measure. The current plat shows a total square footage for the dedicated area, but you
must also show a linear measure of width.
F. The easement note in Lot 6 should actually read: "10' Utility and Drainage Easement.
See Note 3."
G. The scale should be noted on the plat.
H. Lot 9 Evelyn Subdivision is actually zoned R-1 C not R-3.
1. The three lots of the Anderson Subdivision to the east are actually Lots 8, 9 and 10.
J. In the case history box, "WS-01-01" should be included.
K. A note should be included which grants access to all the lots by way of the private
drive. This note should read: "The owner, his successors and assigns grants limited
rights and privileges of access to and free movement through those areas indicated as
:,1 RECYCLED PAPER
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713 (303) 234-5900
WHEAT heat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~idge
`cross-access/ingress-egress easements', as illustrated upon this plat. Such grant of
easement shall be limited to the owners, tenants, customers and guests of the owners
and shall furthermore grant access to and free movement through said easements to
those entering said easements from similarly recorded easements from adjacent
properties and/or from abutting public streets." Since this private drive will become an
access, drainage and utility easement, Lots 4, 5, 7 and 8 need not have the ten foot
easement adjacent to the private drive.
L. The drainage and utility easements for Lots 4, 5, 7 and 8 need to be corrected. The ten
foot easements should be on the north and south sides of these properties, while the five
foot easements should be on the east and west sides. As mentioned in note number "K"
above, the ten foot easement may be removed for Lots 4 and 5 on the west side, and
Lots 7 and 8 on the east side. The private drive will function as a working easement.
M. You should be aware that new addresses will be assigned for these lots by the City.
Once provided, these addresses will need to be located on the plat before it is
recorded with the County.
N. The subdivider will be responsible for providing park land dedication for this
subdivision. Pursuant to Section 26-421(D), any subdivider of residential land shall be
required to provide the City with park land dedication. The most acceptable way to
provide this dedication to the City is in the form of a cash-in-lieu payment. The park
land dedication fee for this subdivision will be $8,175.36. This fee shall be paid prior to
recordation of the plat.
Please make all corrections prior to resubmittal. You should be aware that comments made by the
Public Works Department may impact my comments. You should also be aware that the City charges a
resubmittal fee for a review after the second submittal. If any corrections need to be made after the next
submittal, you will be subject to these fees. If you have any further questions, feel free to give me a call.
I can be reached at 303.235.2849.
Thank You,
Travis R. Crane, Planner
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City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Steve Konsella
FROM: Travis Crane
SUBJECT: 3701 Depew Street; Riley's Roost
DATE: 25 October 2001
I have completed the second review of the submitted final subdivision plat for the property referenced
above, and I have the following comments:
Agency Referral:
A. All documentation from responding agencies has been included for your review. If you
have specific questions about these comments, you should contact the agency which
generated the comments.
2. Planning and Development Review:
A. There should be signature blocks for the Planning Commission, City Council, City
Clerk, Mayor, Director of Planning and Development, Director of Public Works,
owner and notary. I have included a standard example of these signature blocks for
your reference.
B. There should be a Notes heading which includes the following:
1. "No vehicular access shall be permitted from West 37' Avenue for Lot 4."
2. "Ten-foot (10') wide easements are hereby granted on private property
adjacent to all public streets and front and rear property lines of each lot in the
subdivision or platted area. Five-foot (5') wide easements are hereby granted
on private property adjacent to all side lot lines of each lot in the subdivision or
platted area. These easements are dedicated for the installation, maintenance,
and replacement of electric, gas, television cable, and telecommunications
facilities. Utilities shall also be permitted within any access easements and
private streets in the subdivision. Permanent structures and water meters shall
not be permitted within said utility easements."
3. "The H.O.A. shall be responsible for maintenance of the private drive."
4. "Lot 8 may only gain vehicular access from West 37' Avenue."
5. "Parking is not permitted on the private drive."
6. "The private drive should be clearly signed as fire access."
C. There should be a case history box added to the plat.
D. The adjoining lots should be shown with a broken or dashed line. Within these adjoining
lots, the pertinent information describing the lot, i.e. lot number, subdivision name,
zoning, or unplatted land should be shown.
E. The required dedication at the northeast corner of 37`h Avenue between lots 3 and 4
should be shown.
F. Each of the measurements for lot size should be consistent in form, i.e. either 5186
square feet or 5,186 square feet.
G. There should be a surveyor certificate block.
H. The private drive should be twenty-four feet (24') in width.
If you have any further questions, feel free to give me a call.
