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Home My WebLink AboutWZ-14-05-'- City Of �W heat idge C(O-)MUNITY DEVELOPMENT Memorandum TO: Case file for Case WS -14-01 / Somerset FROM: Lauren Mikulak, Senior Planner DATE: December 30, 2014 SUBJECT: Processing of Case No. WZ-14-05 and WS -14-01 Case number WS -14-01, a subdivision plat approval for the Somerset Townhomes at 6904-6940 W. 48'h Avenue was processed concurrently with WZ-14-05. All relevant files for case WS -14-01 may be found in the case file for Case No. WZ-14-05. � §CA(3fa�e� A J Fr— EL333,r1- +DFmA TES R2# 'T Ly!=!3 I TC Req m S J 7 =m-------------------------------------- om` =IFT 2 7! m7 ;R eg5 ;R 215 iJ E4 r5 FEE 3)M! 1 z R 3. "J" - # � �/` 41 CO � 5)233 z 3# m.m 2l= i 2 .GJ !Lm 3J H. LLI�l2 HLLV._ N 7 S. m [J 2.m c 2)379 ) L-VGJ S. Im)3!U ; LLIV.:VVJ H.m Hil sig l ) .EMT 2.m Hi i 7 Z FL ajj 3.i Willi LI_ lac, m A �CZ_J m 2 ).m c ;. # S l9.m �-LI- D f m 2 a« � a mySW a a FEE L ER SECURITY INTEREST HOLDER'S CONSENT u FirstBank Somerset Homes Townhomes Final Plat The undersigned FirstBank, as beneficiary of a certain Deed of Trust dated June 21, 2013 and recorded July 10, 2013 at Reception No. 2013083674 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on oC.- c,g6a Z3, 2015 at Reception No. aoi 511 3 -71,1-2 fir Bank Namof Security Interest Holder Name and Title n C't I IA S, 2s� vs Date 11111111! 1111i 1111111111111111111111111111111111 illI 1 1o so 2015113763 10/23/2015 10:42:19 AM 2 Page(s) JEFFERSON COUNTY, Colorado State of ) SS County of C- ) The foregoing security interest holder's consent was acknowledged before me this / d a of �. , 2015, bX My commission expires: 01-,f/% BARBARA B. MURRAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874144538 MY COMMISSION EXPIRES SEPTEMB]8,2017 Notary Public _.�_ _ ._ (SEAL) 1-2— LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that I, Robert P. Keenan, II Owner of 6908 West 48" Avenue. Wheat Ridge Colorado 80033 , herebv mat,,; . onsntute. and appoint Robert M. Isabell , as my true and lawful attorney-in-fact for me and in my name, place and stead; for the following purposes only: To execute on my behalf all documents pertaining to the acceptance and approval of all plats, plans, resolutions, amendments to governing documents and any and all legal documents pertaining to the re -zoning of Somerset Homes Condominiums to Somerset Homes Townhomes specifically 6908 West 48th Avenue Wheat Ridge Colorado 80033 This Limited Power of Attorney expires upon completion of the approval and recording of all documents pertaining to the re -zoning including but not limited to executing the original mylar plats titled Outline Development Plan, Specific Development Plan, Final Plat and the Resolution of the Owners of Somerset Homes Condominium Association, Inc. or September 1, 2015. whichever comes first. Dated: Robert P. Keenan. II �a Telephone Number: United Mexican States State of Sinaloa ) Side of Sinaloa City of Mazatlan ss ss. Consular Agency of the Country of Mexico Untied Stabs of America The foregoing instrument was acknowledged before me on this -A Pa ► L , 2015, by Robert P. Keenan, II. Notary Public My Commission Expires It IDeFiti iT- Z/-T/M. OAV&—' VS GOM`k,%A'rC HE,Psnos,u a J� LOA. VA day of &q10 SECURITY INTEREST HOLDER'S CONSENT U.S. Bank, NA �(0- Somerset Homes Townhomes Final Plat The undersigned U.S. Bank, NA, as beneficiary of a certain Deed of Trust dated June 6, 2013 and recorded June 27, 2013 at Reception No. 2013077791 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on On-roac--2 230 ?,ouS at Reception No. U. S. Bank National Association Name of Secyrity Interest older 7 Signature 6t-0 D, Name and Title viz � 5 Date Iilllllilll!IIIIIiIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIII o so 00 2015113764 10/23/2015 10:42:19 AM 2 Page(s) JEFFERSON COUNTY, Colorado State of ) SS County of The foregoing security interest holder's consent was acknowledged before me this day of , 2015, by My commission expires: Notary Public (SEAL) 1-K CALIFORNIA-• • •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of/_ On �� " ZO) before me,fl"�r. /SGS) , Date _ Here Insert Name and Title of the Officer personally appeared �7' " n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "a JANET J. PETERSON COMM. # 2067644 X NOTARY PUBLIC -CALIFORNIA ;U s, xi ORANGS COUNTY N °ai scn MY COMM. EXP, MAY 10, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.` WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i7 Other: Signer Is Representing: Document Date: Than Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4\,G�✓G\�4�'%4�4`.G�✓4\;G�G�G\-4\:G�4`.:�✓4��!G�J4�c,/G�fi4�fi G�:G�✓G�tiG\fiG\�! �G\�G`.4`,G�✓G`.4`.4�C%4�.G\:\�4�✓4`.4�.4�G`.G`.G�G�,G`::�G�i • • • •14 Lei•j i r- I I R, Lei r I rAq I • i�• • • :•• • •: •• Z_ 2 SECURITY INTEREST HOLDER'S CONSENT Ditech Financial LLC Somerset Homes Townhomes Final Plat The undersigned Ditech Financial LLC as beneficiary of a certain Deed of Trust dated (4&4 dq,,)o and recorded Tunes , baa `f at Reception No. i 03 5`t V hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on _(DrTu-.3&rz 2- j �,�„ .S at Reception No. Ditech Financial LLC Name of Security interest Holder Signature Stephanie Rodgers i Ay P Name and Title Date o S0 00 2015113765 10/23/2015 10:42:19 AM 1 Page(s) State of Z,0 CA, COUNTY, Colorado ✓1 ) SS County ofUy I C D 42A-- ) The(ffo�regoing security/ interest holder's consent was acknowledged before me this day of 2015, by My commission expires: Notary Public (SEAL) Maria Ramirez Notary Public Mancopa County, Arizona My Comm. Expires 02-05-17 �) , SECURITY INTEREST HOLDER'S CONSENT FirstBank of Wheat Ridge Somerset Homes Townhomes Final Plat The undersigned FirstBank of Wheat Ridge, as beneficiary of certain Deeds of Trust dated October 10, 2008 and recorded October 14, 2008 at Reception No. 2008095234 AND October 10, 2008 and recorded October 14, 2008 at Reception No. 2008095235 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on Oc Tt) 13 c -,z 2- 3 2_�, 15 at Reception No. 1011 113-Ik,-Z Ffr-s-tBank of Wheat Ridge Name of Security Interest Holder re Name and Title �nc_s A. 1 \ r,),U� 5 Date 11, State of ) SS County of�� ) 1111111 III II II IIIII IIIA IIII VIII IIII IIII II II 1111 III D SO.00 2015113766 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado The foregoing security interest holder's consent was acknowledged before me this /3,�•� day of 2015, My commission expires: 9 -ice BARBARA B. MURRAY NOTARY PUBLIC STATE OF COLORADO NotaryPublic NOTARY ID 19874144536 MY COMMISSION EXPIRES SEPTEMBER 8, 2017 (SEAL) SECURITY INTEREST HOLDER'S CONSENT FirstBank of Wheat Ridge Somerset Homes Townhomes Final Plat The undersigned Charles FirstBank of Wheat Ridge, as beneficiary of a certain Deed of Trust dated October 13, 2010 and recorded October 22, 2010 at Reception No. 2010094446 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on n6/z 2-�, 20 (S at Reception No. 2o15j�2)-7�,z Fir; Nar Wheat Ridge of Secririt;/ !nterest Holder re Name and Title Date R S11.00 �IIIII VIII 111111111111111 IIIIihili 11111 IIIiI 1111111111111 o SO..00 2015113767 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado State of ) ��1 County of ) S S) The foregoing security interest holder's consent was //acknowledged before me this ' day of Aa� , 2015, by ��i1 �� W > ifT Ilk My commission expires: VITA YURYEVNA OUBININ NOTARY PU13LIC 9TATI&E OF COL011ADO NOURY 10 20104020175 MY COMMISSION EXPIRES W14010 Notary Public (SEAL) aSECURITY INTEREST HOLDER'S CONSENT Charles Ochsner and Patricia Ochsner Somerset Homes Townhomes Final Plat The undersigned Charles Ochsner and Patricia Ochsner, as beneficiary of a certain Deed of Trust dated September 28, 2010 and recorded October 8, 2010 at Reception No. 2010089387 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on C, ) 3 is at Reception No. 2015 i1 z �(,,-z Charles S. Ochsner Patricia K. Ochsner Name of Security Interest Holder Name of Security Interest Holder (&41116�1, � � — aLL Cli s, Signature Signature (' I 1 e2 k- i > [fir r�� ✓�T�� C k. sir Name and Title April 2, 2015 Date o $0 00 2015113768 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado State of A��04-d' ) )SS County of The foregoing security interest holder's consent was acknowledged before me this 2nd day of April, 2015, by Charles S. Ochsner and Patricia K Ochsner. My commission expires: N) -060-�)0/5 LEY LIC RADO mw Notary Public Lm:j ECEMeER 6, zoic (SEAL) SECURITY INTEREST HOLDER'S CONSENT FirstBank Somerset Homes Townhomes Final Plat The undersigned FirstBank, as beneficiary of a certain Deed of Trust dated June 3, 2011 and recorded June 3, 2011 at Reception No. 2011053961 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded f) Win,+3 23 , 2r i S at Reception No. 2 -Cil 5 It FirstBank Name of Security Interest Holder ignature Name and Title n S :j � Zy Date llllllllllllllllllll!IiIIIIIIIiIIIIIIIIiIIIIIIIIIIIIIIillll SO.00 2015113769 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado State of ) SS County of on The foregoing security interest holder's consent was acknowledged bfor me this da y of 2015, by My commission expires: -V Notary Public (SEAL) 13AR13ARA B. MURRAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874144536 MY COMMISSION EXP+q _S SEPTEMBER 8,2017 k7a SECURITY INTEREST HOLDER'S CONSENT Charles Ochsner and Patricia Ochsner Somerset Homes Townhomes Final Plat The undersigned Charles Ochsner and Patricia Ochsner, as beneficiary of a certain Deed of Trust dated September 28, 2010 and recorded October 8, 2010 at Reception No. 2010089389 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on 061v(3c-,2 23, ZvrS at Reception No. 2-o1503 7c,z Charles S. Ochsner Patricia K. Ochsner Name of Security Interest Holder Name of Security Interest Holder Signature Signature Name and Title April 2, 2015 Date 11111Ell,111111111111111111111111111111 o SO100 2015113770 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado State of e G'O ) (�/`�'' ) SS County of The foregoing security interest holder's consent was acknowledged before me this 2nd day of 6 d, 2015, by Charles S. Ochsner and Patricia K. Ochsner. My commission expires: )-�"ote'�y�5 ;STATE :EXPMES FARLEY PLORA LORADO 999{033866 Notary PubIic �l MY CDgCpyg]6,2015 (SEAL) SECURITY INTEREST HOLDER'S CONSENT FirstBank Somerset Homes Townhomes Final Plat The undersigned FirstBank, as beneficiary of a certain Deed of Trust dated June 3, 2011 and recorded June 3, 2011 at Reception No. 2011053882 hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on (�6-iVee2 Z3, at Reception No. 201 51I 3 � (, Z Fir�tBank Name of Security Interest Holder re Name and Title S1191S Date If11 o So1.00 2015113771 10/23/2015 10:42:19 AM 1 Page(s) JEFFERSON COUNTY, Colorado State of County of ) S S The foregoing security interest holder's consent was acknowledged before me this day of _ , 2015, by rINVAle �l71�'�� . ��i� r111r //WLC1/�'G� My commission expires: N //Rhm? Notary Public (SEAL) VITA YURYEVNA DUBININ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104028115 MY COMMISSION EXPIRES &%W18 Somerset Townhomes Staff: Zack Case #: WZ-14-05 and WS -14-01 Request for approval of an ODP, SDP and plat Files: See Oct 15 status update Contacts: Joni Haack hioni@homesincolorado.com office: 303-456-2154 Status: These applications were approved in December 2014, but they have struggled to get signatures from the owners and lenders of all 19 units. As of September 24: There were two new owners that needed to come in to site documents, and a loan had been transferred which required a new lender sign off. The supervisor of the County recording office confirmed that old owner signature could be crossed off and new owners could sign without having to start from scratch. As of October 12: Joni reported having all documents ready for submittal. The mylars will need to be routed for City signatures prior to recordation. As of October 15: Joni submitted all documents (including recording fees) and Tammy is routing the three mylar cover sheets for signatures. The remaining mylar sheets are at my desk by the window. This includes: 1. ODP mylars with original signatures/ 2. SDP mylars with original signatures 3. Plat mylars with original signatures / 4. Security Interest Holder Consent forms with original signatures 5. Copy of covenants/HOA documents (the City won't record these, but we want to verify that common areas are being maintained—confirm that Joni will record these) i Next Steps: • Route the ODP, SDP and plat for City signatures. PC approval was October 16, 2014 and CC / approval was December 8, 2014. Take to the County items 1 through 4. She also provided a power of attorney but we don't need to return that. At the County there are cross-reference recordation numbers that will need to be written onto the mylars and on the security interest holder forms so bring a thin sharpie marker and a regular black pen. 14 / Cases Recently Closed/ Pending Closure • Order of recordation: ODP, Plat, Security Interest Holder Forms, SDP • On each Security Interest Holder form — Write in the date you are recording on the first line and the reception number for the plat. • In the top right corner of the plat, in the Lenders' Consent block — Write in the date you are recording on the first line and the series of reception numbers under which the Security Interest Holder Consent Forms are being recorded. • Keep track of which recordation numbers are for which units (Joni wrote the address on the top back corner of each 8.5x11). • If the County needs a return address, it should be us: 7500 W. 29"' Avenue After recording: • Email Joni Haack the reception numbers for all documents. 15 1 Cases Recently Closed/ Pending Closure 1�-ivc IUJlCV RESOLUTION OF THE OWNERS OF SOMERSET HOMES CONDOMINIUM ASSOCIATION, INC. NOW COME all of the voting members of the Somerset Homes Condominium Association, Inc., and set forth the following as and for a unanimous consent approving the following resolutions: 1. RESOLVED that the name of the nonprofit corporation "Somerset Homes Condominium Association, Inc." shall be changed to the "Somerset Homes Townhomes Association, Inc." 2. RESOLVED that the Amended Declaration of Covenants, Conditions and Restrictions of Somerset Homes Condominiums which each undersigned signator has reviewed, is hereby adopted and approved and the undersigned hereby authorize the president of the Association Board to execute on behalf of each of the undersigned as the "Declarant" of the aforementioned amendment. 3. RESOLVED that the President of the Board of the Somerset Homes Condominium Association, Inc., is hereby authorized to take all steps necessary to accomplish the actions set forth in Resolutions 1 and 2, set forth above. DATE: UNIT OWNERS AND AUTHORIZED SIGNATORS: UNIT NO. OWNER 6904 48'"" LLC 6904 By:`�L� 6906 N�CT 1COB�ON 6908 V ROBERT P. KEENAN II z /� 6910 TAMARA MANTHEY ?/1 �� - ,�w j 6912, 6916, 6936: WHEAT ,RIDGE 2020, INC. BY: B FIS ER, its executive director 6914 i 6918, 6920, 6922, 6924, 6926,928, 6930, 6934: S. OCHSNER BDI PROPERTIES CHARLES . C SN AND JOHN E. ZOOK �• IX -:iE �� 6940 BY: �L— , 6912,6916,6936: WHEAT RIDGE 2020, INC. 6914 RW BRITTA FISHER, its executive director AIMEE M. SORENSEN 6918,6920,6922,6924,6926,6928,69')0,6934: CHARLES S. OCHSNER n C rt' i TN x kA P -C ry i l� t:s �. tz i- 5 r►-'- n_ YZ C. V c'e-/a rS t, - T► 14.1 .s— D TIi nn �r+.�.+mrrc �rrrcvi t_.1�ZTLJ— 'v�S 6938 BY:.Q/t¢,xJ CHARLES S. OCHSNER AND JOHN E. ZOOID 6940 BY: 11 0 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SOMERSET HOMES CONDOMINIUMS THIS AMENDMENT to the previously executed and filed Declaration of Covenants, Conditions and Restrictions, (the prior Declaration hereinafter referred to as the "Declaration') is hereby modified and amended by virtue of this Amendment ("Amendment') made and executed in the County of Jefferson, State of Colorado, this day of April, 2015, by all of the below named parties executing this document (hereinafter collectively referred to as "the Declarants"); WHEREAS, The Declarants are the owners of all of the condominium units known as the SOMERSET HOMES CONDOMINIUMS, more specifically as that property is described at Reception No. 84100884, recorded October 29, 1984, in a document identified as the "Declaration of Covenants, Conditions and Restrictions of Somerset Homes Condominiums" recorded with the Clerk and Recorder of the County of Jefferson, State of Colorado. Itis now the desire of the Declarants to submit such property to the covenants, conditions and restrictions as declared herein by way of amendment to the previously filed Declaration. Declarants intend that all present and future owners, mortgagees and other persons now or hereafter acquiring any interest in the Property (further defined below) shall own their interest subject to the rights, easements, privileges and restrictions established by this Declaration. All such rights, easements, privileges and restrictions are declared to be in furtherance of a plan to promote and protect the value, desirability and attractiveness of the Property, and shall furthermore be declared consistent with the Colorado Common Ownership Interest Act in its present form, currently found at C.R.S. §38-33.3-101, et seq., (CCIOA) or amendments thereto. To the extent that this Amendment which adopts in its entirety the prior referenced Declaration, the CCIOA shall control to the extent that this Amendment or the prior Declaration conflicts with the provisions of CCIOA. To the extent that there is a conflict between the terms of this Amendment and the prior Declaration, the terms of this Amendment shall control subject to the CCIOA. WHEREAS, the Declarants desire to convert the current ownership of all of the Somerset Units from that of condominium ownership as recognized under Colorado law, to townhome ownership, as recognized under Colorado law; and WHEREAS, it is the desire of the Declarants to make this conversion as inexpensively as possible by relying upon the original Condominium Declaration to the extent that it does not conflict with the CCIOA and this Amendment, wherein land ownership in the townhome association will be divided between a separate fee simple ownership for townhome structures and the land upon which each townhome structure sits (as defined herein), together with "General Common Elements" and Page 1 of 25 "Limited Common Elements"), wherein the individual townhome owners will be tenants in common of all General Common Elements and Limited Common Elements; NOW, THEREFORE, the Declarants, in order to convert a condominium association to a townhome association, pursuant to Colorado law, declares the following: DEFINITIONS These terms shall have the following meanings unless the context clearly requires otherwise: 1.1 "Association" shall mean the SOMERSET HOMES TOWNHOMES ASSOCIATION, a Colorado non -stock, non-profit corporation, and its successors and assigns, through which all Owners act as agroup under the Association's Articles of Incorporation, By- Lawsand this Declaration. 1.2 "Association Property" shall mean all the• Association's real and personal properly interest; including without limitation the General Common Elements and, as limited herein, the Limited Common Elements. 1.3 Board" or "Board ofManagers"shall mean the governing board of the Association. 1.4 "By -Laws" shall mean the By -Laws of the Association adopted by the Board as amended from time to time. 1.5 "General Common Elements"shallmean alltheProperty, except that portion of the Property which constitutes Sites and Limited Common Elements thereof which constitute Sites and Limited Common Elements. 1.6 "Common Expense" shall mean the estimated and actual expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. 1.7 "Declarant" shall mean the all those parties setting forth their signatures as set forth at the end of this Declaration, with the Declarants' intention that this Declaration be recorded with the Clerk and Recorder of Jefferson County, Colorado. 1.8 "Declaration" shall mean this Declaration together with any supplement or amendment thereto which has been recorded in the office of the Clerk and Recorder of Jefferson Page 2 of 25 County, Colorado. 1.9 "Guest" shall mean any person or persons having permission from an Owner, Lessee, or the Association to be on the Property. 1.10 "Lessee" shall mean any person or legal entity who agrees to pay or pays rent to an Owner for the right to occupy a Unit. 1.11 "Maintenance" shall mean such repair, upkeep, renovation, restoration, or replacement of any portion of the Property as may be necessary to maintain it in substantially the same condition as originally or subsequently constructed, altered or improved, all of which shall be in conformance with the high standards presented by the adjacent residential, business, and recreational development. Specific provisions are made herein for maintenance of General Common Elements and Limited Common Elements. 1.12 "Managing Agent" shall mean the person or legal entity, at the sole discretion of the Board of Managers, designated by the Board of Managers to manage the Property. No such third party need be designated by the Board of Managers. 1.13 "Map" shall mean the map of the Property showing individual Sites for attached townhouses, said Map generally referenced as the "Somerset Homes Townhomes Planned Residential Development ("Outlined Development Plan) which shall be filed for record in the office of the Clerk and Recorder of Jefferson County, Colorado. It is the intention of the Declarants set forth herein that no re -conveyance need occur from condominium owners to the now townhome owners. The Map, which may be recorded in supplements, shall depict and show at least the following: The legal description and boundaries of the Property; the location of individual townhouse sites on the Property; the General Common Elements; any portions of the Limited Common Elements that are defined to be for the exclusive use of one or more, but fewer than all, of the Sites and any portion of the Property reserved for the designation of individual townhouse sites. Declarant and the Board reserve the right to amend the Map and any supplements thereto, from time to time, in order to conform the Map to the actual location of any of the townhouse sites or General Common Elements and/or Limited Common Elements, to conform the Map to duly adopted amendments to this Declaration, and to establish, vacate or replace utility easements, access road easements and parking areas. 1.14 "Mortgage" shall mean any mortgage, deed of trust or other security instrument creating a real property security interest in a Site excluding any statutory, tax or judicial liens. 1.15 "Mortgagee" shall include any grantee, beneficiary or assignee of a Mortgage, and "Mortgagor" shall include any granter, trustor or assignor of a Mortgage. A "First Priority Mortgage" shall mean a Mortgage having the highest priority as a Mortgage against a Site but only if the Page 3 of 25 Mortgagee of such Mortgage, the "First Priority Mortgagee", claims such status in a written notice delivered to the Association. 1.16 "Occupant" shall mean any individual on any portion of the Property (including any Site or Unit) whether as an Owner, Lessee, Guest, resident, family member, agent, employee or otherwise. 1.17 "Owner" shall mean the person or legal entity holding fee title to a Site. 1.18 "Property" shall mean that property in Jefferson County, Colorado, described on EXHIBIT A attached as a part hereof, together with all buildings and any other kind of improvements thereon, together with all rights and appurtenances thereto. 1.19 "Site" shall mean an individual townhouse sites within Lots 1 through 19 of the Property, as designated on the Map. 1.20 Site. "Unit" shall mean a townhouse unit constructed on a Site. 1.21 "Yard" shall mean any portion of a Site that is not occupied by a Unit, but which shall be considered a Limited Common Element and which will be for the exclusive use of the unit owner immediately adjacent to the Yard. A "Yard" is generally described as that fenced in area at the rear of any of the individual units. In the case of Lot 1, the Yard shall be those areas on the west, north and east portions of Lot 1 which shall be considered to be Limited Common Elements, including the driveway which runs along the west portion of Lot 1. II. SUBMISSION OF THE PROPERTY 2.1 Subject to the CCIOA, Declarant, as the owners of the Property, submits the Property to this Declaration and declares that the Property shall at all times be owned, used or occupied subject to the easements, restrictions, covenants and conditions set forth in this Declaration and on the Map, which provisions shall constitute covenants running with the land and shall be binding upon all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors and inure to the benefit of Declarant, the Association, and any person or legal entity acquiring any interest in the Property. All of the rights, privileges, obligations and restrictions are declared to be in furtherance of a plan to promote and protect the value, desirability and attractiveness of the Property and to provide for the efficient utilization and operation of the Property as a townhouse community. Page 4 of 25 OWNER'S PROPERTY RIGHTS AND LIMITATIONS Leizal Description. The description of a Site in every instrument which affects the title to or the right to possession of a site, shall be sufficient if the site is described as follows : Lot , Block 1, Somerset Homes Townhomes, County of Jefferson State of Colorado, as shown on SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT "Outlined Development Plan," filed in the records of the Clerk and Recorder of Jefferson County, Colorado, on 2015, at Reception No. subject to this Declaration for SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT Outlined Development Plan (amending a prior Condominium Declaration) appearing in such records, filed on October 29, 1984, at Reception No. 84100884. Every such description shall be construed to include the Site and improvements thereon; the exclusive easements designated on the Map as appurtenant to the Site; a non-exclusive easement for ingress and egress to and from the Property; a non-exclusive easement (subject to restrictions as set forth in this Declaration) for the use of the General Common Elements and Limited Common Elements; membership in the Association; and all other rights, obligations and restrictions created in this Declaration or designated on the Map. Prior to the designation of a Site on a recorded Map, a contract for the sale of a site or any other instrument that anticipates future conveyance or encumbrance of a site, may legally describe Site by its Site designation and the words "Somerset Homes Townhomes." 3.2 Membership in the Association. Each owner (counting multiple owners of a Site as one Owner for voting purposes) shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Site. Any conveyance, assignment, transfer or encumbrance of a Site, shall automatically be a conveyance, assignment, transfer or encumbrance of the Membership in the Association. Any conveyance, assignment, transfer or encumbrance of an owner's Membership in the Association, without an accompanying conveyance, assignment, transfer or encumbrance of the site, shall be null and void. 3.3 Right of Entry to Units. The Association and its designated agents shall have an immediate, limited right of entry to each Site and Unit in the case of an emergency originating in, passing through, relievable from, or threatening such Site or Unit. This right of entry shall exist whether or not the owner is present. Additionally, an owner shall permit the Association or its designated agents to enter his Site or Unit for the purpose of performing those installations, alterations or repairs to his Unit or the Common Areas which the Association is obligated or entitled to perform. Requests for entry for the latter purpose must be made in advance, and entry must be Page 5 of 25 at a reasonable time. 3.4 Easements for Support and Encroachment. Each Unit and all Association Property shall have a non-exclusive easement for lateral and subjacent support from every other Unit and the Association Property. If for any reason any part of the Association Property encroaches upon any part of any Site, or any part of any Unit encroaches upon Association Property or any other Site, valid easements for the existence of such encroachment are hereby established, for so long as the encroaching improvement remains standing. No easement for any encroachment is created for the benefit of the offending party if the encroachment occurred due to willful misconduct. 3.5 Individual Tax Liability. Each owner shall be responsible for the real estate and personal property taxes and assessments levied against the owner's Unit, the contents therein, and the Site on which the Unit is located. 3.6 Reservation of Easements. Declarant hereby reserves to itself the right to grant non-exclusive easements for utility purposes serving any portion of the Property over, under and across any portion of the Property which is located outside the Unit on each Site, and to substitute one or more specific easements for this general easement by recording an appropriate instrument in the Office of the Clerk and Recorder of Jefferson County, Colorado. This reservation, however, shall be subject to the by-laws adopted by the Association, which may require an affirmative vote, or super affirmative vote, of Site Owners. 3.7 Easement to General Common Elements. Appurtenant to each Lot shall be a non- exclusive easement of enjoyment to the General Common Elements for the benefit of the owner and Occupants. The non-exclusive easement of each Site to use the General Common Elements is subject to the Association's right to reasonably allocate and regulate all Occupants' use of, or access to, the General Common Elements. 3.8 Exclusive Easements to Limited Common Elements. An exclusive easement to use and occupy the limited portions of the Common Areas designated on the Map as those Yards being to the rear of each Unit, as being exclusively appurtenant to a particular Unit, and carport spaces, as designated on the Map, which are declared and established for the exclusive use and benefit of each such Unit. IV. RESIDENCE AND USE RESTRICTIONS 4.1 Use as Residence Only. Except as otherwise specified, or as allowed under the zoning laws of the City of Wheat Ridge, County of Jefferson, State of Colorado, for an at-home Page 6 of 25 business, each Unit shall be used only as a residence and be limited to one dwelling unit per Site. No additional dwelling unit or subdivision of a dwelling unit may be constructed upon a Site. 4.2 Restrictive Covenants. Somerset Homes Townhomes are subject to restrictions and requirements concerning the use, sale, lease of Units and Sites as set forth herein. 4.3 Occupancy Limitations. No Unit shall be occupied by more persons than as allowed under the zoning laws of the City of Wheat Ridge, or it successor. The maximum number of individuals allowed to reside in any Unit shall be no greater than that allowed under The City of Wheat Ridge, or if none, County of Jefferson zoning code. 4.4 Use of General Common Elements. Except as otherwise specified, nothing shall be altered, constructed in or on, or stored on or removed from the General Common Elements without the prior written consent of the Board. 4.5 Use of Limited Common Elements. The Yards and carport parking spaces shall be for the exclusive use of the designated Unit (in the case of a carport) or Yard area as immediately adjacent to a Lot. 4.6 Nuisances and Negligence. There shall be no noxious or offensive activity carried on, in or upon any General Common Elements, and no loud noises or noxious odors shall be permitted anywhere on the Property. Nothing shall be done on the Property which may be or become an unreasonable annoyance or a nuisance to any other Occupant. The Board or the Managing Agent shall have the right to determine if any activity, noise or odor constitutes a nuisance. No Occupant shall permit or cause anything to be done or kept on the Property which will increase the rate of insurance obtained under Section 10.1 or which will result in the cancellation of such insurance. Each Occupant shall be accountable to the Association and the other Owners and Lessees for the behavior of his Guests. Any damage to the General Common Elements, or the property of another Occupant which is caused by any Occupant, shall be repaired at the sole expense of the Owner or resident in whose Unit such persons are visiting or residing. 4.7 Sign Restrictions. Subject to Colorado State law and First Amendment rights to display signs within windows advocating for a particular political cause or candidate, no other signs, without the prior written consent of the Board of Managers or adopted rules and regulations, shall be displayed to the public view. "For Sale signs" and "For Rent" signs shall be allowed to be displayed in a Unit window, and a free standing for sale or for rent sign at a location as designated by the Board. 4.8 Parking Restrictions. No Occupant shall park any vehicle on the Property except wholly within General Common Elements designated for parking. No inoperable vehicle shall be stored on the Property, and no Occupant shall park any large commercial type vehicle on the Page 7 of 25 Property. The Board may restrict or prohibit parking on the Property of trailers, boats, camper -type vehicles and motor homes and adopt such other rules and regulations for parking as the Board deems appropriate. No Occupant shall conduct major repairs or restorations of a vehicle or permit any such activity to be conducted upon the Property. 4.9 Pet Restrictions. Unit Owners shall not allow pets to become a nuisance to other Unit Owners. 4.10 Eyesores and Fire Restrictions. Nothing unsightly shall be hung out from a Unit or exposed from a Unit to any part of the General Common Elements, or Limited Common Elements, visible to the public. The General Common Elements and Limited Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials . Trash, garbage or other waste shall be disposed of in a designated trash container. No portion of the General Common Elements and Limited Common Elements visible to the public shall be used for the storage of building materials, refuse or any other materials, other than in connection with approved construction. There shall be no exterior fires except in contained barbecues unless otherwise regulated or prohibited by the Board. 4.11 Out -Building Restrictions. No temporary building shall be placed upon any portion of the Common Areas, except as permitted in writing by the Board. No garage, storage unit, trailer, boat, camper, motor home or recreation vehicle shall be used, either temporarily or permanently, as a residence on the Property. 4.12 Fences. Fences currently exist dividing the Yards between the Units, the Yards being Limited Common Elements. The Association shall maintain the fences which run along the back of all the Yards and which divide the Yards as well. Any damages caused by a Unit occupant, or guest of a Unit occupant, to a fence shall be repaired at the sole expense of the Unit occupant. Fences between Unit yards, shall be maintained by the adjoining owners. 4.13 Structural Inteeritv. Except as otherwise provided in this Amendment to Declaration, nothing shall be done to any Unit or the General Common Elements or Limited Common Elements which will impair the structural integrity of or structurally change, any building on the Property unless prior written authorization is obtained from the Board. 4.14 Right to Combine Units. Unit Owners, with the written permission of the Board, and with the written permission of any applicable mortgage/deed of trust lender having an interest in the respective Units, may then combine Units to create a single Unit, such combined Unit to also include the combining of the Limited Common Elements appurtenant to the Unit so combined. Provided, however, that such walls, floors or other structural separations removed as part of a combination, shall automatically revert to their prior character as individual townhomes if the combined units become subject to separate ownership in the future. Page 8 of 25 4.15 Compliance with Law. No Occupant shall do anything or keep anything on the Property which would be in violation of any law or regulation validly imposed by any governmental or quasi -governmental body. ADDITIONAL DECLARATIONS As and for additional declarations, restrictions and reservations, reference is made to the original "Declarations of Covenants, Conditions and Restrictions of Somerset Homes Condominiums," except to the extent that this Amendment conflicts with the same or to the extent that the Amendment, or the original Condominium Declaration conflicts with the CCIOA. LY THE ASSOCIATION 5.1 Business and Membership. The business and affairs of the townhouse project subject to this Declaration shall be governed and managed by the Association through its Board. All Owners shall automatically be members of the Association entitled to vote in accordance with the Association's Articles of Incorporation, and such membership shall automatically cease upon termination of the Owner's interest in his Site. Membership shall be appurtenant to a Site and shall not be separately conveyed, encumbered or abandoned. 5.2 Binding Effect. Each Occupant shall be bound by and shall strictly comply with the provisions of this Declaration, the By -Laws, any deed restrictions and covenants, and all rules and agreements lawfully made by the Association. The failure of the Association, the Board or its managing agent to insist, in any one or more instances, upon the strict performance of any such provisions, restrictions and covenants, or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment, for the future, of any such provision, restriction or covenant. The Association shall have the right and power to bring suit in its own name for either legal or equitable relief for any lack of compliance with any such provisions and shall be entitled to immediate injunctive relief for any infraction thereof. An owner aggrieved by lack of compliance may also bring suit for legal or equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 5.3 Power of the Association. Each Owner agrees that the Association has all the powers granted it by the Colorado Non -Profit Corporation Act and any amendments thereto or Page 9 of 25 replacements thereof. Such powers shall include, without limitation, levying assessments against the Owners, foreclosing the liens which arise for such assessments, enforcing any deed restrictions and covenants, and acquiring, holding, leasing, mortgaging or conveying the Association Property for itself and on behalf of all Owners as their attorney-in-fact. The Association is hereby irrevocably appointed attorney-in-fact of each owner to manage, control and deal with the interest of each owner in the Property so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder. Acceptance by a grantee of a deed or other instrument of conveyance from the Declarant or any other Owner shall constitute an irrevocable appointment of such attorney -in fact. Each owner shall be deemed to have waived all rights of partition, homestead, or exemption under state or federal law including bankruptcy laws. 5.4 Additional Activities. Functions or Services. The Association may undertake, to the extent the Board, in its sole discretion so elects, to provide any activity, function or service, for the benefit of or to further the interests of all, some or any Owners on a self-supporting, special assessment, or general assessment basis. Such activities, functions or services, which may be provided by the Association's employees, by an independent contractor retained by the Association, or by a community association of which the Association is a member, may include, without limitation: management of the Property, a garbage and trash collection. If any such activity, function or service includes furnishing or providing services for the care and maintenance of a Unit, no owner shall be required to utilize the Association or an independent contractor retained by the Association for such maintenance services on the interior of a unit, unless the maintenance involves a party wall issue, which is not being addressed by the adjoining owners, and the Board believes the lack of maintenance poses a threat to the Townhome Project. 5.5 Association Property. The Association may acquire and hold or lease tangible and intangible personal property and real property and may dispose of the- same by sale or otherwise. The beneficial interest in such Association property shall be held by the owners as provided in the Association's Articles of Incorporation and shall not be transferable except by transfer of an owner's Site. A transfer of a Site shall vest in the transferee ownership of the transferor's beneficial interests in any Association Property. 5.6 Implied Rights. The Association shall have and may exercise any right or privilege given to it by this Declaration or the By -Laws or reasonably implied therefrom, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights and privileges under this Declaration. 5.7 Lost or Damaged Property. The Association shall not be responsible to any person or entity for loss or damage by theft or otherwise of articles which may be stored in a Unit or on or in the Common Areas. Page 10 of 25 V1. MAINTENANCE 6.1 Responsibilities of the Association. The Association is responsible for Maintenance as a Common Expense: (a) all Common Areas; (b) a Unit, to the extent of incidental damage caused through Maintenance or the lack thereof by the Association; and (c) a Unit, to the following extent: The Association shall maintain all of the exterior portions of the Unit, including without limitation, the roof, siding, all windows and doors, and awnings, but excluding any decorative flower boxes and other ornamentation; the perimeter walls of the Unit to the extent of any structural deficiencies; the foundation and ground floor of a Unit; and any repairs to plumbing, gas, water, electrical, sewage and water lines located outside the perimeter walls of the Unit. 6.2 Alterations and Additions . Except as otherwise provided in this Declaration, the prior written consent of the Board, acting as an architectural review committee, shall be required prior to any alterations or additions to the -exterior of a Unit or any of the improvements or landscaping of a Site, or any alterations or additions within a Unit which will impair the structural integrity of or structurally change the Unit. If the Board fails to approve or disapprove such alteration or addition thirty (30) days after the plans and specifications therefor have been submitted to it, approval will not be required and this Section will be deemed to have been fully complied with. Regardless of whether the Board approves any changes to the Site or Unit under the previous sentences, the Owner shall be fully responsible for any damage which may be caused by such improvements. 6.3 Responsibilities of owners . Each owner is responsible for providing all Maintenance within his Unit at his own expense, except as provided in Subsections 6.1 (b) and (c), such responsibility shall include, without limitation, Maintenance of the interior surfaces of the walls, ceilings, doors and floors of the Unit and any finished or additional surfaces, decoration or materials, such as cabinets, carpets, wallpaper, countertops, painting or staining, plug-in appliances, all interior mechanical systems, and personalty of any kind in the Unit. Each Owner is also responsible, at his own expense, for cleaning any balcony or patio adjacent to the Unit; all doors to the Unit; the interior faces of all glass surfaces of the Unit; all machines, attachments, installations and fixtures within the Unit; and any other facility or fixture constituting limited Common Areas appurtenant to the particular Unit. An Owner shall also be responsible for the costs of any Page 11 of 25 Maintenance to the Common Areas or another Unit which is necessitated by the Owner's negligence, as determined by the Board. 6.4 Notice to Maintain. An owner or Lessee shall immediately report to the Board the need for any Maintenance which is the Association's responsibility to provide. In the event of any disagreement as to the Association's responsibility to provide the Maintenance, the decision of the Board shall be final. 6.5 Approvals by Owners. Subject to the provisions of Article VIII no special or general assessment shall be levied for any "Extraordinary Improvement" unless the Association obtains the approval of a majority of Owners . Any non -Maintenance, improvement project constitutes an "Extraordinary Improvement" if the total costs associated with the project exceed 15% of the total annual budget (excluding such project) for the year in which the Board authorizes the first stage of the project. Dissenting Owners shall not be relieved of their obligation to pay a proportionate share for any project approved under this subsection. 6.6 Mechanics' Liens. For the benefit of the Association and the Owners, Declarant shall be responsible for the release of all mechanics' liens filed with respect to the Common Areas if such liens arise from labor performed or materials furnished at the instance of Declarant, its agents, contractors or subcontractors. Except as the result of labor performed or materials furnished at the instance of the Association or its agents, no labor performed or materials furnished with respect to the Property shall be the basis for filing a lien against the Association Property or against any Site whose Owner did not expressly consent to or request the performance of such labor or the furnishing of materials. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against all liability arising from the claim of any lien claimant against the Site of any other Owner or against the Association Property for labor performed or materials furnished at such owner's request or with his consent. The Association may pay the amount necessary to discharge any lien or encumbrance levied against any portion of the Property which may, in the Board's sole opinion, constitute a lien against all or a part of the Property other than the site of the particular Owner with whose consent the labor was performed or material furnished. Such Owner shall be liable to the Association for the cost, including reasonable attorneys' fees, of discharging such lien or encumbrance, which cost shall be charged as a special assessment to such Owner. 6.7 Property Management Services. The Association, through the Board, shall provide for the management of the Property, either directly, or by qualified professionals either employed directly by the Association alone or together with other housing associations, or retained as an independent, management services contractor. Pursuant to the latter alternative, the Board may enter into a property management agreement (the "Agreement") with a professional managing agent, including the Declarant. Page 12 of 25 6.8 General Rules of Law for Party Walls. Each wall which is built as a part of the original construction or restoration of a Unit and placed in the immediate vicinity of the dividing line between two Sites shall constitute a party wall. To the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto. 6.9 Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of any party wall shall be borne equally by the Owners on either side of the party wall. 6.10 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute equally to the cost of restoration thereof, without prejudice, however, to the right of any such owners to call for a larger contribution from the other Owners under any rule of law regarding liability for negligent or willful acts or omissions. 6.11 Weatherproofing. Notwithstanding any other provision of this Declaration, an owner who, by negligent or willful act, causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. 6.12 Right to Contribution. The right of any Owner to contribution from any other Owner under this Declaration shall be appurtenant to the land and shall pass to such Owner's successors in title. 