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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 p 3 ZZOM& AD TV a T NB SOFT. 5795 I i SOM O a ` IbP7833~ W o T~ i 5 j25 m~ S w CL9A0,iT. ~ s ug wV~ I LOT A WF"T tils 1 1 -1 Na O og '.a.rm,,& ; 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 N ~ i SCALE 1-- RLJ ZE ~ ~ OIYJrJr I5 - ' ' N " AD 35 W 305.95 LOT 8 A.E. ARDERSM SUBDIVISION ~ _ ~ - 5' W-1 L I FY iIiWOE AMS, TY;;; DRAIN 5 PLAT 9001 6 PARE 28 PAID 20MING EASEMENT SEE HOE 3 2 M J E XISTING W lWIWMMffi ig ml?^I LoTI vI o 31O®A. yiyII n 1, 11 I B. R3! SO. FT. 99 a a n R I 13 w 3ZOAS u~ i ' LOT 9 A.E. ANDFA9011 SUBDIVISION O(6 PAGE 28 O T :N LOT 3 10 00' i N PAID ZO c 976 SQ. FT, 23 I . k . o $ EA M EWT ME AMR) NOTE 3I ~ 6 S 4~ o g 3 E211rM A ° I LOT2 L 9.932 SOFT. L~~yy11 8 N ' a a $ .1 $ ddd z 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 I ~ 1322.75 M 90-00 WE 2645.49' SSE 0QRNWR TH lSBRASS E NT IRAQ 25 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. 2- £O-d d8b=L0 bO-bZ-BnV 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. VO'd d64=LO VO-bZ-6nV 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 -4. SO-d dOS:ZO 170-t7Z-BnV 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 90'd d04=L0 bO-b3-6nV 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 -6- LO'd d1S=L0 bO-bZ-find 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 7 SO'd dZ4=LO to-bZ-Bnv 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. -a- 60'd d35=L0 ts0-tsZ-6nv 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; 01'd d£S=LO bO-bZ-BnV 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 10- ii"d d£5=L0 VO-bZ-6nV 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; 11 Z1'd db4=LO bO-bZ-Sny 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 _12_ £i'd d94=L0 b0-Vz-5nH 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 ]s 9r'd dLS=LO bO-Va-gnV G) d b f+ 0 N b {p m N 4 11 N W N N O 0 N O 0 r oil H om ,z oN 0 8:24 ,w i deaasEi 5 i i~:eedd ee :^xana. 5 3aes4q @ M ' I I i I I I E I a t a al 3; a E•b -I _ e 'gill ~Arasd3i @'°3 -E i5 a~ :5 S6^Mep` ate d HI a e~ E R-,C E e I ~Y~atg c w N non timm Sl i «nO-T mA r., oy_+mm Eoz j mZO Nm nNm y Tp mO~ nmzo N r S y ~ O v~-2 U rmmf Nr MET.IW- c mo v ocz - ~ "=T < a o c to i, -n -E <mz z O.Oo amt svim „y Oy O 2 qe pgjj!`[ 00 T A' H 2m Mn to mo z mm L c KY n A y A s cp t 6i gel.-,.e i-ac xi7 SI'9'agill S x is t^ 'p -RS - t - . 2 p a ~5 .p e?