Thank you,
Travi rane., Planner
City of Wheat Ridge
303-235-2849 (voice)
303-235-2857 (fax)
travisc@ci.wheatridge.co.us
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Steve Konsella
FROM: Travis Crane, Planner
SUBJECT: 3701 Depew Street Subdivision (Riley's Roost)
DATE: 24 July 2001
Steve:
The submittal for the Riley's Roost Subdivision located at 3701 Depew Street has been reviewed by
the Planning and Public Works Departments. I am returning to you a comment sheet which will detail all
corrections which need to be made before a date in front of Planning Commission is set. If you have
any further questions, feel free to give me a call.
Thank you
Travis R. Crane, Planner
City of Wheat Ridge
303-235-2849 (voice)
303-235-2857 (fax)
travisc@ci.wheatridge.co.us
& Xcel EnergysM
PUBLIC SERVICE COMPANY
July 23, 2001
tsGPa ~~G
CITY OF WHEAT RIDGE
PLANNING DEPARTMENT ~a0> O
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033
Re: Riley's Roost Subdivision Preliminary Plat (Travis Crane)
Siting and Land Rights
550 15th Street, Suite 700
Denver, Colorado 80202-4256
Telephone: 3 03.5 71.7799
Facsimile: 303.571.787 7
Public Service Company of Colorado (PSCo) has reviewed the development plans for Riley's
Roost Subdivision Preliminary Plat. To ensure that adequate utility easements are available
within this development, PSCo requests that the following dedication language or plat note, be
placed on the preliminary and final plats for the subdivision:
Eight-foot (8) wide utility easements are hereby granted on private
property adjacent to the front and rear lot lines of each lot in the
subdivision or platted area including lots, tracts, parcels and/or open
space areas. These easements are dedicated for the installation,
maintenance, and replacement of electric, gas, television cable, and
telecommunications facilities. Utilities shall also be permitted within any
access easements and private streets in the subdivision. Permanent
structures and water meters shall not be permitted within said utility
easements.
PSCo also requests that these utility easements be depicted graphically on the preliminary and
final plats. While these easements should accommodate the majority of utilities to be installed
in the subdivision, some additional easements may be required as planning and building
progresses.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification
Center, at 1-800-922-1987; 'to have all utilities located prior to construction. If PSCo has
existing gas or electric distribution facilities in this area, the developer should contact PSCo's
Engineering Department at (303) 980-3877, regarding the use or relocation of these facilities
and/or any grading activities on or near these lines.
If you have any questions about this referral response, please contact me at (303) 571-7029.
Thank You,
J es
Lara
oi~~ - ~o
ontract Right-of-Way Processor
SWMD: Single-family
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Meat
Telephone 303/ 235-2868 Ridge
FAX 303/235-2857
July 20, 2001
Lane Engineering Services, Inc.
9500 West 14b1 Avenue
Lakewood, Colorado 80215
Re: Riley's Roost, W. 37th Ave. at Eaton Street - First Review
Comments of Final Drainage Study, Grading & Erosion Control Plan,
Subdivision Plat & W. 37th Street Construction Plans
Dear Lane Engineering,
I have completed the first review of the above referenced documents
for the Riley's Subdivision received on July 2, 2001, and have the
following comments:
Drainage Study (Discussion)
1. The design points indicate that there is an increase in runoff
from the site. This not an acceptable release rate, or location. The
adjacent property to the north cannot be expected to accept the
concentrated runoff from this development.
2. The individual lots will have to contain perimeter swales to
prevent runoff from flowing from property to property. This is to
control the nuisance flows.
3. The lot on the northwest corner will be saturated with the current
design. The street is allowing for concentrated flow onto the
property. There are at least 2 lots that are currently sheet flowing
onto the property. There is serious concern regarding the amount of
flow that will be directed into this lot.
4. The 70 foot wier is not an acceptable solution for this
development.
5. Please discuss the 2 - plastic pipes in the wier. What are the
consequences when these plug up? Who will maintain these pipes since
they will most likely plug up quickly due to the size?
6. Please provide P.E. seal and signature on the final approved
report.
Drainage Study (Appendix)
1. The developed basin calculations for "D3" does not include a land
cover for the private drive. Please include this in the appendix.
2. The developed basin calculations for "D4" does not include a land
cover for the private drive. Please include this in the appendix.
Drainage Plan(s)
1. Swales should be located on each of the properties to carry flows
to the respective runoff locations.
2. There are concerns regarding the 70' weir that channels the runoff
into the private property to the north.
3. Please provide (when appropriate) P.E. stamp and signature.
Please provide 2 signed and stamped sets of the drainage report and
plan with the second submittal.
Grading & Erosion Control Plan
1. The proposed grading plan is not acceptable. Swales should be
located on the respective lots to prevent nuisance flows sheet
flowing from lot to lot.