6.13 Party Wall Arbitration. In the event of any dispute arising concerning a party wall, the Board of Managers shall act as a Board of Arbitration and the decision shall be by a majority vote of the Board of Arbitration after an arbitration hearing. No legal action with respect to a party wall dispute shall be commenced or maintained unless and until the provisions of this arbitration clause have been met. VII. ASSESSMENTS AGAINST SITES 7.1 Obligation and Purpose. Each Site shall be subject to such general or special assessments as the Association may levy from time to time. The assessments collected shall be used exclusively to promote the recreation, health, safety and welfare of those persons residing on the Property and for the functions, operation, maintenance, administration and management of the Association, Association Property and the Property for the use and benefit of some or all owners. Each Owner shall be obligated to pay all such assessments levied against his Site and may not exempt himself from liability by waiver of the use or enjoyment of an Association function, Page 13 of 25 Association Property or the Common Areas or by an abandonment of his Site. 7.2 Assessments. General assessments, which shall be based on a budget for a budget year (the budget year to be established by the Board) designated by the Board, may be used for the Common Expenses of the Association, including without limitation for a reserve for working capital and for Maintenance which cannot be expected to occur on an annual basis. The failure of the Board before the expiration of any fiscal year to establish a budget for the next fiscal year shall not release the Owners from their obligation to pay any assessments or installments thereof for that or any subsequent year. The budget and assessment installments established for the preceding year shall continue until a new budget is fixed by the Board. Unless otherwise provided herein, general and special assessments shall be apportioned among the Sites then dedicated on the Map proportionate to their interests described on Exhibit A. No assessment liability for any Site shall exist prior to the recording of a Map subjecting that Site to this Declaration. After the recording of a Map subjecting a Site to this Declaration, Declarant shall be responsible for the assessments against any Sites owned by it, subject to the limited exemption provided in Section 7.5. If the estimated cash requirements set forth in the budget prove to be inadequate for any reason, including nonpayment of any Owner's assessment, the Board may, at any time, levy a special assessment. Assessments that are equitably attributable to only particular Sites may be allocated, in the sole judgment of the Board, to the Sites thereby affected. 7.3 Refunds . If in any fiscal year the assessments collected by the Board exceed expenses incurred, the Board shall have the right, but not the obligation, to make refunds or give credits against future assessments. Refunds or credits shall be apportioned in the same manner as the general and special assessments which created such surplus. Owners whose Sites were subject to this Declaration for less than the full fiscal year shall receive only a proportionate refund or credit based upon the number of days the Site was subjected to this Declaration. If the Declarant held title to a Lot for any part of the fiscal year, it shall be entitled to a proportionate share of the Site's refund or credit based upon the number of days it held title to the Site, divided by the total number of days during the fiscal year that the Site was subject to this Declaration. Any credit or refund amount remaining after the Declarant receives its proportionate share for a particular Site, shall be given to the current owner of the Site. Any credit received by Declarant under this Subsection shall be applied to another Site owned by the Declarant, and if there is no such Site, shall be converted into a cash refund. 7.4 Assessment Adiustments . With respect to any assessment, credit or refund, the Board shall have the power to round off and make other minor adjustments of less than ten dollars ($10.00) in each Site's allocation for the following purposes: (i) to create whole round numbers for the convenience of the payer; or (ii) to correct any discrepancy between the total of each Unit's allocation of any such assessment, credit, or refund, and the total amount of either the expenses actually subject to assessment or the surplus actually available for a refund or credit. Page 14 of 25 7.5 Working Capital Reserve. The Association shall establish and maintain a working capital reserve, and each year may assess all Owners other than the Declarant, an amount necessary to fund the reserve, provided that the total amount of the reserve does not exceed twenty-five percent (25%) of the annual operating budget for the fiscal year. With respect to each Site owned by the Declarant, the Declarant shall have no duty to pay working capital reserve assessments during the time Declarant owns the Site. The working capital reserve may be used by the Association for working capital, including the payment on an emergency basis of both minor and major Maintenance expenses, providing that the reserve is replenished by general or special assessments within a reasonable time. 7.6 Collection Remedies and ADR. (a) All assessments or installments thereof shall be due and payable at the time or times designated by the Board by written notice delivered pursuant to Section 13.5. Overdue assessments shall bear interest at twenty-one percent (21%) per annum, or such other lawful rate and/or late charge as the Board may determine. The payment of any assessment payable in installments may be accelerated by the Board for failure to pay any installment when due. (b) An assessment shall be the personal obligation of the Owner of the Site at the time the assessment is levied against the Site affected. A suit to recover a money judgment for unpaid assessments may be maintained against any Owner without waiving or otherwise prejudicing the Association's right to pursue its other remedies under this Section 7.6. The Association shall be entitled to recover the costs of suit and reasonable attorneys- fees incurred in bringing any action under this paragraph. (c) The Association shall have a lien against a site for any assessments against the Site or its Owner that are due and unpaid. Costs of collection, including without limitation, reasonable attorneys' fees and court posts, shall be added to the assessment lien amount. All amounts unpaid shall be evidenced by a statement executed by the Association and recorded with the Jefferson County, Colorado Clerk and Recorder. The assessment lien against a Site shall be subordinate only to the First Priority Mortgage on the Site. The Association shall have the right to foreclose such lien in the manner provided by Colorado law for mortgages upon real property. The Association shall have the power to bid on the Site at a foreclosure sale and to acquire, hold, lease, mortgage and convey the same. 7.7 Grantee and Mortgagee Assessment Oblijzations. No Owner shall convey or mortgage his Site unless and until all sums due the Association, whether or not evidenced by a recorded statement, are currently paid, but no Mortgage transaction shall be voidable by the Association nor shall the superior position of a First Priority Mortgagee be adversely affected by a lien of the Association. At least five ( 5 ) business days prior to any conveyance or mortgage, the Page 15 of 25 Owner shall deliver written notice to the Association advising it of the proposed transaction and the names and addresses of all transferees and Mortgagees involved. If any assessment is due and owing by the Owner and his grantee or Mortgagee has actual or constructive notice thereof, his grantee or Mortgagee shall apply the proceeds of any such transaction to the payment of delinquent amounts due the Association before paying or disbursing any amount to the Owner. The grantee of a Site shall be jointly and severally liable with his granter for all unpaid assessments against the latter up to the time of the grant or conveyance if such grantee assumes and agrees to pay such unpaid assessments, without prejudice to the grantee's right to recover from the granter any amounts paid by the grantee therefor. Upon written request and payment of such reasonable fee as may be set by the Association, the Association shall issue a written statement under signature of the Treasurer or other person designated by the Board to such grantee or Mortgagee verifying the status of all assessments or charges affecting the Site. Any statement as to the existence or amount of any delinquencies shall conclusively bind the Association. A First Priority Mortgagee, who takes title to a Site pursuant to the remedies in the Deed of Trust encumbering that Site shall take such Site free and clear of all unpaid assessments which became due after the Mortgage was recorded in the Jefferson County, Colorado records and the lien therefor. 7.8 Assessments for TortLiability. In the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Common Expense. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principle regarding liability for negligent or willful acts or omissions. 7.9 Alternative Dispute Resolution. Pursuant to the requirements of C.R.S. 38-33.3- 209.5, the Association shall provide the opportunity for any Owner who feels that any act or policy of the Association is contrary to this Declaration, or rules and regulations of the Association, to request Alternative Dispute Resolution (ADR) with the Association. The Association Board may appoint a representative of the Board to participate in ADR with the Owner. The ADR must be demanded of the Association Board in writing by the Owner within ten days of any action of the Board that the Owner seeks to challenge. ADR shall take place using a third party mediator and shall take place within twenty days of the written demand. That mediator can be a private party or, if available, the Office of Dispute Resolution (ODR) within the Colorado Judicial Branch. The cost of mediation shall be borne by the parties equally. In the event that ADR is not successful, then the parties shall have the right to seek relief as provided by law. VIII. DESTRUCTION, DAMAGE AND OBSOLESCENCE Page 16 of 25 8.1 Association as Attorney -In -Fact. Upon the destruction, damage, obsolescence or condemnation of the Property, the Association's power to act as attorney-in-fact for each Owner shall continue pursuant to Section 5.3, except that when acting under this Article the Association shall have authority, subject to any rights of approval specified in this Section, to deal in any manner with the entire Property or any part thereof in order to accomplish the purposes set forth herein. If the Association is dissolved or defunct, a meeting of the Owners shall be held promptly to elect a new attorney-in-fact to deal with the Property upon its destruction, damage, obsolescence, or condemnation. The selection must be approved by Owners of sixty-seven percent (67%) or more of the votes outstanding and entitled to be cast under the By -Laws. 8.2 Revocation of Declaration. If there is destruction rendering eighty percent (80%) or more of the Units uninhabitable, this Declaration may be revoked upon the written consent by Declarant (without regard to whether or not Declarant then owns a Unit) and if Owners holding eighty percent (80%) or more of the votes of the Association so elect at a special meeting held within ninety (90) days of the event causing the destruction. It shall be the Owners' responsibility to send written notice of such revocation to all Mortgagees as provided in Section 13.6. 8.3 Use of Insurance Proceeds. The proceeds collected from any insurance purchased by the Association shall be available to the Association for itself as owner of any Association Property and as attorney-in-fact for the owners. Any such proceeds shall be used for the purpose of Maintenance unless the Owners decide to terminate this Declaration in which case the insurance proceeds will be distributed according to the provisions of Section 11.3. In the event of Maintenance, all present and future Mortgagees hereby release all right to the proceeds under all insurance policies purchased by the Association. 8.4 Special Assessments . In order to raise the remainder of the funds required for Maintenance after the application of any proceeds of insurance, the Association may levy one or more special assessments. The Association shall have the right to require a larger contribution from fewer than all owners under any legal or equitable principle regarding liability for negligent or willful acts or omissions. 8.5 Estimates, Notice and Duty to Maintain. If there is any destruction of the Property, the Association shall cause to be prepared an estimate of the damage and the cost of Maintenance, an inventory of the Association's funds from all sources (including insurance) which are available for such Maintenance, and an estimate of the assessment against each Site which would be necessary to enable the Association to meet such Maintenance costs in full. The Association shall promptly deliver a summary of such information to each Owner. In the event of damage, destruction, or obsolescence of any Unit, or any portion thereof, or any part of the Common Areas, exceeding a Maintenance cost of Seventy -Five Thousand Dollars ($75,000), then each Unit Owner shall promptly notify their respective First Priority Mortgagee with an interest in the damaged or obsolete Page 17 of 25 property with written notice of any such damage, destruction, or obsolescence. 8.6 Mandatory Maintenance. In the event of damage or destruction due to fire or other disaster, if the insurance proceeds are sufficient to reconstruct the improvements, the Association shall promptly cause such Maintenance to occur. Assessments for Common Expenses shall not be abated during the period of insurance adjustments and repair and reconstruction. 8.7 Plan for Maintenance. Owners of eighty percent (80%) or more of the total votes outstanding and entitled to be cast under the By -Laws may agree that the Property, or a substantial part thereof, is obsolete and may adopt a written plan for Maintenance. The Association shall duly record such plan in the office of the Clerk and Recorder of Jefferson County, Colorado. 8.8 Payment for Maintenance. Assessments for the expense of Maintenance shall be subject to the apportionment, collection and refund provisions set forth under Article VII. Dissenting Owners shall not be relieved of their obligation to pay a proportionate share of any Maintenance Expenses . IX. TAKING BY EMINENT DOMAIN 9.1 Taking of Common Areas. If Common Areas are taken or condemned by any authority having the power of eminent domain, all compensation and damages on account of the taking of the Common Areas, exclusive of compensation for consequential damages to affected Sites, shall be payable to the Association for itself and as attorney-in-fact for the Owners . Such proceeds shall be used promptly by the Association to the extent necessary for Maintenance of such remaining Common Areas in as substantial compliance to the original or subsequent plan of development as possible. If there is an award in excess of the amount necessary to so substantially Maintain such remaining Common Areas, it shall, at the Board's discretion, be either refunded to the Owners or retained by the Association for such uses as the Board deems appropriate. 9.2 Partial Takings. If some but fewer than all Sites are taken by any authority having the power of eminent domain, the Owners thereof shall automatically cease to be members of the Association and all compensation and damages on account of the taking, exclusive of compensation for consequential damages to affected Sites, shall be payable to the Association for itself and as attorney-in-fact for the Owners. The Association shall in good faith reasonably allocate the condemnation award among compensation, damages, or other proceeds and shall apportion the amount so allocated among the affected Owners as follows: (a) the respective amounts allocated to the taking of or damage to a particular Site and to the improvements an Owner has made within his own Unit shall be apportioned to the Page 18 of 25 particular Site involved; (b) the total amount allocated to taking of or injury to Common Areas shall be apportioned among the Sites dedicated on the Map proportionate to their Owners' interests described on Exhibit A (as amended from time to time); and (c) the total amount allocated to severance damages shall be apportioned to those Sites which were not taken or condemned. 9.3 Total Taking. If all the Sites shall be taken or condemned by any authority having the power of eminent domain, this Declaration shall terminate, and the Association shall commence winding up its affairs in liquidation. Unless otherwise ordered by a court of competent jurisdiction, the total condemnation award shall be distributed as provided in Section 11.3 . 9.4 Defenses and Claims Against Condemning Authority. The Association shall have sole responsibility to defend against any petition in condemnation on behalf of all Owners and the Association. The Association's duty hereunder shall extend, without limitation, to challenging any legally insufficient petition and seeking adequate compensation for all Owner interests affected. However, nothing in this Section shall prevent any Owner from joining the condemnation proceedings and petitioning on his own behalf for damages relating to the value of his Site, any interest therein, or any other legally compensable item. 9.5 Owners' Claims . When all or part of the property is taken by eminent domain, each owner shall have the exclusive right to claim all of the award made for his personal property or any relocation, moving expense or other similar allowance. 9.6 Mortgagee Rights. If the Common Areas, or any portion thereof exceeding a fair market value of ten thousand dollars ($10,000), or any Site, or portion thereof, is made the subject matter of a condemnation or eminent domain proceeding, then the holder of any First Priority Mortgage affected thereby shall be entitled to timely written notice by the Owner of such proceeding. X. INSURANCE 10.1 Coverages. The Association shall maintain, to the extent reasonably available, the following insurance coverages with one or more companies that have an A.M. Best general policyholder's rating of at least B and a Class III financial size category, or that reinsure with a company having such a rating and category, or if the policy is written by Lloyd's of London, except that if the Association elects to include blanket coverage for all Units, such company or its reinsurance company must be Lloyd's of London or have an A.M. Best general policyholder rating of Page 19 of 25 A and a Class V financial category: (a) Property and fire insurance written on a special form, including vandalism and malicious mischief, on the Common Areas, and their fixtures and building service equipment. The Association may elect to provide such insurance as blanket coverage for all Units, exclusive of furniture, furnishings, personal property, or improvements installed in Units by Owners. The total amount of insurance shall be one hundred percent (100%) of the replacement value of the insured property, exclusive of land, foundations, excavations and other items normally excluded from property policies. The following endorsements are required if they can be obtained: inflation guard, ordinance or law, and, if applicable, machinery coverage. The maximum deductible with respect to the Common Areas shall be ten thousand dollars ($10,000) or one percent (1%) of the policy face amount, whichever is lower, and with respect to Units covered by a master or blanket policy shall be one thousand dollars ($1,000) or one percent (1%) of the Unit's replacement cost, whichever is lower, which deductibles shall be included in the Association's operating reserve account. (b) Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the ownership, operation, Maintenance, or other use of the Property. This policy shall also cover operation of hired or non -owned automobiles on behalf of the Association. The policy shall be in an amount not less than one million dollars ($1,000,000) per injury, per person, per occurrence, with an umbrella liability limit of not less than one million dollars ($1,000,000) per occurrence. This policy shall contain a "severability of interest" endorsement. (c) As appropriate, workmen's compensation and employer's liability insurance in the amounts and forms required by Colorado law. (d) As appropriate, fidelity coverage against the dishonesty of employees, destruction, or disappearance of money or securities and forgery. This policy shall also cover persons who serve the Association without compensation. (e) Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of privacy and errors and omissions and other forms of liability generally covered in officers and directors liability policies . (f) If at any time, any part of the Property is in a Special Flood Hazard Area, designated as A, AE, AH, AO, Al -30, A-99, V, VE, OR VI -30 on a Flood Insurance Rate Map, the Association shall maintain a master policy of flood insurance to cover all of the Property, including without limitation the common Areas and the Units. The amount of insurance shall be at least equal to one hundred percent (100%) of the insurable value of the Property or, if lower, the maximum amount available under the appropriate National Flood Insurance Administration program. The Page 20 of 25 maximum deductible shall be five thousand dollars ($5,000) or one percent (1%) of the policy's face amount, whichever is lower, which deductible shall be included in the Association's operating reserve account. (g) Coverage against such other risks of a similar or dissimilar nature as the Association deems appropriate. Such insurance shall be at standard premium rates as established by the Colorado Insurance Commissioner. No policy shall be obtained where: (i) contributions or assessment may be made against the Mortgagor or Mortgagee's designee under the terms of the insurance company's charter, by-laws or policy; (ii) by the terms of the carrier's charter, by-laws or policy, loss payments are contingent upon action by the company's board of directors, policy holders or members; or (iii) the policy includes any limiting clauses (other than insurance conditions) which could prevent Mortgagees from collecting insurance proceeds. 10.2 Named Insured and Interests. Policies of property insurance shall name the Association as the insured and the person to which payment is to be made as owner of the Association Property and as attorney-in-fact for all Owners and First Priority Mortgagees. Such policies shall provide that they may not be cancelled or substantially modified by the insurance company until after at least thirty (30) days' prior written notice is first given to each Owner and the Association. The Board shall not alter, to the detriment of the owners or First Priority Mortgagees, the policy or policies without at least thirty (30) days' prior written notice to each Owner and the Declarant. Certificates or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and upon request, to any owner or Mortgagee. The Board shall be allowed, however, to change carriers, at the discretion of the Board, to substitute equivalent coverage, if such coverage is less expensive to the Association. 10.3 Invalidation or Reduction of Coverage. Insurance policies carried pursuant to Section 10.1 must provide the following: (a) that the insurer waives its right to subrogation under the policy against any Owner, his Lessee and their families, and Occupants; (b) that no act or omission by any Occupant will void the policy or be a condition to recovery under the policy, unless that person is acting within the scope of his authority as an officer of the Association or as a member of the Board; and (c) that if, at the time of a loss under the policy, there is other insurance in the name of an Owner or his Lessee covering the same property covered by the policy, the policy is primary insurance not contributing to the owner's individual insurance. Page 21 of 25 10.4 Other Insurance. An owner, Lessee or Occupant shall purchase such additional insurance as they deem appropriate for their own benefit providing any such insurance contains a waiver of subrogation. XI. TERM, REVOCATION AND AMENDMENT OF DECLARATION 11.1 Term of Declaration. The term of this Declaration shall be perpetual. 11.2 Revocation of Declaration. This Declaration may be revoked if Declarant (without regard to whether or not Declarant then is the owner of a Unit) and all of the Owners agree to such revocation by an executed, acknowledged instrument duly recorded in the office of the Clerk and Recorder of Jefferson County, Colorado. The Unit Owners shall send written notice of any such revocation to all Mortgagees as provided in Section 13.6. Except in the case of a taking by condemnation, an abandonment or termination provided by law, or as otherwise provided in Article Vlll, the prior written approval of each First Priority Mortgagee will be required for the abandonment or termination, by act or omission, of this Declaration . 11.3 Disbursement of Proceeds. Except as otherwise provided in this Declaration or by law, all proceeds from sale of the Common Areas or from condemnation and all amounts recovered under any insurance policy shall be allocated among the Sites dedicated on the Map proportionate to their interests described on Exhibit A. The funds allocated to each Site shall be disbursed, without contribution from one Owner to another, by the Association for the following purposes and in the following order: (a) payment in full of the customary expenses of the transaction; (b) payment in full of the allocable taxes and special assessment liens in favor of any Governmental assessing entity; (c) payment in full of the balance of the lien of any First Priority Mortgage on the Site; (d) payment in full of allocable unpaid Common Expenses and t11c unpaid costs, expenses and fees incurred by the Association; (e) payment in full of recorded junior liens and encumbrances on the Site in the order of and to the extent of their priority; and (f) payment of any balance to the Owner. 11.4 Amendment of Declaration and Exhibit A Map. Except as otherwise set forth herein, Page 22 of 25 this Declaration shall be amended if Owners holding sixty-seven percent (67%) or more of the total votes outstanding and entitled to be cast under the By -Laws agree thereto by an executed instrument duly recorded in the office of the Clerk and Recorder of Jefferson County, Colorado. Except as otherwise specifically provided in this Declaration, the Map may only be amended if Owners holding one hundred percent (100%) or more of the total votes outstanding and entitled to be cast under the By -Laws agree thereto by an executed instrument duly recorded with the Jefferson County, Colorado Clerk and Recorder. XII. EXPANSION OF PROJECT No expansion of the Project shall be allowed without the approval of 100% of the Owners entitled to vote. XIII. MISCELLANEOUS 13.1 Declarant's Rights Transferable. Any right or interest of the Declarant established or reserved in this Declaration may be transferred by Declarant, as an individual Owner, to a successor Owner as recorded in the records of the Clerk and Recorder of Jefferson County, Colorado. 13.2 Number and Gender. Unless the context shall otherwise provide, a singular number shall include the plural, a plural number shall include the singular and the use of any gender shall include all genders. 13.3 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and maintenance of a residential community and for the Maintenance of the Common Areas. Exhibits attached hereto shall be considered a part of this Declaration for all purposes as if fully incorporated herein. Any reference to an Exhibit shall be deemed to include any supplements thereto unless specified otherwise. 13.4 No Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Property to the public or for any public use. 13.5 Notices.. (a) Manner of Serving Notice. Any notice permitted or required under this Declaration shall be in writing and delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered forty-eight (48) hours after a copy has been deposited Page 23 of 25 in the United States mail, postage prepaid for first class mail and addressed in accordance with paragraph (b) or (c) of this Section. (b) Owners' Mailing Addresses. Regardless of the number of persons or entities holding title to a Site, notice shall be deemed to have been properly mailed if it is addressed to the person or entity last known by the Association to be the Owner at the address given in the records of the County Tax Assessor for Jefferson County, Colorado. An Owner, or multiple Owners of a single Site, may register with the Association, in writing, not more than one alternate address where notices may be mailed on behalf of the Site. Such alternate address shall continue as the official mailing address for the Site until the Association receives written notice of a change in the alternate address. (c) Association's Mailing Addresses. Any notice to the Association shall be sent to such address as it may from time to time designate in writing to each Owner. (d) Declarant's Address. Any notice to the Declarant shall be sent to the list of Declarant's as set forth in the addresses set forth at the end of this Declaration, or their successors as recorded in the records of the Jefferson County Clerk and Recorder. (f) Notice Among owners. Any Owner or owners desiring to give any other Owners notice of matters affecting the Property may have reasonable access to the Association's mailing lists and may otherwise follow the procedures set forth in this section. 13.6 Mortgage Rights. Any holder of a First Priority Mortgage will, upon request, be entitled to: (a) inspect the books and records of the Association during normal business hours; (b) receive financial statements of the Association within ninety (90) days following the end of any fiscal year; (c) receive written notice of meetings of the Association and be permitted to designate a representative to attend all such meetings; and (d) receive written notice of any default on the part of its respective Mortgagor (s) regarding any obligations imposed under this Declaration which are not cured within thirty (30) days 13.7 Deed Restrictions. Each Site and Unit is subject to certain restrictions as set forth in this Declaration. Such instrument includes provisions relating to Mortgagee rights, notice requirements and resale, lease and use controls for Sites and Units, which provisions (as amended from time to time) are hereby incorporated by this reference . In the event of any inconsistency Page 24 of 25 between the provisions of such instrument and this Declaration, the provisions of such instrument shall control. 13.8 Disclaimer. Except as expressly set forth in this Declaration, or in an instrument in writing expressly referencing this Section 13.7, no representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the operation, maintenance, cost of maintenance, taxes or regulation of the Property as a planned development. 13.9 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforcement of any other portion hereof. DECLARANT: CHARLES S. OCHSNER President of the Board of Directors of the SOMERSET HOMES CONDOMINIUMS ASSOCIATION, now known as the SOMERSET HOMES TOWNHOMES ASSOCIATION STATE OF COLORADO ) ss. County of JEFFERSON ) The foregoing instrument was acknowledged before me this day of April, 2015, by CHARLES S. OCHSNER. Witness my hand and official seal. My commission expires Page 25 of 25 Q I'M _W X W U) W O 2 g z ryfo s ��u O h�0 ,J °ate. (n a " o LLJ N e 0<. LL Y) L.L LU 2E O U) ahhaas z e- i =1 u ars I S 1 k H u pj O ib �y t b u xrro E S u im > pQ as�� Y h q ms iuwuar> c All y y Y y !i ¢q�'QRp■ppo ■ aa4 Y fi ib � 0 ahhaas 3W13ffi2H1 =1 u ars I S 1 k H u pj Y. 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S W W o O ❑ Naz ~ �_Qo zF— —i W ■ ��w O W Lu ❑ ° 5W LU LU _U d ~ V W ❑ U lit W �za 0 z cn Q J a a i @��ybaJ ec■3 R R R 4 -cry F opp a gg:'PIN 5A € F ° R bI aS7segii 9 $ gbt ,, z gg X1. §j a .� agg ys$iiF y6ytt°F y tly 5 @ La G i pt gg33 C 14 .e t a 6 FL �� .PI `F c 6 .4 ■ Ri ■ � J u ar' yf u o�nai u p u arra T =^ u urgnvt : 'i ^1 av wao.is:v- a i @��ybaJ ec■3 R R R 4 -cry F opp a gg:'PIN 5A € F ° R bI aS7segii 9 $ gbt ,, z gg X1. §j a .� agg ys$iiF y6ytt°F y tly 5 @ La G i pt gg33 C 14 .e t a 6 FL �� .PI `F c 6 .4 ■ Ri ■ � g RI g b D$ D Yb Y� Its sy sf9 i$ I N a i @��ybaJ ec■3 R R R 4 -cry F opp a gg:'PIN 5A € F ° R bI aS7segii 9 $ gbt ,, z gg X1. §j a .� agg ys$iiF y6ytt°F y tly 5 @ La G i pt gg33 C 14 .e t a 6 FL �� .PI `F c 6 .4 ■ Ri ■ City of �/ Wheat e COMMUNITY 13EVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. January 7, 2015 Mr. Chuck Ochsner 5440 Ward Rd., #230 Arvada, CO 80002 Dear Mr. Ochsner: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of December 8, 2014, City Council recommended APPROVAL of Case No. WZ- 14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48`h Avenue for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26- 303.D of the Code of Laws. 4. All requirements of an Outline Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. At the same meeting, City Council recommended APPROVAL of Case No. WZ-14-05, a resolution for a Specific Development Plan (SPD) for a Planned Residential Development (PRD) for property located at 6904-6940 W. 48`' Avenue, for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26- 303.D of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. www.ci.wheatridge.co. u s City Council also recommended APPROVAL of Case No. WS -14-01, a resolution approving a 19 -lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48`h Avenue for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat had been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. Please coordinate with Lauren Mikulak for the recordation process. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, ik (V\,W k Kim Waggoner Administrative ssistant Enclosure: Draft of Minutes cc: WZ-14-05 & WS -14-01 (case file) SomersetCC.doc 1. Council Bill 15-2014 — approving the rezoning of property located at 6904-6940 W.48 th Avenue from Residential -Three (R-3) to Planned Residential Development (PRD) (Case No. WZ 14-05/Somerset) 2. Resolution No. 59-2014 — approving a specific Development Plan for a Planned Residential Development (PRD) located at 6904-6940 W. 48th Ave. (Case No. WZ-14-05/Somerset) 3. Resolution No. 60-2014 — approving a 19 -lot Subdivision Plat with Right-of-way dedication for property zoned Planned Residential Development (PRD) and located at 6904-6940 W. 48th Ave. (Case No. WS-14-01/Somerset) Councilmember Urban introduced Items 3, 4 and 5 as a unit. Mayor Jay opened the public hearing and swore in the speakers. Lauren Mikulak, city planner, gave the staff presentation. She entered into the record the case file and packet material, the zoning ordinance, the Comprehensive Plan and the digital presentation. All three agenda items relate to one property. These steps are necessary to convert the 19 existing condominiums to townhomes. The components are rezoning, an outline development plan and a subdivision. No physical development is being proposed. Chuck Ochsner (Arvada) said the goal is to take this from condos to townhomes so they are financeable. He owns 12 of them. WR2020 owns three. He would like to dispose of his units so they become owner occupied. WR2020 would be able to sell theirs as well. Mayor Jay closed the public hearing. For Agenda Item 3 Motion by Councilmember Urban to approve Council Bill 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W. 48th Avenue from Residential -Three (R-3) to Planned Residential Development, known as the Somerset Homes Townhomes PRD, on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26-303.D of the Code of Laws. 4. All requirements of an Outline Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Seconded by Councilmember Starker; carried 6-0. [Clerk's note: This Ordinance was later assigned Ordinance # 1561.] For Agenda Item 4 Motion by Councilmember Urban to approve Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Townhomes PRD and that it take effect upon recordation, for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26-303.D of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Seconded by Councilmember Starker; carried 6-0. For Agenda Item 5 Motion by Councilmember Urban to approve Resolution No. 60-2014, a resolution approving a 19 -lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48th Avenue for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat had been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. Seconded by Councilmember Starker; carried 6-0. Lauren Mikulak From: Lauren Mikulak Sent: Monday, December 15, 2014 9:28 AM To: Haack Joni Cc: Imrohlfing@comcast.net; 'Steven Lister' (sdlister101@gmail.com) Subject: Somerset - Final Comments Attachments: Somerset - Final Review Letter.pdf; Somerset - Final Redlines.pdf, Security Interest Holder Consent - Somerset.docx Good morning, As you may know City Council approved the Somerset Townhomes project, with the condition that a few outstanding typos be corrected and allowing lender signature blocks to be removed. Please refer to the attached final comment letter for remaining corrections and to-do items. I have also attached the template to be used for obtaining signatures from lenders. Please let me know if you have any additional questions. Thank you, Lauren E. Mikulak, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax: 303-234-2845 www.ci.wheatrid4e.co.us City rpt W hcat icic Cc)MMtiNtTY Divil-C)PMFN7 g CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of 9C0rAAJ Wheat�idge UNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. December 12, 2014 Mr. Chuck Ochsner 5440 Ward Road #230 Arvada, CO 80002 RE: Case Nos. WS -14-01 and WZ-14-05 Dear Mr. Ochsner: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your application for approval of a subdivision, outline development plan (ODP) and specific development plan (SDP) for property located at 6904-6940 W. 48th Avenue. City Council approved the documents on Monday, December 8 with a few conditions allowing us to correct typos and modify the lender signature blocks. Below I have requested a few final revisions and provided a to-do list outlining the outstanding items that are needed to finalize this application. ODP 1. On sheet 1, please correct the WR2020 signature block to read "Wheat Ridge 2020, Inc."—see redline. ✓ 2. On sheet 2 in the setback table for Lot 2-19, please remove the text "(North)"—see redline. SDP 3. On sheet 1, please correct the WR2020 signature block to read "Wheat Ridge 2020, Inc."—see redline. Plat 4. On sheet 1, please correct the WR2020 signature block to read "Wheat Ridge 2020, Inc."—see redline. 5. On sheet 3 under the tract purpose statements, please correct the spelling of "accessory" in the seventh paragraph—see redline. 6. All lender signatures will be obtained by separate document. Attached is a copy of the template to be used for lender signatures. For each lender, please fill in the appropriate fields (highlighted in yellow). I will fill in the reception number and date when the plat is recorded. On Sheet 2 of the plat, please remove all signature blocks for lenders and replace with the following text: www.ci.w heatridge.co.us Lenders' Consent Lenders' consent to the creation of Somerset Homes Townhomes Final Plat has been / attained and was recorded with the Jefferson County Clerk and Recorder at reception numbers This concludes the summary of comments. The following steps outline what needs to be completed to finalize the applications: 1. Make corrections and email Adobe pdf files for approval. 2. After City of Wheat Ridge approval, print all documents on mylar with the following margins: 1" minimum on top and ``/z" minimum on all sides. 3. Route all mylars and separate consent documents to obtain notarized signatures from all owners and lenders as well as surveyor stamp and signature. 4. Submit to the City of Wheat Ridge the following documents: a. Signed plat b. Signed ODP c. Signed SDP d. Signed security interest holder consent documents e. Copy of covenants/HOA documents that verify all common areas will be maintained by the HOA. f. Electronic file with final pdf and dwg files (this may be submitted by email or as a cd or flash drive) g. County recording fees (assuming 5 single -sheet lender forms and 7 mylar sheets, this fee will be $128) 5. Once all of the above documents are received, I will route the mylars for City signatures and will record mylars and lender consent documents with the Jefferson County Clerk and Recorder. If you have any questions or need further clarification, please feel free to contact me directly at 303-235-2845. Sincerely, fo,�A� Lauren E. Mikulak, AICP Senior Planner cc: Steve Lister Joni Haack Linda RohUiing 2 SECURITY INTEREST HOLDER'S CONSENT [name of lender] Somerset Homes Townhomes Final Plat The undersigned [lender name], as beneficiary of a certain Deed of Trust dated [date] and recorded [date] at Reception No. [number] hereby consents to and approves the Somerset Homes Townhomes Final Plat recorded on at Reception No. Name of Security Interest Holder Signature Name and Title Date State of ) SS County of The foregoing security interest holder's consent was acknowledged before me this day of , 201_, by My commission expires: Notary Public (SEAL) WZ-14-05 & WS -14-01 6904-6940 W. 48'1' Ave Request for approval of a rezoning, specific development plan, and subdivision plat City Council December 8, 2014 -,may --- –f w ,: � .r�•�; r 1! F FtX1U L 3 4- 'A - Ir `f Vicinity Map and Zoning � Existing Conditions– looking south into the site Request • Approval of 19 -lot subdivision plat — To create townhouse lots • Approval of Outline Development Plan (ODP) – To rezone to PRD • Approval of Specific Development Plan (SDP) – To legitimize existing site plan; required for PRD Order of Approvals • Item 4 - Council Bill 15-2014 – Rezoning to PRD • Item 5 - Resolution No. 59-2014 – Specific development plan • Item 6 - Resolution No. 60-2014 – Subdivision plat City of W eat fidge l �J s \ Joh SeywI- ITEM NO: DATE: December 8, 2014 REQUEST FOR CITY COUNCIL ACTION 400 TITLE: COUNCIL BILL NO. 15-2014- AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL -THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-14-05 / SOMERSET) ® PUBLIC HEARING ❑ ORDINANCES FOR IT READING (10/27/2014) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (12/08/2014) ❑ RESOLUTIONS QUASI-JUDICIAL: ij ® YES DeLelovmkht bireetor —vO a", J -AW City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W. 48'h Avenue. The proposed rezoning area includes 0.91 acres. The purpose of the request is to allow the conversion of 19 existing condominiums to townhomes. There is no new development being proposed at this time. The request will simply allow a change in the type of ownership and will allow the platting of 19 townhome lots, the size and density of which is not permitted under current zoning. Approval of the Outline Development Plan is the first step in the City's approval process for a PRD. This request is the first in a series of three related cases. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16, 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. City Council adopted the attached council bill on first reading on October 27, 2014. Case No. WZ-14-05/Somerset Council Action Form — Somerset Rezoning December 8, 2014 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site. Fees in the amount of $1,064 were collected for the review and processing of the Outline Development Plan. BACKGROUND: The property is located at 6904-6940 W. 48'h Avenue in the northeast quadrant of the City. The property is currently zoned Residential -Three (R-3) which allows for single-, two-, and multi- family development. The subject site is 39,626 square feet (0.91 acres) in size and includes 19 condominiums in two primary structures. A detached single -story dwelling originally built in 1957 is located at the north end of the property. Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condos were built in 1983. A carport with 21 spaces is located along the eastern property line. Surrounding Land Uses The site is embedded in a neighborhood and is surrounded by other residentially zoned properties. To the north, east, and west are properties zoned Residential -Two (R-2) containing single- and two-family homes. To the south along Quay Street are properties zoned R-3 with multi -family and two-family residences. Current and Proposed Zoning The purpose of the zone change request from Residential -Three (R-3) to Planned Residential Development (PRD) is to allow the conversion of the existing 19 units from condominiums to townhomes. There is no new development being proposed at this time; but a change in the type of ownership is desired for several reasons. Financing for townhomes is currently much easier to obtain than for condominiums. Several owners are seeking to sell their condos but are unable to do so in today's market conditions. The ability to sell the units as townhomes will provide new options for affordable homeownership in the City and may promote owner occupancy. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the air space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land, the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed because 19 small townhome lots are not otherwise permitted in the R-3 zone district. As part of the zone change, the applicant has prepared an Outline Development Plan (ODP) which establishes zoning and development standards. Because no new development is proposed at this time, the ODP includes minimum and maximum standards that allow the existing conditions but also have enough flexibility to accommodate minor modifications in the future. The ODP is enclosed as an attachment to the Planning Commission report. Council Action Form — Somerset Rezoning December 8, 2014 Page 3 Related Applications Approval of a Specific Development Plan and subdivision plat are also required to finalize the PRD zoning and to create townhome lots. These two documents are approved by resolution and are described in separate Council Action Forms. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W. 481h Avenue from Residential -Three to Planned Residential Development, known as the Somerset Homes Townhomes PRD, on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-303.13 of the Code of Laws. 4. All requirements of an Outline Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation." Or, "I move to deny Council Bill No. 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W. 48`h Avenue from Residential -Three to Planned Residential Development for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2014 2. Planning Commission Meeting Minutes 3. Planning Commission Staff Report CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 15 ORDINANCE NO. Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL -THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ 14-05 / SOMERSET) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a zone change to the Planned Residential Development zone district for property located at 6904-6940 W. 48th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for increased homeownership opportunities and stable neighborhoods; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Somerset Homes Condominiums Homeowners Association for approval of a zone change ordinance from Residential Three (R-3) to Planned Residential Development (PRD) for property located at 6904-6940 W. 48th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Attachment 1 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.00a 13 27„ E. ALONG THE EAST LINE OF SAID NORTHEAST ONE- QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89043'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89°43'21"W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00'1 3 27 E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89043'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00013'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Section 2 Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge 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; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 27th day of October, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, December 8, 2014 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this day of , 2014. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form 1 St publication: November 6, 2014 uerala Uahl, City Attorney 2"d publication: Wheat Ridge Transcript: Effective Date: 1. 2. Ki Cid 5. 6. 16I le ]��Wh6atR:idgye PLANNING COMMISSION Minutes of Meeting October 16, 2014 CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:16 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present PLEDGE OF ALLEGIANCE Anne Brinkman Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Alan Bucknam Silke Popp Amanda Weaver Lauren Mikulak, Senior Planner Kim Waggoner, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 5-0. APPROVAL OF MINUTES — September 4, 2014 It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the minutes of September 4, 2014, as written. Motion carried 5-0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes September 4, 2014 Attachment 2 -I— 7. PUBLIC HEARING A. Case No. WZ-14-05 & Case No. WS -14-01: Ms. Mikulak presented the related cases together. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated there are no proposed physical changes to the property. The purpose of the zone change and subdivision requests is to convert the existing condominium units to townhomes. Commissioner DORSEY asked if there will be a townhome association and if the association will own the common drive. Ms. Mikulak replied yes. Commissioner DORSEY stated the townhome units will each own a carport and the common area will be owned by the association. Ms. Mikulak concurred. In response to Commissioner TIMMS inquiry, Ms. Mikulak stated each owner authorized the President of the Condo Association to represent them in the application. Commissioner TIMMS inquired why the owners wanted to convert the condos to townhomes. Ms. Mikulak stated due to the difficulty in getting financing and to increase the property value. Commissioner TIMMS inquired about the number of owner occupied units and rental units. Ms. Mikulak replied she does not know. There was some discussion about the stairs for unit number fifteen. They are shared by several units and are therefore part of the commonly owned Tract A. Chair BRINKMAN opined the drainage area at the southwest corner is not effective. Ms. Mikulak stated it is not intended to hold water but to convey it to the storm sewer. Chair BRINKMAN asked if Tract B is part of the HOA. Ms. Mikulak stated all tracts are commonly owned. Chair BRINKMAN asked if there will be a change in property taxes. Ms. Mikulak replied she did not know. Charles Ochsner 11748 W. 54`x' Pl, Arvada CO Mr. Oschner stated he is one of the nine owners and he owns twelve units and is a partner in the single family home. He said he purchased the units several years ago and did not intend to own them for this long. He and several other owners would have liked to sell Planning Commission Minutes -2— September 2— September 4, 2014 their units, but found the financing for condos is challenging or nonexistent. He said Wheat Ridge 2020 owns three units and is experiencing the same issue. The units were originally built as townhomes and recorded as condominiums. The goal is to make them more financeable. The common area remains exactly as it was before and each unit will have a specific carport and the property taxes will increase. Chair BRINKMAN opened the public hearing. Britta Fisher Executive Director of Wheat Ridge 2020 Ms. Fisher stated the reason WR2020 got involved was to do significant exterior/interior renovations. She said this is the next step to accomplish the initial goal of selling the units to promote affordable homeownership. Jennifer Jacobson 6906 w. 48th Ave. Ms. Jacobson stated the units are an affordable entry into Wheat Ridge. This needs to become a financeable opportunity for families coming to Wheat Ridge. She would appreciate the opportunity to sell as she would like to buy a larger property in Wheat Ridge. Chair BRINKMAN closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48" Ave, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Motion carried 5-0. It was moved by Commissioner OHM and seconded by Commissioner TIMMS to recommend approval of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904-6940 W. 48th Avenue, for the following reasons: 1. All utility agencies can provide services to the property. Planning Commission Minutes -3— September 3— September 4, 2014 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. If lender signatures are obtained by separate document, they shall be removed from the plat prior to recordation. Motion carried 5-0. Ms. Mikulak stated the application will be heard by City Council on December 8, 2014. 8. OTHER ITEMS A. Ms. Mikulak stated public hearings are scheduled on November 6 and 20. Commissioner TIMMS stated he is unavailable on November 6. B. Chair BRINKMAN inquired about upcoming code changes. Ms. Mikulak stated staff has started to review and prioritize topics for 2015 such as lighting, cell towers, potentially accessory dwelling units and signs. C. Chair BRINKMAN asked when the Commission will vote for Chair. Ms. Mikulak replied in January 2015. 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY to adjourn the meeting at 7:55 p.m. Motion carried 5-0. Scott Ohm, Vice Chair Planning Commission Minutes September 4, 2014 Kim Waggoner, Recording Secretary -4— 19 City Of Wh6at)idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 16, 2014 CASE NO. & NAME: WS -14-01 and WZ-14-05 / Somerset ACTION REQUESTED: Request for approval of a 19 -lot subdivision and a zone change from Residential - Three (R-3) to Planned Residential Development (PRD) for the purpose of converting existing condominiums to townhomes LOCATION OF REQUEST: 6904 — 6940 W. 48' Avenue APPLICANT(S): Somerset Homes Condominium Association PROPERTY OWNER(S): Somerset Homes Condominium Association; 6904 481', LLC; Tamara Manthey; Jennifer Jacobson; Robert P. Keenan, II; Aimee Sorensen; Wheat Ridge 2020, LLC; BDI Properties, LLC; Charles S. Ochsner; and John Zook APPROXIMATE AREA: 39,626 Square Feet (0.91 Acres) PRESENT ZONING: Residential -Three (R-3) PRESENT LAND USE: Multi -family residential (18 attached condominiums and 1 detached) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset Attachment 3 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 19 -lot subdivision plat and a zone change from Residential - Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W. 48`h Avenue. The purpose of the request is to allow the conversion of existing condominiums to townhomes. There is no new development being proposed at this time; the request will simply allow a change in the type of ownership. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the living space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land, the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed. Based on the number of lots, the plat is processed as a major subdivision. The zone change request to a planned development includes an Outline Development Plan (ODP) and Specific Development Plan (SDP). For both the plat and for the zone change, the Planning Commission will make a recommendation to City Council which is the final authority for approval. II. EXISTING CONDITIONS The property is located at 6904-6940 W. 48`h Avenue in the northeast quadrant of the City. The site is currently zoned Residential -Three (R-3) and is surrounded by other residentially zoned properties (Exhibit 1, Zoning Map). To the north, east, and west are properties zoned Residential -Two (R-2) containing single- and two-family homes. To the south along Quay Street are properties zoned R-3 with multi -family and two-family residences. The subject site 39,626 square feet (0.91 acres) in size. The site includes a detached single family home at the north end of the property. The home was built in 1957 and is a single -story in height. It is approximately 1,150 square feet in size and has a narrow private driveway along the western property line (Exhibit 2, Aerial). Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condominiums were built in 1983. The interior of the property provides parking for tenants and visitors, including carports along the eastern property line and open spaces in the middle of the site. The majority of the landscaping on the property is located in the north portion of the site with smaller landscape areas in front of each unit '.Photos). In addition to the primary frontage on W. 48`h Avenue, there is right-of-way adjacency at the southwest corner of the property at W. 47`h Place and Quay Street. This corner of the property includes mature landscaping and a drainage feature. Ownership of the property and units is divided among nine parties. Planning Commission Case No. WS -14-01 and W7-14-05 /Somerset III. PROPOSED ZONING The applicant is requesting a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) for several reasons. Under the current R-3 zoning, the minimum lot size requirement is 7,500 square feet and minimum lot width is 60 feet. Because the townhouse lots will be substantially smaller to align with the footprint of each dwelling unit, the lots cannot meet the minimum R-3 lot size standards. In terms of density, the property is considered legally nonconforming. Under current R-3 standards, the maximum permitted density is 12 dwelling units per acre. Based on the size of the property, only 10 units would be permitted under the current zoning. Under PRD zoning, maximum density is 21 units per acre, so the existing 19 units would be permitted. The City's process for rezoning to a Planned Residential Development requires two documents: an Outline Development Plan (ODP) which establishes the zoning, permitted uses, and development standards and a Specific Development Plan (SDP) which provides site plan details. In this application, the ODP and SDP were submitted together for review and reflect the existing conditions. Outline Development Plan The ODP includes two sheets Sheet 1 includes the legal description and required signature blocks. Sheet 2 includes development standards and a general layout of the site. Because no new development is proposed at this time, the ODP includes minimum and maximum standards that allow the existing conditions but also have enough flexibility to accommodate minor modifications in the future. Permitted uses and development standards vary based on the use areas of the site. Lot 1 is larger and allows for detached single family homes and typical accessory structures. The townhome parcels (Lots 2-19) only allow for attached townhomes. Home-based businesses and household pets are permitted accessory uses, but RV and boat storage is prohibited. Setbacks for the townhomes are 5 feet along the perimeter of the site. Lot 1 has larger setbacks consistent with other single family homes along W. 480'Avenue. Lot coverage maximums are based on the existing conditions. Specific Development Plan The SDP also includes two sheets with standard declarations on Sheet 1 and a site plan on Sheet 2 Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints, landscape areas, sidewalks, parking spaces, and existing setbacks. The townhomes are two story buildings with second story overhangs, landscaping at the front door, and paved back yard patios. If modifications to the site are proposed in the future an amended SDP would be required. IV. PLANNED DEVELOPMENT CRITERIA Criteria for the review of ODP and SDP documents are provided in section 26-303.D and 26-305.1), respectively. Staff has provided an analysis of these criteria below. Planning Commission shall base its recommendation in consideration of the extent to which the criteria have been met. Planning Commission Case No. WS -14-01 and WZ-14-05 / Somerset OUTLINE DEVELOPMENT PLAN O 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in an adverse effect on the surrounding area. The development has existed in the neighborhood for over 30 years. The applicant anticipates that a conversion from condos to townhomes may increase property values and increase homeownership which would benefit the community. Staff concludes this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. As described above, the existing density on the site is considered legal nonconforming under the current R-3 zone district. A Planned Residential Development is the only zone district that will allow for the platting of 19 townhome lots. Staff concludes this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public water and sewer districts. All utility agencies have indicated they can continue providing service to the property. No upgraded infrastructure is necessary. Staff concludes this criterion has been met. 4. At least one (1) of the following conditions exists: a. 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 city - approved policies or plans for the area. In the City's comprehensive plan, Envision Wheat Ridge (2009), the subject area is designated as "neighborhood." The existing dwelling units have been part of the established neighborhood for over 30 years, but as condominiums many are renter -occupied. Financing can be easier to obtain for the purchase of townhomes than for the purchase of condominiums. Currently, several units are owned by Wheat Ridge 2020 and a conversion to townhomes may enable sale of the units. Ultimately, the applicant anticipates that the conversion may help to promote homeownership. The goals of the comprehensive plan include improving neighborhood stability, property values, and homeownership; and the rezoning application promotes this goal. Staff concludes this criterion has been met. Planning Commission 4 Case No. WS -14-01 and WZ-14-05 / Somerset b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-3 zoning designation as it appears on the City's zoning maps. Staff concludes this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request neither responds to, nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. SPECIFIC DEVELOPMENT PLAN 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The purpose of a planned development is to promote well-designed and innovative new developments that may not be feasible in other zone districts. While the existing conditions of the site are not particularly notable from a design perspective, the planned development allows for townhome ownership which is not otherwise permitted in the City's standard residential zone districts. For this reason, the SDP is considered to be consistent with the purpose of a planned development. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the existing improvements on the property and with the proposed purpose of the outline development plan. Staff concludes this criterion has been met. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The SDP is consistent with the existing uses on the property and with the proposed use standards in the outline development plan. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. No new development is being proposed; the SDP shows existing conditions and does not propose any modifications to the design of the site. Staff concludes that this criterion is not applicable. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public sewer and water districts, and each unit is already metered separately for gas and electric service. All utility agencies have indicated they can continue providing service to the property. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards. The requirements of the Architectural and Site Design Manual and Streetscape Design Manual are triggered by new development and not by a zone change. Staff concludes that this criterion is not applicable. V. PROPOSED SUBDIVISION PLAT In order to convert the existing condominiums to townhomes, a subdivision plat is required to establish individual lots for purchase. The proposed plat is currently comprised of four sheets MWA proposed Plat). Sheet I is the declaration page and includes the legal description and required signature blocks for the city, county, and surveyor. Signature blocks for the nine owners span Sheets 1 and 2. In addition, Sheet 2 includes signature blocks for lenders. The applicant has requested that lender signatures be obtained by separate document to reduce circulation of the final mylar. This change will be made prior to recordation. Sheet 3 includes standard notes and site data tables. Sheet 4 shows the graphic layout of the subdivision, the features of which are described below. Planning Commission 6 Case No. WS -14-01 and WZ-14-05 /Somerset Lot Layout The lot layout is based on the locations of existing structures and shared walls between each attached dwelling unit. Lot 1 accommodates the detached single family home on the north portion of the site. The eastern property line of Lot 1 is irregular because it follows the existing edge of the landscaped side yard. Lots 2 through 19 will accommodate the 18 attached dwelling units and their respective front and back yards. These lots may only be developed as attached townhomes; this is memorialized on Sheet 3 in note 13. Tracts A series of tracts are established on the plat to accommodate existing shared improvements. The specific purpose of each tract is established on plat and summarized below: • Tract A is located in the middle of the site and includes the main driveway, the surface parking area, the trash storage area, and the sidewalk that extends along the front of all units. • Tract B is located at the southwest corner of the property and includes landscaping and drainage improvements. • Tract C is located at the northeast corner of the property and also includes landscaping and drainage improvements. • Tract D is located on the east side of the site and includes the existing carport structure. The boundary of Tract D is slightly larger than the footprint of the existing carports in order to accommodate any future reconstruction of the carport structure. • Tract E is located along the eastern property line and is coterminous with a 5 -foot wide utility easement. All tracts will be owned and maintained by the homeowners association. Easements Five-foot utility easements are provided along the perimeter of the subdivision. Drainage easements are provided as needed and based on the location of existing improvements. During review of this application, it became apparent that a 21" pipe is located under the existing carport structure. To protect the existing infrastructure, a 6 -foot drainage easement traverses Tract D. A note on the plat requires Public Works review of any alteration to the carport to ensure that the pipe is not impacted. Right-of-way Dedication A narrow sliver of right-of-way is being dedicated by plat at the southwest corner of the property. West 47h Place is substandard in width (40 feet), and the corner of W. 47`h Place and Quay Street intersects at a right angle instead of a curve. The subject property has minimal adjacency to the street, but a small area is being dedicated for a standard curved intersection. This area is less than 20 square feet in size. VI. AGENCY REFERRALS All affected service agencies were contacted for comment on the zone change and subdivision plat regarding the ability to serve the property. Specific referral responses follow. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset Wheat Ridge Public Works: The application has been reviewed and approved. Wheat Ridge Building Division: The original Certificates of Occupancy recognize the attached units as townhomes, so no action related to building code is required. Wheat Ridge Fire District: Deferred to Building Division comments in regards to building codes; no additional requirements. Wheat Ridge Sanitation District: Can serve; conversion to townhomes does not impact ability to serve the property. Xcel Energy: Can serve. Wheat Ridge Water District: No comment. Comcast Cable: No comment. Century Link: No comment. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed Planned Residential Development and accompanying Outline and Specific Development Plans are consistent with the goals and policies of the City's comprehensive plan. A conversion to townhomes may promote neighborhood stability and home ownership. With no proposed redevelopment, staff concludes that the rezoning will not adversely affect the health, safety, and welfare of the community. Staff further concludes that the proposed subdivision plat is compliant with the proposed PRD zone district regulations and results in a logical lot layout for the existing development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property. For these reasons, Staff recommends approval of the zone change and subdivision plat with the conditions listed below. VIII. SUGGESTED MOTIONS A motion to approve the zone change must precede a motion to approve the subdivision plat. ZONE CHANGE Option A: "I move to recommend APPROVAL of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904 — 6940 W. 481, Avenue, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Option B: "I move to recommend DENIAL of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904 — 6940 W. 480i Avenue, for the following reasons: 1. 2. 3. " SUBDIVISION PLAT Option A: "I move to recommend APPROVAL of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904 — 6940 W. 480i Avenue, for the following reasons: 1. All utility agencies can provide services to the property. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. Option B: "I move to recommend DENIAL of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904 — 6940 W. 48h Avenue, for the following reasons: Planning Commission 9 Case No. WS -14-01 and WZ-14-05 /Somerset s t_ 40mm — 'Muth detached `. • - • single-family homO t 41 of �� .'� _, ^ L • � _ � _+„',� 7w lu Joe carports ♦ 98 attached �• dwelling units i � o �.dJ lJ�ll.11�17 ` • •. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset View of attached townhomes with overhanging second floor and landscaping at front door. 13 N 1/4 CORNER OF THE NE 1/4 SECTION 23, 3 1/4' ALLOY CAP IN RANGE POINT BOX CAP STAMPED 'LS 13212' (WCP#i 3709. N. 71111244, E 118427.57) _-x��-_ - o ;a ^ I I I I I I I I I ZONED R-2 PART OF LOT 27 COULEHAN GRANGE u \ I SUBDIVISION TVI N� �o I 1 I 9 1 2 ZONED R-2 PART OF LOT 27 F I COULEHAN GRANGE g SUBDIVISION I i3 I J I : I I RICHT-OF-WAY AREA I HEREBY DEDICATED BY '46'33'E 26.30 THIS PLAT. SEE DETAIL EA$Et/ENT: ` 541'2211.6'`E :',�.•i c I W. 47TH PLACE € I SW 1/4 STICTION 23. 40' RIGHT-OF-WAY BY PLAT OF )F 3 1/4' ALLOY CAP IN RANGE PONT BO%. - LEPPLA NA 10R SUB CAP STAMPED 'LS 13212' 19A (WCPj14709. 3 N. 70846552 E 118435.38) o s /f ia SOMERSET HOMES TOWNHOM FINAL PLAT A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, STH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 4 OF 4 NORTHEAST CORNER SECTION 23. 3 1/4' BRASS CAP IN RANGE POINT BOX CAP STAMPED 'LS 13212' (CITY MONUMENT/ 13109. N 71112516 112105Z84" WEST 46TH AVE AND POINT OF COMMENCEMENT. RIGHT-OF-WAY F -WAY N89'43'21•E 2825.J0' � NORTH UNE NORTHEAST 1/4, SECTION .J- 5' UTILITY EASEMENT DEDICATED BY THIS PLAT. Lot 1 Lot 2 9'E Lot 3 D'E Lot 4 9'E Lot 5 9•E Lot 6 9'E Lot 7 D'E Lot 8 9'E Lot 9 D'E Lot 10 D9•E Lot II 9'E Lot 12 u $ n SRI TRUE POINT I OF BEGINNING 133'30' 13200' .� F' SSI. 253.00' TRACT C STORMWATER e.!), DRAINAGE AREA 1.075 5a. FT. 25 ACRES 5' UTILITY I + o N . 3. .E 46. 0.0 EASEMENT 9A '46'33'E 26.30 DEDICATED BY EA$Et/ENT: ` 541'2211.6'`E :',�.•i THIS PLAT. yIA .� COULEHAN GRANGE SUBDIVISION +, f 52319 SYE;+ 13.75' 19A ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE 3 f o 15A /f ia PARKING SPACE N_70802.61• E 121063.18) WE$T (TYPICAL) T :n S5-"D'W 2A ^,� 9.90' L9 3A rn o � '.'_, EASEMENT ZONED R3 / R2 $ -43.88'�i h PART OF LOT N 58.73'm ::: 1.63/. 27 COULEHAN o GRANGE g - yI SUBDIVISION YRACT D Lot 19, •. @7T4,1 Y 21.38' Lot 14 ~ - - TRACT.A. %. n 16A 1 _ 0 + o N . 3. .E 46. 1.40 13.75 + 9A s 8' DRAINAGE .10M i EA$Et/ENT: ` _ i :Tk9S•PtAT..'. yIA Lot 13 a COULEHAN GRANGE SUBDIVISION +, f 13.75' 13.75' 19A ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE 3 f o 15A + o N . 3. .E 46. 1.40 13.75 16A N :•fes g n 8 _ 11A i Lot 13 a COULEHAN GRANGE SUBDIVISION 3.75' 13.75' 13.75' 19A ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE 3 /4' BRASS CAP IN RANGE POINT BOK o SUBDIVISION /f ia D11 Aorm DET x •A' SCALE: 1'-10' N_70802.61• E 121063.18) WE$T + o N . 3. .E 46. 1.40 13.75 THIS SHEET. : g n 8 E5' ASEMENT PART OF LOT 26 i Lot 13 a COULEHAN GRANGE SUBDIVISION 3.75' 13.75' 13.75' 24.92 DEDICATED BY LOT 9 THIS PLAT. LEPPLA MANOR SUB 3 /4' BRASS CAP IN RANGE POINT BOK o SEE DETAIL CAP STAMPED YS 13212' (YRiEAT RIDGE MONUMENT/14809, D11 Aorm DET x •A' SCALE: 1'-10' N_70802.61• E 121063.18) P7 26.7 16.42 14.65' - - :n n n ^,� 5' UTIUTY L9 EASEMENT DEDICATED BY N N8912'26'E yI m m Lot 19, •. THIS PLAT. Y 21.38' Lot 14 ~ Jo Jo 0 TRACT B o la STORMWATER j .DRAINAGE AR o! N N N N 1.095 SOFT.- � 0.025 ACRES — 13 75' 24 92' 30.68 1.40 13.75 13.75 (NISOW30'E) 13200' UMTY W —ZONED R2 g n 8 E5' ASEMENT PART OF LOT 26 i 6' DRAINAGE �n1115 PYLA 97' DRAINAGE COULEHAN GRANGE SUBDIVISION 1 EASEMENT ZONED RJ 3tLOT Nan EAST 1/4 CORNER SECTION 23. I DEDICATED BY LOT 9 THIS PLAT. LEPPLA MANOR SUB 3 /4' BRASS CAP IN RANGE POINT BOK o SEE DETAIL CAP STAMPED YS 13212' (YRiEAT RIDGE MONUMENT/14809, D11 Aorm DET x •A' SCALE: 1'-10' N_70802.61• E 121063.18) W. 44TH_AVENUE - - - - - - - N89'41'34'E 2627.84' /T SOUTH UNE OF THE NORTHEAST 1/7' AND BASS FOR BEARINGS ye• A13 $ 12.194 SOFT. 0.28 ACRES 3 O W N J N T7 n $ z a SEE;LAR •A' JAI 12- SHE A7 I I < N 9'4 I I 70.27 L -A9 -J TRACT A SCALE: 1'-40' SCALE 1'- 20' 20 0 10 20 SEE SHEET 113 FOR THE TRACT PURPOSES SQ.FT. PSI H 1,095 W fQ025 ACRES g n 8 = N 89'43'09' E 22.35' 13 n`v TRACT 8 SCALE: 1'20' 3tLOT Nan SEE SHEET 3 FOR UNE AND CURVE TABLES. N 89.4520' E 54.77' W N �- �� 1,075 SOFT. n J 0.024 ACRES N N S 89'46'33' W 26.30' SCALE: 1'- 20' INDICATES TRACT A — INDICATES ADJOINING LOT LINES — INDICATES BLOCK LIKES INDICATES EASEMENT INDICATES SUBDIVISION BOUNDARY INDICATES LOT LRE HEREBY CREATED BY TNS PLAT INDICATES RICHT-OF-WAY CENTERLINE - - — INDICATES SECTION UNE NOOIS27'W 300.19' INDICATES DISTANCE AND BEARING AS MEASURED (NOO'00'00•E) (3001 INDICATES DISTANCE AND BEADING AS RECORDED 0 REBAR WITH CAP STAMPED 'LANE ENG SRV INC 15837' 0 BRASS WASHER STAMPED 'LS 16837' LOT 12 t PSI ~ W NQS 13 n`v § K a 3tLOT Nan N8929'36 o 5$10.27- 5.624.6'OTLOT 14 Li5 D11 Aorm DET x •A' SCALE: 1'-10' FOR DTS t2-ts TRACT B N89.43'09•E &35 W. 47TH PLACE 4o' AIWT-OF-WAY RIGHT-OF- SCALEWAY 1-4 [$DICATON S 69'33'29• W z N 89'51'05' E 22.00' TRACT RASCALT1 D 10' S 89'46'33' W 6.01• M SIV m. n N' 7 ,�• S 89.43'09' W 94.91' OF LOT 19 CORNER g'O N 89'009' E 101.30' 6' DRAINASEMENT SCALE: 1'AGE E40' PREPARED BY: SOL SURVEYING, LLC DATE OF PREPARATION: SEPTEMBER 30, 20131 209 N. SCOTT STREET DATE OF REVISION: MAY 21, 2014 ST. FRANCIS. KS 67756 DATE OF REVISION: AUGUST 10, 2014 TEL: 785-332-2483 PROJECT: 5304-1 NOES 1. THE PURPOSE OF THIS PLAT IS TO CONVERT AN EXISTING CONDOMINIUM PROJECT TO A TOWNHOME PROJECT 2. THE DATE OF THE FIELD WORK IS MARCH 1, 2013 3. THIS PARCEL IS LOCATED IN ZONE 'X' SHOWN ON THE F.E.M.A. MAP TITLED 'FLOOD INSURANCE RATE MAP, JEFFERSON COUNTY COLORADO AND INCORPORATED AREAS, PANEL 212 OF 675, NUMBER 08059CO212E, DATED FEBRUARY 5, 2014.' 4. 5/5 INCH DIAMETER RESAR WITH CAP STAMPED 'UNE ENG SRV INC 16837 IS SET AT POINT SHOWN THUS:* 5. 5/8 INCH BRASS WASHER STAMPED 'LS 16837- IS SET AT POINT SHOWN TIRUS:O 6. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 7. ANY PERSON WHO KNOWINGLY REMOVES. ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S. 8. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L). ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET, ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 9. THERE ARE PUBLIC EASEMENTS AND A RIGHT-OF-WAY BEING DEDICATED BY THIS PLAT 10. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD93/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). GROUND TO GRID COMBINED SCALE FACTOR IS 0.999747503. SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT /1) HAVING THE FOLLOWING NAD 83/92 STATE PLANE COORDINATES: PHAC 1 NORTHING: 1701258.75; EASTING: 3118217.58; ELEVATION: 5471.62. 11. THIS PLAT OF SOMERSET HOMES TOWNHOMES WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT CONSTITUTE A TITLE SEARCH BY LANE ENGINEERING SERVICE, INC. TO DETERMINED TITLE OR EASEMENT OF RECORD. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE EASEMENTS, OTHER THAN POSSIBLE EASEMENTS THAT WERE VISIBLE AT THE TIME OF MAKING THIS SURVEY, BUILDING SETBACK LINES, RESTRICTIVE COVENANTS, SUBDMSION RESTRICTIONS, ZONING OR OTHER LAND -USE REGULATIONS, AND ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE 12. PERIMETER UTILITY EASENENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITES 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. 13. LOTS 2 THROUGH 19 MAY ONLY BE DEVELOPED AS ATTACHED TOWNHOMES. 14. BASIS FOR BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N. 89'41'34'E. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 23, BETWEEN A FOUND 3 1/4' ALLOY CAP AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 23, (WCP N0. 14709) AND A FOUND 3 1/4' ALLOY CAP AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 23 (WCP NO. 14809), AS SHOWN HEREON, PER CITY OF WHEAT RIDGE CONTROL MONUMENT NETWORK: CITY OF WHEAT RIDGE LOT & TRACT SIZES DATUM POINT i NORTHING EASTING 13709 711112.44 118427.57 13809 711125.16 121052.64 14709 708488.52 116435,348 14809 70W2.61 121063.15 INGRESS -EGRESS EASEMENTS: THE OWNERS, THEIR SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREASINDICATED AS INGRESS -EGRESS EASEMENTS, AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE UMI TED 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. DRAINAGE EASEMENT: THE STORM DRAINAGE AREAS HERE SHOWN AS TRACT 8 AND TRACT C SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. IN THE EVENT THAT SUCH MAINTENANCE IS NOT PERFORMED BY SAID HOMEOWNER'S ASSOCIATION, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID HOMEOWNER'S ASSOCIATION, AGREES TO PAY. NO BUILDING OR STRUCTURE WALL BE CONSTRUCTED IN THE DRAINAGE AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DRAINGE AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 3 OF 4 COURSE: S 89'43'21' W DISTANCE 13200000 COURSE: S 0013'27-E DISTANCE 300.20000 COURSE: N 89'43'09' E DISTANCE 132.00000 COURSE: N 0013'27- W DISTANCE 300.19000 AREA 39626 SO. FEET OR 0.9097 ACRES ERROR IN LATITUDE: 0.00232 ERROR IN DEPARTURE 0.00000 ERROR OF CLOSURE: 0.00232 PRECISION 1: 372490 COURSE: N 00'02'32' W DISTANCE 0.00232 STAlEMi7MT OF ACCURACY: THE GEODETIC PANT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). PURPOSE OF TRACT 'A', TRACT '8', TRACT 'C, TRACT 'D' AND TRACT 'E': TRACT 'A' IS FOR THE PURPOSE OF INGRESS AND EGRESS INTO THE SITE, ACCESS TO PARKING AREAS, ACCESS TO ALL LOTS AND TO THE DRAINAGE AREA IN THE NORTHEAST CORNER OF THE STE. TRACT 'A' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'A' IS A NON -BUILDABLE AREA, EXCEPT FOR THE PURPOSES OF A DRIVEWAY AND DRAINAGE APPURTENANCES. TRACT 'B' IS LOCATED IN THE SOUTHWEST CORNER OF THE SATE AND IS FOR THE PURPOSE OF THE DRAINAGE AREA. TRACT 'B WILL BE OWNED AN) MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'B' IS A NDN -BUILDABLE AREA, EXCEPT FOR DRAINAGE APPURTENANCES. TRACT 'C' IS LOCATED IN THE NORTHEAST CORNER OF THE STE AND IS FOR THE PURPOSE OF A STORMWATER DRAINAGE AREA. TRACT 'C' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'C' IS A NON -BUILDABLE AREA USED FOR STORMWATER DETENTION AND DRAINAGE APPURTENANCES. TRACT 'D' IS LOCATED ALONG THE EAST PROPERTY LINE OF THE SUBDIVSION AND IS FOR THE PURPOSE OF PARKING, PERMITTED ACCESORY BUILDINGS AND UTILITIES. TRACT 'D' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'D' IS A BUILDABLE AREA. DUE TO THE PRESENCE OF A STORMWATER SYSTEM WITHIN TRACT '0', EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WITHIN TRACT 'D' SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUSUC WORKS. TRACT 'E' IS LOCATED BETWEEN TRACT 'D' AND THE EAST LINE OF THE SUBDIVSION AND IS FOR THE PURPOSE OF UTIUTIES. TRACT 'E WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'E' IS A NON -BUILDABLE AREA EXCEPT FOR UTILITIES. F� jr PREPARED BY: SDL Q SURVEYING. LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 785-332-2483 LOT UNE TABLE LOT & TRACT SIZES TRACT 'A' LOT ADDRESS SQUARE FEET ACRES 1 6940 4,849 0.111 _ 2 6938 851 0.020 3 6936 785 0.018 4 6934 785 0.018 5 6932 785 0.018 6 6930 1 785 0.018 7 6928 785 0.018 8 6926 771 0.018 9 6924 771 0.018 10 6922 785 0.018 11 6920 785 0.018 12 6918 743 0.017 13 6916 662 0.015 14 6914 1 1,309 0.030 15 6912 739 0.017 16 6910 786 0.018 17 6908 786 0.018 18 6906 786 0.018 19 6904 1,424 0.033 A 12,194 0.280 B 1,094 0.025 C 1,075 0.025 D 1 4,195 0.096 E 1,083 0.025 DEDICATION 13 0.000 TOTALS 1 39,626 0.910 LOT UNE TABLE CURVE TABLE TRACT 'A' LINE BEARING CENTRAL CHORD CHORD CURVE RADIUS ANGLE BEARING DISTANCE LENGTH Cl 1 1' N14 '41'W 7.60' 7.92' C2 S1 9 -27'0117E 22,40' C3 1 .74' 11 1' N '41' 'W 1' 3 C4 14. 1 'W 1121' 13-70' C5 N 1' 0.79' LOT UNE TABLE TRACT 'A' LINE BEARING LENGTH LINE TABLE PI N ' 6' 5. UNE BEARING LENGTH P12 N '47 'W 0. Al $89-4-3-20-W 4 ' P3 A2 S41 '1 7.43' P4A7 3.10' P5 m7'lO.D4 A4 53707'30'W P6 AS 21.04' P7 '13' Afi 1.03' A73' 10.27' A8 17' 17.9-r A9 NBV'29'36E 10.2r A10NOQ'1,3'27W 10,04' All N 7 W 4.23' Al2 A13 A14 N 7'W 1. ' A15 S89 -46 -M -W 121.30 - TRACT 'B' UNE TABLE UNE BEARING LENGTH 81 9' 6'W .97' 82 .1 1 B3 N01 W 114.28' DATE OF PREPARATION: SEPTEMBER 30, DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10, 2014 OWNER 6938 W. 48TH AVENUE BDIPROPERTIES, LLC. 1001A E. HARMONY ROAD 0 180 FORT COLLINS, COLORADO 80525 JIMMY PAY BOWMAN, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF SDI PROPERTIES, LLC.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC gym 8 6911 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48THAVENUE 6932 W. 48TH AVENUE 6924 W. 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48114 AVENUE 6940 W. 48TH AVENUE 5772 MONTYRE COURT GOLDEN, COLORADO W403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY CHARLES S. OCHSNER, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC 6940 W. 48TH AVENUE JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) COUNTY OF JEFFERSON ) SS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY JOHN ZOOK. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6906 W. 48TH AVE. WHEAT RIDGE. CO JENNIFER R. JACOBSON INSTRUMENT 02036598 THE UNDERSIGNED. AS LEGAL HOLDER OF THE DEED OF TRUST ON 5/2/2004 AT RECEPTION NO. F2036597, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER. HEREBY CONSENT TOTHE WITHIN PLAT AND SUBORDINATES ALL OF IT RIGHT, TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PUT. SIGNED THIS DAY OF . 20 LENDER: PRINT NAME AND TITLE- COUNTRYWIDE ITLECOUNTRYWIDE COMPANY STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC AD. 20 SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, STH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 2 OF 4 6910 W. 46TH AVE. WHEAT RIDGE. CO TAMARA MANTHEY INSTRUMENT /77791 k #1882248 THE UNDERSIGNED. AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/4/2002 AT RECEPTION NO. F1561588. OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT, TILE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF , 20_.. LENDER: PRINT NAME AND TITLE US BANK N.A. ANY NOTARY CERTIFICATE A.D. 20- STATE OF COLORADO 55 COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20_ BY AS WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6914 W. 48TH AVE. WHEAT RIDGE. CO AIMEE M. SORENSON INSTRUMENT #95324 & #95325 D® OF TRUST HOLDER A.D. 20- 714E UNDERSIGNED. AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/26/2006 AT RECEPTION N0. Y CONSENTS TO OTHHEE 233, OF THE RECORDS OF THE WITHIN PLAT D SUBORDINATES JEFFERSON ITS RIGHT, AN INTEREST NDERNTY CLERK AND RECORDER. EDSAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF . 20 - AD. 20 LENDER: PRINT NAME AND TITLE FIRSTBANK OF WHEAT RIDGE NOTARY CERTIFICATE STATE OF COLORADO ) SS COUNTY OF ,EFTERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF BY , AS WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS. KS 67756 lw TEL 765-332-2463 A.D. 20_ 691 I 2 W. 48TH AVE, WHEAT RIDGE, 00 WHEAT RIDGE 2020, LLC NSTRUMENT /53961 AND 6916 W. 48TH AVE, WHEAT RIDGE, 00 WHEAT RIDGE 2020, LLC NSTRUMENT #53882 6936 W. 48TH AVE. WHEAT RIDGE. CO WHEAT RIDGE 2020, LLC INSTRUMENT 094446 DEET! OF TRUST HOLDER THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/22/2010 AT RECEPTION NO. 2010089386. OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER AND THE DEED OF TRUST ON 9/22/2010 AT RECEPTION NO. 20100893M BOTH OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT, TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF . 20 - LENDER: PRINT NAME AND TITLE: FIRST BANK NOTARY CERTIFICATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY , AS WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6938 W. 48TH AVE, WHEAT RIDGE, CO BDI PROPERTIES INSTRUMENT 0568959 A.O. 20_ THE UNDERSIGNED. AS LEGAL HOLDER OF THE DEED OF TRUST ON 5/5/2010 AT RECEPTION NO. 2010041323, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT, TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF . 20 - LENDER: PRINT NAMED TITLE BANK ONE OF COLORADO N.A. A NOTARY CERTIFICATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20_ BY . AS WITNESS MY HD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC DATE OF PREPARATION: SEPTEMBER 30, 20131 DATE OF REVISION: MAY 21. 2014 DATE OF REVISION: AUGUST 10, 2014 WE. THE UNDERSIGNED. BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.910 ACRES DESCRIBED AS FOLLOWS LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF YMEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTON OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES. A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PACE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23: THENCE S.0013'27'E ALONG THE EAST UNE OF SAID NORTHEAST ONE—DUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT—OF—WAY LINE OF WEST 48TH AVENUE THENCE S.89'43'21'W. ALONG SAID SOUTH RIGHT—OF—WAY LINE A DISTANCE OF 233.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING S. 89'43'21'W. ALONG SND UNE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.DO13'27'E A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.89'4SO9'E. ALONG THE SOUTH UNE OF SAID LOT 27 A NO OF 13200 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00'13'27'W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39.626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. HAVE WD OUT, SUBDMDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF SOMERSET HOMES TOWNHOMES FINAL PLAT, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT—OF—WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES. WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET UGHTS AND ALL APPURTENANCES THERETO. OWNER- 6904 lNER;6904 W. 48TH AVENUE 6904 48TH LLC 418 RIDGE AVENUE LDNGMONT, COLORADO 80501 ANNE MARIE POUCH, MANAGING MEMBER STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY ANNE MARIE POUCH, AS MANAGING MEMBER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: QWNFR: 6906 W. 48TH AVENUE 9606 W. 48 AVENUE WHEAT RIDGE COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ DAY OF A.D. 20 BY JENNIFER R. JACOBSON, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES OWNER 6908 W. 48TH AVENUE ROBERT P. KEENAN II 7828 VANCE DRIVE, /100 ARVADA. COLORADO 80003 STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS — DAY OF A.D. 20— BY ROBERT P. KEENAN 11, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE. JEFFERSON COUNTY, COLORADO SHEET 1 OF 4 VIL;INITY MAP SCALE: 1' - 500• 6910 W. 4 -8TH AVENUE ,AMARA MAXTHLY 6910 W. 46THAVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: OVINdi : 6914 W. 48TH AVENUE AIMEEM . 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY AIMEE M. SORENSEN. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: PREPARED BY: SOL SURVEYING, LLC 2D9 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 785-332-2483 A_D. 20 ALD. 20_ EXHIBIT 6: PLAT 6912 tW. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE COLORADO OW33 NON PROFIT CORPORATION BR17TA E FISHER, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20— BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC, WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SIURVEYOR'S CERTIFICATE I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOAES FINAL PLAT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 RECOMMENDED FOR APPROVAL THIS _ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATICIN' APPROVED THIS _ DAY OF , 201_ BY THE WHEAT RIDGE CITY COUNCIL ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS MAYOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT_ O'CLOCK _. M. ON THE_ DAY OF , — A.D., IN BOCK- PAGE , RECEPTION N0. . DATE OF PREPARATION: SEPTEMBER 30. 2013 DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10, 2014 PROJECT: S304-1 I S 70 W 48TH AVE 18TH AVE N 47TH W a W 47TH AVE PL N ti F W 46 W 46 TH PIL N MARTENSEN ES W N m N N W 45 AVE W 45TH AVE 3 w uTH AVE VIL;INITY MAP SCALE: 1' - 500• 6910 W. 4 -8TH AVENUE ,AMARA MAXTHLY 6910 W. 46THAVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: OVINdi : 6914 W. 48TH AVENUE AIMEEM . 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY AIMEE M. SORENSEN. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: PREPARED BY: SOL SURVEYING, LLC 2D9 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 785-332-2483 A_D. 20 ALD. 20_ EXHIBIT 6: PLAT 6912 tW. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE COLORADO OW33 NON PROFIT CORPORATION BR17TA E FISHER, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20— BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC, WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SIURVEYOR'S CERTIFICATE I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOAES FINAL PLAT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES. CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 RECOMMENDED FOR APPROVAL THIS _ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATICIN' APPROVED THIS _ DAY OF , 201_ BY THE WHEAT RIDGE CITY COUNCIL ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS MAYOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT_ O'CLOCK _. M. ON THE_ DAY OF , — A.D., IN BOCK- PAGE , RECEPTION N0. . DATE OF PREPARATION: SEPTEMBER 30. 2013 DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10, 2014 PROJECT: S304-1 THIS SPEdFlC DEVELOPMENT PLAN SHOWS THE IMPROVEMENTS THAT CURRENTLY DOST ON THE PROPERTY. SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 2 OF 2 N 1/4 CORNER OF THE NE 1/4 SECTION 23, 3 1/4' ALLOY CAP IN RANGE POINT BOX, _ - —. --_ NORTHEAST CORNER SECTION 23. 2 CAP STAMPED 'LS 1321 b PLAT BOCK 121. PAGE 481 0 3 1/4' BRASS CAP IN RANGE PONT BOIL o - _CAP STAMPED 'LS 13212' (MCP /1370A9, -N. 711112K, E 116427.57) WEST 481H AVE _ _ - 1968.94 T - - - - N(d7ti 1251N6, E 121052264) 3 NORTH UNE NORTHEAST 1/4, SECTION 23 AND PONT OF COMMENCEMENT. b PLAT BOOK 2, PACE 46 rI n n o 81 TRUE POINT OF — - 4321 W Sa93S30: 13200' / 271.33.—�253.00 i .f.. -?NACT r 5' UTILITY LANDSCAPING / 'bY SDJENT. & V I iN� DRAINAGE o< AAREA LS n �\ / LNDSCAPING I \ / - --� o / I I i Lot 1 1 I I I I 5' UTILITY 15.0' EASEMENTI SOMA I 17.6 I . DRAINAGE, ! L. AREA b ;: I ri E ZONED R3 / R2 PART OF LOT 27 Int ) ' 0 71 iC QCT A TRACT O COULEHAGRANGE SETBACK N' ItFF,�--- SUBOINSION ZONED R-2 _,..: .._. .... PART OF LOT 27 Lot 3 COULEHAN GRANGE I SUBDIVISION I ZONED R-2 _ 1RACT tI / LOT lI PART OF LOT 27 .. :: .: I w ... . .. ............. - Z - COULEHAN GRANGE 4,849 1 1. . 2 SETBACK 851 Wl 4 IS 6936 Lo: 12 14e { r 0.018 I r DRAINA 5 I ,2'- 765 6 RIGHT-OF-WAY I SEE,,, i Lot 13/ .L LS LS LS LS LS*o - -_ - - - --6 7 9,7 785 S' I DEDICATION, 6926 EAS ._. / 6924 Lot 14 5. ' 10 Lot 5 _1 13200' 5' UTILITY SET BA / 11 6920 785 _ $ .. W 4 iTf1 �� IN : 662 0.015 SUBDIVISION 1 I 40' RIGHT-OF-WAY .. ZONED R3 Lot 6 I EAST /4 CORNER 23. 16 BY PLAT OFSECTION U SW 1/4 SECTION 23,E MANOR SUB 3 1/4' ALLOY CAP IN RANGE PONT BO1L CAP �' 1 T QQ 17 6908 3 1/4' BRASS CAP IN RANGE PONT BON, CAP STAMPED 'LS 13212' 0.018 STAMPED 15 13212 (WCP /14709. N. 70646&52, E. 116435.36) 6906 786 W. 441H AVENUE - _CwaE_&& o9, N_ '^•`•9 °1.--F% - 6904 - - - - _>Y - - - - - - - - 12,194 121063.19) B 1,094 0.025 C - 0.025 D = 5.278 0.121 "- 'z- 13 _ TOTALS Lot 7 39,626 0.910 g I� '77777= SO CK W -- Lot 9 I� r 8 n 4 Lot 10 IN IJ ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE SUBDIVISION ZONED R-2 _ 1RACT tI Lot 11 : :!`:i:?:�i:�i:i•:: / . i . LOT lI PART OF LOT 27 .. :: .: I w ... . .. ............. - 1 COULEHAN GRANGE 4,849 1 1. . 2 SUBDIVISION 851 0,020 LAND k 6936 Lo: 12 14e { r 0.018 4 I r DRAINA 5 I ,2'- 765 6 RIGHT-OF-WAY I SEE,,, i Lot 13/ .L LS LS LS LS LS*o - -_ - - - --6 7 9,7 785 S' I DEDICATION, 6926 EAS ._. / 6924 Lot 14 5. ' 10 Nw43'O9'E (Na"3'30L� ' _1 13200' 5' UTILITY SET BA / AREA (SO. FT) _ 1RACT tI LOT SIZE: 39.625 LOT ADDRESS SQUARE FEET ACRES 1 6940 4,849 ^ 2 6938 851 0,020 LAND k 6936 785 0.018 4 I 785 DRAINA 5 I ,2'- 765 6 RIGHT-OF-WAY I SEE,,, 785 7 6928 785 DEDICATION, 6926 DR AGE EN ._. / 6924 771 10 Nw43'O9'E (Na"3'30L� ' _1 13200' 5' UTILITY ZONED R2 � PART OF LOT 26 11 6920 785 EASEMENT COULEHAN GRANGE 743 W 4 iTf1 �� Q 6916 662 0.015 SUBDIVISION 1 I 40' RIGHT-OF-WAY 0.030 ZONED R3 6912 I EAST /4 CORNER 23. 16 BY PLAT OFSECTION U SW 1/4 SECTION 23,E MANOR SUB 3 1/4' ALLOY CAP IN RANGE PONT BO1L CAP �' 1 T LOT 9 LEPPLA MANOR SUB 17 6908 3 1/4' BRASS CAP IN RANGE PONT BON, CAP STAMPED 'LS 13212' 0.018 STAMPED 15 13212 (WCP /14709. N. 70646&52, E. 116435.36) 6906 786 W. 441H AVENUE - _CwaE_&& o9, N_ '^•`•9 °1.--F% - 6904 - - - - _>Y - - - - - - - - 12,194 121063.19) B AREA (SO. FT) LOT & TRACT SIZES LOT SIZE: 39.625 LOT ADDRESS SQUARE FEET ACRES 1 6940 4,849 0.111 2 6938 851 0,020 3 6936 785 0.018 4 6934 785 0.018 5 6932 765 6 6930 785 7 6928 785 8 6926 771 PO.O 9 6924 771 10 6922 785 11 6920 785 12 6918 743 0.017 13 6916 662 0.015 14 6914 1,309 0.030 15 6912 739 0.017 16 6910 786 0.018 17 6908 786 0.018 18 6906 786 0.018 19 6904 1,424 0.033 A 12,194 0.280 B 1,094 0.025 C 1,075 0.025 D 5.278 0.121 DEDICATION 13 0.000 TOTALS 39,626 0.910 AREA (SO. FT) X LOT SIZE: 39.625 100.00 BULLRING 10,417 26.3 LANDSCAPING 10,124 25.5 / OF UNITS 19 DENSITY 19 UNITS / 0.91 ACRES 21 UNITS/ACRE BUILDING HEIGHT, 6940 16.8' BUILDING HEIGHT, 6904-6914 23.2' BUILDING HEIGHT. 6916-6936 25.5' PARKING SPACES: COVERED PARKING SPACES 21 UNCOVERED PARKING SPACES 21 IFQFNn INDICATES BUILDING IMPROVEMENTS — INDICATES BUILDING OVERHANG INDICATES CARPORT INDICATES CONCRETE IMPROVEMENTS INDICATES PAVEMENT IMPROVEMENTS INDICATES ADJOINING LOT LINES INDICATES EASEMENT --con INDICATES EDGE OF PAVEMENT INDICATES FENCE LINE __-._ _ _._ ___.___ -INDICATES FLOWUNE INDICATES SUBDIVISION INDICATES LOT UNE, INTERNAL INDICATES RETAINING WALL .. INDICATES RIGHT-OF-WAY CE IMLtNE - - INDICATES SECTION UNE - - - - - - - INDICATES SE78ACK _---.�- — INDICATES CURB LS INDICATES LANDSCAPING SCALE 1'� ZO' 20 0 10 20 TYPICAL TOWNHOLE SECTION BAY WINDOWS AT ONLY THE FOLLOWING UNITS: 6936.69326924,6920,6912 6905 PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 765-332-2483 REVISED: 09/10/2014 REVISED: 05/21/2014 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHEASTQUARTER OS SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY KT WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COUIEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PACE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE 5.0013'27E ALONG THE EAST UNE OF SAID NORTHEAST ONE–QUARTER A DISTANCE OF 30.70 FEET TO A PONT ON THE EXTENSION OF THE SOUTH RIGHT–OF–WAY UNE OF WEST 48TH AVENUE. THENCE S.89'43'2 "W. ALONG SAID SOUTH RIGHT'–OF–WAY UNE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE PONT DF BECJNNING; THENCE CONTINUING S. 89'43'21'W. ALONG SAID UNE A DISTANCE OF 13200 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.0013'2YE. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.89'43'09'E- ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00'13'27W ADISTANCE OF 300.19 FEET TO THE TRUE PONT GIOF BENNING, CONTAINING AN AREA OF 39.626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Q % S ERTI CYATE- THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF. DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTION 5 AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW.1 (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS SPECIFIC DEVELOPMENT PLAN, 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 WHEAT RIDGE CGDE OF LAWS. 6904 W. 48TH AVENUE 6904 48TH LLC 418 RIDGE AVENUE LONGMONT, COLORADO 80501 ANNE MARIE POUCH. MANAGING MEMBER NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 BY ANNE MARIE POUCH. AS MANAGING MEMBER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC OWNER 6910 W. 48TH AVENUE AMA A MANTHEY 6910 W. 48TH AVENUE WHEAT RIDGE. COLORADO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20 BY TAMARA MANTHEY. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL - MY COMMISSION EXPIRES: NOTARY PUBUC QffiffR, 6906 W. 48TH AVENUE JENNIFER R. JACOBSON 9606 W. 48 AVENUE WHEAT RIDGE" COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20 BY JENNIFER R. JACOBSON, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC gibm 8908 W. 48TH AVENUE ROBERT P. KEENAN It 7828 VANCE DRIVE, /100 ARVADA, COLORADO 80003 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS — DAY OF A.D. 20— BY ROBERT P. KEENAN II, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: PREPARED BY. SOL SURVEYING. LLC 209 N. SCOTT STREET NOTARY PUBLIC ST. FRANCIS, KS 67756 TEL' 785-332-2483 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 89 WEST, STH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 OWNER;' VICINITY MAP 6914 W. 48TH AVENUE SCALE: 1' - 500' AM 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY CERTFICATF STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6912 B 6912W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER. EXECUTVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020, LLC, WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC OWNER, 6938 W. 48T14 AVENUE BDI PROPERTIES, LLC. 1001A E HARMONY ROAD / 180 FORT COLLINS. COLORADO 80525 JAMMY RAY BOWMAN, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JAMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF BDI PROPERTIES, LLC.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES A.D. 20 EXHIBIT 5: SDP 6918 W. 48TH AVENUE 6928 W. 46TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924 W.48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE 5772 MCINTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY�F JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY CHARLES S. OCHSNER, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6940 W. 48TH AVENUE JOHN ZOOK 6940 W. 481H AVENUE WHEAT RIDGE. COLORADO NOTARY CJ'RTIFlGATE STATE OF COLORADO } ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JOHN ZOOK. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 RECOMMENDED FOR APPROVAL THIS_ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON aTr cs3cnFlDAnoN: APPROVED THIS DAY OF 201 _ BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS rnR4tt fLcm A n RECORDERS f�RTF1GATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN. COLORADO, AT O'CLOCK _ . M. ON A.D. 20_ THE_ DAY OF , _ A.D., IN BOOK , PAGE , RECEPTION NO. CASE HISTORY WS -14-01 1 JEFFERSON COUNTY CLERK AND RECORDER AD 20 — AU 20_ REVISED: 08/10/2014 REVISED: 05/21/2014 DATE 09/30/2013 1 5� 70 W 48TH AVETFI AVE 47TH U a W 47TH AVE PL y H W 46TH N W 46 TH PIL C < Q N Z W N Y F.ARTENSEN E5 N 2f!N n N W 45 AVE W 45TH AVE _ g 3 OWNER;' VICINITY MAP 6914 W. 48TH AVENUE SCALE: 1' - 500' AM 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY CERTFICATF STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6912 B 6912W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER. EXECUTVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020, LLC, WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC OWNER, 6938 W. 48T14 AVENUE BDI PROPERTIES, LLC. 1001A E HARMONY ROAD / 180 FORT COLLINS. COLORADO 80525 JAMMY RAY BOWMAN, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JAMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF BDI PROPERTIES, LLC.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES A.D. 20 EXHIBIT 5: SDP 6918 W. 48TH AVENUE 6928 W. 46TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924 W.48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE 5772 MCINTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY�F JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY CHARLES S. OCHSNER, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6940 W. 48TH AVENUE JOHN ZOOK 6940 W. 481H AVENUE WHEAT RIDGE. COLORADO NOTARY CJ'RTIFlGATE STATE OF COLORADO } ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JOHN ZOOK. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 RECOMMENDED FOR APPROVAL THIS_ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON aTr cs3cnFlDAnoN: APPROVED THIS DAY OF 201 _ BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS rnR4tt fLcm A n RECORDERS f�RTF1GATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN. COLORADO, AT O'CLOCK _ . M. ON A.D. 20_ THE_ DAY OF , _ A.D., IN BOOK , PAGE , RECEPTION NO. CASE HISTORY WS -14-01 1 JEFFERSON COUNTY CLERK AND RECORDER AD 20 — AU 20_ REVISED: 08/10/2014 REVISED: 05/21/2014 DATE 09/30/2013 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 8TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 2 OF 2 NORTHEAST CORNER SECTION 23, N 1/4 CORNER OF THE HE 1/4 SECTION 23, _ J 1/4' BRASS CAP S RANEE *LSPONT BOX. 3 1/4' ALLOY CAP IN RANGE POINT BOX, CAP STAMPED NT 13 BOO PLAT BOOK 121. PAGE 481 0 (CITY 7UI25.1 =121 13809, CAP STAMPED 1S / o WEST 48TH AVE DINT 416 ENC= ENT (WCP /13709, N. 711112.44.E 118427.57) _ - 7 — — — POINT OF COMMENCEMENT 1968.84' - - - - ; - _ NORTH LINE NORTHEAST 1/4. SECTION 23J - PLAT BOOK Z PACE 46 W I X ... ...... I w 19 = aT`�iTaEaINT aF �nI.R 1 � 1'.. 569.43'zt'w5685330.- 132.00' � 253.OD 271.33'—' - -;FRAeF•C- 5 UTILITY LANDSCAPING i < ASEMENT DRAINAGE AREA n I SW 1/4 SECTION 23, J 1/4' ALLOY CAP IN RANGE POINT BOX, CAP STAMPS 'LS 13212.' (wcP /14709. N. 7oe46e.52, E 118435.38) I Lot 13 1 L _ d14 L/WDSCAPINC t DRAINAGE AREA RIGHT-OF-WAY DEDICATION. SEL PLAT. b W. 471H PLACE Q 40' RIGHT-OF-WAY 1 BY PLAT OF LEPPLA MANOR SUB H n. 1 -— -—-fir-- -- -- ZONED R3 LOT 9 LEPPLA MANOR SUB _ W. 441H AVENUE UTILITY 5' UTILITY EASEMENT ' I i _TZONW R2 i PART OF LOT 26 COULEHAN GRANGE SUBDMSION I EAST 1/4 CORNER SECTION 23, 3 1/4' BRASS CAP IN RANGE PONT BOX. CAP STAMP= 'LS 13212' (wCP /14809 N 706462.61, E 121083.18) - - __"v- - - - - - - OUTLINE DEVELOPMENT PLAN GENERAL NOTE: THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT EVEL PM WAY A BUILDINGITBE SUBMITTED U IMT AQP AND APPLICATION BYS THE CITY OF WHEAT RIDGE LOPIIENT� TO THE SUBMITTAL OF RIGHT CHARACTER OF DEVELOPMENT: THIS OUTUNE DEVELOPMENT PLAN ESTABLISHES THE SOMERSET HOMES TOWHHOMES AS A PLANNED RESIDENTIAL DEVELOPMENT. THE PROPERTY IS ALREADY DEVELOPED WITH 18 ATTACHED DWELLING UNITS AND A SINGLE FAMILY HOME THE PURPOSE OF THE PRD IS To ALLOW THE EXISTING DWELLING UNITS TO RETRAIN BUT BE CONVERTED FROM CONDOMINIUM TO TOWHHOIME OWNERSHIP. SITE AND BUILDING DESIGN: THE ARCHITECTURAL AND SITE DESIGN MANUAL SHALL APPLY TO FUTURE FACADE IMPROVEMENTS OR MODIFICATIONS OF THE TOWNHOMES. ACCESSORY STRUCTURES SHALL BE ARCHITECTURALLY COMPATIBLE NTH PRIMARY STRUCTURES AS THEE MATERIAL HAS ��TEXTUREI�WOOD GRAIN APPEARANCE SIMILAR TO HORIZONTALHAVE CCLAPBOARD.gDINC AS LONG PARKING` ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 (OFF-STREET PARKING AND LOADING) OF THE WHEAT RIDGE CODE OF LAWS (EXCEPT FOR REWIRE NUMBER OF SPACES AS NOTE BELOW). LANDSCAPING` ALL LANDSCAPING SHALL BE IN CONFORMANCE WMTH SECTION 25-502 (LANDSCAPING REQUIREMENTS) OF THE WHEAT RIDGE CODE OF LAWS (EXCEPT FOR COVERAGE REQUIREMENTS AS NOTE BELOW). EXTERIOR LIGHTING: ALL EXTERIOR UGH71NG SHALL BE IN CONFORMANCE WITH SECTION 26-503 (EXTERIOR LIGHTING) OF THE WHEAT RIDGE CODE OF LAWS. SIGNAGE ALL SIGNAGE SHALL BE IN CONFORMANCE W1114 ARTICLE VII (SIGN CODE) OF THE WHEAT RIDGE CODE OF LAWS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 (FENCES. WALLS AND OBSTRUCTIONS TO VIEW) OF THE WHEAT RIDGE CODE OF LAWS. pEygLOPMEIT STANDARDS ENTRE SITE MAXIMUM BUILDING COVERAGE / � 111 I 25% A 21 uraw/oere MINIMUM OFF-STREET PARKING 1 I 1 1 LOT 1 MAXIMUM BUILDING COVERAGE 40% MAXIMUM HEIGHT 35 FEET lot 0 l 9.0' I 75XMAXIMUM MAXIMUM HEIGHT 35 FEET I SET 1S FEET I 5' unUTY j 15.1. EASEMENT ISft ; I 1 16' .DRAINAGE; DRAINAGE EASEMENT 1 :' AREA o1 j 1 1 --- - ZONE R3 / R2 PART OF LOT 27 xG- 0 COULEHAN GRANGE I I Lot 2 I SUBDIVISION ZONEDy I '_ Lot 3 I PART OF LOT 27 1 COULEHAN GRANGE I Y SUBDIVISION I i o I SETBA ^ 1 Lot 4 I o W 0 o i s Ib � I 5Q ii Lot 6 ISH N vwI SCALE 1'- 20' SQ� 20 20 0 10 g Lot 7 W sp I < S Lot B ( W Z qp A N z W � ' 1 m I 1� I ZONED R3 / R2 C 17X/ Lot 10 1 t PART OF LOT 27 COULEHAN GRANGE IIII SUBDIVISION L.t 11 1 ZONED R-2 `I~ PART OF LOT 27 1 COULEHAN GRANGE - SUBDIIA90N Lot 12 1 .. _ .. I SW 1/4 SECTION 23, J 1/4' ALLOY CAP IN RANGE POINT BOX, CAP STAMPS 'LS 13212.' (wcP /14709. N. 7oe46e.52, E 118435.38) I Lot 13 1 L _ d14 L/WDSCAPINC t DRAINAGE AREA RIGHT-OF-WAY DEDICATION. SEL PLAT. b W. 471H PLACE Q 40' RIGHT-OF-WAY 1 BY PLAT OF LEPPLA MANOR SUB H n. 1 -— -—-fir-- -- -- ZONED R3 LOT 9 LEPPLA MANOR SUB _ W. 441H AVENUE UTILITY 5' UTILITY EASEMENT ' I i _TZONW R2 i PART OF LOT 26 COULEHAN GRANGE SUBDMSION I EAST 1/4 CORNER SECTION 23, 3 1/4' BRASS CAP IN RANGE PONT BOX. CAP STAMP= 'LS 13212' (wCP /14809 N 706462.61, E 121083.18) - - __"v- - - - - - - OUTLINE DEVELOPMENT PLAN GENERAL NOTE: THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT EVEL PM WAY A BUILDINGITBE SUBMITTED U IMT AQP AND APPLICATION BYS THE CITY OF WHEAT RIDGE LOPIIENT� TO THE SUBMITTAL OF RIGHT CHARACTER OF DEVELOPMENT: THIS OUTUNE DEVELOPMENT PLAN ESTABLISHES THE SOMERSET HOMES TOWHHOMES AS A PLANNED RESIDENTIAL DEVELOPMENT. THE PROPERTY IS ALREADY DEVELOPED WITH 18 ATTACHED DWELLING UNITS AND A SINGLE FAMILY HOME THE PURPOSE OF THE PRD IS To ALLOW THE EXISTING DWELLING UNITS TO RETRAIN BUT BE CONVERTED FROM CONDOMINIUM TO TOWHHOIME OWNERSHIP. SITE AND BUILDING DESIGN: THE ARCHITECTURAL AND SITE DESIGN MANUAL SHALL APPLY TO FUTURE FACADE IMPROVEMENTS OR MODIFICATIONS OF THE TOWNHOMES. ACCESSORY STRUCTURES SHALL BE ARCHITECTURALLY COMPATIBLE NTH PRIMARY STRUCTURES AS THEE MATERIAL HAS ��TEXTUREI�WOOD GRAIN APPEARANCE SIMILAR TO HORIZONTALHAVE CCLAPBOARD.gDINC AS LONG PARKING` ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 (OFF-STREET PARKING AND LOADING) OF THE WHEAT RIDGE CODE OF LAWS (EXCEPT FOR REWIRE NUMBER OF SPACES AS NOTE BELOW). LANDSCAPING` ALL LANDSCAPING SHALL BE IN CONFORMANCE WMTH SECTION 25-502 (LANDSCAPING REQUIREMENTS) OF THE WHEAT RIDGE CODE OF LAWS (EXCEPT FOR COVERAGE REQUIREMENTS AS NOTE BELOW). EXTERIOR LIGHTING: ALL EXTERIOR UGH71NG SHALL BE IN CONFORMANCE WITH SECTION 26-503 (EXTERIOR LIGHTING) OF THE WHEAT RIDGE CODE OF LAWS. SIGNAGE ALL SIGNAGE SHALL BE IN CONFORMANCE W1114 ARTICLE VII (SIGN CODE) OF THE WHEAT RIDGE CODE OF LAWS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 (FENCES. WALLS AND OBSTRUCTIONS TO VIEW) OF THE WHEAT RIDGE CODE OF LAWS. pEygLOPMEIT STANDARDS ENTRE SITE MAXIMUM BUILDING COVERAGE 40% MINIMUM LANDSCAPE COVERAGE 25% MAXIMUM DENSITY 21 uraw/oere MINIMUM OFF-STREET PARKING 2 -It LOT 1 MAXIMUM BUILDING COVERAGE 40% MAXIMUM HEIGHT 35 FEET LOTS 2-19 BUILDING COVERAGE 75XMAXIMUM MAXIMUM HEIGHT 35 FEET TRACT D MAXIMUM BUILDING COVERAGE 100>< MAXIMUM HEIGHT 1S FEET PERMITTED USES LOT 1 PRIMARY USES: SINGLE FAMILY DWELLING ACCESSORY USES. HOWE ATIONS HOUSEHOLD PETS, UNITED TO NO MORE THAN 3 DOGS k 4 CATS URBAN GARDENS ACCESSORY BUILDINGS LOTS 2-19 PRIMARY USES: MULTI FAMILY DWELLING, LIMITED ACCESSORY USES: TO ATTACHED TOWNHOMES HOME OCCUPATIONS HOUSEHOLD PETS, LIMITED TO NO MORE THAN 3 DOGS 4 4 CATS TRACT A PRIMARY USES SURFACE PARKING TRASH STORAGE TRACT D ACCESSORY BUILDINGS. UNITED PRIMARY USES: TO ATTACHED CARPORTS OR GARAGES NOTE DUE TO THE PRESENCE OF A STORMWATER SYSTEM WATHIN TRACT 'D'. EXCLUSIVE OF ROUTINE MAINTENANCE. NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WITHIN TRACT "D' SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS. NOT PERMITTED: RV/BOAT STORAGE PREPARED BY: SOL SURVEYING. LLC 209 N. SCOTT STREET ST. FRANCIS. KS 67756 TEL 785-332-2483 ITT. INDICATES BUILDING IMPROVEMENTS _ -- INDICATES CARPORT INDICATES EDGE OF CONCRETE �.....�..' . INDICATES PAVEMENT IMPROVEMENTS INDICATES ADJOINING LOT LINES INDICATES EASEMENT caP INDICATES EDGE OF PAVEMENT -..-__.-..--.-.-_..--- INDICATES FLOWLINE INDICATES SUBDIVISION INDICATES LOT UNE, INTERNAL -- - -- INDICATES RIGHT-OF-WAY CENTERUNE - - — INDICATES SECTION LINE - - - - - - - - INDICATES SETBACK „--_—.—�- INDICATES CURB +t INDICATES DRIVING CIRCULATION REVISE: REVISED: DATE 0 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE STH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULE/HAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK i AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES. A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23: THENCE S.00"3'27'E ALONG THE EAST UNE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY UNE OF 'NEST 48TH AVENUE: THENCE S.8943'21'W. ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAD TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89'43'21"W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.0013'27 -E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A PONT ON THE SOUTH UNE OF SAD LOT 27; THENCE N.69'43'09'E. ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.0013'27'W. A DISTANCE OF 300.19 FEET TO THE NG, CONTAINING AN AREA OF 39,626 SQUARE FEE( OR 0.910 ACRES MORE OR LESS. OWNER'S CERTIFICATE.- THE ERTIFICATE: THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF. DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW, I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, 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 WHEAT RIDGE CODE OF LAW'S 6904 W. 48TH AVENUE 6904 48TH LLC 418 RIDGE AVENUE LONGMONT, COLORADO 80501 ANNE MARIE ANA N MEMBER NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF AD. 20_ BY ANNE MARIE POUCH, AS MANAGING MEMBER. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSON EXPIRES: NOTARY PUBLIC OWNI R- 6910 W. 48TH AVENUE TAMARA MAN 'i"D W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY BLI OWNER. 6906 W. 48TH AVENUE =117 JA 48 04 AVETIUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 BY JENNIFER R. JACOBSON. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL- My EALMY COMMISSION EXPIRES: NOTARY PUBLIC DMINEE 6908 W. 48TH AVENUE ROBERT P. KEENAN II 7828 VANCE DRIVE, /100 ARVADA, COLORADO 80003 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF A.D. 20— BY ROBERT P. KEENAN II, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY DUBUC Ell PREPAREDBY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 7B5-332-2483 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, STH P.M. CRY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 9mm 6914 W. 48TH AVENUE 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES. NOTARY PUBLIC OWNER, 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER, EXECUTIVE DIRECTOR NOTARY CFRTFlC.ATF STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020, LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC 6938 48TH AVENUE BDI PROPERTIES, LLC. 1001A E. HARMONY ROAD / 180 FORT COLLINS. COLORADO 80525 JIMMY RAY BOWMAN, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF BDI PROPERTIES, LLC.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: F X1TTRTT d • tAlAP OVMEE 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE S 70 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE CHARLES S. OCHSNER W 48TH AVE 48T1 AVE STATE OF COLORADO ) N COUNTY OF JEFFERSON I 47TH L ti K W Q W 47TH AVE PL h a W p� W 48 TH PL rc 1^ > z mm� o z 2 W Y o MARTENSEN = ES 9mm 6914 W. 48TH AVENUE 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES. NOTARY PUBLIC OWNER, 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER, EXECUTIVE DIRECTOR NOTARY CFRTFlC.ATF STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020, LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC 6938 48TH AVENUE BDI PROPERTIES, LLC. 1001A E. HARMONY ROAD / 180 FORT COLLINS. COLORADO 80525 JIMMY RAY BOWMAN, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF BDI PROPERTIES, LLC.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: F X1TTRTT d • tAlAP OVMEE 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924 W. 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE CHARLES S. OCHSNER 5772 MCINTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON I THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF , A.D. 20 BY CHARLES S. OCHSNER, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 6940 . 48TH AVENUE JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF . A D. 20 BY JOHN ZOOK. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:— NOTARY XPIRES:N Y PUBLIC SURVEYOR'S CERTIFICATE A.D. 20_ I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOW 40MES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATON AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENUED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGI5TRATION NO. 16837 Pf ANAIMC C01i11SaON CERTFl ATON RECOMMENDED FOR APPROVAL THIS _ DAY OF 201 _ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS _ DAY OF 201_ BY THE WHEAT RIDGE GTY COUNCIL ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS COUNTY QERK AND RECORDERS L1 ATE - STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) A.D. 20_ 1 HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO. AT O'CLOCK _ . M. ON THE_ DAY OF A.D., IN BOOK , PAGE RECEPTION NO. CASE HISTORY WS -14-01 JEFFERSON COUNTY CLERK AND RECORDER WZ-14-05 BY: DEPUTY REVISED: 08/10/2014 REVISED: 05/21/2014 DATE: 09/30/2013 PROJECT; S304-.1 City of WheatRjAc LU n Ln\10 _/ '� �J- )6PI) ITEM NO: —1 nr �,r• DATE: December 8, 2014 V f V�� ovIJS Py..T REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 59_201_4 - A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR A PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 6904- 6940 W. 48TH AVENUE (CASE NO. WZ-14-05 / SOMERSET) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO ,I ommuity evelop�me rector City Manager ISSUE: A rezoning to Planned Residential Development (PRD) has been approved for the property at 6904-6940 W. 48`h Avenue pursuant to Council Bill 15-2014. Approval of a Specific Development Plan is the second step in the City's approval process for a PRD. The Specific Development Plan provides a site plan for the subject property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16, 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are provided with the Council Action Form for Council Bill 15-2014. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site. Fees in the amount of $1,105 were collected for the review and processing of the Specific Development Plan. BACKGROUND: Council Bill 15-2014 approved a rezoning to Planned Residential Development (PRD) and the associated Outline Development Plan (ODP). The ODP included general development Council Action Form — Somerset SDP December 8, 2014 Page 2 parameters, whereas the Specific Development (SDP) shows final site plan details. Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints, landscape areas, sidewalks, parking spaces, and existing setbacks. If modifications to the site are proposed in the future an amended SDP would be required. RECOMMENDED MOTION: "I move to approve Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Townhomes PRD and that it take effect upon recordation, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The request has been found to comply with the "criteria for review" in Section 26-305.13 of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation." Or, "I move to deny Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Townhomes PRD for the following reasons: 1. ... and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." Or, "I move to refer back to the Planning Commission for further study, the specific development plan for property located at 6904-6940 W. 481h Avenue and known as the Somerset Homes Townhomes PRD for the following reasons: Council Action Form — Somerset SDP December 8, 2014 Page 3 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 59-2014 CITY OF WHEAT RIDGE, COLORADO Resolution No. 59 Series of 2014 TITLE: A RESOLUTION APPROVING A SPECIFIC DEVELOPMENT PLAN FOR A PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 6904-6940 W. 48TH AVENUE (CASE NO. WS -14-01 / SOMERSET) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a Specific Development Plan for the Somerset Homes Townhomes Planned Residential Development located at 6904-6940 W. 48th Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of the Specific Development Plan; and, WHEREAS, all required publishing, posting and notification requirements for a December 8, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE SPECIFIC DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE KNOWN AS SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The request has been found to comply with the "criteria for review" in Section 26- 305.D of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. And with the following conditions: 1. Typo corrections shall be made prior to recordation. DONE AND RESOLVED by the City Council this 8th day of December 2014. Attachment 1 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk City of ��Wh6atR,i:,dgc ITEM NO: DATE: December 8, 2014 QUEST FOR OR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 60-2014 - A RESOLUTION APPROVING A 19 -LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND LOCATED AT 6904-6940 W. 48TH AVENUE (CASE NO. WS -14-01 / SOMERSET) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: N ® YES ❑ NO ommunity Dfvelopinent Lector City Manager ISSUE: The applicant is requesting approval of a 19 -lot subdivision plat for property located at 6904 to 6940 W. 48`x' Avenue. This is the third and final land use application to allow the conversion of existing condominiums to townhomes on the subject property. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16, 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are provided with the Council Action Form for Council Bill 15-2014. FINANCIAL IMPACT: Fees in the amount of $1,332 were collected for the review and processing of Case No. WS -14-01. BACKGROUND: Council Bill 15-2014 approved a rezoning to Planned Residential Development (PRD) and Resolution 59-2015 approved a Specific Development Plan. In order to convert the existing Council Action Form — Somerset Plat December 8, 2014 Page 2 condominiums to townhomes, a subdivision plat is the final required step to establish individual townhome lots for purchase. Proposed Plat Because no development is being proposed, the lot layout is based on the locations of existing structures and improvements. Nineteen (19) lots are established for each existing dwelling unit and the respective front and back yards. Lot 1 is the largest lot on the property and accommodates the detached single family home on the north portion of the site. A series of five tracts are established on the plat to accommodate existing shared improvements. These include the main driveway, surface parking area, trash storage area, sidewalks, carports, landscaped areas, utility easements, and drainage facilities. All tracts will be owned and maintained by the homeowners association. Five-foot utility easements are provided along the perimeter of the subdivision. Drainage easements are provided as needed and based on the location of existing improvements. A narrow sliver of right-of-way is being dedicated by plat at the southwest corner of the property. All affected service agencies were contacted for comment on the subdivision plat, and have expressed an ability to serve the property. Each unit is already served and separately metered; no concerns were expressed by utility providers. One minor modification to the plat is necessary before recording, and is suggested as a condition of approval. In addition to owner signatures, sheet 2 includes signature blocks for lenders. The applicant has requested that lender signatures be obtained by separate document to reduce circulation of the final mylar. These signature blocks will be removed prior to recordation. RECOMMENDED MOTION: "I move to approve Resolution No. 60-2014, a resolution approving a 19 -lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48`h Avenue, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense." and with the following conditions: Council Action Form — Somerset Plat December 8, 2014 Page 3 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation." Or, "I move to deny Resolution No. 60-2014, a resolution approving a 19 -lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48`h Avenue, for the following reasons: and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 60-2014 CITY OF WHEAT RIDGE, COLORADO Resolution No. 60 Series of 2014 TITLE: A RESOLUTION APPROVING A 19 -LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND LOCATED AT 6904-6940 W. 48TH AVENUE (CASE NO. WS -14-01 / SOMERSET) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from the Somerset Homes Condominiums Homeowners Association to subdivide property located at 6904- 6940 W. 48th Avenue in a Planned Residential Development district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a December 8, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE SUBDIVISION PLAT KNOWN AS SOMERSET HOMES TOWNHOMES FINAL PLAT IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense. And with the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. DONE AND RESOLVED by the City Council this 8th day of December 2014. Attachment 1 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk A4' City of Wh6atP,i:.ddgc POSTING CERTIFICATION CASE NO. WS -14-01 and WZ-14-05 CITY COUNCIL HEARING DATE: t residing at as the applicant for Case No. Notice of Public Hearing at on this 24'" day of (address) WS -14-01 and WZ-14-05 December 8, 2014 &V-F--C� (�o hereby certify that I have posted the 6904 — 6940 W. 48" Avenue (location) November and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. n Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP ICit of W heat Pidge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on December 8, 2014]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. 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 December 8 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29D Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WS -14-01: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a 19 -lot major subdivision for the purpose of converting existing condominiums to townhomes. Published: Wheat Ridge Transcript, November 20, 2014 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 December 8 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 2V Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WS -14-01: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a 19 -lot subdivision for the purpose of converting existing condominiums to townhomes for property located at 6904-6940 W. 48`h Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.000 13'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89043'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89143'21 "W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.000 13'27"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89°43'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.0001327"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Kim Waggoner, Admmnist ativc Assistant 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 December 8 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-05:. An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a rezone from Residential -Three (R-3) to Planned Residential Development (PRD) to convert ownership structure from condominiums to townhomes for property located at 6904-6940 W. 48` Avenue. Published: Wheat Ridge Transcript, November 20, 2014 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 December 8,2014 9 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-05: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a rezone from Residential -Three (R-3) to Planned Residential Development (PRD) to convert ownershi� structure from condominiums to townhomes for property located at 6904-6940 W. 48 Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.00013'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89043'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89043'21 "W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00013127"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89043'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00013'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Kim Waggoner. Administrativc Assistant City of Wheat I dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 REVISED LETTER NOTICE October 22, 2014 Dear Property Owner: This is to inform you of Case No. WZ-14-05 which is a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) and Case No. WS -14-01 a request for approval of a 19 -lot subdivision for the purpose of changing ownership structure by converting existing condominiums to townhomes for property located at 6904-6940 W. 481h Avenue. These requests are scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission October 16, 2014 (� 7:00 p.m. City Council December 8, 2014 (Z 7:00 p.m. As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. Somerset. doc www.ci.wheatridge.co.us - r r KN t1 1 wk AGEW If i 1 door iO E so I. City of _�9rW heatI�idgc ITEM NO: DATE: October 27, 2014 REQUEST FOR CITY COUNCIL ACTION C L l TITLE: COUNCIL BILL NO. 15-2014- AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL -THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-14-05 / SOMERSET) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ® ORDINANCES FOR 1 ST READING (10/27/2014) ❑ ORDINANCES FOR 2ND READING (12/08/2014) Community Development Director ❑ NO City Manager ISSUE• The applicant is requesting approval of a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W. 48`h Avenue. The proposed rezoning area includes 0.91 acres. The purpose of the request is to allow the conversion of existing condominiums to townhomes. There is no new development being proposed at this time; the request will simply allow a change in the type of ownership. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16, 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site. Fees in the amount of $2094 were collected for the review and processing of Case No. WZ-14-05. Case No. WZ-14-07/Germano Council Action Form October 27, 2014 Page 2 BACKGROUND: The property is located at 6904-6940 W. 48`h Avenue in the northeast quadrant of the City. The property is currently zoned Residential -Three (R-3) which allows for single-, two-, and multi- family development. The subject site is 39,626 square feet (0.91 acres) in size and includes 19 condominiums in two primary structures. A detached single -story dwelling originally built in 1957 is located at the north end of the property. Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condos were built in 1983. A carport with 21 spaces is located along the eastern property line. Surrounding Land Uses The site is embedded in a neighborhood and is surrounded by other residentially zoned properties. To the north, east, and west are properties zoned Residential -Two (R-2) containing single- and two-family homes. To the south along Quay Street are properties zoned R-3 with multi -family and two-family residences. Current and Proposed Zoning The purpose of the zone change request from Residential -Three (R-3) to Planned Residential Development (PRD) is to allow the conversion of the existing 19 units from condominiums to townhomes. There is no new development being proposed at this time; but a change in the type of ownership is desired for several reasons. Financing for townhomes is currently much easier to obtain than for condominiums. Several owners are seeking to sell their units but are unable to do so in today's market conditions. The ability to sell the units as townhomes will provide new options for affordable homeownership in the City and may promote owner occupancy. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the air space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land, the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed. Under the current R-3 zoning, the property is considered legally nonconforming in terms of density. Under current standards, the maximum permitted density is 12 dwelling units per acre in R-3. Based on the size of the property, only 10 units would be permitted under the current zoning. Under PRD zoning, the maximum density is 21 units per acre, so the existing 19 units would be permitted and could be platted As part of the zone change, the applicant has prepared two documents. The Outline Development Plan (ODP) establishes the zoning and development standards, and the Specific Development Plan (SDP) provides site plan details. These documents will be included with the ordinance for second reading. Council Action Form October 27, 2014 Page 3 Related Applications A subdivision application was submitted in conjunction with the rezoning request. Subdivisions are approved by resolution, and the request will be presented with the zone change ordinance at the public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2014 an ordinance approving the rezoning of property located at 6904-6940 W. 48th Avenue from Residential -Three (R-3) to Planned Residential Development (PRD) on first reading, order it published, public hearing set for Monday, December 8, 2014 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 15-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 15 ORDINANCE NO. Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL -THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ 14-05 / SOMERSET) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a zone change to the Planned Residential Development zone district for property located at 6904-6940 W. 48th Avenue -land, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for increased homeownership opportunities and stable neighborhoods; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of rezoning the property to Planned Residential Development (PRD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Somerset Homes Condominiums Homeowners Association for approval of a zone change ordinance from Residential Three (R-3) to Planned Residential Development (PRD) for property located at 6904-6940 W. 48th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.00013'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE- QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89°43'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89043'21"W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00013'27"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89043'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00°13'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge 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; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 27th day of October, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, December 8, 2014 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this day of 2014. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney 1 St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: City of WheatI,idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. October 31, 2014 Mr. Chuck Ochsner 5440 Ward Rd., #230 Arvada, CO 80002 Dear Mr. Ochsner: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of October 16, 2014, Planning Commission recommended APPROVAL of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 481h Avenue for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. At the same meeting, Planning Commission recommended APPROVAL of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904-6940 W. 481h Avenue, for the following reasons: 1. All utility agencies can provide services to the property. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: If lender signatures are obtained by separate document, they shall be removed from the plat prior to recordation. Your request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans and a19 -lot major subdivision for property located at 6904-6940 W. 48`h Avenue is scheduled for public hearing before City Council at 7:00 p.m. on December 8, 2014. Please feel free to contact me at 303-235-2846 if you have any questions. C C/ www.ci.w h ea trid ge.co.0 s Sincerely, r v/ � I �/�L�� Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes cc: WZ-14-05 & WS -14-01 (case file) SomersetPC.doc 7. PUBLIC HEARING A. Case No. WZ-14-05 & Case No. WS -14-01: Ms. Mikulak presented the related cases together. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated there are no proposed physical changes to the property. The purpose of the zone change and subdivision requests is to convert the existing condominium units to townhomes. Commissioner DORSEY asked if there will be a townhome association and if the association will own the common drive. Ms. Mikulak replied yes. Commissioner DORSEY stated the townhome units will each own a carport and the common area will be owned by the association. Ms. Mikulak concurred. In response to Commissioner TIMMS inquiry, Ms. Mikulak stated each owner authorized the President of the Condo Association to represent them in the application. Commissioner TIMMS inquired why the owners wanted to convert the condos to townhomes. Ms. Mikulak stated due to the difficulty in getting financing and to increase the property value. Commissioner TIMMS inquired about the number of owner occupied units and rental units. Ms. Mikulak replied she does not know. There was some discussion about the stairs for unit number fifteen. They are shared by several units and are therefore part of the commonly owned Tract A. Chair BRINKMAN opined the drainage area at the southwest corner is not effective. Ms. Mikulak stated it is not intended to hold water but to convey it to the storm sewer. Chair BRINKMAN asked if Tract B is part of the HOA. Ms. Mikulak stated all tracts are commonly owned. Chair BRINKMAN asked if there will be a change in property taxes. Ms. Mikulak replied she did not know. Charles Ochsner 11748 W. 54`h P1, Arvada CO Mr. Oschner stated he is one of the nine owners and he owns twelve units and is a partner in the single family home. He said he purchased the units several years ago and did not intend to own them for this long. He and several other owners would have liked to sell their units, but found the financing for condos is challenging or nonexistent. He said Wheat Ridge 2020 owns three units and is experiencing the same issue. The units were originally built as townhomes and recorded as condominiums. The goal is to make them more financeable. The common area remains exactly as it was before and each unit will have a specific carport and the property taxes will increase. Chair BRINKMAN opened the public hearing. Britta Fisher Executive Director of Wheat Ridge 2020 Ms. Fisher stated the reason WR2020 got involved was to do significant exterior/interior renovations. She said this is the next step to accomplish the initial goal of selling the units to promote affordable homeownership. Jennifer Jacobson 6906 w. 48`h Ave. Ms. Jacobson stated the units are an affordable entry into Wheat Ridge. This needs to become a financeable opportunity for families coming to Wheat Ridge. She would appreciate the opportunity to sell as she would like to buy a larger property in Wheat Ridge. Chair BRINKMAN closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48" Ave, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Motion carried 5-0. It was moved by Commissioner OHM and seconded by Commissioner TIMMS to recommend approval of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904-6940 W. 48`h Avenue, for the following reasons: I. All utility agencies can provide services to the property. 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: L If lender signatures are obtained by separate document, they shall be removed from the plat prior to recordation. Motion carried 5-0. Ms. Mikulak stated the application will be heard by City Council on December 8, 2014. WZ-14-05 & WS -14-01 6904-6940 W. 48t11 Ave Request for approval of a 19 -lot subdivision and a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) Planning Commission Zoning Map October 16, 2014 • k. i.i r Vicinity Map From W. 48" Ave looking southeast 7 Looking south into the site - Existing attached units View from W. 47t1 Place and Quay Request :: Plat ?' • Existing 19 dwelling units = condominiums • Requesting conversion from condo to A. J townhomes — Condo = owns air space — Townhome = owns land (requires lot lines) • No development is proposed; only change is type of ownership Request :: Zoning • Max density in R-3 = 12 units / acre — Existing development is legal nonconforming • Max density in PRD = 21 units / acre — Based on site (0.91 acres), 19 units permitted • PRD requires two documents: — Outline Development Plan (ODP) = zoning standards — Specific Development Plan (SDP) = site plan ODP and SDP :: Sheet 1 ODP:: Sheet 2 - ODP :: Sheet 2 12/30/2014 -. FWLL RAT I 3 fwu RAT -SFT , TovM NUL PA? ----- --- — -- I MCI -ma.PPM- iii -WNW 12/30/2014 -. FWLL RAT I 3 fwu RAT -SFT ----- --- — -- 41 -WNW 12/30/2014 -. FWLL RAT I 3 Process _ Staff Recommendation :: Zoning Neighborhood Meeting: — Held on February 19, 2013 — Three neighbors in attendance Referral: — No concerns from any agency — Separate utility meters already on site — Building Division: no work is needed for conversion — Public Works: plat is approvable Staff Recommendation :: Plat Staff concludes: — All agencies can serve the property — All requirements of Article IV (subdivision regulations) have been met Staff recommends APPROVAL of the request with one condition: — Lender signatures removed Staff concludes: — Zone is supported by adopted plans — Proposal meets zone change criteria — ODP meets all requirements — SDP meets all requirements Staff recommends APPROVAL of the request with one condition: — Typo correction SDP:: Sheet 2 ��441 City of WheatR-i' ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 16, 2014 CASE NO. & NAME: WS -14-01 and WZ-14-05 / Somerset ACTION REQUESTED: Request for approval of a 19 -lot subdivision and a zone change from Residential - Three (R-3) to Planned Residential Development (PRD) for the purpose of converting existing condominiums to townhomes LOCATION OF REQUEST: 6904 — 6940 W. 48`h Avenue APPLICANT(S): Somerset Homes Condominium Association PROPERTY OWNER(S): Somerset Homes Condominium Association; 6904 48h, LLC; Tamara Manthey; Jennifer Jacobson; Robert P. Keenan, II; Aimee Sorensen; Wheat Ridge 2020, LLC; BDI Properties, LLC; Charles S. Ochsner; and John Zook APPROXIMATE AREA: 39,626 Square Feet (0.91 Acres) PRESENT ZONING: Residential -Three (R-3) PRESENT LAND USE: Multi -family residential (18 attached condominiums and 1 detached) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 19 -lot subdivision plat and a zone change from Residential - Three (R-3) to Planned Residential Development (PRD) on property located at 6904 to 6940 W. 48`h Avenue. The purpose of the request is to allow the conversion of existing condominiums to townhomes. There is no new development being proposed at this time; the request will simply allow a change in the type of ownership. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the living space of a dwelling unit. As townhomes, an owner purchases the dwelling unit and the land on which the unit is built. In order to purchase land, the property must be platted into individual lots. In order to plat 19 townhome lots, the zoning on the property must be changed. Based on the number of lots, the plat is processed as a major subdivision. The zone change request to a planned development includes an Outline Development Plan (ODP) and Specific Development Plan (SDP). For both the plat and for the zone change, the Planning Commission will make a recommendation to City Council which is the final authority for approval. 11. EXISTING CONDITIONS The property is located at 6904-6940 W. 48`h Avenue in the northeast quadrant of the City. The site is current) zoned Residential -Three (R-3) and is surrounded by other residentially zoned properties . To the north, east, and west are properties zoned Residential -Two (R-2) containing single- and two-family homes. To the south along Quay Street are properties zoned R-3 with multi -family and two-family residences. The subject site 39,626 square feet (0.91 acres) in size. The site includes a detached single family home at the north end of the property. The home was built in 1957 and is a single -story in height. It is approximatel 1,150 square feet in size and has a narrow private driveway along the western property line Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condominiums were built in 1983. The interior of the property provides parking for tenants and visitors, including carports along the eastern property line and open spaces in the middle of the site. The majority of the landscaping on the ro ert is located in the north portion of the site with smaller landscape areas in front of each unit In addition to the primary frontage on W. 481h Avenue, there is right-of-way adjacency at the southwest corner of the property at W. 47th Place and Quay Street. This corner of the property includes mature landscaping and a drainage feature. Ownership of the property and units is divided among nine parties. Planning Commission Case No. WS -l4-01 and WZ-l4-05/Somerset III. PROPOSED ZONING The applicant is requesting a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) for several reasons. Under the current R-3 zoning, the minimum lot size requirement is 7,500 square feet and minimum lot width is 60 feet. Because the townhouse lots will be substantially smaller to align with the footprint of each dwelling unit, the lots cannot meet the m i n i m um R-3 lot size standards. In terms of density, the property is considered legally nonconforming. Under current R-3 standards, the maximum permitted density is 12 dwelling units per acre. Based on the size of the property, only 10 units would be permitted under the current zoning. Under PRD zoning, maximum density is 21 units per acre, so the existing 19 units would be permitted. The City's process for rezoning to a Planned Residential Development requires two documents: an Outline Development Plan (ODP) which establishes the zoning, permitted uses, and development standards and a Specific Development Plan (SDP) which provides site plan details. In this application, the ODP and SDP were submitted together for review and reflect the existing conditions. Outline Development Plan The ODP includes two sheets Sheet 1 includes the legal description and required signature blocks. Sheet 2 includes development standards and a general layout of the site. Because no new development is proposed at this time, the ODP includes minimum and maximum standards that allow the existing conditions but also have enough flexibility to accommodate minor modifications in the future. Permitted uses and development standards vary based on the use areas of the site. Lot 1 is larger and allows for detached single family homes and typical accessory structures. The townhome parcels (Lots 2-19) only allow for attached townhomes. Home-based businesses and household pets are permitted accessory uses, but RV and boat storage is prohibited. Setbacks for the townhomes are 5 feet along the perimeter of the site. Lot 1 has larger setbacks consistent with other single family homes along W. 48`h Avenue. Lot coverage maximums are based on the existing conditions. Specific Development Plan The SDP also includes two sheets with standard declarations on Sheet 1 and a site plan on Sheet 2 Because the planned development is being established to allow the existing structures, the site plan simply shows the existing conditions including the building footprints, landscape areas, sidewalks, parking spaces, and existing setbacks. The townhomes are two story buildings with second story overhangs, landscaping at the front door, and paved back yard patios. If modifications to the site are proposed in the future an amended SDP would be required. IV. PLANNED DEVELOPMENT CRITERIA Criteria for the review of ODP and SDP documents are provided in section 26-303.D and 26-305.1), respectively. Staff has provided an analysis of these criteria below. Planning Commission shall base its recommendation in consideration of the extent to which the criteria have been met. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset OUTLINE DEVELOPMENT PLAN 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in an adverse effect on the surrounding area. The development has existed in the neighborhood for over 30 years. The applicant anticipates that a conversion from condos to townhomes may increase property values and increase homeownership which would benefit the community. Staff concludes this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. As described above, the existing density on the site is considered legal nonconforming under the current R-3 zone district. A Planned Residential Development is the only zone district that will allow for the platting of 19 townhome lots. Staff concludes this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public water and sewer districts. All utility agencies have indicated they can continue providing service to the property. No upgraded infrastructure is necessary. Staff concludes this criterion has been met. 4. At least one (1) of the following conditions exists: a. 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 city - approved policies or plans for the area. In the City's comprehensive plan, Envision Wheat Ridge (2009), the subject area is designated as "neighborhood." The existing dwelling units have been part of the established neighborhood for over 30 years, but as condominiums many are renter -occupied. Financing can be easier to obtain for the purchase of townhomes than for the purchase of condominiums. Currently, several units are owned by Wheat Ridge 2020 and a conversion to townhomes may enable sale of the units. Ultimately, the applicant anticipates that the conversion may help to promote homeownership. The goals of the comprehensive plan include improving neighborhood stability, property values, and homeownership; and the rezoning application promotes this goal. Staff concludes this criterion has been met. 4 Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset b. The existing zone classification currently recorded on the official zoning maps of the City Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-3 zoning designation as it appears on the City's zoning maps. Staff concludes this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request neither responds to, nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. SPECIFIC DEVELOPMENT PLAN 1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article. The purpose of a planned development is to promote well-designed and innovative new developments that may not be feasible in other zone districts. While the existing conditions of the site are not particularly notable from a design perspective, the planned development allows for townhome ownership which is not otherwise permitted in the City's standard residential zone districts. For this reason, the SDP is considered to be consistent with the purpose of a planned development. Staff concludes this criterion has been met. 2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan. The SDP is consistent with the existing improvements on the property and with the proposed purpose of the outline development plan. Staff concludes this criterion has been met. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerse! 3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan. The SDP is consistent with the existing uses on the property and N ith the proposed use standards in the outline development plan. Staff concludes this criterion has been met. 4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan. No new development is being proposed; the SDP shows existing conditions and does not propose any modifications to the design of the site. Staff concludes that this criterion is not applicable. 