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HomeMy WebLinkAboutWZ-04-017500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 27 October 2005 Drs. Michael and Ronald Freimuth 10135 West 38th Avenue Wheat Ridge, Colorado 80033 RE: Public Improvement Escrow Dear Sirs: This letter is to confirm the. receipt of an escrow associated with the construction of the new dental office located at 10135 W. 38`a Avenue. The monies were escrowed for the eventual construction of curb and gutter adjacent to West 38`h Avenue. On May 4, 2005, the Community Development Department received a check from you in the amount of $3,150.00. With the receipt of this escrow, you are absolved from constructing the curb and gutter adjacent to West 38`h Avenue. Please let me know if you have any further questions regarding this matter. I can be reached at 303.235.2849. Sincerely, ravis T Planner Cc: Address file, Case Files WZ-04-01 & MS-04-02 Drs. Michael and Ronald Freirauth 10135 W. 38'h Ave. City of Wheat Ridge of "HEgT P Community Development Department m Memorandum ~~<ORP00 TO: Case File; Address File FROM: Alan White, Community Development Director O ON I SUBJECT: Landscaping at 10135 W. 38`x' Ave. ~U/~ DATE: 29 June 2005 During the initial site development, a few of the trees were relocated from the eastern property line to the area adjacent to the building entrance. The change was a result of field conditions. A total of five trees were relocated. The change did not merit an amendment to the approved Final Development Plan. ~ O p y W~ ~ W ~ ~ 'c~ O N G W C 'L.+ b b p °o w 'b N 7 O y' N .b 'A ti~ s. 0~ 3 p~ p ~ ~ Cl v b Ob~ ~.ty ~ m vVi O O 3 0L) ~w b U R; Q U o rte. v w .n o U' ti 'v .F.+ v ao o RS v N may °'a P o O ~ v°i h b ,0.'N-' F y0 f' ° ti N tTC O ~0. 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O L9 ' 7 U F W c '3 cca v1. GO jlF-1 l W CMWCo Work Order Number 13940 D $00.00 illil~ll) III I 1111III1 11 I II I I VIII III R 00 2005018524 AGR 05/13/2005 02:28:55 PM 7 Page(s) Jefferson County, Colorado THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue - P.O. Box 150068 Lakewood, Colorado 80215 Telephone - (303) 238-0451 CONSTRUCTION AGREEMENT THIS AGREEMENT, executed in duplicate, this 18th day of April 205_, between THE CONSOLIDATED MUTUAL WATER COMPANY, a Colorado non-profit corporation, with offices at 12700 West 27th Avenue, Lakewood, Colorado 80215, hereinafter called "Consolidated," and CITY OF WHEAT RIDGE RECREATION CENTER, a Colorado Corporation with offices at 4005 Kipling Street, Wheat Ridge, Colorado 80033, hereinafter called "Developer;" WITNESSETH: WHEREAS, Developer has acquired, owns or has an interest in certain tract(s) in Jefferson County, Colorado, more particularly described as: (See Attachment "A") ; and WHEREAS, in connection with the development of said tract(s), Developer wants to secure an extension of the water supply service rendered by Consolidated to serve said tract(s). It is estimated that extension of service will require Consolidated's acquisition or construction of the following facilities: 1. All proposed 30 lineal feet of 8-inch DI pipe and including all necessary valves, couplings, fittings and including all trenching, laying, backfilling and surface and/or street restoration thereof; 2. All proposed facilities are to be within the boundaries of: West 38th Avenue and Kipling Street CONSTRUCTION AGREEMENT CONTINUED a) Public Right(s)-of-Way as follows: West 38th Avenue and Kipling Street 3. All proposed facilities to be installed as shown on Consolidated's Drawing Number(s) 2144-05.018, dated 03/16/2005; prepared under Work Order Number(s) 13940, and Standards Drawing Number 98.066, dated August 25, 1998. WHEREAS, Consolidated is willing to undertake extension of said facilities and cause the necessary installation upon the terms hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the agreements and payments hereinafter set forth, it is mutually agreed as follows: 1. Consolidated will effect the installation of facilities hereinabove referred to and the Developer will pay to Consolidated the entire cost of such facilities. In connection with the payment to be made by Developer, Developer has deposited with Consolidated, receipt whereof is hereby acknowledged, the sum of Five Thousand Eight Hundred Eighty Eight Dollars and No/100s ($5,888.00), as the estimated cost of said facilities to be charged to Developer. If such deposit shall exceed the actual cost of said facilities chargeable to said Developer upon completion thereof, the excess shall be refunded to Developer without interest, or if said deposit shall be insufficient to cover such actual cost upon final completion, Developer shall forthwith pay the difference to Consolidated. 2. It is expressly understood that any references to lengths, distances and/or capacities or ratings on Consolidated's drawing(s) are approximate and that the actual lengths, distances and/or capacities or ratings and actual costs thereof, as finally determined, shall be controlling. 3. The facilities installed hereunder shall be and remain the sole and exclusive property of Consolidated, free and clear of any claims of any kind by Developer, and Developer will execute or obtain any and all confirmatory instruments in connection therewith upon the request of Consolidated. Page 2 of 7 CONSTRUCTION AGREEMENT CONTINUED 4. The sale and issuance of Capital Stock and the installation of individual taps and service facilities shall be subject to Consolidated's By-Laws, rules, regulations and requirements in effect at the time of such sales or installation. Service thereafter shall likewise be rendered pursuant to such By-Laws, rules, regulations and requirements as may be in effect at any given time. 5. Consolidated shall not be required to accept installment purchases in connection with stock sold representing tap rights to be placed in service upon the facilities herein described. 6. Developer further agrees that if any portion of said facilities are to be installed on property other than roadways or streets dedicated to the public use, Developer will at Developer's sole expense, convey or cause to be conveyed to Consolidated, appropriate easement(s) therefore over, in and upon such property, including full right(s) of ingress and egress during the installation, operation, repair, maintenance or replacement of said facilities. Instruments evidencing such easements shall be on Consolidated's standard form for such conveyance and shall be supported by such title evidence as Consolidated shall require. 7. In the event Consolidated, for reasons of policy in system layout, should desire to install larger facilities instead of the agreed upon facilities as herein provided, it is agreed that Consolidated may do so at its sole option provided that the additional cost thereby occasioned shall be borne by Consolidated and such excess cost shall not be chargeable to Developer. 8. Consolidated will in good faith endeavor to undertake and complete installation of the requested facilities as promptly as other commitments and available materials and equipment permit, but it is expressly understood and agreed that Consolidated shall not be liable in any way for delays in undertaking the work, provided, that if the work shall not have commenced within six (6) months from the date hereof, Developer may, at Developer's option, upon written notice to Consolidated, cancel this Agreement at any time prior to actual commencement of work or placement of materials or equipment upon said facilities. In such event, Developer shall be entitled to return of the deposit referenced in Item 1 above, less Consolidated's actual costs incurred incident to the project to the date of receipt of Developer's written notice of such cancellation. Page 3 of 7 CONSTRUCTION AGREEMENT CONTINUED 9. If, after the work of installation of said facilities has commenced, the same shall be delayed, interrupted or prevented by unavailability of materials, weather conditions, order of regulation of any public authority or any other circumstance not within the control of Consolidated, Consolidated shall not be liable in any way therefore. If, however, such delay, interruption or prevention shall exceed a period of six (6) months after the commencement of said delay, interruption or prevention, Developer shall be entitled to the return of the deposit referenced in Item 1 above, less Consolidated's actual costs incurred incident to the project as of the date of receipt by Consolidated of Developer's written notice of such cancellation. 10.This Agreement shall be binding upon the successor and assigns of Consolidated, and the successors, heirs, executors, administrators and assigns of Developer, but it is expressly agreed that no partial assignment of this assignment may be made on the part of the Developer, and that no entire assignment hereof by Developer shall be made without the consent of Consolidated thereto first secured in writing. Page 4 of 7 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement, as of the day and year first above written. City of Wheat Ridge Recreation Center A Colorado C a n l By:;' C..! Signatur /~J J Name: S _ r v. ; .ice 2±` y !2 Pt ! Title: ATTEST: FH~ T Si ~~p na r Alh. g m Name: G q&u y -Awc~C~s SEAL . (00/ By: Title: Cka- 4 Ci(Bvnc~00 (Corporate Acknowledgment) STATE OF C 16114, c ) tt COUNTY OF ✓e"L ) ) SS. On Apri ( 1g , 20 05 e-WehzA & yu0 PWv" A &iV10ta personally appeared before me, to b the above instrument, and he/she acknowledged that he/she signed it. 6m.' ~pTAR! .tip :iLYe-~y h klc u' M'LLAZ Iz Notary Public [SE - 9 / WlBLtG T My commission expires yJl y~' zdP~ OF C01.0~` My Commission Expires 11/12 006 TTEST: THE CON SOLI ATED TUAL WAT R COMPANY Secretary President Page 5 of 7 Attachment "A" A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF JEFFERSON, STATE OF, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S00°04'58"E, A DISTANCE OF 1315.13 FEET; THENCE S89°24'00"W ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, A DISTANCE OF 40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET AND THE EASTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF GREEN VALLEY SUBDIVISION AS RECORDED IN BOOK 11 AT PAGE 34 IN THE JEFFERSON COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING S89°24'OOW, ALONG SAID EASTERLY EXTENSION AND SAID SOUTH BOUNDARY LINE, A DISTANCE OF 621.82 FEET TO THE NORTHEAST CORNER OF CAMBRIDGE PARK SUBDIVISION AS RECORDED IN BOOK 125 AT PAGES 39 THROUGH 41, IN JEFFERSON COUNTY RECORDS; THENCE S00°08'23"E, ALONG THE EAST LINE OF SAID CAMBRIDGE PARK SUBDIVISION, A DISTANCE OF 1026.29 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND RECORDED AT RECEPTION NUMBER 80076775 IN JEFFERSON COUNTY RECORDS; THENCE ALONG SAID BOUNDARY THE FOLLOWING TEN (10) COURSES: 1) N58°51'37"E, A DISTANCE OF 32.00 FEET; 2) N02°18'23"W, A DISTANCE OF 67.00 FEET; 3) N47°41'37"E, A DISTANCE 47.00 FEET: 4) N78°21'37"E, A DISTANCE OF 180.00 FEET; 5) N50-1 1'37"E, A DISTANCE OF 53.00 FEET; 6) N01°31'37"E, A DISTANCE OF 74.00 FEET; 7) N73°43'23"W, A DISTANCE OF 31.00 FEET; 8) N27°58'09"E, A DISTANCE OF 63.68 FEET; 9) N63°43'27"E, A DISTANCE OF 57.06 FEET; Page 6 of 7 10) S00°06'41"E, A DISTANCE OF 35.30 FEET TO THE SOUTHEAST CORNER OF BLEVINS SUBDIVISION AS RECORDED IN BOOK 29 AT PAGE 23; THENCE N63°22'33"E, ALONG THE SOUTH LINE OF SAID SUBDIVISION, A DISTANCE OF 313.59 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET; THENCE N00°04'58"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 259.62 y~ FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 40TH AVENUE; THENCE S89°24'00"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 280.75 FEET TO THE WEST LINE OF THE BLEVINS SUBDIVISION; THENCE NO0°06'41"W, ALONG SAID WEST LINE, A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF SAID WEST 40TH AVENUE; THENCE N89°24'00"E, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 280.78 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID KIPLING STREET; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES: 1) N00°04'58"W, A DISTANCE OF 130.01 FEET; 2) N89°24'00"E, A DISTANCE OF 10.00 FEET; 3) N00°04'58"W, A DISTANCE OF 138.29 FEET TO THE POINT OF BEGINNING, CONTAINING 456,120 SQUARE FEET OR 10.471 ACRES, MORE OR LESS. Page 7 of 7 City of Wheat Ridge Department of Public Works May 11, 2005 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 Mr. Wayne Wray Harris, PE., P.L.S. Martin/Martin 12499 West Colfax P.O. Box 151500 Lakewood, CO 80215 Re: - Drainage for the Wheat Ridge Dental Group Facility located at 10135 West 38" Avenue. Dear Mr. Harris, The attached signed and sealed Drainage Certification Letter for the above mentioned development approving the site grading and drainage was faxed to Chad Root, Chief Building Official on May 5, 2005. Chad gave a copy of the Drainage Certification to me this morning, and suggested lie and I take a look at the above mentioned site prior to releasing the Certificate of Occupancy. What we observed onsite was that the swale shown on the approved Drainage Plan along the westerly property boundary (from 38a north to the detention pond) has not been constructed. While we were onsite, Kim Gilmore, the Superintendent for Denny Construction and Dr. Freimuth of the Dental Group approached us, and, we had a discussion regarding the drainage swale and the requirements of C.O. issuance. In order to accommodate the dentists in their effort to remain open (they already had patients seated), the City has agreed to issue a 30-day Temporary Certificate of Occupancy with the following conditions: 1. The drainage Swale is to be constructed per the approved Drainage Plan. 2. A revised Drainage Certification stating the work has been completed per the approved Drainage Plan, and accompanied by As-Built drawings for all drainage facilities shall be submitted to Public Works for review and approval. Please be advised that the Temporary Certificate of Occupancy is set to expire on June 11, 2005 If you have any questions, please feel free to contact me. Sincerely, David F. Brossman, P.L.S. Development Review Engineer 303.235.2864 daveb@ci.wheatridge.co.us XC: Tim Paranto, Director of Public Works Alan White, Director of Community Development Steve Nguyen, Engineering Manager Chad Root, Chief Building Official Travis Crane, Planner File Wheat Ridge Dental Dminage (5-11-05) do 'g~ February 17, 2005 Joyce Manwaring City of Wheat Ridge Director Parks and Recreation 4005 Kipling Street Wheat Ridge, Colorado 80033 Ralph J. Perri 11 UP 17005 C071 RE: Follow-up Water Line Installation - 3865 Kipling Street, Wheat Ridge, CO Dear Ms. Manwaring, I just wanted follow-up again regarding the installation of the water line per the 1999 agreement for the city to install an 8n water fine 10 feet onto Mr. & Mrs. Denning's property at 3865 Kipling Street. Per the agreement, the water line was to be installed at the time of the construction of West 39'h Avenue. We again requested this water line be installed on June 14, 2004 when I delivered Mr. & Mrs. Denning's check for $37,288.00 to Travis Crane in the planning department. I corresponded with Mr. Crane for several months and then he advised me I needed to contact you, which I did on November 12, 2004, which you responded to by e-mail on December 3, 2004 where you told me that you would move forward with the extension of the water line. I would appreciate it if you could let me know if the water line installation has been scheduled or if you still need more time to fulfill the City's obligation per the 1999 agreement. Is the Parks and Recreation Department responsible for the water line or will this need to go to another department within the City? I look forward to hearing from you soon. Thank you again for your prompt attention to this matter. Sincerely, RJP:dap CC: Mr. & Mrs. Franklin Denning Gerald Dahl Ralph J. Perri, 11 Broker Associate EMW100, Inc. 710 Kipling Street, Suite 110 Lakewood, Colorado 80215 Direct: 303-202-2238 E-mail: perri@rmi.net Each Office Independently Owned and Operated r fife ~a 1 ~ Gam. I November 12, 2004 Joyce Manwaring City of Wheat Ridge Parks and Recreation Department 4005 Kipling Street Wheat Ridge, Colorado 80033 Ralph J. Perri it Copy Re: 1999 Agreement between Franklin D. & Lisa M. Denning and the City of Wheat Ridge Dear Ms. Manwaring, I have been working with Travis Crane in the Wheat Ridge planning department over the past several months to have the water main extended on to the Denning property as per the agreement with the City of Wheat Ridge executed in June 1999. As you are aware the City was to install an 8 inch diameter water main into the Denning Property a minimum distance of 10 feet and this has not been completed to date. Travis Crane has informed me you will be handling the installation of the water main and you needed a written request to have the City install the water main as per the agreement. I have enclosed a copy of the executed agreement for your convenience. It has been confirmed by the Wheat Ridge planning department and The Consolidated Mutual Water Company (Mike Queen 303-238-0451) that the water main was never installed. Mr. and Mrs. Frank Denning have asked me on their behalf to formally request that this water main be installed as soon as possible as per the agreement. As soon as you have this scheduled I would appreciate it if you would please give me a call so I can notify Mr. and Mrs. Denning of the start date. My direct number is 303-202-2238 and my e-mail is perri(armi.net. Thanking you in advance for your prompt attention to this matter. Sincerely, Ralph J. Perri, II Broker Associate RJP:dap Enclosures cc: Mr. & Mrs. Franklin Denning Gerald E. Dahl Travis Crane✓ 100, Inc. FXX RF//V Y V 710 Kipling Street, Suite 110 Lakewood, Colorado 80215 Direct: 303-202-2238 E-mail: perri@rmi.net Each Office Independently' Owned and Operated WHEATRIDGE DENTAL 309 431 1324 09/16/04 12:46pm P. 001 September 15, 2004 Mr. Alan White City of Wheat Ridge-Municipal Building (City Hall) 7500 West 29th Ave Wheat Ridge, CO 80033-8001 Re: Site Assessment Fee Wavier Request (10135 West 38u' Ave.) Dear Mr. White, In lieu of a donation of our land to the City for access to their property located on Kipling Ave, we are requesting a wavier of all site assessment fees associated with the future improvement and widening of West 38`h Avenue. We appreciate your consideration of this request and look forward to your prompt response. You may contact me: Dr. Michael S. Freimuth MR Land LLC 8850 W 38 Av WHEAT RIDGE, CO 80033 - 4235 (303) 431-5830 Respectfully yours, Dr. Michael S. Freimuth, Manager MR Land LLC 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 10 August 2004 John Garner 234 Columbine Street Denver, Colorado 80206 RE: 10135 W. 38a' Avenue/ Final Plat Dear Mr. Garner: As of the date of this letter, the City has not received the mylar copy of the subdivision plat for the property located at 10135 West 38th Avenue. On June 14, 2004, the Wheat Ridge City Council approved this subdivision plat. Pursuant to the Wheat Ridge Code of Laws, all approved subdivision plats must be delivered to staff and recorded with Jefferson County within ninety days of approval. If a plat is not received within ninety days of approval, staff shall conduct a public hearing before City Council, who will then reconsider the approval. An extension may be granted by staff if, prior to expiration of the ninety-day period, a written explanation of extenuating circumstance is received. The ninety-day period will expire on September 14, 2004. Please either deliver the plat or a letter of explanation requesting an extension for recordation prior to September 14, 2004. If you have any further questions, don't hesitate to give me a call. I can be reached at 303.235.2849. Sincerely, ~c_ Travis R. Crane Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 June 21, 2004 Dr. Michael Freimuth 3850 W. 38th Ave. Wheat Ridge, CO 80033 Dear Dr. Freimuth: Ridge At the public meeting on June 14, 2004, City Council approved Case No. WZ-04-01(A), a request to rezone property from Residential One to Planned Commercial Development located at 10135 West 38th Avenue, for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: A note shall be added to the Outline Development Plan that reads: "Tracts A and B are non-buildable tracts and may be used as pedestrian walking trails and open space." City Council also approved Case No. WZ-04-O 1(B), a request for approval of a Final Development Plan for property located at 10135 West 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site. Finally, City Council approved Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 West 38th Avenue, for the following reasons: 1. The requirements of the City's Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. The City of Wheat Dr. Michael Freimuth Page 2 June 21, 2004 Enclosed is a copy of the signed ordinance and a draft copy of the minutes stating the Council's decision. Blackline photographic mylars of the outline and final development.plans and final plat need to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are $11 per page. Enclosed is a copy of our fee schedule. Please submit payment along with the mylar. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Asst. Enclosure: Draft of Minutes Copy of Ordinance cc: John Garner 234 Columbine St. Denver, CO 80206 WZ-04-01 & MS-04-02 (case files) cA ..\My Documents\ Cathy\PCRM\PL +N000M\CORRESP\2003\WZ0212 INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 11-2004 Ordinance No. 1325 Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135 WEST 38"H AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Doctor Mike Freimuth, approval of a rezom in Wheat Ridge, Colorado, Case No. WZ 04-01, for property located at 10135 West 38 Avenue, and based on a recommendation of approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential One District and to include in the Planned Commercial Development zone districts the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00°06'41 "W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38TH AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°12'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F1276352,. THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00°08'23"W, 140.00 FEET, 2) THENCE S89°12'43"W, 75.00 FEET, 3) THENCE N00008'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45036'3T'E, 37.74 FEET, 2) THENCE N78°36'37"E, 112.00 FEET, 3) THENCE S49°03'23"E, 72.00 FEET, 4) THENCE N73°06'37"E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00°06'41 "E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. Section 2. Vested Property Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 11 on this 20 day of May, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 14u', 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 14th day of June , 2004. SIGNED by the Mayor on this 15 ST: amela . erson City Clerk ATTORNEY APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY 1 st Publication: May 27, 2004 2nd Publication: June 17, 2004 Wheat Ridge Transcript Effective Date: July 2, 2004 cAp1wningVmmsbrd.5m CITY COUNCIL MINUTES: June 14, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. A. Council Bill 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT, APPROVAL OF AN OUTLINE DEVELOPMENT PLAN, A FINAL DEVELOPMENT PLAN AND A FINAL PLAT FOR PROPERTY LOCATED AT 10135 WEST 38T" AVENUE. (CASE NO. WZ-04-01) (FREIMUTH) B. Approval of a Quit claim Deed in connection with the Denning Property. Council Bill 11-2004 was introduced on second reading by Mr. Stites. (Ordinance No. 1325) assigned by Pam Anderson. Travis Crane, Community Development, gave the staff presentation. Rezoning/Outline Development Plan Motion by Mr. Stites to approve Council Bill 11-2004 (Ordinance 1325), Case No. WZ- 04-01, a request for rezoning from Residential-One to Planned Commercial Development and approval of an Outline Development Plan for property located at 10135 West 38th Avenue, and shall take effect 15 days after final publication for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: A note shall be added to the Outline Development Plan that reads: "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and Open Space; seconded by Mrs. Sang; carried 7-0. Final Development Plan Motion by Mr. Stites to approve Case No. WZ-04-01, a request for approval of a Final Development Plan for property located at 10135 W. 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site; seconded by Mr. DiTullio; carried 7-0. CITY COUNCIL MINUTES: June 14, 2004 Final Plat Page -3- Motion by Mr. Stites to approve Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 W. 38th Avenue, for the following reasons: 1. The requirements of the City's Subdivision regulations have been meta 2. All required utility easements are being provided; seconded by Mr. DiTullio; carried 7-0. 3. Adequate infrastructure will be constructed with the development to serve the proposed use; seconded by Mr. DiTullio; carried 7-0. Item 2. B. Motion by Mr. Stites to approve the Quit Claim Deed between the City and Michael S. Freimuth and Ronald J. Freimuth, and to authorize and direct the Mayor and City Clerk to execute the same; seconded by Mrs. Sang; carried 7-0. ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 10-2004 -AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS. Council Bi1110-2004 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 10-2004 on first reading, ordered published, public hearing set for Monday, June 28, 2004 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. DiTullio; carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. RESOLUTION 14-2004 -AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT. Resolution 14-2004 was introduced by Mrs. Rotola. Motion by Mrs. Rotola to approve Resolution 14-2004, amending the fiscal year 2004 budget to reflect acceptance of the Bureau of Justice Assistance Bulletproof Vest Grant and adding $8,022.16 into the Police Department Uniforms and Protective Clothing Account #01-211-700-730; seconded by Mr. Schulz; carried 7-0. "6/18/2004 10:24'12 FIG: 001-001 FIG FEE: .0 13TATE DOG.FEE" 0.00 RECORDED INEJEFFERSON COUNTY, COLORADO QUITCLAIM DEED THIS QUITCLAIM DEED is made this i~ day of ~un~ , 2004, between the tCL' CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado ("Grantor') whose address is 7500 W. 29ti' Avenue, Wheat Ridge, CO 80033, and Michael S. Freimuth and Ronald J. Freimuth ("Grantee") whose address is 8850 W. 38t' Avenue, Wheat Ridge, CO 80033. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, does hereby QUITCLAIM unto the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand, if any, which the Grantor has in and to the following real property, together with improvements. if any, situate, lying, and being in the City of Wheat Ridge, Jefferson County, State of Colorado, described as follows: any .ere + in a ;ice /1 C1 F. . a o+ir of Ic.r,•u! i!~ ,n+iflG(1 at parplaranh 5 - of that certain ce- agreement entered into between Lisa Mi. Denning ano'l rank D. Denning and the City of Wheat Ridge, and filed for record with the J:,iferson County Clerk & Recorder on J--.11y 2, 2001 at reception No. F1267239. Said property is more particularly shown on Exhibit A attached hereto and fully incorporated herein by this reference, and is identified thereon as "15' wide future trail." WHEAT RIDGE DEED i/~ TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the right, title, interest and claim whatsoeiar, of the Grantor, either in yaw or equity, to the proper us tr j i i behoof the Grantee, its heirs and assigns forever; .OM mA4ft :W DWIT ft' .60 03 ^4i;ij term! IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. R: City en Cerveny, RECEPTIOH H0. F-7211.3680 10/18/2004 16:11:45 PG: 001-002 pG FEE: 11.00 STATE DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO GED\53027\476108.1 _ I I I I 1 I RECREATION CENTER PROPERTY ~ Pto4ld I 39th Avenue I 4-1 Q , a Denning owned land I / to city I I tur lcot I 1 1 I Cily owned to I to Denning AMOCO PROFERV ( 38TH AVENUE EXHIBIT A City of Wheat Ridge WftEaT Office of the Parks and Recreation Director qm ~OIOftA°O Memorandum TO: Linda Stengel, Accounting Supervisor FROM: Joyce Manwaring, Parks and Recreation Dire o DATE: June 17, 2004 SUBJECT: Reimbursement Recreation Center Fund Attached is a cashiers check #196204, from Diakonia Credit Union, reference Frank and Lisa Demming in the amount of $37,288. Based on the attached agreement; Item 4, which states the City will be reimbursed for funds in the above amount upon development of the Denning property, these funds are to be deposited into the Recreation Center Fund, account # 64-580-00-588. The improvements referenced in the agreement were expended from the Recreation Center Construction Fund. The fund balance of the Recreation Center Construction fund when closed, were transferred to the Recreation Center Operating Fund. Thank you. Attached: Agreement Denning Property Cashiers Check CC: Julie Brisson- Recreation Manager Alan White, Community Development Director Property File NOTES GI I 8742 a RECEIPT DATE NOS r ~ RECEIVED FROM _ BY A~~AHNT. HAW 9AIB- AWL Ut CASH \ l..d^1 t T ( r 7q of wHegr ITEM NO: y P v a REQUEST FOR CITY COUNCIL ACTION OOC Oft PQO COUNCIL MEETING DATE: JUNE 14, 2004 TITLE: COUNCIL BILL NO. 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT, APPROVAL OF AN OUTLINE DEVELOPMENT PLAN, A FINAL DEVELOPMENT PLAN AND A FINAL PLAT FOR PROPERTY LOCATED AT 10135 W. 38 T11 AVE. (WZ-04-01/FREIMUTH) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (MAY 24, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (REZONING ONLY) ❑ RESOLUTIONS Quasi-Judicial: ® ❑ Yes No Community Development Director City Manager EXECUTIVE SUMMARY: Dr. Michael Freimuth is requesting approval of a rezoning for the property located at 10135 W. 38`" Avenue. The property is currently zoned Residential One. An Outline Development Plan, Final Development Plan and Final Plat also accompany the rezoning request. The applicant wishes to rezone the property to Planned Commercial Development. The R-1 zone district allows only single- family structures and associated accessory buildings, while the Planned Commercial Development zone district would allow a range of commercial uses as specified on the Outline Development Plan. The ODP will establish all allowable uses and development standards for the property. The uses detailed on the ODP are similar in nature to the permitted uses in the Restricted Commercial zone district. The Final Development Plan will be a use specific site plan. The applicant wishes to construct a dental office on the property. Planning Commission recommended approval of the rezoning with one condition, and recommended approval of the Final Development Plan and Final Plat without conditions. COMMISSION/BOARD RECOMMENDATION: Planning Commission heard these requests on May 6, 2004 and recommended approval of the rezoning and Outline Development Plan, with the following condition: 1. A note shall be added to the Outline Development Plan that reads: "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and open space." Planning Commission recommended approval of the Final Development Plan and Final Plat without any conditions. There were no neighbors present at this public hearing to speak to this request. STATEMENT OF THE ISSUES: The applicant has voluntarily agreed to donate two tracts of land to the City. The first tract is along the western property border, and will facilitate a pedestrian trail eventually connecting the Recreation Center to West 38`h Avenue. An agreement was recorded (the Denning Agreement) with Jefferson County when the Recreation Center was constructed. This agreement stated that the developer of 10135 W. 38`h Avenue must dedicate a tract of land to the City along the northern border of the property. City staff and the applicant agree that the trail would be better suited on the western property border. The trail will direct pedestrians traveling from West 38`h Avenue to an existing bridge that crosses Lena Gulch. The dedication of the trail is required by the agreement; the location of the dedication was changed by mutual agreement of city staff and the applicant. Changes in the trail alignment DO NOT alter the requirement to reimburse the City for public improvements associated with the Recreation Center access. This requires the applicant to pay the City $37,388 prior to development of this site. The applicant is also voluntarily conveying a large portion of the property to the City. This area is located within the Lena Gulch 100-year flood plain and comprises roughly the northern third of the property. Any development of this portion of the property would be extremely difficult given the location of the gulch and the grade of the property. This is not a requirement imposed by the City. The applicant and staff agreed that each party would derive benefits from the dedication of this land to the City. As a third item of this process, a quitclaim deed is requested to quit claim any further interest the City has in the Denning agreement. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. When redevelopment occurs, the City will receive a one-time building permit fee. The City would receive any sales tax from retail sales that occur on the property. RECOMMENDED MOTIONS: Each of the requests will require a separate motion. Request 1: Rezoning/Outline Development Plan "I move to approve Council Bill No. 11-2004, case number WZ-04-01, a request for a rezoning from Residential One to Planned Commercial Development and approval of an Outline Development Plan for property located at 10135 W. 38th Avenue and shall take effect 15 days after final publication, for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: 1. A note shall be added to the Outline Development Plan that reads: "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and open space." OR "I move to table indefinitely Council Bill No. 11-2004, case number WZ-04-01, a request for a rezoning from Residential One to Planned Commercial Development for property located at 10135 W. 38th Avenue for the following reasons: 1. Request 2: Final Development Plan (Note: If the ODP is not approved, the FDP cannot be approved.) "I move to approve Case No. WZ-04-01, a request for approval of a Final Development Plan for property located at 10135 W. 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site." OR "I move to deny of Case No. WZ-04-01, a request for approval of a Final Development Plan for property located at 10135 W. 38th Avenue, for the following reasons: 1. Request 3: Final Plat "I move to approve Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 W. 38th Avenue, for the following reasons: The requirements of the City's Subdivision Regulations have been met. All required utility easements are being provided. Adequate infrastructure will be constructed with the development to serve the proposed use." OPTION B: "I move to deny Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 W. 38"' Avenue, for the following reasons: Report Prepared by: Travis Crane, 303.235.2849 Reviewed by: Alan White Attachments: 1. Planning Commission staff report (with exhibits) 2. Council Bill No. 11-2004 C:/Case Review/Freimuth/Freimuth Council Action Form 2 nd Reading WHE4T A;oF ago CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT oOtoaao° TO: Planning Commission CASE MANAGER: Travis Crane CASE NO. & NAME: WZ-04-01 & MS-04-02/Freimuth DATE OF MEETING: May 6, 2004 ACTION REQUESTED: A request for a rezoning from Residential One (R-1) to Planned Commercial Development, approval of an Outline Development Plan, Final Development Plan and Final Plat. LOCATION OF REQUEST: 10135 W. 38th Avenue APPLICANT (S): Dr. Michael Freimuth OWNER (S): same 8850 W. 38°i Ave. Wheat Ridge, CO 80033 APPROXIMATE AREA: 75,370 sq. ft. (1.73 ac.) PRESENT ZONING: Residential One (R-1) COMPREHENSIVE PLAN: Village Center ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE (X) (X) SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Locat Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. HMENiT Planning Commission W Z-04-01 &MS-04-02/Freimuth I. CASE ANALYSIS The applicant (owner) is requesting a zone change from Residential One (R-1) to Planned Commercial Development (PCD). This application includes requests for approval of an Outline Development Plan, a Final Development Plan and a Final Plat (Exhibit 1, Applicant Request). Each request will require a separate motion. The purpose of this application is to allow for construction of a dental office. The property is currently zoned R-1, and contains a single-family structure. The R-1 zone district allows single-family residential and accessory buildings. The applicant wishes to rezone to Planned Commercial Development for the purpose of constructing a dentist office. The property is 75,370 square feet in size, has a fairly abnormal shape, slopes from south to north and a portion of the property on the northern end is located within the 100-year floodplain. IL OUTLINE DEVELOPMENT PLAN The Outline Development Plan will rezone the property and set allowable uses and development standards. The ODP is general in nature - it serves as a basic blueprint for development of the property (Exhibit 2, Outline Development Plan). A list of allowable uses has been established, and can be found on page one of the ODP. The list generally follows the uses listed as permitted uses in the Restricted Commercial zone district. Most of the special uses listed in the Restricted Commercial zone district were omitted as allowable uses from the ODP. A few notes are included on page one of the ODP that speak to the character of the development. This parcel is envisioned to be a small-scale neighborhood serving development devoid of auto-oriented auto uses. All of the development standards are representative of development standards in the commercial zone districts. A minimum of twenty percent of the site must be landscaped. The building may be a maximum of 10,000 square feet, and may be 35 feet tall. The required setbacks listed on the ODP meet or exceed setbacks required for commercial zone districts as specified in the Code of Laws. The front yard setback is a minimum of 50 feet. The side yard setback is a minimum of 5 feet, and the rear yard setback is a minimum of 20 feet. The ODP refers back to the Code of Laws for all other standards, such as fencing, parking, lighting, signage and architectural design. Since one of the requests is to rezone the property, the rezoning criteria must be analyzed. III. CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone: That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The official zoning map is not in error. The parcel is currently zoned Residential One. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. Planning Conunission WZ-04-01&MS-04-02/17reirnuth There has not been a change in character in the area. A parcel to the west, the Cambridge Park subdivision, was rezoned and subdivided in 1995. Much of the surrounding properties have retained their original zoning, as set by Jefferson County. The Wheat Ridge Recreation Center was constructed directly to the north in 2000. A vast majority of the properties on the south side of West 38th Avenue and abutting the 38th Avenue and Kipling Street intersection are zoned Commercial One (C-1), and are used commercially. A large parcel west of the subject property was rezoned to Planned Residential Development in 1995. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The Comprehensive Plan future land use map designates this property as Village Center. Village Center is defined as areas of commercial uses at major street intersections that serve the motorists and the surrounding neighborhood. Additionally, pedestrian connections should be provided to adjacent neighborhoods. The ODP provides for a wide array of commercial uses, many of which are destination uses. The City will construct a trail linking the Recreation Center to West 38th Avenue along the western perimeter of the subject property. The current Residential One zoning classification is not consistent with the future land use as defined in the Comprehensive Plan. The rezoning will bring the property into conformance with the comprehensive plan goals, objectives and policies. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The properties directly to the east and west of the subject property are zoned Residential One. The properties on the south side of 38th Avenue have been zoned commercially since the incorporation of the City. The intersection of Kipling Street and West 38th Avenue contains heavy regional and local traffic. The amount of traffic generated by this site will be negligible compared to existing conditions. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The proposed zone change will bring an economic benefit to the community in the form of increased sales and property tax and an increase in commercial services. An eventual trail to the Recreation Center from West 38th Avenue will be a benefit to the surrounding neighborhood. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. The Fire District is requiring the installation of a fire hydrant on the south side of the property at West 38`h Avenue. All other responding agencies stated that they may serve the property, and any additional upgrades to infrastructure will be at the cost of the applicant. Planning Commission W Z-04-O l &MS-04-02/Freimuth 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to the adjacent properties. The change of zone should not adversely affect the public health, safety or welfare of the adjacent parcels. This site will generate additional traffic as opposed to the existing single-family house, but not to the point of excessive congestion. The submitted traffic study states that the site will generate less than ten trips per hour, and that the existing roadway system can accommodate the increase in traffic without a decrease in level of service. The site will contain a detention pond located on the west side of the building. The Public Works Department has approved the drainage study and drainage plan. The proposed development should not seriously reduce light and air to the adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. The proposed rezoning will create an isolated zoned district, as this will be the only parcel west of Kipling and north of West 38`h Avenue zoned Planned Commercial Development. However, much of the surrounding area is zoned Commercial One and used commercially. The proposed rezoning will be consistent with the designation on the future land use map in the Comprehensive Plan. Additionally, the proximity of the property to the intersection of West 38`h Avenue and Kipling Street creates a desirable location for a commercial endeavor. IV. FINAL DEVELOPMENT PLAN Where the Outline Development Plan sets all of the development standards and allowable uses for the property, the Final Development Plan addresses development of the property for a specific use (Exhibit 3, FDP). Simply, the Final Development Plan must meet all standards as established by the Outline Development Plan. The applicants wish to construct a dentist office on the property. A dentist office is an allowed use on the ODP. The following tables contain all of the development standards required and provided for the site. Item Required b ODP Provided b FDP Building Square Footage Maximum of 10,000 s q. ft. 5,200 sq. ft. Building Height Maximum of 35 feet 20 feet Setbacks Front Side Rear 50 feet 5 feet 20 feet 117 feet 39 feet (E), 120 feet (W) 64 feet Architecture Per Streetscape Manual Per Streetscape Manual The building elevations are shown on page 4 and 5 of the FDP. The applicant is proposing a stone veneer building fagade with a standing seam metal roof. Planning Commission WZ-04-O1 &MS-04-02/Freimuth Item Required b ODP Provided b FDP Parking 1 space/200 sq. ft. usable area (25 spaces) 37 parking spaces 2 handicapped accessible parking stalls 2 handicapped accessible parking stalls Landscaping • 20% of site (15,074 sq. ft.) • 69%52,000 • 1 tree & 5 shrubs/1,000 sq. ft. required LS area (15 trees & 76 shrubs) • 16 trees & 103 shrubs • Maximum 20% non-living • 15% (7,800 sq. ft.) landscaping (10,400 sq. ft.) • 5 street trees • 5 street trees Lighting Per Section 26-503 None provided (must show at building permit stage) Signage Per Article VII None provided (must show at building permit stage) Fencing Per Section 26-603 None provided Access One access point has been provided from West 38th Avenue. This access point meets the standard of minimum width for an access point in the commercial zone districts. The Wheat Ridge Fire District has reviewed and approved not only the access point, but also all interior-turning radii. V. FINAL PLAT The applicants are requesting approval of a subdivision plat for this property (Exhibit 4, Final Plat). The plat will establish typical utility easements around the perimeter of the property. A cross-access easement has been established in the southeast corner of the property to provide a shared access point between the subject property and the property to the east. A fifteen-foot wide tract of land has been identified on the western property boundary, then continuing east-northeast along the limits of Lena Gulch. This tract will be dedicated to the City of Wheat Ridge, and will be maintained by the City. An agreement was reached during land acquisition for the Recreation Center required the previous owners to provide pedestrian trail access on this property. A document was recorded with Jefferson County that memorialized the agreement. The agreement called for a 15-foot wide dedication along the northern property line, and a reimbursement for public improvements along 38th and Kipling. The City has received the funds for reimbursement. City staff felt the trail access would be better suited on the western property line to provide a pedestrian link between West 38th Avenue and the Recreation Center. It should be noted that the 15-foot dedication is a requirement pursuant to the previous agreement; the location of the tract is not a requirement. Additionally, the applicants are aware that the location of the trail access is not a requirement imposed by the City. The applicants agree with City staff that the western property line is the appropriate location for a trail access. Additionally, the applicants have voluntarily agreed to give the City a portion of the northern property to accommodate the pedestrian trail to an existing bridge located near the northeast corner of the subject property. This is not a requirement imposed by the City. This additional land will provide a needed connection for pedestrians traveling from West 38th Avenue to the Recreation Center. A vast majority of this land is located within the 100-year floodplain. Planning Commission W Z-04-01 &MS-04-021Freimuth The Public Works Department is requiring funds in escrow for the construction of public improvements along West 38th Avenue adjacent to the property. No additional right-of-way dedication is required. The City is undertaking a capital improvement project in the area sometime in the future and will use the funds to construct curb, gutter and sidewalk on the north side of West 38th Avenue adjacent to the property. VI. STAFF CONCLUSION & RECOMMENDED MOTION (S) All responding agencies have indicated that they can serve the property, and the applicant will bear the cost of upgrading any service to the property. The required neighborhood meeting was held on November 25, 2003 and there were several neighbors in attendance. The attendants were generally accepting of the proposal. A few questions were asked about traffic, Lena Gulch and site lighting. A meeting synopsis and sign in sheet have been included for review (Exhibit 5, Neighborhood Meeting Synopsis & Exhibit 6, Neighborhood Sign In Sheet) There are three requests, and each will require a separate motion. Outline Development Plan Staff concludes that the proposed zone change is consistent with the Comprehensive Plan. The proposed use will be compatible with adjacent land use and zoning. Therefore, staff recommends APPROVAL of the zone change and accompanying Outline Development Plan. OPTION A: "I move to recommend APPROVAL of Case No. WZ-04-01, a request to rezone from Residential One to Planned Commercial Development for property located at 10135 W. 38th Avenue, for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: 1. A note shall be added to the Outline Development Plan that reads: "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and open space." OPTION B: "I move to recommend DENIAL of Case No. WZ-04-01, a request to rezone from Residential One to planned Commercial Development for property located at 10135 W. 38th Avenue, for the following reasons: Planning Commission WZ-04-01 &MS-04-02/Freimuth Final Development Plan Staff concludes that the Final Development Plan is consistent with the Outline Development Plan. Therefore, staff recommends APPROVAL of the Final Development Plan. OPTION A: "I move to recommend APPROVAL of Case No. WZ-04-01, a request for approval of a Final Development Plan for property located at 10135 W. 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site. OPTION B: "I move to recommend DENIAL of Case No. WZ-04-01, a request for approval of a Final Development Plan for property located at 10135 W. 38th Avenue, for the following reasons: Final Plat Staff concludes that the Final Plat is consistent with the regulations and standards of Article IV of the Code of Laws. Therefore, staff recommends APPROVAL of the Final Plat. OPTION A: "I move to recommend APPROVAL of Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 W. 38th Avenue, for the following reasons: 1. The requirements of the City's Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use." OPTION B: "I move to recommend DENIAL of Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 W. 38th Avenue, for the following reasons: Planning Commission WZ-04-O1&MS-04-02/Freimuth. J O H N G A R N E R Architect Interior Design 234 Columbine Street Suite 201 Denver, Colorado January 23, 2004 80206 303 3215664 Fax 3215651 City of Wheatridge Community Development Ref: 10135 W. 38`h Ave. Letter of Intent Dr. Ron and Mike Freimuth propose to build a dental clinic as shown on the attached site plan. The building will be one story with approximately 5,000 s.f.. The materials will be complimentary to the rec. center to the north and the residential to the west. Preliminary elevations are also included. Adequate parking will be provided to the south of the building with landscaped islands. Access to the site is located to far west property line so that the entry is as far west of the 38`h street and Kipling intersection. The property is currently zoned residential and will have to be rezoned for this commercial application. We look forward to your preliminary comments to our project. Sincerely, John Garner WHEAT RIDGE DENTAL GROUP I I i OUTLINE DEVELOPMENT PLAN i AN OFFICIAL DEVELOPMENT PLAN IN THE CITY O SE 1 4 SEA 21 TaWNSHIP 3 SOUTH RANGE 69 I t i I 1 1 3 I 10135. WEST 38TH AVE N U E I I I I ~ _ a _ ~ i Nelson St. WHEAT RIDE, COLORADO a~ a SHEET 1 OF 2 t L i t'~ 4 PROJECT 1 i 81tE i Kipling Av. a~ G ~ ~Y _ _ 100 600 1500 ONE OR TWO StORY BUfLDINGrtS FOR MEDfCAL, PROF~SSIONA~ OFFICES RESTAURANt AND RETAIL U5E5. 0 300 1000 2000 SND~ AND REPAIR STORES LOGKSMI7 SPORTINGc GOOD STORES MEAT, PO MUSIC STORES MEDICAL i ~NTIQ~4E SCORES C~fNICS 0 ~+PPaRE~. ~ ACGE550R'~' STORES OFFICE SU aRt CsALLER(E5 ~ StUDl08 OFFICES: BAKERIES BUSINESS SED ~ BREAIG~AST HOMES P~41Nt d W BIGYGLE StOR~S PEt STO t~l IIFPRINtW~~ tiNi'~ OTN~R 51MILtSR REPRODUCTION SERYfCES z„ , ~a,,.r n,- Y 1~./1~1~ I ~frt1 N O R T H I~~ = I(d00~-P~~~ a T f~ r--------------------------------------------------- D~SC~i~~la~l: i { A PANEL OF LAND LOCAt~D IN THE 50UtNEAvt QUARTER OF tl~ 50UtHEASt QUARTER OF, 6 t SECTION 21, TOU~lSHIP 3 50UtN, R,41yCs~ 69 ll~St OF 7NE Sf)CTN PRINCIPAL MEr21pIAN, GI17 OF tUNEAt RID!sE, ~ JEFFERSON, StAtE OF COLORADO, M01~ PaR71C11LARLY DESCRISPD AS ~LLOUJS: t d 1 i L_ CQMM~t~1CINCx AT t1aE g0U7NEA9T C.OfdJ~R OF SAID SECTION 21, TNETIG~ ALOi~x ?NE 5011t~1 LINE OF THE 50 ~ QUARTER OF SAIq SECtION 21, S89 12'43"lU, 35f~2'1 ~ETt ?H~NG~ LEAVINCs gap ~1,ltN LINE N0~ 06'41"W, 30 71~{E uOR7HERLY RICsI-lT-OF-WAY LINE OF lUESt 38tH AllEhaUE AND THE TI~LIE POINT OF SEGIMN~IIi~s, TNETtCE AI NO~TNERLY RICsHt-OF -UJAY LINE S89 12'43"W, 16528 ~EE7 TO A POINT ON 7F~ BOIJNAARY OF A PARCEL OF l t REGORpED AT REGEPt10N NO. F12~6352, TN~NCE ADCs T'NE BOUNDAR'f OF SAID PARCEL OF LAND, 7NE F ~ TF4~E (3) GONSECIItIYE COUi~ES: I) THENCE N00 08'23`YU 140.00 FEEL, 2) 7~NCE 58912'43"UI,15.00 FEET, NOD D8'23"lU 19289 FE~t t0 A POINt ON tNE BOIAdpARY ~ A PARCEL OF I~ND A91~CORD~D At I~CEP SIDO~bll5, tNENCE ALONG 7HE SOLlNDARY OF SAIp PAI~GEL OP LAND tNE ~OLLOU11t~s POUR (4) CONSECUTI IJ TNENCP N45 36'31"E, 31:14 FEEL, 2) THENCE Nl8 36'3'1"E,112~10 FEAT, 3) 7N~VCE S49 03'13" x,12.00 FEET, 4 N13 ID6'31"~, 51.4'( FEEL, tNENC~ L~AYIt~s SQIA PARG~l. ~F LAND AND ALOKs tF;E Ul~St SINE OF Q PARCEL i i 1 t~, fir. I~CORDED A71~CEP?ION NO`F0913894 S00 f~6'41"E, 34 .8'1 FEEL t0 tNE 'r~lJ~ POINT OF SEGsINNINCs. SAIA Y4 ~ - ~ LAND CONTAINS 15,31 ~UA~ ttt I c i. isro Ac.TCtai, ricn~t cm ~.tva. H,4RDW,4RE STORES • INTERIOR D~GORATIN~SNOPS SIMILAR U ~✓i"t fii `tJ~•/ V ~ W~ 2.~ t` [ ice- i ~ I i`ti► V I LI ~ ~ E ( I ~ ~ I ! I i I i E ~ i i rtNE DIRE D~YE~OP OF TNE UJI G~,4~Gt~fi~ O~ D~Y~~O~M~i~l~' r1i~~r'tf~~ ~":~1~fMf 1~1!'I'~' ! ~ i i E i i I i J I i i i i 1 i i i SMALL SCaL~ RETAIL ANp PROCESSIONAL SERVICES INpEPENDENtL~t' OU~IED I i THAT ARE NOT DEPEND~N7 ON HICzH 7RA~IC VOLUMES. Y I 1 T~ I f IU~LI. LANpSCAP~D. NO OU7SID~ StORACxE, SGR~~NED tRASN ENGl.05l~RE8 1 ~ - { E NO DRIVE TNROUCxN ~,4GIL.ItIES OR AU70-ORIENTED COMMERCIAL USES i i -1i I 1 DEVELOPMENt CONTAINS AMENITIES INGLUDINCx BlIGE R4CK5 ,PICNIC TABLE ANp r 1 I i PEDESTRIAN CONNECtIONS TO SURROUNDINCa NEfC~NSORHOODB. .1 f I NEIC~NT ~4Np BULK ARE R~Sl'RICtED AND RE~.A~'~ t0 SCALE OF apJAGENt f I I I i NEICzNBORHOOD. . ~ DO NEREBI' GERTI~Y THAT ~ L______________________________ "THAT THE SURVEY OF k 1 IPL~ASE PRINT) I tHE BOUNpaR1' O~ WHEAT RIDCxE DENTAL CROUP l'uA5 MApE Bl' ME OR ME OR UNDER Ml' DIRECT ~ i ~ - R I i SUPERYI510N 1~ND t0 THE S~St O~ Ml' KNOUJLEDCxE, INFORM,4TION > STAtUtES, CURRENt RE1~I5~D ; OU~N~~ S CRT L G,~eT~ a. I f i AND BELI~~, IN ,4000RDANGE WItN ,4LL APPLIC,4BLE COLORADO STA ~D17fON ,45 AMENDED, tN~ ~CGOMP~4NYINCz PL/~N ACCURaTELI' R~PRE SICxNA C SURVEI~OR'S SEAS I I f t t i i j i E J I I f I r_ - - - i k TNT BE~OU1 51CxNED OUJN~RS, OR 1.ECxaL~1' D~SICaNaT~D ACxENl' THEREOF, DO HER~BI' ACzREE 7HAt THE PROPER7't' L~C~~4LLY PESCRI$FD L_________________________ I I~EREON WILL B~ DEI~LOP~D AS A PLANNED DEVELOPMENT IN .s-° ACGORD,4NCE lU(TN THE USES, RESTRIGtfONS AND CONDITIONS r! .sue C:!)1~I7,d.iNFi'~ fN Tt-IIS PL~4N. AND A^~~"L4Y OtI~ERW15~ B~ REQUfR~D Bit" i i_ 1 r - L I ~ ~ ~~0~ 1 t i Ii 1 e~. - u,z-m~-m~ MS-m4-m2 Z I I I I I I I i I i i ~ ~ I I I I hRl.l-111 C1..IVR/'1L UL Ili1L IV DC r1rr1\VVLV vi i ~ vvivi ivi v1 141 1 1 v"v ~l-vl 4~ t» t r r f a,.. r~ r ~ { I I I I I DIRECTOR IN ACCORDANCE WITH THE STREETSCAPE AND ARCHITECTURAL DE ;ALL ROOFTOP EQUIPMENT SHALL BE SCREENED FROM VIEW. 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SUCH CsRANT OF EA3EMENt 9NALL BE LIMItEA t0 71~ OtUNERS, tENANTB, CU3TOh1ERS, AND GUE5t5 OF 7NE OWN~R3, j AND SHALL FURTN£fd'101~E CsRANT ~sRANT AGC£5S t0 AND IEEE .r ~ M01I~MEN7 THROWN 3AID EA3EMEN7S TO tH03E ENTERIt~Cs SAip EASEMENTS FROM SIMILAW.Y CORDED EASEMENTS FROM i ADJACENT PROPERTIES AND/OR FROM ABUTtING PUBLIC S7~ETS. t i s x, =r- ,r .S SHEET - - - - - . i - - ~ - ^ - - - - - - - - ~ 1 I { r Nelson St. WHEAT RIDGE DENTAL GROUP a~ - Q FINAL DEVELOPMENT PLAN ~ 1 ~~IVIV~IV~ V~~~SS~~~ t~~l` I ~~~Vf~k~~~i~i 1 L AN OFFICIAL DEVELOPMENT PLAN IN THE CITY O SE 1 4 SEA 21 TOWNSHIP 3 SOUTH RANGE 69 10135 WEST 38TH AVE N V E OF WHEAT RIDGE PROJEG"t ~ 81't'E i Kipling Av. 9 WEST 6TH P . M • . t~COMMENp~D ~Oi2 APPROVAL TN15 D~4Y OF , B1' 7NE tuNE~4T RIDCa~ PL,4NNINC~ COP'iMfSSION. 100 600 1500 WHEAT RIDGE, COLORADO 0 300 1000 2000 SHEET 1 OF 5 GHAIRPER50N of C IN I 1"«~ N 0 R T H lr, e I(d~0~-(dn L_-___----'__________________'_ 1 G~,4'' C~'~i~ O~ D~~LO~M~Nt i r r- ~i ~~C~~~ D~SGfi~li~~'ION: ~ r_____________________________ CITY G~fi~~'I~IC,4tfON A PARCEL 0~ LAND LOCAtER IN tl~IE ~UUt'I~{EASt QUAfi~fiER OF tHE SOUt+~i~ASt Gri1AR7ER OF, S~CtION 21, 70U~lSHIP 3 50UTN, RANCs~ 69 tUESt OF 7HE SIXtN PRINCIPAL MERIpIAN, CI'h' OF UJNEAt RIpCs JEFFERSON, 87ATE OF CALOR4D0, MOIL PARTIGULai~.`~ pESCRiBED AS FOLLOWS: APPROVED TNIS p,d,Y p~ B1' tN~ LUHE~4T COMMENCING .47 tNE SOUtN~ASt COpJ~R OF SAip SECTION 21, tH~NCE A;.C~JCs tNE SOUtH LI1J~ O~ 7N~ QUARTER OF SAIA v~CtION 21, 88912'43"W, 350Z'f ~EE'Ct 7NENGE LEAVING SAIA SOI.JtN LINE N00 06'41"W, 3 i tNE N~?HERLY RICsNT-OF-WAY LINE OF U~S'C 3StN AY~NNUE AND T4~IE '1'R.lE POINt OF BEGINNit~, 7NkTlCE HOR'iNERLY RfGNT-OF -UTAY LI1JE 589 12'43'YU,16528 FEAT TO A POINT ON tNE BOIAJpARY OF A PAkCEL I~CORDED At ~C~PTION NO. FI2'16352, tHE1JCE AL.ONrs tF#E BOIaNpARY ~ SAID PARCEL OF LAND, 7NE SMALL 5C,4~E PRO~ESSfONAL DENt,4~ OFFIG~. RIDCx~ GIT't' COUNGfL. ~ tNRE~ (3) CONSEGUtIYE COURSES: i) tNENC~ N00 @8'23"W 140.00 FEEL, 2) tNENCE 889 12'43"W,15.00 PEE ~ N0D 08'23"W 19189 {~E? t0 A POINT ON 7NE BOUNDARI' OF A PARG~L OF LAND AB RECORpED A? I C ~ 80fD'I6'i15, THENCE ALO~ICx tHE BOUNDARY OF SAfD PA L OF LAND TFIE fOLLOUJii~ FOUR l4) CONS~CI I) THENCE N45 36'31"E, 31.14 FEEL, Z) tNENCE ~1~8 36'3'C°'~,112.0~ FEET, 3) THENCE v49 03'23" E,12.00 F~~T, UJEL~ LANDSCAPED. NO OUTSIDE STORAGE, SCREENED TRASH{ ENCLOSURES ,Qt~~S~ . AMPLE PARKINCx PROVIDED EXCEEDINCx GITI' StANp,4RD5. 5 N~3 06'31"E, 51.41 ~E~t, THENCE 1.EAvIPICs SAID PaRC~I, OF LAND AND AL~s tl-IE UI~ST LINE OF A Pa~ RECORDED AT i~ECEP710N NO. X0913894 S00 06'41"E, 345,81 fEEt TO THE 1811E POINT OF BEGINNINCs. SAI ~ I dNf~ ('[~ItdINS 15310 ~if~tld~ ~FE7 (113m IlCRES) Mli~?F [~R I F44 A C~NtRAL LANSC,4PE 15LAND SOFtENS AND BUf~ERS tNE PARKfNC~ LOt IN ITS APPEARANCE FROM 387N StR~E7 AND THE BUILDINCs. i  i ! I ~ 1 i . _ - . r- . i ~ - = 1 ~ 1 ~ i ~ i ~ 1 G ! 1 3 ~ i i i ~ 1 3 ~ J ~ S i ~ I L_~..___..____________________________~____.~.~__----_________,____________________-________ 1 5T,4TE OF GOL0~4p0 ~ I _ ~ i I 3 I ) • t I I I _________w_.._________________________~__________________~___________.~__~._____....____.~____ ~ COUNTY O~ J~i~~;~2SON ) f J 1 ~ i I I ~ I ~ I i z ---________l - - I I T I I I NERE81' GERT!•'' TN,4T tN15 aN UJaS ~I (N TN P~ LED ~ OFFICE O~ i I I :ONSTRUC7ED THE COUNtY CL~'RK ,4ND REGORD~R OF JE~ERSON COUNTY Al' I ~ ~ ~ I RS ,4ND ~ ~ I _ _ _ _ _ ~ C~1v~' ~ R It"`1 nii~.l~n t~ It"" 1"1'f'1~ nt"" I11~ 1~ Rt l~tt"'1/'~ G11 A I 1 I 1 A~ tE I~ l~tr_t It 'h/1 t'1►ttCt!3 L"t Irl 1 - - - F SUfi~V~1'Ofi~'S G~Rtf~IC~4~'ION J r DO HER~81' C~RTI~~ THAT TI I~ lP~~~4SE PRfNT) f~~ ~ - TNT BOUNDARI' OF WNEAt RIDCx~ DENt,4L CROUP UJAS MAp~ Bl' M~ OR U SUP~RYISION aND TO THE BESt OF MY f~NOWL.EIX:E, INFORMAt(ON _ ANp BE~fEF, IN ACCORDANCE WITH ALL aPPLfC,4BLE COLOR4D0 ST,4TU7 ~DItfON AS AMENDED, tN~ /~CCOMPAN'INC~ PL.,4N AGCURATELI' REPRES~ SIC~NA7U l SURY~1'OR'S SEAL . i ~J i ~ L•• i i i { r L___________________________________________________________________________ t tar 1 - l 1 it ICCESSORS, .y UCT~D IN tNE DA'r' O~ ~.D., IN i U~.IC . Gf-45~ ~~S I ~I~~ OVA O~ THE BOOK PAC~~ REC~PtION NO. r i I i MS-~4-02 JEi~ERSON COUNTY CL~i~IG ,4ND RECORp~R _ i Q ~ . ~a Bl'• 7 I I  1 I E I I I L____ _ J i i i I I I I 1 { i i ~ I i I I I i i { NOTARY FU5LIC 1 I 1 { i i I I I I 1 I I L---------------------------------------------------------------------------- _------------------------__-_J SE 1 OF 5 =NMI i WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEA S SE 1 /4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 WEST 10135 WEST 38TH AVENUE i J WHEAT RIDGE, COLORADO SHEET 2 OF 5 i . CF:0~5 ,4CCESS E,4g~MENT L~NC~,tAC~ j THE OWdER ~IIS BUCCE330RS ANP ASSIGNS CsRANTB LIMITE:~ RICsHTS AND Pf21Vil..EGES TO AGCE98 ANp 70 Ft~E MOYEM~NT TNROUCsN THOSE Ats'£AS INpICATED AS 'CR033-ACCE33/ I (NCsREvS-ECs~33 EASEMENtS', AS ILLUSTRA'T'ED UPON 7HI5 PLAN. SUCH GRANT OF EASEMENt SHALL BE LIMITED t0 tl-~ I oU,NERS, ?ENANTS, CUStO1M~RS, ANA GUESTS OF THE OUAJER:i, ANP SHALL ~UR7HERMOR~ CsRANt CsRANt ACCESS 70 AND FREE MOYEMENt 7HROUCsN SAID E~~SEMENt3 TO tH05E ENTERIIycs SAID EA5EMENTS FROM SIMILARLI' ~GORDED HQSEMENtS PROM ApJAC~NT PRAPER7I~S ANplOR FROM ABUt71NCx PUBLIC £7REET8. I i ~ i b_. t a O~ ` O N , s gltE DT,4 T,4BLE .O~ sauA~ ~~r acmes LO? SIRE 75,3'i0 1.130 I SUILDINCx FLOOR AREA 5,200 t1~) 0.11 Y' ~i EXISTING PROPO~p i u~ ~ YAGANT ~ pENTAL ~FICE ~ ~ ~ ~ r ~ 0 . ~ ~ ~~i ~ ~ j I M 1 ~ ~l \ I ~ ~ STORM D j W ~ ~ j ~ 0 CROSS- ~ i o f I ~ e STORM DRAINAGE EASEMENT (K ~ AU.OtI~D PROPOSED CROSS- ACCESS EASEMENT ~ ~ BU(LDINCs NEICsNt 35' 1(D'-0•• wmw I I le ~ ` ~ ~m ALLOWED P~ui'Ov~A NON-PEf2NfEA8L~ COVERAr~ 809', (60,296 5.~a 29`r (21,3'115Fa i j i ~ ~ ~ ~ ~ j ~ ~ I i~QUiRED f'~JYIDED ~ ~ ~ ~It b0'-0° i11' i ~---------f---------------~ ~i~~ I ~ S E TI V I~AR 20'-0" 64'-0" ~ EAST SIDS 5'-0° 39'-0•• ' WESt SIDS 5'-0'" 12f0'-~" S(T L ' FOA'1ULA REQltlfi'2~D PR0 w TOTAL SP. p~~~ ~ pER 200 5F. 25 I ~ ~ I 1 I fl- NAND(GAP SP. I }~R 25 SP. 1 TOTAL PARKIKCx 26 BPACES 39 S REQUIREp PROPO~iED a ~ I~ LANDvGAPE Ai~EA 109',115,014 SPa 699'0 (52,D~ SF.) f i k a s~ N r 1 V _f O T J N A Y 1 O 4 D Y ~ C E K D 8 JG J 8 N F EIM TH Y .a  WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF ®r rw ~ j ~ ~ . s~ a a■r t■r ! r ~ SE 1 /4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 10135 WEST 38TH AVENUE ~f WHEAT RIDGE, COLORADO SHEET 3 OF 5 t 1 1 1 • i 321 ~f4 fc~x 321 X51 t r i b ~.,41~lDSG,4fi~~ S it~r, ~ ~ C~ ~ ~ e ~ ~C ~ LANDvCAPE COII~RACsE ' \ 0 ~ C~ GENUS/SPEGIES MINIMUM/~`tAXIMIIM PROVIDED SIZE STMBOL \ \ \ t.l.1 \ 4 r-°'~ ~ 'a ~ NON-l.IYINCx COY~RAGE I ~ ~ , i... w ~ i w•,w c i t~ n, ew1 n,x.ixe► t• t 1 1 I I I ~ I i 1 ~ I i ~ I ~ ~ 1-- 1 ~ I ~ ~ ( ~ ~ I I ~ t ~ wmw 57R~~11RE~S TREES .y. I ~ ~ I ~ I ~ I ~ I ~ I ~ ~ ~ ~ ~ I ~ i _ ~---------i---- - - I I I 1 I ~ i ~ r~ f S E TI i ~ ~ i i TR~~S i ~ i , ~ a ..s i ~ L S L ~4 tREES I r~ i , i i ~ i 7 1 i i o ~ ~ i ! E L i , e o o y3q,5 ~ i i o . G j ~ o °~o. i ~ o v SHRUBS i i o o WppLl' ' e s ~ ~ ° 1I~I~NICA i i ~ GROUND ~ ~ ° o ° COVER ~ SHRUBS i I ■ I ~ e X 04 0 ~ ~D a it ~ ~ o ~o ~ I I ~ o °p o p ~ ~ ~ I SHRI188 I ~ ° ~ ~ ~ I ~ I ~ ~ ~ ~ I ~ ~ I I ~ ~ ~ 1 R si N CsROUND COYER RIPER ROCK 53as 50P - NA71Y~ FESCUE ~ , , ~ UJOOLLY VERONICA YEt20NICA P~C71NA7A L - - I ~ 1 - NAtI ~ - - •--.J A i 1 7 Y tc D T J N A Y 1 O 4 r s D Y ~ E K D JG ~7 V fit ~ ~ ~ ~ 1~t ~ 5 15 45 _ s NORTH = 30'-m„ J B N F EIM T 0 10 30 60 ~ - n"~ S ~i'  WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF SE 1 /4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 V 10135 WEST 38TH AVENUE WHEATRIDGE, COLORADO SHEET 4 OF 5 HvAG UNI75 HIDDEN BEYOND PAR4PET WALL. 10 I I 2~ ~ ~ 0 a I ~ N V ~ 12 I I'°i°` 1 I 1 I '~21-;5~~4 e~x 1 6 1 l2 .'i 6A. MAfN 7RUSSEB E 112'-0•• 3- BA. SOI~It/CLCs. 0 _ 109'-b•• 16 'Sa 2'-m° ~ it Q 1~ t~ ~ ~ ~ , a ~ 3 ~ ~ tA. SUBFLOOR 10f~'-0°  SCONE VENEER U1ftH StON~ CAP. O NOt USED O p+LUMINUM STOREFRONT UJINDOIUS D FINISH 1° CLOU1 INSUL. C~~AS~ RE: ~~c~~cz~ ~ ~ ~ FOR TEMPERED ~OCAtION~. tctrtr~~acn iwic,i ii nt~n r i n~c HY,4G UNITS HIDDEN BE70ND PARAPET tUALL. 10 K _ ~9 MTL. 1-1,4ND R41L CPA(NT) i I2 ~2 ~ i ~.Z L - - .8 - - - - - - - - - - - - - - - - SA. MAIN T1~SSES - - - - - - - - - - - - - - 111'-0" 10 S1'ANpINCx SE,4M MTL. ROOFINCx 11 '1/8" STUGGO lU/ vIN1'L ~fNISH GOATIi 12 NOt USED BA. SOf~IT/CLCs. e _ 109'-b•• 16 ~3 NOT USED i ~ i4 SCONE SELL 15 ~4LUMINUM STORE~RONt pOORB CP/~I 1/4" CCLR.?) TEMPERED GcL,4SS. i 16 GONtINUOUS MtL. CxUTTER CPAINt 12 lU/ DOUJN SPOUtS CP,41Nt t0 M,4t ~g ~4~0 1~ S1U000 StEPPED D~TAI~INCs tA. SI1H~I..OOR - - - - - - - - - - - - 100'-~° r O~ r---_,.. ii I i f fI t f1/4 • • 9E AN SE 1 HEAT RIDGE ~T 6TH P.M. ~ ~ u R E ~z ass 234 COLUMBINE ST. ~z DENVER, CO 8206 BA. MAIN ti~SES - - - - - 7.2 - ~ - - - SUITE 201 112'-0° ~ - - _e. _ _ - - 321-5664 fax 321-5651 8.0. SOf~IT/CLCx. 109'-b•• I ~V~~~ 16 1 i i~, l~r ~t i [1 I i ) 11 ~ I~ N i i f l ~ ,z it ~tA. L~ - - - - ~~~-m,~ I I P a u  u~ ~~NNS 6 0~°Sf 7 ~""""'~wriwrr,,,,, ~-i~ ~ 1~ 7f~/~ 4I MME 6 J~~` i ■ Y C f 1 t 1 ~ v, r r~,.,`~ f/ B~ / f / I K . _ ~ { ~l O fi` i i. ~ i i ~ ~ i w ~ J' i C 4#~~~5 tt ~fV~ ~1 6~ p e 1 f tss 4b~7 i 1 L 1 J A Y ~ ~ _ Y y i I BA. MAIN ?I~45E5 - - - - - - - - - - - - - 112'-0" 1 1 L j J BA. 50FFIt/CLG. 0 i 109'-6•• J 16 r v~ . k~_ j J. _ i ~ 15 i i ;S5 y i 3 L~ ~r.~ tA. SUBFLOOR - - - - - - - e i 100'-0° _i a r 1 ri to ■ i a S 7 f 1 i~ i UJ~ST T I0 N 1.011 1/4 1 E } ~rr~~~~~ iiin i i i ~ W ' ~ ~ ~ t W + ~ ` ~ ~ ~ F ~ v d ~ ~ (/~~J ~ ~ t • v J W s` 4+~, ~ I +e ♦ 4~.4... a r 1 a 9I1~~/ s, w~ ~ A 1 1 4~D i • a 0 iaa A d a Y a R A# ya► A~ A ► M f4 M A .A. ► r! A MiM MM OM4 MM /NM (/~F y I j,•..n .