2. Please provide drivecuts locations on the plan for evaluation by
the Traffic Engineer.
3. The erosion control plan should have some form of erosion control
at the northeast side of the site.
Street Construction Drawings
1. Standard, engineered plan and profile street construction
drawings will need to be prepared for the required public
improvements along the W. 37th Avenue frontages after the Planning
Commission meeting. For your information and implementation into the
submittal, a copy of the City's Street Construction Plan Checklist is
included. Also, relevant City standard details (monolithically placed
6" mountable curb and gutter & sidewalk section, drivecut detail,
patchback detail, and standard driveway), have been provided for
implementation into the requested plan.
Subdivision Plat
1. Several Certification Blocks are required for the Final Plat:
a. Owner & Notary
b. Planning Commission
c. Chairman of Parks & Recreation Commission
d. Director of Planning and Development
e. Director of Public Works
f. Mayor/ City Clerk
g. County Clerk & Recorder
h. Surveyor's Certification
2. Need to show vicinity map and case history box.
3. Identify set and/ or found pins, and include in legend.
4. Indicate lots/ block numbers.
5. Show utility easements with language (i.e., dedicatory statement).
6. Identify Point of Beginning.
7. Add "more particularly described as" portion to Legal Description
including Parcel boundary bearings/distances, and Section tie.
8. Need Basis of Bearing statement.
9. Sewer's do not need to be on the Final Plat.
10. Right-of-Way dedication along W. 37th Ave. may need to adjusted
depending upon the sidewalk design submitted.
Any questions related to these plat corrections can be addressed to
Mr. Dave Brossman, P.L.S. at 303-235-2864.
Subdivision Improvement Agreement
Upon City Council approval of the Final Plat, a Subdivision
Improvement Agreement will need to be executed by the project
owner/developer. For the developer/owner's information and review, a
sample copy of this agreement is provided.
Application for Minor Dumping/Landfill Permit
Prior to the commencement of any onsite grading, an Application for
Dumping/Landfill Permit, along with fees due will need to be
submitted for review and approval. For your information and submittal
in the second review package, a copy of this permit is provided.
Traffic Engineering
A copy of the construction plans has been forwarded to the City's
Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for review and
has the following comments:
1. Right-of-Way dedication will be required to place the new curb,
gutter and sidewalk on W. 37 th Avenue.
2. The west lot adjacent to W. 371h Avenue will have to access the
private drive to minimize the number of driveways on 37th Avenue.
Public Improvements Cost Estimate & Guarantee
Prior to any construction commencing for the required public
improvements within the W. 37th Avenue right-of-way, an itemized
engineer's cost estimate will need to be submitted for review and
approval. Upon acceptance of this estimate, a letter of credit
reflecting total costs of the approved cost estimate plus 25%, will
need to be submitted by the owner/developer for review and approval.
Right-of-Way Construction Permit(s)/Licensing
Prior to any construction of the public improvements, the necessary
right-of-way construction permit(s) and respective licensing will
need to be submitted for processing by the City.
Please return all red-lined prints with the second submittal.
If you have any questions, please contact me at 303-235-2868.
Sincerely,
Michael Garcia
Development Review Engineer
cc: Greg Knudson,
Steve Nguyen,
Dave Brossman,
Travis Crane,
File (3)
City Engineer
Traffic Engineer
City Surveyor
Planner
Rileysroost-review 1.Itr
City of Wheat Ridge ~ 1
Department of Public Works
MEMORANDUM
TO: Travis Crane, Planner
FROM: Michael Garcia, Development Review Engineer r1~
DATE: July 19, 2001
SUBJECT: WS-01-01; 3701 Depew Street, Major Subdivision ofapprox. 1.9 acres creating 8 single family
lots.
The Public Works Department has reviewed the Planning Department referral dated July 2, 2001 for the
above referenced site, and has the following comments:
1. The proposed Preliminary Plat has been forwarded to Dave Brossman, P.L.S. for review. Subsequent
comments will be coordinated in writing to the preparer of this document, Lane Engineering Service, Inc.
2. A Subdivision Improvement Agreement will need to be executed by the developer/owner upon City
Council approval of the proposed Final Plat.
3. The Final Plat will need to be recorded with Jefferson County no later than ninety (90) days after the
execution of the Subdivision Improvement Agreement.
4. We are in receipt of the required final drainage report. Subsequent comments will be coordinated in
writing to the preparer of this document, Lane Engineering Service, Inc.
5. We will need engineered construction plans based upon the City's street construction plan criteria, and
prepared by a Colorado licensed professional engineer, for the public improvements required to be
constructed along the W. 3r Avenue frontage.
6. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In
conjunction with the requirements ofthis permit, an erosion control plan may need to be submitted for review
and approval.
7. Prior to recording the Final Plat, an irrevocable letter of credit, in which the City is designated as
beneficiary, for one hundred twenty-five percent (125%) of the total cost of the proposed public
improvements, will need to be submitted by the developer/owner to serve as guarantee for the value ofthose
public improvements (as determined bythe itemized cost estimate prepared by the project's civil engineer-of-
record), that are required to be constructed per item 5 above.
cc: Alan White, Planning & Development Director
Greg Knudson, City Engineer
Steve Nguyen, Traffic Engineer
Dave Brossman, City Surveyor
File
W9 01-01_wf ml.mem
MEMORANDUM
TO: Travis Crane, Planner
FROM: BiII Cassel, City Forester
DATE: July 5, 2001
SUBJECT: Case # W8-01-01, 3701 Depew St.
I have received a referral for the above project. At this time, I have no comments. There
are a number of significant trees on the property, and I would like to be kept informed. I
will keep the file open. Please feel free to contact my office with any questions you may
have.
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
DATE: 2 July 2001
The Wheat Ridge Department of Planning & Development has received a request for a major subdivision at the property
described below. Your response to the following questions and any comments on this proposal would be appreciated by 23 July
2001. No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WS-01-01
LOCATION: 3701 Depew Street, Wheat Ridge, Colorado 80033.
REQUESTED ACTION: Major subdivision of approximately 1.9 acres which will create 8 single family lots.
PURPOSE: To create 8 single family lots on properties zoned as R-IC.
APPROXIMATE AREA: 1.9 acres
Issues for consideration include the following:
ok The adequacy of public facilities or services provided by your agency to serve this development.
oC The availability of service lines to the development.
O K The adequacy of capacities to service the development.
• or. Servicing of this proposed development subject to your rules and regulations.
• Specific easements that are needed on this or any other document.
Any comments which would affect approval of this request by your agency.
Please reply to: Travis Crane (303)235-2849 Completed by: 1f1dCA- 1,616 71 z/o
Department of Planning & Development (Name, Agency/Department, Date)
Fax: 303/235-2857
DISTRIBUTION:
(X)
Water District
(X)
Sanitation District
(X)
Fire District
(X)
Xcel Energy
(X)
Qwest Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
(X) AT&T Broadband
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
(X) WHEAT RIDGE Public Works Dept.
(J) WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/.235-2846 Ridge
DATE: 2 July 2001
The Wheat Ridge Department of Planning & Development has received a request for a major subdivision at the property
described below. Your response to the following questions and any comments on this proposal would be appreciated by 23 July
2001. No response from you by this date will constitute no objections or concems regarding this proposal.
CASE NO: WS-01-01
LOCATION: , 3701 Depew Street, Wheat Ridge, Colorado 80033.
REQUESTED ACTION: Major subdivision of approximately 1.9 acres which will create 8 single family lots.
PURPOSE: To create 8 single family lots on properties zoned as R-1 C.
APPROXIMATE AREA: 1.9 acres
Issues for consideration include the following:
The adequacy of public facilities or services provided by your agency to serve this development.
The availability of service lines to the development.
The adequacy of capacities to service the development.
Servicing of this proposed development subject to your rules and regulations.
Specific easements that are needed on this or any other document.
Any comments which would affect approval of this request by your agency. /,'wG V-cr ~r She j f
Please reply to: Travis Crane (303)235-2849
Department of Planning & Development
Fax: 303/235-2857
DISTRIBUTION:
(X) Water District
(X) Sanitation District
(X) Fire District
(X) Xcel Energy
(X) Qwest Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Completed bb~ -7-ZO -o/
(Name, Agency/Department, Date)
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
(X) AT&T Broadband
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
(X) WHEAT RIDGE Public Works Dept.
(7) WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Steve Nguyen
FROM: 'Meredith Reckert
SUBJECT: No parking
DATE: April 16, 2001
Jerry DiTullio left a voice message on my phone yesterday regarding the proposed development
at 3701 Depew Street. If you recall, a meeting was held with the neighborhood regarding a
proposed subdivision which includes property accessing to West 37`h Avenue and Eaton Street.
Both Eaton Street and West 3611 Place further to the south are very narrow. Apparently, the
tenants of the nearby apartment complexes park in the streets which creates a burden on existing
property owners and also creates sight triangle obstructions. These concerns were also
expressed at the neighborhood meeting. Jerry wondered if we would consider posting "no
parking" signs or parking by permit? Let's talk.
c: Konsella file
FINAL
DRAINAGE REPORT
RILEY'S ROOST
West 37 1h Avenue at Eaton Street
WHEAT RIDGE, COLORADO
June, 2001
Revised:
September, 2001
Prepared By
LANE ENGINEERING SERVICE, INC.