5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity. The site is currently served by public sewer and water districts, and each unit is already metered separately for gas and electric service. All utility agencies have indicated they can continue providing service to the property. Staff concludes this criterion has been met. 6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Ma►rttal, Streetscape Design Manual, and other applicable design standards. The requirements of the Architectural and Site Design Manual and Streetscape Design Manual are triggered by new development and not by a zone change. Staff concludes that this criterion is not applicable. V. PROPOSED SUBDIVISION PLAT In order to convert the existing condominiums to townhomes, a subdivision plat is re uired to establish individual lots for purchase. The proposed plat is currently comprised of four sheets . Sheet 1 is the declaration page and includes the legal description and required signature blocks for the city, county, and surveyor. Signature blocks for the nine owners span Sheets I and 2. In addition, Sheet 2 includes signature blocks for lenders. The applicant has requested that lender signatures be obtained by separate document to reduce circulation of the final mylar. This change will be made prior to recordation. Sheet 3 includes standard notes and site data tables. Sheet 4 shows the graphic layout of the subdivision, the features of which are described below. Planning Commission Case No. N,`S-14-01 and WZ-14-05 /Somerset Lot Layout The lot layout is based on the locations of existing structures and shared walls between each attached dwelling unit. Lot 1 accommodates the detached single family home on the north portion of the site. The eastern property line of Lot 1 is irregular because it follows the existing edge of the landscaped side yard. Lots 2 through 19 will accommodate the 18 attached dwelling units and their respective front and back yards. These lots may only be developed as attached townhomes; this is memorialized on Sheet 3 in note 13. Tracts A series of tracts are established on the plat to accommodate existing shared improvements. The specific purpose of each tract is established on plat and summarized below: • Tract A is located in the middle of the site and includes the main driveway, the surface parking area, the trash storage area, and the sidewalk that extends along the front of all units. • Tract B is located at the southwest corner of the property and includes landscaping and drainage improvements. • Tract C is located at the northeast corner of the property and also includes landscaping and drainage improvements. • Tract D is located on the east side of the site and includes the existing carport structure. The boundary of Tract D is slightly larger than the footprint of the existing carports in order to accommodate any future reconstruction of the carport structure. • Tract E is located along the eastern property line and is coterminous with a 5 -foot wide utility easement. All tracts will be owned and maintained by the homeowners association. Easements Five-foot utility easements are provided along the perimeter of the subdivision. Drainage easements are provided as needed and based on the location of existing improvements. During review of this application, it became apparent that a 21" pipe is located under the existing carport structure. To protect the existing infrastructure, a 6 -foot drainage easement traverses Tract D. A note on the plat requires Public Works review of any alteration to the carport to ensure that the pipe is not impacted. Right-of-way Dedication A narrow sliver of right-of-way is being dedicated by plat at the southwest corner of the property. West 47`h Place is substandard in width (40 feet), and the corner of W. 47`h Place and Quay Street intersects at a right angle instead of a curve. The subject property has minimal adjacency to the street, but a small area is being dedicated for a standard curved intersection. This area is less than 20 square feet in size. Vl. AGENCY REFERRALS All affected service agencies were contacted for comment on the zone change and subdivision plat regarding the ability to serve the property. Specific referral responses follow. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset Wheat Ridge Public Works: The application has been reviewed and approved. Wheat Ridge Building Division: The original Certificates of Occupancy recognize the attached units as townhomes, so no action related to building code is required. Wheat Ridge Fire District: Deferred to Building Division comments in regards to building codes; no additional requirements. Wheat Ridge Sanitation District: Can serve; conversion to townhomes does not impact ability to serve the property. Xcel Energy: Can serve. Wheat Ridge Water District: No comment. Comcast Cable: No comment. Century Link: No comment. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed Planned Residential Development and accompanying Outline and Specific Development Plans are consistent with the goals and policies of the City's comprehensive plan. A conversion to townhomes may promote neighborhood stability and home ownership. With no proposed redevelopment, staff concludes that the rezoning will not adversely affect the health, safety, and welfare of the community. Staff further concludes that the proposed subdivision plat is compliant with the proposed PRD zone district regulations and results in a logical lot layout for the existing development. Staff further concludes that the subdivision plat complies with the standards in Article IV (subdivision regulations) of the zoning and development code and that all utility agencies can serve the property. For these reasons, Staff recommends approval of the zone change and subdivision plat with the conditions listed below. VIII. SUGGESTED MOTIONS A motion to approve the zone change must precede a motion to approve the subdivision plat. ZONE CHANGE Option A: "I move to recommend APPROVAL of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904 — 6940 W. 48`h Avenue, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. Planning Commission Case No. WS -14-01 and N1Z 14-05 /Somerset 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Option B: "I move to recommend DENIAL of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904 — 6940 W. 48" Avenue, for the following reasons: SUBDIVISION PLAT Option A: "I move to recommend APPROVAL of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904 — 6940 W. 48`h Avenue, for the following reasons: 1. All utility agencies can provide services to the property. 2. All requirements of Article 1V of the zoning and development code have been met. With the following conditions: I. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. Option B: "1 move to recommend DENIAL of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904 — 6940 W. 48`h Avenue, for the following reasons: 1. 2. 3. Planning Commission Case No. 11"S-14-01 and HZ44-05 Somerset Iry detached " single-family r- homdm--,, "O i �• rY •• F +• J . 1 1 r • I carports i r 98 attached -•• dwelling units • a .. Planning Commission Case No. WS -14-01 and WZ-14-05 /Somerset View of attached townhomes with overhanging second floor and landscaping at front door. 13 2. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. If lender signatures are obtained by separate document, they shall be removed from the plat prior to recordation. Motion carried 5-0. Ms. Mikulak stated the application will be heard by City Council on December 8, 2014. 8. OTHER ITEMS A. Ms. Mikulak stated public hearings are scheduled on November 6 and 20. Commissioner TIMMS stated he is unavailable on November 6. B. Chair BRINKMAN inquired about upcoming code changes. Ms. Mikulak stated staff has started to review and prioritize topics for 2015 such as lighting, cell towers, potentially accessory dwelling units and signs. C. Chair BRINKMAN asked when the Commission will vote for Chair. Ms. Mikulak replied in January 2015. 9. ADJOURNMENT It was moved by Commissioner TIMMS and seconded by Commissioner DORSEY to adjourn the meeting at 7:55 p.m. Motion carried 5-0. Scott Ohm, Vice Chair Planning Commission Minutes September 4, 2014 Kim Waggoner, Recording Secretan, ME their units, but found the financing for condos is challenging or nonexistent. He said Wheat Ridge 2020 owns three units and is experiencing the same issue. The units were originally built as townhomes and recorded as condominiums. The goal is to make them more financeable. The common area remains exactly as it was before and each unit will have a specific carport and the property taxes will increase. Chair BRINKMAN opened the public hearing. Britta Fisher Executive Director of Wheat Ridge 2020 Ms. Fisher stated the reason WR2020 got involved was to do significant exterior/interior renovations. She said this is the next step to accomplish the initial goal of selling the units to promote affordable homeownership. Jennifer Jacobson 6906 w. 48t11 Ave. Ms. Jacobson stated the units are an affordable entry into Wheat Ridge. This needs to become a financeable opportunity for families coming to Wheat Ridge. She would appreciate the opportunity to sell as she would like to buy a larger property in Wheat Ridge. Chair BRINKMAN closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-14-05, a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development and accompanying Outline and Specific Development Plans for property located at 6904-6940 W. 48" Ave, for the following reasons: 1. The proposal is consistent with the City of Wheat Ridge comprehensive plan. 2. The proposal meets the zone change criteria. 3. All requirements of an Outline Development Plan have been met. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation. Motion carried 5-0. It "as moved by Commissioner OHM and seconded by Commissioner TIMMS to recommend approval of Case No. WS -14-01, a request for approval of a 19 -lot major subdivision for property located at 6904-6940 W. 48'h Avenue, for the following reasons: 1. All utility agencies can provide services to the property. Planning Commission Minutes -3— September 3—September 4, 2014 7. PUBLIC HEARING A. Case No. WZ-14-05 & Case No. WS -14-01: Ms. Mikulak presented the related cases together. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated there are no proposed physical changes to the property. The purpose of the zone change and subdivision requests is to convert the existing condominium units to townhomes. Commissioner DORSEY asked if there will be a townhome association and if the association will own the common drive. Ms. Mikulak replied yes. Commissioner DORSEY stated the townhome units will each own a carport and the common area will be owned by the association. Ms. Mikulak concurred. In response to Commissioner TIMMS inquiry, Ms. Mikulak stated each owner authorized the President of the Condo Association to represent them in the application. Commissioner TIMMS inquired why the owners wanted to convert the condos to townhomes. Ms. Mikulak stated due to the difficulty in getting financing and to increase the property value. Commissioner TIMMS inquired about the number of owner occupied units and rental units. Ms. Mikulak replied she does not know. There was some discussion about the stairs for unit number fifteen. They are shared by several units and are therefore part of the commonly owned Tract A. Chair BRINKMAN opined the drainage area at the southwest corner is not effective. Ms. Mikulak stated it is not intended to hold water but to convey it to the storm sewer. Chair BRINKMAN asked if Tract B is part of the HOA. Ms. Mikulak stated all tracts are commonly owned. Chair BRINKMAN asked if there will be a change in property taxes. Ms. Mikulak replied she did not know. Charles Ochsner 11748 W. 54`h Pl, Arvada CO Mr. Oschner stated he is one of the nine owners and he owns twelve units and is a partner in the single family home. He said he purchased the units several years ago and did not intend to own them for this long. He and several other owners would have liked to sell Planning Commission Minutes -2— September 2_September 4, 2014 1. 2. 3. 4. 5. 6. .'A4 O WheatRjdge PLANNING COMMISSION Minutes of Meeting October 16, 2014 CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:16 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Anne Brinkman Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Alan Bucknam Silke Popp Amanda Weaver Lauren Mikulak, Senior Planner Kim Waggoner, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 5-0. APPROVAL OF MINUTES — September 4, 2014 It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the minutes of September 4, 2014, as written. Motion carried 5-0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes September 4, 2014 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COIILEHAN ORANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON CQUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE SD013'27'E. ALONG THE EAST UNE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A PONT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY UNE OF WEST 48TH AVENUE; THENCE S89'43'21'W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89'43'21'W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.DO13'27'E. A DISTANCE OF 300,20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BONG A POINT ON THE SOUTH LME OF SAID LOT 27; THENCE N.89'4YOVE. ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.0013'2YW. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF RFGINNING, CONTAINING AN AREA OF 39,626 SOUARE FEET OR 0.910 ACRES MORE OR LESS OWNER'S CERVICATE: THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, 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 WHEAT BODGE CODE OF LAWS. 6904 W. 48TH AVENUE 6904 48TH LLC 418 FUDGE AVENUE LONGMONT. COLORADO 80501 ANNE MARIE POUCIT-VAR'XWmEMBER NOTARY CERTFlCATF STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY ANNE MARIE POUCH. AS MANAGING MEMBER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC 6910 W. 46TH AVENUE TXMA 6910 W. 48TH AVENUE WHEAT RIDGE. COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES:— NOTARY XPIRES:0 A V PUBLIC DOWER, 6906 W. 48TH AVENUE JENNIFER A 9606 W. 48 AVENUE WHEAT RIDGE, COLORADO NOTARY (ERTIFlGATF STATE OF COLORADO ) 9 ) SS Z COUNTY OF JEFFERSON ) A THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 20 C BY JENNIFER R. JIACOBSON, AS OWNER. — (� NTNE55 MY HAND AND OFFICIAL SEAL rF MY COMMISSION EXPIRES: W Y PUBLJC 3p OWN p 6908 W. 48TH AVENUE ROBERT P. KEENAN II COUNT' G] Fin[ AND RFCORDFR[ Cl72TFl . STATE OF COLORADO ) 7828 VANCE DROVE, /f00 ) SS ARVADA, COLORADO 80003 NOTARY CERTIFICATE I S STATE OF COLORADO ) 1 HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND ) SS RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK M. ON COUNTY OF JEFFERSON ) W 46TI, THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20— BY ROBERT P. KEENAN 11, AS OWNER, WITNESS MY HAND AND OFFICIAL SEAL JEFFERSON COUNTY CLERK AND RECORDER MY COMMISSION EXPIRES: PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET NU ST. FRANCIS, KS 67756 U TEL 785-332-2463 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CRY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 2 SCALE: 1- - 500' OWNER, 6914 W. 48TH AVENUE M. 1109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY RERTIFlCA7F STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN. AS OWMER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC OlWw 8: 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT NEIGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E FISHER. EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 —BY BRITTA E FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC Qom; 6938 W. 48TH AVENUE BDI PROPERTIES, LLC. 10D1A E. HARMONY ROAD 0 180 FORT COLLINS, COLORADO 80525 JIMMY RAY BOWMAN, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF SDI PROPERTIES, LLL.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: F VUTUTrr A - ""D LI L Ilk 1 i 1 LJ 1 1 --w <J lJ 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924W. 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE CHARLES S. OCHSNER 5772 MCINTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __DAY OF A.D. 20— BY CHARLES S OCHSNER. AS OWNER. WTNESS MY HAND AND OFFICIAL SEAL- MY EALMY COMMISSION EXPIRES NOTARY PUBLIC 66E W. 48TH AVENUE JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CFRTIFICA7F STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D 20_ BY JOHN ZOOK, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBO SURVEYOR'S CERTIFICATE A.D. 20_ 1. STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE NTH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 PLANNING QOMMIq=N C RTF1 #TON• RECOMMENDED FOR APPROVAL THIS _ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CiRMFICAT10N: APPROVED THIS _ DAY OF 201_ BY THE WHEAT RIDGE CITY COUNCIL ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS COUNT' G] Fin[ AND RFCORDFR[ Cl72TFl . STATE OF COLORADO ) ) SS I S 70 1 HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK M. ON W 46TI, AIL , PTI RECEON NO. ' 48TH AVE WS -14-01 JEFFERSON COUNTY CLERK AND RECORDER WZ-74-05 BY: N 47TH L v a W 47TH AVE PL N y 46 Q m _ '^ W 46 TH PL 1- mrcm�' WoW N W N N < ZJ N i N 1[ Z MARTENSEN 3 ES VICINITY MAP SCALE: 1- - 500' OWNER, 6914 W. 48TH AVENUE M. 1109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 80109 NOTARY RERTIFlCA7F STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN. AS OWMER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC OlWw 8: 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT NEIGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E FISHER. EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 —BY BRITTA E FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC Qom; 6938 W. 48TH AVENUE BDI PROPERTIES, LLC. 10D1A E. HARMONY ROAD 0 180 FORT COLLINS, COLORADO 80525 JIMMY RAY BOWMAN, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF SDI PROPERTIES, LLL.. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: F VUTUTrr A - ""D LI L Ilk 1 i 1 LJ 1 1 --w <J lJ 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924W. 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE CHARLES S. OCHSNER 5772 MCINTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __DAY OF A.D. 20— BY CHARLES S OCHSNER. AS OWNER. WTNESS MY HAND AND OFFICIAL SEAL- MY EALMY COMMISSION EXPIRES NOTARY PUBLIC 66E W. 48TH AVENUE JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CFRTIFICA7F STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D 20_ BY JOHN ZOOK, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBO SURVEYOR'S CERTIFICATE A.D. 20_ 1. STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE NTH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 PLANNING QOMMIq=N C RTF1 #TON• RECOMMENDED FOR APPROVAL THIS _ DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CiRMFICAT10N: APPROVED THIS _ DAY OF 201_ BY THE WHEAT RIDGE CITY COUNCIL ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS REVISED: 06/10/2014 REVISED: 05/21/2014 COUNT' G] Fin[ AND RFCORDFR[ Cl72TFl . STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) A.D. 20_ 1 HEREBY CERTIFY THAT THIS PUT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK M. ON _. THE DAY OF , _ A.D., IN BOOK PAGE , PTI RECEON NO. ' CASE HISTORY WS -14-01 JEFFERSON COUNTY CLERK AND RECORDER WZ-74-05 BY: REVISED: 06/10/2014 REVISED: 05/21/2014 OF THE ME 1/4 SECTION 23 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 2 OF 2 NORTHEAST CORNER SECTION 23, N 1/4 CORTNER BOOK 121. PAGE 481 (CITY MOUNUMENT/ 13808. 3-1/4-. BRASS CAP S RANEE POINT BOX 3 1/4' ALLOY CAP IN RANGE POINT BOX PUT o -- CM STAMPED "LS 13212' CAI STAMPED C 13212.' ci o 0 12 (WCP /13709. N. 711112_44. E 118427.57) - - i1aT 48TH AVE - - - - - MJ`7L]t 751A F O N69'43'21'E 2625.30' T - 't 1) POINT OF COMMEM 1968.94' - - - - - ; - - NORTH LINE NORTHEAST 1/4. SECTION 23- - PUT BOOK 2 PACE 46 . 1I ISI' ".. —.TRUa OF§BYN 12W4321'w Se950 tj GACG_ R \ 1z.3s13' 00 C_ L� 1LAAPING DRINA.6 A ASEMENT AREA \ I / 1 LANOSCAPWC- � � \ o I 1 A V I AR A Lot 1 I � I � SET v I 13ACKI S I 5' UTILITY EASEMENT-"< ASEMENT I SLHTB I DRAINAGE I6' DRAINAGE AREA o m� EASEMENT -� ZONED R3 / R2 PART OF LOT 27 IWA�I. A �Ta<.- 0 COULEHAN GRANGE _ot 2 I - SUBDIVISION I ZONED PART OF LOT LOT 27 COULEHAN GRANGE Lu SUBDIVISION I V SETBA I I I I I I I I'rf\ I Loi 4 m- g IYy I X ` ID IH� DRAINAGE AREA 2 MAximuM DENSITY o: I I I rr ;In N' 3 H� t}' SCALE t'- 20 a 20 0 10 20 I I I 9 I I t 1: LEPPU MINOR SUB T I MAXIMUM HEIGHT 35 FEET TRACT D I eF P I 9 I i 1 z I c 1 � I E N I TRACT b", EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WIINN i t�4 F I SW 1/4 SECTION 23. j 3 1/4' ALLOY CAP IN RANGE PONT BOX, CAP j STAMPED "lS 13212" (UCP {14709, N. 708468.52,E 11843538) — — - 5' UTILITY EASEMENT-"< ASEMENT I SLHTB I DRAINAGE I6' DRAINAGE AREA o m� EASEMENT -� ZONED R3 / R2 PART OF LOT 27 IWA�I. A �Ta<.- 0 COULEHAN GRANGE _ot 2 I - SUBDIVISION I ZONED PART OF LOT LOT 27 COULEHAN GRANGE Lu SUBDIVISION I V SETBA Loi 4 X ` z DRAINAGE AREA RiGHI-OF-WA" MAximuM DENSITY o: I I I Q i5 .. N' 3 H� o I a 10'0' RIGHT-OF-WAY MAXIMUM HEIGHT BY PUT OF Lot 6 LEPPU MINOR SUB T 75% MAXIMUM HEIGHT 35 FEET TRACT D HOUSEHOLD PETS. LIMITED TO NO MAXIMUM BUILDING COVERAGE 100% MAXIMUM /EIGHT Lct 7 PRIMARY USES: — z I TRACT D 8 PRIMARY USES: TO ATTACHED CARPORTS OR N I TRACT b", EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WIINN z DIRECTOR OF PUBLIC WORKS. Lot 9 MOT PEW rnflh RV/BOAT STORAGE pct 70 I I ZONED R -2 - PART OF LOT 27 I COULEHAN GRANGE I SUBDIVISIONL.t I 12 M I, I. IRacl t1 LANDSCAPING h 40% DRAINAGE AREA RiGHI-OF-WA" MAximuM DENSITY JED.CATION. SCE MINIMUM OFF-STREET PARKING PLAT N89 PLACE b 10'0' RIGHT-OF-WAY MAXIMUM HEIGHT BY PUT OF LOTS 2-19 LEPPU MINOR SUB T 75% MAXIMUM HEIGHT ml ■m WIN� 6' ZONED R3 LOT 9 LEPPLA MANOR SUB _It. 44TH AVENUE ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE SUBDI VISION UTILITY i i ZONED R2 UTILITY PART OF LOT 26 SEMENT COULEHAN GRANGE SUBDIVISION I I EAST 1/4 CORNER SECTION 23. 09 3 1/4' BRASS CAP IN RANGE PONT 80X CAP STAMPED 'LS 13212' I, (WCP /148, N. 70648261• E. 121063.15) OUTLINE DEVELOP" PUN GENERAL NOTE THIS OUTLINE DEVELOPMENT PUN IS CONCEPTUAL IN NATURE. SPEOFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT ND BUILDINGARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT' AS A RESULT. A SPECIFIC VED RIGHT-OF-WAY OF -WAY OR BUILDING APPLICATION AND NYYSUBSEQUENT SITE DEVELOPMENT. THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF CHARACTER OF DEVELOPMENT: THIS OUTLINE DEVELOPMENT PLAN ESTABLISHES THE SOMERSET HOMES TOWINNOMES AS A PLANNED RESIDENTIAL DEVELOPMENT. THE PROPERTY IS ALREADY DEVELOPED WITH 18 ATTACHED DWELLING UNITS AND A SINGLE FAMILY HOME. THE PURPOSE OF THE PRD IS TO ALLOW THE EXISTING DWELLING INUITS TO REMAIN BUT BE CONVERTED FROM CONDOMINIUM TO TOWNHOME OWNERSHIP. SITE AND BUILDING DESIGN: THE ARCHITECTURAL AND SITE DESIGN MANUAL SHALL APPLY TO N71RE FACADE IMPROVEMENTS OR MODIFICATIONS OF THE TOWNHOMES. ACCESSORY STRUCTURES SHALL BE ARCHITECTURALLY COMPATIBLE WITH PRIMARY STRUCTURES AS MATEM A TENURED WOOD GRAIN APPEARANCE SIMILAR TO HORIZONTALOF METAL. BUT ARE ALLOWED TO HSIDING AS LONG CCLAPBOARD. STHE PA(8a1Q ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 (OFF-STREET PARKING AND LOADING) OF THE WHEAT RDGE CODE OF LAWS (EXCEPT FOR REQUIRED NUMBER OF SPACES AS NOTED BELOW). LANDSCAPING: DSCAPINa ALL LANDSCAPING SHALL BE IN CONFORMANCE WITH SECTION 26-502 (LANDSCAPING REGUREMENTS) OF THE WHEAT RIDGE CODE OF LAWS (EXCEPT FOR COVERAGE REOUIREMEiTS AS NOTED BELOW). EXTERIOR LIGHTING: ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26-503 (EXTERIOR LIGHTING) OF THE WHEAT RIDGE CODE OF LAWS. S1GNAGE:1 ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE NI (SIGN CODE) OF THE WHEAT RIDGE CODE OF LAWS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 (FENCES. WALLS AND OBSTRUCTIONS TO V" OF THE WHEAT RIDGE CODE OF LAWS. DEVBAPNENT STANDARDS ENTIRE SITE MAXIMUM BUILDING COVERAGE 40% MINIMUM LANDSCAPE COVERAGE 25% MAximuM DENSITY 21 unlU/oen MINIMUM OFF-STREET PARKING 2 unH LOT 1 URBAN GARDENS MAXIMUM BUILDING COVERAGE 40% MAXIMUM HEIGHT 35 FEET LOTS 2-19 MULTI FAMILY DWELLING. LIMITED MAXIMUM BUILDING COVERAGE 75% MAXIMUM HEIGHT 35 FEET TRACT D HOUSEHOLD PETS. LIMITED TO NO MAXIMUM BUILDING COVERAGE 100% MAXIMUM /EIGHT 15 FEET LEGEND 0 INDICATES BUILDING IMPROVEMENTS INDICATES CARPORT —� INDICATES EDGE OF CONCRETE INDICATES PAVEMENT IMPROVEMENTS -- — INDICATES ADJOINING LOT LINES INDICATES EASEMENT --[V INDICATES EDGE OF PAVEMENT INDICATES FLOWILNE INDICATES SUBDIVISION INDICATES LOT UNE. INTERNAL INDICATES RIGH -OF -WAY CENTERLINE - - INDICATES SECTION LINE - - - - - - - - - INDICATES SETBACK -------- - - INDICATES CURB +t INDICATES DRIVING CIRCULATION PERMITTED USES LOT 1 PRIMARY USES: SINGLE FAMILY DWELLING ACCESSORY USES: HOME OCCUPATIONS HOUSEHOLD PETS, LIMITED TO NO MORE THAN 3 DOGS k 4 CATS URBAN GARDENS ACCESSORY BUILDINGS LATS 2-19 PRIMARY USES: MULTI FAMILY DWELLING. LIMITED ACCESSORY USES: TO ATTACHED TOWNHOMES HOME OCCUPATIONS HOUSEHOLD PETS. LIMITED TO NO MORE THAN 3 DOCS A 4 CATS TRACT A PRIMARY USES: SURFACE PARKING TRASH STORAGE TRACT D ACCESSORY BUILDINGS, LIMITED PRIMARY USES: TO ATTACHED CARPORTS OR GARAGES NOTE DUE TO THE PRESENCE OF A STORMWATER SYSTEM WITHIN TRACT b", EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WIINN TRACT b" SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS. MOT PEW rnflh RV/BOAT STORAGE PREPARED BY: SOL SURVEYING. LLC 209 N. SCOTT STREET ST. FRANCIS. KS 67756 TEL 785-332-2483 REMISED: 06/lO/"LUT REVISED: 05/2.112.1: DATE: 09/30/2013 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OS SECTION 23, TOWNSHIP 3 SOUTHG A , RANGE 69 NEST OF THE COULEHAN GRANGE,6TH PRINCIPAL IA SUBDIVISION RECORDED CITY OF WHEAT RIDGE. THE RECORDERSON S COUNTY THE -JJEFFERSON ORADO NCOUNTY CLERK AND ORECORDER IN PUT BOOK IAT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AT THE ORNER OF SAID COMMENCING IGONE-QUARTER NORTHEAST DSTANNCE OF 3070 FEET SECTION A2POINTENCE ON THE EXTENSION OF THE SOUT00-13'27-E, ALONG THE HTRi(IHT-OFSWAY UNE OF WEST 48TH AVENUE; THENCE S89'43'21'W. ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE PdNT OF RFf:INNIN, THENCE CONTINUING S. 89'4321'W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE 5.0013'27'E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.89'43'09'E. ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.0013'27'W. A DISTANCE OF 300.19 FEETTO THE TRUE PRINT BEGINNING, CONTAINING AN AREA OF 39,826 SQUARE FEET DR 0.910 ACRES MORE OR LESS. OF OM►IIER'S CFRTiFTCATC THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PUNNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS SPECIFIC DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTON 26-121 OF THE WHEAT RIDGE CODE OF LAWS. 6904 W. 48TH AVENUE 6904 48TH LLC 418 RIDGE AVENUE LONGMONT. COLORADO 805D1 ANNE MARIE POU MANA TNG MEMBER STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGONG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20 BY ANNE MARIE POUCH. AS MANAGING MEMBER. — WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY U U OWNER 6910 W. 48TH AVENUE AMA A MAN Y 6910 W. 48TH AVENUE WHEAT RIDGE, COLORADO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20— BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PU UC OVNER 6906 W. 48TH AVENUE NNI JA 9606 W. 48 AVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE 4 a STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) g THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF g BY JENNIFER R. JACOBSON. S A.D. 20 OWNER. — ^ WITNESS MY HAND AND OFFICIAL SEAL_ ga MY COMMISSION EXPIRES:- A Y PUBLIC OWNER ! 6908 W. 48TH AVENUE a ROBERT P. KEENAN II 7828 VANCE DRIVE, /100 F ARVADA, COLORADO 80003 II NOTARY CERTIFICATE Y STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20— BY ROBERT P. KEENAN II, AS OWNER. C WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: CaLAAI1 NOTARY U U PREPARED BY: SDL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL: 785-332-2483 SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHFFT 1 OF 9 QMIER film I I MAF' 6914 W. 48TH AVENUE SCALE: 1' - 500' AI N 4109 COACH HOUSE LOOP CASTLE ROCX. COLORADO 80109 NOTARY Y CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWL.EDCED BEFORE ME THIS _ DAY OF BY AIMEE M. SORENSEN. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: O 6491212 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOINGINSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20— BY BRITTA E FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020, LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC 6938 W. 48TH AVENUE BD( PROPERTIES, LLC. I OOIA E. HARMONY ROAD / 180 FORT COLLINS, COLORADO 80525 JMMY RAY BOWMAN, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY JIMMY RAY BOWMAN, AS EXECUTIVE DIRECTOR OF SDI PROPERTIESLLC.. WIINESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W. 48TH AVENUE 6932 W. 48TH AVENUE 6924 W. 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE 5772 MCINTYRE COURT GOLDEN. COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY -DE JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY CHARLES S. OCHSNER, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC OWNER: 6940 W. 48TH AVENUE A.D. 20_ JOHN ZOOK 6940 W. 48TH AVENUE WHEAT RIDGE, COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY JOHN ZOOK, AS OWNER. A.D. 20 — WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC A.D. 20— SURVEYOR'S CERnpCAg; 1. STEVEN D. USTER, DO HEREBY CERTFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNH0MES WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE KITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. REOSTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 PLANNING COMMICdON CERTFl ATO& RECOMMENDED FOR APPROVAL THIS _ DAY OF , 201— BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON LdTY l�TN71Fl -An w APPROVED THIS _ DAY OF 201 — BY THE WHEAT RIDGE CITY COUNCIL REVISED: 08/10/2014 REVISED: 05/21/2014 DATE: 09/30/2013 PROJECT: ATTEST CITY CLERK MAYOR COMMUNITY DEVELOPMENT DIRECTOR 5F-CTOR OF PUBUC WORKS CALNTY Q E'RK AND REMMERS =11FI ATF STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND A.D. 20 RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK M. ON — . THE_ DAY OF — A.DIN BOOK ,PAGE RECEPTION N0. .. CASE HISTORY WS-14-01 JEFFERSON COUNTY CLERK AND RECORDER WZ-14-05 BY: U REVISED: 08/10/2014 REVISED: 05/21/2014 DATE: 09/30/2013 PROJECT: THIS SPE C9Tc pEyELOpMENT PLAN SHOWS THE IMPROVEMENTS THAT CJttRENnr EAST ON THE PROPERTY. SOMERSET HOMES TOWNHOMES PLANNED RESIDENTIAL DEVELOPMENT SPECIFIC DEVELOPMENT PLAN APART OF THE NORTHEAST 114 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDG�E� ZRO N2COUNTY, COLORADO _. NORTHEAST COMM SECTION 23. N 1/4 CORNER OF THE NE 1/4 SECTION 23. 1HP,C1 B _.�.. 3 1/4' BRASS CAP IN RANGE POINT BOX _-_ 3 1/4' ALLOY CAD IN RANGE DOINT941t - o - CAP STAMPED 'LS 13212. o N. 71111244.E 118427.57) -- PLAT BOOK 121. PAGE 481 WEST 48TH AYE _ 7 o - _CAP STAMPED LS 13212' (l`ITY M M NT % 13809. N. 711125.16• E. 121052.84) (WPP /13709. - - - - - N89'43'21'E 2625.34W NORTH UNE NORTHEAST 1/4, SECTION 23J • h / ANO PpNT OF COMMENCEMENT- W e.94 PLAT BOOK 2 PAGE 46 ��. �� I 111 n o n I 4I I� Lot 11 d J0° TRUE PANT OF A 8IR r... 2t'W 5895530. 132.00' BEpNNING. I � � 253.00 � I I k --hl 2.1.33' _ LEppLA MANOR NDSC PIN LANDSCAPING 1.31' I I R I 5' unuTY .� ENT Y� got 13 I 1HP,C1 B I LANDSC t `� DRAINAGE ri I P.IC•HT-OF-WAY PART OF LOT 27 I CtUICa uON, SEE I • h / I LANpSCAPING - ��. �� I 111 o I 4I ZONED R-2 Lot 11 d ; PART OF LOT 27 COULEMAN GRANGE A F I I I I Lot 1 LEppLA MANOR AR A 8 1 I I got 13 I I 0.018 10 6922 I A51 0.018 I Lot 14 E I UTIuTY15.0' EASEMENT I I I 743 S&BA 3 6916 I 0.015 I 6914 17.6 I 0.030 6' DRAINAGE x 739 0.017 DRAINAGE 6910 < EASEMENT I 17 N81 F 0.018 18 I ZONED R3 / R2 0.018 19 A 8 C 6904 1,424 12,194 1,094 1,075 a D PART OF LOT 27 5,278 (STAMPED LS 13212 DEDICATION 13 7RaC'.0 COULEHAN GRANGE III 0.910 Lot i h� SUBDIVISION I SETBACK EIFf---- ZONEDOT 27 PART OF LOT 27 Lcl 3 Imo\ COULEHAN GRANGE I SUBDIVISION L SETS A • Lot U W I Lot 5_- I z Q J I X g Ib 7 R Lot 6 s IS iv I� h E N R I Q Lot 7 p j�yr•----^ W J� Q 8 z B 3 I 1HP,C1 B I LANDSC t I DRAINAGE I P.IC•HT-OF-WAY PART OF LOT 27 I CtUICa uON, SEE -� I � N I ILD• RIGHT-OF-WAY I T Lot 10 �� I 111 I � I 4I ZONED R-2 Lot 11 d ; PART OF LOT 27 COULEMAN GRANGE 6 F SUBDMSION Lo: 12 k I LEppLA MANOR 'LS 13212' 8 IL ZDeaB06aa1BE - 771 I got 13 T I 0.018 10 6922 785 0.018 I Lot 14 E 0.018 12 6918 743 0.017 3 6916 662 0.015 14 6914 1,309 0.030 15 x 739 0.017 a 6910 < 0.018 17 N81 F 0.018 18 6906 786 0.018 19 A 8 C 6904 1,424 12,194 1,094 1,075 a D 5,278 (STAMPED LS 13212 DEDICATION I 1HP,C1 B I LANDSC t I DRAINAGE I P.IC•HT-OF-WAY PART OF LOT 27 I CtUICa uON, SEE -� W. 471H PLACE � I o ILD• RIGHT-OF-WAY �_ ( I BY PLAT OF I SW 1/4 SECTION 23. LEF7LA MANOR SUB �� I 111 3 1/4" ALLOY CAP IN RANGE POINT BOX CAP WE (N893530E) 13200' S' UTILITY (Y1CP /14709. N. 70&186.52. E. 118435.38) - 5' UTILITY EASEMENT 8 z 5.0. I ZONED R3 / R2 I PART OF LOT 27 6940 COULEHAN GRANGE 4. n DS LS LS LS L5'n. -, SUBDIVISION - 5' UTILITY EASEMENT Ip OF UNITS 19 DENSTY 19 UNITS / 0.91 ACRES - 21 UNITS/ACRE 5.0. I SETBA I c 6940 J _ 0.111 N / 6938 851 0.020 ' DR ACE E EN _ ZONED R2 I WE (N893530E) 13200' S' UTILITY PART OF LOT 26 EASEAHENT COULEHAN GRANGE 785 SUBOIVISON 6 EAST 1/4 CORNER I ZONED R3 SECTION 23. 3 1/4' BRASS CAP IN RANGE LOT 9 SUB PANT BOX CAP STAMPED LEppLA MANOR 'LS 13212' 8 IL ZDeaB06aa1BE - 771 0.018 AREA (SO. FT) LOT SIZE: 39.626 BU9DING 10.417 IANOSCMING 10.124 LOT EK TRACT SIZES Ip OF UNITS 19 DENSTY 19 UNITS / 0.91 ACRES - 21 UNITS/ACRE LOT ADDRESS SQUARE FEET ACRES 1 6940 4,849 0.111 2 6938 851 0.020 3 4 6936 6934 785 785 0.018 0.018 5 6932 785 0.018 6 6930 785 0.018 7 6928 785 0.018 8 6926 771 0.018 9 6924 771 0.018 10 6922 785 0.018 11 6920 785 0.018 12 6918 743 0.017 13 6916 662 0.015 14 6914 1,309 0.030 15 6912 739 0.017 16 6910 786 0.018 17 6908 786 0.018 18 6906 786 0.018 19 A 8 C 6904 1,424 12,194 1,094 1,075 0.033 0.280 0.025 0.025 D 5,278 0.121 DEDICATION 13 0.000 TOTALS 39.626 0.910 AREA (SO. FT) LOT SIZE: 39.626 BU9DING 10.417 IANOSCMING 10.124 % 100.00 26.3 25.5 Ip OF UNITS 19 DENSTY 19 UNITS / 0.91 ACRES - 21 UNITS/ACRE BUILDING HEIGHT. 6940 18.8' BUILDING HEIGHT. 6904-6914 23.2' BUILDING HEIGHT. 6916-6936 25.5' PARKING SPACES: COVERED PARKING SPACES 21 UNCOVERED PARKING SPACES 21 IF• ND INDICATES BUILDING IMPROVEMENTS ® INDICATES BUILDING OVERHANG INDICATES CARPORT INDICATES CONCRETE IMPROVEMENTS INDICATES PAVEMENT IMPROVEMENTS ---- - INDICATES ADJOINING LOT LINES INDICATES EASEMENT Joo INDICATES EDGE OF PAVEMENT INDICATES FENCE UNE ._ _ _ ____-_ _ INDICATES FLOWLFNE INDICATES SUBDIVISION INDICATES LOT LUNE. INTERNAL INDICATES RETAINING WALL __ _. _ _-_ INDICATES RIGHT-OF-WAY CENTERUNE - - INDICATES SECTION LINE - - - - - - - INDICATES SETBACK - _.----��= INDICATES CURB L5 INDICATES LANDSCAPING SHINGLES SIDING 35.8' BRICK SCALE 1'- 20' 20 0 10 20 TYPICAL TOWNHOME SECTION BAY WINDOWS96932.6924,6 20.69LY THE 0120WING 906 UNITS: PREPARED BY: SOL SURVEYING. LLC 209 N. SCOTT STREET ST. FRANCS. KS 67756 TEL 765-332-2483 REVISED: 08/10/2014 REVISED: 05/21/2014 WE, THE UNDERSIGNED, BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.910 ACRES DESCRIBED AS FOLLOWS LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES. A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.0013'27'E. ALONG THE EAST UNE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT DN THE EXTENSION OF THE SOUTH RIGHT-OF-WAY UNE OF WEST 48TH AVENUE; THENCE 589'43'21'W. ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF B GINNIN •; THENCE CONTINUING S. 89'43'21'W. ALONG SAID UNE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.0013'27'E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH UNE OF SAID LOT 27; THENCE N.89'43'09'E. ALONG THE SOUTH UNE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.DO13'27-W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. HAVE WD OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF SOMERSET HOMES TOWNHOMES FINAL PLAT, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE. COLORADO AND BY THESE PRESENTS 00 DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC UNES, GAS LINES, WATER AND SANITARY SEWER UNES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. OWNER 6904 W. 48TH AVENUE 6904 48TH LLC 418 RIDGE AVENUE LONGMONT, COLORADO 80501 ANNE MARIE POUCH, MANAGING MEMBER NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAV OF A.D. 20 BY ANNE MARIE POUCH, AS MANAGING MEMBER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: Q)mm; 6906 W. 48TH AVENUE 9606 W. 48 AVENUE WHEAT RIDGE, COLORADO NOT RY CERTIFICA STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAV OF A.D. 20 BY JENNIFER R. JACOBSON, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: SEB; 6908 W. 48TH AVENUE ROBERT P. KEENAN II 7828 VANCE DRIVE, #100 ARVADA, COLORADO 80003 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20— BY ROBERT P. KEENAN II, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 1 OF 4 VIGINI I T MAT' SCALE: 1' - 500' QNNEIR: 6910 W. 48TH AVENUE MIHLY 6810 W. 48TH AVENUE WHEAT RIDGE, COLORADO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: Imo: 6914 W. 48TH AVENUE AIMEE M. S 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 801D9 STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY AIMEE M. SORENSEN. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67156 TEL 785-332-2483 A.D. 20_ A.D. 20_ VXullD19r Ac. TIT A T iJ LS, 1 1 1 L 1 1 V . 1 LJ ti It SEB: 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBUC o_IRVFYOR'S CERTFI I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES FINAL PLAT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 PLANNING COMMISSION CFRRFlC=TION• RECOMMENDED FOR APPROVAL THIS— DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS _ DAY OF COUNCIL ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS COUNTY f2ERK AND RECORDERS, CERTIFICATE- 201 ERTIFI.A 201 _ BY THE WHEAT RIDGE CITY STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT_ O'CLOCK _. M. ON THE DAY OF _ A.D., IN BOOK , PAGE RECEPTION NO. ' JEFFERSON COUNTY CLERK AND RECORDER BY: U DATE OF PREPARATION: SEPTEMBER 30, 2013 DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10. 2014 PROJECT: 5304-1 I S 70 W 48TH AVE 48TH AVE N 47TH W U _W a W 47TH AVE PL to rn W 46 W 46 TH PL N < > N Q MARTENSEN N N ES rcm U g sl W 45n AVE W 45TH AVE< x 3 [W-TH AVE VIGINI I T MAT' SCALE: 1' - 500' QNNEIR: 6910 W. 48TH AVENUE MIHLY 6810 W. 48TH AVENUE WHEAT RIDGE, COLORADO STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY TAMARA MANTHEY, AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: Imo: 6914 W. 48TH AVENUE AIMEE M. S 4109 COACH HOUSE LOOP CASTLE ROCK, COLORADO 801D9 STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS —DAY OF BY AIMEE M. SORENSEN. AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS, KS 67156 TEL 785-332-2483 A.D. 20_ A.D. 20_ VXullD19r Ac. TIT A T iJ LS, 1 1 1 L 1 1 V . 1 LJ ti It SEB: 6912 W. 48TH AVENUE 6916 W. 48TH AVENUE 6936 W. 48TH AVENUE WHEAT RIDGE 2020, LLC 7391 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80033 NON PROFIT CORPORATION BRITTA E. FISHER, EXECUTIVE DIRECTOR NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A.D. 20_ BY BRITTA E. FISHER, AS EXECUTIVE DIRECTOR OF WHEAT RIDGE 2020. LLC WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBUC o_IRVFYOR'S CERTFI I, STEVEN D. LISTER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF SOMERSET HOMES TOWNHOMES FINAL PLAT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. REGISTERED COLORADO LAND SURVEYOR REGISTRATION NO. 16837 PLANNING COMMISSION CFRRFlC=TION• RECOMMENDED FOR APPROVAL THIS— DAY OF , 201_ BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS _ DAY OF COUNCIL ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS COUNTY f2ERK AND RECORDERS, CERTIFICATE- 201 ERTIFI.A 201 _ BY THE WHEAT RIDGE CITY STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT_ O'CLOCK _. M. ON THE DAY OF _ A.D., IN BOOK , PAGE RECEPTION NO. ' JEFFERSON COUNTY CLERK AND RECORDER BY: U DATE OF PREPARATION: SEPTEMBER 30, 2013 DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10. 2014 PROJECT: 5304-1 6938. 48TH AVENUE BDI PROPERTIES, LLC. 1 001 A E HARMONY ROAD 1 180 FORT COLLINS, COLORADO 80525 JIMMY RAY BOWMAN, EXECUTIVE DIRECTOR STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE By JIMMMYORAYOBOWMAN, AS EXECUTIVE DIRE REC�TORR OF SDIBEFORE ME THIS PROPERTIES, LLC-- _DAY OF A -D. 20 _ INSTRUMENT WAS WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC 6918 W. 48TH AVENUE 6928 W. 48TH AVENUE 6920 W. 48TH AVENUE 6930 W. 48TH AVENUE 6922 W 48TH AVENUE 6932 W. 48TH AVENUE 6924W 48TH AVENUE 6934 W. 48TH AVENUE 6926 W. 48TH AVENUE 6940 W. 48TH AVENUE HA 5772 MGNTYRE COURT GOLDEN, COLORADO 80403 NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF BY CHARLES S. OCHSNER. AS OWNER_ WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC 64940 W. 48TH AVENUE JOHN ZOOK 6940 W. 46TH AVENUE WHEAT RIDGE COLORADO NOTARY CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS — DAY OF BY JOHN ZOOK, AS OWNER. WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NO A PU 6906 W. 4BTH AVE. WHEAT RIDGE. CO JENNIFER R. JACOBSON INSTRUMENT #2036598 SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 114 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY. COLORADO SHEET 2 OF 4 6910 W. 48TH AVE, WHEAT RIDGE, CO TAMARA MANTHEY INSTRUMENT (77791 h /1882248 THE UNDERSIGNED. AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/4/2002 AT RECEPTION NO. F1561588. OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER. HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT, TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PUT. SIGNED THIS DAY OF . 20— LENDER: PRINT NAME AND TITLL: US AN 4. A. COM ANY NOTARY CERTIFICATE A.D. 20— STATE OF COLORADO SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WASACKNOWLEDGEDBEFORE ME THIS_ DAV OF A.D. 20_ BY WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST ON 5/2/2004 AT RECEPTION NO - F2036597, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, HEREBY CONSENTS TO THE WTHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT, TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF , 20 LENDER: PRINT NAME AND TITLE: COUNTRANYWIDE Y NOTARY CERTIFICATE STATE OF COLORADO 55 COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF WTNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBUC 6914 W. 48TH AVE, WHEAT RIDGE. CO AIME£ M. SORENSON INSTRUMENT 095324 k #95325 nFFn OF TRUST KMrFR A.D. 20— THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/26/2008 AT RECEPTION NO. 7 5 233. OF LA E RECORDAND SUBORDINATES ALL OF ITS COUNTY CLERK �nEK AND AND INTEREST HEREBY CONSENTS DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF . 20—� AD. 20 _ LENDER: PRINT NAME AND TITLE: FIRSTBAK OF WHEAT RIDGE A NOTARY CERTIFICATE STATE OF COLORADO COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WASACKNOWLEDGEDBEFORE ME THIS _ DAY OF BY WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC PREPARED BY: SOL SURVEYING, LLC 2D9 N. SCOTT STREET ST. FRANCIS, KS 67756 TEL 785-332-2483 A.D. 20_ 6912 W. 48TH AVE, WHEAT RIDGE, CO WHEAT RIDGE 2020, LLC INSTRUMENT #53961 AND 6916 W. 48TH AVE, WHEAT RIDGE, CO WHEAT RIDGE 2020. LLC INSTRUMENT #53882 6936 W. 48TH AVE, WHEAT RIDGE, CO WHEAT RIDGE 2020, LLC INSTRUMENT /94446 DEED OF TRUST HDLDER THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST ON 9/22/2010 AT RECEPTION NO. 201OD89386, OF THE K AND E DEED TRUSTRECORDS ON 9/22/2010 AT RECEPTION NO. 2010089388. RSON COUNTY R CDJE� BO OFTHE RECORDS THE JEFFERSON COUNTY CLERK AND RECORDER HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT. TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF . 2O LENDER: PRINT NAME AND TITLE: FIRST BANK NOTARY CERTIFICATE STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY . AS WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES,.— NOTARY XPIRES: NOTARY PUBLIC 6938 W. 48TH AVE, WHEAT RIDGE, 00 BDI PROPERTIES INSTRUMENT 1568959 A D 20_ THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST ON 5/5/2010 AT RECEPTION NO. 2010041323. OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, HEREBY CONSENTS TO THE WITHIN PLAT AND SUBORDINATES ALL OF ITS RIGHT. TITLE AND INTEREST UNDER SAID DEED OF TRUST / MORTGAGE TO THE WITHIN PLAT. SIGNED THIS DAY OF • 2n LENDER: PRINT NAME AND TITLE: BANK ONE OF COLORADO N.A. ANY NOTARY STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY . AS WITNESS MY HAD AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC A.D. 20_ DATE OF PREPARATION: SEPTEMBER 30. 20131 DATE OF REVISION: MAY 21, 2014 J DATE OF REVISION: AUGUST 10, 2014 PRnJFCT: 5304-1 NOTES: 1. THE PURPOSE OF THIS PLAT IS TO CONVERT AN EXISTING CONDOMINIUM PROJECT TO A TOWNHOMME PROJECT. 2. THE DATE OF THE FIELD WORK IS MARCH 1, 2013. S THIS PARCEL IS LOCATED IN ZONE 'X' SHOWN ON THE F.EM.A. MAP TITLED 'FLOOD INSURANCE RATE MAP, JEFFERSON COUNTY COLORADO AND INCORPORATED AREAS PANEL 212 OF 675, NUMBER 08059CO212E. DATED FEBRUARY 5, 2014.• 4. 5/8 INCH DIAMETER REBAR WITH CAP STAMPED 'LANE ENG SRV INC 16837" IS SET AT POINT SHOWN THUS:* 5/8 INCH BRASS WASHER STAMPED 'LS 16837- IS SET AT POINT SHOWN THUS:O 6. NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT M THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 7, ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S. 8. PER COLORADO REVISED STATUTES SEC. 38-51-1D6 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET, ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. THERE ARE PUBLIC EASEMENTS AND A RICHT-OF-WAY BEING DEDICATED BY THIS PUT. 10. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502 VERTICAL DATUM USED 15 THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). GROUND TO GRID COMBINED SCALE FACTOR IS CLI? 4780 SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #I) HAVING THE FOLLOWING NAD 83/92 STATE PLANE COORDINATES: PHAC 1 NORTHING: 1701258.75; EASTING: 3118217.58; ELEVATION: 5471.62. 11. THIS PLAT OF SOMERSET HOMES TOWNHGMES WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT CONSTITUTE A TITLE SEARCH BY LANE ENGINEERING SERVICE, INC. TO DETERMINED TITLE OR EASEMENT OF RECORD. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE EASEMENTS, OTHER THAN POSSIBLE EASEMENTS THAT WERE VISIBLE AT THE TIME OF MAKING THIS SURVEY, BUILDING SETBACK LINES, RESTRICTIVE COVENANTS, SUBDIVISION RESTRICTIONS, ZONING OR OTHER LAND -USE REGULATIONS, AND ANY OTHER FACTS THAT AN ACCURATE AND CURRENT RILE SEARCH MAY DISCLOSE- 12. ISCLOSE12. PERIMETER UTILITY EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE: AND REPLACEMENT OF ELECTRIC, GAS. TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTIUTIES 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. 13. LOTS 2 THROUGH 19 MAY ONLY BE DEVELOPED AS ATTACHED TOWNHOMES. 14. BASIS FOR BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N. 89'41'34'E. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 23, BETWEEN A FOUND 3 1/4' ALLOY CAP AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 23, (WCP NO. 14709) AND A FOUND 3 1/4' ALLOY CAP AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 23 (WCP NO. 14809), AS SHOWN HEREON. PER CITY OF WHEAT RIDGE CONTROL MONUMENT NETWORK: CITY OF WHEAT RIDGE LOT do TRACT SIZES DATUM POINT&THIN TBR 13709 71 j I 44 ilAA97 57 13809 1125 16 I-JIMI RA 14709 8.5 1480E 70482.6. 1 121063.18 INGRESS -EGRESS EASEMENTS. THE OWNERS, THEIR SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TU ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 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. DRAINAGE EASEMENT: THE STORM DRAINAGE AREAS HERE SHOWN AS TRACT 8 AND TRACT C SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. IN THE EVENT THAT SUCH MAINTENANCE IS NOT PERFORMED BY SAID HOMEOWNER'S ASSOCIATION, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID HOMEOWNER'S ASSOCIATION, AGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DRAINAGE AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DRAINGE AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 9TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 3 OF 4 B IND NY lICIHRr ZML COURSE: S 89.43'21" W DISTANCE 132.00000 COURSE: S 0013'27' E DISTANCE 300.20000 COURSE: N 89.43'09' E DISTANCE 132.00000 COURSE: N 0013'27' W DISTANCE 300.19000 AREA 39626 SO. FEET OR 0.9097 ACRES ERROR IN LATITUDE: 0.00232 ERROR IN DEPARTURE: 0.00000 ERROR OF CLOSURE 0.00232 PRECISION 1: 372490 COURSE: N 00'02'32• W DISTANCE 0.00232 STATEMENT OF bAP.ri THE GEODETIC POINT COORDINATE DATA SHOWN HERON HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95X CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-STD-007.2-1998). PURPOSE OF TRACT 'A', TRACT 'B'. TRACT 'C', TRACT 'D' AND TRACT 'E': TRACT 'A' IS FOR THE PURPOSE OF INGRESS AND EGRESS INTO THE SITE, ACCESS TO PARKING AREAS. ACCESS TO ALL LOTS AND TO THE DRAINAGE AREA IN THE NORTHEAST CORNER OF THE SITE. TRACT 'A' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'A' IS A NON -BUILDABLE AREA, EXCEPT FOR THE PURPOSES OF A DRIVEWAY AND DRAINAGE APPURTENANCES. TRACT '8' IS LOCATED IN THE SOUTHWEST CORNER OF THE STE AND IS FOR THE PURPOSE OF THE DRAINAGE AREA. TRACT 'B' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'B' IS A NON -BUILDABLE AREA, EXCEPT FOR DRAINAGE APPURTENANCES. TRACT 'C' IS LOCATED IN THE NORTHEAST CORNER OF THE SITE AND IS FOR THE PURPOSE OF A STORMWATER DRAINAGE AREA. TRACT 'C WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'C IS A NON -BUILDABLE AREA USED FOR STORMWATER DETENTION AND DRAINAGE APPURTENANCES. TRACT 'D' IS LOCATED ALONG THE EAST PROPERTY UNE OF THE SUBDIVSION AND IS FOR THE PURPOSE OF PARKING, PERMITTED ACCESORY BUILDINGS AND UTILITIES TRACT 'D' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'D' IS A BUILDABLE AREA. DUE TO THE PRESENCE OF A STORMWATER SYSTEM WITHIN TRACT b', EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WITHIN TRACT 'D" SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS. TRACT 'E' IS LOCATED BETWEEN TRACT 'D' AND THE EAST UNE OF THE SUBDIVSION AND IS FOR THE PURPOSE OF UTILITIES. TRACT 'E' WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT 'E' IS A NON -BUILDABLE AREA EXCEPT FOR UTILITIES. PREPARED BY: SOL SURVEYING, LLC 209 N. SCOTT STREET ST. FRANCIS. KS 67756 TEL: 765-332-2483 CURVE TABLE JANG-LE CHORD CHORD CURVE RADIUS BEARING DISTANCE LENGTH CI 1 N14 '41'W 7. 