-"• d a' a k a• 6-a ¢ : S e ' ~i;= ° ES5 -4 9,, - t k S t S; f' @ a g R NO 1 gi S°. y ' g eF# R FF°~- B_ @ Sa S 5 g€:A a 7„?,g@E f @ sQ@ e.E 6 GR Sa g$ S9 Via 1 c B 8 61 a''I"3p ~ fi i[M z k 33~ S ~~epES~ $ R a i 1 'a °"~_0~= ' or End .i g ! E ii~,T' s @ 4 @ .*xg6a 2. S @ @ s @ c@ K;, a"'E i@E~, tH@@ H - N a~@i4 ! i i !,6 a .tea' '"i" •6g6ga~ r-_ E " @.-,Sa pe 3 @pa?_.. i @ ` O S " 8° tECF2 i hP@ 2Ri o5a a°s '@- i }s x p gS W pp~ a ~$'SSGe tp@ Rye€,R` . a• &6@ e`s s i ~ry R i S@ @ ~~ce2s^ g ~ e qF~ S : 8 i a t d' i E mGr'9°`~i:w ~R!_!5S1 t ri.~r wiiw{ urr.in`F.ceom~i.... . s a .7:1 EE- all . t m # 'y 65y~ a Ear«n. ~ 2i • - z~~x iE• ~C N t- ~ 3 ;+S x ! It 's w•°°°s A ~J{ 0y :.a I R.p =Ic~R ~ c s Sg~S g gy ~i ~ v iYF @-aea . 1-.r~'Tu n.. _ i =Im xa • a~ t^Y-E5 ~iI $r SJ ay-a i 8 . I @@ fps II ? YPi _1 ~ ES Y a1 L~a_xwnl Lwm"~ ru. m . ~•L~O. I Re I IC6 6 w a Y s Li'd dLS:LO bO-bZ-6nV Cfly of Whmt Md9e 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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E n : ~a. ~ ~ r t. _ ~ z ~ ~ - e, _ .a - ? .~F~ _ ~ . . , ~~.~,w A ,~,N. ~.e.~ . ~b. i ~ ~ _f~ i I i i 4 ~"''s $ ~ N ~ ~ ~ ~ ~ffi k ~ ~ 4 ~ f a ~ ~ ~ ~ ~ 4 ~ ~ ~ p _ ~ ~ _ ~ u_ ..n_ n~~ { i p { i. ...awwnwmnrvxumnwmmrremracmtmcovxsvx~'~+- rt b ti„ v : a _ . - r ~ __.u_ _ _ ~ ~ . ~ m ~ ~ ~ _ { t y v .uN mw..sN..rae:rwvw+wui..wrwn....._... + j ~ a 1 I ~ ,N ~ . r. t 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 08/19/02 13:00 $303 620 9450 NASD DENVER 1@002/003 PLANNING & PW Fax:3032352857 Aug 19 2002 1145 P.02 C i t y o f W he a t R i d g e Recommendation(s) to Council Date Board P1~etini~A Cy~.rw5swh Issue or Case # WS OL• Ot ?GRUbtvsl ~relt:wl RECOMMENDATION(S)/AMENDMENT(S) (if applicable, bullet form) ° ~1 z o~ec\ R• Lc- a.3 lcaa{e~ ~t 3101 lbePca ~ -t~' - - ri. a .i+. rCcp un..~S wv~l 1;~ i,ls ~'itct.r. n~sn .LLf '(ki. .~►\~ev. H) Y¢~o~5'. ~aib c~ai~ s:.~-. • r~*+'~tS a\~ rw a 7e.t:.~'~ 04' -r<... • pia p S all ro raes.d Lg~ (m~.Et '1~.: rr .,,,.,a.. \a`t" , tt ~ 5~~9 v~v w ~rq.Nlsllo~G - nrl.oob s►.r~ 1v vitae. ±~b. rs~b r\y~ -ii ZcYa1 (2-•le- ds~ l ei 3t 31n\ Gaa<.r ' a\ h a~ fi. ~z 5" 2) -Jn .S U~ - CL A- ~roF.se ,ofir all rn aat' ky . e.,,,,,;w n. \e r arca ' e 4rF s~J~l. r< 9y ifa.r~~ ~ '11► ash ~w..'s, T Les i L4m . ..:rte tw x<t , Sub dv~i;.. 1 ~L 08/19/02 13:01 '&303 020 9450 NASD DENVER [a 003/003 PLRNNING & PW Fax-3032352857 Aug 19 2002 1145 P.03 Recommendation(s) to Council Date Board Issue or Case # COMMENTS Page 2 ~ Y+a~ 'NA.Y~ ~cvrte+eaK ESQ-ta]~i~+ SL.atl_ ~S[ ~<S~a~•A ~jkb~ ~or 'lti.