9500 West 10 Avenue
Lakewood, Colorado 80215
303-233-4042
K90-1
CONTENTS
ARTICLE
PAGE
INTRODUCTION
Site Location
2
Site Description
2
Proposed Project Description
2
Flood Hazard and Drainage Studies Relevant
to the Site
4
HISTORIC (PRESENT) DRAINAGE SYSTEM
Major Basin
6
Subbasin and Site Drainage
6
PROPOSED (IMPROVED) DRAINAGE SYSTEM
Criteria
7
Runoff
7
Detention
8
Streets
8
CONCLUSIONS
Discussion of Impact of Improvement 9
Compliance with Applicable Criteria 9
Areas in Flood Hazard Zone 9
APPENDICES
Hydrologic and Hydraulic Computations 10
Standard Design Tables and Charts
DRAINAGE MAPS AND PLANS
Drainage Maps, Plans and Construction Details
1
INTRODUCTION
SITE LOCATION
1. City, County, Street Grid:
The subject tract is located north of West 37th Avenue at
Eaton Street within the City of Wheat Ridge, Jefferson
County, Colorado. A vicinity map appears on page 3.
2. Adjacent Development:
Surrounding land is in mixed-density residential use.
SITE DESCRIPTION
1. Existing Topography, Ground Cover, Use, Etc.:
Sloping to the north and west, on grades of approximately
three percent, the 1.90 acre site is presently occupied by a
single family house and various small out-buildings. Vacant
portions of the site are covered with native vegetation
and trees.
2. Existing Drainage Facilities:
There are no storm drainage facilities or natural drainage
channels within or adjacent to the site.
PROPOSED PROJECT DESCRIPTION
1. Residential Development:
The site will be divided into eight single family building
lots. The existing house will occupy one lot. Two lots will
face Depew Street and five lots will have access to the
intersection of West 37th Avenue and Eaton Street over a
common private drive.
Site grading will direct stormwater runoff from impervious
parts of the developed site to the street gutters of West
37th Avenue and Depew Street. Peak major storm runoff
discharge to adjacent private properties will be less than
historic rates.
2
FLOOD HAZARD AND DRAINAGE STUDIES
1. Relation to Major Basins:
The site is within, and near the upper limit of the Clear
Creek Major Basin, more than a mile south of the Clear Creek
channel.
A portion of a relevant FIRM, with the site identified,
appears on Page 5.
4
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NATIONAL FLOOD INSURANCE PROGRAM
FIRM
FLOOD INSURANCE RATE MAP
CITY OF
WHEAT RIDGE,
COLORADO
JEFFERSON COUNTY
ONLY PANEL PRINTED
COMMUNITY-PANEL NUMBER
085079 0005 C
MAP REVISED:
FEBRUARY4,1988
Federal Emergency Management Agency
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Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App:Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
50101
! Quarter Section Map No.:
NE25
K_onsella
Related Cases:
tephen
Case History:
8-lot major subdivision
ame
ame
_
14232 W
Warren PI
.
.
Review Body:
PC
Lakewood, CO 80229
- "
303.986-5327
APN:
39.251-00-015
ame
2nd Review Body:
CC
ame
2nd Review Date:
Fame
Decision-making Body:
CC
3701
Approval/Denial Date:
De ew Street
- -
heatRidge,C080033
Reso/Ordinance No.:
Conditions of Approval:
Project Planner: rane
File Location: ctive
Notes:
Follow-up:
District: i
Date Received: /29/2001
Pre-App Date:
K5
CITY OF WHEAT RIDGE
NOTICE OF NEIGHBORHOOD INPUT MEETING
FOR REPLATTING
Steve Konsella is proposing a replatting of lot lines regarding the property located at 3701 Depew
Street. The date and time of the meeting is April 3rd, 2001 at 6:00 p.m.
The location of the meeting is 7500 W. 29`h Ave.
The purpose of this proposal is to subdivide the property into individual lots in order to build
single family residences.
The City of Wheat Ridge has adopted a requirement that, prior to application for subdividing a
property, an applicant must notify all residents within 600 feet and invite them to a Neighborhood
Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the
neighborhood and also allow the neighborhood to express directly to the applicant, their concerns,
issues, and desires.
A Staff Planner will attend the meeting to discuss City policy and regulations and the process
involved, however, the Planner will remain impartial regarding the viability of the project.
Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered
as testimony, it is the public hearings in front of the Planning Commission and City Council where
decisions are rendered. If you want input in the decision making process, it is imperative that you
attend the public hearings.