7C2C3 17.74'N '41'C4 14.1 'W 13.2 1' 13.70' C5 •1 LOT UNE TABLE LOT do TRACT SIZES LOT ADDRESS SQUARE FEET JACRES 1 6940 4,849 0.111 2 6938 851 0.020 3 6936 785 0.018 4 6934 785 0.018 5 6932 785 0.018 6 6930 785 0.018 7 6928 785 0.018 8 6926 771 0.018 9 6924 771 0.018 10 6922 785 0.018 11 6920 785 0.018 12 6918 743 0.017 13 6916 6620.015 14 fi914 1,309 0.030 11 15 6912 739 0.17 16 6910 786 0.0018 17 6908 786 0.018 18 6906 786 0.018 19 6904 1 1,424 1 0.033 A 12,194 1 0.280 B 1 1,094 1 0.025 C 1,075 0.025 D 4,195 0.096 E 1,083 0.025 DEDICATION 13 0.000 TOTALS 39,626 0.910 CURVE TABLE JANG-LE CHORD CHORD CURVE RADIUS BEARING DISTANCE LENGTH CI 1 N14 '41'W 7. 7C2C3 17.74'N '41'C4 14.1 'W 13.2 1' 13.70' C5 •1 LOT UNE TABLE TRACT 'A' LINE BEARING LENGTH LINE TABLE P1 UZ BEARING LENG P2 N '47' 'W At 'W P3 1 A2 S41 -22'16"E 7.4 ' P4 7 A3 1 PS 1 7' 17.97' A4 •W P6 10.27 AS 21.04' P7 10.04 A6 A7 'W All S001 3'27E 17.97' A9Nag-29'36E 10.2'Y A10 NOO.V27W 10.04' Ait N 1 TW 4. 23, Al2 A13 N89 -33'29'E 22,99L A14 N 1 7 W 1 A15 TRACT 'B' LINE TABLE LINEI BEARING ILENrTH %81 W 7' 1 BJ W DATE OF PREPARATION: SEPTEMBER 30, DATE OF REVISION: MAY 21, 2014 DATE OF REVISION: AUGUST 10, 2014 N 1/4 CORNER OF THE NE 1/4 SECTION 23- 3 1/4- ALLOY CAP IN RANGE POINT BOX CAP STAMPED 'LS 13212• (WCP#I3709. A- N. 711117 E. 118-) 196 y 1966.94' 3 n n I ��R I I I I I 1 I I I ZONED R-2 SOMERSET HOMES TOWNHOMES FINAL PLAT A PART OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO SHEET 4 OF 4 NORTHEAST CORNEA SECTION 23, 3 1/4- BRASS CAP IN RANGE POINT BOX CAP STAMPED -LS 13212• (CITY MONUMENT/ I -51M. N 71112516 E 12105284) WEST 48TH AVE AND VONT OF' COMMENCEMENT. RIGHT-OF-WAY N89'43'Zt•E 2625.30' T NORTH LME NORTHEAST 1/4. SECTION z3J unuTY SEMENT DICATEC Y THIS PUT. Lot 1 Lot 2 A N O � � h Si R TRUE POINT 1 OF BEGINNING 589'43'217�cw 253.00' I A T C_ ._ YATER '^ AREA A0. FT. 5' UTILITY 1 0.025 ACRES '46'33'E 26 541'22�7--i -- 7.y5' . 52319'3rE 3.10' PARKING SPACE ST (TYPICAL) S57Dr30-W 2A 9.90' 3A w, c i Q 4A I 9 I 2 F t I I I I I 6 I F I SW 1/4 SECTION 23, 3 1/4• ALLOY CAP IN RANGE POINT BOX CAP STAMPED 'LS 13212.- (WCP#14709. N. 708468.52, E 118433.38) R ri PART OF LOT 27 Lot J sr N89'43'09 -E _ _ COULEHAN GRANGE o STORMIN �\ I SUBDIMSION N89'43'09 -E pa� > I n QN89'43'09•E_ 0. 6 ACRE n Lot 4 ,�„ 7A z 0.280 ACRES, � W z Lot 9 W N89'43'09 -E Lot 5 ` h N n N89'43'09 -E inII 4 n I N89'4YO9-E -_ < r. N89'43'09•E ZONED R-2 Lot 6 I 9 I 2 F t I I I I I 6 I F I SW 1/4 SECTION 23, 3 1/4• ALLOY CAP IN RANGE POINT BOX CAP STAMPED 'LS 13212.- (WCP#14709. N. 708468.52, E 118433.38) R ri W i.o3' sr N89'43'09 -E _ _ A Lot 7 STORMIN - N89'43.09 -E 8 �43 Lot B QN89'43'09•E_ 0. 6 ACRE "a .DRAINAGE 12,194 SO. FT:' 7A z 0.280 ACRES, a Lot 9 W � h N n N89'43'09 -E ter, 4 n Lot 10 EASEMENT - N89'43'09•E ZONED R-2 - Lot 11 PART OF LOT 27 ri COULEHAN GRANGE __Ig 1.40 13.75' 13.75' N89'43'09 -E SUBDIVISION Lot 12 N59.43.09 -E N TRACT B W i.o3' sr 3 W N A a STORMIN TRACT D ; W OJ N �43 N n TRACT A 0. 6 ACRE "a .DRAINAGE 12,194 SO. FT:' 7A z 0.280 ACRES, SEE ENLAVUa ci 8A' h H N 17 9A O 8- DRAINAGE .LOA, RIGHT-OF-WAY AREA EASEMENT 1 DEDICATED BY - 12 THISPLAT. IIA L-ASI-J TRACT A __Ig 1.40 13.75' 13.75' o A 13.75 12A d � 30.68 8 -E ti3A a14A 5' V TY - N69'43'09 (N8933'30•E) EASDJENT SITE 39,626 SO FT.: 15A �. 0910 AC 6' DRAINAGE ZONED R3 THIS PLAT. ECATENT 40' RIGHT-OF-WAY j� 16A DEDICATED BY LOT 9 BY PIAT OF 17A ri THIS PUT. LEPPLA MANOR SUB 18A m , GOUT W. 44n+ AVENUE - SEE TRACT. - - A' DETAIL. QUEST o. T45 SHEET SOUTH UNE OF THE NORTHEAST AND BASS FOR BEARINGS EASEMENT DEDICATED BY THIS PUT. I I 1 I ZONED R: / R2 PART OF LOT 27 COULEHAN GRANGE SUBDMSON , 1 I ZONED R3 / R2 PART OF LOT 27 COULEHAN GRANGE SUBDIVISION ( Lot 13 JE n,10' 13.75' 13.75" 13.78 3 1 P 5' UT!UTY .9 P1 16.42 4.65' ,^� vt EASEMENT 26. 0 DEDIWED BY 0 0 o THIS PLAT. "N N8912'26•E r n Lot t9 'n 4 21.38' Lot 14 ~ J S J I I ZONED R2 I I PART OF LOT 26 COULEHAN GRANGE SUBDIVISION EAST 1/4 CORNER SECTION 23,1 3 /4- BRASS CAP IN RANGE POINT BOX CAP STAMPED -LS 132t2.- (9MEAT RIDGE MONUMENT/14809. - _ N. 70846281,E 121063.18) ~�J \Bj A13 N TRACT B W 0 12,194 SOFT. 3 W N 0.28 ACRES a STORMIN n, ; W OJ N �43 N n w "a .DRAINAGE $ 2235' z N SEE ENLAVUa ci 1.095 SOFT. h H N 17 LOTS 12-15, O m $ v z THIS SHEET RIGHT-OF-WAY AREA 0.025 ACRES I - 12 HEREBY DEDICATED BY THIS PLAT. SEE DETAIL L-ASI-J TRACT A __Ig 1.40 13.75' 13.75' _- 13.75 13.75 24.92' __ 30.68 -E 13200' 5' V TY - N69'43'09 (N8933'30•E) EASDJENT DEDICATED BY W. 47TH PLACE 6' DRAINAGE ZONED R3 THIS PLAT. ECATENT 40' RIGHT-OF-WAY j� DEDICATED BY LOT 9 BY PIAT OF I-- I THIS PUT. LEPPLA MANOR SUB LEPPLA MANOR SUB SEE DETAIL W. 44n+ AVENUE - - -- - - - - N89'41'34 -E 2827.84' /T 1/4J SOUTH UNE OF THE NORTHEAST AND BASS FOR BEARINGS I I ZONED R2 I I PART OF LOT 26 COULEHAN GRANGE SUBDIVISION EAST 1/4 CORNER SECTION 23,1 3 /4- BRASS CAP IN RANGE POINT BOX CAP STAMPED -LS 132t2.- (9MEAT RIDGE MONUMENT/14809. - _ N. 70846281,E 121063.18) ~�J \Bj A13 SCALE 1-- 20' 20 0 10 20 SEE SHEET 63 FOR THE TRACT PURPOSES N � N B3 f g 12,194 SOFT. 3 W N 0.28 ACRES a f 0.025 ACRESLIZ ; W OJ N �43 N n w $ 2235' z N SEE ENLAVUa ci DETAIL -A• FIN h H N 17 LOTS 12-15, O m $ v z THIS SHEET Z I A�N-.43 I. 12 L-ASI-J TRACT A SCALE: 1--40' SCALE 1-- 20' 20 0 10 20 SEE SHEET 63 FOR THE TRACT PURPOSES N � N B3 W %OF N 3 W N 1,095 SOFT. a r 0.025 ACRESLIZ 8 n 8 N �43 w 2235' SC2ALAEC' Tl' -2W B 20' SEE SHEET 3 FOR LME AND CURVE TABLES. INDICATES TRACT A INDICATES ADJOINING LOT LINES INDICATES BLOCK LINES INDICATES EASEMENT INDICATES SUBDIVISION BOUNDARY INDICATES LOT LINE HEREBY CREATED BY THIS PLAT INDICATES RIGHT-OF-WAY CENTERLINE - - INDICATES SECTION UNE N0013'27'W 300.19' INDICATES DISTANCE AND BEARING AS MEASURED (NODDO'00-E) (300) INDICATES DISTANCE AND BEARING AS RECORDED • REBAR WITH CAP STAMPED -LANE ENG SRV INC 1683r O BRASS WASHER STAMPED -LS 16937- SB9.43'09'W LOAM LOT 12 P4 � W n o,a rhu 3 IDT 13 N69'29'36 -E ds 10.2 $ � 5.62' 4.65' LCT to L07 '5 ENL4_RGm DETAIL -A• FOR LOTS 12-15 uALE r -1o' - W N n TRACT 5 N89'43'09 -E &33' W. 47TH PLACE 46' RMT -OF -WAY RIGHk&-,WAY DEMCATION SCALE 1 -4 N 89'43'20' E 54.77' W %OF N TJ 1,075 SO.FT. S 89.33'29' W .76J 0.024 ACRES g0• N S 89'46 33 W 26.30' TRACT Com. N INDICATES TRACT A INDICATES ADJOINING LOT LINES INDICATES BLOCK LINES INDICATES EASEMENT INDICATES SUBDIVISION BOUNDARY INDICATES LOT LINE HEREBY CREATED BY THIS PLAT INDICATES RIGHT-OF-WAY CENTERLINE - - INDICATES SECTION UNE N0013'27'W 300.19' INDICATES DISTANCE AND BEARING AS MEASURED (NODDO'00-E) (300) INDICATES DISTANCE AND BEARING AS RECORDED • REBAR WITH CAP STAMPED -LANE ENG SRV INC 1683r O BRASS WASHER STAMPED -LS 16937- SB9.43'09'W LOAM LOT 12 P4 � W n o,a rhu 3 IDT 13 N69'29'36 -E ds 10.2 $ � 5.62' 4.65' LCT to L07 '5 ENL4_RGm DETAIL -A• FOR LOTS 12-15 uALE r -1o' - W N n TRACT 5 N89'43'09 -E &33' W. 47TH PLACE 46' RMT -OF -WAY RIGHk&-,WAY DEMCATION SCALE 1 -4 N 8931'05- E 22.00' TRACT D �, S 89'46'33• W 6.01' N I N 89'43'09 E 5.00' TRACT SCALE, 1'.40' S 89.46'33- W %OF 5.00' N 89'43'09- E 101.30' S 89.33'29' W '^ 2200' w ci h H N 17 O m $ v z Z N 8931'05- E 22.00' TRACT D �, S 89'46'33• W 6.01' N I N 89'43'09 E 5.00' TRACT SCALE, 1'.40' PREPARED BY: SDL SURVEYING, LLC DATE OF PREPARATION: SEPTEMBER 30. 20131 209 N. SCOTT STREET DATE OF REVISION: MAY 21, 2014 ST. FRANCIS KS 67756 DATE OF REASON: AUGUST 10, 2014 TQ: 785-332-2483 _ PROJECT: 5304-1 NER S 89'43'09• W 94.91' LOT 19 ngi %OF N 89'43'09- E 101.30' g1O '^ 6' DRAINAGE EASEMENT SCALE: 1--40' PREPARED BY: SDL SURVEYING, LLC DATE OF PREPARATION: SEPTEMBER 30. 20131 209 N. SCOTT STREET DATE OF REVISION: MAY 21, 2014 ST. FRANCIS KS 67756 DATE OF REASON: AUGUST 10, 2014 TQ: 785-332-2483 _ PROJECT: 5304-1 11* 11 4 � City Of Wh6atRLdge POSTING CERTIFICATION CASE NO. WS -14-01 and WZ-14-05 PLANNING COMMISSION HEARING DATE: October 16, 2014 I residing at as the applicant for Case No (name) (address) WS -14-01 and WZ-14-05 Co, -3OooZ hereby certify that I have posted the Notice of Public Hearing at 6904 — 6940 W. 48`h Avenue on this 2" d day of October (location) and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP City of W heat R�idge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. • The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on October 16, 2014]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. 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 October 16 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WS -14-01: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a 19 -lot subdivision for the purpose of converting existing condominiums to townhomes for property located at 6904-6940 W. 48`h Avenue. Published: Wheat Ridge Transcript, October 2, 2014 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 October 16 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WS -14-01: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a 19 -lot subdivision for the purpose of converting existing condominiums to townhomes for property located at 6904-6940 W. 48`h Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.000 13'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89043'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89043'21 "W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00013'27"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89043'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00013'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Kim Waggoner. Admmistrativc Assistant 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 October 16 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29b Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-05:. An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a rezone from Residential -Three (R-3) to Planned Residential Development (PRD) to convert owners hi structure from condominiums to townhomes for property located at 6904-6940 W. 48 Avenue. Published: Wheat Ridge Transcript, October 2, 2014 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 October 16 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-05: An application filed by Somerset Homes Condominiums Homeowners Association requesting approval of a rezone from Residential -Three (R-3) to Planned Residential Development (PRD) to convert ownershi structure from condominiums to townhomes for property located at 6904-6940 W. 48 Avenue and legally described as follows: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.0001327"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89043'21 "W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89043'21 "W. ALONG SAID LINE A DISTANCE OF 132.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00°13'27"E. A DISTANCE OF 300.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89°43'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.00'1 3'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39,626 SQUARE FEET OR 0.910 ACRES MORE OR LESS. Kim Waggoncr. Administrativc Assistant City of W heat Midge LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-14-05 & WS -14-01 Date of Planning Commission hearing: October 16, 2014 Date of City Council hearing: November 24, 2014 I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 46 letters on October 2, 2014 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Vq�iw' Date: �� 91 City of Wheatp, ge ��.d MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE October 2, 2014 Dear Property Owner: This is to inform you of Case No. WZ-14-05 which is a request for approval of a zone change from Residential -Three (R-3) to Planned Residential Development (PRD) and Case No. WS -14-01 a request for approval of a 19 -lot subdivision for the purpose of changing ownership structure by converting existing condominiums to townhomes for property located at 6904-6940 W. 48`x' Avenue. These requests are scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission October 16 2014 Q) 7'00 p.m. Citi• Council November 24, 2014 (a, 7.00 p.m. As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. Somerset.doc i%iso%.ci.%% heatridge.co.us Vicinity Map 4733 PIERCE ST LLC 6904 48TH LLC ACHZIGER MARNA L 6115 W 63RD AVE % ANNE MARIE & JOHN POLICH 6985 W 48TH AVE ARVADA CO 80003 418 RIDGE AVE WHEAT RIDGE CO 80033 LONGMONT CO 80501 ADESSA ROSEANN 6821 W 48TH AVE WHEAT RIDGE CO 80033 BALLIETT WALTRAUD A BALLIETT WAYNE A PO BOX 34 PINE CO 80470 ANDERSON ROBIN L 6988 W 48TH AVE WHEAT RIDGE CO 80033 BARRAZA OCTAVIO BARRAZA IRENE 4705 QUAY ST WHEAT RIDGE CO 80033 CHARLES HAYES STOVER LIVING TRUST CHENG MAURICE BRIDGET EILEEN TAYLOR LIVING TRUST PO BOX 891 6807 W 48TH AVE GOLDEN CO 80401 WHEAT RIDGE CO 80033 DAVIS EDITH R 6790 W 48TH AVE WHEAT RIDGE CO 80033 FOLKS LISA M FOLKS DIAMOND I 4727 PIERCE ST WHEAT RIDGE CO 80033 GREEN MADELIENE Z 4744 QUAY ST WHEAT RIDGE CO 80033 JOHNSON NATHAN A JOHNSON COLETTE S 4740 PIERCE ST WHEAT RIDGE CO 80033 KENNEDY JOHN KENNEDY MINNIE R 5091 XANADU ST DENVER CO 80239 DAVIS MATTHEW W DAVIS MARYANNE E 6855 W 48TH AVE WHEAT RIDGE CO 80033 FRANCESCATTI FRANK FRANCESCATTI DIANE 6426 OTIS ST ARVADA CO 80003 HAMMOCK VIRGIL S PHILLIPS SUSAN H 6991 W 48TH AVE WHEAT RIDGE CO 80033 JOHNSON WARREN G 6840 W 48TH AVE WHEAT RIDGE CO 80033 KHAN FAISAL 4715 QUAY ST WHEAT RIDGE CO 80033 ARMSTRONG VIRGIL L 6965 W 48TH AVE WHEAT RIDGE CO 80033 CATHERINE MONICA MAGUIRE LIVING TRUST 6810 W 48TH AVE WHEAT RIDGE CO 80033 DACK WALTER F DACK BRENDA L STEINER CHARLES E 6735 NEWLAND ST ARVADA CO 80003 EVANS RANDALL 3435 S BIRCH ST DENVER CO 80222 FRANKS DARLENE C 10441 ROAD 21 FORT LARAMIE WY 82212 HUBBARD FAMILY TRUST % JOHN HUBBARD 13238 MISSION TIERRA WAY GRANADA HILLS CA 91344 KAMIONKA GWENDOLYN K KAMIONKA HARVEY E 9702 CARR CIR WESTMINSTER CO 80021 LIBBIE ALAINE MILLER TRUST 6829 W 48TH AVE WHEAT RIDGE CO 80033 MAKSIMOV YURY OLIVA JUAN J OSCHNER CHARLES S MAKSIMOV ALLA OLIVA LARIZA C ZOOK JOHN E 4725 QUAY ST 4719 PIERCE ST 5772 MC INTYRE CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GOLDEN CO 80403 PENNETTA ROBERT L RAPP JESSICA MARIE RHODES JAMES A 3358 CATHEDRAL DR RAPP RYAN K RHODES CINDY L CRAWFORD CO 81415 6998 W 48TH AVE 1874 PIKES PEAK ST WHEAT RIDGE CO 80033 ERIE CO 80516 RILEY MICHAEL J LOSASSO MICHAEL W 4730 REED ST WHEAT RIDGE CO 80033 SANDMAN DIANE M 4720 REED ST WHEAT RIDGE CO 80033 SPURGEON TONI T 6958 W 48TH AVE WHEAT RIDGE CO 80033 URBAN ZACHARY D URBAN MELINDA 4740 REED ST WHEAT RIDGE CO 80033 WILLIAMS DAN C III WILLIAMS LORI J 3232 JELLISON ST WHEAT RIDGE CO 80033 ROUTE JOHN PETER 4760 PIERCE ST WHEAT RIDGE CO 80033 SHERIDAN STACY J WHALEN PHIL J 6800 W 48TH AVE WHEAT RIDGE CO 80033 STONE RANDY 366 S MEMPHIS WAY APT A AURORA CO 80017 VOS VIVIAN L PICCHIONE GREGORY A 6920 W 47TH PL WHEAT RIDGE CO 80033 SAKATA THOM TROMPETER JENNIFER 6975 W 48TH AVE WHEAT RIDGE CO 80033 SOMERSET HOMES CONDOMINIUM ASSOCIATION % CHARLES S OCHSNER 7778 QUAIL ST ARVADA CO 80005 SWISS VALLEY LTD LIABILITY CO 4839 W BYRON PL DENVER CO 80212 WEST KRISTINE SLAUGHTER 6950 W 48TH AVE WHEAT RIDGE CO 80033 Owner 1 Owner 2 Owner 3 Company Mailing Address St Street Name Type jUnit City State Zlp jProperty Address St Street Name Type Clity State Zip Use 4733 PIERCE ST LLC 6904 48TH LLC ACHZIGER MARNA L % ANNE MARIE & JOHP 6115 W 418 6985 W 63RD RIDGE 48TH AVE AVE AVE ARVADA CO LONGMONT CO WHEAT RIDGE CO 800031 80501 80033 4733 6904 W 6985 W PIERCE 48TH 48TH ST AVE AVE WHEAT RIDGE WHEAT RIDGE WHEAT RIDGE CO CO CO 80033 RESID 80033 THOME 80033 MULTI ADESSA ROSEANN 6821 W 48TH AVE WHEAT RIDGE CO 80033 6821 W 48TH AVE WHEAT RIDGE CO 80033 RESID ANDERSON ROBIN L 6988 W 48TH AVE WHEAT RIDGE CO 80033 6988 W 48TH AVE WHEAT RIDGE CO 80033 RESID ARMSTRONG VIRGIL L 6965 W 48TH AVE WHEAT RIDGE CO 80033 6965 W 48TH AVE WHEAT RIDG CO 80033 RESID BALLIETT WALTRAUD A BALLIETT WAYNE A PO BOX 34 PINE CO 80470 6845 W 48TH AVE WHEAT RIDG CO 80033 MULTI BARRAZA OCTAVIO BARRAZA IREN_ E 4705 QUAY ST WHEAT RIDGE CO 80033 4705 QUAY ST WHEAT RIDG CO 80033 RESID CATHERINE MONICA MAGUIRE LIVI6810 W 48TH AVE WHEAT RIDGE CO 80033 4741 PIERCE ST WHEAT RIDG CO 80033 RESID CATHERINE MONICA MAGUIRE LIVI6810 CHARLES HAYES STOYER LIVING HARLES HAYES STOYER LIVING BRIDGET EILEEN TAYLOR LIVI BRIDGET EILEEN TAYLOR LIVI W 48TH PO BOX 891 PO BOX 891 AVE WHEAT RIDGE CO GOLDEN CO GOLDEN CO 80033 80401 80401 6810 W 4710 4710 48TH QUAY QUAY AVE ST ST WHEAT RIDG WHEAT RIDG WHEAT RIDG CO CO CO 80033 RESID 80033 COMMR 80033 COMMR CHARLES HAYES STOYER LIVING BRIDGET EILEEN TAYLOR LIVI PO BOX 891 GOLDEN CO 80401 4710 QUAY ST WHEAT RIDG CO 80033 COMMR _ CHARLES HAYES STOYER LIVING I BRIDGET EILEEN TAYLOR LIVI PO BOX 891 1 jGOLDEN CO 80401 4710 QUAY ST WHEAT RIDG CO 80033 COMMR CHENG MAURICE 6807 W 148TH AVE WHEAT RIDGE CO 80033 6807 W 48TH AVE WHEAT RIDG CO 80033 RESID DACK WALTER F RACK BRENDA L STEINER C 6735 NEWLAND ST ARVADA CO 80003 4723 PIERCE ST WHEAT RIDG CO 80033 RESID DAVIS EDITH R 6790 W 48TH AVE WHEAT RIDGE CO 80033 6790 W 48TH AVE WHEAT RIDG CO 80033 RESID DAVIS MATTHEW W DAVIS MARYANNE E 6855 W 48TH AVE WHEAT RIDGE CO 800331 6855 W 48TH AVE WHEAT RIDG CO 80033 RESID _ EVANS RANDALL 3435S BIRCH ST DENVER CO 80222 6785 W 48TH AVE WHEAT RIDG CO 80033 RESID VANS RANDALL 3435S BIRCH ST DENVER CO 80222 6785 W 48TH AVE WHEAT RIDG CO 80033 RESID FOLKS LISA M FOLKS DIAMOND 1 4727 PIERCE ST WHEAT RIDGE CO 80033 4727 PIERCE ST WHEAT RIDG CO 80033 RESID FRANCESCATTI FRANK FRANCESCATTI DIANE 6426 OTIS ST 1ARVADA CO 80003 6955 W 47TH PL WHEAT RIDG CO 80033 MULTI FRANKS DARLENE C 10441 IROAD 21 FORT LARAMIE WY 82212 4730 PIERCE ST WHEAT RIDG CO 80033 RESID GREEN MADELIENE Z 4744 IQUAY ST WHEAT RIDGE CO 80033 4744 QUAY ST WHEAT RIDGE CO 80033 MULTI HAMMOCK VIRGIL S PHILLIPS SUSAN H 6991 W 148TH AVE WHEAT RIDGE CO 80033 6991 W 48TH AVE 1WHEAT RIDGE CO 80033 RESID HUBBARD FAMILY TRUST %JOHN HUBBARD 13238 MISSION TIERRA WAY GRANADA HILL CA 191344 4732 QUAY ST WHEAT RIDGE CO 80033 MULTI HUBBARD FAMILY TRUST % JOHN HUBBARD 13238 MISSION TIERRA WAY GRANADA HILL CA 91344 4732 IQUAY ST WHEAT RIDGE CO 80033 MULTI JOHNSON NATHAN A JOHNSON COLETTE S 4740 PIERCE ST WHEAT RIDGE CO 80033 4740 PIERCE ST WHEAT RIDGE CO 80033 RESID JOHNSON WARREN G 6840 W 48TH AVE I WHEAT RIDGE CO 80033 6840 W 48TH AVE WHEAT RIDGE CO 80033 RESID KAMIONKA GWENDOLYN K KAMIONKA HARVEY E 9702 CARR CIR IWESTMINSTER CO 80021 4780 REED ST WHEAT RIDGE CO 80033 MULTI KENNEDY JOHN KENNEDY MINNIE R 5091 XANADU ST DENVER CO 80239 4706 QUAY ST WHEAT RIDGE CO 80033 MULTI KHAN FAISAL 4715 QUAY ST WHEAT RIDGE CO 80033 4715 QUAY ST WHEAT RIDGE CO 80033 RESID LIBBIE ALAINE MILLER TRUST 6829 W 48TH AVE WHEAT RIDGE CO 80033 6829 W 48TH 1AVE WHEAT RIDG CO 80033 RESID MAKSIMOV YURY MAKSIMOV ALLA 4725 QUAY ST WHEAT RIDGE CO 80033 4725 QUAY ST WHEAT RIDG CO 80033 RESID OLIVA JUAN J OLIVA LARIZA C 4719 PIERCE ST WHEAT RIDGE CO 80033 4719 PIERCE ST WHEAT RIDG CO 80033 RESID OSCHNER CHARLES S ZOOK JOHN E 5772 MC INTYRE CT GOLDEN CO 80403 6940 W 48TH AVE WHEATID RG CO 80033 THOME PENNETTA ROBERT L 3358 CATHEDRAL DR CRAWFORD CO 81415 6925 W 47TH PL WHEAT RIDG CO 80033 MULTI RAPP JESSICA MARIE RAPP RYAN K 6998 W 48TH AVE WHEAT RIDGE CO 80033 6998 W 46TH AVE WHEAT RIDG CO 80033 RESID RHODES JAMES A RHODES CINDY L 1874 PIKES PEAK ST ERIE CO 80516 4770 PIERCE ST WHEAT RIDG CO 80033 RESID RILEY MICHAEL J LOSASSO MICHAEL W 4730 REED ST WHEAT RIDGE CO 80033 4730 REED ST WHEAT RIDG CO 80033 RESID ROUTE JOHN PETER 4760 PIERCE ST WHEAT RIDGE CO 80033 4760 PIERCE ST WHEAT RIDG CO 80033 RESID SAKATA THOM TROMPETER JENNIFER 6975 W 48TH AVE WHEAT RIDGE CO 80033 6975 W 48TH AVE WHEAT RIDG CO 80033 RESID SANDMAN DIANE M 4720 REED ST WHEAT RIDGE CO 80033 4720 REED ST WHEAT RIDG CO 80033 RESID SHERIDAN STACY J WHALEN PHIL J 6800 W 48TH AVE WHEAT RIDGE CO 80033 6800 W 48TH AVE WHEAT RIDG CO 80033 RESID SOMERSET HOMES CONDOMINIU % CHARLES S OCHSN 7778 QUAIL ST ARVADA CO 80005 VACANT LAND SPURGEON TONI T 6958 W 48TH AVE WHEAT RIDGE CO 80033 6958 W 48TH AVE WHEAT RIDG CO 80033 RESID STONE RANDY 366S MEMPHIS WAY APT A AURORA CO 80017 4771 PIERCE ST WHEAT RIDG CO 80033 RESID ISS VALLEY LTD LIABILITY CO 4839 W BYRON PL DENVER CO 80212 6695 W 48TH AVE WHEAT RIDG CO 80033 COMMR ISS VALLEY LTD LIABILITY CO 4639 W BYRON PL DENVER CO 80212 6695 W 48TH AVE WHEAT RIDG CO 80033 COMMR ISS VALLEY LTD LIABILITY CO 4839 W BYRON PL DENVER CO 80212 VACANT LAND URBAN ZACHARY D URBAN MELINDA 4740 REED ST WHEAT RIDGE CO 80033 4740 REED ST WHEAT RIDG CO 80033 RESID VOS VIVIAN L PICCHIONE GREGORY A 6920 W 47TH PL I-czT WHEAT RIDGE CO 80033 6920 W 47TH PL WHEAT RIDG CO 80033 RESID WEST KRISTINE SLAUGHTER 6950 W 48TH AVE WHEAT RIDGE CO 80033 6950 W 48TH AVE WHEAT RIDG CO 80033 RESID WILLIAMS DAN C III WILLIAMS LORI J 3232 JELLISON WHEAT RIDGE CO 80033 6811 W 48TH AVE WHEAT RIDG CO 80033 RESID City of W heat P,idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 July 31, 2014 Mr. Chuck Ochsner 5440 Ward Road #230 Arvada, CO 80002 RE: Case Nos. WS -14-01 and WZ-14-05 / Review 2 Dear Mr. Ochsner: This letter is in regard to your application for approval of a subdivision, outline development plan (ODP) and specific development plan (SDP) for property located at 6904-6940 W. 48th Avenue. I have reviewed the second submittal and have the following comments. Please also refer to the enclosed redlined copies of the submittal sheets and the comment letter provided from Dave Brossman, Development Review Engineer, dated July 25, 2014. GENERAL COMMENTS 1. It appears that the language and zoning restrictions I proposed were incorporated verbatim on the ODP. Please confirm that these restrictions are appropriate and do not conflict with any existing or proposed covenants. 2. Please provide a copy of any covenants, HOA or governing documents that affect (or will affect) the property. We need to ensure that these documents and new zoning documents do not conflict. In addition we need to ensure that the HOA will be responsible for maintenance of the various tracts and common areas that are identified on the proposed plat. We also need to confirm how the covered parking is being assigned/linked to each townhouse unit as the plat does not currently serve this function. 3. No additional title work is needed at this time. SUBDIVISION PLAT Sheet Two: 4. In the signature block for Charles Ochsner please list all addresses for which is he is an owner. This should include 10 addresses: 6918 6926 6932 6920 6928 6934 6922 6930 6940 6924 5. In the signature blocks for all deed and trust holders, please add a colon (:) after the text "Print name and title," to ensure that agents sign above and print below the signature line. Sheet Three: 6. Please remove the vicinity map, surveyor's certificate, planning commission certificate, city certification, counter clerk and recorders certificate from sheet three; these are already www.ci.wheatridge.co.us provided on sheet one. Removing these items may allow the tables or details to be moved from sheet four to sheet three where there is more space. 7. In note 12, please modify the first sentence to read: "Perimeter utility easements are hereby..." 8. In note 13, please modify the text to read: "Lots 2 through 19..." 9. Please remove note 14—the property is being rezoned as part of this application. 10. Tract A provides access to all lots and it does not include the carport which is in Tract D. In the tract purpose statements, please modify Tract A statements as follows: Tract A is for the purpose of...access to all lots 12, 13, 14, and 15, and to... Tract A is a non-buildable ... a driveways eaFpei4s and drainage appurtenances. 11. Based on the detail on sheet four, it does not appear that the right-of-way is part of Tract B. Please modify the Tract B statements as follows: Tract B is located...the drainage area Tract B is a non-buildable... for drainage appurtenances and peli street. 12. To eliminate any potential confusion, please use consistent language regarding carports and parking structures, and modify the Tract D statement as follows: Tract D is located ... for the purpose of eafpeits and parking and permitted accessory buildings. Tract D is a buildable area ." 13. If the carports are rebuilt, new structural supports cannot interfere with the drainage facilities in the underlying easement. A new design will need to be approved by the Department of Public Works. Please modify the second Purpose of Tract D note on Sheet 3 of the plat as follows: TRACT "D" WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT "D" IS A BUILDABLE AREA FOR PARKING STRUCTURES ONLY. DUE TO THE PRESENCE OF A STORMWATER SYSTEM WITHIN TRACT °°D", EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WITHIN TRACT °'D" SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS. Sheet Four: 14. The total lot sizes do not add up. It appears the total square footage should be 39,636 and Lot 2 should be shown as 0.020 acres. If the limits of Lot 1 and Tract A are modified as Dave proposes in his comment letter, please update the table and ensure the totals are correct. 15. There are two unidentified lines that can be removed—see redline. 16. Please add a space between 27 and Coulehan in the label on the east side of the property— see redline. 17. As noted above in comment #13, if the carports are rebuilt in the future, new structural supports cannot interfere with the drainage easements. Given that the drainage easement traverses Tract D at an angle, I would recommend expanding the width of Tract D to allow more flexibility for any potential reconstruction of the carports in the future. This would allow a future structure to shift east -west if needed to avoid the easement. The minimum width of the pavement should be at least 42 feet from flowline to Tract D boundary. This will allow you to expand Tract D to the west about five additional feet—see redline. 2 OUTLINE DEVELOPMENT PLAN Sheet One: 18. Please add a signature line above the name of Jimmy Ray Bowman. 19. In the signature block for Charles Ochsner please list all addresses for which is he is an owner. See comment #4. Sheet Two: 20. In general, this page looks substantially better than the first submittal. There is still a bit of refinement to be done by eliminating items that don't pertain to the new underlying zoning. I've identified below what needs to be removed or modified. 21. Please remove all the existing setback dimensions—see redline. Existing setbacks are are shown on the SDP; the ODP shows the minimum setbacks and that is sufficient for this document. 22. Please remove the lines delineating existing concrete, including patios and drainage pan—see redline. 23. Please remove the R-3 zoning designation—see redline. 24. Please remove the two "carport" labels—see redline. 25. Please remove the easement detail note—see redline. 26. There is a dashed line surrounding Tract D (see redline), but I'm not sure what this is delineating. Please identify. 27. Please correct the label for Tract E—see redline. 28. In the notes for parking and landscaping please change the last word to "below" instead of "above" —see redline. 29. Please separate the signage note from the exterior lighting note—see redline. 30. Please remove all notes related to the Tracts. These are provided on the plat and do not need to be duplicated on the ODP. 31. In the development standards table, maximum building coverage for Lots 2-19 is listed as 35%. This appears to be much lower than the existing building coverage. Please propose a percentage that is larger than the existing coverage. Based on my calculations, it appears that existing coverage ranges from 36% on Lot 19 to 75% on Lot 13. I would recommend 75% as the maximum lot coverage. 32. Please modify the last row of the development standards (Tract D) as shown in the redlines. 33. In the permitted use table, please bold "Not Permitted" and put in its own row—see redline. This standard applies to the entire site. 34. In the permitted use table, please add the following note under Tract D: NOTE: DUE TO THE PRESENCE OF A STORMWATER SYSTEM WITHIN TRACT "D", EXCLUSIVE OF ROUTINE MAINTENANCE, NO CHANGES OR ALTERATIONS AFFECTING THE EXISTING PARKING STRUCTURES WITHIN TRACT "D" SHALL BE MADE WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR OF PUBLIC WORKS. 35. Please modify the setback table as shown in the attached redline plans. 36. Please add the setback line to the legend. 37. The right-of-way dedication should be labeled "right-of-way dedication – see plat." 38. Please change the line width of the buildings. It is the same as the lot lines and makes it difficult to distinguish between the property lines and buildings for Lots 2-19. 3 SPECIFIC DEVELOPMENT PLAN Sheet One: 39. In the signature block for Charles Ochsner please list all addresses for which is he is an owner. See comment #4. Sheet Two: 40. Please label the landscaped areas in front of the townhome units—see redline. 41. Please remove the two "carport" labels and the carport's western setback—see redline. 42. Please remove the easement detail note—see redline. 43. Please remove the R-3 zoning designation—see redline. 44. There is a dashed line surrounding Tract D (see redline), but I'm not sure what this is delineating. Please identify. 45. Please correct the label for Tract E—see redline. 46. Please update the lot and tract size table per the plat. See comment #14. 47. Please modify the parking space count as follows: Covered parking spaces # Uncovered parking # 48. Please remove all items from the legend that are not included in the graphic. 49. The section drawing is labeled "Section B -B," and I'm not sure what this means. Please relabel as "typical townhome section." 50. The right-of-way dedication should be labeled "right-of-way dedication – see plat." 51. Please add a scale and north arrow. 52. Please change the line width of the buildings. It is the same as the lot lines and makes it difficult to distinguish between the property lines and buildings for Lots 2-19. This concludes the summary of comments. For the next review, please provide the following: • Digital files of all documents (Adobe pdf) • Digital file of the plat (AutoCAD 2010 dwg) • One copy of covenants/HOA documents Approval of these documents will require two public hearings. Given the number of comments still outstanding, these will not be scheduled until the third submittal is received and reviewed. If you have any questions or need further clarification, please feel free to contact me directly at 303-235-2845. Sincerely, Lauren E. Mikulak, AICP Senior Planner cc: Steve Lister Joni Haack Linda Rohlfing 4 fpr SigiWila �$ $ 555 kS ts�e� a 1a6^6 lilt XN E �I 88 nr�` d r o I ik jyi11 b t NJI; Pit 3s Y "$k g ata 10 Tillax ? t gin Val 11 s hff �#< : ; gg e '� � q �gbR s �ggg a tlgqg POP 1140, � �� a �� i3 �i g T }p } } P F i8�fg Lvl X63w1 Ll➢Ii5 MLFN cn s LU if lR O os� R O� vwi iii u I . 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SDL Surveying, LLC 15320 Great Rock Road Brighton, CO 80603 303.637.9435 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: Second Review Comments of the Final Plat, Specific Development Plan, and Outline Development Plan for the Somerset Subdivision, Case #WS -14-01 and WZ-14-05. Dear Mr. Lister, I have completed the second review of the above referenced documents received on July 2, 2014, for the proposed subdivision involving the property located at 6904-6940 W. 48'h Avenue, and I have the following comments: Outline Development Plan: 1. In the Legal Description found on Sheet 1, please change the word "PRIME" to "PRINCIPAL". 2. The graphical portion and all notes pertaining to the subdivision boundary, easements, lot lines, and Tracts, must EXCATLY match that information found on Sheet 4 of the Final Plat. Specific Development Plan: 1. In the Legal Description found on Sheet 1, please change the word "PRIME" to "PRINCIPAL". 2. The graphical portion and all notes pertaining to the subdivision boundary, easements, lot lines, and Tracts, must EXCATLY match that information found on Sheet 4 of the Final Plat. Final Plat: Sheet 1: 1. In the Legal Description found on Sheet], please change the word "PRIME" to "PRINCIPAL". Sheet 2: 1. No comments this Sheet. Sheet 3: 1. In the Drainage Easement statement, the Tracts are misnamed. Please rename to "TRACT B AND TRACT C". 2. The graphical portion of this plat as drawn is very confusing and has easements overlapping with Tracts. 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If ViWOX N lily. 1 €aFP i41 "3p Nil Lauren Mikulak From: Linda Rohlfing <lmrohlfing@comcast.net> Sent: Tuesday, August 12, 2014 10:48 AM To: Lauren Mikulak Subject: RE: Somerset Townhomes sdlister101(Dgmail.com From: Lauren Mikulak [mailto:lmikulak('Oci.wheatridge.co.us] Sent: Tuesday, August 12, 2014 10:39 AM To: Linda Rohlfing Subject: RE: Somerset Townhomes Great. Thanks for the update, Linda. Also, does Steve have a new email address? The one I had keeps bouncing back. Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 From: Linda Rohlfing[mailto:lmrohlfinw-icomcast.net] Sent: Tuesday, August 12, 2014 10:36 AM To: Lauren Mikulak Subject: RE: Somerset Townhomes Steve is looking over the corrections. I have forwarded this email on to him. Linda From: Lauren Mikulak [mailto:lmikulakOci.wheatridge.co.us] Sent: Tuesday, August 12, 2014 10:32 AM To: sd152CaDcomcast.net; ImrohlfingCabcomcast.net Subject: Somerset Townhomes Good morning, am hoping to schedule the public hearing dates for the Somerset Townhomes project, but we can't confirm dates until we receive the next submittal. Please let me know if you have an estimated date for resubmitting the plat, ODP and SDP Thank you, Lauren E. Mikulak, AICP Senior Planner 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2845 Fax: 303-234-2845 www.ci.wheatridge.co.us City of W licatI c ( 0A.%MUNIJ-V DIVFI.(-)PMFNl . ' ' . City of _]�qrW hea COMMUNITY DEVELO UvY ommunity Development 500 West 29th Avenue Jheat Ridge, Colorado 80033 'h: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: April 9, 2014 Response Due: April 23, 2014 The Wheat Ridge Community Development Department has received a request for approval of a subdivision plat and zone change on property located at 6904-6940 W. 48th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WS -14-01 and WZ-14-05 / Somerset Homes Request: The applicant is requesting approval of three documents: a subdivision plat, outline development plan, and specific development plan. The property is 39,626 square feet (0.91 acres) in size and is currently developed with several structures: a single family home on the north side of the property, an 18 -unit multi -family building on the southern portion, and carports along the eastern property line. Each dwelling unit is held under separate ownership as a condominium and a homeowners' association owns the surrounding land, parking area, and existing carports. The applicant is seeking to change the ownership structure of the property from condominiums to townhomes. There is no new development being proposed, but this application is required in order to change the ownership structure. A primary difference between condos and townhomes relates to the ownership of land. The owner of an individual condominium unit typically owns only the dwelling unit. As townhomes, there is ownership of the dwelling unit and the land on which the unit is built. To this end, the property is proposed to be platted into individual parcels allowing ownership of each townhome and associated carport. The plat will result in 19 lots and one tract. Under the current R-3 zoning, the maximum density is 12 units per acre. The existing development exceeds this and is considered legally nonconforming. Because of the R-3 density limitations, the property must be rezoned to Planned Residential Development to allow the platting of 19 lots. The proposed outline and specific development plans show the existing development because there are no physical changes proposed on site at this time. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Lauren Mikulak Phone: 303.235.2845 Email:Imikulak@ci.wheatridge.co.us Fax: 303.235.2845 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire District Xcel Energy Century Link Comcast Cable Wheat Ridge Public Works Wheat Ridge Building Division Vicinity Map The subject property is outlined in blue in the image below. City Of W heat k dg� COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 t: 303.235.2857 April 30, 2014 Mr. Chuck Ochsner 5440 Ward Road #230 Arvada, CO 80002 RE: Case Nos. WS -14-01 and WZ-14-05 / Review 1 Dear Mr. Ochsner: This letter is in regard to your application for approval of a subdivision, outline development plan (ODP) and specific development plan (SDP) for property zoned Residential -Three (R-3) and located at 6904-6940 W. 48th Avenue. I have reviewed the first submittal and have the following comments. Please also refer to the enclosed redlined copies of the submittal sheets. GENERAL COMMENTS 1. This submittal includes two zoning documents and a subdivision plat. The purpose of the ODP is to establish underlying development/zoning standards that accommodate not only the existing development but also provide enough flexibility to allow some physical modifications in the future. The SDP is essentially a site plan that shows existing conditions. The comments below request that certain information be added or removed to the documents so that each can be used for their intended purpose. The most significant changes relate to the information shown on the ODP. I have provided suggested language and standards; please review to ensure these meet your needs. 2. Please provide a copy of any covenant or HOA documents that affect (or will affect) the property. We want to ensure that the covenants and new zoning documents do not conflict and understand who is responsible for maintenance of the various tracts and common areas. We also need to confirm how the covered parking is being assigned/linked to each townhouse unit as the plat does not currently serve this function. 3. Please note that each of the three documents will be recorded separately with unique recordation numbers. For this reason, each will need to have signature blocks. The lenders will only sign the plat. SUBDIVISION PLAT Sheet One: %(4. Please remove the attorney's certificate. 5. Sheet 1 needs to include the legal description and the start of the owner's signature blocks. Refer to Dave Brossman's comments regarding renumbering of the sheets and what needs to be included on Sheet One. At minimum, Sheet One should include the following: ✓a. Surveyor's certificate ✓ b. Planning Commission certification ✓ c. City certification d. County clerk and recorders certificate www.cLwheatridge.co.us ✓ e. Legal description (not currently on sheet one) f. Owner's signatures (not currently on sheet one; these may run onto the second sheet) ✓ g. Vicinity map (this may be reduced in size if needed) h. Case history ✓ All notes and easements can be moved off of the first sheet. ✓ 6. Please remove the "case no." and "map no." text from the top right corner of all sheets, and in the case history box, please add the following case numbers: WS -14-01 and WZ-14-05. 7. Please remove note 10 from the plat; this is more appropriate on the zoning documents. ✓ 8. Note 12 refers to a consolidation, please modify as "subdivision" or "final plat." 9. In the third note related to Tracts A and B, please replace the colon (:) with an apostrophe ("). See redline. V/ 10. In the attached comments from Dave Brossman, he has proposed that the drainage be in a Tract C. I would also propose that the carports be in a Tract D (see comment 22 below). Please add descriptions of Tracts C and D. Sheet Two: ✓ 11. In the first line of the owner's certificate, please modify to read, "the undersigned..." ✓ 12. In the first line of the legal description, please correct the spelling of the word "of' so it reads, "northeast quarter of se 23..." xsse/13. Please identify which lot addrech owner is associated with. Use a consistent identifier (lot and/or address or the owner and lender signatures. 14. Please correct the spelling of the following items in the owner signature blocks --corrected spellings are based on the deeds and authorizations that were submitted: ✓ a. Anne Polich ✓b. Jennifer R. Jacobson Kc. Aimee M. Sorensen d. Wheat Ridge 2020, LLC ✓ e. Executive ✓15. Please update the address for Wheat Ridge 2020 to 7391 W. 38`" Avenue. V 16. There are signature blocks for Anne Polich and for 6904 481" LLC, but based on the deeds it appears Ms. Polich is the signator for this LLC. If so, please combine these blocks into one so it reads: 690448 1h LLC 418 Ridge Avenue Longmont, Colorado 80501 Anne Marie Polich, Managing Member ✓17. Please add a comma after Britta Fisher's and Jimmy Ray Boman's names before their titles. v 18. Please modify the bottom right signature block by removing references to Charles Ochsner. He will sign the block above and this one should be reserved exclusively for John Zook. Sheet Three: 19. There are three separate signature blocks for the deed of trust holders for Wheat Ridge 2020. Please confirm whether or not these are held by the same bank, and if so consolidate the signature blocks and list all relevant instrument numbers. K Sheet Four: 20. The boundary for Lot 15 is a different line weight than the other lots. Please modify so all lots are shown with a consistent line weight. ✓ 21. In the legend please identify the thick line weight as the subdivision boundary instead of lot line. ✓22. The carport area is identified as a parking space easement, but this is problematic because the easement is not explained and because Tract A is defined as non -buildable. Please identity a separate tract for the purpose of the covered parking. It can be described as a tract that is buildable for accessory structures only; this will be reiterated on the ODP. The size of the tract should be slightly larger than the existing footprint in case these are ever rebuilt in the future with a larger footprint or further west. V13. The first and last two stalls are not identified by number. If the last two stalls are not and will not be built as covered parking, they should not be shown as such. Because these are not platted, we assume the identifying numbers (eg 2A) will be used in a separate covenant to call out ownership/assignment of each space. We want to ensure that each townhome retains a parking space and the rights to use a stall cannot be sold separately from the dwelling unit. As noted in comment 2 above, please provide a copy of these documents with the next submittal. 1/ 24. Please use a cross hatch to id4ntify the extent of the ingress/egress easement and add it to the legend. This easement should not overlap with Tract D because no structures can be built over the easement. If the width of the easement is modified, it needs to be at least 40 feet in width to accommodate an 18 foot parking space and 20 foot drive aisle. ✓ 25. Please remove the R3 zoning designation from Lot 1. V26. Please add "Zoned" before each zoning designation on adjacent lots. V,127. For legibility please remove the lot sizes from the plat and show in the table. Please add the addresses. 28. Please modify the lot size table to address the following issues: ✓ a. The square feet and acreage sizes do not add up to the totals shown (39,626 sf and QA910 acres). .� b. The square foot sizes for Lots 10 and 11 are listed in the table as 785, but shown on . the graphic portion as 789. ✓c. The acre size for Tracts A and B in the table do not match what is shown on the graphic portion of this sheet. d. Please add new tracts. ✓ 29. For lots 2 through 11, each shows the same perimeter dimensions (13.84' x 56.73'), but there are variable areas shown: 851, 785, 771, and 789 sf. Please explain or modify as needed. ✓30. Utility easements need to be identified on the plat. Typically these are located on the perimeter and are between 5 and 10 feet in width depending on the location. In this case, please add easements based on the location of any existing utilities. 31. Please add the standard easement note: Easements are hereby granted on private property as shown on the plat. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, drainage and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. 3 ✓32. Properties to the east and west are shown as unplatted, but they are part of the Coulehan Grange Subdivision. Please modify accordingly. ✓33. Please add a note that Lots 2-19 may only be developed as attached townhomes. OUTLINE DEVELOPMENT PLAN (ODP) Sheet One: ✓ 34. Please modify the title to read as follows: "Somerset Homes Townhomes Planned Residential Development" ✓ 35. Please remove the "case no." and "map no." text from the top right corner of all sheets, and in the case history box, please add the following case numbers: WS -14-01 and WZ-14-05. 36. Please remove all 14 notes from the cover page which are related to the subdivision plat. ✓37. Please add the legal description of the property. ✓38. Please add the Owner's Certificate and a signature block for all nine owners OWNER'S CERTIFICATE (sample) The below signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of a rezoning to Planned Development, and approval of this outline development plan, 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 Wheat Ridge Code of Laws. [name of owner/agent signing] State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this day of , A.D. 20_ by Witness my hand and official seal. My commission expires: Notary Public 39. Please add text to the Character of Development. This statement needs to describe the proposed project/request and should include a discussion of the proposed zoning and attributes of the project. For example: This outline development plan establishes the Somerset Homes Townhomes as a Planned Residential Development. The property is already developed with 18 attached dwelling 4 units and a single family home. The purpose of the PRD is to allow the existing dwelling units to remain but be converted from condominium to townhome ownership.... 40. The ODP and SDP need to be distinct from each other. The ODP is intended to provide the underlying development standards, whereas the SDP shows the detailed site data for what is built/proposed to be built. For this reason, please remove the site data tables from sheet one of the ODP and replaced them with minimum/maximum development standards. I have proposed standards below that may be able to accommodate the existing development and also be flexible enough to allow building modifications in the future. Please review with consideration for the present and future uses on the property. Permitted Uses Lot 1 Primary Uses: Accessory Uses: Lots 2-19 Primary Uses: Accessory Uses: .......................... Tract A Primary Uses: Tract D Primary Uses: Not permitted Single-family dwelling Home occupations Household pets, limited to no more than 3 dogs & 4 cats Urban gardens Accessory buildings Multi -family dwellings, limited to attached townhomes Home occupations Household pets, limited to no more than 3 dogs & 4 cats Surface parking Trash storage Accessory buildings, limited to attached carports or garages RV/boat storage Development Standards ___.. ...... ............. _ ..___.__....... _—.......... Entire Site Maximum building coverage Minimum landscape coverage Maximum density Minimum off-street parking __...._._..... __..... .................... Lot l Maximum building coverage Maximum height _.___..._._...._ _ ..__......................... Lots 2-19 Maximum building coverage Maximum height 40% ✓ 25% 21 units/acre ✓ 2 spaces/unit 40% ✓ 35 feet ✓ [Express this as a percentage. Please calculate the current coverage of the lots and provide a maximum here that would accommodate the existing units.] 35 feet ✓ V ao le -j o w; 5 Tract D Maximum height 15 feet Setbacks _..._..____....--__.— Lot 1 Front (north) 25 feet Rear (south) 5 feet V Side (east) 5 feet Side (west) 9 feet Lots 2-19 Front 5 feet Exterior side/rear 5 feet Interior side0 feet Tract D [setbacks will depend on tract boundary; please propose standards] Site and Building Design The Architectural and Site Design Manual shall apply to future fagade improvements or modifications of the townhomes. Accessory structures shall be architecturally compatible with primary structures. Accessory buildings shall not be constructed of metal, but are allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Parking All parking shall be in conformance with Section 26-501 (Off-street parking and loading) of the Wheat Ridge Code of Laws (except for required number of spaces as noted above). Landscaping All landscaping shall be in conformance with Section 26-502 (Landscaping requirements) of the Wheat Ridge Code of Laws (except for coverage requirements as noted above). __.