~.5~ 1 1 .P`~ h'N FrF..rv f i-. "~Mt ~ ~ .M t, CR+~SS ACCESS EASEMENT STATEMENT: ~ 4 ~ S ~ THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED 1 S ' w ~ ~ v MOVEMENT THROUGH THOSE AREAS INDICATED AS ~~CROSS-A RT E R S ECT I U N 21 ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT CUSTOMERS AND GUESTS OF THE OWNERS AND FURTHERMOR ~ THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEM H E 6TH PRINCIPAL MERIDIAN ADJACENT PROPERTIES AND OR FROM ABUTTING PUBLIC STR ~c+o~LSS nsr ~~nn~ on A n, ~ A 9~r.. ~ A ~ / ~ 1 mow/ •r f~W W ~ it l ~ L.i~ Z i U1 I- U W Q dC C~ U) a ► z ~ w <r z ~ ~ ~ ~ ~ w Z J t W W ~ Cl. z w ~ _ ~ ~ ~ Z ,r _t ' 1 r~ r V :r'•. 0 i f~ 1_ I ~ / 0 W✓ r • U " ' V ! V Y i~ l J1 ~ Lr r f !'1 tt ~ ~ ~ ~ W W ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ ~ ~ J Y 4 4 i 1 ~1 f9 # . ,r~, .xi, d h } r ' NY:~ . ri~ a .r s Fi f . 5~.ti5'•'.r~~r,• ~'r :Yl:' ~tiN.:' ~ P f ✓ ~ 1 ::::445 ....w."~~ 1 ~,5{rxr:r.. ,tyr.5~•5'l7 M 55}:: r t rr ~ r .;ir t r) ■ i 1 ~ ~ , ,,,,.--r p5~; r 1 rre'i5Y' 1, . STt)RM DETENTION EASEMENT STATEMENT: .e~'.i5 ~y`}R w..r" THE STORM DETENTION AREA AS HEREON SHOWN AS A DRAI MAIr~TAINED BY THE OWNER AND SUBSEQUENT OvVNERS, HEIR ~ 1 ' / 5 :.r 55 r . 'S5{ { ~Yh}r'.•}r Y _ .`~'''.'•5.~'•5. yiy' SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED O .~J . ~:r•' ~ ~ ) may"/' HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECE ~ 1 1 ~ . c~ f,. t ~ V J ' fr1 1i AND RONALD J. FREIMUTH, BEING THE OWNER(S) OF THE REAL PROPERTY HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY, NO BUi DESCRIBED AS FOLLOWS; DETENTION AREA AND NO CHANGES OR ALTERATIONS AFFEC DETENTION AREA WILD BE MADE WITHOUT THE APPROVAL OF ~r ~~~5 C J .,..:rr / . © ~ ~ ..E...r ~ 1 .rr.,..:.;., r''' • Q I \.d J 'rr' ~ r{i is n ".~f,:.r v v ...rvr ..r,~`.. vv v~v.v v . v v. ~ . v .r ...v v~ ....v V/1\L.J 1 VI♦ V~ ~ V{J {HIV ~~V~~I\~7 9 riii~oon~nA~~v rn~~ir~_~ic~rn ~~r~~~°nrn ♦~~n rrr~~Nnrn m~nnr nr~n~r~~►~e~ nr nr~~ ~ ut - - - - F :fi'~ {p.~, M f ' N11•u~ ~ / ~ L----~' MUNICIPALLYOWNED AND/OR MUNI ~ FND. #5 REBAR ~ FND. 2-1/2" BRASS CAP PROPERTY SHOWN AS EASEMENTS NO C~4P LS X27278 AND REPLACEMENT FOR ALL SERVI I NE COR, GAS LINES, WATER AND SANITARY SE>/4, SE1/4, SEC 2> STREET LIGHTS AND ALL APPURTE T3S, R69W, 61N P.M. 4 ~J 4f4WPP ~r ~`tr :7.:'.ti~' rr '.Y." 1~~. •reb'r' ,y,;p•~ ' • ''fF.~ l J ~ 1 .5:;: yy9~ 7~ 4 ua:: rr l .1.. Vf '~f r ,1,:;,. ~ ,rK W d .,~;yk~~i}r j:~t:;.•t:tr ~•y, ,fir, C~ ~ ~ ,.ti., • y 4 3rme~llsaiMl~love/~s ~YVn~ r~.` r ~ 9 r. •~ti• ~ - ( \j •~9 ; ~k/ .44~' ~r h'~. _ }.ti,~{r t FND. ,#5 REBAR W/ OWNER; MICHAEL S. FREIMUTH ~ • ~ ~ r.,. ~ rr::'1:9r':'~~~ (2 ~ + 1 ALUM. CAP I w I LS ,26606 v W ~ ~ ~ w ~ ~ ~ ~U r Q_ v~ C~ tI7 t)o .::::r~.r>. / ~ :1::.9Mf ~'Ai`: 1. y ~y ~•~~9'yr:r'~ , ',.1, ~ ~ ~ ti~ ~kk r~'4:tiF ,~.yy W y ;~~5 7frr. 'il ~r:~r ~rti i , 1;. " 1r~'{r~ r °r v,~~y}r. ~r r ~ . r }i'~'4 ~ BENTS FOR THE CONSTRUC710N, INSTA~lATION, OPERATION, MAINTENANCE, REPAIR 1'.94•:' ~ . r~{: {{r /V~ 1 .rr{•. Sr .Yr, SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, ___M_ 'Tt ~'1R1 A ~I Cl C~ C'" 1 I C C A h! t"'1 I R I A l'` P'~ t~C3 C1 A A I C' 11tt~'i'L_1 A 1 r ~r•{1:r •:'1tir: rr rn ~ ~ ~ rp a NARY LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, DIRECTOR OF COMMUNITY DEVELOPMENT rr~" V . r. • ~`'~yr 1 S•rtf''' l Y,. •tititir• it .,~~}.r~;yr;. t~ - PURTENANCES THERETO. ur +r ~ R 4- ~ v{.~ ~'s ' i :~~r°,: 4nS: x_ ~ .,c~Lf,, I~EC~ ~i~IN1ENGEQ F'OI~ ,"aPPROVAL T'riiS~_.---~._I~~Y OF..,,__ 20_,___BY THE WHEAT RIDGE PLANNING COMMISSION. K~ F • 1 Y- r'r ~Or~rr~~✓✓~0 `fi'r;! ✓p,{••• r , fH i,} , 4Y,~~ . yyr~L~': ri.4~~ 4{'::':tiY1. -~1 ,f,; dr:s~' # j p ';i,~4L' .Yi'••~'flr r 1:9,. i~ CHAIr2PERSON (h ~:dy;: ~ w' 9,; , ~9f~~~: F ,r1ti~" i }.,rr: 4~ {{}{5 111 .1 G H r ♦ l~~ti•~r r r LL 4r:}r f~ ~.,~;J 0 ~ SUFZVEYOR'S CERTIFICATION: c,~ ~ Z ~ ~ I, Wr3YNE W, HARRIS, DO HEREBY CERTIFY THAT THE SURVEY 7,,'rj~ h9 N ~:w:.:...` ~ o +.LJ ~ ','~W ~'j Ms CL ~ L..~. `.J ~ LL t19'L.h• DENTAL GROUP SUBDIVISION" WAS MADE UNDER MY SUPERVI 19, .2004 ANp TO 'THE BEST OF MY KNOWLEDGE, INFORMATIO APPLICABLE COLORADO STA~'UTES, CURR~N7 REVISED EDITION r: r. f /~y~ A r + vV ACCi1RATELY REPRESENTS SAID SURVEY. Ul C~ C~ ~ ~ ' WAS ACKNOWLEDGED BEFORE ME THIS __DAY OF A.D, 2004 N JD RONALD J. FREIMUTH, WITNESS MY HAND AND OFFICIAL SEAL, Y- t~, 1 , 4 s_e r.r Q , 3- A r 8 {MI,S ~.,y A . / (mil r v . S ~ Cs Q~ ~ r ~ r ~ ~ ~ Y a. I Tarr~r rrww..♦ ww r w . a o Itf Po M. NOTES: t-\ 1 v u f'1 I\ 1 1Z:)/- V-j u N 350.27' 1. TRACT "A" IS HEREBY DEDICATED )ICATED TO THE CITY OF WHEAT RIDGE AS RIGHT-OF-WAY FOR PEDESTRIAL TRAIL MS-04-02 > 589'12'43 "W 2642,13' MARTIN / MARTIN a~ SOUTH LINE OF THE SE f/4 SEC. 2f USAGE BY THIS PLAT. WZ-04-01 CONSULTING ENGINEERS ti l z 38TH A VENUE 2. TRACT "B" 15 A PARCEL LOCATEI _OCATEO IN OR NEAR THE FEMA 100 YEAR FLOOD LIMITS, ZONE A, 1 2499 WEST COLFAX AVE:. 0 0 60' PUBLIC R, 0. W. P.O. Box 151 500 1,. AK.EWOMD, CD 9021 5a 303.431.6100 FAX 30:3.431 .40 E3 Z Z ~ QjQ WHEATRIDGE DENTAL OFFICE 00 EAmIE OF WHEAT 7500 West 29`" Avenue City of Wheat Ridge, Colorado 80215 wheat Ridge ~~G ORP~O Neighborhood Meeting Notes Date: 25 November 2003 City Staff Present: Travis Crane Location of Meeting: 7500 W. 29`" Ave./Second Floor Conference Room Property Address: 10135 W. 38" Ave. Property Owner(s): Drs. Ron & Mike Freimuth Property Owner(s) Present? yes Applicant(s): Same Existing Zoning: R-1 Comprehensive Plan Designation: Village Center Existing Use/Site Conditions: Single Family residential structure Applicant Proposal: Rezone property to PCD for the purpose of constructing a dentist office. Issues Discussed: A few attendees inquired about the existing dental practice - how many employees, hours of operation and expected traffic to be generated by the new office. There were some questions regarding on-site landscaping and streetscape in the right-of-way. Traffic conditions were also discussed. There were several questions regarding Lena Gulch and access to the Gulch. One attendant asked about the Comprehensive Plan designation for thi; property, and if the property to the east were planned to be redeveloped. EXHIBIT z I- W W o0 o 0 N L 6Z W O a~ z a _ -o E F z O > z m z CL a = W c!) c n W w z IL m c 0 s a N i a 1 ~ N a zl N M d' CO I~ W 6) r ®I LLI INTRODUCED BY COUNCIL MEMBER Council Bill No. 11-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Doctor Mike Freimuth, approval of a rezomm in Wheat Ridge, Colorado, Case No. WZ-04-01, for property located at 10135 West 38 Avenue, and based on a recommendation of approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential One District and to include in the Planned Commercial Development zone districts the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00°06'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38TH AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°12'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F1276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00°08'23"W, 140.00 FEET, 2) THENCE S89°12'43"W, 75.00 FEET, 3) THENCE N00°08'23"W, 192,89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45°36'37"E, 37.74 FEET, 2) THENCE N78°36'37"E, 112.00 FEET, 3) 22 ATTACHMENT THENCE S49°03'23"E, 72.00 FEET, 4) THENCE N73°06'37" E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00006'41 "E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety; and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this 24t' day of May, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 14"', 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14`s day of June, 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY GERALD DAHL, CITY ATTORNEY eAplanning\for \ord.frm POSTING CERTIFICATION CASE NO. PLANNING COMMISSION CITY COJU~ (NC / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 11/A4, ! `1 t~ q oO 4- I, residing at (address) as the applicant for Case No. , hereby certify that I have posted the Notice of Public Hearing at on this day of 200j, and do hereby certify that said sign has been posted and rem i ed in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public he applicant's case file at the Community Development and will be placed in the MAP e:lplanning\forms\postingcert Rev. 1/1/03 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge FAX 303/235-2857 May 27, 2004 Dear Property Owner: This is to inform you of Case No. WZ-04-01 which is a request for approval of a rezoning from Residential-One (R-1) to Planned Commercial Development (PCD) and approval of an outline and final development plan for property located at 10135 W. 38th Avenue and Case No. MS-04- 02 which is a request for approval of a final plat for property located at 10135 W. 38th Avenue. These requests 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 June 14, 2004 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 are a property owner within 100 feet of this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. Mocum m and SettlnpUthyWy D mmentsU ffi3IPC"TSTLAN OhNcnotice0004Xw 31l.wpd ~3 . • MetroScan / Jefferson (CO) OiVner :Denning Franklin D Jr Parcel .O4p7o~ 2499 0003 1176 Site :3865 Kipling St Wheat Ridge 80033 7003 2260 Mail :10135 W 38th Ave Wheat Ridge Co 80033 Use :1111 Vacant,Residential Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:2.28 MetroScan / Jefferson (CO) • Owner :Matiscik Richard Parcel :048810 Site :10221 W 38th Ave Wheat Ridge 80033 L70Q3 226- 0003 1176 2482 Mail :6296 Holman Ct Arvada Co 80004 Use :1112 Res,Improved Land - one Bedrm: Bath:1.75 TotRm: YB:1950 Pool: B1dgSF:988 Ac:.31 • MetroScan / Jefferson (CO) • Owner :Harrison Dean A Parcel :049055 Site :10191 W 38th Ave Wheat Ridge 80033 70-3 226- -0-3 1176 2475 Mail :PO Box 1838 Arvada Co 80001 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1900 Pool: BidgSF:1,758 Ac:1.02 MetroScan / Jefferson (CO) • Owner :Freimuth Michael S/Ronald J Parcel :049082 Site :1013.5 W 38th Ave Wheat Ridge 80033 7QQ3 226- 0003 1176 2468 Mail :8850 W 38th Ave Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1922 Pool: B1dgSF:1,423 Ac:1.73 MetroScan / Jefferson (CO) • Owner :Tpr Acquisition Group Llc Parcel :049153 Site :10101 W 37th P1 Wheat Ridge 80033 7003 2260 0003 1176 2451 Mail :PO Box 9867 Colorado SpringsCo 80932 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1974 Pool: B1dgSF:27,043 Ac:2.95 MetroScan / Jefferson (CO) • Owner :Peter Jacob Investments Llc Parcel :110075 Site :10050 W 38th Ave Wheat Ridge 80033 7QQ3 226- ---3 1176 2444 Mail :3777 Kipling St Wheat Ridge Cc 80033 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1967 Pool: B1dgSF:21,735 Ac:2.85 MetroScan / Jefferson (CO) Owner :City Of Wheat Ridge Parcel :203660 Site :4005 Kipling St Wh idge 80033 Xfered :12/30/1997 Mail :7500 W 29th A heat Ridge Co 80033 Price Use :9149 Exem ,Political Sub,Land Phone Bedrm: h: TotRm:l YB:2001 Pool: B1dgSF:71,000 Ac:3.55 MetroScan / Jefferson (CO) • Owner :Wheatridge Rec Center Finance Authority Parcel :203666 Site :40th And Kipling Wheat Rid Xfered :08/11/1998 Mail :7500 W 29th Ave Whea- ge Co 80033 Price Use :9149 Exempt,Pol' 'cal Sub,Land Phone Bedrm: Bath TotRm: YB: Pool: B1dgSF: Ac:5.68 : MetroScan / Jefferson (CO) Owner :City Of Wheat Ridge Parcel :203668 Site :10150 W 40th Ave Wheat R' 0033 Xfered :12/30/1997 Mail - :7500 W 29th Ave Wh idge Co 80033 Price Use :9149 Exempt, tic al Sub,Land Phone Bedrm: Ba TotRm: YB: Pool: B1dgSF: Ac:1.38 MetroScan / Jefferson (CO) Owner :Equilon Enterprises Lic Parcel :405811 Site :3805 Kipling St Wheat Ridge 80033 7003 2260 0003 1176 2437 Mail :PO Box 4369 Houston Tx 77210 Use . :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1989 Pool: B1dgSF:1,716 Ac:.77 : MetroScan / Jefferson (CO) • Owner :Kliewer Viron D Parcel :422536 Site :3862 Lee Cir Wheat Ridge 80033 7003 226- -003 1176 2420 Mail :3862 Lee Cir Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:2.25 TotRm: YB:1998 Pool: B1dgSF:2,060 Ac:.19 _ Information compiledfrom various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. MetroScan / Jefferson (CO) Owner :Berg Marilyn J Trust Parcel :422538 Site :3882 Lee Cir Wheat Ridge 80033 - -^=~~^t~nnz Mail :3882 Lee Cir Wheat Ridge Co 80033 7003 2260 0003 1176 2413 Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.75 TotRm: YB:1998 Pool: B1dgSF:1,860 Ac:.15 MetroScan / Jefferson (CO) • Owner :Amstutz Julia R Parcel :42253A 2406 Site :3892 Lee Cir Wheat Ridge 80033 7p03 2260 01303 1176 Mail 3892 Lee Cir Wheat Ridge Co 80033 u 1 Use :1112 Res,Improved Land Phone _ Bedrm:2 Bath:1.75 TotRm: YB:1999 Pool: B1dgSF:1,558 Ac:.16 MetroScan / Jefferson (CO) • Owner :Newsome Thomas T Parcel :422540 Site :3902 Lee Cir Wheat Ridge 80033 7003 2260 0003 1176 2390 Mail :3902 Lee Cir Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone :303-940-7358 Bedrm:2 Bath:1.75 TotRm: YB:1999 Pool: B1dgSF:1,822 Ac:.16 • MetroScan / Jefferson (CO) Owner :Buntin C R 'a99141 Site :3906 Lee Cir Wheat Ridge 80033 7003 2260 0003 1176 2383 Mail :3906 Lee Cir Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone - :303-421-4660 Bedrm:2 Bath:1.75 TotRm: YB:1999 Pool: B1dgSF:1,654 Ac:.18 • MetroScan / Jefferson (CO) • Owner :Cambridge Park Homeowners Assoc Inc parcel :422640 ff12YJl'~S~LJ Site :*no Site Address* 7003 2260 0003 1176 2376 iJ Mail :835 Delaware St Denver Co 80204 NKti Use :4151 Agr,Home Owner Association Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:.09 Mpv 21 20p4 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy. or completeness of information contained in this report. Franklin Denning Jr. & Lisa Denning 10135 W 38th Ave Wheat Ridge, CO 80033 Michael & Ronald Freimuth 8850 W 38th Ave Wheat Ridge, CO 80033 City Of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 Equilon Enterprises Llc PO Box 4369 Houston, TX 77210 Julia Amstutz & Mahlon Amstutz 3892 Lee Cir Wheat Ridge, CO 80033 Cambridge Park Homeowners Assoc Inc 835 Delaware St Denver, CO 80204 Richard Matiscik & Denise Matiscik Dean Harrison 6248 Holman Ct PO Box 1838 Arvada, CO 80004 Arvada, CO 80001 Tpr Acquisition Group Llc Peter Jacob Investments Llc PO Box 9867 3777 Kipling St Colorado Springs, CO 80932 Wheat Ridge, CO 80033 Wheatridge Rec Center Finance Authority City Of Wheat Ridge 7500 W 29th Ave 7500 W 29th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Viron Kliewer & Lorraine Kliewer Marilyn Berg 3862 Lee Cir 3882 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Thomas Newsome & Jayne Newsome C R Buntin & Margaret Buntin 3902 Lee Cir 3906 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 * Search Parameters * Jefferson (CO) * 5/27/2004 * 8:44 AM Parcel Number... 16 39 214 00 030 39 214 00 029 39 214 00 031 39 214 00 044 39 214 12 044 39 214 12 087 39 214 12 088 39 214 12 089 39 214 12 090 39 214 12 092 39 214 13 002 39 214 99 001 39 214 99 002 39 214 99 003 39 281 00 004 39 281 00 005 THE Denve: Newspaper Agency DENVER.CO PUBLISHER'S AFFIDAVIT City and County of Denver, STATE OF COLORADO, SS. Diane Trujillo . being of lawful age and being first duly sworn upon oath, deposes and says: :,ea-a advEa2S=ac RevZBwer That helshe is the . Of The Denver Newspaper Agency, Publisher of the Denver Post and Rocky Mountain New" daily newapa.." of general Clrculatlvn published anc printed in whole ar in Part in Denver, in the Gounfy of Denver and State of Colorado, and that said nev ap...r was prior 1. and during all the time hereinafter mentioned duly ...i fied For the .ublication of tegm notices ana advertisements w,thin the Meaning of an Act of the GO-Or-1 of the Stare of C.,orao.. .:.Drove. APni ! g=!, cs amen... ono avpr.vev March An. as ame . nnv aovrov.. darca ...n C¢T+no L 'u" 'N't"Ot' and !.he eea O' :nme'x an. D..IiE.err.:here.i. w;.mvis+on rvna. I all aC3 :n. J.M :f acs :n contlic: .m he .r-h¢ A--' mmvments hereto: That the naice..r whien the annexed is a true coup, was Publianed in - +be new :a wit: (dates vi publi q.....: SCe- C-li Signature :auoscnbed and sworn to ..lore me thin a. , , , „par 0:.... MA" ^004. „ Noyry Public. My vvmmisaion expires.5 .~GTAt~ r AV ~•'c ~~q~~,c•.,•8 ,.•0p `1,1w,OF CO. 0 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 June 14, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 290h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WZ-04-01: An application filed by Dr. Michael Freimuth for approval of a rezoning from Residential-One (R-1) to Planned Commercial Development (PCD) and approval of an outline and final development plan for property located at 10135 W. 38 h Avenue and legally described as follows (see legal description for Case No. MS-04-02): Case No. MS-04-02: An application filed by Dr. Michael Freimuth for approval of a final plat for property located at 10135 W. 38'h Avenue and legally described as follows (the following legal description pertains to both cases): A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00°06'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38' AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°12'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F 1276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00°08'23"W, 140.00 FEET, 2) THENCE S89°12'43"W, 75.00 FEET, 3) THENCE N00008'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECTPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45°36'37"E, 37.74 FEET, 2) THENCE N78°36'37"E, 112.00 FEET, 3) THENCE S49003'23"E, 72.00 FEET, 4) THENCE N73°06'37"E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00006'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Rocky Mountain News Date: May 28, 2004 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge 303.235.2846 Fax: 303.235.2857 7 June 2004 Suzy Savajian Security Title Guaranty Company 143 Union Boulevard #450 Lakewood, Colorado 80228 RE: 10135 W. 38`h Avenue/Case No. W085430A03 Dear Mrs. Savajian: This shall serve as a follow up to the conversation we had last week regarding the property located at 10135 W. 38`h Avenue, the Denning property. When the City purchased land adjacent to the subject property for the Recreation Center, an agreement was made between the Dennings and the City, which stated that the City would construct public improvements, including a new traffic lane and a traffic signal adjacent to the Recreation Center and subject parcel. This agreement was recorded with Jefferson County under Reception number F1267239. In turn, once the subject parcel was redeveloped, the developer would reimburse the City for construction of public improvements. The cost of construction for these improvements was $37,288.00. The subject parcel is in the process of being rezoned, and will be redeveloped upon approval of the rezoning. The current owners purchased the subject parcel from the Dennings in September of 2003. Included in the purchase price was the $37,288.00 reimbursement for public improvements that is currently held by Security Title Guaranty. Please remit the $37,288.00 reimbursement fee to the City of Wheat Ridge to my attention. This payment will satisfy the requirements of the recorded agreement. Please feel free to contact me with any further questions. I can be reached at 303.235.2849. Sincerely, Travis R. Crane Planner of WHEgT ITEM NO: a U m REQUEST FOR CITY COUNCIL ACTION c~CORP00 COUNCIL MEETING DATE: MAY 24, 2004 TITLE: COUNCIL BILL NO. 11-2004, AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135 W. 38TH AVE. (WZ-04-01/FREIMUTH) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ® ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Dr. Michael Freimuth is requesting approval of a rezoning for the property located at 10135 W. 38`x' Avenue. The property is currently zoned Residential One. The applicant wishes to rezone the property to Planned Commercial Development. The R-1 zone district allows only single-family structures and associated accessory buildings, while the Planned Commercial Development zone district would allow a range of commercial uses as specified on the Outline Development Plan. The uses detailed on the ODP are similar in nature to the permitted uses in the Restricted Commercial zone district. The ODP will establish all allowable uses and development standards for the property. The applicant wishes to construct a dental office on the property. An Outline Development Plan, Final Development Plan and Final Plat will also accompany the rezoning request, and each of these documents will be reviewed at second hearing. The subject parcel is 75,370 square feet in size, and slopes from south to north. Lena Gulch runs along the northern property line. Planning Commission recommended approval of the rezoning with one condition. COMMISSION/BOARD RECOMMENDATION: Planning Commission heard this request on May 6, 2004 and recommended approval for the following reasons: L The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: 1. A note shall be added to the Outline Development Plan that reads: "Tracts A & B are non-buildable tracts, and may be used as pedestrian walking trails and open space." There were no neighbors present at this public hearing to speak to this request. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The City has received a one-time application fee for the land use application. When redevelopment occurs, the City will receive a one-time building permit fee. The City would receive any sales tax from retail sales that occur on the property. "I move to approve Council Bill No. 11-2004, case number WZ-04-01, a request for a rezoning from Residential One to Planned Commercial Development on first reading for property located at 10135 W. 38`" Avenue, ordered published, public hearing set for June 14, 2004 at 7:00 in the City Council Chambers." OR "I move to table indefinitely Council Bill No. 11-2004, case number WZ-04-01, a request for a rezoning from Residential One to Planned Commercial Development on first reading for property located at 10135 W. 38`x' Avenue." Report Prepared by: Travis Crane, 303.235.2849 Reviewed by: Alan White Attachments: 1. Planning Commission staff report (with exhibits) 2. Council Bill No. 11-2004 C:/Case Review/Freimuth/Freimuth Council Action Form 1" Reading INTRODUCED BY COUNCIL MEMBER Council Bill No. 11-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Doctor Mike Freimuth, approval of a rezoni% in Wheat Ridge, Colorado, Case No. WZ-04-01, for property located at 10135 West 38` Avenue, and based on a recommendation of approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential One District and to include in the Planned Commercial Development zone districts the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00006'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38TH AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°12'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F1276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00008'23"W, 140.00 FEET, 2) THENCE S89°12'43"W, 75.00 FEET, 3) THENCE N00008'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45°36'37"E, 37.74 FEET, 2) THENCE N78°36'37"E, 112.00 FEET, 3) ATTACHMENT THENCE S49°03'23"E, 72.00 FEET, 4) THENCE N73°06'37"E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00°06'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 24th day of May, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 14th, 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004. SIGNED by the Mayor on this day of , 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: e Aplanning\forms\ord.frt 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 May 14, 2004 Dr. Michael Freimuth 3850 W. 38th Ave. Wheat Ridge, CO 80033 Dear Dr. Freimuth: Ridge At its meeting of May 6, 2004, the Planning Commission has recommended approval of Case No. WZ-04-01(A), a request to rezone property from Residential One to Planned Commercial Development located at 10135 West 38th Avenue, for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: 1. A note shall be added to the Outline Development Plan that reads: "Tracts A and B are non-buildable tracts and may be used as pedestrian walking trails and open space." Planning Commission has also recommended approval of Case No. WZ-04-01(B), a request for approval of a Final Development Plan for property located at 10135 West 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site. Finally, Planning Commission has recommended approval of Case No. MS-04-02, a request for approval of a Final Plat for property located at 10135 West 38th Avenue, for the following reasons: 1. The requirements of the City's Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. The City of Wheat Dr. Michael Freimuth Page 2 May 14, 2004 Your request is scheduled for first reading by City Council at 7:00 p.m. on May 24, 2004, and second reading with public hearing on June 14, 2004. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy ZZd Administrative Asst. Enclosure: Draft of Minutes cc: John Garner 234 Columbine St. Denver, CO 80206 WZ-04-01 & MS-04-02 (case files) c:\...Ny Documents\Kathy\PCRPTS\PLANGCOM\CORRESP\2003\WZ0212 PUBLIC HEARINGS A. Case No. WZ-04-01: An application filed by Dr. Michael Freimuth for approval of a rezoning from Residential One to Planned Commercial Development and approval of IF an outline and final development plan for property located at 10135 West 38 s Avenue. B. Case No. MS-04-02: An application filed by Dr. Michael Freimuth for approval of a final plat for property located at 10135 West 38 h Avenue. These two cases were presented by Travis Crane. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the cases. He reviewed the staff report and digital presentation. Staff recommended approval of both cases for reasons and with one condition as outlined in the staff report. In response to a question from Commissioner McMILLIN, Travis Crane explained that a 100- foot radius is required for notification of public hearings. Commissioner McMILLIN expressed concern that 100 feet is too minimal when there are lots in Wheat Ridge with 100- foot widths. Meredith Reckert commented that in addition to these notices, the property is posted and notices are placed in the newspaper. Neighborhood meetings require notice within a 600-foot radius. Commissioner McMILLIN will research to see if noticing requirements are covered under state statutes. Commissioner CHILVERS asked how the trail would impact neighbors to the west. Travis Crane replied that there should be no impact because the trail would be within the fifteen-foot tract and would not spill over onto the property owner on the west. The trail design has not been finalized by the Parks Department at this time. The decision as to whether a fence will be placed on the east side of the trail also will be made by the Parks Department. Commissioner SCEZNEY referred to the Comprehensive Plan's designation of this area as town center development and asked if Lena Gulch was the boundary for the town center designation. Meredith Reckert stated that when the Comprehensive Plan was rewritten; the area from Lena Gulch to 38 h and Kipling was designated village center and Lena Gulch did provide.a natural boundary. Commissioner McMILLIN asked if staff was aware of any future development to the east of the subject property. Travis Crane stated that there have been preliminary discussions with a potential developer for this property who is contemplating commercial development similar to the subject case. Commissioner PLUMMER asked if staff had received any objections from R-1 property owners to the west. Travis Crane replied that the property owners have not objected and, in fact, have taken preliminary steps to rezone the property. John Garner 234 Columbine Street, Denver Mr. Gamer, architect for the applicant, was sworn in by Chair PLUMMER. He concurred with Planning Commission Page 2 MAY 6, 2004 the staff report. He stated that site lighting and signage will be in compliance with city standards. Commissioner SZECNEY inquired about regulations in regard to internal standards for radiation shielding. Mr. Gamer stated that in today's dental practices, radiation units are so efficient that the radiation falls off within six feet eliminating the need for lead shielding. Commissioner PLUMMER asked if any members of the public wished to address this matter. There was no response. Commissioner SCEZNEY commended the applicant for volunteering land for the pedestrian trail space. Commissioner McMILLIN also commended the applicant for a well-designed and attractive structure. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to recommend approval of Case No. WZ-0401(A), a request to rezone from Residential One to Planned Commercial Development for property located at 10135 West 38th Avenue, for the following reasons: 1. The change in zone will be in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. With the following condition: AFT 1. A note shall be added to the Outline Development Plan that reads: "Tracts A and B are non-buildable tracts and may be used as pedestrian wallring trails and open space." The motion passed 6-0 with Commissioners McNAMEE and WESLEY absent. It was moved by Commissioner SCEZNEY and seconded by Commissioner WITT to recommend approval of Case No. WZ-04-01(B), a request for approval of a Final Development Plan for property located at 10135 West 38th Avenue, for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site. The motion passed 6-0 with Commissioners McNAMEE and WESLEY absent. It was moved by Commissioner STEWART and seconded by Commissioner McMILLIN to recommend approval of Case No. MS-04-02, a request for approval of a Final Plat for Planning Commission Page 3 . MAY 6, 2004 property located at 10135 West 38`b Avenue, for the following reasons: 1. The requirements of the City's Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. The motion passed 6-0 with Commissioners McNAMEE and WESLEY absent. 8. OLD BUSINESS Commissioner WITT commended Commissioner McMILLIN for his presentation to the Commission at the last meeting regarding lighting standards. 9. NEW BUSINESS DRAFT Meredith Reckert reported that staff is presently working on lighting standards, landscaping regulations in response to the drought plan, and the sign code. Commissioner McMILLIN commented that he has learned a developer is planning a residential development for the Wide Horizons property. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to adjourn the meeting at 7:45 p.m. Phil Plummer, Chair Planning Corn MAY 6, 2004 Ann Lazzeri, Recording Secretary Page 4 east from W. 380i Ave. Looking north at subject property to Rec Center 2 Final Development Plan 3 DevelopmeniStpnd* -Building F AMI~ Regmred OO}IY P~iY+Jed by FOP What, ilpfpnnt Xf;i ,0000sgd Si(Al eq M wid g H"*' Mrs. 35d V Setbacks Pont SaP@Ct IN I19 fcet Side 5£eet 39 feet (E) 1 (p ee1(R) Rear I3Pcal i@fet lvchiteclure P Srreglapa ¢1Jdry l ~eOtS 'eee"', Manual Developf)Standards Item - R q Ye(Lb, ODP . P o ded by FDP Paiy py t P d 00 q R, 37pwls a sV ccs as~kle area (a spaces) ~0"„~O a`HC3talls EFJC st Its,~,_ Lad p ng a 0/ (Ub7A sq e) 69g',(52,006 •A A ta, & --§SFUUbsl1,000 16 frets& S03 sIr2G6s i Sg1L (15,trccs 9htub) Max. 24lnq 1 m5% (7,800 sq it.) jrg40PS.R} ` .S~s)teet tress 5st ctnees Lighting Per Section' ~.y Signage Per Miele VD r~1~0 $Jone povided Fencing Per Section 26-603 Nanepo,dded 4 5 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE ~ lVo~. icJ~- oY-Ol~/t'IS-oY-vz CX 0~0 LC- /D 1T (Please Print) Nam Address In Favor/Opposed City of Wheat adge ` Department of Dubuc Works May 4, 2004 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 Wayne Wray Harris, P.E., P.L.S.' Martin/Martin, Inc. P.O. Box 151500 Lakewood, CO 80215 303.431.6100 Re: Third Review Comments of Final Drainage Report/Plan, Grading & Erosion Control Plan, Final Plat, and Final Development Plan, received on April 30, 2004 for the Wheat Ridge Dental Group located at 10135 West 38"' Avenue. Dear Mr. Harris, This letter is to inform you that the Final Drainage Report, Grading & Drainage Plan, and the Erosion Control Plan for the above referenced project have been reviewed and approved for construction. Please be aware of the following items regarding the construction of the project: 1. Erosion control for the project shall be placed in conformance with the NPDES/BMP requirements as 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. Wayne Wray Harris, P.E., P.L.S., shall provide to the City of Wheat Ridge a Drainage Certification letter stating that the grading and the drainage shall function as defined in the Final Drainage Report and Plan, and the site has been accurately surveyed to confirm the construction was completed in accordance with the approved documents. The Certification Letter shall be written and stamped by the Engineer-of- Record who prepared the Final Drainage Report, and shall be submitted for review and approval by the City prior to issuance of the Certificate of Occupancy. 