~r r~ 1A+~'~t.t~ls~~ ~+t 'P.. ~ A ~X -Not ts~ Ty ~ a W< l e(1b( _ G sa. ~1it~ at fi , ll'S . 4-e ekr-- L L (~Gdu.a`~+~w_k O~ ~..t LL ca I 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. C:\ mmeau and Satinp\kathy%My OowmenNKathy\CC"TSTP NOTIC 001\wa0101.wpd v d d d U ~ d a N Q rc ° d c z ? vi i V K c J a 84 6 3 ~ N q w N O O E ` a y U t o m na ~ E N o N'~= N a - ~ m 0 0 0 0 0 0 0 0 0 0 0 0 x 8 m o.o m o 0 0 0 0 0 6 m ° $ U m - • 0 . z IO IL O M O N N N N - M N O N O N N N L C m j o V ° N ym p, c° " N N a°O N No O M< O o 'N m 's O a 0 m a O✓ Qn O 2Na M c r O U r CI ` N N L.. N O o L .85 , 0 c 0 'o'3U C O y Nn0 6 U vM C d w n0 O M 41 `m U m O M y c rn W W N 0 rn C O N J"O i R 0 N W m N U OO J d ~ a _ > d U N4 y Q 3v ° ai R ~3a a a_ 2a v> o ° Yoa m2 o~n `m . 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A A d 'V N y C ~ U J W d N Q i - d u ~ c O z R A NI K C 7 I K I i ~ ry A y 00 = ~ N d r o o a m 0 'c om as c E 0 .0 a x ~ m m N A Q m ° £ U u O o 9 O C W y ~ O d ` ~ vdj ~U f/J a J jy L d ~ Q C A W Y a N a_ t6 b M m >mc D 'a 0a N a V y C N o Q Q c y m N G t N N O A a a' cU UK iw A E ~ A ❑ ❑ ❑ ® ❑ o z A u A ~ w O Q °v o o $ p oD ~ m w W O E I- 9 V z °o Q Q W p O N O~: Q z a z o W z Ur~ a ~I 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. C:V athyWC"TSWLANGCOMWmotiw\ 002\ws010 L. d P~l d D c c v N d v y v n w Q K ~ c y K m ` c z m v ~ c K M a ' N ~ y y - d . O E a 0 a L U 0 O ~p 0 o c 0.0 f6 ` # 0 0 0 0- 0 0 0 ` O - H C a . d o x m 0 0 co 0 0 0 0 0 0 co co Q m u 0 0 T W R d M c O C N N R ' N N N G G C . M j O O N N O - N p, M O N c O N d N L N Y~ O A Q» O N >aOD N'-' W D. NO O aOD t r N Nam U N ❑ N N ~QO ' C oJ CQO L N CO 0 0. NO ' dN0 c E O 3 NLO U OJ v 3 d ` m d w fi U ~O m o j O 0 NOO O U C w 0 ° D'7U YOU o 2 0.0 2 NMU d o.0 y 9 O M N l0 U co D M N W N U) C O L l0 N W U J d 'o U y Q O W 00- O ~O N ' U' ~O d W+ O N VI UcnK N aN N JOCL O ONE n Q> 3 ry~K c YO) > N (O C NMd t0 . N > M3 t0 c IC _O. a D. 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W nu C O z U ti m A, 0 a ro a 7 N ~i m Qti w 0 v z U H v T U .a N U Qti O m E z H 0'-O-0 , / ~CLf?l/ SD/ <S~ 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. 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JEFFCO 1041-520 •6~ JEFFCO 567-525 WN EAT RI DGE 82031511 JC 567-521-529 Ave 0 M $ 19 125 3 . 605' 12 7 N 1 2 001 7 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 I~V Ix t °i _ J 4 t ✓9 1 3 ~ S f,, 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.