— Exterior Lighting All exterior lighting shall be in conformance with Section 26-503 (Exterior Lighting) of the Wheat Ridge Code of Laws. Signage All signage shall be in conformance with Article VII (Sign Code) of the Wheat Ridge Code of Laws. Fencing All fencing shall be in conformance with Section 26-603 (Fences, walls and obstructions to view) of the Wheat Ridge Code of Laws. V, V/ 6 Sheet Two: V41. The graphic portion of the ODP needs to be modified to remove information that does not relate to the underlying zoning. This requires removal of most information related to the survey, utilities, fences, etc. Please modify to show only the following: a. Subdivision boundary b. All lot and tract lines c. All setbacks ? d. All easements e. Building footprints only (not overhang) f. Label landscape areas g. Label trash area h. Label lot numbers X42. Please add "Zoned" before each zoning designation on adjacent lots. X43. Please change the fill pattern for the carport structure to match the hatch pattern used for the other structures. ✓44. Please remove labels that showWas is currently built a. 1 story brick and frame... b. 2 story brick and frame... c. All parking notes d. All fence notes on and adjacent to the property SPECIFIC DEVELOPMENT PLAN (SDP) Sheet One: V/ 45. Please modify the title to read as follows: "Somerset Homes Townhomes Planned Residential Development" ✓ 46. Please remove the "case no." and "map no." text from the top right corner of all sheets, and in the case history box, please add the following case numbers: WS -14-01 and WZ-14-05. ✓ 47. Please remove all 14 notes from the cover page which are related to the subdivision plat. 48. Please move the legal description to sheet one from sheet two. ✓ 49. Please remove the ODP general note. ✓ 50. Please add the following text to the Character of Development: This Specific Development Plan shows the improvements that currently exist on the property. V 1. The site data table has repetitive information that can be deleted. Please remove the items that are crossed out in the attached redlines. v,/52. How is building height measured? Please note that the zoning code defines building height as being measured to the highest point of a flat roof and the midpoint for a peaked roof. ✓ 53. It may be possible to move the site data to the last sheet and fit all owner signatures on the cover page. ✓ 54. Please rename the "Proposed Lots" table to be called "Lot Size" and update the proposed lot sizes to match the plat (see comments 28 and 29). V/55. Please add the following Owner's Certificate and begin the owner's signatures on sheet one. The site data may be moved if needed. 7 1, OWNER'S CERTIFICATE (sample) The below signed owner(s), or legally designated agent(s) thereof, do hereby agree that the property legally described hereon will be developed as a Planned Development in accordance with the uses, restrictions and conditions contained in this plan, and as may otherwise be required by law. I (we) further recognize that the approval of a rezoning to Planned Development, and approval of this specific development plan, 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 Wheat Ridge Code of Laws. [name of owner/agent signing] State of Colorado ) ) SS County of Jefferson ) The foregoing instrument was acknowledged before me this day of , A.D. 20_ by Witness my hand and official seal. My commission expires: Notary Public Sheet Two: ✓ 56. Please update the owner signature blocks per the plat (see comments 13-18). Sheet Three: V/ 57. Please remove all language stating "hereby dedicated by this plat" which appear in the main drawing and the detail. ✓ 58. The text under the carport is illegible, please modify the hatch pattern. ✓ 59. Please show the actual setback dimensions—these were shown on the ODP as layer "Text Dim" and are necessaryto s ow onthe SDP. ✓ 60. Please remove the bearings for each internal lot or tract to help with legibility. ✓ 61. Please label the landscape areas. 62. Please show the parking lot striping and each stall within the carport. v/ 63. Please add "Zoned" before each zoning designation on adjacent lots. ✓ 64. Please provide a typical elevation of one of the townhome units and identify the materials and height. Y"65. Please remove the surveying details and bearing/curve tables. 0 The application was also sent on referral to other city departments and outside agencies. Attached are the comments that were received. Wheat Ridge Public Works: See attached comments and redlines from Dave Brossman dated April 21, 2014 Wheat Ridge Fire District: See attached comments from Kelly Brooks dated April 9, 2014. Xcel Energy: See attached comments from Donna George dated April 21, 2014. Wheat Ridge Sanitation District: See attached comments from Bill Willis dated April 17, 2014. Wheat Ridge Water: No comments received. Century Link: No comments received. Comcast Cable: No comments received. Wheat Ridge Building Division: No comments received. This concludes the summary of comments. For the next review, please provide the following: • A response to this letter • Two (2) full-size hard copies of the plat • One (1) full-size hard copy of the ODP • One (1) full-size hard copy of the SDP • Digital files of all documents (Adobe pdf) • Digital file of the plat (AutoCAD 2010 dwg) • One copy of covenants/HOA documents If you have any questions or need further clarification, please feel free to contact me directly at 303-235-2845. Sincerely, ?0-4-A�� Lauren E. 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I X x Q is y Z y N a- < ) Ogg of - log b y 51 Ti9sI�I� ze W Z QH, .srsuuow au ,o ve, xsn AIM LpZMz uts.oK i�S Myr W ytl33;d 33 F- a cn 0 - m W —j 2 W 0 > = W .o- I. , uoc oo apr� . z r.aow I 0'wZ n.,65.SL00N W V ooh b �R ~ I �g@t� U I BM gb`ai j�h.-ers C, LLI A ? i Y3 �< e. �a, 31x2 "" re ' ozr1 1].Li rL I��jFy`iS Ra ]epgloos S <oer e� ; (.00r) Az pOC \ le.ao.ouaos) 3.LZ CSoos , gMtl� I Ae x w-KApp(IH 3 •aie Ruawsavw Lauren Mikulak From: Dave Brossman Sent: Monday, April 21, 2014 10:40 AM To: Lauren Mikulak Cc: Steve Nguyen; Chuck Braden Subject: 1st Review Comments - Somerset Townhome Plat Attachments: Somerset Homes Townhomes Plat _Review - 1_REDLINES.PDF; Somerset Subdivision_ 6904-6940W48th - reviewl.ltr.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Lauren — Here are the 1" review comments for the Somerset Townhomes. The Final Drainage Report from 1983 shows a pipe to be constructed parallel with the southerly property line, and then runs rather diagonally across the site in the northerly direction. I went out to the site and the inlets proposed in the 1983 report were constructed, so one must conclude the pipe between them was also constructed. As such, I will have them add the Drainage Easement that was to be created with the original project, although I'm only requesting a 6' wide easement rather than the 10' from the original report. The reason for this is it will have (slightly) less impact to the existing carports which were subsequently constructed over the top of the storm pipe. (During the initial project the parking was NOT covered by any structure — the carport was added later on). Since this is an existing condition we won't disallow the carports, but they should be aware that if for any reason the City has to perform maintenance on this pipe and in the process of that maintenance causes the destruction of the carports, the City will not be obligated to replace them. And if the HOA does wish to replace them, they will be doing so at their own risk (again). Nothing is ever easy — is it! Have a great day — 9 David F. Brossman, PLS Development Review Engineer/City Surveyor 7500 W. 29th Avenue Wheat Ridge, CO 80033 Phone & Fax: 303.235.2864 www.ci.wheatrid eg co.us ;I City cif I�qrWhcatWidgc uBLIC WORKS CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of Wheat Ridge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. April 21, 2014 Mr. Mr. Steven D. Lister, P.L.S. SDL Surveying, LLC 15320 Great Rock Road Brighton, CO 80603 303.637.9435 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Final Plat for the Somerset Subdivision, Case #WS -14-01 and WZ-14-05. Dear Mr. Lister, I have completed the first review of the above referenced plat received on April 9, 2014, for the proposed subdivision involving the property located at 6904-6940 W. 48i1' Avenue, and I have the following comments: General Comments: 1. You need to have the Owner's and Legal Description up front, so some page renumbering will need to occur: a. Make the current Sheet 2, Sheet 1, and b. Make the current Sheet 3, Sheet 2, and c. Make the current Sheet 1, Sheet 3. 2. For ALL sheets: a. Include a "Date of Preparation" and "Date(s) of Revision". b. Need to show the zoning, both on-site and for adjoining properties. 3. There is a large section on the upper right-hand portion of all sheets that indicates "Case No. and Map No." will be referenced. Either complete this section or remove it. Sheet 1: 1. Make this Sheet #3. 2. Need to use the latest FIRM Maps dated February 5, 2014. 3. Need to add the items found in Notes 4 and 5 to the Legend on Sheet 4. 4. In the Ingress -Egress Easements language, be sure to make all references that are singular such as "Owner" and "His" to the plural (e.g., "Owners" and "Their"). 5. In the Detention Easement language: a. Rename the section "DRAINAGE EASEMENT". b. Modify all references to "DETENTION" to "DRAINAGE" (since it works better for the constructed drainage items on the site). 6. Regarding the Tracts and the associated notes: a. Rename the section PURPOSE OF TRACTS "A", "B", AND "C": b. Modify the language regarding Tract "A" ...TO THE DRAINAGE AREA"... as indicated on the redlined plat. c. Add the following two notes: i. TRACT "C" IS LOCATED IN THE NORTHEAST CORNER OF THE SITE AND IS FOR THE PURPOSE OF A STORMWATER DRAINAGE AREA. www.ci.wheatridge.com s Public Works Engineering April 21, 2013 Page 2 ii. TRACT "C" WILL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. TRACT C IS A NON -BUILDABLE AREA USED FOR STORMWATER DETENTION AND DRAINAGE APPURTENANCES. 7. Add the following information to Sheet 1: a. WS -14-01. b. WZ-14-05. 8. Move the Vicinity Map to Sheet 1 (currently shown as Sheet 2). Sheet 2: 1. Make this Sheet #1. 2. Add the following information to the Case History Box: a. WS -14-01. b. WZ-14-05. Sheet 3: 1. Make this Sheet #2. 2. Add the following information to the Case History Box: a. WS -14-01. b. WZ-14-05. Sheet 4: 1. According to the approved Drainage/Grading Plan from 1983 there is an existing 21" corrugated metal pipe (CMP) that carries offsite runoff that used to sheetflow across this property through a manhole in the southeasterly corner, and then northerly through the area drain on the northeasterly corner of this site, and ultimately out to storm sewer lying within W. 48°i Avenue. Those same documents from 1983 state that a 6' wide drainage easement will be created and centered on this pipe. In light of this, a "6' wide drainage easement hereby created by this plat" needs to be shown. Typically we disallow any structures such as carports or garages to be constructed over drainage easements, but since there is an existing structure already there this will be an exception to this rule. Now, if the City should ever have to reconstruct or perform maintenance to this system which would require the dismantling of the existing structure(s), the City may do so without having to rebuild them. Furthermore if the current owners wish to rebuild after such an incident, the same conditions would apply. 2. Rename "Tract B, Stormwater Drainage Area". The entirety of Tract B must be reserved as a drainage easement or non -buildable tract for drainage purposes to adequately address the runoff as designed in the approved Final Drainage Report from 1983. 3. Rename the area currently shown as "DRAINAGE EASEMENT HEREBY DEDICATED BY THIS PLAT" to "TRACT "C", STORMWATER DRAINAGE AREA". 4. Need to add the items found in Notes 4 and 5 on the current Sheet 1 to the Legend on this Sheet. 5. The Detail scale can be enlarged to better show the ROW dedication since the easement is no longer needed (it will be shown as Tract "B"). 6. Since all of Tract "B" will be reserved for stormwater drainage and the ROW dedication bearings and distances can be shown on the (enlarged) detail, you can remove both the Drainage Easement and Dedication line tables. Please submit for review and approval one hardcopy and two electronic files of the revised plat. The electronic files must include one PDF and one AutoCAD 2010 DWG or older file format, and may be included with the hardcopy submittal on CD/DVD-ROM or delivered via e-mail to me at: Public Works Engineering April 21, 2013 Page 3 The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely. David F. Brossman, P.L.S. City Surveyor/Development Review Engineer CC: Steve Nguyen, Engineering Manager Lauren Mikulak, Planner If Fi le R'1K ,A A.W heatridge.coms Somerset Subdivision 6904-6940W481h - review I.ltr.docs W 2 O = 8 jafo oio Cf) F W (L < � W'21 o a = j LL R� F— LU a3 a -o u CW G 'O'^ vI �8 F X a; 8 3a X X: ha a X X 3b I x " Pill h b O r. 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W�N •J ?R J .as'oa� .."S- 1. .K.s— ;.�10i� 1 #/ x; � ti te ot � 8 soo'so'ou'c R .n<s ],fzssDo Sb]r Y�01O 'lf OS sez ei .Ci ac ],[i.CwC os cv. i DS W[ ZC�DO � �. l t5 K( a� rLDoc) AtVOc fKoomoss)aAztwos >�6�yt� aia waa�swr pkv Ogg 2 i� Nips W .n<s ],fzssDo Sb]r Y�01O 'lf OS sez ei .Ci ac ],[i.CwC os cv. i DS W[ ZC�DO � �. l t5 K( a� rLDoc) AtVOc fKoomoss)aAztwos >�6�yt� aia waa�swr pkv Ogg 2 i� XcelEnergysm PUBLIC SERVICE COMPANY April 21, 2014 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Lauren Mikulak Re: Somerset Homes, Case #s WS -14-01 and WZ-14-05 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3660 donna.1.george@xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the plans for Somerset Homes. Please be aware PSCo owns and operates an existing natural gas distribution line within the drive/parking area and overhead electric distribution facilities along the westerly and southerly property lines of the subject property. Does the town home/condom inium association's Covenants, Conditions and Restrictions guidelines allow for utilities in the common areas? If not, PSCo would like to have these existing facilities covered by easements granted upon this plat. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. The property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new natural gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. 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 any construction. If you have any questions about this referral response, please contact me at (303) 571-3306. Sincerely, Donna George Contract Right of Way Referral Processor Public Service Company of Colorado WHEAT RIDGE FIRE PROTECTION DISTRICT DOING 1 H E RIGH T THING 5 AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.S900 9 www.wrfire.org DIVISION OF FIRE PREVENTION April 9, 2014 Lauren Mikulak City of Wheat Ridge Community Development 7500 West 29'h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: WS -14-01 and WZ-14-05 / Somerset Homes Address: 6904-6940 W 48th Avenue. The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments regarding our ability to serve this property: • A condominium building is a Group R-2 occupancy as defined in the International Building and Fire Codes. A change to townhouses constitutes a change in classification to a Group R-3 occupancy. Verify with the Building Division what requirements, if any, may be required in order to re-classify this property appropriately. The Fire district has no additional requirements or concerns. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, G70� Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District Wheat Ridge Sanitation District 7100 West 44th Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 April 17, 2014 Lauren Mikulak City of Wheat Ridge Community Development 7500 West 29"' Avenue Wheat Ridge CO 80033 Email: Imikulak@ci.wheatridge.co.us Re: WS -14-01 and WZ-14-05/Somerset Townhomes Dear Ms. Mikulak: On behalf of the Wheat Ridge Sanitation District (WRSD). Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated April 9, 2014 concerning a request for rezoning of the property at 6904-6940 W. 48'h Avenue and ability to serve the property. The subject lot at the address referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). The proposed change in ownership structure from condominiums to townhomes will not affect WRSD's ability to service the property as no new development is in question. According to the referral, it appears existing structures will be reused and site development plans are not being planned as part of this rezoning process. If the developer plans any future construction that includes plumbing modifications or water meter sizing changes due to future improvements/development, WRSD will need to review the design plans. If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours, 8:30 am to 12:30 pm, or Bill Willis, MARTIN/MARTIN Consulting Engineers, 303-431-6100. Sincerely, Bill Willis District Engineer MARTIN/MARTIN, Inc. Cc: Sue Matthews — Wheat Ridge Sanitation District CITY 18F19WHEAT RIDGE 04/02/14cdbb Somerset Homes AMOUNT RECEIPT NO:CDB010071 3,051.88 FMSD ZONING APPLICATION F ZONE450.00 FMSD ZONING REIMBURSEMENT ZREIM AMOUNT PAYMENT RLCEIVED 3,501.00 TOTAL _ 3,501.00 Me Case No. �WS 1401 Date Received 4/8/20141 Related Cases WZ1405 Case Planner Case DesciiptiorliRezone to PRD and plat to convert ownership structure from condominiums to townhomes. r Akulak Apphi7.W Name IS ornetset Homes Condomi Name Phone r(jGj)- Address 5440 Ward Rd., #230 Cky FA—rvada State CO Zip [66662:'_ Off,Vef IfA&Ywabim . . . . . . . ... . ....... . .................. Name NamePh" Address City State Z'0 CVW'?C/ Name Chuck Ochsner Name Phone (303) 618-6600 ... ... . ............ Address 5440 Ward Rd., t1230 city .. . ..... ......... . . ...... . . .... . ........ IAda State Ip ldoddi. .. . ...... . ..... . . . . .............. ............ /3,0*C/ Address 16904-6940 I Street jW. 48th Ave. - - ----- i City Wheat Ridge State CO Zip L800 .......... . Location Description ...... . .... ...--- ................... . ...... . . . . . . . . ... . . ....... I Project Name ......... . . . __ .......... ----------- . . ...... ....... . . . ....... Parcel No Qtr Section District No I.&I Parcel No. 39.231 01-018 Qtr Section: [NE23 District No.: 39231 01 01 8 N E 23 .11 . ..... . .. ... . ........ flevkws Pre -App Date _1216!2012Neighborhood Meeting Date IReview Type Review Body Review Date Disposition Fir st Reading First Reading O fcc Case Disposition O Disposition Date Conditions of Approval Res # Ord # 1 A- Id- 1APP1'%7 M_ Report Notes Status -Open Storage: , - [-_I r Fm-iku—ak Case No. Date Received 4/8/2014 nma�dca�s C*; p�mo Case oesc/w/orRezone mPRDmconvert ownership structure from condominiums 'ntown omeo --'------- �phicm+»�m�� Name Somerset�mnv�Conuu� NamePhone(303)618 /38��DG�m | 4ume,o 5wnWard xu-#ZJo -1 0y m'aua-------__ l State CO zip 80002- -� uwpef»-Iolxatle.? ---- wome wamePhone | �uu,o- = -Address^ uv S tate zip COm&Cf1AAmM&W Name 'bhvckOch^uo, ----_ Nam* -- P»»»* (303)1�16-6600------ xcm/'mo |:w*oWard Rd_w2ao city Arvada State State[CO Zip 8oUO2 +feiectma�*� ~`~'``^ ^''~~` _J Cw smt* CO z.n Location Description Project Name Parcel No Qtr Section District No Parcel No. -39��-w'V1e QoSwcomzh��s ouo.ctwu. m 3923101018 NE23 i3 T-7 ~ Pre -App Date 2//201� Review Type Review Body Review Date Disposition Comments PC I Public Hearing �CC Roo# _ Status Open NO City of Wh6at �idge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) �Or�-t"S� f-%YrwS Applicant Address-�-1j40 (,,)Nzo l2 -.e vt-a-3u Phone.5(.)3 6I?.L4CU City State Cy Zip 2 Fax .3 o-3. -JG 7, -?S'y &' Owner City Address Phone State Zip Fax Contact('I tLL c.ir.- OJ15 r.e/y- Address -�j yy D (i n f -k ►t )3o Phone 3o 3. G) k. 4 6 00 City PMOA-Q1'r State CO Zip ,Jon Fax 3LO. k16 -T. 9k Ye (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 6904-6940 W. 48th Avenue Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements, incomplete applications will not be accepted. ® Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit ® Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Rezone to PRD and plat in order to convert ownership structure from condominiums to townhomes. Required information: Assessors Parcel Number: multiple Size of Lot (acres or square footage): t 40,000 Current Zoning: R-3 Proposed Zoning: PRD Current Use: 18 condominium units + 1 SF home Proposed Use: no change certify that the information and exhibits herewith submitted are tnte and correct to the best of my knowledge and that in filing this application, / am acting with the knowledge and consent of those persons listed above, w. hoot whose consent the requested action cannot lawfidly be accomplished. Applicants other than owners must submit power- f�t�nWVi tl, wner which approved of this action on his behalf. Notarized Signature of Applicant State of Colorad9y/�� County of ss The foregoing instrument (Land Use Processing Application) was acknowledged NE L FARLEY by this day of OVC,-h , 20 1 3 by (" `it f-/<-- OL' /1 Si't�r .TARYPLBUC V OF COLORADO ID I999�p3 Notary Public [M7NOTARY EXPIRES DECElvtBER 6, 2015 My commission expires 120L5 To be filled out by staff: Date received 04'02`lq Comp Plan Design. Related Case No. Fee S 3So1 •• Receipt No Zoning Pre-AppMtg.Date (7-L-2.012— Case No. WS 1ta( -t W2-14- - Quarter Section Map IJ f,2 Case Manager Chuck, This email should help to clarify the few outstanding items for the Somerset submittal. Attached are the applicable checklists for the subdivision plat and for the rezoning. The first 11 items are similar on each sheet and will be required for a complete submittal. Below I have provided a consolidated checklist of what needs to be submitted since these documents will be submitted as a package. You can use this checklist: 1. Completed, notarized land use application – This form is attached; I have completed some of the fields for you. 2. Fee – Application fees are as follows (per acre charges are based on exact acreage—fees are rounded to the next whole dollar): • Subdivision: $1000 + $200/acre • ODP: $800 + $125/acre • SDP: $500 + $500/acre • Public notice fee: $450 3. Proof of ownership – A copy of each deed will be required; you can obtain these from the County if not from the owners directly 4. Power of attorney/written authorization – Each property owner will need to provide written permission authorizing you to submit the zone change and subdivision applications on their behalf. You can compose a form letter and have each person sign it—these do not need to be signed by lenders. Sample language: I, (name), owner of (address), authorize (applicant name) to submit subdivision and zone change applications related to Somerset Homes on my behalf. (signature/date) 5. Written request – A brief written summary of the request can be similar to what you submitted for the pre -application meeting. You can note in this request any typos you have already identified that will be corrected with the second submittal. 6. Mineral rights certification form – This form is attached; state law requires that an applicant (not the City) notify any mineral rights owners of pending land use applications. If the mineral rights have not been severed from the surface development rights, you can simply check the box at the bottom of the page and sign. 7. Geodetic survey requirements – This checklist is attached and should be initialed and signed by Steve Lister. 8. Closure sheet for the exterior boundary for all individual lots – This would have been prepared by Steve. 9. Hard copies – We will need 8 -TWO full size (2436) hard copies of all drawings and 1 reduction (11x17) 10. Legal description – Electronic file (Microsoft Word document) of the legal description of the property. RCVD 2/3/2014 11. Electronic copies – Electronic copies (in Adobe .pdf and AutoCAD .dwg formats) of all drawings (subdivision and development plans) The electronic files (pdf, dwg files and legal description) can be submitted on a CD, DVD, flash drive, or via email. I will confirm whether or not a commitment for title insurance is required. If it is, it can be submitted at a later date. I have also attached an updated schedule which shows the public hearing dates you had inquired about. Let me know if you have any additional questions as you prepare the submittal. Legal Description: A parcel of land situated in Lot 27 of Coulehan Grange, a:subdivision in the :Northeast Quarter of Section 23, rl 3 S., R. 69. W., 6th P.M., County of Jefferson, State of Colorado, filed.in Reception No. 58982 of the Jefferson County, Colorado records, more particularly described as �o].lows: c:onunencing at the Northeast corner of the Northeast quarter of said Section 23 from which the Southeast corner of said Northeast quarter bears S 00°00'00" W, 2642.57 feet; thence S 00°00'00" Lv along the East lisle of said ,Northeast quarter, 30.70 feet; thence S 89°53'30" 11 parallel to and 30.70 feet South of the North line of said Northeast quarter, 30.00 feet to the Northeast corner of said Lot 27; thence S 89053130' W along the North -line of said Lot 27, 355.00 feet to the point of beginning; thence South at right angles (S 00000'00" W as surveyed); 300 feet (300.21 feet as surveyed); thence East at right angles (N 89°53'30" as surveyed), 132 feet; thence North at right angles (N 00°00'00" E as surveyed), _:00 feet (300.21 feet as surveyed); thence West at right .ncles (S 89°53'30" W as surveyed), 132 feet to the point of beginning. A=t W t Doge PUBLIC WORKS Geodetic Surveying Requirements for Final Plats TITLE OF PLAT: It6yr s TbLmhomQs Notice to Surveyor: u Initial each item as completed. This form shall accompany the Final Plat submittal. 'p �_ 1. All distances for the above referenced Plat are shown using (ground) modified State Plane measurements (U.S. survey feet rounded to the nearest 0.01') consistent with the Current City Datum, AND the following datum information is shown on the Final Plat: a. The Current City Datum Coordinate System used is a ground-based modified form of the NAD83/92 State Plane Coordinate System, Colorado Central Zone 0502. b. Vertical Datum used is the North American Vertical Datum of 1988 (NAVD88). c. Ground to Grid Combined Scale Factor is 0.99974780300, scaled from base point PHAC 1 (Permanent High Accuracy Control Point #1) having the following NAD83/92 State Plane coordinates: PHAC 1: Northing: 1701258.75, Easting: 3118217.58, Elevation: 5471.62. Ste_ 2. Modified State Plane coordinates consistent with the Current City Datum are shown on the Final Plat to the nearest one-hundredth of a foot (0.01') for all property boundary corners, angle point(s), and for all point(s) of curvature/tangency. S D t_ 3. The following curve data for the site boundary, and for all lot lines and easement boundaries, shall be shown on the Final Plat. All angular measurements shall be to the nearest second and all distances to the nearest 0.01': a. Arc length. b. Chord length. c. Chord bearing. d. Central angle (delta). e. Radius. 4. The Section Tie control points shall be on the Current City Datum and shown using (ground) modified State Plane distances and bearings with the Latitude/Longitude and modified State Plane coordinates shown per City of Wheat Ridge published values. All associated property boundary corners shall be in modified State Plane values consistent with the Current City Datum; a minimum of two (2) property boundary comers of the site shall be tied to any of the three (3) following control point types within the City of Wheat Ridge network: a. Section corners. b. Quarter -section corners. c. City of Wheat Ridge Permanent High Accuracy Control (PHAC) points. 5. A Basis of Bearing Statement shall be shown specifying the two (2) City of Wheat Ridge monuments selected to establish the modified State Plane (Current City Datum) bearings used for the Plat. Specify the City monument identification number, the Current City Datum coordinates and the Latitude/Longitude for each of the two monuments used for the Basis of Bearing, and show the modified State Plane distances and bearings between them. Rev 11/12 6. The following information is included on the Plat for all monuments used: a. The City -based monument identification number. b. Modified State Plane coordinates on the Current City Datum (as supplied by the City). 7. Provide one (1) 24"X 36" paper copy on the Current City Datum as listed on this Plat, with all bearings relative to the Current City Datum Basis of Bearing, and all coordinates relative to said Current City Datum. sv 8. Two digital files of the Final Plat positioned correctly on the Current City Datum have been provided with the Plat submittal as follows: a. One (1) file in the currently acceptable version of AutoCAD DWG format (please contact the Department of Public Works at 303.235.2861 for version info). b. One (1) file in Adobe PDF format. 9. A Closure Report showing the error of closure for the platted area was provided with the plat submittal. The error of closure shall not exceed 1:50,000 for all lineal- and angular (bearing) measurements per Section 26-407-D of the City of Wheat Ridge Municipal Code of Laws. S �� 10. The following statement is included on the plat: "Per Colorado Revised Statutes See. 38-51-106 (L), all lineal units depicted on this Land Survey Plat are U.S. Survey Feet. One Meter equals 39.37 divided by 12 U.S. Survey Feet according to the National Institute of Standards and Technology. " spl_._ 11. Per C.R.S. 38-52-106, the Final Plat shall contain a Statement of Accuracy, as defined by the National Ocean Survey/National Geodetic Survey, used to derive the coordinates shown on the Final Plat. The form of the Statement of Accuracy shall be: The geodetic point coordinate data shown herein has been derived from the NAD 83 HARN State Plane Colorado Central FIPS 0502 Coordinate System, and has a horizontal Accuracy Classification of 0.07 U.S. Survey Feet at the 95% Confidence level, as defined in the Geospatial Positioning Accuracy Standards of the Federal Geodetic Control Subcommittee (FGDC-STD-007.2-1998). I hereby acknowledge all the above requirements have been addressed in a full and complete manner. Surveyor Name (Please Print) SDC. Svy7.�lP.ti�Na, LC Fir Surveyor Signature 3f 18/ Zo14 Date For information pertaining to Section and Quarter Corner information, PHAC points, benchmarks, or for general City surveying tmonu mentation information, please visit the City of Wheat Ridge website at: www.ci.wheatridge.co.us Or contact the Department of Public Works, Engineering Division at 303.235.2861. Rev 11/12 1i, City of "� Wh6atRidJge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 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, (Print name) as (Position/Job Title) of/with (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application) set for public hearing on 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. 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 �day of14 , 20A, By: (4azz�- RFIM W ALLIANCE 1_ HOMMIMCOLORAOO,COM Somerset Homes ABB70398330 David Knapp <dknapp@ltgc.com> Thu, Jan 16, 2014 at 3:55 PM To: hjoni@homesincolorado.com Good Afternoon Joni, I have attached our latest Property Information Binder No. ABB70398330 for your use. As reflected in the binder, this e-mail will confirm our research did not reveal a severance of the minerals from the land ownership. Sincerely, David W. Knapp Dakid W. Knapp Commercial Title Manager I.and Title Guarantee Company 5975 Greenwood Plaza Blvd. Greenwood Village, CO 80111 Direct: 303-850-4174 eFae: 303-393-4947 dluiapp a ltgcmm Lancs Title Guarantee(d) Company LarldTitic ,i ,t.�i,��r,�•.,��.�•r�,� � ,. .•� 70398330 revised binder.pdf 270K Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 12-30-2013 Our Order Number: ABB70398330 Property Address: 6904-6983 SOMERSET HOMES WHEAT RIDGE CO 80033 RE/MAX ALLIANCE 5440 WARD RD #110 ARVADA, CO 80002 Attn: JOANNE HAACK Phone: 303-420-5352 Fax: 303-420-5232 Copies: 1 EMail: joni.haack@homesincolorado.com Sent Via Entail If you have any inquiries or require further assistance, please contact Commercial Title Phone: 303-850-4130 Fax: 303-393-4826 Form DELIVERY.LP Our Order No. ABB70398330 Title to the estate or interest covered by this policy at the date hereof is vested in: THE INDIVIDUAL VESTED OWNERS OF EACH CONDOMINIUM UNIT OF SOMERSET HOMES CONDOMINIUMS ACCORDING TO THE MAP FOR SOMERSET HOMES CONDOMINIUMS FILED IN THE RECORDS OF THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY, COLORADO, ON OCTOBER 29, 1984 UNDER RECEPTION NO. 84100885 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION OF SOMERSET HOMES CONDOMINIUMS RECORDED OCTOBER 29, 1984 UNDER RECEPTION NO. 84100884, COUNTY OF JEFFERSON, STATE OF COLORADO. Form PIB/ORT LTG Policy No. PIB70398330 Our Order No. ABB70398330 3. The land referred to in this Binder is situated in the State of Colorado, County of JEFFERSON described as follows: UNITS 6904, 6906, 6908, 6910, 6912, 6914, 6916, 6918, 6920, 6922, 6924, 6926, 6928, 6930, 6932, 6934, 6936, 6938, 6940 OF SOMERSET HOMES CONDOMINIUMS, ACCORDING TO THE MAP FOR SOMERSET HOMES CONDOMINIUMS FILED IN THE RECORDS OF THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY, COLORADO, ON OCTOBER 29, 1984 UNDER RECEPTION NO. 84100885 AND AS DEFINDED AND DESCRIBED IN THE CONDOMINIUM DECLARATION OF SOMERSET HOMES CONDOMINIUMS RECORDED OCTOBER 29, 1984 UNDER RECEPTION NO. 84100884, COUNTY OF JEFFERSON, STATE OF COLORADO. 4. The following documents affect the land: EXISTING LEASES AND TENANCIES, IF ANY. 2. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF SOMERSET HOMES CONDOMINIUMS RECORDED OCTOBER 29, 1984 UNDER RECEPTION NO. 84100885. 3. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 29, 1984, UNDER RECEPTION NO. 84100884. RATIFICATION OF CONDOMINUM DECLARATION AND MAP RECORDED OCTOBER 29, 1984 UNDER RECEPTION NO. 84100886. 4. ANY AND ALL DEEDS OF TRUST, MORTGAGE, LIENS, JUDGEMENTS, AND OR ANY OTHER Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT Our Order No. ABB70398330 4. The following documents affect the land: (continued) OUTSTANDING OBLIGATIONS ASSOCIATED WITH THE INDIVIDUAL UNIT OWNERSHIP. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. Property Information Binder CONDMONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured': the parry or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2011 American land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tide Association. PEORT Cover Page 1 of 2 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed and made a part of this policy. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1 ST AVE #600 DENVER, CO 80206 303-850-4130 Au horized Sign cure PI8.0RT Cover Page 2 of 2 Mark Bilbrey ' President Kande Yeager Secretary SOMERSET HOMES CONDOMINIUMS c/o Chuck Ochsner 5440 Ward Road, Suite 230 Arvada, CO 80002 November 25, 2013 City of Wheat Ridge 7500 West 291h Avenue Wheat Ridge, CO 80033 RE: Condominium Conversion At the 2012 Annual Homeowners Association meeting, it was decided to pursue converting Somerset Homes Condominiums from legally zoned condominiums to legally zoned townhomes. The Board of Directors, on behalf of the Association, submitted a Preliminary Outline for a Pre -Application Conference to initiate the conversion and has worked with the City of Wheat Ridge as well as hired an engineer to prepare all of the necessary requirements for a conversion. Following is information that has been compiled in anticipation of the conversion. 1. Wheat Ridge Water District has been contacted. We were advised that because the change wouldn't affect water usage and so long as the charges continue to be sent to and paid by the Somerset Homes Condominiums Homeowners Association, each unit would not have to have a separate meter. 2. Wheat Ridge Sanitation District has been contacted. They also stated that usage would not be affected and so long as the Homeowners Association was sent and paid the bills on behalf of the homeowners, a conversion can be done. 3. Steve Lister with Lane Engineering Service, Inc. was contacted regarding preparation of a subdivision plat setting out lot lines. This work has been completed and all materials are being submitted with this request. 4. Each unit is currently on its own utility meter; therefore, nothing needs to be changed with regard to utilities. 5. Tom Ripp with Boatright & Ripp, LLC has been contacted regarding updating the governing documents. A preliminary review has been done and only minor changes will be needed in addition to legislative updates at the time the conversion is approved by the City. Somerset Homes Condominiums is a small 19 unit complex (a copy of an aerial view is attached for your reference). One of the units is a single family house and the remaining 18 units are a two-story townhouse style which is conducive to a conversion to townhome status. It's felt that a conversion to legal townhome zoning is beneficial to the homeowners and the City of Wheat Ridge. The change will make them more valuable resulting in higher property taxes and it will be easier to obtain financing which will benefit the home buying market. Please consider this letter, along with the attached documents and forms, a written request for approval of the conversion and zoning change. Somerset's check is also included for the application fee based on the .910 acre figure reflected on the engineering plats. SOMERSET HOMES CONDOMINIUMS c/o Chuck Ochsner 5440 Ward Road, Suite 230 Arvada, CO 80002 Respectfully, SOMERSET HOMES CONDOMINIUMS By: �-- Charles S. Ochsner, President CSO/jh Attachments W co N tp M� w • r o� m �. 0 rn Ln y� tt Ln Y un 1 O • I +� !OWJL O QUAY ST , 0 a) A 0 � R lk F" A � . v W co N tp M� 2111Mll1'Ill�lllll�all�l!I'1811i!NI►1l!11'1►i11!Ilf R $0.00 2009010972 QUIT 02/06/2009 04:28:16 PM 1 Page(s) Jefferson County, Colorado QUIT CLAIM DEED This Quit Claim Deed is entered into on February 4, 2009. Anne and John Polich whose street address is 13771 West Dakota Avenue, of Jefferson County, State of Colorado ("Grantor') for the consideration of $100.00 in hand paid, hereby sells and quit claims to 6904 48th LLC, whose street address is 13771 W. Dakota Avenue, Jefferson County, State of Colorado ("Grantee"), the following real property in the County of Jefferson and the State of Colorado, to wit: Condominium Unit 6904, as shown on the Amended Condominium Map for Somerset Homes Condominiums files in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984, at Reception No. 84100885, and as defined and described in Condominium Declaration of Somerset Homes Condominium appearing in such records files on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado, also known by street and number as: 6904 West 48th Avenue, Wheat Ridge, Colorado, 80033, with all its appurtenances, subject to taxes for 2009. Executed on the date set forth above. ) ss. COUNTRY OF JEFFERSON This foregoing instrument was acknowledged before me on February 5, 2009 by Anne and John Polich. Witness my hand and official seal. My commission expires: t Zoll terry P lic MARCIA VERSTRATEN NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/18/2010 RECEPTION N0, F2036597 6/02/2004 12:00:34 PG: 001-001 PG FEE: 6.00 STATE DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO Recorded the day of at o'clock m. Ifl Reception # Recorder By QUIT CLAIIvt DEED THIS DEED, A/ade this day of , between JENNIFER REBECCA JACOBS0 Grantor, ror the —mderotion of •.r TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION eA in hand paid, hereby sells and quitd.n u to JENNIFER R. JACOBSON Grantee, whose street address is 6906 WEST 48TH AVENUE, WHEAT RIDGE, CO 80033 City of WHEAT RIDGE , County of JEFFERSON , State of COLORADO , the following real property in the County of JEFFERSON and State of Colorado, to wit: CONDOMINIUM UNIT 6906, AS SHOWN ON THE AMENDED CONDOMINIUM MAP FOR SOMERSET HOMES CONDOMINIUMS FILED IN THE RECORDS OF THE CLERK AND RECORDER OF JEFFREOSN COUNTY, COLORADO, ON OCTOBER 29, 1984 AT RECEPTION NO. 84300885, AND AS DEFINED AND DESCRIBED IN CONDOMINIUM DECLARATION OF SOMERSET HOMES CONDOMINIUM APPEARING IN SUCH RECORDS FILED ON OCTOBER 29, 1984 AT RECEPTION NO. 84100884, COUNTY OF JEFFERSON, STATE OF COLORADO. also known as street and number 6906 WEST 48TH AVENUE, WHEAT RIDGE, CO 80033 TOGETHER with all Its appurtenances. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. ENNIR BCCOBSON State of cdpu -) ) rn� )ss. County of �&f-sp"J ) The foregoing instrument was acknowledged before me this day of by JENNIFER REBECCA JACOBSON Witness my hand and official seal., Aly commission expires uy�� 1 Notary Public =COLORADO MY Cc.^ari:f c:I Ex i esAag. 13.2006 When recorded return to:° 6906 WEST 48TH AVENUE, WHEAT RIDGE, CO 80033 1, ±,.mss Form 38 01/14/03 OCD QUIT CLAIM DEED AL70058015 TR70058015 (565263) 2009128690 12/28/2009 12:49:59 PM PGS 1 $6.00 DF $0 Electronically Recorded Jefferson County CO Pam Anderson. Clerk and Recorder TD1000 N QUTr CLAIM DEED THIS DEED, Made this 18th day of December , 2009 between Rick Keenan and Joe Wheeler of the County of Jefferson and State of COLORADO, Grantor(s) and Robert P. Keenan 13 whose legal address is 7828 Vanes Drive 11100, Arvada, CO 80003 of the County of Jefferson and State of COLORADO, Orantee(s) WTrNFSSETH, That the grunwr(s), for and in consideration of the sum of TEN AND NO/100 DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED. and by these presents does remise, release, sell and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, ell the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and COLORADO, described as follows: Lot 6908, Block 1, Somerset Homes Condos, County of Jefferson, State of Colorado. also known by street and number as: 6908 W. 48° Ave., Wheat Ridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges dmicunto belonging, or in anywise tbereunto appertaimug, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper ase, benefit and behalf of the grantee(s), his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. Rkk;C ? Joe Wheeler AMANDAM. LOPEZ NOTARY PUBLIC STATE OF COLORADO STATE OF COLORADO COUNTY OF Jefferson }33: The foregoing instrument was acknowledged before me thkZdayof December 2009 by Fick Kesnen and Toe Wbeelcr MY COMMISSION EXPIRES FEBRUARY 19, 2012� otaryPublic witness my hand and official seal. My Commission expres: RECEPTION NO. F I. b1 1588 9/10/2002 10:56:41 PG: 001-001 PAGE FEE: 6.00 DOC.FEE: 10.60 RECORDED IN JEFFERSON COUNTY, COLORADO WARRANTY DEED TIIISDF.ED. Made this 4th day of September 2002, between Rick Keenan and Joe Wheeler Lit die County of Jefferscn andSlacof Colorado gronor. and Tamara Manthey w•hoselecaladdrecsis 6910 W. 48th Avenue, Denver, CO 80033 ofdtecounty of Jefferson midStateof Colorado .grantee: Wl'i'Np;S%ia'I I. That dic grantor. I'ur:utd in consµlcmlion lit the sum of ONE HUNDRED SIX THOUSAND AND NO/100---------------------------------------------------------- ------------------------------------------------------IX)LLARS.