4. It will be the responsibility of the of the contractor for the project to repair any damage to any existing public improvements on West 38"' Avenue as a result of related construction traffic in the area. Also, the contractor will be responsible for maintaining West 38"' Avenue on a regular basis such that it is free of construction debris and tracking from construction traffic accessing the site. 5. It will be the responsibility of the developer/owner, to provide the necessary testing, as applicable for the scope of this project, for subgrade compaction and other related material tests for those improvements to be constructed within the public Right-of-Way. (SEE ATTACHED MATERIAL SAMPLING & TESTING REQUIREMENTS) 6. Prior to the construction of improvements within the public Right-of-Way, the necessary Right-of- Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. 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). Due to the area of this site (1.730 acres), the area of disturbance appears to exceed 1, acre. Therefore, a National Pollutant Discharge Elimination System (NPDES) permit will be required for this project. A copy of the NPDES Permit is to be submitted to the Department of Public Works prior to issuance of the Minor Grading/Landfill and Building Permits. The NPDES permit may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Bill Weyman, Field Services Supervisor Travis Crane, Planner File (3) WR Dmtal Cmup (10135 W38th).doc 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 fiuvish 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 fiunish 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. WR Dental Group (10135 W389h).doc Table 720-1 City of Wheat Ridge Materials Testing Requirements Type of Test Frequency Remarks Soil Survey (Classification), 1 per 500 feet of roadway or pipe Surveys for roadway and trench AASHTO M145 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, I 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 w2 cenw Group (10135 w38m).aa POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) H: I, re (address) as the applicant for Case No. , hereby certify that I have posted the Notice of Public Hearing at (location) on this & day-of 20 and do hereby certify that said sign has been posted and rem ' ed in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearin on is c se and will be placed in the applicant's case file at the Department of Planning and Development. MAP e:lpIanning\formslpostin gcert Rev. 616101 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 April 22, 2004 Dear Property Owner: This is to inform you of Case No. WZ-04-01 which is a request for approval of a rezoning from Residential-One (R-1) to Planned Commercial Development (PCD) and approval of an outline and final development plan for property located at 10135 W. 38th Avenue and Case No. MS-04-02 which is a request for approval of a final plat for property located at 10135 W. 38th Avenue. These requests 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 May 6, 2004 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. COocuments and Settings\kathyMdy MmmenmUKathytPC"TSNLMN OWcnoticct2 \w 31 Lwpd MetroSca Je erson (CO) Owner :Denning Franklin D Jr Parcel :048793 Site :3865 Kipling St Wheat Ridge 8 (03 3, •n~/n9/1999 7003 Mail , :10135 W 38th Ave Wheat Ridge Co 8 0500 0004 7661 4801 j Use , :1111 Vacant,Residential - Phone l Bedrm: TotRm: Pool: Bath Ac*2.26 B1dgSF MetroScan / Jefferson - - (CO) Owner :Matiscik Richard Parcel :048810 Site :10221 W 38th Ave Wheat Ridge 80033 7003 0500 0004 7661 4818 Mail :6248 Holman Ct Arvada Co 80004 Use :1112 Res,Improved Land Phone ✓ Bedrm: Bath:1.75 TotRm: YB:1950 Pool: B1dgSF:988 Ac:.31 • MetroScan / Jefferson (CO) Owner :Harrison Dean A Parcel :049055 Site :10191 W 38th Ave Wheat Ridge 80033 7003 0500 0004 7661 4825 Mail :PO Box 1838 Arvada Co 80001 Use :1112 Res,Improved Land Phone 7 Bedrm: 3 Bath:1.75 TotRm: YB:1900 Pool: B1dgSF:1,758 Ac:1.02 - • MetroScan / Jefferson (CO) : Owner :Freimuth Michael S/Ronald J Parcel :049082 4832 ' Site :10135 W 38th Ave Wheat Ridge 80033 0500 0004 766 Mail :8850 W 38th Ave Wheat Ridge Cc 80033 7003 Use :1112 Res,Improved Land one Bedrm: Bath:1.00 TotRm: YB:1922 Pool: B1dgSF:1,423 Ac:1.73 MetroScan / Jefferson (CO) Owner :Tpr Acquisition Group Llc Parcel :049153 Site :10101 W 37th P1 Wheat Ridge 80033 Xfered :08/24/1994 Mail :PO Box 9867 Colorado Springs Co 80932 7003 0500 0004 7661 4849 Use :2112Com,Improved Land riiuil~ Bedrm: Bath: TotRm:2 YB:1974 Pool: B1dgSF:27,043 Ac:2.95 MetroScan / Jefferson (CO) • Owner :Peter Jacob Investments Llc Parcel :110075 Site :10050 W 38th Ave Wheat Ridge 80033 7003 0500 OD04 7661 4856 Mai1 :3777 Kipling St Wheat Ridge Co 80033 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1967 Pool: B1dgSF:21,735Ac*2.85 MetroScan / Jefferson (CO) • Owner :City Of Wheat Ridge Parcel :203660 Site :4005 Kipling St Wheat Ridge 80033 e d :12/30/1997 Mail :7500 W 29th Ave Wheat Ridge Co Price Use :9149 Exempt,Political,'and Phone Bedrm: Bat: 1 YB:2001 Pool: B1dgSF:71,000Ac:3.55 ~ MetroScan / Jefferson (CO) Owner :Wheatridge Rec Center Finance Authority Parcel :203666 Site :40th And Kipling Wheat Ridge 800 Xfered :08/11/1998 Mail :7500 W 29th Ave Wheat Ri 0 80033 Price Use :9149 Exempt,Politi ub,Land Phone Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:5.68 • MetroScan / Jefferson (C.)--'~ • Owner :City Of Wheat Ridge Parcel :203668 Site :10150 W 40th Ave Wheat Ridge 8: Xfered :12/30/1997 Mail :7500 W 29th Ave Wheat Ri o 80033 Price Use :9149 Exempt,Politic ub,Land Phone Bedrm: Bath: otRm: YB: Pool: BldgSF: Ac:1.38 . * MetroScan / Jefferson (CO) Owner :Equilo Enterprises Llc Parcel :405811 Site :3805 Kipling St Wheat Ridge 80033 - ' 7003 0500 0004 7661 4863 Mail :PO Box 4369 Houston Tx 77210 Use :2112 Com,Improved Land Phone Bedrm: Bath:TotRm:2 YB:1989 Pool: 1,716 Ac*.77 B1dgSF MetroScan / Jefferson (CO) _ Owner :Kliewer Viron D Parcel :422536 Site :3862 Lee Cir Wheat Ridge 80033 Xfered -:04/21/1998 Mail :3862 Lee Cir Wheat Ridge Co 80033 7003 0500 0004 7661 4870 Use :1112 Res,Improved Land Bedrm: 2 Bath:2.25 TotRm: YB:1998 Pool: B1dgSF:2,060 Ac:.19 Information compiledfrom various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) Owner :Berg Marilyn J Trust Parcel :422538 4887 Site :3882 Lee Cir Wheat Ridge 80033 YF_- ' 0500 ❑004 7661 7003 Mail :3882 Lee Cir Wheat Ridge Cc 80033 Use :1112 Res,Improved Land one CD Bedrm: 2 Bath:1.75 TotRm: YB:1998 Pool: B1dgSF:1,860 Ac*.15 l • MetroScan / Jefferson (CO) • Owner :Amstutz Julia R Parcel :422539 Site :3892 Lee Cir Wheat Ridge 80033 Yf,pci :08/03/1998 Mail :3892 Lee Cir Wheat Ridge Co 80033 7003 0500 0004 7661 4894 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.75 TotRm: YB:1999 Pool: B1dgSF:1,558 Ac:.16 MetroScan / Jefferson (CO) • Owner :Newsome Thomas T Parcel :422540 Site :3902 Lee Cir Wheat Ridge 80033 Xfered :11/07/2002 Mail :3902 Lee Cir Wheat Ridge Cc 80033 7003 0500 0004 7661 4900 i Use :1112 Res,Improved Land Bedrm: 2 Bath:1.75 TotRm: YB:1999 Pool: B1dgSF:1,822 Ac:.16 • MetroScan / Jefferson (CO) Owner :Buntin C R Parcel :422541 Site :3906 Lee Cir Wheat Ridge 80033 7003 05000004 7661 4917 Mail :3906 Lee Cir Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone :303-421-4660 Bedrm: 2 Bath:1.75 TotRm: YB:1999 Pool: BldgSF:1,654 Ac:.18 MetroScan / ferson (CO) • Owner :Cambridge Park Homeowners Assoc I c Parcel :922690 Site :*no Site Address* 7003 0500 0004 Mail :835 Delaware St Denver Co 8020 ~ 7661 4924 Use :4151 Agr,Home Owner Associatio Phone Bedrm: Bath: TotRm: Y Pool: B1dgSF: Ac:.09 SS Q EEO {V~ Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. * Search Parameters * Jefferson (CO)- * 4/22/2004 * 9:47 AM Parcel Number ...16 39 214 00 030 39 214 00 029 39 214 00 031 39 214 00 044 39 214 12 044 39 214 12 087 39 214 12 088 39 214 12 089 39 214 12 090 39 214 12 092 39 214 13 002 39 214 99 001 39 214 99 002 39 214 99 003 39 281 00 004 39 281 00 005 Franklin Denning Jr. & Lisa Denning Richard Matiscik & Denise Matiscik Dean damson \ 10135 W 38th Ave 6248 Holman Ct PO Box 1, Wheat Ridge, CO 80033 Arvada, CO 80004 \ Arv, CO'$0001,..--'" Michael & Ronald Freimuth 8850 W 38th Ave Wheat Ridge, CO 80033 Tpr Acquisition Group Llc PO Box 9867 Colorado Springs, CO 80932 Peter Jacob Investments Llc 3777 Kipling St Wheat Ridge, CO 80033 City Of Wheat Ridge 7500 Vlr29thA-Vb Wheat Rjdg~ CO 80033 Equilon Enterprises Llc PO Box 4369 Houston, TX 77210 Julia Amstutz & Mahlon Amstutz 3892 Lee Cir Wheat Ridge, CO 80033 Cambridge Park Homeowners Assoc Inc 835 Delaware St Denver, CO 80204 Wheatridge Rec Center Finance Authority 7500 9th Ave-- Wheat CO `80033 Viron Kliewer & Lorraine Kliewer 3862 Lee Cir Wheat Ridge, CO 80033 Thomas Newsome & Jayne Newsome 3902 Lee Cir Wheat Ridge, CO 80033 Ci Of Wheat Ridge 750 29 h 1~ve Whe e, CO 80033 Berg Marilyn J 3882 Lee Cir Wheat Ridge, CO 80033 C R Buntin & Margaret Buntin 3906 Lee Cir Wheat Ridge, CO 80033 Property appraisal system 1 OF 1 IISch:049055 Parcel ID:39-214-00-031 Status:Active Property Tvt)e:Vacant Land) I jProperty Address~IVACANT LAND WHEAT RIDGE CO 80033 WORTH CIR Mailing Address: 02629 S WADS I I D WOOD CO 80227 Y A WAYNE Y ORVILLE I Name: Date Claim Deed r or Letters Location Map/Additional Information Send mail to assessor cojefferson.co.us with questions or comments about this Website. Copyright @ 2003, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Website information current through: Page 1 of 1 http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=049055&offset=0 4/22/2004 Home General Property Records Information ols 9850' 99 216 2-A . 46 s1 A9 e6 g 45 101 ^ 2 002 SUB. ~I m o IOD 19 = S i 99 003 Q) c 0 85 23 9977 x I c I ' o 098 ; o WR F055000174 p 097 ~ I n 43 12 a 9 .8'966 42 41 a 1 ' 1 2 yEp C20D - w ; TR I C TR A 9971 c-B I C-A ,Sy 294 I- 1_ CL p 3 016 40 f I 003 O 49 S J Y 54 'm 1 39 58 O 094 A B GREEK ~ C-C 293 CITY OF SA ~ 1 I 0 093 I~TR. B-A WHEATRID y 58 85 32' 32' h o TR. A-A F0913893 1 TR 8 092 i4 0 0 93 A _ 8199' 091 $ 4483 48 O n1 a ~ 090 e I 14 13 4ss6. 12 089 N 1 001 5 g,5ep II ® I WR 180035262 47 n o I I Ia TR A 98 50 030 $ I 016 33010 m 1 m ICI 17 4B 9 e 179 O2~9 o I"'I 086 OB7 s a i ~31 3 =I 84 27' 73 41' p ® ~ o ICI N 7 ® 2 lb 031 1 16001, U ~ I . TRACT A 2 6 1 13 43 m LENA GULCH ~O- ' I 00 002 . 5 i~ 145 o m 04 s 31 179 I a m 1 N CONSOLIDATION ' 169 rm PLAT AMOCO 1 ® STATION NO. 5215 ' > M/L 5990 L 044 TRACT B 4519 O5 1 21> 129 i7 Avenue SE 1~ morm 1 20i 440 53' 45 . {1 3 o I = E- I 47 1 001 ay I O - o N ~ 125' 51 i / I 005 o ~ y 1 1 IN c" co 125' ' { ~ 12d 109 99 I ~ ~ 1 I I I N 57 - 1 ~ I 275 1e 0~ o JEFF CO 1579- 296 J443 276 ® 1 1 24033' 1 W% 2d 23 20 I 135 14' 135 14 18 I- B re) O 005 o 99 006 ° MI 1-A NI I II 17 2 a N ~ v } 31 =I m 001 017 I I ~I I I 16 I N Q02 CO 3-A - 279 61' M /L 1* 3d I 016 VA LL Y 12 1-A _ j JC p ~I 15 4-A V 1046-.355 2113-7 oa' CD 003 4-B c 015 1D ' I i JI 14 6 015 5- B v 002 2-A 1046-356 N 1 vl 5 -A . v - 1 co V I S T N o14 O 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 May 6, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WZ-04-01: An application filed by Dr. Michael Freimuth for approval of a rezoning from Residential-One (R-1) to Planned Commercial Development (PCD) and approval of an outline and final development plan for property located at 10135 W. 38a' Avenue and legally described as follows (see legal description for Case No. MS-04-02): Case No. MS-04-02: An application filed by Dr. Michael Freimuth for approval of a final plat for property located at 10135 W. 38th Avenue and legally described as follows (the following legal description pertains to both cases): A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00006'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38' AVENUE AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89012'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F1276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00008'23"W, 140.00 FEET, 2) THENCE S89°12'43"W, 75.00 FEET, 3) THENCE N00008'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECTPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45°36'37"E, 37.74 FEET, 2) THENCE N78°36'37"E, 112.00 FEET, 3) THENCE S49°03'23"E, 72.00 FEET, 4) THENCE N73°06'37"E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00006'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: April 22, 2004 I I I - I z lu 1u3ut~~ulU~~j~Q a `i' ~ O F 0- ~ I ~ -A ru°►~ ~Cf CH U!y... off- N U d 01 LL- F-~Q Fiu ~QLU F 'nitlF N x to _agw < L4 ~;,Uadddd1111~Q 61 C2 O ; F cn gg0~- }}F-- W(F mil' cp ui'4 iL H Q ~ Itl LlJLLf~ ~F ~NcY1cV CC% oar lu isZ° -=3r r ~ ui~ vIs I LU ON ~ 20 (2k I 99. Z N r 1 j I j V l1.1 U tu Diu 12 LLI It I I Q...U 1Lj~QQ I Fr ~ i z ~i F7: Z x (K Qy of Wheat Rdge \ I Depemnent of Public Wall April 1, 2004 DEPARTMENT OF PUBLIC WORKS (303) 235-2861 7500 WEST 29r" AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857 Wayne Wray Harris, P.E., P.L.S. Martin/Martin, Inc. P.O. Box 151500 Lakewood, CO 80215 303.431.6100 Re: Second Review Comments of Final Drainage Report/Plan, Grading & Erosion Control Plan, Final Plat, and Final Development Plan. Dear Mr. Harris, I have completed the second review of the above referenced documents for the Wheat Ridge Dental Group project received on March 26, 2004, and have the following comments: Final Drainage Report (Discussion) 1. All previous comments have been addressed. The discussion and Appendix portion of the Final Drainage Report is approvable. The extra copies of the Report received with this submittal will be retained by Public Works. When the revised Drainage Plan Sheets Dl and D2 are received, reviewed, and approved, a copy of the approved Final Drainage Report/Plan shall be returned to you. Final Drainage Report (Appendix) 1. All previous comments have been addressed. The Final Drainage Report is approvable. Drainage Plan 1. The westerly 15 feet of this parcel is to be dedicated to the City of Wheat Ridge for use as a concrete pedestrian trail (connecting 38"' Avenue to the W.R. Recreation Center). The swale currently proposed along the westerly side of the parking area will not allow for the anticipated construction of a 10' wide concrete pedestrian trail within the 15' strip of dedication. Therefore, the Drainage Plan will need to be modified so runoff is kept outside of the 15' strip. 2. In a similar fashion, the outfall/headwall for the 18" RCP to Lena Gulch will need to be extended to the property boundary, so it lies outside of the 15' area of dedication as well (the existing grouted riprap may also need to be modified to accommodate the pipe extension). 3. The drainage easement will need to be extended to the property line. 4. Cross-section A-A (on Sheet D2) will need to be modified to reflect the re-direction of the runoff currently shown as utilizing a swale along the westerly side of the parking area. 5. Please provide P.E. seal and signature on the revised Drainage Plan. Grading & Erosion Control Plan 1. Please modify the contours along the westerly side of the parking area to match the Drainage Plan (see above comment 1 for the Drainage Plan). The runoff is to be re-directed outside of the 15' strip of dedication, so the straw bales also may not be necessary. Surveying Comments Final Plat Remarks: 1. The Drainage Easement for the pond outfall needs to be extended to the westerly property boundary (across the 15' strip of dedication). This will allow the property owners access to maintain the facility. 2. Please add the word "Hereby", both on the graphical portion and also in Note 1 as shown on the redlined Plat. Final Development Plan Remarks: 1. On Sheet 1, please correct the spelling errors in the Storm Detention Easement per redlined plans. 2. Include the linetype for the Storm Detention Easement boundary in the Legend on the Site Plan (Sheet 2). 3. Be sure that the Drainage Easement shown on the Site and Landscape Plans exactly matches the Final Plat. 4. The two distances along the northerly property boundary of the Site Plan are incorrect (please see the redlined Plan). All boundary information needs to exactly match the Final Plat. 5. Show the 10' wide utility easement (see Final Plat). 6. Include the riprap area leading into the detention pond both on the Site Plan (Sheet 2) and Landscape Plan (Sheet 3). (Please see the Drainage Plan for riprap placement). The two trees currently shown on the Landscape Plan may have to be relocated, as they lie within the proposed ripmp area (see redlined plans). 7. Need to modify the scale bar to I"= 30'. Outline Development Plan Remarks: 1. Be sure that the Drainage Easement shown on the Outline Development Plans exactly matches the Final Plat. The Public Works Department requires 2 signed and stamped copies of the Drainage Plan Sheets D1 & D2, Grading & Erosion Control Plan, Final Development Plan, and Final Plat. Please provide these with the next submittal. The Final Drainage Report is approvable and does not need to be resubmitted. NPDES Permit Due to the area of this site (1.730 acres) exceeding 1 acre, a National Pollutant Discharge Elimination System (NPDES) permit will be required for this project. A copy of the NPDES Permit is to be submitted to the Department of Public Works prior to issuance of the Minor Grading/Landfill and Building Permits. The NPDES permit may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division. Public Improvements, Cost Estimate, & Escrowed Funds Public improvements are required by the City Code of Laws to be constructed along the frontage of all properties at the time of development. However, the subject property lies along a portion of the 3e Avenue corridor that is scheduled for future reconstruction by the City. Therefore, escrowed funds from the developer are to be taken in lieu of construction of the required public improvements. The amount of 10135 W 38th (WR Dental Gmury)_review2.ltr.dm $9,857.31 is to be placed in escrow, and is based upon the attached itemized cost estimate provided by the City for the curb, gutter, 5 ft. irrigated tree-lawn (sod), and 5 ft. detached sidewalk that is required along this portion of the 38th Avenue corridor. The escrowed funds will then be used at the time the 38n' Avenue corridor is reconstructed by the City of Wheat Ridge. Application for Minor Grading/Landfill Permit Prior to the commencement of any onsite grading, an Application for Grading/Landfill Permit, along with the fees due will need to be submitted for review and approval. This Permit is generally issued at the time of the Building Permit. Right-of-Way Construction Permit(s)/Licensing Prior to the construction of any improvements, utility service connections, etc. within the public Right- of-Way, the required Right-of-Way Construction Permit(s) and respective licensing shall be submitted to the Department of Public Works for processing. Right-of-Way Construction Permits are issued only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, and easement or ROW dedications. Please return all redlined prints with the next submittal. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer Cc: Steve Nguyen, Engineering Manager Travis Crane, Planner File 10135 W 38th (WR Dental (nmup)_review2.ltr.dm m o ~n v ~o ~o M o r e ~ ci a: ~ N N V l~ r h b a0 V V V o0 N -N N T U 7 0 U N Yi 69 69 f9 69 f9 Y h h h ~ N V1 V1 Vl M h b b b ~ W W W ~ wl O O z O W 'a s W J 7 V1 y > Vl v > (A C .-7 0 0 ~n o 0 o o ~ o t 0 N ~ ~ N h Y ~ a N O o a a C7 y m ~ c c y f3 ra a~ ~ o o W V . V N ~ M d ~ C r.i •00 .00 ° E E 3 N U U Ci v L a N a ~ \J U U Y J 'p b •O o a u 3 0 3 N Vl Vl V1 N z M E U n=i 0 0 N J ~ U y ~ ~ J W N W N W N' M V1 h b +i'I ca N ~ O w° w w` r c J o y o. ~ o a w ~ 0 pp 0 G O Y rl Q M w3 I II 3 i y L w C d L d a a Q a F O o. _ ""F°'c" ~ jj~~~1~Ir11~11 I III III III RUS 1!!1~■ I I I I 1 11 ' _ t ~ _ p 1 f!) (.n ~ ~ (I} FINAL PLAT ~ W F~- - ~p L~ C~ U =C ~ C' { C~ (I? Q N CJ . . , ~ I- (U _ O CL 'a.,5`, W r WHEAT RIDGE DENTAL GRO CRC►SS ACCESS EASEMENT STATEMENT: Y / ' r f....~ r•~r .'1 ~ 1 `•5x .1 r ~.i✓ ly 11 gyp. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED i 5, 5... _ i s; ~ y b. MOVEMENT THROUGH THOSE AREAS INDICATED AS "CROSS-A ~ ~ 1A ~ ~ ~ e A PORTION OF SOUTHEAST QUART RTER SECTION 21 ~ ~~LU~~TRATED UPON THIS PLAT, SUCH GRANT OF EASEMENT CUSTOMERS AND GUESTS OF THE OWNERS AND FURTHERMOR ~ (--R,.I ~ }°a- ~ ' THRGUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEM H E VTH P R I N V I PAL MERIDIAN ADJACENT PROPERTIES AND OR FROM ABUTTING PUBLIC STR ~S~N, STATE CAF COLC)RAD4. I ~ ,r W ~ ~ z Q ~ W 'eG. -I b W ~ A a a J O ~ ~ ~ ~ r.~ ~ w z 1 z ~ w h , ~ ~ S z j ~r• :s..,s - o e j ~ a STORM DETENTION EASEMENT STATEMENT: { 1~"`~ ~ r a / ~ 4.~ V THE STORM DETENTION AREA AS HEREON SHOWN AS A DRAI MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIR / /1 ..L L.L 1d ~ P f! ~ l...J I ~ ~ ~ ~ ~ U7 6 W A , SUCF+ CONSTRUCTION AND F~AINTENANCE IS NOT PERFORMED ~ ~ ~ ~ HAVE: THE RIGHT 70 ENTER SUCH AREA AND PERFORM NECE I H AND RONALD J. FREIMUTH, BEING THE OWNER(S) OF THE REAL PROPERTY HEIRa~ SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUI DESCRI6ED AS FOLLOWS; DETENTION AREA AND NO CHANGES OR ALTERATIONS AFFEC DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF t V 1 W e j r ti 1 9f f t•.; . 5"'• • O :1J :~F~ 1~ Y. ' i ~:~ti•,'; tiff: r 4t1:.. I .4~1 ` ~'l::th'S:. p ,y.~,~L.~;. t .y~~,• tir4'. • t / ~ +r1. ~ a,'{%,v. ~1,t,.',~fi• A I r . v. I ;r c ~:r j i _y / ~ f _ f . n1 ti••,• W I ~ _ ~ ~ ~ ti~r.1m c.',,r 1 i ~ j r f•'~• j ~ o ~ / a •..,1,..1r: . rn / i- ~ 1, ~ t I ~ ~ ~ 11,y 141•{. i/'~~ ~ ~ .1.' `wJ ~ 'VGA.. i . . i r~vu Rcc~~r~ ~ 1 - - - - - - - - e _ ti ' f .4~h_'rl.}. f~>: I il' I~~ •4~ti M W. :r::::~~ r'::r.. _ 0 e .ti#yl. ~ ~ I7 ~~,'/q . 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W {/\y~j ~ . :•i' ~G.~ v. r ~f ! .:af..., ~ ~ ~ ~ CL t` r r-- 1y...... ~ W 1 ~ ~ .r.;}ry. .,L.rr.- '~:b A I I • e A V f ~ 1~{q.5~.~ -R'_~e_ V • 1 t z 7 F 1~ 1 _ b r` i J ' t a nn11 1 Y` i UJ V 0 t ' "1'~ r~ ~ > ~ ~ E nn l.L i ~ ~ , F . r~~: ~ i rYL~ V ~~A) ! V 0 ~ 1 r _ V •'i T o .a... d f., W __7 r.'i:. 1 '°'~''''g ~ G/ \,~.1 ~ ` f '•}:iii V k -J j 7~ LL LL t A ~ 1 1 ■ ® ~ ~ 4 1 f 1 ♦ a 1 t>_ I{~ i,  %aI 1f V 1d l l1 \ 1 1 `J u T J50,27' NOUN" 1, TRACT A ISADEDICATED TO THE C i THE CITY OF WHEAT RIDGE AS RIGHT-OF-WAY FOR PEDESTRIAL TRAIL USAGE. MS-04-OZ S89'12'4.3 "W 2642,13' SOUTH LINE OF THE SE114 SEC. 21 3 MARTIN / MARTIN WZ-04-01 CONSULTING ENGINEERS t .1 2499 WEST toLFAx AVE. Z 0 0 ~ 38TH A VENUE 60' PUBLIC R. 0. W. P.O. Box 1 51 500 W aQ) LAKEWDC)0 E3021 5 303.431.6100 FAX 303.431.4028 F. 00 n n D- r-) LL- City of Wheat Ridge ~~F WHEAT p Community Development Department Memorandum ~~~ORAQ~ TO: Dave Roberts FROM: Travis Crane SUBJECT: 10135 W. 35"' Ave./Freimuth DATE: 26 March 2004 Dave - Here is the second submittal for the proposed dentist office located at 10135 W. 38"' Ave. Please submit any comments you may have regarding this resubmittal in writing. Let me know if you have any questions. I can be reached at 303.235.2849. 03/16/2004 14:54 303-321-5651 Post-it" Fax Note 7671 Date pNaool s1, 7e V l From Av C.7UZC CO. Phone Y Phone N Fec 4 Fes a PAGE 01 Ap09, 2004 11:10AM WHEAT RIDGE FIRE DISTRICT k 1358 P. 2 WHEAT RIDGE FIRE PROTECTION DISTRICT PO BOX 507 • 3880 UPtfm STREET • WHEAT RIDGE, COLORADO 800340507 303,4035900 • FAX 3039400350 • Www.wRF1RE.ORG T3: Travis Crane April 19, 2004 City of Wheat Ridge Planning Department Wheat Ridge, Colo. 80033 Subject: Site plan approval for: 10135 West 38s' Ave. Wheat Ridge DenW Group Dear Travis, After review of the site plans submitted the following is the requirements of the Fire District under the 1997 Uniform Fire Code; 1. Provide complete plans for fire sprinkler / fine alarm drawings. Calculation plans with the sprinkler drawings. 2. Access to the site shall be two entrances with a minimum of 20 feet wide, or a single entrance with a minimum 40 foot width unobstructed Vertical clearence of not less thin 13 feet 6 inches continuously maintained. Access shall be maintained through all phases of construction. 3. Premises identification: Approved address numbers shall be provided during all phases of construction, visable from the street of access to the property. 4. Final plan approval will be required by the Fire District prior to combustible construction. If you any questions reguarding this letter, please contact the Fire District at any time. Respqatfully sub ~ Douglas J. Saba Fire Prevention Specialist Wheat Ridge Fire Protection District Travis Crane From: Workman, Phil - CPDA [Phil.Workman@ci.denver.co.us] Sent: Tuesday, March 16, 2004 4:39 PM To: 'travisc@ci.wheatridge.co.us' Subject: Wheatridge Dental Group 38th & Kipling Importance: High Travis I am a development review case manager for the City and County of Denver. The reason I am contacting you is to ascertain the status of the above referenced project. My interest in this project is strictly personal, as my brother in law is one of the dentists attempting to construct this building at the above site. My questions are: 1) what is the process 2) what is the status of Wheatridge Dental Group in the process 3) if they have indeed already received approvals from various City agencies, including Fire, why are they now being required to change their site plan in order to accommodate fire trucks and change their building to accommodate sprinklers. It is my guess that they still need to get their zoning, and have gone through the first round of the comment approval process but have not received final sign off for building permits which allowed for the fire marshal to transmit comments at this time.. I may be wrong. Bottom line, I believe there is a disconnect between what the City of Wheatridge is requiring and what the applicant/architect is hearing. could you please clarify for me and in turn for the applicant.. I really appreciate your attention to this matter - I am in not trying to meddle I'm just trying to bring these issues to your attention in order to avoid this becoming a cluster for both sides. thanks a lot Phil Phil Workman Development Review Case Manager 720-865-2960/office 720-865-3057/fax - phil.workman@ci.denver.co.us Travis Crane From: Workman, Phil - CPDA [Phil.Workman@ci.denver.co.us] Sent: Thursday, March 18, 2004 10:21 AM To: 'travisc@ci.wheatridge.co.us' Subject: RE: Wheatridge Dental Group 38th & Kipling thanks for the thorough response and it is exactly how I thought everything was playing out.. I too, recognize that there is,a great opportunity for mis information due to the number of "interested" parties and I am guilty of that label as well. I in no way am questioning your judgment or professional abilities, I merely had questions as to process and the status of this project therein - thank you so very much for clarifying all the issues. take care and thank you very much Phil -----Original Message----- From: Travis Crane [mailto:travisc@ci.wheatridge.co.us) Sent: Thursday, March 18, 2004 12:09 PM To: Workman, Phil - CPDA Subject: RE: Wheatridge Dental Group 38th & Kipling Phil, This is in response to your series of questions regarding the Wheat Ridge Dental Group proposal located at 10135 West 38th Avenue. Thank you for taking the time to inquire about the rezoning and development process as it relates to this case. The property is currently zoned Residential One (R-1). The R-1 zone district allows single-family residential dwellings and accessory structures. The applicants have applied for a rezoning of the property to accommodate a desired use, in this case a dentist office. The rezoning process entails two separate and distinct documents: an outline Development Plan (ODP) and a Final Development Plan (EDP). The applicants have submitted both an ODP and FDP, along with a final plat. The ODP is the rezoning component. It will establish allowable uses and development standards, as agreed to by the applicant and City staff. The FDP is a more specific site plan that details development of a specific use. The applicants are currently in the first phases of review. Both required pre-application meetings have been held, and an official submittal has been delivered to the Community Development Department. Once a submittal is initially received, a referral period begins. During this referral period, all affected agencies are given a chance to respond to the request with any concerns. It should be noted that Wheat Ridge is not a self-sufficient City, that is, special water, sanitation and fire districts serve specific areas of the City. These districts are autonomous, and the district representative may impose conditions based upon district regulations. After all comments have been received, they are sent back to the engineer of record for corrections. This review and correction period may occur a few times prior to the Planning Commission hearing. Once all comments have been addressed, the Planning Commission will hear the request and recommend to City Council either approval, approval with conditions or denial of the request. City Council is the ultimate deciding authority. Planning Commission and City Council hearings are required for both the ODP and FDP. As the process relates to the subject parcel, the first round of comments has been sent back for corrections. It is the responsibility of the engineer of record (in concert with the property owners) to address all the concerns. Your email mentioned that the applicants had received approvals from the City of Wheat Ridge, as well as approval from the Fire District. This is not the case. Approvals have not been granted, as the applicants are still in 1 the revisionist stage. After all concerns have been addressed, and the City Council has approved both the ODP and FDP, building plans will be reviewed by the Community Development Department. I did meet with the Fire Marshall and he conveyed his concerns and issues to me, and I feel all of these concerns can be addressed. The confusion surrounding these development issues has been complicated by the number of interested parties conveying misinformation. I can understand and appreciate your vested interest in this matter, however I must confess I was taken aback by your request. It has never been my practice to raise concern or question the judgment of a fellow colleague. I can assure you that development issues arise on a daily basis in respect to land use cases, and it is my job to keep abreast of the situation and resolve any outstanding matters. Thank you for your concern. Sincerely, Travis R. Crane -----Original Message----- From: Workman, Phil - CPDA [mailto:Phil.Workman@ci.denver.co.us] Sent: Tuesday, March 16, 2004 4:39 PM To: 'travisc@ci.wheatridge.co.us' Subject: Wheatridge Dental Group 38th & Kipling Importance: High Travis I am a development review case manager for the City and County of Denver. The reason I am contacting you is to ascertain the status of the above referenced project. My interest in this project is strictly personal, as my brother in law is one of the dentists attempting to construct this building at the above site. My questions are: 1) what is the process 2) what is the status of Wheatridge Dental Group in the process 3) if they have indeed already received approvals from various City agencies, including Fire, why are they now being required to change their site plan in order to accommodate fire trucks and change their building to accommodate sprinklers. It is my guess that they still need to get their zoning, and have gone through the first round of the comment approval process but have not received final sign off for building permits which allowed for the fire marshal to transmit comments at this time.. I may be wrong. Bottom line, I believe there is a disconnect between what the City of Wheatridge is requiring and what the applicant/architect is hearing. could you please clarify for me and in turn for the applicant.. I really appreciate your attention to this matter - I am in not trying to meddle I'm just trying to bring these issues to your attention in order to avoid this becoming a cluster for both bides. thanks a lot Phil Phil Workman Development Review Case Manager 720-865-2960/office 720-865-3057/fax phil.workman@ci.denver.co.us 2 Pa City of Wheat Ridge W"EAT Office of the Parks and Recreation Director OO~ORA°° Memorandum TO: Travis Crane, Community Development Department FROM: Joyce Manwaring, Parks and Recreation Director DATE: February 23, 2004 SUBJECT: 10135 W. 381h Avenue / Case No: WZ-04-011MS-04-02 The Parks and Recreation Department and Commission have the following comments on the above referenced development: 1. The City has dedication rights per a signed agreement for land to be used as a trail on the northern most property line. 2. The Department has an interest in providing a trail from 38`h Avenue to the Recreation Center and to connect to the Clear Creek trail for both Recreation center users and Clear Creek trail users. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Mdge 20 February 2004 John Garner 234 Columbine Street Denver, Colorado 80206 RE: 10135 W. 38`h Avenue/Outline Development Plan, Final Development Plan and Final Plat review Dear Mr. Garner: I have completed my initial review of the above-mentioned documents, and I have the following comments: General: A. I have included all referral comments from responding agencies. Any questions regarding these comments should be directed towards the agency that directed said comment. B. An agreement was signed that obligated the property owner to reimburse the City for the construction of stoplights on Kipling Avenue. The agreement (recorded with Jefferson County as reception number F1267239) states that at the time of building permit, the property owner agrees to pay the City a total of $37,288.00 as a result of public improvements adjacent to the parcel. This agreement further states that a fifteen-foot wide piece of land shall be dedicated to the City along Lena Gulch, for the entire length of the property. C. The Director of Parks and Recreation has requested that an access easement be granted to City for construction of a trail that will connect West 38`h Avenue and the City Recreation Center. It would be preferable to locate this easement on the west side of the property. The easement should be at least 15 feet wide. This easement would be requested in lieu of the 15-foot dedication along the northern property line. 2. Outline Development Plan, Page One: A. Please amend the title to read: "Wheat Ridge Dental Group Outline Development Plan An Official Development Plan in the City of Wheat Ridge SE 1/, B. Please expand the list of allowable uses. I have included a copy of the allowed uses for the Restricted Commercial zone district. Please use this zone district as a guide. C. Under Character of Development, please amend the fourth line to read: "no drive through... " D. Under Character of Development, please remove lines 7 and 8. E. Under Owner's Certificate, please add another line for a second owner, or change the statement to reflect a singular property owner. If there are in fact two owners of the subject property, two owner signature lines should be included. Each owner's name should be listed under the respective signature line. F. Under Owner's Certificate, please change line 5 to read: "...as may otherwise be required..." G. In the Legal Description, please amend the first line to read: of the southeast quarter of... " H. In the Legal Description, please amend the seventh line to read: "...southeast quarter ofsaid section..." 1. In the Legal Description, each distance is given in uncertain units, that is, each measure is followed by Please amend the Legal Description to be a more accurate boundary survey. J. Under Surveyor's Certification, please amend the first line to read: "...do hereby certify that K. Under Surveyor's Certification, please remove the first four words of the third line. L. Under Surveyor's Certification, please amend the fourth line to read: "...applicable Colorado Statutes... " M. In the Case History box, please add the following case numbers: "WZ-04-01" and "MS-04-02". N. In the Sheet Index, please correct the total number of pages listed after "Site Plan". 0. Under Planning Commission Certification, please remove the first line. P. Under City Certification, please change the signature line for the Director of Planning and Development to Director of Community Development. Q. Under Statistical Information, please remove the first line. R. Under Statistical Information, please amend the first line to read: "Minimum Building Setbacks". S. Under Statistical Information, please amend the second and third lines to read: "Maximum Building..." T. Under Statistical Information, please amend the fourth line to read: "Landscaping shall be a minimum of 20% of the total lot area." U. Under Statistical Information, please remove all quotation marks. V. Under Statistical Information, please amend the thirteenth line to read: "...approved by the Community Development..." W. Under Statistical Information, please add the following statement: "All rooftop equipment shall be screened from view." Outline Development Plan, Page Two: A. Please change the title of the document consistent with the language specified in section 2(A) of this document. B. Please show all adjoining properties, complete with a label of lot/block/subdivision name/zoning classification. If a parcel is not subdivided, please label as such. C. Please provide one more handicapped accessible parking spot. It would be desirable to locate this additional parking spot adjacent to the access aisle shown in the northeast corner of the parking lot. D. Please label all use areas. Areas of landscaping, parking, building, access points, detention areas and sidewalks should be labeled. Lena Gulch should also be labeled. E. Please label the size of the proposed building footprint. F. Please show existing contours for the entire site. G. Please move the proposed access point further to the east and widen the access point. This access point will serve as eventual access to the property to the east. A cross- access easement will need to be shown on the Development Plan, as well as the Final Plat. This easement can be located across the landscaped area just south of the parking stalls. H. Please show the location of the 100-year flood plain limits. 4. Final Development Plan, Page One: A. Please amend the title to read: "Wheat Ridge Dental Group Final Development Plan An Official Development Plan in the City of Wheat Ridge SE `/a B. Please amend the Character of Development Statement to reflect the proposed dentist office specifically, and how any amenities, such as walking trails, bike racks and picnic tables relate to the specific development. C. Please remove the Allowed Uses Section. D. Under Owner's Certificate, please add another line for a second owner, or change the statement to reflect a singular property owner. If there are in fact two owners of the subject property, two owner signature lines should be included. Each owner's name should be listed under the respective signature line. E. Under Owner's Certificate, please change line 5 to read: "...as may otherwise he required... " F. In the Legal Description, please amend the first line to read: of the southeast quarter of... " G. In the Legal Description, please amend the seventh line to read: "...southeast quarter of said section..." H. In the Legal Description, each distance is given in uncertain units, that is, each measure is followed by Please amend the Legal Description to be a more accurate boundary survey, like the one listed on the Final Plat. 1. Under Surveyor's Certification, please amend the first line to read: do hereby certify that J. Under Surveyor's Certification, please remove the first four words of the third line. K. Under Surveyor's Certification, please amend the fourth line to read: "...applicable Colorado Statutes..." L. In the Case History box, please add the following case numbers: "WZ-04-01" and "MS-04-02". M. Under Planning Commission Certification, please remove the first line. N. Under City Certification, please change the signature line for the Director of Planning and Development to Director of Community Development. 0. Under City Certification, please add a signature line for the Director of Public Works. P. Please remove the Statistical Information section. Final Development Plan, Page 2: A. Please remove this page. 6. Final Development Plan, Page 3: A. Please keep the title consistent on all pages of the FDP. B. Please remove the contours from the site plan. C. Please remove the ADA Parking Sign detail from this page. D. Please remove all landscaping elements from the site plan. E. Please remove the Gate Detail from this page. F. Please remove the Bollard Detail from this page. G. Please remove the Bike Rack Detail from this page. H. Please remove the Wall Section Detail from this page. 1. Please remove the building type construction from the Site Data Table. J. Please remove the zoning district from the Site Data Table. K. Please change the land use classification in the Site Data Table from "residential" to "vacant". L. Please change the allowed non-permeable area from 85% to 80% in the Site Data Table. M. Please change the required landscape area from 15% to 20% in the Site Data Table. N. Please change the required number of handicapped parking spaces to 2 in the Site Data Table. 0. Please move the sight distance triangles onto the subject property. P. Please remove the handicapped accessible parking space from the western row of parking. This second handicapped accessible parking space should be located just to the south of the access aisle on the eastern row of parking. 7. Final Development Plan, Page 4: A. Please remove this page. 8. Final Development Plan, Page 5: A. Please keep the title consistent on all pages of the FDP. B. Please remove the landscape details from this page. C. Please label all landscape areas on the site plan. A symbol should be associated with each type of landscape cover listed in the Landscape Schedule. D. Please change the Skyline Honeylocust species to a 2.5" caliper. All street trees should be a minimum of 2.5" caliper. E. Please add a Landscape Data Table to this page. I have attached an example of this data table. Please add the landscape notes shown on this example. F. If any freestanding signage is proposed, please show it on the Final Development Plan. 9. Final Development Plan, Page 6: A. Please keep the title consistent on all pages of the FDP. 10. Final Development Plan, Page 7: A. Please keep the title consistent on all pages of the FDP. 11. Final Development Plan, Page 8: A. Please remove this page. This page is more suitable for the building plan submittal. When a building permit is submitted, you should be aware that the maximum height for freestanding light fixtures is 18 feet. 12. Final Plat: A. Please add a Planning Commission Certification. This certification should read: "Recommended for approval this day of 20 by the Wheat Ridge Planning Commission. Chairperson". B. Please remove the signature line for the chairman of the Planning Commission. A certification line for the chairperson should be provided, as described in item 1. C. Please amend the statement regarding the utility easements around the perimeter of the property. There are several typographical errors. D. Please add a cross-access agreement to the plat. This agreement should read: "The owner, his successors and assigns grants limited rights and privileges to access and to free movement through those areas indicated as `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." E. Please amend the language regarding the detention easement. There are several typographical errors. F. Please add an easement for the requested pedestrian trail. This easement should be at least 15 feet wide, and should connect to the existing pedestrian bridge on the north end of the property. G. Please add "MS-04-02" and "WZ-04-01" to the case history box. H. Please amend all ownership information to reflect the current property owners, not the Dennings. 1. Please add a zoning designation for each adjacent parcel. Please make all required corrections prior to the next submittal. You should be aware that comments from outside agencies may impact my comments. You should also be aware that the City charges a resubmittal fee for each review past the second. If any corrections are required after the next review, you will be subject to this fee. If you have any further questions, feel free to give me a call. I can be reached at 303.235.2849. Sincerely, Travis R. rane Planner ONSOLIDATED mutual water February 9, 2004 Mr. Travis R. Crane City of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, Colorado 80033 w w Re: City of Wheat Ridge Rezoning, Outline Development Plan, Final Development Plan and Final Plat Case Number WZ-04-01 and MS-04-02 for the Address of 10135 West 38th Avenue to Change from a Residential One (R-1) to a Planned Commercial Development (PCD) Dear Mr. Crane: This will acknowledge receipt of your correspondence dated February 2, 2004 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with Denver Water. Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. Our records indicate that the property addressed as 10135 West 38th Avenue is currently receiving domestic water from the Company through a 5/8-inch meter (CMWCo Tap Number 351/Account Number B-03453) Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. The Company's rules, regulations, and requirements state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. Consolidated further requires that a duplex have a separate water tap and meter for each unit within the duplex, regardless of ownership. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068 Lakewood, Colorado 80215-. Telephone (303)238-0451 •Fax (303)237-5560 Mr. Travis R. Crane City of Wheat Ridge Community Development, Department February 9, 2004 Page 2 The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is 'a change in use. The Company considers the subdivision of a property as a ".change of use." Fire protection requirements should be obtained from West Metro Fire Rescue and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, Michael E. Queen Executive Vice President /cc ,cc: Dave Roberts, Wheat Ridge Fire District Walter S. Welton, CMWCo President Michael E. Queen, CMWCo Executive Vice President _ John M. Allen, CMWCo Project Engineer Neal A. Santangelo, CMWCo Project Engineer OF WHEgT ~ P -~w ED 7500 West 29" Avenue EPP (I r )n The City of °OCOR"°o Wheat Ridge, Colorado 80033 Wheat Ridge 303-235-2846 U.D. FDATE: 2 February 2004 The Wheat Ridge Community Development Department has received a request for approval of a rezoning, Outline Development Plan, Final Development Plan and Final Plat at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday February 17 2004. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-04-01/MS-04-02 LOCATION: 10135 W. 38'" Avenue REQUESTED ACTION: Rezone from Residential One (R-1) to Planned Commercial Development (PCD). The Outline Development Plan will establish allowed uses and all development standards. The Final Development Plan will establish a site plan for the intended use. PURPOSE: To construct a 5,000 square foot dentist office. APPROXIMATE AREA: 1.73 acres Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Completed by:/ -)AV Development Department (Name, / Fax: 303-235-2857 DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools 0F t--C-4 JeffCo Commissioners AT&T Broadband 17r6an Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority "The Carnation City" WESTRIDGE SANITATION DISTRICT 3705 KIPLING STREET, SUITE 101 WHEAT RIDGE, COLORADO 80033 303 -424 -9467 February 10, 2004 Mr. Travis R. Crane Dept. of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 REF: Case No. WZ-04-O1/MS-04-02, 10135 W. 381H AVE. Dear Mr. Crane: Reference is made to your request regarding proposed development, Wheat Ridge Dental Group at 10135 West 38th Avenue, Wheat Ridge, Colorado The referenced site is within the boundary of the Westridge Sanitation District. At this date, there is sufficient capacity in the downstream District system of facilities to serve the development. The District will serve the proposed development of this site subject to compliance with all applicable District rules and regulations and subject to availability of downstream capacity at the time of actual formal application for sewer connection permits. For your information and records, a lift station/force main may be required to serve this new development. If you have any questions regarding this matter, please contact this office at 303-233-2058. 1 would be pleased to discuss this matter with you in greater detail at your request. Very Rep. for the District cc: District Office File: W54-0 7500 West 29" Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 2 February 2004 P-4 The Citv of 4 The Wheat Ridge Community Development Department has received a request for approval of a rezoning, Outline Development Plan, Final Development Plan and Final Plat at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday February 17, 2004. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-04-01/MS-04-02 LOCATION: 10135 W. 381h Avenue REQUESTED ACTION: Rezone from Residential One (R-1) to Planned Commercial Development (PCD). The Outline Development Plan will establish allowed uses and all development standards. The Final Development Plan will establish a site plan for the intended use. PURPOSE: To construct a 5,000 square foot dentist office. APPROXIMATE AREA: 1.73 acres Please describe your ability to service the property, while considering 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. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Completed by: Community Development Department (Name, Agency/Department, Date) Fax: 303-235-2857 DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority "The Carnation City" FECE-VII-E) " 02 2`0' 7500 West 291h Aven Wheat Ridge, Colorado 80033 303-235-2846 DATE: 2 February 2004 of P The Wheat Ridge Community Development Department has received a request for approval of a rezoning, Outline Development Plan, Final Development Plan and Final Plat at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday February 17, 2004. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-04-01/MS-04-02 LOCATION: 10135 W. 38'" Avenue REQUESTED ACTION: Rezone from Residential One (R-1) to Planned Commercial Development (PCD). The Outline Development Plan will establish allowed uses and all development standards. The Final Development Plan will establish a site plan for the intended use. PURPOSE: To construct a 5,000 square foot dentist office. APPROXIMATE AREA: 1.73 acres Please describe your ability to service the property, while considering 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. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Community Development Department Fax: 303-235-2857 Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools Completed by lth°GGb I(Name, Agency/Department, Date) JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority "The Carnation City" WHEAT RIDGE FIRE PROTECTION DISTRICT PO BOX 507 • 3880 UPHAM STREET • WHEAT RIDGE, COLORADO 80034,0507 303.403.5900 • FAX 303.940-0350 • WWW.WRFIRE.ORG February 13, 2004 To: Travis Crane Community Development Department City of Wheat Ridge Wheat Ridge, Co. 80033 Subject: WZ-0401/MS-0402, located at 10135 W 38 Ave. Dear Darin, After a review of Case # WZ-04-01/04-02, located at 10135 W 38 Ave, I am submitting the following comments and requirements for this particular project: We have no objections to the rezoning request. 2. We have no objections to the Ouline Development Plan for commercial uses. 3. The Final development Plan as currently presented does not meet the necessary turn radius requirement for Fire Department access to the structure. This issue will need to be addressed before the Fire Department will agree to the final development plan as currently presented. 4. Any additional issues and or items not addressed at this time will be addressed as need arises. If there are any questions concerning this project, I can be contacted at 303-403-5902, or Pager number 303-687-7336. Thank you for your help and consideration regarding this matter. Respectfully Dave Robert F.M., W.R.F.P.D. Xcel Energys~ PUBLIC SERVICE COMPANY February 17, 2004 CITY OF WHEATRIDGE 7500 WEST 29TIi AVENUE WHEATRIDGE, CO 80003 Re: 10135W. 38th Avenue (Travis Crane) Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 Public Service Company of Colorado (PSCo) has reviewed the plans for 10135 W. 38th Avenue. To ensure that adequate utility easements are available within this development, PSCo requests that the following language or plat note, be placed on the preliminary and final plats for the subdivision: Ten-foot (10') wide utility easements are hereby granted on private property adjacent to all public streets, and around the perimeter 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) 425-3867 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- 571-7735. Tha You, K ryn Baue/ Contract Right-of-Way Processor NMDCommind City of Wheat Ridge Dep=nentof Public February 20, 2004 DEPARTMENT OF PUBLIC WORKS 7500 WEST 29T" AVENUE WHEAT RIDGE, CO 80033 Wayne Wray Harris, P.E., P.L.S. Martin/Martin, Inc. P.O. Box 151500 Lakewood, CO 80215 303.431.6100 (303) 235-2861 FAX (303) 235-2857 Re: First Review Comments of Final Drainage Report/Plan, Final Plat, and Final Development Plan. Dear Mr. Harris, I have completed the first review of the above referenced documents for the Wheat Ridge Dental Group project received on February 3, 2004, and have the following comments: Final Drainage Report (Discussion) 1. Please rename the title of the report to "Phase III Final Drainage Report for the Wheat Ridge Dental Group for the submittal of the final report. 2. Include a discussion of the historical runoff flow rate(s) and path(s) for both the initial and major storm events, and state the areas of the sub-basins. 3. Include a discussion of the anticipated developed flow rates for both the initial and major storm events, including the areas of the sub-basins. 4. On page 4 of the Report, it is stated that the detention pond is sized for the 100-year rainfall event. Please include the pond volumes required and provided, and the designed rate of release. 5. Include the pond outlet pipe size, length, and grade, as well as the invert at the outfall into Lena Gulch. 6. In the geotechnical study prepared on January 14, 2004 by A.G. Wassenaar, Inc., there appears to be expansive soils present on this site. Please include a discussion of the methods that may need to be utilized during the pond construction to help minimize any negative impact the detention pond may have on the adjacent building. 7. The maintenance of the detention pond, outlet structure and associated pipe are to be the responsibility of the property owner. Please include a statement regarding this. 8. Please provide P.E. seal and signature on the Final Drainage Report. Final Drainage Report (Appendix) 1. Need to include calculations for the historic runoff, time(s) of concentration, and runoff coefficients for each design point. Drainage Plan 1. Need to include a Historic Drainage Plan. 2. Please include details for the following: a. Emergency Overflow b. Type C Inlet - showing front, side, and plan views, plus wall thickness, placement of rebar, etc. (see CDOT M-Standard Plan No. M-604-10). c. If a curb chase is to be incorporated near design point 1, a curb chase detail may be necessary for construction purposes. 3. Include the pond outlet pipe size, length, and grade, as well as the invert elevation at the Lena Gulch outfall. Erosion control methods should be considered at the Lena Gulch outfall; if riprap is to be utilized, the placement and type of riprap to be utilized will need to be shown on the Drainage Plan. 4. In the Basin Summary, include the Q's at the design points shown. 5. Even though the 6" diameter outlet pipe may be adequate to handle the anticipated release flows, the City recommends that the minimum pipe size be 18" in diameter for maintenance purposes. 6. Identify the detention pond easement boundary (and include linetype in legend). 7. State the type of riprap to be used in the pond (currently described as 9" river rock). 8. Please include cross-sections A-A, B-B, and C-C as indicated on the redlined Plan. 9. Please provide P.E. seal and signature on the Drainage Plan. Grading & Erosion Control Plan 1. A Grading & Erosion Control Plan needs to be submitted with the next submittal. 2. The Grading & Erosion Control Plan needs to include the following details: a. Pond Emergency Overflow b. Straw bales c. Silt fencing d. Vehicle tracking e. Inlet protection (if applicable) 3. Include a legend for the erosion control devices. 4. Please include a Note stating the type of erosion control e.g., native grasses, that is to be used in and around the detention pond area. 5. Please provide P.E. seal and signature on the G & EC Plan. Surveying Comments Final Plat Remarks: 1. Please include the proposed utility easements on the graphical portion of the Plat. 2. Need to include all zoning, both on and off-site. 3. Please change the Director of Planning and Development to Director of Community Development (the department name has changed). 4. Include the case history information as found on the redlined Plat. 5. Correct the typographical errors found in the Utility Easement Statement as shown on the redlined Plat. Final Development Plan Remarks: 1. On Sheet 1, the Legal Description needs to exactly match the Legal Description shown on the Final Plat. 2. The name should match the name found on the Final Plat: Wheat Ridge Dental Group. . 3. Need to include the standard detention easement language for the detention pond area. 4. On the Site Plan, show the detention pond easement. 5. Need to include the name of the map preparer (P.L.S. who certified it on sheet 1), the surveyor's firm address (or, on the behalf of Martin/Martin, etc.), and the date of map preparation. 6. On Sheet. C1.0, change word Outline to Final in the title as shown on the redlined Plan. 7. On sheet 3 (Site Plan), need to be sure that the proposed contours for the site match those shown 10135 W 38th (WR Dental Gmup)_wviewt.ltr on the Drainage Plan (please see redlined plan). 8. Include on the Site Plan: the linetypes as shown on the redlined Site Plan, the riprap, outlet structure (Type C Inlet), and outlet pipe to Lena Gulch as shown on the Drainage Plan. Outline Development Plan Remarks: 1. The Legal Description needs to exactly match the Legal Description shown on the Final Plat. 2. The name should match the name found on the Final Plat: Wheat Ridge Dental Group. The Public Works Department requires 2 signed and stamped copies of the Final Drainage Report/Plan, Grading & Erosion Control Plan, Final Development Plan, and Final Plat. Please provide these with the next submittal. Public Improvements, Cost Estimate, & Escrowed Funds Public improvements are required by the City Code of Laws to be constructed along the frontage of all properties at the time of development. However, the subject property lies along a portion of the 38th Avenue corridor that is scheduled for future reconstruction by the City. Therefore, escrowed funds from the developer are to be taken in lieu of construction of the required public improvements. The amount of $9,857.31 is to be placed in escrow, and is based upon the attached itemized cost estimate provided by the City for the curb, gutter, 5 ft. irrigated tree-lawn (sod), and 5 ft. detached sidewalk that is required along this portion of the 38th Avenue corridor. The escrowed funds will then be used at the time the 381h Avenue corridor is reconstructed by the City of Wheat Ridge. Application for Minor Grading/Landfill Permit Prior to the commencement of any onsite grading, an Application for Grading/Landfill Permit, along with the fees due will need to be submitted for review and approval. This Permit is generally issued at the time of the Building Permit. Right-of-Way Construction Permit(s)/Licensing Prior to the construction of any improvements, utility service connections, etc. within the public Right- of-Way, the required Right-of-Way Construction Permit(s) and respective licensing shall be submitted to the Department of Public Works for processing. Right-of-Way Construction Permits are issued only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, and easement or ROW dedications. Please return all redlined prints with the next submittal. If you have any questions, please contact me at 303-235-2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer Cc: Steve Nguyen, Engineering Manager Travis Crane, Planner File 10135 W 39th (WR Dental Group)_rmmI.ltr o ~n 'o In 1n V I-IR 1-0 M O vi ~ v c~ r U N N V 1~ r h 1 V W V V V W N ~ N N C\ N 7 O U U ~ fH b9 69 fA 69 fA b L N V1 V1 V1 M N N N ~ W W m W O O z -L ~ N N r W 7 ~ 7 C O a v. O O r O F ~ U a y 0 U 7 v es zs ss 0 7 ' n ie d y n ~ q ~ a d i a, d :y 3 y s s W L in a~ h O L O O Li N N v a a r V U U 00 C y U 'O 'O b o x 3 3 3 M o m U o ~ v U ~ G ❑ 9 v E A m t C L W L 7 w ~ M Vl vl YJ lJ N% ° @ 0 00 m vo U a^a o w N 0 s In 00 G O u Q M DD FA I I II 0 b L 7 Q Q Q1 Q 0 F 7500 West 291h Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 2 February 2004 The of U The Wheat Ridge Community Development Department has received a request for approval of a rezoning, Outline Development Plan, Final Development Plan and Final Plat at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday February 17 2004. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-04-01/MS-04-02 LOCATION: 10135 W. 38h Avenue REQUESTED ACTION: Rezone from Residential One (R-1) to Planned Commercial Development (PCD). The Outline Development Plan will establish allowed uses and all development standards. The Final Development Plan will establish a site plan for the intended use. PURPOSE: To construct a 5,000 square foot dentist office. APPROXIMATE AREA: 1.73 acres Please describe your ability to service the property, while considering 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. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Completed by: Community Development Department (Name, Agency/Department, Date) Fax: 303-235-2857 DISTRIBUTION: Water`District Sanitation District A District `Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband 6.rban Drainage and Flood Control, District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Uyheat Ridge Public Works Wheat Ridge Parks' & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority "The Carnation City" ~-*oF WHEgTyO i v m c~COHP~O The City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, rre;r4 uPh as 146M iicrl mas+a yc✓ of/with r' I i R LQnd L . C . C . (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, the "Applicant'J, do hereby certify that notice of the application for set for public hearing on y~ (describe type of application) " ' ' 1 200 ~ has been sent to all mineral estate owners at least thirty (30) days before th ublic hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. 9 Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this J7-t(- day of App 200, By. C ABB © d 300 VICINITY MAP Na RTx v.X00'-0" LEGAL DESCRIPTION a PAeaL w Lpm LcuRn Nile sanEASraaRei cPIE »mlE simnRlwa. YGNAl1LibIN4iIP 90DJRL R4Y'£09 UE9TCM &I(INRiCIP4 Y@mWLG1Y6 WlFp}pD8' .fAMY6 HiEWl0TAR 6f1CRIM.IVJIE PAFRP1iRYDEO.'RYD 69 KLLP.