- N~ 3 z1 a EXHIBIT 5E 24 I _.I ~I gl ~I ffiI X11 ~I l 91 ~I WI ^I I-" 1 AI 3P50 n ~ ~ 3)65 5 LL R!] 3Td 3IN 3]15 TW y rYr $ W N ~ g S]OS 5E 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENTOF PLANNING AND DEVELOPMENT 3 - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 O IW = '00 900 Feet MAP ADOPTED: June 15, 1994 L I NW CORNER NORTHEAST 1/4 3 1/2" BRASS CAP IN RANGE POINT BOX LS 28279 ll.U SCALE 1". 401 W 0 20 0 60 UNPLATTEO R-3 ZONING 0.7' STREET DEDICATION 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 COUNTY, COLORADO.' - 12.219 SOFT. a b ^ ~ 70.00 m i N _ N 2H i xz 0 50.851 50. !o Y LUEBKE 30' $ R-3 3 ZONING R- ZONING ~ O / Z N $ +a 5186 SO.Ff. <Sie6 SIXFT. LOT 5 w \1\ 7: / 1 D 0 ~ 50 I 50.84/ 176' N-B9:d 106 ❑ ~ 8 5\, 130.0' b 5 \ 6,9,3-3 SO.Fr -M 0 ° I ( 24„180 ]SQ.FT. I T 7 130.11'-'~Ji. yT~ 5186 5 FT. ~ ¢186 50.FTT T I LOT 4 w LOT 8 J i 1 / ~ / N ° . FF\'J]~~ 8933 SO o , W _ JJ\ . m 0 6 B9'46'35'E 131.89' II _ $ ~ L._ f X57 JJ ❑ -34 J4 / BbOK 755 ,PAGE 583 .-}95 ' i 130.0' /JS ~ WEST 37T AVE. I ~ \ Y S 89146'35"E 305.93' 1 \ MLt- APPROXIMATE EDGE OF PAVEMENT \ Z EV YN SUBDIVSION POINT OF BEGINNING R-3 ZONING O UNPLATTED I W R-3 ZON NG I T W R 14 BRASS CAP IN 3 1%2 R GE POINT BOX LS 28279 I I LEGEND INDICATES CONCRETE WALK 0 INDICATES POWER POLE -S- INDICATES SANRARY SEWER ® INDICATES WATER METER W A INDICATES WATER LINE n 1322.75' NE CORNER NORTHEAST 1/4 OF SECTION 25 POINT2 BOXRALS 28279N RANGE DESCRIPTION THE SOUTH 137.43 FEET OF HE EAST O OF THE NORTHEAST QUARTER OF THE NORTHWEST OUABTER0F THE NORTHEAST QUARTER OF SECTION 25, JEFFE'ERSOTN COUNTY RECOR0S,8TOGETHERCWITH THEU OUTH8I ACRE OF 7 EE EAST 2 ACRES OF THE WEST ONE-HALF. NORTHEAST ONE-QUARTER, - NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH. RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDUN, CITY - 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 303-202-2242 /LAND SURVEYOR: ENGINEER C E INC N EE G 0 AVE 4TH UE WEST 0 802 LA1(EW000. CO 15,•:cM... . . : : _ w _ . ~ : : . 4012 SITE DATA TABLE 3 NUMBER OF LOTS 8 SMALLEST LOT 5186 SQUARE FEET LARGEST LOT OT 24,180 SQUARE FEET II AREA 82,97 82,9]2 SQUARE FEET AREA OF PUBUC I DEDICATION 92 SQUARE FEE CURRENT ZONING R-IC 1 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 AND 5415.97. N ELEVATIONS SHOW ILARITY FOR 1"-1000' SE CORNER NORTHEAST 1/4 SECTION 25 POINT B X~LS 3212N RANGE i"=1000' co w v m Vl w N P` , O f id~~ CP LA di CYI cx~, W cP p 1 s A 4-1 0 w W e , p W u e r Z Li y m n i a5 