($106,000.00 ). the reccilit ;mid sulTicien y of which is hereby acknowledged, has grafted. bargained, sold ;Ind conveyed, and by these presents does grant. bargaltl. sell. Convey and Co111121ll. Iulto the grantee, 1115 heirs :Nd assigns lutever. all the read property together with unprocelnents. if any. situate, lying anti being in the County of Jefferson . and State of Colorado. desoilled as follows: Condominium Unit 6910, as shown on the amended Condominium Map for Somerset Homes Condominium filed in the Records of the Clerk and Recorder of Jefferson County, Colorado, on October 29, 1984 at Reception No. 84100885 and as defined and described in Condominium Declaration of Somerset Homes Condominium appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado alsoknownby%free[mid nuuiltras 6910 W 48th Ave., Wheat Ridge, CO 80033 TO(8• mER unit all and singular the l,crcdiea»tnls ;Ind apptirtenences thereunto belonging. or in anywise appertaining. and lilt reversion and reversions. rcuninder :old rcnuunxkrs. renb, issues and profits theleol. and all the estate, right. title. Interest claim :md dentand whalstlecer of the grntor, either in low or equity. of'. in and to the above hmgaioed premises. with the heredit nictlls and a plounniain;cs. TO IIA VF. AND TO HOLD the said prcnises above barg:aincll and described, wit11 the app intnancns, unto the grantee, his heir,and assigns forever And the grantor. fur himself. his heirs and personal representatives. does covenant, grunt. bargain and agree to and with the glanlcc his heirs :,IIII assigns. that at tilt time of the ensealnig and delivery of these presents, he Is well stized of the prelllises ;ilx)vc coineyed. has good. sure, pcOw. absolute and Indefeasible estate of inheritance. in law. in fee sinif le. and has good light. full power and lawful aatiunty it) grant• bargain. sell and convey tile sant In rnatner and form its ;dures,id.:md that the smile arc tree and clear Crum all fonncr and other grants, h argains. sales, liens, taxes, assessment,. encianbrmccs and restrictions of whatcrcr kind or nalure solver. except for taxes for the current year, a lien but not yet due slid payable, and those specific Exceptions described by reference to recorded documents as reilccted in the Title Documents accepted by Buyer in accordance afth section Na ITitic Revicwl, of tie contract dated August 5, 2002 , between the parties. The gnantor shall and will WARRANT ANI) FOREVER DEFEND die above-harguincd premises in die quict and peaceable posses. sion of the grantee. his heirs ;mild assigns. against all and every person or persons 1 w•fuily claiming the whole or any pain thereof. The singular mmiher shall include lilt plural. arc plural the singular.:utd Olt mase f any g�euokr slgdl plicablc to all gender. IN W ITVE3S \1'IiERFOP. the grantor hu executed the deed on the lLne set ' ith aho%c Rick. Keenan Joe Weel GINA LARA NOTARY PUBLIC STATE OF COLORADO STATE OF COLORADO ) My Commission Expires 02.18.2003 COUNTYOF JEFFERSON ) The linegoing inswnznl a:)s acknowledgnl Ixforc me this 4th clay of September , 2002 by Rick. Keenan and Joe Wheeler My Commnissiou expires: February 16, 2003 Wil sslny hahand mild official sad. N nary Public Gina Lara PAs, 0 W057226Aa2 Ilflllllllllllllllllllllllllll�'IIIIIIi'illllllll�lllll � $0.00 2010089386 WD WARRANTVDEED 10/08/2010 09:13:52 AM 1 Page(s) Jefferson County, Colorado THIS DEED is dated September 22, 2010 , and is made between CHARLES S. OCHSNER (whether one, or more than one), the "Grantor," of the County of JEFFERSON and State of COLORADO, and WHEAT RIDGE 2020, INC., the "Grantee," a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, whose legal address is 3798 MARSHALL STREET, COUNTY OF JEFFERSON, STATE OF COLORADO. WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and its successors and assigns forever, all the real property, together with any improvements thereon, located in the County of JEFFERSON and State of Colorado, described as follows: Condominium Unit 6912 as shown on the Amended Condominium Map for Somerset }fomes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No 84100884, County of Jefferson, State of Colorado. also known by street address as: 6912 W. 48° Avenue, Wheat Ridge, CO, 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and its successors and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee and its successors and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: ❑ none; or ® the following matters: CONDOMINIUM DECLARATION AND ALL OTHER EASEMENTS OF RECORD And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and its successors and assigns, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the -Grantor has executed this deed on the date set forth above STAT13 f: OO:,k ) PVBL10 P)ss. (,iict/%5 QC39S/vfd` Coul FREON' D The ')n nt was acknowledged before me this G+� day of September , 2010, by rO. Witness my hand and official seal. My commission expires: WHEN RECORDED RETURN TO: Aimee M. Sorensen 6914 W 48th Ave Wheat Ridge, CO 80033 IIII I IIN III ISI � IIII II II It'll (IIII IIII I �I 2008095233 10/14/2008 12:33:27 Jefferson County, WARRANTY DEED THIS DEED, dated September 26, 2008, between Charles S. Ochsner ofthe County of Jefferson and State of Colorado, grantor(s), and R $6.00 D $16.50 WD PM 1 Page(s) Colorado SOF $16.50 (0• ec r' Aimee M. Sorensen, i LII whose legal address is 6914 W 48th Ave, Wheat Ridge, CO 80033, of the County of Jefferson and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of One Hundred Sixty Five Thousand and 00/100 Dollars ($165,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6914 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing In such records flied on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6914 W 48th Ave, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and Indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2008 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN W SJ$J)1IHE 9,15 �4 grantor has executed this deed on the date set forth above. Charles S. Ochsner STATEOF COLORADO ) COUNTYOF 1 yam, X55 ASTATE The foregoing instrument was acknowledged before m,(U by Charles S. Ochsner. Witness my hand and official seal. My Commission Expires:SAS. WALKERARY PUBLICOF COLORADO My Cnmmission Expires Oct 25, 2009 FileNo.: 08-01684 11396416 WD lndv to ]ndv-DOC 9/21/08 11:10 AM 1111111111111111111111111111111iIIIIII D $0'0000 2010089388 WD WARRANTY DEED 10/08/2010 09:13:52 AM 1 Page(s) Jefferson County, Colorado THIS DEED is dated September 22, 2010 , and is made between CHARLES S. OCHSNER (whether one, or more than one), the "Grantor," of the County of JEFFERSON and State of COLORADO, and WHEAT RIDGE 2020, INC., the "Grantee," a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, whose legal address is 3798 MARSHALL STREET, COUNTY OF JEFFERSON, STATE OF COLORADO. WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and its successors and assigns forever, all the real property, together with any improvements thereon, located in the County of JEFFERSON and State of Colorado, described as follows: Condominium Unit 6916 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No 84100884, County of Jefferson, State of Colorado. also known by street address as: 6916 W. 48`h Avenue, Wheat Ridge, CO, 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and its successors and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee and its successors and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of' inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: ❑ none; or ® the following matters: CONDOMINIUM DECLARATION AND ALL OTHER EASEMENTS OF RECORD And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and its successors and assigns, against all and every person or persons claiming the whole or any part thereof. IN WITNF—'SS WH EREOF, a Grantor has executed this deed on the date set forth above. STA4jtA�ADO ) 9 ss. ct�Tt�SJ 49y ) Thi re instrgment was acknowledged before me this day of September , 2010, by 11/L°S kiW,Wficial seal. My Notary Public WHEN RECORDED RETURN T0: IIII��`I�IIII`I`IIIII Illi III lhlllll��IIIIIIIII IIIIIII D $4.00 Charles S. Ochsner II 5440 Ward Rd. 20071 1801 1 QUIT Arvada, CO 80002 10/18/2007 10: 31 : 46 AM 1 Page(s) Jefferson County, Colorado QUIT CLAIM DEED THIS DEED, dated Ovl between. ]ohn E Zook of the County of and State of Colorado ("Grantor) and Charles S. Ochsner whose legal address is 4 5440 Ward Rd., Arvada, CO 60002 of the County of Jefferson and State of Colorado ("Grantee"): `�lYl WITNESS, that the Grantor, for and In Consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/SOOths) DOLLARS, the recelpt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, Interest, claim and demand which the Grantor has In and to the real property, together with Improvements, If any, situate, lying and being In the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6918 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described In Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6918 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. QAL) 0., �� John E Zo STATE OF COLORADO ) y� )SS COUNTY O t l The foregoing Instrument was acknowledged before me on O by John E Zook. Witness my hand and official seal. My mmissi n Expires: Notary Public O'O SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO MY COMMIss10N EXPIRES 02-24-201 File No.: J6918 QCD-DOC 10/3/07 3:51 PN WHEN RECORDED RETURN TO: Charles S. Ochsner 5440 Ward Rd. Arvada, CO 80002 00 111111ii1911iillllllfl1i11111fllllllllllllllllllllll 0 $6: 2007118010 QUIT 10/18/2007 10:31:46 AM 1 Page(s) Jefferson County, Colorado �/�/�� 1 ({ QUIT CLAIM DEED THIS DEED, dated �� between John E. Zook of the County of JO and State o olorado ( Grantor) and Charles S. Ochsner whose legal address Is It _(� 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ('Grantee'): (1 WITNESS, that the Grantor, for and In consideration of the sum of $42,000.00 (Forty Two \\\"`IIIYYYIII Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, Interest, claim and demand which the Grantor has in and to the real property, together with Improvements, If any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6920 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed In the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6920 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and proflts thereof, and all the estate, right, title, Interest, calm and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. �✓W� ��i John E. k STATE OF COLORADO ) COUNTY O )SS) The foregoing Instrument was acknowledged before me on O T W by John E. Zook. Witness my hand and official seal. • M m is on c 11res: 'Notary Public 10 SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO My COMMISSION EXPIRES 02-24-2010 File No.: 16920 QCD-DOC 10/3/07 3:07 PH WHEN RECORDED RETURN TO: 11 1 D $4.20 Charles S. Ochsner 20071 18009 QUIT 5440 Ward Rd. Arvada, CO 80002 10/18/2007 10:31:46 AM 1 Page(s) Jefferson County, Colorado QUIT CLAIM DEED THIS DEED, dated Oti. 4between John E Zook of the County of and State of Colorado ('Granto and Cha fes S. Ochsner whose legal address Is 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ("Grantee'): WITNESS, that the Grantor, for and In consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/100ths) DOLLARS, the receipt and sufficlency of which Is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, Interest, claim and demand which the Grantor has In and to the real property, together with improvements, If any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6922 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described In Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6922 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Qlav) 4 -6%6— John E o c STATE OF COLOR;A.,DQ, ) COUNTY OF The foregoing Instrument was acknowledged before me on w by John E Zook. Witness my hand and official seal. MILCommissl n Expires: -Notary Public File No.: 16922 QCn-DOC SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO My COMMISSION EXPIRES 02-24-2010 10/3/07 3:11 PM \A CWHEN harleRSCOOchsner RDED ETU RN TO: 11111 1lllllll�lllllllllllll D $4.200 s440 Ward Rd. 20071 18008 Q I T Arvada, CO 80002 10/18/2007 10:31:46 AM 1 Page Cs) Jefferson County, Colorado (QUIT CLAIM DEED THIS DEED, dated between Sohn E. Zook of the County of and State o Colorado "Grantor-) and Charles S. Ochsner whose legal address Is / 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ("Grantee"): II` WITNESS, that the Grantor, for and In consideration of the sum of ;42,000,00 (Forty Two thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has In and to the real property, together with Improvements, If any, situate, lying and being In the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6924 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed In the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing In such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6924 W 48th Ave, Wheatrldg;e, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, cfalm and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF n )SS The foregoing Instrument was acknowledged before me on �, co—b John E. Zook. i—y Witness my hand and official seal. ,( R / _Cp_ mi to Exp�reess otary/iry///Public SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO My COMMISSION EXPIRES 02-24-2010 Re No.: 36924 QCD-DOC 10/3/07 3:15 PM WHEN RECORDED RETURN TO: I+IIID,IIII��llllllllllllli�llllllnlllllll�lllllll D $4.11 5440 Ward Rd. 020 Charles Ochsner 2007118007 QUIT Arvada, Co 80002 10/18/2007 10:31:46 AM 1 Page(s) Jefferson County, Colorado I QUITCLAIM DEED _l THIS DEED, dated UT 9L00between John E. Zook of the County of and State of olorado ("Grantor") and Charles S. Ochsner whose legal address Is 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ('Grantee'): r WITNESS, that the Grantor, for and In consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which Is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, Interest, claim and demand which the Grantor has In and to the real property, together with Improvements, If any, situate, lying and being In the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6926 as shown on the Amended Condominium Map for Somerset Homes Condominlums filed In the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6926 W 48th Ave, Wheatrldge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either In law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITTIESS WHEREOF, the Grantor has executed this deed on the date set forth above. &14 1 John E. o c STATE OF COLOR ADQ) COUNTY OF )SS) The foregoing instrument was acknowledged before me on Ob by John E. Zook. Witness my hand and official seal. Nota Pulic (� ESHARO�-L.HAUPTMAN]RY PUBLIC F COLORADO My COMMISSION EXPIRES 02-27-2010 File No.: J6926 QCD-DOC 10/3/07 3:19 PM CWHEN harles RECORDED RETURN TO: Illlll�l�ll!lillllllllllllllllil.�ll�IlNll llll D $4.20 OchsnerS. 5440 Ward Rd. 20071 1 8006 QUIT Arvada, CO 80002 10/18/2007 10:31:46 AM 1 Page(s) Jefferson County, Colorado L jf QUIT CLAIM DEED THIS DEED, dated I 1 2C U�(��{L between John E. Zook of the County of and State of 'Colorado t'Grantor') and Charles S. Ochsner whose legal address Is 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ('Grantee"): WITNESS, that the Grantor, for and in consideration of the sum of $42,000.00 (Forty Two 1,1 Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which Is hereby acknowledged, t has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, Utle, Interest, claim and demand which the Grantor has In and to the real property, together with improvements, If any, situate, lying and being In the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6928 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed In the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6928 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. V John E. Z STATE OF COLORADO ) 'n )SS COUNTY OF j 1 The foregoing instrument was acknowledged before me on _u�t , by John E. Zook. Witness my hand and official seal. to Exp)r6: NotaryPublic SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO My COMMISSION EXPIRES 02-24-2010 File No.: 36928 QCD-DOC 1013107 3:22 PM WHEN RECORDED RETURN TO: Charles S. Ochsner 5440 Ward Rd. Arvada, CO 80002 II I �IIII111�11111IIIII IIIII i 11 II I IIIII Il�ll II ill o $ 4.2 2007118005 QUIT 10/18/2007 10:31:45 AM 1 Page(s) Jefferson County, Colorado QUIT CLAIM DEED THIS DEED, dated Vit 1 aQm, between Sohn E. Zook of the County of and State of Colorado ('Grantor') and Charles S. Ochsner whose legal address is 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ("Grantee"): WITNESS, that the Grantor, for and In consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which Is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has In and to the real property, together with Improvements, If any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominlum Unit 6930 as shown on the Amended Condominium Map for Somerset Homes Condominiums flied in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described In Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1964 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6930 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or In anywise thereunto appertaining and the reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the Grantor, either In law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singutar number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. John E. ok STATE OFCOLORAD �( ) T h )ss COUNTY OF ) The foregoing Instrument was acknowledged before me on by John E. Zook. Witness my hand and official seal o i ion ExpirU: lia RUM, 4-- =M, File No.: )6930 QCD-DOC 10/3/07 3,27 PM WHEN RECORDED RETURN TO: Charles S. Ochsner 5440 Ward Rd. Arvada, CO 80002 ��IIuINIUN�� 11I��I WII�A� D $4.20 2007118016 OuIT 10/18/2007 10:31:46 AM 1 Page(s) Jefferson County, Colorado f� ((��`` QUIT CLAIM DEED THIS DEED, dated M''r. !f I �W� , between John E. Zook of the County of �J and State of Colorado ("Grantor") and Charles S. Ochsner whose legal address is 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ("Grantee"): WITNESS, that the Grantor, for and in consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknow!edged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6932 as shown.on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6932 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. John E(Pok STATE OF COLORADO ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me on �� r� � by John E. Zook. Witness my hand and official seal. My .Trn Sion Ebires: 1 5 , SHARON L.HAUPTMAN NOTARY PUBLIC STATE OF COLORADO Mr ComwssioM EXPIRES 02-24-2010 File No.: 316932 QCD-DOC 10/4/07 8:21 AM WHEN RECORDED RETURN TO:111111111111111111111lglr�Ip�p1pill�l'flnl q $6.00 Charles S. Ochsner lap D $4.20 5440 Ward Rd 2007118015 QUIT Arvada, CO 80002 10/18/2007 10:31:46 AM 1 Page(s) (� Jefferson County, Colorado aJ /� ' ` I QUIT CLAIM DEED THIS DEED, dated l� —T- . ,joc)� , between John E. took of the County of and State of Colorado ("Grantor") and Charles S. Ochsner whose legal address is �A 5440 Ward Rd., Arvada, CO 80002 of the County of Jefferson and State of Colorado ("Grantee"): WITNESS, that the Grantor, for and in consideration of the sum of $42,000.00 (Forty Two Thousand AND NO/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with Improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Condominium Unit 6934 as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson County, Colorado on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration for Somerset Homes Condominiums appearing in such records filed on October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado. also known by street and number as: 6934 W 48th Ave, Wheatridge, CO 80033 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. John IZook STATE OF COLORADO ) —j',, COUNTY OF 1 fY P)SS) The foregoing instrument was acknowledged before me on OCT• `A o� 0�by John E. Zook. Witness my hand and official seal. mM Com fission Expires: File No.: 16934 QCD-DOC =STATIEE .HAUPTMAN Y PUBLIC COLORADO My Cauos31ON E—Res 02-242010 10/4/07 8:26 AM 2008056764 06/10/2008 03:25:50 PM PGS 2 $11.00 DF $8.65 Electronically Recorded Jefferson County CO Pam Anderson, Clerk and Recorder TD1000 Y SPECIAL WARRANTY DEED THIS DEED, Made this _ day of May, 2008, between �BC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE jn FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-2, by LITTON LOAN SERVICING LP, as Attorney -In -Fact, whose legal address is 4828 Loop Central Drive, Houston, Texas 77081, grantor(s), and P/�VHEAT RIDGE 2020, whose legal address is 4350 Wadsworth Blvd, Suite 420, Wheat Ridge, CO 80034, grantee(s): I/ WITNESSETH, That the grantor(s) for and in consideration of the sum of EIGHTY-SIX THOUSAND FIVE HUNDRED DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee(s), and its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: All that certain condominium situate in the County of Jefferson, State of Colorado, being known and designated as Condominium Unit 6936 as shown on the Amended Condominium Map of Somerset Homes Condominiums, filed in the records of the Clerk and Recorder of Jefferson County, Colorado October 29, 1984 as Reception No. 84100885 and as defined and as described in Condominium Declaration of Somerset Homes Condominium, appearing in such records, filed October 29, 1984 as Reception No. 84100884. Grantor makes no representations or warranties, of any kind or nature whatsoever, whether expressed, implied, implied by law, or otherwise, concerning the condition of the title of the property. Grantor Loan No. 16173171 also known as street and number: 6936 W480' Avenue, Wheat Ridge Colorado $0033,- TOGETHER 0033; TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversion(s), remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s) and its heirs and assigns forever. The grantor(s) for itself and its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND, the above -bargained premises in the quiet and peaceable possession of the grantee(s) and its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s), except easements, restrictions, reservations and rights of way of record, taxes and assessments for 2008, payable in 2009. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. M COUNTY OF HARRIS HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-2 By LITTON LOAN SERVICING LP as Attorney -In -Fact swift ceswe By A>lsWWO VIM Pf"dertl The foregoing instrument was acknowledged before me this q'�day of May, 2008, by LITTON LOAN SERVICING LP as Attorney -In -Fact for HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005- 2. My commission expires Witness my hand and of cial seal. C A;i R;:. S .'s"J 12 I Notary Public Name and Add,. of Person Creating Newly Created Legal Description (3 38-35-106.5, C.R.S.) Record and return to: ServiceLink LP 4000 Industrial Boulcvard Aliquippa, PA 15001 2010041323 05/14/2010 12:05:18 PM PGS 1 $6.00 DF $5.50 Electronically Recorded Jefferson County CO Parn Anderson, Clerk and Recorder TD1000 Y State Doc Fee s. 5,50 PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Karen Madsen, as Personal Representative of the Estate of Dorothy Marie Plakorus, deceased, Grantor, to BDI Properties, LLC, a Nevada company, whose legal address is 1001 A East Harmony Road #180, Fort Collins, CO 80525. WHEREAS the above-named decedent died intestate at Wheat Ridge, Colorado, on November 29, 2008; WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the Jefferson County District Court in the County of Jefferson, State of Colorado, Probate No. 09 PR 575 on June 11, 2009, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, for and in consideration of the sum of Fifty -Five Thousand and no/100 Dollars (555,000.00) Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee all the right, title, interest, claim and demand which the Grantor has In the real property located In the County of Jefferson, State of Colorado described as follows: Unit 6938, as shown on the Amended Condominium Map for Somerset Homes Condominiums filed in the records of the Clerk and Recorder of Jefferson, County, Colorado, on October 29, 1984 at Reception No. 84100885, and as defined and described in Condominium Declaration of Somerset Homes Condominium appearing In such records filed October 29, 1984 at Reception No. 84100884, County of Jefferson, State of Colorado also known as street and number: 6938 West 48th Avenue, Wheat Ridge, CO Together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever, subject to covenants, easements and restrictions of record and except those matters reflected by the title insurance policy issued in connection with this conveyance. Date As used herein, the singular includes the plural and the plural the singular. ren Madsen, Personal Representativeofthe Estate of Dorothy Marie Plakorus, Deceased STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 77-r- day of 1�.0`�_ 2010, by Karen Madsen, as Personal Representative of the Estate of Dorothy Marie Plakorus, , Deceased. Witness my hand and officials al. My commission expires A//c- GV ARN£RO Ota c sj . p�v,\GcT q�OF co, z°,4 MY P cT 111c1i�,� RECEPTIOH H0. F0973930 11/08/1999 10:41:37 PG: 001-001 PAGE FEE: 5.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO WARRANTY DEED THIS DEED, Made this 1ST day of SEPTEMBER '1999 between ZO ASSOCIATES, A COLORADO GENERAL PARTNERSHIP of the COUNTY OF JEFFERSON end Slate of COLORADO grantor, and CHARLES S. OCHSNER S JOHN E. ZOOK whose legal add,.s is 11748 WEST 54TH PLACE, ARVADA, COLORADO. _$0002 e f the COUNTY OF JEFFERSON and State of COLORADO , grantee: 1V]777SETH, That the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ------------------------ DOL.LARS,(*$10.00** ) Cie receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confum, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the COUNTY OF JEFFERSON ,and State of Colorado, describcdastollows: CONDOMINIUM UNITS 6912, 6914,6916,6918,6920,6922,6924,6926, 6928, AND 6940, AS SHOWN ON 111E AMENDED CONDOMINIUM MAP FOR SOMERSET HOMES CONDOMINIUMS FILED IN THE RECORDS OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, COLORADO ON OCTOBER 29, 1984 AT RECEPTION NO. 84100885, AND AS DEFINED AND DESCRIBED IN CONDOMINIUM DECLARATION FOR SOMERSET HOMES CONDOMINIUMS APPEARING IN SUCH RECORDS FILED ON OCTOBER 29, 1984 AT RECEPTION NO. 84100884, 1 COUNTY OF JEFFERSON, STATE OF COLORADO. also known bystrect and number as 6912,6914,6916,6918,6920,6922,6924,6926,6928, AND 6940 WEST 48TH AVENUE, WHEATRIDGE, C.O 80033 TOGETHER with all and singular the hereditaments and appurtenances !hereunto belonging, or in anywise appertaining, and We reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all (be estate, right, title, interest, claim and demand whatsoever or the grantor, either in law or equity, or, in and to (be above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for hirnsclf, his heirs and personal representatives, docs covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the enscaling and delivery of these presents, be is well seized of (be premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes Cor the current year, a lien but not yet due or payable, easements, restrictions, reservatlons, covenants and rights-of-way of record, If any, The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the data set forth above. ZO ASSOCIATES, A COLORADO GENERAL �gi2Ty3'�iS1LTPir�_�/ BY: �ii��/� C1iARLES S. OCHSNER BY*� STATE OF COLORADO T(ljN E. ZOOK COUNTY OF JEFFERSON )as. The foregoing instrument was acknowledged before me this IST day of SEPTEMBER .1999 b Y CHARLES S.QCji5N" ,&,. JOHN: E. ,TOOK, GENERAL PARTNERS FOR ZO ASSOCIATES, A COLORADO��1. My Comatission exRkWA(,tklpaWitness my hand and o tial i!2 STATE OF COLORADO a�i�r ♦rr •err rrrrrrrrr 1!t Commission Expires 51.512001 SUSAN R. PENDERGRAFT Notary Public WARRAhT'Y DEED (tor rholaaraphia Remr.q der POWER OF ATTORNEY/ WRITTEN AUTHORIZATION I, Anne Marie Polich as Managing Member of 6904 481h LLC, owner of 6904 West 48th Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Date: _ POWER OF ATTORNEY/ WRITTEN AUTHORIZATION j� I, Jennifer Jacobson, owner of 6906, West 48th Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Date: POWER OF ATTORNEY/ WRITTEN AUTHORIZATION I, Robert P. Keenan II, owner of 6908, West 48th Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Q C C S Od �E;;,, NOV 2 5 2013 J ADAMS COUNTY _.., _-..__ NT Date: POWER OF ATTORNEY/ WRITTEN AUTHORIZATION I, Tamara Manthey, owner of 6910, West 481h Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Date: POWER OF A TTORNEY / WRITTEN A UTHORIZA TION I, Aimee M. Sorensen, owner of 6914, West 48th Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Date: //-Z9.20/3 POWER OF A T TORNEY / WRITTEN A UTHORIZA TION I, Britta Fisher as Executive Director of Wheat Ridge 2020, owner of 6912, 6916 and 6936 West 48th Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on behalf of Wheat Ridge 2020. �ey4'� Britta Fisher, Executive Director, Wheat Ridge 2020 Date: POWER OF ATTORNEY/ WRITTEN AUTHORIZA TION I, Jim Bowman as Manager of 6938 West 48th Avenue, Wheat Ridge, Colorado 80033, on behalf of BDI Properties LLC, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. Date: /1 POWER OF ATTORNEY/ WRITTEN AUTHORIZATION I, Charles S. Ochsner, owner of 6918, 6920,6922, 6924, 6926,69281 6930, 6932, 6934 and 6940 West 48" Avenue, Wheat Ridge, Colorado 80033, authorize Somerset Homes Condominiums Homeowners Association to submit subdivision and zone change applications related to Somerset Homes on my behalf. M21 Date: // • "�/. �Z�1 yl, f7 .np pr—N lt7 CLU& 10 DIESE i'U S 1: 1 'Z' I � \1 (111 1 zo Marriult's Desert Spriti-S Villas - Telepheme: (761)) 771)_/7t)0 - F`icsititile: (760) 779-1203 T u: I j From! cc� Fax ;z clik, -7 7 Date: C4 - Pages: d, UrgentF1 For Review El Please Comment D P!C2Se 4ar-ly Please Recycle ----�UC�a�'2- Off' A't'Taf�►L�/ lv/Ll TlE)t% �t1caP-! �a�"Zo�II 04L' A -T /&—ZA7M OFAX (1113 111cs6at'd is Inturided only for the use of (hu ifldiVidlhd cu which it is addressed and may contain ill lurr-lation that is privi 1c,ged, curifidunLial and C.—viv from dke losurc under applicable law. I i'llic reader ctiF Ili,- mess,. ue is im the intcndud recipient or agent r,.:spcw.-;ib1u t1or delivering the message tO Lh'; ifittridcd rckjpicr,.j: Yuj, arc: hereby nori fiud that any dissem inatiun. diiLriburion, or copying of this comInUnication is I .. - - dy b� -r -J I pl-vilibir.ed. !rv(,L- rvuci,.'Q Illk ffle�.Savc In tn*cjr: pivaic rlwit'% tri Ifnmediwe(0i. hurl.c or t�-in, aria dt . :Iete/shred the oriovinal illo;Wte* Thank yoti. CONFIDENTIAL N M 00 _Z Q N a- N COUJ Q W Q J J CL N M 00 Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting 41 Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes I I No Step 6: Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing City of /" Wheat j e MUNITY DEVELOPMENT 6904-6940 W. 44th Avenue Proposed zone change from Residential -Three (R-3) to Planned Residential Development (PRD) NOTICE OF NEIGHBORHOOD INPUT MEETING Somerset Homes Condominiums is proposing a Speeial ":.„ Do.., 4/Rezoning on property located at 6904 — 6940 West 48'" Avenue. A neighborhood meeting will be held on Tuesday, February 19, 2013 at 6:00 PM at City of Wheat Ridge municipal building lobby conference room (7500 West 29't' Avenue). The purpose of the request is to allow input with regard to changing Somerset Homes Condominiums' zoning from R-3 to PRD for a conversion from condominiums to townhomes. There are no anticipated chances to the property at this time. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property and-fer Speeial Use PeFmiws an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the Community Development Director and/or City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearing. The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29s' Avenue Wheat Ridge, Colorado 80033 i� r CITY Of WNEPT RID3E 601Dc%I 2,;at Ail, choi OAt?PS�v f ,IRS Ludo RECENT NO:CDDG08546 AMOUNT FN5D ZONING NPRICATILN F lil-3.09 ior�e PAYMENT RECEIVED AMOUNT CK '1265N3.0b IR -3.00 TOTAL '�3° 03 4680 PIERCE STREET LLC 4733 PIERCE ST LLC 6904 48TH LLC P 0 BOX 1500 6115 W 63RD AVE %ANNE MARIE & JOHN POLICH ARVADA CO 80001 ARVADA CO 80003 418 RIDGE AVE LONGMONT CO 80501 ACHZIGER MARNA L ADESSA ROSEANN AGNEW CHARLES W 6985 W 48TH AVE 6821 W 48TH AVE FULLER ESTEL H WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 FULLER SHERRY L 1067 MESSARA DR FT COLLINS CO 80524 ANDERSON MILBURN L ANDERSON ROBIN L ARMENTA JOSEPH ROBERT ANDERSON PAULINE L 6988 W 48TH AVE ARMENTA MARIA JUANITA 7001 W 48TH AVE WHEAT RIDGE CO 80033 4675 REED ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ARMSTRONG VIRGIL L AUMILLER CHARLES BALLI ETT 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RIDGE CO 80033 RESID BALLIETT WALTRAUD A BALLIETT WAYNE A PO BOX 34 PINE CO 80470 6845 W 48TH AVE WHEAT RIDGE CO 80033 MULTI BANDIMERE DAVE BANDIMERE BARBARA 3125 BRAUN CT GOLDEN CO 80401 4660 QUAY ST WHEAT RIDGE CO 80033 RESID BARRAZA OCTAVIO BARRAZA IRENE 4705 QUAY ST WHEAT RIDGE CO 80033 4705 QUAY ST WHEAT RIDGE CO 80033 RESID BARRON ROBERT BARRON DELLA M 4650 REED ST WHEAT RIDGE CO 80033 4650 REED ST WHEAT RIDGE CO 80033 RESID BARTELLA CHRISTOPHER 4725 OTIS ST WHEAT RIDGE CO 80033 4725 OTIS ST WHEAT RIDGE CO 80033 RESID BELANGER TODD J BELANGER MICHELLE A 4700 SAULSBURY ST WHEAT RIDGE CO 80033 4700 SAULSBUR ST WHEAT RIDGE CO 80033 RESID BERNHARDT GALE E BERNHARDT DINA L 4725 REED ST WHEAT RIDGE CO 80033 4725 REED ST WHEAT RIDGE CO 80033 RESID BITTNER BURT JAMES 1R LEE KENNY D 7055 W 48TH AVE WHEAT RIDGE CO 80033 7055 W 48TH AVE WHEAT RIDGE CO 80033 RESID BORDERS HOWARD 1 4760 PIERCE ST WHEAT RIDGE CO 80033 4760 PIERCE ST WHEAT RIDGE CO 80033 RESID CASE JAMES H CASE KATHRYN 6700 W 48TH AVE WHEAT RIDGE CO 80033 6700 W 48TH AVE WHEAT RIDGE CO 80033 RESID CATHERINE MONICA MAGUIRE LIVING TRU: 6810 W 48TH AVE WHEAT RIDGE CO 80033 6810 W 48TH AVE WHEAT RIDGE CO 80033 RESID CEDILLO CHRISTOPHER R CEDILLO CHRISTINE D 4745 REED ST WHEAT RIDGE CO 80033 4745 REED ST WHEAT RIDGE CO 80033 RESID CHARLES HAYES STOVER LIVING TRUST BRIDGET EILEEN TAYLOR LIVING TR PO BOX 891 GOLDEN CO 80401 4710 QUAY ST WHEAT RIDGE CO 80033 COMMR CHENG MAURICE 6807 W 48TH AVE WHEAT RIDGE CO 80033 6807 W 48TH AVE WHEAT RIDGE CO 80033 RESID DACK WALTER F DACK BRENDA L STEINER CHARLES E 6735 NEWLAND ST ARVADA CO 80003 4723 PIERCE ST WHEAT RIDGE CO 80033 RESID DAVIS EDITH R 6790 W 48TH AVE WHEAT RIDGE CO 80033 6790 W 48TH AVE WHEAT RIDGE CO 80033 RESID DAVIS MATTHEW W FOERSTER MARYANNE E 6855 W 48TH AVE WHEAT RIDGE CO 80033 6855 W 48TH AVE WHEAT RIDGE CO 80033 RESID DEL CASTILLO VIRGINIA L 4740 SAULSBURY ST WHEAT RIDGE CO 80033 4740 SAULSBUR ST WHEAT RIDGE CO 80033 RESID DIEHL DONALD S 4690 PIERCE ST WHEAT RIDGE CO 80033 4690 PIERCE ST WHEAT RIDGE CO 80033 RESID DOWNING DONNA 2944 SE LUND AVE 250 PORT ORCHARD WA 98366 4775 SAULSBUR ST WHEAT RIDGE CO 80033 MULTI EMILY MARCIE PO BOX 2125 WHEAT RIDGE CO 80034 4655 QUAY ST WHEAT RIDGE CO 80033 RESID EVANS RANDALL 3435 S BIRCH ST DENVER CO 80222 6785 W 48TH AVE WHEAT RIDGE CO 80033 RESID FARACO HADLOCK MARK FARACO HADLOCK GRETA G 32201 STEVEN WAY CONIFER CO 80433478S REED ST WHEAT RIDGE CO 80033 RESID FINKE AUSTIN FINKE DANIELLE 4735 OTIS ST WHEAT RIDGE CO 80033 4735 OTIS ST WHEAT RIDGE CO 80033 RESID FOLKS LISA M FOLKS DIAMOND 1 4727 PIERCE ST WHEAT RIDGE CO 80033 4727 PIERCE ST WHEAT RIDGE CO 80033 RESID FRANCESCATTI FRANK FRANCESCATTI DIANE 6426 OTIS ST ARVADA CO 80003 6955 W 47TH PL WHEAT RIDGE CO 80033 MULTI FRANKS DARLENE C 4730 PIERCE ST WHEAT RIDGE CO 80033 4730 PIERCE ST WHEAT RIDGE CO 80033 RESID GLASCOCK PATRICIA A 4750 SAULSBURY ST WHEAT RIDGE CO 80033 4750 SAULSBUR ST WHEAT RIDGE CO 80033 RESID GREEN MADELIENE Z 4744 QUAY ST WHEAT RIDGE CO 80033 4744 QUAY ST WHEAT RIDGE CO 80033 MULTI HAMMOCK VIRGIL S PHILLIPS SUSAN H 6991 W 48TH AVE WHEAT RIDGE CO 80033 6991 W 48TH AVE WHEAT RIDGE CO 80033 RESID HEIDENREICH EDDIE R HEIDENREICH ELVERA E 4720 PIERCE ST WHEAT RIDGE CO 80033 4720 PIERCE ST WHEAT RIDGE CO 80033 RESID HUBBARD FAMILY TRUST 4732 QUAY ST WHEAT RIDGE CO 80033 4732 QUAY ST WHEAT RIDGE CO 80033 MULTI HUYLER CHRISTINE JACKETT DANA A 6270 W ALAMO DR LITTLETON CO 80123 4690 QUAY ST WHEAT RIDGE CO 80033 MULTI JAMES VIOLET E 4720 SAULSBURY ST WHEAT RIDGE CO 80033 4720 SAULSBUR ST WHEAT RIDGE CO 80033 RESID JOHNSON NATHAN A JOHNSON COLETTE S 4740 PIERCE ST WHEAT RIDGE CO 80033 4740 PIERCE ST WHEAT RIDGE CO 80033 RESID JOHNSON WARREN G 6840 W 48TH AVE WHEAT RIDGE CO 80033 6840 W 48TH AVE WHEAT RIDGE CO 80033 RESID JONES RUSSELL %ASSOCIATED BROKERS REALTY, 1 900 WADSWORTH BLVD LAKEWOOD CO 80214 4701 PIERCE ST WHEAT RIDGE CO 80033 RESID JOSTEN JESI JOSTEN JON 4725 SAULSBURY ST WHEAT RIDGE CO 80033 4725 SAULSBUR ST WHEAT RIDGE CO 80033 RESID JUNGHAENE BETTY LOU 3692 WRIGHT ST WHEAT RIDGE CO 80033 4775 OTIS ST WHEAT RIDGE CO 80033 RESID KAMIONKA GWENDOLYN K KAMIONKA HARVEY E 9702 CARR CIR WESTMINSTER CO 80021 6895 W 46TH PL WHEAT RIDGE CO 80033 MULTI KAY SUZANNE KAY PHILIP 7110 W 48TH AVE WHEAT RIDGE CO 80033 7110 W 48TH AVE WHEAT RIDGE CO 80033 RESID KENNEDYJOHN KENNEDY MINNIE R 5091 XANADU ST DENVER CO 80239 4706 QUAY ST WHEAT RIDGE CO 80033 MULTI KERR HORACE S II 4747 OTIS ST WHEAT RIDGE CO 80033 4747 OTIS ST WHEAT RIDGE CO 80033 RESID KHAN FAISAL 4715 QUAY ST WHEAT RIDGE CO 80033 4715 QUAY ST WHEAT RIDGE CO 80033 RESID KVASNICKA GREG K 6713 XENON DR ARVADA CO 80004 4685 REED ST WHEAT RIDGE CO 80033 MULTI LIBBIE ALAINE MILLER TRUST 6829 W 48TH AVE WHEAT RIDGE CO 80033 6829 W 48TH AVE WHEAT RIDGE CO 80033 RESID LILEY JAMES K LILEY SANDRA L 4735 SAULSBURY ST WHEAT RIDGE CO 80033 4735 SAULSBUR ST WHEAT RIDGE CO 80033 RESID LOSASSO CHARLES P RILEY MICHAEL LOSASSO MICHAEL W 4730 REED ST WHEAT RIDGE CO 80033 4730 REED ST WHEAT RIDGE CO 80033 RESID LUCHETA MADALINE 4665 REED ST WHEAT RIDGE CO 80033 4665 REED ST WHEAT RIDGE CO 80033 RESID MAKSI MOV YURY MAKSIMOV ALLA 4725 QUAY ST WHEAT RIDGE CO 80033 4725 QUAY ST WHEAT RIDGE CO 80033 RESID MARGARET E COLEMAN TRUST SASANO KIM C PO BOX 577 WHEAT RIDGE CO 80034 4665 QUAY ST WHEAT RIDGE CO 80033 RESID MARKS PETER NADLER MILDRED 4710 REED ST WHEAT RIDGE CO 80033 4710 REED ST WHEAT RIDGE CO 80033 RESID MEIER STEPHEN A MEIER JESSICA J 4645 QUAY ST WHEAT RIDGE CO 80033 4645 QUAY ST WHEAT RIDGE CO 80033 RESID MONDY THOMAS E MONDY CONNIE S 4675 QUAY ST WHEAT RIDGE CO 80033 4675 QUAY ST WHEAT RIDGE CO 80033 RESID STTTYPUSE RANC 2STY THOM RANC RANC RANC RANC RANC RRAN RANC RANC RANC RANC SP -L RANC RANC RANC RANC RANC RANC RANC RANC RANC 501 RANC RANC RANC 1.55 RANC RANC RANC RANC RANC 1.55 RANC 1.55 RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC 2STY RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC RANC Owner Owner 2 Owner 3 Owner Co Mailing Address Unit City State Zip Property Address City Zip STTSTRC STTTYPUSE OLIVA JUAN J 4719 PIERCE ST WHEAT RIDGE CO 80033 4719 PIERCE ST WHEAT RIDGE CO 80033 RESID RANC OSCHNER CHARLES S ZOOK JOHN E 5772 MC INTYRE CT GOLDEN CO 80403 6940 W 48TH AVE WHEAT RIDGE CO 80033 THOME THOM PENNETTA ROBERT L 3358 CATHEDRAL DR CRAWFORD CO 81415 6925 W 47TH PL WHEAT RIDGE CO 80033 MULTI RANC PFENNING ROBERT PFENNING JANICE A 4770 SAULSBURY ST WHEAT RIDGE CO 80033 4770 SAULSBUR ST WHEAT RIDGE CO 80033 MULTI RANC RAPP JESSICA MARIE RAPP RYAN K 6998 W 48TH AVE WHEAT RIDGE CO 80033 6998 W 48TH AVE WHEAT RIDGE CO 80033 RESID 1.55 REEVES PATRICIA A 4765 SAULSBURY ST WHEAT RIDGE CO 80033 4765 SAULSBUR ST WHEAT RIDGE CO 80033 RESID RANC RHODES JAMES A RHODES CINDY L 1874 PIKES PEAK ST ERIE CO 80516 4770 PIERCE ST WHEAT RIDGE CO 80033 RESID RANC RICHARDS CHARLES K RICHARDS KATHLEEN F 4755 REED ST WHEAT RIDGE CO 80033 4755 REED ST WHEAT RIDGE CO 80033 RESID SP -L RIZZUTO ANTHONY RIZZUTO BEN PO BOX 63202` LITTLETON CO 80163 4650 SAULSBUR ST WHEAT RIDGE CO 80033 RESID SP -L ROBINS SHELLI ANN 4701 OTIS ST WHEAT RIDGE CO 80033 4701 OTIS ST WHEAT RIDGE CO 80033 RESID RANC ROEMER JULIANA L 4660 REED ST WHEAT RIDGE CO 80033 4660 REED ST WHEAT RIDGE CO 80033 RESID RANC SAKATA THOM TROMPETER JENNIFER 6975 W 48TH AVE WHEAT RIDGE CO 80033 6975 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC SANDMAN DIANE M 4720 REED ST WHEAT RIDGE CO 80033 4720 REED ST WHEAT RIDGE CO 80033 RESID RANC SCHEFFLER COREY LARSON WENDY 4650 QUAY ST WHEAT RIDGE CO 80033 4650 QUAY ST WHEAT RIDGE CO 80033 RESID 1.55 SHAW SCOTT PO BOX 22153 DENVER CO 80222 4651 PIERCE ST WHEAT RIDGE CO 80033 MULTI RANC SHERIDAN STACY J WHALEN PHIL J 6800 W 48TH AVE WHEAT RIDGE CO 80033 6800 W 48TH AVE WHEAT RIDGE CO 80033 RESID 1.55 SMITH CHAD M SAWYER SUMMER 4765 OTIS ST WHEAT RIDGE CO 80033 4765 OTIS ST WHEAT RIDGE CO 80033 RESID RANC SOMERSET HOMES CONDOMINIUM ASSOC %CHARLES S OCHSNER 7778 QUAIL ST ARVADA CO 80005 VACANT U SPANO SAMUEL 7940 VALMONT RD BOULDER CO 80301 VACANT U SPURGEON TONI T 6958 W 48TH AVE WHEAT RIDGE CO 80033 6958 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC STEWART FRED B STEWART MARY S 7101 W 48TH AVE WHEAT RIDGE CO 80033 7101 W 48TH AVE WHEAT RIDGE CO 80033 RESID SP -L STONE RANDY 5756 S ZANTE CIR AURORA CO 80015 4771 PIERCE ST WHEAT RIDGE CO 80033 RESID RANC SWISS VALLEY LTD LIABILITY CO 4839 W BYRON PL DENVER CO 80212 6695 W 48TH AVE WHEAT RIDGE CO 80033 COMMR 201 THOMAS MARILYN LTRUSTEE 5930 ESTES CT ARVADA CO 80004 VACANT U THOMAS WILLIAM E It 6795 W 47TH AVE WHEAT RIDGE CO 80033 6795 W 47TH AVE WHEAT RIDGE CO 80033 RESID RANC TOLMAN RADON TOLMAN KATHLEEN A 4735 REED ST 301 WHEAT RIDGE CO 80033 4735 REED ST WHEAT RIDGE CO 80033 RESID RANC TROILO CONRAD H 6775 W 48TH AVE WHEAT RIDGE CO 80033 6775 W 48TH AVE WHEAT RIDGE CO 80033 RESID BI -L URBAN ZACHARY D URBAN MELINDA 4740 REED ST WHEAT RIDGE CO 80033 4740 REED ST WHEAT RIDGE CO 80033 RESID RANC VOS VIVIAN L PICCHIONE GREGORY A 6920 W 47TH PL WHEAT RIDGE CO 80033 6920 W 47TH PL WHEAT RIDGE CO 80033 RESID RANC WADE CLARENCE R 4710 OTIS ST WHEAT RIDGE CO 80033 6725 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC WALLACE FREDRICK R WALLACE TERESA L 7090 W 48TH AVE WHEAT RIDGE CO 80033 7090 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC WALLER ADRIAN WALLER TAMMY CRAMER CYNTHIA 16380 MT VERNON RD GOLDEN CO 80401 6710 W 47TH AVE WHEAT RIDGE CO 80033 MULTI RANC WEST DOLORES DARLINE 4655 PIERCE ST WHEAT RIDGE CO 80033 4655 PIERCE ST WHEAT RIDGE CO 80033 RESID RANC WEST KRISTINE SLAUGHTER 6950 W 48TH AVE WHEAT RIDGE CO 80033 6950 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC WILLIAMS DAN C III WILLIAMS LORI J 3232 JELLISON ST WHEAT RIDGE CO 80033 6811 W 48TH AVE WHEAT RIDGE CO 80033 RESID RANC WILTSIE NANCY S 4680 REED ST WHEAT RIDGE CO 80033 4680 REED ST WHEAT RIDGE CO 80033 RESID RANC WURM KYLE WURM DANIEL 4703 REED ST WHEAT RIDGE CO 80033 4703 REED ST WHEAT RIDGE CO 80033 MULTI RANC ZARATE ANTONIO 4640 REED ST WHEAT RIDGE CO 80033 4640 REED ST WHEAT RIDGE CO 80033 RESID RANC CIZ� d4:3� P1� P,1➢GC BP 03112 121 T OchSre hGUNI 2p0.CG CharlQs 0®�9b6 kEC21FipNING GPP`ICpSiONS ri5➢ 1GN2 CEIVE➢ aNOUNI 200.©0 200.00 5E CX NE�p _ City Of PY�PP �Wheat�idge COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: December 6, 2012 Applicant: Somerset Homes Condominiums Attendees: - Chuck Oschner Phone: 303-456-2120 - John Zook - Britta Fisher Phone: 720-259-1030 Email: bfishera,wheatrid,ge2020 org - Joni Haack Phone: 303-456-2154 Email: Iiioninhomesincolorado com Attending Staff: Meredith Reckert, Senior Planner Sarah Showalter, Planner 11 Lauren Mikulak, Planner I Specific Site Location: 6904-6940 W. 48`h Avenue Existing Zoning: Residential -Three (R-3) Existing Comp. Plan: Neighborhood Existing Site Conditions: The property is located at 6904-6940 W. 48`h Avenue in the northeast quadrant of the City. The site is currently zoned Residential -Three (R-3) and is surrounded by other residentially zoned properties. To the north, east, and west are properties zoned Residential -Two (R-2) containing single- and two-family homes. To the south along Quay Street are properties zoned R-3 with multi -family and two-family residences. Based on records from the Jefferson County Assessor, the subject site 39,628 square feet in size. In addition to the primary frontage on W. 48`h Avenue, at the southwest corner of the property there is right-of-way adjacency to W. 47`h Place and Quay Street. This corner of the property is not currently utilized by any tenant of the subject site; it includes mature landscaping and a drainage feature that appears to connect with an existing storm sewer. The site includes a single family home at the north end of the property. This home was built in 1957 and is addressed as 6940 W. 48`" Avenue. It is approximately 1,150 square feet in size and has a private driveway along the western property line. Behind the home and along the western and southern property lines is a two-story L-shaped structure that includes 18 attached condominium units. The condos were built in 1983. The interior of the property provides parking for tenants, including about two dozen uncovered spaces and a 3,000 -square foot carport along the eastern property line. The majority of the property's landscaping is located in the front portion of the site. Ownership of the property and units is divided among several parties. Chuck Oscher and John Zoon own the single family home. Mr. Oschner owns 9 condo units, Wheat Ridge 2020 owns three condo units, and six condo units are independently owned. The Somerset Homes Condominium Association owns the remainder of the property (referenced as PIN 39-231-01-045). Applicant/Owner Preliminary Proposal: The applicants are proposing to change the ownership structure from condominiums to townhomes. The conversion is expected to increase property value and support home ownership. The applicants have been in touch with the appropriate utility providers to discuss the conversion and any required upgrades. Will a neighborhood meeting need to be held prior to application submittal? Yes; the request will require a zone change, so a neighborhood meeting will be necessary. Planning comments: The following items were discussed based on the proposal: Zoning A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condominium units own the dwelling unit. As townhomes, there is ownership of the dwelling unit and the land on which the unit is built. In order to purchase land, the property must be platted into individual parcels. Under the current Residential -Three (R-3) zoning, minimum parcel size is 7,500 square feet. Because the proposed parcels will be similar in size to the footprint of each dwelling unit (approximately 500- 600 sf), they will not meet the minimum R-3 lot size standards. For this reason, the request will require rezoning the property to the Planned Residential Development (PRD) zone district. In addition, under current standards, the maximum permitted density in R-3 is 12 units per acre. Based on a lot size of 39,628 square feet, only 10 units would be permitted under the current zoning. Under PRD zoning, maximum density is 21 units per acre, and based on existing lot size, the existing 19 units would be permitted. Ultimately, the zone change to PRD will best accommodate the existing and proposed conditions. When a property is rezoned to a planned development district, two documents are created to establish the zoning and to detail the site design. These two documents include the outline development plan (ODP) and specific development plan (SDP). The ODP establishes the planned development zoning 2 designation, permitted uses, and underlying development parameters (ie minimum setbacks, maximum heights, minimum parking standards). The specific development pian (SDP) includes site and landscape plans. Because there are no substantial changes to the existing improvements, the SDP will primarily show the existing conditions, and no civil (drainage) documents will be required. The SDP and ODP are both approved at public hearings; they can be submitted and approved concurrently and this approval process is described below. Subdivision In order to convert to townhomes and establish separate lots for purchase, a subdivision plat must be prepared, approved, and recorded. Because the resulting plat will include more than 5 lots, it is processed as a major subdivision which requires approval at public hearings. The process is further described below. Building Division comments: The building division was not present at the meeting but written comments from Chief Building Official John Schumacher were distributed at the meeting and are enclosed with this summary. After researching the history of the property, it was determined that the original building permits and Certificates of Occupancy indicate that the multi -tenant building was classified as townhome units when originally constructed. For this reason, the conversion of the ownership status from condo to townhome will not trigger any building code requirements. For any additional questions related to this finding or building codes, please contact Chief Building Official John Schumacher at ischumacherl - ci.wheatridge.co.us or 303-235-2853. Public Works comments: Public Works was not present at the meeting and has no comments at the time. Review Process This request will require approval of a subdivision plat and outline and specific development plans (ODP and SDP). The first step began with the pre -application meeting on December 6, 2012. Planned Development The next step in the process is to hold a neighborhood meeting which is required for approval of an ODP to establish the planned development zone district. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -foot radius. A sample notification letter is provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting date, time, and location should be coordinated with a staff member. The fee associated with the neighborhood meeting is $100 for staff presence, plus 50 cents for each page of address labels (average is $243). Meetings can be held at City Hall or at a location the applicant desires. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit a formal application. There are two options for processing a planned development: applicants may submit the ODP and SDP subsequently or consecutively. At the pre -application meeting, staff agreed it would be appropriate to submit both documents together, if the applicant so chooses. When the application is submitted, a staff planner will be assigned to handle the case. This person is the project manager for the case and will be the contact at the City throughout the entire zone change process. The case manager will review the submittal application for content. If all submittal requirements have been met, the proposal will be referred to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for their review and comment, generally for a period of 15 days. After all comments have been received, the case manager will forward those to the applicant. Modifications to the planned development documents may be required as a result of these comments. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation of approval, approval with conditions or denial. The public hearing procedure is replicated before City Council for final approval. Once approved, a blackline mylar copy of the development plans must be recorded with the Jefferson County Clerk and Recorder. If the SDP is submitted separate from and subsequent to approval of the ODP, then the referral process is repeated for the SDP, and the SDP is approved by the Planning Commission. Subdivision Plat The next step for the subdivision plat is to proceed with submittal of the subdivision application. The subdivision plat can be submitted at the same time as the specific development plan as shown below. If the ODP and SDP are submitted together, as was discussed at the pre -app meeting, the plat should be submitted at the same time for a streamlined one-step process: Option 1, One-step process: ODP + SDP + plat Option 2, Two-step process: ODP then SDP + plat Upon submittal of the major subdivision application, the assigned staff will review the project and will refer it to affected service agencies (Xcel Energy, water district, sewer district, etc.) and other City agencies (Public Works, Building Division, etc.) for comment. After a 15 -day referral period, the case manager will forward all comments to the applicant. Modifications to the subdivision plat may be required as a result of these comments. The applicant must address all comments and resubmit relevant documents. This may occur several times before scheduling a public hearing. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation of approval, approval with conditions or denial. The public hearing procedure is replicated before City Council for final approval. Once approved, a blackline mylar copy of the plat must be recorded with the Jefferson County Clerk and Recorder. 4 Attachments: Memo from John Schumacher dated November 30, 2012; Neighborhood notification template Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Sarah Showalter — Planner 11 303-235-2849 Lauren Mikulak — Planner 1 303-235-2845 John Schumacher —Chief Building Official 303-235-2853 Dave Brossman — Development Review Engineer 303-235-2864 SOMERSET HOMES CONDOMINIUMS Preliminary Outline for Conversion to Townhomes November 21, 2012 As a result of a homeowners meeting whereby it was decided to pursue a conversion from condominium status to townhome status, The Board of Directors of Somerset Homes Condominiums, on behalf of the homeowners, is submitting this preliminary proposal outline as required for a pre -application conference. It is understood that this will necessitate a zoning change to PRD. Following is information that has been compiled in anticipation of the conversion. 1. Wheat Ridge Water District has been contacted. We were advised that because the change wouldn't affect water usage and so long as the charges continue to be sent to and paid by the Somerset Homes Condominiums Homeowners Association, each unit would not have to have a separate meter. 2. Wheat Ridge Sanitation District has been contacted. They also stated that usage would not be affected and so long as the Homeowners Association was sent and paid the bills on behalf of the homeowners, a conversion can be done. 3. Steve Lister with Lane Engineering Service, Inc. has been contacted with regard to preparation of a subdivision plat setting out lot lines. The time involved once Lane Engineering is engaged is about three weeks. 4. Each unit is currently on its own utility meter; therefore, nothing needs to be changed with regard to utilities. 5. Tom Ripp with Boatright & Ripp, LLC has been contacted with regard to updating the governing documents. A preliminary review has been done and only minor changes will need to be implemented in addition to updating the documents to reflect new legislation. Somerset Homes Condominiums is a small (19 unit) complex. A copy of an aerial view is attached for your reference. Although the units are currently designated as condominiums, they are a two-story townhome style which is conducive to a conversion to townhome status. We believe that converting the units to townhomes is beneficial to the homeowners and the City of Wheat Ridge. The change will make them more valuable resulting in higher property taxes and it will be easier to obtain financing which will benefit the home buying market. Q t 00 at laai}g aaJaid A Z -T =�O F -- o O W 2 O 2 W O Cl) 2 D Z n O U r N i M 99 ■ qp IE r +� o m Q1 cp cD o � i 1 �.' NMI LO • woo n c a m �0 i 7 A k- F a` •mow. ;��,,'.,. :. .'city. n S.