& wBSE, ai TE mJiIFMt U.ReRWOUD %crlW V4iIExPElY2 MG6IE xM1L9e 6},E wmEmt 60NO0ECrW ]1099 UW9{3b]I f@TIIBY.E IEAVWi BdO MIIM LMENt0 f6'<IW.'RPoREf t0 dA3F3rG TELJMBERT Rld1 LW.GUi YYYLN M9 CT D'131µ LLF01 '6UM9]0 RE! SET TD A Po.M!TBTHE MJV4ZT R A PARCEL 5 LED 69 !F QEDET~GEREGEYfldltl. W VMt.TLW£ NLN' }IE BJlOdMR 9aIG PA046LN9. TC FDLLOML' T(EEAl FaY5111vE CG46EB: U.6 BET"GREAS M W I1E BOUMMlDd Rf1fWGM009dPYB1E1.YL1LFULAND19£MPMRsEf/~ ECRE MKFAY3W 1989 REi tOA PoCADECi60)AT Ai fe4E°IIW ND. e'M1011i.1N➢lE ILCiYa 111E IXV bAFY OF 649 PA0.'EL R LH91E PoLLO1N9 rQR f 01 CFeG]IIIYE CPRBE& Ulpl'£W9 Y' 41£91NRE1,SITSY2MB R"`G``UA`G 9111F3L26NA% E.L 11EIILE N13 06'31£91(1 RFi. Ti@YE LFpN19 BdT PAZ661M0N9 4LQG IF4EBt LKS4 PUFCB 44EL 6 Ld'ID M p Cry p} gf{p11CA'ib.fE9UYA 0~b'dIE, 919911£Ef tOT@ IpG PoM6 VGkY1G &JD P4 LFL G VNDCGMAW n3l0 W14ff1fFtfL1"O PLC'ff9A M.1E GRtFad WHEAT RIDGE DENTAL GROUP OUTLINE DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 10135 WEST 38TH AVENUE WHEAT RIDGE, COLORADO SHEET 1 OF 2 SURVEYOR'S CERTIFICATION DO HEREBY CERTIFY THAT THE SURVEY OF (PLEASE PRINT) THE BOUNDARY CF EA RWF WAS MADE BY ME OR UNOER MY DIRECT SLIP-ERVI&ION AND TO THE BEST OF MY KNOWLEDGE, MEORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, OJRSEENT REVISED EDITION AS AMENDED, THE ACCC01REANYIBG FLAN ACCURATELY FeFREeENTe SAID BURVET. SIGNATURE ( SURVEYORS SEAL ) CASE HISTORY WL04-01 M5-04.03 CHARACTER OF DEVELOPMENT PLANNING COMMISSION CERTIFICATION WHEAT RIDGE WEST 6TH P.M. PET STORES PHARIACIBE PICTURE FRAMING SHOPS RESIDENTIAL GROUP AND NURSING HOMES AND C REGATE CARE FACILITIES GOBS 6 TO 0 ELDERLY FERII STUDIO FOR FROFE9910NAL Ul'YNC OR TEACHPY: OF FINE ARTS TELEVISION, RADIO. SMALL AFPLIANCI AND COTIF LITER REPAIR AND SERVICI SHOPS TOBACCO STORES TOT STORES WATCH AND JEWELRT REPAIR STORE! SIMILAR USES AS DETERMINED BY THE DIRECTOR OF CGTUHTY DEVELOPMENT, PER SECTION 26-301 OF THE WHEAT RIDGE CODE OF LAWS SMALL SCALE RETAIL AND PR~cS5iONA1 SERVICES INDEPENDENTLY OWNED THAT ARE NOT DEPENDENT ON HIGH TRAFFIC VOLUMES. WELL LANDSCAPED. NO OUTSIDE STORAGE. SCREENED TRASH ENCLOSJRE9 NO DRIVE THROUGH FACILTIES OR AUTO-ORIENTED COMMERCIAL USES OEVELOFMENT CONTAINS AMENITIES NMMM BIKE RACKS , PICNIC TABLE AND PEDESTRIAN COWECTICNS TO °JJRRdAmIK'e NEIGHBORHOODS. HEIGHT AND BULK ARE RESTRICTED AND RELATE TO SCALE OF ADJACENT NEIGHBOFPHOOD. OWNER'S CERTIFICATE THE BELOW SIGNED OWNERS, OR LEGALLT PEI AGENT TFEREOF, DO HEREBT AGREE THAT THE PROPERTY LEGALLT DESCRIBED HEREON CELL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE UN THE USES, RESTRICTIONS AND CONDITIONS I CONTAINED IN MIS R_AN, AND AS MAY OTHERWISE BE REWIRED BY LAW. WE BURNER RECOGNIZE THAT THE APPROVAL OF A RE)NINS TO I PLAUNEO DEVELOPMENT, AND APPROVAL OF THIS WTONE DBVELGFMENT PLAN DOES NOT CREATE A VESTED PROPERTY RIGHT. I VESTED PROPERTY RICWT5 MAY ONLY ARISE AND ACCRUE PURSUANT TO I THE FROVI610NS OF SECTION 26121 OF THE WHEAT RIDGE CODE OF LAWS. I SIGNATURE OF OWNER SGNATURE OF WNER STATE OF COLORADO ) I 65 C TY OF JEF=ERSON ) THE FOREGOING INETGCurB IT WAS ACXNWILEDGED BEFORE ME THIS DAY W , AD20 BY I WITNESS MY HAND AND OFFICIAL SEAL. MY COM115NON EXPIRES: 1 NOTARY PUBLIC I ECOMMENDED FOR APPROVAL THIS DAY OF BY THE WHEAT RIDGE FLAWING COMMISSION, I CHAIRFER9QJ - - - CITY CERTIFICATION APPROVED MI6 DAY W _ RIDGE CITY COUMCIL. ATTEST CITY CLERIC DEYELOFMENi DIRECTOR OF CQ`101UYITY BY THE WHEAT MAYOR SHEET INDEX CP2 CGYER SHEET ] CF 2 SIZE PLAN - COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF WI_ORADO ) 56 LO.MY ON JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OFF I THE cgAltt CLEW AND RECORDER OF JEFFERSON OgMtt AT I (OLDEN, COLORADO, O'CLOCK- M. ON THE DAY ON AD. IN BOOK . PAGE RECEPTION NO. . I JEFFERSON COUNTY CLERK AND RECORDER I BY: I DEPUTY - - - STATISTICAL INFORMATION: DEVELOPMENT STANDARDS MINIMUM BOLDING BETI FRONT 50' SIDE 5' REAR 20' MINIMUM BUILDING HEIGHT: 35' MAXIMUM BOLDING GG YNAGE : 140W S.F. LANDSCAPING SHALL BE A MINIMUM OF WX OF THE TOTAL LOT AREA. (BECTON 26-502) ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 OF THE WnUT RIDGE COLE OF UWE. ALL EXTERIOR LIGHTM SHALL BE IN CONFORMANCE WITH SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS. ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 OF THE WHEAT RIDGE CODE OF IAMB. ALL SIGNAGE SHALL BE IN CONFORMANCE WIM ARTICLE VII OF ME WHGT RIME CODE OF LAM. ARCHITECTURAL DI TO BE APPROVE) BY THE COMMUNITY DEVELOPMENT ORECTOR IN ACCORDANCE AN THE STREETSGPE AND ARCHITECTURAL DESIGN MANUAL AL' ROOFTOP EQUIPMENT SHALL BE SCREENED FROM VIEW. 234 COLUMBINE ST. DENVER, CO 80206 SUITE 201 321-5554 fax 321-5651 .I LOT 1 U FimGE WHEAT NIDOE WHEAT RIDGE UFBLATTED CRY OF WHEAT 9UBMADN1810N A-11 ZONNG \\,.\\\\\\\\1\\\\\\\\\ LT 1 RECREATION "SION "-zcN ASUBDMSON WHEAT RIDGE DENTAL GROUP m OUTLINE DEVELOPMENT PLAN C-1+R-1 1~ % AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE O,o `1 SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 WEST 6TH P.M. ,ov 10135 WEST 38TH AVENUE WHEAT RIDGE, COLORADO SHEET 2 OF 2 53W - RECE 1 F7276W2 R-1 ZONING I R-1 ZONING 1 a we.~.¢waxaeewra ro merrm uuxm.e.im n'0OX"ewcx"nexamVA°"~u ro~neimio~rw.wa I wv>rzeuce-a.rrsew ' iwuurvmmemmmav,m vumArecuwvm s is S I T E P L A N 45 eseemae,o rvuca+m++ecs x 0 51 x r.~m °1fmna~ew~. ~oeueer.rm+ I" = 3m'_0~~ 'i. .+wmva reesxiive mmaxwnanmwrawe~re. oo +o~o 234 COLUMBINE ST. DENVER. O 80208 SUITE 20C1 321-5854 lax 321-5051 ~oD ©D VICINITY MAP I DI ix I".1090'-4 WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 WEST 6TH P.M. 10135 WEST 38TH AVENUE WHEAT RIDGE, COLORADO SHEET 1 OF 5 LEGAL DESCRIPTION: APA0216 VMlLMI(D M11E&NIRh9i OLLR1ERGTE OJIM1Ebt Ol4¢IEQ 6. xcilwxlweEUP 3eamLPAw~E31'vratlE almlPwllcBUrEimIANCltrau¢At rm%,mwTYs I AiE0.°QLSTAIE LF COLCW DJ. t'OII PAiIICVA0.i DEBCRCFp A9 id.VAU 'CMiflYNE AT IK&NIFl9t CORPRQ641D 5LLTW ]l1lEt6E 4Q1511E B]JIIALIE Will°XM@A9t aaRRRSeao eEaw]La39 tl•ua, 35mn FBU i:exE LPArweuommluE lam ee•Nw9mmarsT to 'l1ExclmERLr R6M{FUNr LOa(P UPAt9nu Arele an ne iRE wMra ewwuH:.lw+w wwualo IbRllEli gWTd WAi LPE &9 tl'99W b5331EEti0 P PoMt CN TE D'JI:DAN 6 APAYPL616\Dtl .'.NS 5m6Em. TE3CZ ALCW iK Bits6eYG MPPASEL W Ut9.lIEP.7.LOUG ' 11~E13)UWEDIIIVE fDJtlFd I111Bd3 NIIb PB]9W H0~RF, I111H.TC 533tlbW,8tt•IEEL 9111012' ' ISO EO]3W MAREf iO AFdifiCN IIE MMdRl6APAtl2LG W9 A9RSLW2<1 gCH+flW lb MDBB.TOGE4'L1GIK ~lP/R(WA3ID PAY6GLA`N t£KLLPLOl1 H)CQtlE4NNEWR£& U1tElIGENIp 3EAt'E.31lf IEELLtIFIYE MO%'SI£NrmRE[9)IIEN2 N9 W],, 3'EtimORB,f)IFBY~ NA PA 3l'E9Lfl F5Ei,T0l~'~E LFGWGBIJD PdRELR VJ9 A`D NPG IUE YEBiLME 6<P4KnL 6Ld'p A9 IRLC(AEJ Ai fECCPIIW Itl P090591 Ktl Po'NE3N611EEt lD i1E IfdE PoM6 PP(adiW E61D PNCE1 R LLw vrtuu e3tmeb14ME tEEi rtvov.BnLnclE at l[eo SURVEYOR'S CERTIFICATION DO HEREBY CERTIFY THAT THE &J~Y OF I, (PLEASE PRINT) THE BWNDARY CF WHEAT RIDGE DENTAL GROUP W45 MADE BY ME OR UNDER MY DIRECT SUPER„I61CN AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT RENSED EDITION AS AMENDED, THE ACPPMPANYMG PLAN ACCURATELY REPRESENTS SAID 6LIRVEY. BI iNANRE ( 5JREYOR'5 SEAL ) CASE HISTORY 'I WZ-04.01 MS-04-01 CHARACTER OF DEVELOPMENT SMALL SCALE PROFESSIONAL DENTAL OFFICE. WELL LME)SCAPED. NO OJTSIDE BTORASE, SCREENED TRASH ENCLOSLRE6 AMPLE PARKINS PROVIDED EXCEEDIN5 CITY STANDARDS. A C54 R LANSCAPE ISLAND SOFTENS AND GAFFERS THE PARKNG LOT IN ITS APPEARANCE FROM 38TH STREET AND THE B'JILDIIYa. THE BUILDING IS DESIGNED TO BE DOT I WITH THE RESIDENTIAL NEIGHBORHOOD WITH MODERATELY 8-OP- ROOFS COMPOSITE TILES, 870NE AND STUCCO FACADES. EXPANSIVE WINDOWS AND SBGLE STORY DESIGN, REDUCES THE OVERALL BJLK APPEARENCE OF THE BALDING. THE GENERAL CURVE DESIGN ADDS VIAL APPEAL TO THE STREETSCAPE. - - STORM DETENTION EASEMENT THE STOR`I AREA AS HEREON NOUN AS A DRAINAAE E48EMENT SHALL BE CONSTRICTED I AND MANTANED BY THE OWNER AND SJBSEOJENT OWNERS, HEIRS, BJCCE650RS AND I ASSIGNS. N THE EVENT THAT SUN CONBIRGTION AND MAINTENANCE IB NOT PERFORMED I BY 641D OWNER THE CITY OF WHEAT RIX£ WALL HAE THE RIGHT TO ENTER SUCH AREA I AND PERFORM NECESSARY SANK THE COST OP UMICH SAID OUMER HEIRS, GUCCE%OFS, II AND A5SI3NB AGREES TO PAY. NO WILDNG OR STRICT RE WILL BE CONSTRICTED M THE DETENTION AREA AND NO CHANGES OR ALTERATIONS APECT6G THE HYDRAULIC ?PANE DIRECTOR OFF THE DI EBB AREA WILL BE MADE WITHOUT THE AR'-ROVAL 6 THE I - OWNER'S CERTIFICATE THE BELOW SIUNED OWNERS, OR LEGALLY DESW4TEO AGENT THEF Ef . DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT N ACCORDANCE WITH THE USES, RESTRICT[" AND CONDITIONS CONTAINED M N16 PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. WE RIRIHER RECC ENIZE THAT THE APPROVAL OF A REZONING TO I PLANNED DEVELOPMENT, AND APPROVAL OF THIS WTLINE I DEELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RGHT. I EBTE P PROPERR RGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO I THE PROVISIONS OF SECTION 26-121 OF THE MEAT RIDGE CODE OF LAMB. 61GNANRE OF OWNER BIOdNATURE OF OWNER STATE OF COLORADO ) 65 COAMY OF JEFFERSON ) THE P2RESONG INSTRUMENT WAS ACWOIAEDGED BEFORE ME THIS DAY OF , ADIS _ BT WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: li 1 NOTARY PUBLIC PLANNING COMMISSION CERTIFICATION REDO MENDED FOR APPROVAL THIS PAT OF BY THE MEAT RI PLANNING COMMtWON, CITY CERTIFICATION APPROVED THIS DAY OF EY 1HE MEAT RIDGE CITY OOMCILI ATTEST CITY CLER< TAMAR DIRECTOR OF COMMUNITY DEVELOFMTIT DIRECTOR OF PJBLIC WORJCS SHEET INDEX OFS .OHEET I W 5 91TE RAN 3 W 5 LANO9ClWE PLAN f CF 9 ELEVATIONO 5G 5 ELEVATIQN9 COUNTY CLERK AND RECORDERS CERTIFICATE I STATE CP COLORADO I ) 55 COUNTY OF JEFFEFsaN J I HEREBY CERTIFY THAT THIS PLAN WAS FILED M THE OFFICE OF THE COUNTY CLERK AND CECORDER OF JEFFERSON COWTY AT GOLDEN, COLORADO, AT O'CLOCK-M. ON THE DAY W AD. N BOOT: PAGE RECEPTION NOS, JEFFERSON COLNR CLERK AND RECORDER BY OEWtt 234 COLUMBINE ST, DENVER, CO 80208 SUITE 201 321-3864 f. 321-5651 AN OFFICIAL SE 1/4 SEC Q¢009 ADCEeB EABEi1INt eNr °x I, ece vu~we eu:sneae uo amurowaVreemm~ vuem~_~r~mn oa~m_rar~au~mvwi~e~.miuuema+m itw ew , wxvxwwa~ae.eco+rewum~n~n ror~z uo~'euu~rro~uenei~e~~auo rt0aw ~mee ro"xmwe ''i rovmrtnewux mv~rmemroroewn euo WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN DEVELOPMENT PLAN IN THE CITY 21 TOWNSHIP 3 SOUTH RANGE a 10135 WEST 38TH AVENUE WHEAT RIDGE, COLORADO SHEET 2 OF 5 234 COLUMBINE ST. DENVER. CO 80208 SUITE 201 321-5884 tar 321851 OF WHEAT RIDGE lAICCT FTW P kA WHEAT RIDGE. DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 WEST 6TH P.M. 10135 WEST 38TH AVENUE WHEAT RIDGE, COLORADO SHEET 3 OF 5 234 COLUMBINE ST. DENVER. 00 60206 SUITE 201 321-6884 My 331-5851 LANDSCAPE SCHEDULE IlFil (An'i195PEGEB MMRIMYIA%111M f%MDED Blff g~ WIDBBpFE ip.FRLRE lA6MEf &pH 6FJ BM f6t[600FJ Nd-LIVdG mf_R/l£ d4Ed E0F P I.M IIMCBF) A tl'.ltB£Nq@TLO~Bt L30fEEt6LNE4R Bi(~f>~F9 ({EpIiI8d1gY3M!GB {RL11iIGE AWK~i fO R'6T'B B iti'~-BBB MCUTAM MN IIHE~Iq+d BF. Iff41F.~D 6 N•GLB~B iFEB BTCY Bf~A.4' LNAOW£D 0.ffA ~116°r I11R/IF038F IEWIffD 9 • I~'• 1f~B R6A WP.RF1 LAWGA4p 0.GEA )VI fiLB.B °ae j}f I IIEE/ ICBM 0F. I£yllEp ~ ~V i F LlA 9 B >R=BB 1dB NBPA R LNOBf D P fAIL!£ S, BBI~IB9/IP•d BF IEOI~&'D &iLCB ~ L6•m%M1^24ff4 b 664E O. IXIF WRJNIR4R BWRC&1099 BF. fE611lEp JNM1£AIB XLAIYNf41B uyey~/B ye4 9B BWL '&IEdP' BMg LE BB IRCH 6F. ~tl4$ EBB BEPoYAIB iNNEiP]I LNbEG4°FD NE< ]0 9GLL O •Li~resur&d• G9N9 VJ.£R PoVERRCC BW . NALIVE Fcpl'c WGLLTVERi1KA VB¢NICL FECiMdid © LANDSCAPE PLAN mLmL=mmL NORTH WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE C SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANG 10135 WEST 38TH AVENUE WHEATRIDGE, COLORADO SHEET 4 OF 5 ITY OF WHEAT RIDGE E 69 WEST 6TH P.M. S O U T P E L E V A T I O N 114" . P_O^ ~~er:x:.s u~vow eecro PawaPEr 1/4" . r-0" ELEVATION NOTES INC, PWNDAVCN MEYGND BTRL USED FRO%. GRADE. THE VENEER WITH BTGNE CAP. 50 NOT LL9 . © ALUM IAI 9TOREf WANT WINOOW3 DARK BRONZE PINIBH P (LOW V) NW-, GLA00 NS: EM 'R ELEV6. fOR TEMPRRID LCCATINb. TEMPERED NWLATED G-A QB 9%10 1 1X6 000 RED L FA IA BOAR 5 (FAINT). 09 INTL. HAND RAIL (PAINT) O STANDING SEAR M. R [NG II VB" 6ID LLV VNYL PNII5H COATING I] NOT 115ED n NOT LL9Eo .ONT DOORB (PANT: TAW W/ RED GLASS. GJTTER (PAINT TO MATCH WN.LS). 0 (PAINT TO MATCH WALLS). DETAILNG I ~ . 1 I ' I I I ~ 4M x Y d I : 234 COLUMBINE ST. DENVER. CO 80206 SUITE 201 321-56M IRx 321-5651 1 I I I I Q o w W w I a 2 3 m ^ s W W w' : I I V I I I , T k I ~ I I WHEAT RIDGE DENTAL GROUP FINAL DEVELOPMENT PLAN AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE SE 1/4 SEC 21 TOWNSHIP 3 SOUTH RANGE 69 WEST 6TH P.M. 10135 WEST 38TH AVENUE WHEATRIDGE, COLORADO SHEET 5 OF 5 wv iNiTP YnoFN BEYON PdRGFET 234 COLUMBINE ST. 80206 SUITE 201 SUITE 331-5664 fay 321-501 N O R T H E L E V A T I O N W E S T E L E V A T I O N ELEVATION NOTES OI CCNC PPJNOATfCN BEYOND IIE: 6TRL. (D NOT WINED Q3 APPROX GRADE QS STONE `i6AHER WITH OTOJE CAP. O NOT 66ED © ALIIMINLM STOREFRONT W'NMO DARK BRCNSE FINISH 1" (LOW "E°) INBUL GLASS RE: EM 'R ELEVS. FOR TEMPI D LOCATIO:J6. Ol TEMPEREO IN6W.ATEO GLASS O 2X10 ( 1. S F£OWOOD FASCIA BOARDS (PAINT). Q9 ML. HAND RAIL (PAINT) 1m STANDING SEAM MTL. R lC II VS" 67,000 W/ VINYL FINI&H COATING 1] NOT Il6ED NOT USED ® 6TW BILL 19 ALW9NLM STCR RRONT OOONO (PAINT: TAN) W/ I/4" (CLRf) TEMF@fED GLAA4 Ib CCNTMNW6 4" MR. G 7TER (PAINT TO MATCH WALLS). V 4" OCU4 OP 0 (PAINT TO MATCH WALLS). It 6n1OOO STEPPED DETAILING 01(2312004 07:58 303-321-5651 PAGE 01 n r i r A T Y n N Hear LAND USE CASE PROUZbZi"Ny r ` Planning and Development Department G r. CO 80033 Wheat Ridge e A g' , venu , 7500 West 29 v ° Phone (303) 235-2846 taa,o ~~L Dene~ (Please print or type all information) Phone 303-431-583 0 Dean r 3R 11 e•,=. _ n'~T'' A licaat t)r 11' Address_• C F -3 FT: rhL1 - f - PP Zip ` 0 - State Co 'n e City_ Whe a tF i d Phone. Owner same. as above Address Fax Zil) ~ Ciry State 234 Columbine St. # 201 phori 03-321-5664 John Garner Address Contact Zips Fax City D e n v e x State co tions regarding this application, provide additional information when necessary, post (The person listed as contact will be contacted to answer ques of the staff repo" prior to Public Hearing') co i py ve a public hearing signs, and will rece Location of request (address): 10135 West .18th Ave.. Type of action requested (check one or more of the actions listed below which pertain to your request.) Appttcarien $Ub" atud requirements on reverse side :U Change of zone or zone conditions D Special use Permit ❑ Subdivision: Minor (5 lots or less) C1 Consolidation Plat 0 Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception O Preliminary ❑ Final ❑ Interpretation of Code ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group O Temporary Use, Building, Sign C1 Site Development Plan approval d Variance/Waiver (from Section ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: Rezone the existing oro2erty from x-1 to °lanned Commercial Development for the ur ose of buildin a one story 5,000 s.f. dental building,. Required information: 3921400030 1.73 AC Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: R-1 Proposed Zoning: C omm e r c i a 1 Current Use: residential. Proposed14se: Medical I certify that the information and exhibits herewith submitted are true and correct toi the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed abolve, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit powe -of-anomey from the owner which approved of this action on his behalf. t C~ t lic Si f A gna ure o an pp /97Q 20 Cj~ f _ day o Subscribed and sw s _ ~•`LEN- O om yL Q ` G 1A P lic ~C~® Q~' n e 1 on xpires December 1 t, ? 14 Y Boulevard N : A ea ge, , Date received 13 d Fee $ t4t-A O Case No•' Z O -DI r S 6V v Comp Plan Desig. Zoning - O O Quarter Section Map 3 1 Related Case No. Pre-App Mtg. Date Case Manager (2 6J 006 LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: lsc@lscdenver.com Web Site: http://www.Iscdenver.com Mr. John Garner 234 Columbine Street, Suite 201 Denver, CO 80206 Re: Freimuth Medical Office Wheat Ridge, Colorado (LSC #031250) Dear Mr. Garner: We have completed an analysis of the traffic impacts of the proposed Freimuth Medical Office located in Broomfield, Colorado. This study first provides a summary of planned future road- ways and traffic conditions in the vicinity of the proposed site. It then provides estimates of the amount and directional distribution of traffic that will be generated by the proposed development as well as estimates of the background and total traffic after full buildout. Finally, the impacts of the project's generated traffic on the surrounding roadway network are evaluated and recommendations are made regarding roadway improvements. Land Use and Access Plan The site is currently proposed to contain a 4,000 square foot medical office building. Access to the site will come from one access onto 38' Avenue. The access will be a full movement Stop controlled intersection. Existing Roadway Figure 1, enclosed; illustrates the location of the site within the surrounding roadway network. As indicated,'the site is located along the north side of 38' Avenue, about 600 feet west of Kipling Street. Major roadways in the vicinity of the site are described below with a brief discussion of anticipated future roadway improvements. Kipling Street (SH 391) is a major arterial with north-south continuity from 6' Avenue north to I-70. The roadway is constructed as a four-lane road in the vicinity of the site. The intersection of Kipling Street/38' Avenue is signalized and has exclusive right- and left-turn lanes on all approaches. • 38' Avenue is a two-lane collector street with east-west continuity from Youngfield Street east to Pecos Street. It is posted at 35 mph. January 20, 2004 Mr. John Garner Page 2 January 20, 2004 Existinq Traffic Conditions Figure 2 depicts existing lane geometry and traffic controls for the intersection of Kipling Street/38°i Avenue. Existing peak-hour and average weekday traffic volumes are illustrated in Figure 2 and are based on traffic counts conducted by Counter Measures, Inc. in December, 2003. The computer printouts of these counts are enclosed. Future Background Traffic In order to have a basis for determining future traffic impacts, projections of Year 2005 and Year 2025 peak-hour traffic were made at nearby intersections. The Year 2005 was chosen as the short term design year since the Freimuth Medical Office is expected to be built out by that year. The Year 2025 was selected as the long range horizon since it coincides with long range projections available for the Wheat Ridge area. Figures 3 and 4 illustrate the Year 2005 and Year 2025 traffic projections, respectively. The future background conditions are based on a 0.47 percent annual growth rate in through traffic on Kipling Street which was derived from the CDOT growth factor for Kipling Street (SH 391). Traffic on 38' Avenue was not increased since the local area is almost entirely built out. Traffic Generation Based on applicable rates cited in the 2003 edition of. Trip Generation, published by the Institute of Transportation Engineers, enclosed Table 1 presents estimates of average daily and peak-hour traffic to be generated by buildout of the proposed Freimuth Medical Office. As indicated, the Freimuth Medical Office development is projected to generate 145 average week- day vehicle-trips (73 entering and 73 exiting). This total includes eight entering and two exiting trips during the morning peak-hour and four entering and eleven exiting trips during the evening commuter peak-hour. Traffic Distribution and Assignment A key element in the determination of the proposed project's traffic impacts is the directional distribution of its traffic onto the surrounding roadway system. The relative location of the site, the type of land use, existing traffic patterns, and specific characteristics of the roadway and access system will dictate what this distribution will be. Figure 5 illustrates the distribution expected to be applicable to the Freimuth Medical Office site. As Figure 5 shows, the site-generated traffic is expected to be distributed with 40 percent oriented to and from the north on Kipling Street, 15 percent oriented to and from the south on Kipling Street, five percent oriented to and from the west on 38t' Avenue, and 40 percent to and from the east on 38tr' Avenue. Application of the percentage distribution projections shown in Figure 5 to the generation estimates of Table 1 yields the assignment of site-generated traffic shown in Figure 6. Figures 7 and 8 illustrate the combination of weekday peak-hour background traffic (from Figures 3 and 4) and project-generated traffic from the proposed development (Figure 6). Mr. John Garner Page 3 January 20, 2004 Traffic Impacts In order to assess the impact of the proposed project, peak-hour capacity analyses have been prepared for three key study intersections assuming background plus site-generated traffic conditions. The methodology used is that presented in the 2000 Highway Capacity Manual, published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions which accommodate various levels of traffic activity. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a free-flow condition and "E" representing the capacity of a given intersection or roadway. Table 2, enclosed, summarizes the results of the morning and evening peak-hour LOS analyses for the proposed development (actual computer analysis printouts are enclosed) and the following discusses the results of the capacity analysis for the two subject intersections. Mpling Street/38' Avenue: This signalized intersection is projected to operate at a good Level of Service (LOS "C") during both the morning peak-hour and the evening peak-hour in the Year 2005 with or without traffic from the proposed development. By the Year 2025, this signalized intersection will continue to operate at a good Level of Service (LOS "C") during both the morning peak-hour and the evening peak-hour with and without traffic from the proposed development. 38ei Avenue/ Site Access: All of the approaches at this unsignalized intersection are projected to operate at a good (LOS "C") or better during both the morning and evening peak-hours with the addition of site-generated traffic through the Year 2025. Conclusions and Recommendations Based upon the foregoing analysis, the following conclusions may be made regarding the proposed Freimuth Medical Office development: 1. The proposed Freimuth Medical Office development will contain a 4,000 square foot medical office building. A total of 145 external average weekday vehicle-trips (73 entering and 73 exiting) is projected to be generated. This total includes eight entering and two exiting trips during the morning peak-hour and four entering and eleven exiting trips during the evening commuter peak-hour. 2. The site-generated traffic is expected to be distributed with 40 percent oriented to and from the north on Kipling Street; 15 percent oriented to and from the south on Kipling Street; five percent oriented to and from the west on 38' Avenue; and 40 percent to and from the east on 38h Avenue. The intersections of Kipling Street/38th Avenue and 38' Avenue/Site Access are both projected to operate at a good Level of Service (LOS "C") during the morning peak-hour and evening peak-hour through the Year 2025 with or without traffic from the proposed development. Mr. John Garner Page 4 January 20, 2004 4. Since the turning traffic volumes into the site will be relatively low (less than ten vehicles per hour), turn lanes on 38t' Avenue will not be required. 5. The traffic impacts of the Freimuth Medical Office development will be minimal and can be accommodated by the surrounding roadway network. We trust that this report will assist with planning for the Freimuth Medical Office development. Please call if we can provide additional assistance. Sincerely, LSC Transportation Consultants, oEOj~ By: g _ ae-~ ~ Alex J. Ari cello, P.E., P.T.O.E. AJA/DD/wc Enclosures: Tables 1 and 2 Figures 1 through 8 Traffic Counts Capacity Analyses 14982 \\Server\d\LSC\Projects\2003\031250\Report\F-Fmftnuth.wpd 0 2° 0 d Y Co co d c m C7 ~ N m O 2 j p ~ Y l0 ~ L a O U cL ~ - L Q Y O Q Z 00 M C O Q a O O .J N N W m Y W d `p 4) w p 7 ~ c C? Uo A IL - cc LL 4) -3 C6 tpLL Gco 0) •OO 0 5 (D c H ~'C N 0 2 0 0 ~ N m D co LLI . . Wrt# W p a CC) O o.S Q £ o m . 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O'--I f-O: d d -6 p a a a C C C C C C C C C N N C C >O - C C C 7>>> J J O O O U N O 00 0 0 O O O O a Q a C C d L L ==z N N > L Q L V - C Q SS d G m m m w 0 o o o o o o c c Y W W W 3:3:3: Z ZZU(n(n W W m o MUU a d U p N - N N C 6 G F V rn N ~ 7 s Jai! 4#b V, z.$~'~ a .ei~ it +~a'"~R~..'..'4w;TMw#~.°o~":'S".'~°y ~T• ~y le. ~ y Q ^N ~ N N n ^ N N ~ ~ I ~ tp N ~ ~ N N M - r Nl~ s Y m •3S Suildi)l H I W L N U z Ct O N O c vJ ~ LL W O U U U O O F H a c > j o+ 0 0 ~n x x U Y a _ O O o a a r- II a w u C, or W J N S tl u r E 1 e' ay 2 WIN VIN ~Ic OvlNl ~I~ N o~~ mlp -sir v°Oom °Im .n o Flo N -IS Suildi)f Q co co co LW r M U O _ p N R"0 O ~ ~O c o p O L U V N ~~n^ -vs U E M LL ol^ N d ~ 1 N W O C W L MI^ ~ m C U U w w ~ O O W H I- ~ C > O ~ o O O S S y 0 0 a 0 ~ w m a a w W m J N M ~ Z 4y Q WIO aJN -IN NI~ ml~ _ O n -sir- Is alp 01 010 00 "N -IS Sugdi)l 1 Q t co co LU Ul) N CZ N i o u J Y 0 ry U O S U E M u LL ~I~ v a i nip 00 M C U U w w ~ O O W C J ' O O O S S O Y Y E O O J W a d o o a ~ ' Q - r w F W D r I J N M O z 3 v ) ti► U s ' _n o Q ~ s ~Uv c LL U v ~o N Q ai t .r p LO ~ r '1S guildi)l W a ~ a G U ~ d P O : ~L W t U g W J ~ ' tl tl .vn; e~ V O 4U N 7 N M1 4,2 ($A 110 Q a 6y ~ V J Q y ~ U ~ _ Iv^J d L U E m LL M~N ( ~ V ~ MIN ~1 ~ I~ HIV °IN t cc M '3S Su!ldi)l 0 4 D oa s s a o v m a a z Li u C, W cV J n e' Q DIN. SIN rn N ~I 0 o~ ;O! N •;S 3wldiN Q L Y co m L oI6 oIN J l M V Ln U O ~fz s N O i J U _0 N L E LL w 0 v 0 V U w W ~ O O W h CC 7 3 U O O S S Y Y E 0 0 ~ d d o <ICL W 11 h N w ~o J NIM p Z A d F 8 y~ o- Q AIM m N N NI~ N~l~ rnl~ ce °~o+ N OI oh 00 "IN s 'J co en -IS Suildi)l o~a o~N LU NIN. 1 yl~ M S Co Lr) _U N i r CU1 s fu LL v m 0 C L O U U O O N C 7 3 3 U O O ~ = S Y Y E O O w m - CL d o < ~ U Q Q d w w w ~I~ N N O Z Counter Measures Site Code : 00000008 PAGE: 1 N-S Street: EIPLING FILE: KIPL38TH E-N Street: 38TH Movements - by: Vehicles - - - DATE: 12/30/03 Time Fr om North From East From South - - From Nest Vehicle Begin RT THRO IT RT THRO IT RT THRO IT RT THRO LT Total 6:30 4 185 36 12 12 10 11 167 4 11 19 25 496 6:45 8 216 40 10 11 11 12 173 6 16 28 16 547 HR TOTAL 12 401 76 22 23 21 23 340 10 27 47 41 1043 7:00 AM 16 220 27 12 14 12 15 166 7 12 24 22 547 - 7:15 13 226 37 24 12 15 20 181 8 15 36 41 628 7:30 22 286 41 32 26 15 25 220 5 18 28 38 756 7:45 18 296 57 44 30 17 26 198 12 21 31 34 784 HR TOTAL 69 1028 162 112 82 59 86 765 32 66 119 135 2715 8:00 AM 28 211 59 36 13 16 21 176 9 18 32 27 646 8:15 19 220 54 35 18 19 17 178 5 15 36 39 655 Break 4:00 PM 53 265 30 49 52 38 28 311 11 13 50 50 950 4:15 43 284 26 51 61 29 28 325 26 23 49 60 1005 4:30 44 283 25 55 48 30 37 358 10 34 45 38 1007 4:45 45 283 23 50 53 30 29 367 30 20 60 33 1023 HR TOTAL 185 1115 104 205 214 127 122 1361 77 90 204 181 3985 5:00 PM 41 316 30 61 59 36 43 362 13 18 46 51 1076 5:15 39 280 24 64 61 27 31 334 22 20 46 45 993 5:30 32 248 38 42 51 41 25 290 26 19 52 43 907 5:45 43 218 31 49 35 29 29 254 22 19 38 50 817 HR TOTAL 155 1062 123 216 206 133 128 1240 83 76 182 189 3793 DAY TOTAL 468 4037 578 626 556 375 397 4060 216 292 620 612 12837 Site Code : 00000008 N-S Street: KIPLING E-W Street`. 38TH Counter Measures Movements by: Vehicles PEAK PERIOD ANALYSIS FOR THE PERIOD: 6:30 AM - 8:30 AM DIRECTION START PEAK MR VOLUMES FROM PEAK HOUR FACTOR Right - Thru Left Total North 7:30 AM 0.88 87 1013 211 1311 East 7:30 AM 0.83 147 87 67 301 South 7:15 AM 0.90 92 775 34 901 West 7:15 AM 0.92 72 127 140 339 Entire Intersection North 7:30 AM 0.88 87 1013 211 1311 East 0.83 147 87 67 301 South 0.89 89 772 31 892 West 0.94 72 127 138 337 38TH 87 1013 211 L 1311 1 PERCENTS Right Thru Left 7 77 16 49 29 22 10 86 4 21 37 41 7 77 16 49 29 22 10 87 3 21 38 41 F 147 301 87 L N W-f-E S PAGE: 1 FILE: KIPL38TH DATE: 12/30103 67 KIPLING F 8927 31 772 89 KIPLING Site Code : 00000008 N-S Street: KIPLING E-W Street: 38TH Counter Measures Movements by: Vehicles PEAK PERIOD ANALYSIS FOR THE PERIOD: 4:00 PH - 6:00 PM DIRECTION START PEAK HR VOLUMES FROM PEAK HOUR FACTOR Right - Thru Left Total North 4:15 PM 0.93 - 173 1166 104 1443 East 4:45 PH 0.92 217 224 134 575 South 4:30 PM 0.96 140 1421 75 1636 West 4:15 PM 0.90 95 200 182 477 Entire Intersection North 4:15 PM 0.93 173 1165 104 1443 East 0.90 217 221 125 563 South 096 137 1412 79 1628 West 0.90 95 200 182 477 182 200 477 95 PERCENTS Right Thru Left 12 81 7 38 39 23 9 87 5 20 42 38 12 81 7 39 39 22 8 87 5 20 42 38 N W--f -E S PAGE: 1 FILE: KIPL38TH DATE: 1230/03 i i x E j Q ~ f ~ i f HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/19/2004 Lane Configurations y t p It t F I tt F 4t F ltleaf Flow (vphpl) ` 19Q0 '1900 , 1900, 1900 1900 1900; 1900 1900 1900 1900" 19D0, , 1900" Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Ul, Factor 1.OQ 1.00";A, 1;OD 1.00 1.OQ, .1;00 . 1,00 0:95. .0 1.0# _ 0;95 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 FltProfected 0.95 "1.00,,-; 1 p0 0; 95 1.'067 1.`00 !0.95 1,0_ 1 0 95 ".1.00 1.00 Satd. Flow (prot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 Flt Permitted 0.55 ,1.00 " 1 fl0': Q.67 1.00 1.00 0.21 1.00 1.00 1.00 Satd. Flow (perm) 1026 1863 1583 1246 1863 1583 389 3539 1583 281 3539 1583 Valurrje ( _ph) 138 " 127 72 ",67_ 87 147 31 778 89 211:, 1,622 87 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 6.92 0.92 0.92 0.92 0.92 0.92 0.92 0.42 ~d1 Flow (vphj 150 ".138 78„ .73 95 1fi0 ^ > 34 , 846. 97. 229 - 1111 . " 95 RTOR Reduction (voh) 0 0 61 0 0 131 0 0 28 0 0 48 Turn Type pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm Prpfected "Phases', Permitted Phases 4 4 8 8 2 2 6 6 Actuatei"Green, G (s)" 33.0 .22.1) . 22.0, 25._O%. 18.0 18.Q :41.0 35:0 35.0" ' S9 0 .49.D ".49.0 Effective Green, q (s) 33.0 22.0 22.0 25.0 18.0 18.0 41.0 35.0 35.0 59.0 49.0 49.0 v/c Ratio 0.36 0.34 0.05 0.21 0.28 0.10 0.14 0.68 0.12 0.49 0.64 0.06 UniforrrIpelay,01- 24;6 32.9 308. 29.3 35A 34.2 =18.0 27-8 22.1 13,3 213.4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incrernehtal`Detay, d2 2.4 2.2 ~ 0.3, ' ' " 51.4 2.11 0.7 1.2 :31 075 - 3.7 X 1.8 6.1, Delay (s) 27.0 35.1 31. 0 30 37.5 35.0 19.2 30.8 22.6 17.0 20.8 13.5 Levefof-Service, C B1 „ C C D C B ~C C 'B , ;,'c: 13 Approach belay (s) 30.9 34.8 29.6 19.7 Approach LOS C "C C B, Volume to Capacity ratio 0.59 58.8% ICU Level of Service B 15 c Critical Lane Group Freimuth Medical Office 1/13/2004 2005 AM Background Synchro 6 Report LSC, Inc. Page 1 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street # 1/19/2004 Satd. Flow (perm) 1015 1863 1583 1245 1863 1583 389 3539 1583 281 3539 1583 volume (uph} 138 128 -2 67 ` 90 147. . 32 778 89. 211 1022 90 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ady: Elow (vph) 151 - .339 73 98 160 , 35' -846 9T - 229 1111 98 RTOR Reduction (voh) 0 0 61 0 0 131 0 0 28 0 0 50 Turn Type pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm Protected Phases' 7 „ 4: 3 8 5 2 1 Permitted Phases 4 4 8 8 2 2 6 6 Actuated Green, :G (s) . 33.0 22.0 22.0 . 25.0 18:0 18.0 41.0 35.0 35.0; . b9.0 49.0 49:0 Effective Green, g (s) 33.0 22.0 22.0 25.0 18.0 18.0 41.0 35.6 35.0 59.0 49.0 49.0 Actuate„o gfC (patio. , ' ' 0:33 0.22 ,0.22 025 , 0, ' 0.18 ; 0.41 035 0 ,35;5 ` 0.59 p.49 0.49 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.6 Lane Grp C'ap(uph) 41$ 410.; 348 348 335 285 242 1239, .554; 464 1734 776 v/s Ratio Prot c0.04 0.07 0.01 6.05 0.01 0.24 c0.10 c0.31 vfs Ratio Perm 0:08 0.05 9.04 00 ` 0.05 0.06 0.19 0.06 v/c Ratio 0.36 0.34 0.05 0.21 0.29 0.10 0.14 0.68 0.12 0.49 0.64 0.06 Uniforrni Delay, dl 24:7 ' 32.91 , 30.8 29.3 35;5 34.2 18.0 27.8 22.1 ? 133 19.0 13:4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 '2A 2.2> 0.3 L4 2.3 0.7 1.3 3.1 0.5: 3.7 1.8 0.2 Delay (s) 27.1 35.1 31.0 30.7 37.7 35.0 19.2 30.8 22.6 17.0 20.8 13.6 Level of Service' C . b' C C D C B C C. B C B Approach Delay (s) 30.9 34.8 29.6 19.7 ?pproach'LOS ' _ C C C B HCM Volume to Capacity ratio 0.59 Actuated Cycle Length (s) 100.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 59.0% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group Freimuth Medical Office 1/13/20042005 AM Total Synchro 6 Report LSC, Inc. Page 1 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 F t Protected' 0.95 1.00'? 1.00 0.95 1.00 1'.00 0.95 1100 , 1.b07;' 0.95 :1.00 ,1.00 Satd. Flow (orot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 HCM Unsignalized Intersection Capacity Analysis 2: 38th Avenue & Site Access 1/19/2004 ~ 4. \l, .r Lane Uilydth{ft)_ Walking Speed (ft/s) Percent Slockege; Vol cSH 1335 1700 468 Volurne~tgCapacity . 0.00 '0-14 0.00 Queue Length (ft) 0 0 0 donti»fDelay(s) ; 0:0 0.0 12.7 Lane LOS B Approach, Delay (s) OA 121 - Approach LOS B Average Delay 0.0 Intersection Capacity Utilization 27.7% ICU Level of Service A Analysis Period (min) 15 Freimuth Medical Office 1/13/2004 2005 AM Total Synchro 6 Report LSC, Inc. Page 2 Vohime (veh/h) 0 337 205 8 0.._ Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 pX, platoon unblocked 1.00 1.00 1.00 vCu, unblocked Vol 230 593 226 VolumrRlgtit ~0 9.- . 0 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/19/2004 __10. '1_ 4 r 110- ti l r Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1 1583 1770 3539 1583 1770 3539 1583 3539 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adt:F,.Ipw(vph) „y , , ..198 217 103 .a36' '24.0 236 8,6 1548. ,149 ;113 . _1278 188 RTOR Reduction (vph) 0 0 81 0 0 112 0 0 24 0 0 92 Lane Group Ftow (vph) '198 ` 217" 22 " ' 136. 240' - 124 : `86 1548 125` `113 1278 =95 Turn Type pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm Prgtected Phases; >7 = 4 < "3 `S 5 2 1 - 6 : " Permitted Phases 4 4 8 8 2 2 6 6 30.0 21.0 21.0 Time (s) 4.0 4.0 4.0 1 v/s Ratio Prot c0.07 0.12 0.03 0.13 0.02 c0.44 c0.04 0.36 A Ratio Perm.'_ cO.16 '0.07 0.09 0.15 = 0.21 0.09 0.32 0.12 v/c Ratio 0.74 0.55 0.07 0.50 0.72 0.44 0.41 0.86 0.16 0.62 0.71 0.12 Uniform Delay, d1 28.4 35.3 31:6 " 31:5 38.6 36.5 13,8 21.3 . 