Q 111 -0 X ~ y z > 0 u r D W O= m N Z0 O v ~ Z m O Z O ~ pp Y/ v I CO 00 v d7 U7 .P W N O S W S Z c w op IL W CD D a a CD N N 3 C C D L,r 6 m D m Cl) m = ° W z cn 2 E m I N O zo v m 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 0 RECYCLED PAPER A nn ncc sc('>IY,ai fGR ozn410F: -KLWQGp, ~OLG-50ei 5-4]1v x'E. ' +ac~ 35GV Ys". FOUHPGGNSVi xv 001, WOW= tar 11; Qvnu~ - n. piat.:"iibm"aual. Alm IT&STIT 101 the 'Win a nc -vv. c.. .v. rr :..via t.t . L Me [1l uki WUV Jmwd May are UU❑jid by c he Denver v;aie f mrd requ reawDs for eme tPpalil~.. NAT P_,..WS the . L.,^ ly Dye f nm f m lh. is € iepaTtment, who aNo hm ?'.d r i ~n r i v t ffce% - - s' :li2YC71 P~PtiIL( cup; bevy 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. 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U vm Y yq wt W v H w.^ w F L RLY 0" c~vc~_ Q £a c u o m O ~ _ w w RLL W = O~Y f C~ UX N m w R Sit 2 - v o F 3 0 L d i~~ N C Y w Y R U v = w N m F ~ 03 D r i.• a + R m~ a ra o v N rnv jC2'F r ¢o N . u N p Z w H LL 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 2- 4 Adj nin wlan Ing 39-252 I S Slree! - 39-251 zS ypm •=Qm .u sp'ew' s01 reni' n.a• n w tl oar lap Sxrsel c IC w 8 .OJ ~ ® Y ~ A Y arx -v L a ~ - a - e ~ Y ® f _ - _ ~ CVU o = Om'm " ,AMY ® _ ~ y~o~ WnD O °D °SL va Qe °a y : - D + =3 i ~ m° cf .O O _ C ~ m e 4f I ipp + u l N ~ Y ~ _ ~ N Y O a ° ® Y € 8 m Y r ® ,o io mev C, Fanlon 51. _Q . q a v E v uo ' u QY ®N® ` 3Y ® a ® N®Y b" ® ° ® ® ® ® ® ,N ° J D ! m ~ .n 3 ~ ° v0 r v®cy - y Y ~ v® ~ N® ~w®Y I o E . . : m . ~ i N Ci8 I I. I~ m - - m z o 8 o s ny - xN C n .n Y z _ m ° R ° E o°x ~i = ' Deoaw SL _ ff so fo nr.n' ®a O Y~ N m m D-9 - 0• . A . . m t J 8 M%j o "a ~t n i Y ® ® ® xrB.. ° 5 8 _32.n u 80 m w U-) cm e, fa W rS M m _ th ose St +arrse ..o-n.e ffo.axf a se z °u g _ f Y xio w an tl Senlon SI. w 5 - n' 6 0 ~ r,a ie ~ y i e ° w w f0' w' o !0 ee M' 14f ~X~IigCT ~ " " FR D L. 3750 N 6f 3045 3740 ' LL 3035 3030 3025 3720 3715 3700 N 0~ uQ 370 3290 " 3293 32E0 V Al 3270 269 3264 3265 ~ 3~ R-3 24 23 - N N N " la a a J a 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 6275 P 6275 I 110 LOT 51TC-6 no t4o-r 114"VoE NIVAME- rjRNE PR\✓hTE yRiVE. ~(~It5 i 3 Plat; ;1^ AVE. ~-OT 1 24,oµ5 iz, L;1Ci STI N Rome- 0 X105 LOT 2- 8q31 A 130 ~T 3 I sa31 ~ I I I I ~ I 6s,7 13'1.43' ~11:PEw sue, = 10 Fir = EXtSrW 4 2 CAA (aFtRAcgs V66 EXIS'Ctt'1f1 goME. (fkofbsiD) s'PP,IVEWAY FO-R EKtS'rjf4(A }{oN1E~CURREn1T~ -7A S 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?