The type of concerns residents normally have include the following:
• Is the proposal compatible with surrounding land uses and zoning?
• Are there adequate utilities and services in place or proposed to serve the project?
• What is the impact on our streets?
• Where will the storm drainage go?
• How will the project be designed to enhance rather that detract from the neighborhood?
• What specific changes can be made to the proposal to make the proposal more acceptable to
me?
After attending the Neighborhood Input Meeting, please use the following space and, if needed,
the back of this form to list any specific concerns, issues, or suggestions which you may have
regarding this proposal. Please sign it and give it to the applicant, as he is required to provide
these forms to the City along with his formal application.
Print Name
pr ~ i-~: U
'Rzopoz ~11
Address
zO y C)k dry
Phone
9551 AV:
H 901H AV,
W 391H AVE
9
TH AVE
H
0
91u PE
3865
3860
3860
H N r
NI~~ N :N35
'
3850'
N
0 N N
3
8
(\,00 N rlo 4
38401
3EN16
0) m CO
cum- r ~o o.0
38309.
IV
N N N
3825
if IL0.0 N N INq
3820-
N
815
3810
4
790
Lo
3'~30~~ O
3390
3780
N O
N 0
ro N N
w 00 O
5
3770
N N
N N N N
N y) N f) 3 7 N 5
Y4
y)
N
Jig
3754
-Alas
3
3' •''9
3740
3760
3730
O
O 3035
Nr1)
911q Ni111
N -
3715
3720
N9))
25
3710
O1N)
LO
NOD CO LnllCO
3720
3700
N N
U371N
N
3690
36
3 O 36H
3675
3685
_
In
_
3665
3665
3660 0
4
3655
N N
:
- J~
3645
3640
3630
1e (Jl
6
3625
3625
3620
-36
05
3605.
~'cnn H O 00 CO
4595
-
C iJ
N
I
/
3585
3590-,0 _ON-_ HO
3585
0
_
3570
0 Oki)
lCl9
y
3560
3565
N NN NN
3SS5
w
3550 m
v 3545
3550
3540
3545
~q4 0
3530
TL-
3530
~~,1
3515
.s~G
V
ti :SiH avE
a asrH AVE
W
A
H 39TH AVE
u 35RG AVE
H 334 AVE
P 3380 AVE
GDT-DYHA P
g6COLUMBIA HEIGHTS SCHAD
,a
Wheat Ridge Planning and Development Department
PRE-APPLICATION MEETING SUMMARY
Date: Zo I:e6 o1
Attending Applicant: Address/Phone:
Attending Owner: ,~e Address/Phone:
P
Attending Staff: -Fc",.L, A. (2,,cw~, M. GXU,( M. b. BroSSm , A. vi; S
tx M ~U ~G1
1'`CYJ3r1 /
Address or Specific Site Location: ':3710 1 tsP St.
Existing zoning: 2•tc,
Existing Comp. Plan: SF (to ~U;S per Acre
Applicant/Owner Preliminary Proposal:
lw-
tI- ~ ,9-'~(N ~'1 SacHntXn ~atS .4o.,1& '~w} o~. 37
92tuk or ~[pEw wowLd 11y/G 2 N2W hprvwS
ADOlication(s
* Building Permit Only * Planned Unit Development
* Zone Change * Variance
Site Plan * Temporary Use Permit
* Minor Subdivision * Conditional Use Permit
* Major Subdivision * Special Use Permit
* Street Vacation * Lot Line Adjustment
Planning Division Public Works
Easements
Roads/Transportation
Setbacks
Survey Info.
Use
Drainage/Erosion
Height
Control
Zoning
Flood Plain
Landscaping
Traffic
Parking
ROW Vacation
Signs
ROW Dedication
Comp Plan
- Public Improvements
Access
Building Division
Soils
Height
Utilities
Fire Access
L
Planning Division's comments:
• I.o}S So.A-N C1.}1 5 °A, Oh
l»vr -6 acct as 3-8)` Are Lov i~ ¢ lot,_( pnrsle diwz)
• NiV,st how. (~,•nk5 wi:{'l. Rzr. r.~ Corn+v:.5s:c.... C S..b clv,s:o r.,
1f K.O.W. baarati« .s ,~~.lvea , 5,6rkns;a ; ht2rw. CVK C,,..&l is V<1,.uru1.
Prlv.le Mr, vrWA Vmk Q last a
70'
Frm+ ~1u d5 v~aa ill b< c.,. 3'!'b~
Must hod d a Y u r hw h.°A w utn phar to sob V,,;}bl.