13.01 18.4 - 18.8 12.8 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremegtaf Delay, d2 17:1 5.6 ` 04 : 12.E 4.8 .0 5.5 0.4 15.2 2.4 0'3 Delay (s) 45.6 40.9 32.0 38.0 51.0 41.3 19.6 26.9 13.4 33.6 21.2 13.1 Level of Service D D - ' C D D D B C B! C "s C B Approach Delay (s) 40.9 44.4 25.4 21.1 Approach LOS D - ' D C - C WNW ,,a~~ x- ; p*u~ ',rf, u 7 . S r r ' - a a s 7w S%atgl ~ oIlw~tY , HCM /lve'rage Control;Detay' 28.3 HCM Level of Servic A C HCM Volume to Capacity ratio 0.83 ' Actuated Cycle Length (s) ` 100.0 Sum of lost time;(s) 16.0 Intersection Capacity Utilization 80.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group Freimuth Medical Office 1/13/2004 2005 PM Background Synchro 6 Report LSC, Inc. Page 1 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/19/2004 ■ Satd. 1 PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0 0 0 112 0 0 24 0 0 93 Turn Perm Perm Perm Perm Permitted Phases 4 4 8 8 2 2 6 6 Actuated Green (s) , 3t2.0 , 21-.0: 21,0 ' ,24,0 18.0 STo,. '5j.0 51.0; 57.0. 51.0 51:0 Effective Green, g (s) 30.0 21.0 21.0 24.0 18.0 18.0 57.0 51.0 51.0 57.0 51.0 51.0 Actu2fed g/,C, Rat o : - , °0 30 , . 0.21 I 0.21 D.24 0.18; 0 9 8 0.57 0:51, 0:51 - 0.57 <0.51 0:51 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 v/s Ratio Prot c0.07 0.12 0.03 0.13 0.02 c0.44 c0.04 0.36 v/s.Rato;Perin c0,15-: 0.07 0:09 0.15 0.21 - = 0.09 0.32 0.12 v/c Ratio 0.77 0.57 0.07 0.51 0.72 0.44 0.41 0.86 0.16 0.62 0.71 0.12 Uniform Delay, tl1= 285 35.4 31.6 31,6 38.6 36.5 ' 13.8 21,3 13.02 18,4 . fi8.8 :,12.8 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 18`.9 °0.4 6.9 12.7 4.8 5.9 5:5 0.4 ( 15.2 ',,2.4, 0.3 Delay (s) 47.4 41.3 32.0 38.4 51.3 41.3 19.7 26.9 13.4 33.6 21.2 13.1 Level of Service ; ? D- . 'D ; C D D; D B C 'B~ C - C Approach Delay (s) 41.8 44.6 25.4 21.1 Approach Igoe" D 0 r C C Volume to Capacity ratio c Critical Lane Group 100.0 Sum of lost time (s) 16.0 80.5% ICU Level of Service D 15 Freimuth Medical Office 1/13/2004 2005 PM Total Synchro 6 Report LSC, Inc. Page 1 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 FIt ProEected,;, 0.95 1.00 1.00, Q.95 1.00 .1:00 _i 0 95 , -1;40, ..1.00 0:95 , 1.00 .1.00 Satd. Flow (Drot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 HCM Unsignalized Intersection Capacity Analysis 2: 38th Avenue & Site Access 1/19/2004 Lane Grade 0% 0% 0% Volume (veh/h}' 0 477, , 4,73 4 10 1 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Nour4y flow rate,,(vph) - Q 518 514 4 . 11= 1 and Width (ft} Right turn flare (veh) Mediar~ty~e Median storage veh) Upstream sW My ' pX, platoon unblocked 0.89 vC corfltcttng„volame,; 518 vC1, stage 1 conf vol vC2, "stage.2 confwol vCu, unblocked vol 457 tC, single (s), ' 41 tC, 2 stage (s) tF (s} 2!2' P0 queue free % 100 1039 455 Volume Rig...t: cSH 979 1700 239 Volumeto,Capac(ty : 0:00 030 ` 0.65, Queue Length (ft) 0 0 4 Control Delay (s) 60, 0.0 ` 20.9 , Lane LOS C Approach,beiay (s), . 0.0 . 0.0 20.9 App roac h LOS C ~ t Average Delay 0.2 Intersection Capacity Uti lization 35.1% ICU Level of Service A? ' Analysis Period (min) 15 Freimuth Medical Office 1/13/2004 2005 PM Total LSC, Inc. Synchro 6 Report Page 2 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/1912004 Lane Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane UGL Factor 1" 1:00 1 1.00 00 1,00 ;1.00 1:00 0.95' 00,' 1. 1100 0.95 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 1 0.85 1.00 1.00 0.85 Flt Protected, 0.95 1.OQ 1 00 ` 0 95 `,1A0 , 1 00 0.95 i:QO 1.00 .0.95 1.00 1.00 Satd. Flow (prot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 FIt'Permitted .1.06 ` 1.00 0.49 1.00 '1.00 023 1 00 .1.00 ' 0.12 1.00 1.00 Satd. Flow (perm) 1075 1863 1583 913 1863 1583 424 3539 1583 233 3539 1583 Volume (vph} " , ' ; . 138 , 200 ' 72 = 67 ,$7, 147 r 31 807 - 89 _2111- 1;-125 87 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 i5Q , 217:, 78 73 '9,5'.' 160 34" 932. .97 . 24 -1223. 95 RTOR Reduction (voh) 0 0 62 0 0 131 0 0 26 0 0 47 Turn Type - pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm ProteetedPhases,; .7 - ,4'-_ 3." 5 2 6 Permitted Phases 4 4 8 8 2 2 6 6 actuated Green G (s) 31x0 , 21.t) ; 21 0,. 25"0 18.0" 18.0 _ ' _7 `37,0 , "37!0 :3T0 .51.0 51.0 51.0 Effective Green, p (s) 31.0 21.0 21.0 25.0 5.0 18.0 18.0 1 8 0 37.0 37.0 37.0 51.0 51.0 51.0 v/c Ratio 0.37 0.55 0.05 0.25 0.28 0.10 0.15 0.71 0.12 0.56 0.68 0.06 llnrfprrij DI'll y,dl 26:1 35.3 i 31.5 ' 20.4 35.4 34.2 =-21:$ 26:9 20.8: 17.5 18.3 12:4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Inc er6't4( Delay d2 2-6 5.6 ,0.3 " '2 1, 0.7 1.4 1.3 0.4 5.4 2.1 o.1 Delay (s) 28.7 40.9 31.8 31.5 37.5 35.0 23.2 30.3 21.2 22.9 20.4 12.5 t-evel of Service . C, D ' C C D. C C C. ` C s C C B Approach Delay (s) 35.2 34.9 29.2 20.3 Approach LOS C' C ? C ) C Average Cogt'rdl Delay, 26.5," ' . HCM Levet of"Se[v_ ice C HCM Volume to Capacity ratio 0.66 Actdatei Cycle Length (s) , ~ 100.01 Sum -of lost time (s) 16.0 Intersection Capacity Utilization 63.0% ICU Level of Service B Analysis Period (min) '15 c Critical Lane Grouo Freimuth Medical Office 1/13/2004 2025 AM Background Synchro 6 Report LSC, Inc. Page 1 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/1912004 r 4,- h t 1 d Lane Configurations t if t r tt r tt r fdeal Flow (vphpl' 1900 191)0 1900, 1900' 19110 1900 1900 1900 1900;, 1900 ;_4900 .1900 Total Lost time (s) 4.0 4.0 4'6 . 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 RTOR Reduction (vph) Lane,Group Flow (vph)_ 0 10 : -(SC .218 62 0 0 131 29 0 35 0 26 0 229 , 0 48 1223 50 - Turn Type pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm Protected:Phases 7, 4 3' 8 5 2 1 ' 6 Permitted Phases 4 4 8 8 2 2 6 6 Actuated Green;; G (s ,:31.0 21,0 , 21.0 ' `25 0 .18.0 -18.0 : 37 0 37 D 4 7", 37.0: 51 A- 51 011 59:0 Effective Green, g (s) 31.0 21.0 21.0 25.0 18.0 18.0 37.0 37.0 37.0 51.0 51.0 51.0 ActuteiJ g/C:Ratio 6.31 021 , 0 21 .0 25, .0;1`8 .0.18 I 0 37 0:37 0.3T, 0.51 0 51 , 0.5T Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 v/s Ratio Prot c0.04 c0.12 0.02 0.05 0,01 c0.26 0.11 c0.35 vis Ratio Perm 0.98' Q.05. 0 05 , , 0.10 9.65 01. 6; 0.18 0.06 v/c Ratio 0.38 0.56 0.05 0.25 0.29 0.10 0.16 0.71 0.12 0.56 0.68 0.06 Uniform Delay, d1 . 26:4 35.3' , -31.5 , 29.4 355 34,2 21.8 26.9. 20,8; 17.5. 18,3 12:4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 IncremeritalDelay d2, 27 5.6 ; b.3-,,, 2"1 " '22 at 1.5 3.3" .0.4' 5.4 ',?2.1„ bI Delay (s) 28.8 41.0 31.8 31.5 37.7 35.0 23.3 30.3 21.2 22.9 20.4 12.5 Level of Service C D° ' C G, q b C C " C C C B_ Approach Delay (s) 35.3 35.0 29.2 20.3 Freimuth Medical Office 1/13/2004 2025 AM Total Synchro 6 Report LSC, Inc. Page 1 Intersection Capacity Utilization 63.0% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group HCM Unsignalized Intersection Capacity Analysis 2: 38th Avenue & Site Access 1/1912004 nt Blockage , turn flare (veh) Volume Left 0 0 2 Volme; Right„ u 0 9' cSH 1332 1700 466 Volume'to,qapacty 0.00 . 0.14= 0.00 Queue Length (ft) 0 0 0 Control 'Delay (s) 0(.0 12.8 Lane LOS B Approach,Delay-(S) 0.0 0.0- 12.8 _ Approach LOS B Freimuth Medical Office 1/13/2004 2025 AM Total Synchro 6 Report LSC, Inc. Page 2 Lane Wdtti (ft), - p0 queue free % 100 100 100 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Kipiling Street 1/19/2004 Lane Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane U_f_iL Fact 1.00 1100; 1.00 1:00 1,00 Am 1.00 0;95 ,1.00 1, ;DO 0.95 , 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1AO 1.00 6.85 FltProtected 0.95 1007, 1.00 0195 1.00 1.00 0.95 .1:00. 1.00 0A51: 1 1.00 Satd. Flow (prot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 FItPerrt ittetl 0.22 1,00 10Q 055 1.00 100 '0.09 .100 ` ;190: 0.08 3.00 ,1.00 Satd. Flow (perm) 402 1863 1583 1027 1863 1583 161 3539 1583 141 3539 1583 volyme((vph) ; .182' ",200 95 ,125 221 217 - 79 1568 137 104 ' 1 95 , . 173 Peak-hour fact or, P H F 0.92 0.92 0.92 6.92 6.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ada: Fto (vph), 198 ' 217_ ` ;103 ` 136 240' .236 ? 86 1 Z04 ; ' 149 ;113. 1408' 188 RTOR Reduction (voh) 0 0 81 0 0 95 0 0 22 0 0 88 Turn Perm Perm pm+pt Perm 6 30.0 21.0 21.0 21.0 16.0 16.0 58.0 53.0 53.0 58.0 4:0 4.0 4 v/s Ratio Prot c0.08 0.12 0.03 0.13 0.02 c0.48 c0.03 0.40 v/s RatiQPerme , ! - 0A5 0.07 'Or09 0.15 026 0A9 - 037 0.12 v/c Ratio 0.77 0.55 0.07 0.54 0.81 0.56 0.49 0.91 0.15 0.69 0.75 0.12 Ur*6rm!Delay41 2$ 6. 353 31.6 34.3 40.5 387. 14.8 21.3 12.0 ` 202 18.3 11.8 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 190 1.00 1.00 1.00 1.00 1.00 Incre!ne ' belay, d2 'M7 5,6 0.4 8.0 20.3 8.6 9.7 8:0 0.4' 21.6 2.8. 0.3 Delay (s) 48.3 40.9 32.0 42.3 60.8 47.3 24.5 29.3 12.4 41.8 21.2 12.1 Level,ofService - D D' C D E D C B D C B Approach Delay (s) 42.0 51.5 27.8 21.5 App'roaeh iOS D D C C '~P" £ i d ~ ~ 1( ~ ~ t 4 ✓ ~ ('Y ~ ' T, 1 Yf.]iG.SE.SA FH_d' l,{ e~ .n.v., 3 . Y, , i. n .u S ...R... _ g ✓ _ HCM:Ave~age'Control,Deiay'; 30.1 HCM Level of Service C HCM Volume to Capacity ratio 0.89 Actuated Gycle Length (s) 100,0 Sum of lost time(s) 16.0 Intersection Capacity Utilization 84.2% ICU Level of Service E Analysis Period (min) 15 c Critical Lane Group Freimuth Medical Office 1/13/2004 2025 PM Background Synchro 6 Report LSC, Inc. Page 1 HCM Signalized Intersection Capacity Analysis 1: 38th Avenue & Ki piling Street 1/19/2004 Lane Configurations t r t r tt if Neat Ftow (vphp!)'; 1900 • 19Q0 1904 , '1900. 1900 190Q ' 1900 - -1900 .1900 1900 1190p 1,990 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 LanB.Uflt Factor ; 1.00 - 1.00 ' 1_00, 1:00' 1.00 1.00 .:1.00. 0.95 1.00, 1.00 _0.95 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 FIt Pro#ected j, D,95 1.00 1 00 ; ..0 95 1 00, 1,Q0 :0.95 .1;00 -1.OQ' 0:95 1.00 .1.00 Satd. Flow (prot) 1770 1863 1583 1770 1863 1583 1770 3539 1583 1770 3539 1583 FltPerrnitted _ 0.21 1:00 ; -1,00 . 654 1.00 1.OD 9 1:00, 1.00 0.08 1 00 1.00 Satd. Flow (perm) 394 1863 1583 1002 1863 1583 161 3539 1583 141 3539 1583 volume:{vph) 186 '"204 ' 97 125 223 217 $0; .1568 137 • '104 ,1295 175 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 4c#} Flow{vph) 202 222 : 105 136 _ Z42 -2'36, 87 1704 149 ' 113 , 1408. 190 RTOR Reduction (vph) 0 0 83 0 0 95 0 0 22 0 0 89 Lane Group Flow-()iphj 202 222 22 ' "'136 242 14'1 87. 170'4 " .127 113 ' 1408 101 Turn Type pm+pt Perm pm+pt Perm pm+pt Perm pm+pt Perm Protected Phases;. 7 4 ' 2 Permitted Phases 4 4 8 8 2 2 6 6 ActUatedGreen G{s) ;301D ',21A 210 ;210 16.0, ,16;0 158:0- 53:0 53.0' 580. .53A =53:0 Effective Green, g (s) 30.0 21.0 21.0 21.0 16.0 16.0 58.0 53.0 53.0 58.0 53.0 53.0 Actuated g!C Ratio 0:36 0.21 ^ _ 0:21 0 21 0,16 0.16 ;0.58 b.53 " ` 0.53 % D:58 ` 0 53` , .0.53 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane.G 0 ,Cap (vph) 256 " 391 " 332`.; 24 298, _ 253, 174 , 11 _ 839 163 1876", ' 839 v/s Ratio Prot c0.08 0.12 0.03 0.13 0.03 c0.48 c0.03 0.40 v/s Ratio, Perm ; - 0 T6 ' 0-67' ° ,P09,' 0.15 0.26 0709 0.37 0.12 v/c Ratio 0.79 0.57 0.07 0.55 0.81 0.56 0.50 0.91 0.15 0.69 0.75 0.12 Uhi(orrrj De(ay1.0 , 35.4 , 31'.6 '34A 4b 3$.7 . 14.8 21`.3 ',12.0' 1,2b.',2, 18.3 .11,6 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 inFremehta! Delay; d2 21:5 5.9 0.4 ` . ;t3.4 20.9 , $.6 t, 9.9 80 0.4 - `21.6 2.8 Ora Delay (s) 50.1 41.3 32.6 42.7 61.5 47.3 24.7 29.3 12.4 41.8 21.2 12.1 Level of Service D, D C D. E D C B D C B Approach Delay (s) 42.8 51.9 27.8 21.5 Approach LOS;: " _ ` , D D C C Freimuth Medical Office 1/13/2004 2025 PM Total Synchro 6 Report LSC, Inc. Page 1 Intersection Capacity Utilization 84.5% ICU Level of Service E Analysis Period (min) 15 c Critical Lane Group HCM Unsignalized Intersection Capacity Analysis 2: 38th Avenue & Site Access 1/19/2004 Median unblocked 0.88 0.88 vC1 Lane LOS C ApproaGiyRelay (s} O A,. 0A 20.5 Approach LOS C +~.sqs.,^~ m.+ : > N~ ~ € F < stt~ ,fi y 4 sr YY^.+. ^v r r r vt.=. ' ' ,I' 4 d i ~ 5 y@C mM L P ~ ' ~ ~ r [I i ~L [})C, )N TT~ .e7 _ > P , i Y 9,r Average Delay 0.2 intersection Capacity Utilization 35.1% ICU Level of Service A Analysis Period (min) 15 Freimuth Medical Office 1/13/2004 2025 PM Total Synchro 6 Report LSC, Inc. 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O S+ U 1 >1 a) N as Q }4 73 ri -ri C N ID4 ro ro r-i x > 3 m a) r0 4J a% r~ O - tr ri C ro U O U) C O Q W 0 U) >1 0 o w ro 4 v •r+ a W N ro O h 0 O o N x U W O ro W (V V C 4J W O O E E4 U E O U ri s P4 >v S4 N 4J O z U W ~Yoy~I NJ I N 4J 06 v n O ~4 ~ m O L W N ~ in' pi •C- ri `O o ro a) v -ri ri 3 44 O W 44 X N O U a ro O F a -.a C N CU ro ro i x 3 00 (1) 'U O A a a O Q ~x w LOT N O w S4 m O h O N U W O a) W O a U a) O ~ E ~ 3 E O x >r s U ri 7 P4 >v ,4 ro -4) O z N V m v a ro x R1 W W a C a a I c+1 I LENA GULCH DRAINAGEWAY / ;FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.100 PROJECT NO. 732-28.2 MARCH 13, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.100 A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: Commencing at the Southwest Corner of the East 1/2 of said Southeast 1/4, o Southeast 1/4; CO thence Northerly along the West line of said East 1/2, 170.0 feet; U1 C.0 thence Easterly parallel to the South line of said Southeast 1/4, 70.0 feet; O thence Northerly along the West property line which is parallel to the West line of said East 1/2, 20.0 feet to the True Point of Beginning; thence Northerly along said West property line, 173.08 feet to a point on - the centerline of Lena Gulch, commonly called Dry Creek; thence Northeasterly along said centerline as follows: on a deflection right of 450-45', 37.74 feet; thence on a deflection right of 330-00', 112.0 feet; thence on a deflection right of 520-20', 72.0 feet; thence on a deflection left. of 570-50', 51.0 feet to the point of intersection of said centerline and the East property line; thence Southerly along said East line, 57.0 feet; thence Southwesterly on a deflection right of 800-30', 73.0 feet; thence on a deflection left of 120-40', 58.0 feet; thence on a deflection right 160-15', 33.0 feet; thence on a deflection left of 370-301, 84.0 feet; thence on a deflection left 170-23'-04", 41.91 feet to the True Point of Beginning, containing 25,318 square feet or 0.581 Acres, more or less. Said acquisition is contained in the property described in Book 499, Page 106 of the Jefferson County Records. WRIGHT-MCLAUGHLIN ENGINEERS 2420 Alcolt Street Denver. Colorado 80211 Pt=e (303) 458-6201 'J . o ro 0 0 0 U z ~ 1 _0 C ui cc m O N 0 c , Y n~0 ~ U U ul 0 IL C+ I- N 3: zw z Of do O a O N_~ d- i 2 10 H O~p Z O F N~ l 0 MWJ LL. 81019530 0 O fz CCI O o N ~C in 0 0 m O M „-b0,~2 oLl I J~ Z? p Z O O N O _O N 9 ~ V 2 O cow `ALL _LL UJ w 0N-> WHEATRIDGE DENTAL 303 431 1324 03/04/04 01:23pm P. 001 Wheat Ridge Dental Group 8850 West 38t` Avenue Wheat Ridge, CO 80033 (303) 431-5830 Fax (303) 431-1324 Facsimile To: Co: Fax 303 - a36---aS-7 From: Mwe ~i yKw7-H COMMENTS: l~clld: ~!2 A V i.5 ~.I O.HN A flAPA* z.. Sato / K waiz('o NaYb "37+1S ItiV- X40. Arrgctl" is 7WE- Ccos,,~5 Dxu.+-rmf' Foet- )0I ?S WES, 36-A ,q v~.r~ oz ow vtn Ci}e-t- /F' a4t&S-"7DA1S WHEATRIDGE DENTAL 303 481 1324 03/04/04 Security Title Guaranty Co. 143 Union Lakewood, CO 80228 303) 986-1301 PHONE: (303) 986-7777 FAX: SELLERS SETTLEMENT. STATEMENT PREPARED FOR: PROPERTY ADDRESS: SELLER. PURCHASER, SETTLEMENT DATE: LEGAL DESCRIPTION: REMAX 100, INC. 10135 WEST 38TH AVENUE WHEAT RIDGE, CO 80033 FRANKLIN D. DENNING, JR SEPTEMBER 1STe 2003h and METES & BOUNDS - K48 - COUNTY OF JEFFERSON TATS OF COLORADO 01:26pm P. 002 CASE NO.: AND LISA M. DENNING Ronald J. F1EP DAO PRORATION: S21 - TWN W085430A03 SEPTEMBER 15, 2003 S - DEBIT CREDIT DESCRIPTION $ 385,000.00 1. SELLING PRICE 349.00 50 7 2. 3 OWNER'S POLICY EXPRESS DELIVERY TO SECURITY TITLE 6742 AT $ 5 . 1,458.27 . 4. . TAXES FOR CURRENT YEAR 257 DAYS ND CONSULTANTS 100.00 500.00 38 5 6 SURVEY TO VIGIL LA BROKER'S COMMISSION @ 10.00% , 1,000.00 . 7. SEPTEMBER RENTBACK SEWER110-1TO10-31 GO 4.16 149,172.2.9 8. 9 FIRST DEED OF TRUST PAYOFF TO WELLS FAR 37,388.00 . 10. CITY OF WHEAT RIDGE 150.00 00 150 11. ESCROW FOR FINAL WATER . 12. LOST STOCK BON - _ g - 228,279.12 385,000.00 $ Sub-Totals - ller $ $ 156,720.88 385,000.00 385,000.00 $ Balance due to se - - - TOTALS APPROVED AND ACCEPTED A Sales or use taxes on personal property not included. SECURITY TITLE GUARANTY CO. assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's certificate of Taxes Due. The conditian of title tothe property is to be determined by reference to the title evidence provided by Seller or by personal ~ s proved of the showntabove and EscrowoHoldertiseherebysauthorizedltoadisburseaas Trustee efunds eas date indicated, seller Seller Broker/Agent Rena 1 nc. U[R Closing Agent S),Wt y Titl ua r anty Co. 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U O a " T R s~ a • a v- r p a* ■ Ol, LuD M a = FR z LC s w.a'a a* W A OC rlw f..lf u MlI .+t 71 ZMIL I p ~~1 04 O w X ra 0 +1 4 2z _ ~ O tai La 0 If C y ~ ra t * 6 D 3 iY MY ON %~c Q f/ Jog -I C A aC 44 w ovzr~ • "a V T. w # Y u CL Z 7 ~ ••N I~r e•-~~ ~ QV lit S M 0 C M p, • ~wL ~4.3LL'Ma k~ a+f 1 1 1 AI Gt ~ W ~u I r C I¢7 X j F { a 0. 4 z Y +~a CRY l~H'~ F Lwb+rL , p 30 3 w s,..C rf~ Y f I I I M !f 4 z t ; 5 o H m g ' ~ m 9 ~ M IC g ~ yy F ~ t~ Y° w ~ 3 a cc ~ M R... ~ -Yj s lV re ~ nn a a s r- .a a ~ lu bW 0 ~ ~ s5 s c ~ J n LLi LL 4 a _ ~ n S~3 y O 0 J R a a C on P6 y o, m y U m~ a ~x a S Vl W ❑ 1 Cr ~i a 1 a Lk 3 y ~y c ~ ] F' . a w fG w O t Ci M E G. 0. a 4 Lam? E 6 z W aw d r a v~ a a ;p 4 F q~em P3 F 4 m G3 d~ a a ~ 0 ~ a 4 V l ~ U x w a • S a_ k Po 0 N P k i ~ m 4 w b x~ K c in R ~w •3 3 e° x e ev . 2w v w ~w b ae ~ kO ° ~a m WHEAT RIDGE DENTAL GROUP SUBDIVISION DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S89°12'43"W, 350.27 FEET; THENCE LEAVING SAID SOUTH LINE N00006'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 38T" AVENUE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°12'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F1276352; THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES: 1) THENCE N00°08'23"W, 140.00 FEET; 2) THENCE S89°12'43"W, 75.00 FEET; 3) THENCE N00°08'23"W 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775; THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: 1) THENCE N45°36'37"E, 37.74 FEET; 2) THENCE N78°36'37"E, 112.00 FEET; 3) THENCE S49°03'23"E, 72.00 FEET; 4) THENCE N73°06'37"E, 51.47 FEET; THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. F0913894 S00°06'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1.730 ACRES), MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEARING N00°04'58"W BETWEEN A FOUND 3-1/4" BRASS CAP IN RANGE BOX LS #13212 AT THE SOUTHEAST CORNER OF SECTION 21 AND A FOUND 2-1/2" BRASS CAP IN RANGE BOX LS #27278 AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21. PREPARED BY WAYNE W. HARRIS, P.E., P.L.S. FOR AND ON BEHALF OF MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 JANUARY 19, 2004 co 4J U ~4 U U N H 5 L Ln W N C4 O z U ~ O U z ~J Ln m H O N H r„ ~ r H z O O M r I H M <r cn W H x O O O O O O O O o i I 110 H U W P: 0 U S-! M O O M v O O r r N Z O O N O O m r 0 0 a' N Cn Ra H W O H U Ln ~o O Ln r N m r M N r-1 N r Ln Ln v Ln o W Ga x E~ E~ Qa H M o O Ln N . a Csa ~ O N (n O a U U) W T G 3 M 3 M 3 M 3 M W r W r W M W r W .-1 H Qo ~ W z Q z rl v' N N N Q' N N m M Qo M ~.o N m M ~o a' Qo II II r W U U H N W c-1 I O I H I O I M I M I 0 I 0 I 0 I rx M Ln oi U H Q G..] cn F-i > H Q p? n O z m 07 n + 0 0 o O z N 0 0 m N- n M 0 0 O O z V 0 0 n z n 0 0 x r z o 0 0 m l' n r 0 0 m r z w 0 0 O 0 n f 0 0 W a n O r7 U W E- H a W a r-- II < W cz < Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : Ci ty/State, Zip: Case Disposition: Project Planner: File Lo cation: Notes: Follow- Up: Z0401 Quarter Section Map N Dr. Michael Freimuth~ Related Cases: c/o John Garner Case Histor y: ame - r #201 234 Columbine St. d B , o y: Review Denver, CO 80206. 303-321-5664 APN: 3850 W. 38th Ave. 2nd Revie w Body: heat Ridge, CO 80033 2nd Review Date 303-431-5830 Decision-making Body 10135 Appro val/Denial Date: est 38th Avenue heat Ridge, CO 80033 Re so/Ordinance No.: Crane ctive o.: E21 MS 0402 Rezone from R-1 to PCD ith outline & final Id plan & plat . PC 39-214-00-030 CC Conditions of Approval: District: II(_ Date Rec eived: 112312004.. Pre-App Date: 51 2003. 7500 West 29`s Avenue City of Wheat Ridge, Colorado 80215 wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: 25 November 2003 City Staff Present: Travis Crane Location of Meeting: Municipal Building, 2°d floor conference room Property Address: 10135 W. 38`h Ave. Property Owner: John & Mike Freimuth Applicant: Same Property Owner Present? No Existing Zoning: R-1 Comp Plan Designation: VC - Village Center Existing use/site conditions: Residential Applicant proposal: Would like to apply for a rezoning (including an outline development plan and final development plan). The applicants wish to construct a dental office. Issues discussed: There were several attendees and two applicants at this meeting. There were some questions regarding hours of operation and number of employees. There were some comments about the proposed landscaping and if any streetscape improvements were planned. There were several concerns about existing volume of traffic on 38m Avenue. There were a few questions regarding the gulch to the north, and that it is currently a hazard for small children who like to walk along the gulch. There were questions regarding the entire corner, and if there was a master plan for the area. One concern was raised regarding site lighting, and that any lighting proposed should be non-intrusive. r z Cf) 0-3 W-i 07, 4^' f I t JV. Fh 0 z~ r i C 0 w w t 11/07/2063 12:46 303-321-5651 PAGE 02 J O H N G A R N E R Architect Interior Design 234 Columbine Street Suite 20l Denver, Colorado CITY OF WHEAT RIDGE 80206 NOTICE OF NEIGHBORHOOD INPUT MEETING p~c- 303 3215664 a Mh r , C~ C, 6 1 ue w. Far 3215651 Drs. Ron and Mike Freimuth are proposing build anew sin a story -F~ dental clinic located at 10135 W. 38s' Ave. The date and time of the meeting is Tuesday November 2511, at 6:30 P.M. The location of the meeting is at City Hall 7500 West 29`x' Ave. The purpose for the proposal is to rezone the existing property from R-1 to Planned Commercial Development which would allow for the proposed one story 5,000s.£. dental clinic building. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property, and fop Speei~d Use PerA*&.an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. if you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: • Is the proposal compatible with the surrounding land uses and zoning? Are there adequate utilities and services in place or proposed to serve the project? 11/07/2003 12:46 303-321-5651 _ PAGE 03 J O H N G A R N E R Architect Interior Design 234 Columbine Street Suite 201 Denver, Colorado a What is the impact on our streets? 80206 • How will this proposal affect my property? 303 327 5664 • where will the storm drainage go? • How will the project be designed to enhance rather than detract F=,?21 5651 from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? QvnN+. bav - lf you have any questions, please call the?1wi ing Department at (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge G'N> -Planning Department 7500 West 29th Avenue Wheat Midge, Colorado 80215 J O H N G A R N E Architect Interior Design 234 Columbine Street Suite 201 Denver, Colorado CITY OF WHEAT RIDGE 80206 NOTICE OF NEIGHBORHOOD INPUT MEETING 303 321 5664 Fax 321 5651 Drs. Ron and Mike Freimuth are proposing to build a new single story dental clinic located at 10135 W. 38`h Ave. The date and time of the meeting is Tuesday November 25`h at 6:30 P.M. The location of the meeting is at City Hall 7500 West 29`h Ave. The purpose for the proposal is to rezone the existing property from R-1 to Planned Commercial Development which would allow for the proposed one story 5,000s.f. dental clinic building. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property, a Minor or Major Subdivision, and for Special Use Permits an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: • Is the proposal compatible with the surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? R J O H N G A R N E R Architect Interior Design 234 Columbine Street Suite 201 Denver, Colorado 80206 30.3 321 5664 Fax 321 5651 • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Department at (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Planning Department 7500 West 29`h Avenue Wheat Ridge, Colorado 80215 Harold Gerstner 3755 Lee St Wheat Ridge, CO 80033 Franklin Denning Jr. & Lisa Denning 10135 W 38th Ave Wheat Ridge, CO 80033 Dale Kerns & Gertrude Kerns 2525 Maroon Bells Ave Colorado Springs, CO 80918 Orville & A W Nelely 2629 S Wadsworth Cir Lakewood, CO 80227 Alfred Dooley Jr. & Peggy Jean Dooley 3710 Lewis St Wheat Ridge, CO 80033 Investment Housing Corporation 1153 Bergen 280528 Pky #M 183 Evergreen, CO 80439 Neil Kimmel 550 E Yale Ave 4200 Denver, CO 80222 Nicole Martin 3675 Kipling St Wheat Ridge, CO 80033 Jefferson County School Dist R 1 1829 Denver West Dr Golden, CO 80401 Zanon Enterprises Inc 10304 W 81st Ave Arvada, CO 80005 Russell Baker & Anne Baker Rita Mclaughlin 9275 W 20th Ave 3730 Lewis St Lakewood, CO 80215 Wheat Ridge, CO 80033 Richard Matiscik & Denise Matiscik G Raymond Personal Rep Goodwin 6248 Holman Ct 7472 S Shaffer Ln #100 Arvada, CO 80004 Littleton, CO 80127 Bear Claw Investments Ltd Liability Co Autozone Inc 3695 Kipling St PO Box 2198 Wheat Ridge, CO 80033 Memphis, TN 38101 Franklin Denning Jr. Tpr Acquisition Group Llc 10135 W 38th Ave PO Box 9867 Wheat Ridge, CO 80033 Colorado Springs, CO 80932 Gaybil-jerfre Ltd Elaine Gendron 3705 Kipling St #100 10005 W 34th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Charles & Cathy Finnell Larry Chavez & Judith Chavez 3715 Lewis St 12970 W Auburn Ave Wheat Ridge, CO 80033 Lakewood, CO 80228 Peerless Tyre Co Peter Jacob Investments Llc 5000 Kingston St 3777 Kipling St Denver, CO 80239 Wheat Ridge, CO 80033 Patricia Louders Lakehurst Water & Sanitation District 3685 Kipling St PO Box 26233 Wheat Ridge, CO 80033 Lakewood, CO 80226 Kay Zueck & Clare Karen Zueck City Of Wheat Ridge 10400 W 35th PI 7500 W 29th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Equilon Enterprises Llc Scot Hooper PO Box 4369 3812 Lee Cir Houston, TX 77210 Wheat Ridge, CO 80033 B Lawrence Wallace Ron Crilly & Rose Crilly Charles Gangloff & Judith Gangloff 3932 Lee Cir 3956 Lee Cir 3964 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Lange Schultz.& Nancy Schultz Atdl Ltd Up Daniel Dearing 3972 Lee Cir 13395 Braun Rd PO Box 17240 Wheat Ridge, CO 80033 Golden, CO 80401 Golden, CO 80402 A T D L Ltd Lip Clifford F S Bebell & Mildred Bebell Mary Hutson 13395 Braun Rd 4022 Lee Cir 3989 Lee Cir Golden, CO 80401 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 John Pt Harper Charles & Helen Bbolton Lois Myers 3969 Lee Cir 3959 Lee Cir 3949 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Virginia Henckel Helmut Sparer Arrowhead Wheatridge Llc 3939 Lee Cir 4026 Lee Cir 7001 Rozena Dr Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Longmont, CO 80503 Gary & Sharon Schneekloth Spelman Allen R & K H Pt Jerry Nemitz . 14479 W 32nd Ave 4035 Lee Cir 4025 Lee Cir Golden, CO 80401 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Gale Schmidt & Judith Schmidt Donavan & Doris Dedecker Sara Kern 4015 Lee Cir 4005 Lee Cir 3999 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Barbara Dellinger Leland Marianne W Alta Mae Cavanaugh 3940 Miller St 3950 Miller St 3960 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Claude Allen Pareja Robert Falagrady M Dwight Griggs & Jeanne Griggs .4070 W 72nd Ave 3980 Miller St 3990 Miller St Westminster, CO 80030 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Alicia Meerdink Jeanette Pastore Shirley Jones 4000 Miller St 3985 Miller St 3977 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Robert Addyman & Gloria Jean Addyman Kathryn Mueller & Goss David Co Trus Carol Hampf 3822 Lee Cir 16106 E Nassau Dr 1000 Spring Dr Wheat Ridge, CO 80033 Aurora, CO 80013 Boulder, CO 80303 V iron Kliewer & Lorraine Kliewer Henry & Debra Dandrea Berg Marilyn J 3862 Lee Cir 3872 Lee Cir 3882 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Julia Amstutz & Mahlon Amstutz Thomas Newsome & Jayne Newsome C R Buntin & Margaret Buntin 3892 Lee Cir 3902 Lee Cir 3906 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Janice Sparks William & Virginia White Frances Brewer 3916 Lee Cir 3919 Lee Cir 3909 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Jean Miller Ronald Benson & Linda Mcdonald Betty Thomas 3899 Lee Cir 3875 Lee Cir 3849 Lee Cir Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Adams Robert W Leroy Flohr & Lois Flohr Sturm Eileen M 3825 Lee Cir 3819 Lee Cir 3861 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Norman Krupicka & Estyal Krupicka John Lowe & Carol Lowe Florence Radcliffe 3885 Miller St 3895 Miller St 3905 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 E Beeson Ora Pt Eller Wendy Sue Lazier & Diane Lazier 3911 Miller St 3915 Miller St 3921 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Angell & Angell Bypass Marie G Gillmore James & Alyce Simons 3931 Miller St 3935 Miller St 3930 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 t= Marlene Marvel Ruth Schreiber & Larry Schreiber Paula Holmberg 3920 Miller St 3910 Miller St 3900 Miller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Robert Bowlin & Beryl Bowlin Sheila Kastens Shea John G & Sharron C 3965 Miller St 3955 Miller St 3070 Oak St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Lakewood, CO 80215 Cambridge Park Homeowners Assoc Inc Janet Adams Julian Contreraz & Gail Contreraz 835 Delaware St 3942 Lee Cir 3948 Lee Cir Denver, CO 80204 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Rodney B. Hoffman Joan A Winter Frederick & Barbara Bertle 3852 Lee Cir. 3924 Lee Cir. 3982 Lee Cir. Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 h A Beverly Freimuth Broker/owner, Frelmuth & Associates Independent Coiopuniu wonmg roseae` Southwest Plaza 9200 W. Cross Dr., Ste. 110 Littleton, CO 80123 Business: (303) 973-1380 Residence: (720) 283-1150 Mobile: (303) 918-3888 ~ O Pax#(720)283-1138 • J O H N G A R N E R Architect Interior Design 2,34 Columbine Street Suite 201 Denver, Colorado 80206 303 321 5664 Fax 321 5651 4RAID 04 0 Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: 8 May 2003 Attending Applicant(s): John Garner, Ron Freimuth, Mike Freimuth, Bev Freimuth Address/Phone: 234 Columbine Street Suite 201 Denver CO 80206 Attending Staff: Travis Crane, Meredith Reckert, Dave Brossman Address or Specific Site Location: 10135 W. 38th Avenue Existing Zoning: R-1 Existing Comp. Plan: Village Center Applicant/Owner Preliminary Proposal: Would like to construct a 5000-6000 square foot dental clinic. Would be a one-story building, possibly two. Could potentially lease out space to similar tenants. Will a neighborhood meeting need to be held prior to application submittal? Yes Planning comments: Would need to rezone the property to Planned Commercial Development (PCD). This rezoning will require submittal of an Outline Development Plan (ODP) and a Final Development Plan (FDP). The ODP will require a public hearing before Planning Commission and City Council. Planning Commission will make a recommendation to City Council, who will then approve, approve with conditions or deny your ODP. If the ODP is approved, this process will be repeated for the FDP. You do have the option of submitting the development plans concurrently. This will reduce the number of required public hearings, but technical documents must be submitted with the application. The ODP will rezone the property and define the allowable uses for the property, as well as set the development standards such as minimum landscaping, parking, maximum height, maximum building coverage and architectural design standards. The FDP will address the finer details of the development. There is an agreement that exists that obligates the developer of this property to reimburse the City for costs incurred for the development and reconstruction of Kipling Street adjacent to the Recreation Center. This agreement also requires a 15-foot section adjacent to Lena Gulch to be dedicated to the City. This agreement is recorded with Jefferson County. It would be desirable to move the proposed access point to the east to allow a shared access design for any future development for the property to the east. A portion of this property (northern section) is located within the 100-year floodplain limits. Development of this parcel should not have any adverse effect on the floodplain. The proposed building should not encroach into the floodplain limits. Public Works comments: Escrow for public improvements adjacent to West 38th Avenue. There is a possibility that a sidewalk easement may need to be acquired by the City as part of the West 38t' Avenue Streetscape project. A drainage report, final grading plan and erosion control plan will be required at the time of the submittal of the FDP. Additionally, all civil drawings and an NPDES permit will be required at the time of submittal of the building permit. This permit is obtained through the state. It is possible that the City would request an easement on the western edge of this property for future access to the Recreation Center. Building comments: none Streetscape / Architectural Design comments: none Other comments: It would be advisable to contact the water district and sanitation district. This property is located within the Consolidated Mutual Water District (303.238.0451) and within the Westridge Sanitation District (303.424.9467) Should you choose to pursue this proposal, your next step would be to hold a neighborhood meeting. You will need to coordinate with a case planner to set a meeting date and time. The case planner must be in attendance at this meeting, however the applicant will be responsible for explaining the proposal. Approximately one week prior to this meeting, a letter must be sent out to all neighbors within 600 feet of the subject property. You should submit your letter to the case planner for review prior to mailing to the neighborhood meeting notice. The City will generate a neighborhood list, but the applicant will be responsible for distributing these letters. After the meeting has occurred, an application may be filed with the Community Development Department. Once an application has been submitted, a referral period will begin. During this time, outside agencies are given a chance to review the proposal and send comments to the Community Development Department. After the referral period has ended, a list of required corrections will be sent back to the applicant. Please be aware that it may take- . several resubmittals. After all required corrections are made, a Planning Commission date will be set. Fifteen days prior to the Planning Commission public hearing, the applicant will be responsible for posting the property. Planning staff will create the public notice signs, however the applicant must post the signs. The applicant (or his representative) must be present at the public hearing, and should be prepared to address members of the Planning Commission. This process will be repeated for the City Council hearing. PUBLIC WORKS DEPARTMENT City of Wheat Ridge E 1 Department of Public Works May 1, 2003 7500 WEST 29th AVENUE WHEAT RIDGE, CO 80033 Pre-Application Meeting for 10135 W. 38th Avenue Public Works Requirements: 2 Copies of the following shall be submitted for review: 1. A Final Drainage Report & Plan signed and sealed by a Professional Engineer (please see attached requirement sheets). 2. Grading & Erosion Control Plan. 3. Site Plan, which shall include the following a. 24" X 36" sheet format. b. Vicinity Map. c. The boundary of the site described in bearings and distances, and existing and proposed lot lines. d. Legal Description of the site, including ties to the Section. e. Basis of Bearing statement. f. Signed certification from a Professional Land Surveyor licensed in the state of Colorado. g. Scale and north arrow. h. Date of map preparation and name & address of person who prepared map. i. Location of 100-year floodplain, if applicable. j. Existing and proposed contours at 2-ft intervals. k. Adjacent street(s), including Right-of-Way width(s), name(s), ROW centerline(s). 1. Location of all existing & proposed easements and rights-of-way, fences, walls, drainage ways, ditches, buildings to be developed or retained on site. 4. Due to the area of the proposed development being more than 1 acre, an NPDES permit will need to be acquired from the State and included with submittal. 5. Proof of Ownership, e.g., Warranty Deed, Title Commitment, etc. Additional Comments: Possible pedestrian ingress/egress easement for access from 38th Avenue to Rec Center. Possible pedestrian easement along the south side of Lena Gulch. Architect Interior Design 234 Columbine Street Suite 201 Denver, Colorado 80206 303 3215664 Fax 3215651 J O H N April 22, 2003 Meredith Reckert City of Wheatridge Community Development Ref: 10135 W. 38`h Ave. G A R N E R dd I Dr. Ron and Mike Freimuth propose to build a dental clinic as shown on the attached site plan. The building will be one story with approximately 6,000 s.f.. The materials will be complimentary to the rec. center to the north and the residential to the west. Preliminary elevations are also included. Adequate parking will be provided to the south of the building with landscaped islands. Access to the site is located to far west property line so that the entry is as far west of 38`x' and Kipling intersection. The property is currently zoned residential and will have to be rezoned for this commercial application. We look forward to your preliminary comments to our project. i Page 1 of 1 X-Sender: joycem@ci.wheatridge.co.us X-Mailer: QUALCOMM Windows Eudora Version 4.3.2 Date: Mon, 28 Apr 2003 15:54:11 -0600 To: travisc@ci.wheatridge.co.us From: Joyce Manwaring <joycem@ci.wheatridge.co.us> Subject: 10135 W. 38th Avenue Cc: billc@ci.wheatridge.co.us Travis, A few items of information regarding projects the department is working on related to the above address. The Department is in the process of acquiring the property to the west owned by the Neely family. On your site map you can see that part of the Neely property travels into the parcel B on the parcel B west border. The City plans are to create a trail access from 38th Avenue. We do not actually need the entire piece of Neely property to do this project. I am sure Alan has shared with you the agreement the sellers, Dennings have signed regarding providing a trail easement when the property is developed. I would hope the developers have been made aware of this. Thanks Joyce 9U~ -v~" ro,; file://C:\DOCUME-I\cad-14\LOCALS-I\Temp\eud69.htm1 4/28/2003 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1, SUITE 1000 1 1515 ARAPAHOE STREET I DENVER, COLORADO 50202 I TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 GERALD E. DAHL DIRECT DIAL (303) 376-5019 Alan White Director of Planning & Development City of Wheat Ridge 7500 W. 29" Avenue Wheat Ridge, CO 80033 September 26, 2003 Re: Agreement with Lisa and Frank Denning Dear Alan: email: gdahl@gorsuch.com A ~ L • T I enclose a short memorandum to file, to which is attached a copy of the 1999 Agreement entered into between the Dennings and the City. That Agreement requires the Dennings to reimburse the City in the amount of $37,288 for certain road improvements which the City has already made. The mechanism for collecting this amount is as a condition of issuance of a building permit or permits for construction or development of the Denning property. The Agreement runs to successors and assigns, so continues to apply even if the Dennings sell one or both parcels. As you know, we have been negotiating with the Dennings regarding a potential amendment to the Agreement, but that has not yet been approved. Meanwhile, it is important the enclosed memorandum be placed in the file for this property so that, if either one or both parcels come in for a building permit, the City can collect its funds prior to issuance of such a permit. Please advise if this mailing raises questions. Sincerely, GORSUCH KIRGIS LLP GED/wfc Enclosures GED\53027\454591.1 GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: Denning property file FROM: Gerald E. Dahl 44) DATE: September 26, 2003 RE: Reimbursement obligations applicable to 10135 West 38' Avenue (Jefferson County Assessor's PIN # 690321400030 and 3865 Kipling Street, Assessor's PIN # 69032140029) These two referenced parcels are subject to the provisions of an Agreement entered into in 1999 between the then-owners, Lisa and Frank Denning, and the City. A copy of the 1999 Agreement is attached. Paragraph 4 of the Agreement requires that "as a condition of issuance of a building permit or permits for construction or development of the Denning property the then-owner of the Denning property will reimburse the City 25% of the actual costs" of certain road and street improvements constructed by the City in connection development of the recreation center. The amount of the reimbursement, pursuant to Paragraph 4 of the Agreement is $37,288. The purpose of this memorandum is to advise that when, as and if a building permit application is filed for either or both of these two referenced parcels, the entirety of the $37,288 reimbursement obligation must first be. collected as a precondition to the issuance of any such building permit. The 1999 Agreement, by its terms, applies to successors in interest; accordingly, it is an obligation which runs with the land and binds any subsequent owner of either or both of the parcels. If you have questions concerning the application of this obligation, please contact me prior to taking action on any building permit application. GED\53027W54596.1 RECEPTION NO, FIE67239 7/02/2001 17.13357 Ps-,QO1-049 PAGE FEET 45.00 DOC"FEE: 0.40 RECORDED IN JEFFERSON COONTYT, COLORADO AGREEMENT Dr, 14AU ~ rt.Q19 A* THIS AGREEMENT is made and entered into by and between Use M. Denning and Frank D. Denning, hereinafter referred to as "Dennings"; and the City of Wheat Ridge, a Colorado Municipal Corporation, hereinafter referred to as "the City", hereinafter referred / to jointly as the "Parties". " WITNESS ET H: WHEREAS, the Dennings are the owners of two parcels of real property which are generally located at the northwest corner of West 35' Avenue and Kipiing Street; and lying south of Lena Guloh (hereinafter collectively the "Denning Property"), more particularly described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, The City desire& to construct a portion of West 391" Avenue and a new traffic We along the west side of K1pling Street, all of which will be located on two small parcels which form a part of the Denning Property; and WHEREAS, the City wishes to acquire these parcels from the Dennings; and WHEREAS, the City owns a strip of property between the two parcels of real property comprising the Denning Property; and WHEREAS; the Dennings wish to acquire that property from the City; and WHEREAS, the City has caused to be prepared legal descriptions of the parcels of property which k desires to acquire from the Dennings, which descriptions are attached hereto as Exhibits 5 and C: and WHEREAS, the City has caused to be prepared and attached hereto as Exhibit D a legal description of the property which it will convey to the Dennings; and WHEREAS, the Parties desire to set forth their understanding of the total agreement concerning the transfers of the above-described real property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is acknowledged and confessed, the Parties agree as follows: 1 . On or before July 10, 1999, the Dennings shall convey unto the City the real property described on Exhibit S and Fxhibit C. Said conveyance shall be by Warranty Deed. The Dennings will not provide the City with title insurance, provided, however, the City may conduct its own title investigation and shell notify Dennings in writing of any title objections prior to June 1, 1999. Dennings shall have until June 10, 1999, to either M provide evidence satisfactory to the City that said objections have been cleared or (iii refuse to clear such 'objections. The City shall have until June 14, 1999, to either accept the Dennings' response and proceed to closing, or terminate this Agreement. OEM53027\310927.04 2. On or before July 10, 1999, the City shall convey to the Dennings that parcel of property, the legal description of which is set forth on Exhibit D. Said conveyance shall be by Warranty Deed. The City will not provide the Dennings with title insurance, provided, however, the Dennings-may-conducctheir owa-title•inve~ notify Ciry i writing of any title objections prior to June 1, 1999. City shall have until June 10, 1999, to either Of provide evidence satisfactory to the Dennings that said objections have been cleared or (ii) refuse to clear such oifj€c-trdif'S: "The D~nnin sTia11 f-iav'e 1999, to either accept the City's response and proceed to closing, or terminate this Agreement. 3, As consideration for the conveyance of real property described in paragraph 1 above and the development of the right-of-way of West 39" Avenue and the lane along the west side of Kiping Street, the City Shall: A. Convey property to the Dennings as described in Paragraph 2. B. Pay unto the Dennings the sum of $3,000.00 upon receipt of the Warranty Deed described at Paragraph 1. C. Waive the park development fees which would otherwise be payable by the owners or developers of the Denning Property at the time of development of that property. D. At %he time of the construction of West 39" Avenue, provide for the extension of an 8 inch diameter water main into the Denning Property tat the location of Weez 39'" Avenue). The water main shall be extended within the Denning Property boundary a minimum distance of 10'. Tice City shall not be responsible for payment of tap fees. The tap fees for actual usage of the water shall be paid by the actual user of the water at the time of tapping into the Consolidated Mutual Water supply line. 4. The Dennings acknowledge the obligation as a condition of Issuance of a building permit or permits for construction or development of the Denning Property, the then-owner of the Denning Property will reimburse the City 25% of the actual cost of the Improvements which are to be constructed by the City consisting of the new traffic lane along the west side of Kipling Street, and that pan' of 39" Avenue lying south of Lena Gulch and west of Kipiing Street, all to be constructed upon the property described at Exhibits B and C. along with other casts directly related thereto and including the cost of a four-way traffic signal at West 39`" Avenue and Kipling Street. It is estimated that the cost of such improvements On 1999 dollars), is approximately $151,152.00, thus the reimbursement costs will be approximately $37,288.00. 5. At the time of issuance of a building permit or permits for construction or development of the Denning Property, the then-owners of the Denning Property shall dedicate to the City a strip of property 15' in width which shall be located parallel to the Lena Gulch channel for the entire distance of Lena Gulch as it traverses the northern GM\630273f 0927.04 _2. C portion of the Denning Property and which shall be for purposes of constructing a public trail along Lana Gulch. 6. This Agreement shall. not be effective until the execution and recordation of a copy of this Agreemen-Fin %d-record f b s o ¢ e~effiarson Ecaura;y Clerk a~~ / benefits to and burdens upon the Denning Property created and imposed by Paragraphs 3 , 4,.and S. hereof. constitute covenants running with the Denning Property, The DennlW hereby declare that such benefits and burdens shall pass with and benefit and burden each and every tract, lot, and parcel of land within and which is a part of the Denning Property, and shall apply to and be binding upon the heirs, successors in interest and assigns of the Dennings and any owner hereafter of id sa tracts, lots and parcels, and shall run with the land at law and in equity. 7. It is the intention of the Dennings that any and all interests In real property created by this Agreement must vest, if at all, not later than twenty-one 121) years after the death of the last to die of the following group of ersons all of h p , w om are alive as of the date of execution of this Agreement: Frank O. Denning and Use M. Denning. 8, This Agreement shall not be effective unless and until the Wheat Ridge City Council adopts an ordinance, in accordance with Wheat Ridge Charter Section 16.5 approving the conveyance of the property described on Exhibit b. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the d t a es set forth below. a M. Danntq Fran D,ning STATE OF COLORADO l } ss. County of Jefferson J Subscribed and swam to before me this 28th day of _June, 1999, by Lisa M. Denning and Frank D. Denning. WITNESS MY HAND AND OFFICIAL SEAL. expires: 6/24/2002 NOTARY-PUBLIC T tpv6~~G ? pp• ~i4~ Op CGtO~d`~ GM63027\310927.04 -3- The City of Wheat Ridge, a Colorado Municipal Corporation, has authorized the execution of this Agreement by its' duly appointment representative. Approved as to Form! CITY OF WHEAT RIDGE, a Colorado Municipal Corporation *retenrveny, ayor herald E ahl, City Attomey G~ LL to a 4E0153027010927.04 -4- Exhibit "D" A tract of land tying in the SE ,4 of Section 21, township 3 South, Range 69 West of the VI Principal Meridian, County of Jefferson, State of Colorado, described as follows: Commencing at the Southeast comer of the West %2 of the East %2 of the Southeast'/,, of the Southeast % of said section 21; Thence Northerly 30 feet along the East line of the said West %2 to the True Point of Beginning. Said point lying on the North Right of Way line of West 38'h Avenue. Thence Northerly along the East line of, the said West'/2 a distance of 296.4 feet. Thence on a deflection left 99°30', a distance of 20.28 feet. To a point which lies 20 feet west of the East line of the said West %2. Thence Southerly parallel to the said East line of the West '/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38" Avenue. Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38' Avenue to the True Point of Beginning. Said Tract contains 5,894 square feet more or less. ]yryR W(~ t~' r ~>A-V ® RECEPTION NO. 171267239 7/02/2001 17:15;27 PG: 001-009 PAGE FEE: 45.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO AGREEMENT THIS AGREEMENT is made and entered into by and between Lisa M. Denning and Frank D. Denning, hereinafter referred to as "Dennings"; and the City of Wheat Ridge, a Colorado Municipal Corporation, hereinafter referred to as "the City", hereinafter referred to jointly as the "Parties". WITNESSETH: WHEREAS, the Dennings are the owners of two parcels of real property which are generally located at the northwest corner of West 38'" Avenue and Kipling Street; and lying south of Lena Gulch (hereinafter collectively the "Denning Property"), more particularly described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, the City desires to construct a portion of West 39" Avenue and a new traffic lane along the west side of Kipling Street, all of which will be located on two small parcels which form a part of the Denning Property; and WHEREAS, the City wishes to acquire these parcels from the Dennings; and WHEREAS, the City owns a strip of property between the two parcels of real property comprising the Denning Property; and WHEREAS, the Dennings wish to acquire that property from the City; and WHEREAS, the City has caused to be prepared legal descriptions of the parcels of property which it desires to acquire from the Dennings, which descriptions are attached hereto as Exhibits B and C; and WHEREAS, the City has caused to be prepared and attached hereto as Exhibit D a legal description of the property which it will convey to the Dennings; and WHEREAS, the Parties desire to set forth their understanding of the total agreement concerning the transfers of the above-described real property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is acknowledged and confessed, the Parties agree as follows: 1. On or before July 10, 1999, the Dennings shall convey unto the. City the real property described on Exhibit R and Exhibit C. Said conveyance shall be by Warranty Deed. The Dennings will not provide the City with title insurance, provided, however, the City may conduct its own title investigation and shall notify Dennings in writing of any title objections prior to June 1, 1999. Dennings shall have until June 10, 1999, to either (i) provide evidence satisfactory to the City that said objections have been cleared or iii) refuse to clear such objections. The City shall have until June 14, 1999, to either accept the Dennings' response and proceed to closing, or terminate this Agreement. "1 1/ GED1530271310927.04 11 11 2. On or before July 10, 1999, the City shall convey to the Dennings that parcel of property, the legal description of which is set forth on Exhibit D. Said conveyance shall be by Warranty Deed. The City will not provide the Dennings with title insurance, provided, however, the Dennings may conduct their own title investigation and shall notify City in writing of any title objections prior to June 1, 1999. City shall have until June 10, 1999, to either (i) provide evidence satisfactory to the Dennings that said objections have been cleared or (ii) refuse to clear such objections. The Dennings shall have until June 14, 1999, to either accept the City's response, and proceed to closing, or terminate this Agreement. 3. As consideration for the conveyance of real property described in paragraph 1 above and the development of the right-of-way of West 39`" Avenue and the lane along the west side of Kipling Street, the City shall: A. Convey property to the Dennings as described in Paragraph 2. B. Pay unto the Dennings the sum of $3,000.00 upon receipt of the Warranty Deed described at Paragraph 1. C. Waive the park development fees which would otherwise be payable by the owners or developers of the Denning Property at the time of development of that property. D. At the time of the construction of West 39" Avenue, provide for the extension of an 8 inch diameter water main into the Denning Property (at the location of West 39`" Avenue). The water main shall be extended within the Denning Property boundary a minimum distance of 10'. The City shall not be responsible for payment of tap fees. The tap fees for actual usage of the water shall be paid by the actual user of the water at the time of tapping into the Consolidated Mutual Water supply line. 4. The Dennings acknowledge the obligation as a, condition of issuance of a building permit or permits for construction or development of the Denning Property, the then-owner of the Denning Property will reimburse the City 25% of the actual cost of the Improvements which are to be constructed by the City consisting of the new traffic lane along the west side of Kipling Street, and that part of 39" Avenue lying south of Lena Gulch and west of Kipling Street, all to be constructed upon the property described at Exhibits B and C, along with other costs directly related thereto and including the cost of a four-way traffic signal at West 39' Avenue and Kipling Street. It is estimated that the cost of such improvements (in 1999 dollars) is approximately $151,152.00, thus the reimbursement costs will be approximately $37,288.00. 5. At the time of issuance of a building permit or permits for construction or development of the Denning Property, the then-owners of the Denning Property shall dedicate to the City a strip of property 15' in width which shall be located parallel to the Lena Gulch channel for the entire distance of Lena Gulch as it traverses the northern v GED\53027\310927.04 -2- E portion of the Denning Property and which shall be for purposes of constructing a public trail along Lena Gulch. 6. This Agreement shall not be effective until the execution and recordation of a copy of this Agreement in the records of the Jefferson County Clerk and Recorder. The benefits to and burdens upon the Denning Property created and imposed by Paragraphs 3, 4, and 5 hereof constitute covenants running with the Denning Property. The Dennings hereby declare that such benefits and burdens shall pass with and benefit and burden each and every tract, lot, and parcel of land within and which is a part of the Denning Property, and shall apply to and be binding upon the heirs, successors in interest and assigns of the Dennings and any owner hereafter of said tracts, lots and parcels, and shall run with the land at law and in equity. 7. It is the intention of the Dennings that any and all interests in real property created by this Agreement must vest, if at all, not later than twenty-one (21) years after the death of the last to die of the-following group of persons, all of whom are alive as of the date of execution of this Agreement: Frank D. Denning and Lisa M. Denning. 8. This Agreement shall not be effective unless and until the Wheat Ridge City Council adopts an ordinance, in accordance with Wheat Ridge Charter Section 16.5 approving the conveyance of the property described on Exhibit D. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below. Lida M. Denni Frank D. enning STATE OF COLORADO I } ss. County of Jefferson ) Subscribed and sworn to before me this 28th day of June 1999, by Lisa M..D.enning and Frank D. Denning. WITNESS MY HAND AND OFFICIAL SEAL. '01 •4-o-°' _ . N„':'°Ug L1G ~ a expires: 3 GE0153027\310927,04 -3- r' The City of Wheat Ridge, a Colorado Municipal Corporation, has authorized the execution of this Agreement by its' duly appointment representative. CITY OF WHEAT RIDGE, a Colorado Municipal Corporation Q~ W~EgT~ By. q~ retchen LCervenyayor ATTEST; Wanda Sang, City Clek 1`'} Approved as to Form: m to LL Gerald E. ahl, City Att&rney GED\53027\310927.04 -4- 86/07/99 10:16:29 GORSUCH 1t1RG1S-> 303 235 Z0S? Rig® AX EXHIBIT A Legal Description of Denning Property E GED'53027MO927.04 Page 006 1 w .ti . RECEPTION 1,10. 8601,5-132 That part of tie E4EisSE1.SE; of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said EhEVE:SE, of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said VIEW 4M to South line of said Section; runnino thence East along South line of said Section to place of beginning; together with all water and ditch, reservoir' rights inc.uding an un- divided 2/5 interest in Schroeder Ditch and all interest in Arapahoe Creek; to- gether with,all inprovemants situate thereon. Except that portion deeded to Standard 011 Company, a corporation organized under the laws of indiana, recorded in Book 1026, Page 360, of the records of Jefferson County, and except that portion deeded to The American 011 Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, of the records of Jefferson County, and except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado. E701IBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN JEFFERSON COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21; THENCE N00°04'58"W ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 21 A DISTANCE OF 560.15 FEET; THENCE DEPARTING SAID EASTERLY LINE S89°55'02°W A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF KIPLING STREET AS RECORDED IN BOOK 2146 AT PAGE 434, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) CONSECUTIVE COURSES; 1) SDO°04'58"E A DISTANCE OF 105.76 FEET; 2) THENCE N89°12'49"E A DISTANCE OF 5.00 FEET; 3) THENCE S00°0448"E A DISTANCE OF 209.97 FEET TO THE NORTHEAST CORNER OF CONSOLIDATION PLAT AMOCO STATION NO.5215 ; THENCE 889°12'49"W ALONG THE NORTHERLY LINE OF SAID CONSOLIDATION PLAT AMOCO STATION NO. 5215 A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID NORTHERLY LINE N00°04'58"W, ALONG A LINE THAT IS 55.00 FEET WESTERLY OF AND PARALLEL TO SAID EASTERLY SECTION LINE, A DISTANCE OF 315.80 FEET; THENCE N89°55'02"E A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2629 SQUARE FEET, MORE OR LESS. BASIS OF BEARINGS BEARINGS ARE BASED ON AN ASSUMED BEARING OF N00°04'58"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, AS MONUMENTED BY A 3 Y7 ALUMINUM CAP IN RANGE BOX PLS NO. 13212 AT THE SOUTHEAST CORNER AND A 2'!2" ALUMINUM CAP IN RANGE BOX PLS NO. 27278 AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21. PREPARED BY SCOTT A. AREHART REVIEWED BY RICHARD A NOBBE PLS # 23899 FOR AND ON THE BEHALF OF: MARTINJMARTIN, INC. 4251 KIPLING STREET WHEAT RIDGE, COLORADO 80038 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE N00 04'58"W A DISTANCE OF 662.50 FEET; THENCE 889 55'02"W A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF KIPLING STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S00 04'58"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 102.35 FEET; THENCE DEPARTING SAID RIGHT- OF-WAY LINE S89 55702'W A DISTANCE OF 5.00 FEET; THENCE 44.98 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET, A CENTRALANGLE OF 117 09'23" AND A CHORD WHICH BEARS N58 39'40'W A DISTANCE OF 37.55 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 36.99 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 117.00 FEET, A CENTRAL ANGLE OF 18 06'58" AND A CHORD WHICH BEARS S53 42'10"W A DISTANCE OF 36.84 FEET; THENCE S44 38.41"W A DISTANCE OF 31.76 FEET; THENCE N45 21119"W A DISTANCE OF $5.10 FEET; THENCE ALONG THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 80035262 THE FOLLOWING 2 COURSES, 1) N47 55'02"E A DISTANCE OF 27.01 FEET; 2) THENCE N56 55'02"E A DISTANCE OF 129.00 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 7359 SQUARE FEET OR 0.169 ACRES MORE OR LESS BEARINGS ARE BASED ON AN ASSUMED BEARING OF N00 04'58"WALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, AS MONUMENTED BY A 3114" ALUMINUM CAP IN RANGE BOX PLS NO. 13212 AT THE SOUTHEAST CORNER AND A 2 "ALUMINUM CAP IN RANGE BOX AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21 PREPARED BY RICHARD A. NOBBE PLS # 23899 FOR AND ON BEHALF OF MARTIN/MARTIN ENG. 4251 KIPLING ST. WHEAT RIDGE, CO. 80033 (303) 431-6100 _ • I~ I ''I, iI yj ~ L-1 ~ ~ r ~ I I - Y li .r•"''~ sr,,...+"... ~ III s- ~ w` - i ' 1, t I i r I ,JOIHN GARIyER' ' A Nt C H 1 7 E C T U R C „''r ,.r '1„ ~ r•'" ,,►r,,,•r i~~ ~ t 234 COLUMBINE ST. V ~ i SUITE 201 DENVER, CO 80206 321-5664 fax 321-5651 i t i i i ~ i ~ ~ ~ E r r r ~ ~ I 1 s ~ ~ r ~ F r i L 0 I I I LL I ~J 0, I J' YQ~ 1 s I I I Uj QtAO Z i i n  i Q~ ~ ~ ~ i ~.il i ~ i i ~ i ~ j i l i ' I j ~ / ° 6 b~ ~ ' p p - D Q p f1 O o aA I ~ c7 dJ Q.p i ' i DQ G ~C DQ C1 ~ 1 o G ~ - 1 a ~ 4 Oi I ~ I D c~ n I e ~ ~ 1 - S E~T ' T~ L /(i _ --,----1-- - - ~ I _ , ~ ~ ! ~ ~ I I r---- F--- - - I - ~~t , - - __-r__-- i-- - 'I ~ .,n o I _ I I _ ~iliiliiliiliil iili iliiliili ili ili iliili!!rlii i• i! il~i! !ii! pa D Q Q4 ~ _t__. 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I~EN~/ER, C❑ 8©206 S SUITE '2C~1 i 321-5664 fax 321-5651 ~ _ ski T;-- e~ I ! ! ~ r _t M ~ L . ~ -i. i - - i - . ~'a E 1Y L i t _ s i { i F a 4 I i i I ~ ~ ~ i i 3t ~ ~ w a i I I F I ~ i ! ~ i i E i _~e [ i I i I I I I , I I i ! ~ ~ ~ f ~ i 1  i ~ ~ ' ~ I ~ i ~ ~ a I ~ ~ i ~ ~ ~ ~ ~ ~ ~ I I r a R, h ~ ~Z - - ~ T - - ~ - _ .L i _ _ ~ - ~ _ .i, - - - lR+. 4 _i g~~ x ~ r i I ~ II r l t i i i i f i i I I ( I S E f f Irv x x x -x_._.aTv +-'~i~ I cl ~..s_ I \ ~W tiu ~I uwl I v =fit n:.: ~ ~ - I .tei Ic I ~ j Qw s vra\\ m C ~13d¢a'ci °i W.c I ~ 0 4~kS o I I KN I h~ ~2, \ ~ I ~N 1'G :r?~ U W~ QO Y13 ~ ~ 6 I C ~ <~I ~ no w° 2 1, `gym x n m I c 3. rI o :.;a ox; y.._ I WZ I I .a6° 9r[ v ' I V~ O 12 O'U4~ I{ I M1Z'<:. inq C 'r n_~ I' J . r ~ ~I~v t~:h y I ti ~ W ~y Q 9 ON r`L'o U ~ a \ ~ N Y b \ \ ` c~ orn Rio `W,R, co fm _ . ~ P N 1 ? ~ IO Z w N O 0 4 11 y ry 3 QO c_ w 4 ~Z 3 Y V I °m 1 V U `I io Pm C n' u N I"q'm i yr~~' ` II ' y i WSq 33 b . LL ~ W Y tJ ¢ \ I 3 pZ s0 Ct C~ y, U ~ `K ~J ~ d C l OI i'.t 1 Z I\ W 1 I p ~ ~ 6 `Z6 C M1 e~ ~S U ~ V ~ W< Qo Q c.Q C -a c m Y6BF!6rj ~,y -?38 NQ 0 s~ ~O U^- l \ U ' a ~ ♦ qt1. \ 0= \ >V I Y I h~ M. re, B0.00t \ -n - iT o' p P N 2 r a~ _ 4x C J < 5 \ ,t ~ 'm 2 V U ^ 0.vr"1 CL V 2 .6--~ Vti ' l ~ • mW m 2 p, > nl fn Ww ,~n' ~ 0 2 hm ~ 2 Nntr \ w. r w` -z 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 26, 2002 xxxxxx xxxxxxx xxxxxxxx Dear xxxx: The fees for your land use application total $4,350. Please see breakdown of the fees below: Rezoning (Planned Development District) ' U Application Fee Plus $125/acre (2 acres) Publication/Public Notice Fee $ $ $ 800 250 300 Final Development Plan Application Fee $ 500 Plus $500/acre (2 acres) $ 1000 Publication/Public Notice Fee $ 300 Final Plat Application Fee $ 800 ~p Plus $200/acre for non-residential (2 acres) $ 400 Jv Publication/Public Notice Fee waived* Amount due $4,350 *Publication/public notice fees are waived if published concurrently with rezoning application. Payment is due upon application. A copy of our fee schedule is available at our office or on our wet site at www.ci.wheatridge.co.us. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Asst.