Ch e o~ Zoh;n~ prottsl (•pw.[i take cc Ynonrl.s, Ana we.,d be e,cutsszr`t ^1v
b d a ri "S-40&
Public Works Department's comments:
• - Mu.SF re• ~\YT' Ia1S ~ SV..,~ 5wf~wc.a'..~ arws.
Reguh~e F1w,~ 4rars5e QoPar{~ W ~ C7teEwn Co•.ivl Grad~..~ t~aa. ~w Cw'C1rt $rEe.
Mwct ,tip Juu ',rne vow mckS C Cwr b }kc V, t%V_)
I~nss,6le R•O.w. dadc~4on ol• 3'li~ Fslov+ ( 5:4uall. a6b 5T+"- Ea,lw. St• quo,
Building Division's comments:
Other comments:
5hw.ld +f Iv wcF1, ~,40• 4'r •ItlCr.hw..d ead~vs~ hre 4~ drz~..tS
Staff Initiat~;; TFC~ -AApplicant initials:
ok
-ALTHOUGH STAFF REACTION MAY BE FAVORABLE AT THE TIME OF PRE-APPLICATION MEETING, THE FINAL RECOMMENDATION
MAY CHANGE DUE TO INFORMATION UNAVAILABLE TO THE STAFF OR APPLICANT AT THE PRE-APPLICATION MEETING. THE
CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL INFORMATION AT ANY TIME DEEMED NECESSARY FOR THE PROPOSED
PROJECT.
e:\p1a ing\forms\preappmt
TO: City of Wheat Ridge
FROM: Steve Konsella
RE: Replatting 3701 Depew Street
DATE:February 14, 2001
Attached is a proposal regarding the future use of the property at 3701 Depew Street for
your consideration. There are four exhibits attached to assist you in evaluating this
proposal. If you have questions prior to our meeting on February 20, please call me at
720-560-9262 (cell) or 303-986-5327 (home).
Thank you.
The property located at 3701 Depew is an unusual one. Rarely is an approximately 2 acre
plot of land available for residential development within such an established neighborhood.
The land currently consists of 3 adjoining lots. One parcel is located just one block south
of 38s' Ave. and just four blocks west of Sheridan Blvd. on Depew street with the other 2
parcels adjoining 37°i Avenue immediately to the west (see exhibit 1). The Depew parcel
is approximately 1 acre in size while the 2 parcels to the west each measure approximately
'h acre. They are each zoned RI-C. The surrounding properties are all zoned R-3 (see
exhibit 2). Adjacent to the property to the east, north, and west are apartment buildings of
12 units or more. To the south, along Depew, are several duplexes.
The property features *)1910 farmhouse which was added onto in 1950. There are
enormous trees on the property many of which might have been planted around the time
of the original home being built. The trees, along with several outbuildings, give the
property a rural feel in spite of its urban setting. The question I have for the City of
Wheat Ridge regards the future use of the property. There appear to be several options as
discussed below;
Option I
As mentioned, the property is surrounded by multi-family housing. It might therefore
make sense for the property to go through the re-zoning process with the intent being a
change to R-3 zoning. Such zoning would allow for the construction of multi-family
housing similar in design to the surrounding neighborhood. Vacancy rates in the area are
very low suggesting a strong demand in the area for additional multi-family housing. The
parcel along Depew in particular would work well as an R-3 zoned lot given the number
of apartments along both sides of Depew in the 3700 block. Perhaps there is an option IA
which would seek to re-zone just this Depew parcel leaving intact the RI -C zoning on the
2 western parcels.
Option 2
The RI-C zoning allows for the construction of a `group home' for seniors. The Depew
parcel would comfortably allow for one group home, with up to 8 residents, while the
other 2 parcels could be combined to allow for another group home of 8 residents.
Option 3
The third option would, I believe, be the preference of the City of Wheat Ridge and the
surrounding neighbors. The current RC-I zoning allows for 5000 square feet single family
lots. Replatting the two parcels to create 8 lots and retain the original farmhouse on a
ninth lot would enhance the surrounding neighborhood offering several advantages over
options 1 & 2 (see exhibit 3). The advantages are:
1. The historic farmhouse would be renovated and remain as a reminder of Wheat
Ridges' rural past.
2. The majority of trees, at least a dozen of which are 60 feet tall, would remain.
3. The homes, being just a block south of 38 h Avenue, will aid in the rejuvenation of 38t'
Avenue.
4. The homes, which I expect to be in the 1500 - 1900 square foot range (see exhibit 4),
would likely bring families into the neighborhood, again aiding in the revitalization of
the neighborhood. It is anticipated that these homes will sell at prices in the $225,000
- $250,000 range.
5. Traffic in the area would be only minimally increased especially when compared to
other uses for the property.
The 2 parcels are of sufficient size to allow for 12 homesites of 5000 or more square feet.
To do so, however, would require 2 private streets and the demolition of the existing
home and outbuildings. As shown in exhibit 3, I am proposing the re-platting of the
current 3 parcels into a total of just 9 homesites. One of these lots would contain the
original farmhouse on a 20,000+ square foot site. Of the other 8 lots, four will be over
6200 square feet.
In order for the single family homesites shown in exhibit 2 to be feasible, a private drive
would be required for the 4 rear lots along 37"' Avenue. The entrance to the drive is a
natural location for a private drive as there is little traffic in the area and the drive would
not abut any current landowners. This drive would be no less than 30 feet wide and would
have a turnaround area at it's end of 1800+ square feet. A highly visible address plaque at
the entrance and at each home would easily identify, for emergency services and others,
the homes accessed from the private drive. The homeowners would be responsible for
maintenance on that portion of the drive which rests on their lot.
A 50' wide city street is of course the alternative to the private drive. The feasibility of
such a street is, I believe, questionable. The street would dead-end requiring a turnaround
or cul-de-sac. The long, narrow lot dimensions would result in the street taking up a
disproportionate share of the parcel. The result would be that only four lots would fit
with three of them being just 80' deep. The street, because it would not be a through
street, would be used by just the streets' residents. It seems to make sense that a private
drive could conveniently and safely accommodate these residents.
I currently have the property under contract with a March closing anticipated. The
questions that I have for the City of Wheat Ridge are:
1. Would the city agree to a private drive and the replatting of lots as shown in exhibit 3,
and
2. If so, in what timeframe might the replatting occur. The timeframe is a principle
consideration because the primary asset is the home which cannot be sold prior to
replatting; and lastly
3. Is it possible to divide just the Depew parcel (allowing the home to be sold separately)
prior to replatting the more involved western parcel?
~X~Ie1T G
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OFFICIAL
ZONING MAP
NHFAT RIDGE
COLORADO
MAP ADOPTED: June 15, 1994
Last -Revision: September 16, 1996
ZONE DISTRICT BOUNDRY
- PARCEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
asp CITY LIMIT LINE
WATER FEATURE
• DENOTES MULTIPLE ADDRESSES
N 25
r o
o m wo aro 9m 4x
SCALE 1'-400
DEPARTH34r OF PL WN5 AND DEV9APMw - 235.7852
~Xkt5rr 3
PA6tE !
l5LstL-a +lµ~~= l0 k~ET
31ti%
LOT 1 L'ar 2
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110
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130
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13'1.43'
~11:PEw
sue, = 10 Fir
= EXtSrW 4 2 CAA
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s'PP,IVEWAY
FO-R EKtS'rjf4(A
}{oN1E~CURREn1T~
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s
i
ri
Savor the Summer
This plan features:
- Four bedrooms
- Two full and one half baths
A efficient home with a friendly
front Porch and a practical back
Porch
A cozy fireplace and a boxed
window with a built-in seat in the
Living Room
A formal Dining Room opening
to front entrance and Kitchen
A well-equipped Kitchen with an
old-fashion booth and adjoining
Laundry area and back Porch
® A convenient, first floor Master
Suite with two closet and a
private Bath
FmsT FLOOR - 931 sQ. Fr.
SECOND FLOOR 664 sq. Fr.
7t_~_ D
E
M Br
148 x 9-8
II\III/1111
Kitchen
DN
Go
10-9
00 CL3
X
9-10
0
3
Dining
or
10-9 x 10
Living
it-6 x 18-0
Porch
bit
First Floor
Br 2
10-6 x 13-6
Br 3
15-6 x 9-6
Br 4 /
12-6 x 13-10
Second Floor
0
Garage
O O 20/6 x 22
Optional Master Bath
r------------. /
i Walk f
O O
Dining
Master
10 x 10/6
16 x 13
04,
O ~1
Kitchen
Br. #3
00
14
x
110
10 x 11
t
~e
~
~r
° N-IF
V
Family Room
21/4x15
Br.#2
1216 x 1112
WIDTH 43,
-
DEPTH 42'6"
Porch
F
23/6. 6
7' Nv~
Easy Living
This plan features:
- Three bedrooms
- Two full baths
A covered, front Porch shelters
the entry to this home
Family Room is enlarged by
vaulted ceiling above a cozy fire-
place
The L-shaped Kitchen includes a
work island and Dining Area
2 The Master Bedroom has two
building options for its private
Bath
® Both of the secondary Bedrooms
have walk-in closets
■ No material list is available for
this plan
MAIN Rom - 1,474 sQ. Fr.
GARAGE - 454 s Fr.
DOTAL LIVING AREA
1, 474 sQ FT a
c 11?