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HomeMy WebLinkAbout06/01/17I City of WheatP,idge PLANNING COMMISSION AGENDA June 1,2017 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 1, 2017 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—May 18, 2017 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. ZOA-17-03: An Ordinance amending Chapters 21 and 26 of the Code to regulate and allow Small Cell Commercial Mobile Radio Service facilities in public rights-of-way. B. Case No. WS -16-02: An applications filed by Merkwood Homes, for approval of a 7 -lot subdivision plat for a property zoned Residential -One (R-1) and located at 11435 West 32vtl Avenue. 8. OTHER ITEMS 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting May 18, 2017 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Commission Members Absent: Staff Members Present: Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner 11 Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES — May 4, 2017 It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to approve the minutes of May 4, 2017, as written. Motion carried 8-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes 1 — May 18, 2017 No one wished to speak at this time. PUBLIC HEARING A. Case No. MS -17-03: an application filed by HRE Development, LLC for approval of a two lot minor subdivision with a right-of-way vacation and dedication on property zoned Mixed Use -Neighborhood (MU -N) and Mixed Use -Commercial Transit Oriented Development (MU -C TOD) located at 11818 W. 52°d Avenue. Ms. Reckert gave a short presentation regarding the minor subdivision, right-of- way vacation, dedication of right-of-way and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Reckert handed out an updated version of the Hance's Subdivision Replat No. 1 and ask that it be entered into the record. Noah Nemmers, Baseline Engineering 1950 Ford St., Golden 80401 Mr. Nemmers explained he did not prepare a presentation, but would be willing to take any questions from the Commissioners. No Commissioners had any questions at this time. Mary Taylor 5295 Tabor Street, Arvada Ms. Taylor asked what the percentage of traffic is, coming from Wheat Ridge to the Ward Road Station. Ms. Reckert said she hopes that many of the people in the new development will be using the station. Mr. Westberg explained that RTD did an environmental impact study and the vast majority of the people coming to the Ward Road Station will be from the north and the west. They do not anticipate a lot of ridership coming from the central and southern parts of Wheat Ridge. This is the main reason why Wheat Ridge had Ridge Road connect up to Ward Road. Ms. Taylor was curious if the City of Arvada had commented on the Ward Road Station and the increased traffic on Ward Road. Mr. Westberg explained that Wheat Ridge, Arvada, Denver, Adams County and Jefferson County were all involved in the planning of this station from 2009-2011 Planning Commission Minutes -2— May 2— May 18, 2017 and Wheat Ridge has been collaborating with neighboring jurisdictions regarding traffic since that time. Gary Duncan 5355 Union Way, Arvada Mr. Duncan explained that his concern is about traffic. He mentioned that there are 2700 multifamily units proposed to be built between 581' Avenue and 44d' Avenue and Kipling and Ward Road. In addition, there are 2-7% of local residents who use light rail. Traffic on Ward Road during rush hour is a problem and there are no plans in place to widen Tabor or 52nd Avenue. He would like to know if there are any current impact studies or if there will be in the future. Mr. Westberg stated that Ward Road is a State Highway and the City has a vested interest in what is happing with Ward Road. There have been conversations with Arvada and Jefferson County also concerning 52nd Avenue and making it safer by adding sidewalks. He also mentioned the ballot issue that was passed last November and that $12 million that needs to be spent on street improvements. Improvements to Wadsworth are being discussed right now as well as for Kipling and I-70; hopefully Ward Road will be looked at eventually. Ms. Taylor asked about the Hance Ranch development, and wondered what the density of Lot 1 will be. Ms. Reckert stated the size is 3.91 acres and the concept plan approved a density of 80 units (townhomes). Ms. Taylor also inquired about the southern lot and why there could be either 250 multi -family apartments or 60 townhomes on 2.6 acres. She asked why such a big difference. She feels this will be a big impact. Ms. Reckert said the developer will make the decision based on market conditions. Chair Ohm wanted to remind all that tonight's hearing is the two -lot subdivision plat only. Connie Berg 5195 Swadley Street, Wheat Ridge 80033 Ms. Berg wanted to know the height restriction for the townhomes. In addition, she wanted to know what will be done about parking. Ms. Reckert stated the townhomes on the north part of the site are restricted to 35 feet and to the south, the buildings can to up to six stories, but that it is extremely doubtful the property can support this. She also explained that parking is under review and comments have not been finalized yet. Planning Commission Minutes -3— May 3— May 18, 2017 Commissioner BUCKNAM wanted clarification about the 45 -foot ROW on Tabor Street and if it includes the 11 '/2 -foot ROW that's dedicated by this plat or is the 11 1/2 -feet being dedicated in addition to the 45 -foot ROW, making the narrowest part of ROW on Tabor Street 56 -feet. Ms. Reckert said it is in addition to the 45 -foot ROW. Commissioner BUCKNAM also asked what the timeline is for extending 51st Avenue ROW to Swadley Street. Ms. Reckert explained it is the responsibility of the developer for the section between Taft and Tabor when the property develops. As other properties develop to the wet, those developers will be responsible for their piece of 51st Ave. Mr. Westberg added that 51st will stop at Tabor Street, not Swadley Street. Commissioner WEAVER clarified that the next step is this case will go to City Council and a site plan will need to be reviewed. She wondered if people want more information on the traffic where can they find this. Ms. Reckert says the case file can be reviewed at the City Offices. The next piece of the plat will show lot layouts and that will be a good time for the community to give comments. It was moved by Commissioner LEO and seconded by Commissioner KIMSEY to APPROVE Case No. MS -17-08, a request for approval of a two - lot subdivision plat for property generally addressed as 11818 W. 52nd Avenue, for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The proposed plat will facilitate redevelopment of the site consistent with the zone change and Concept Plan. 3. Utility districts can serve the property with improvements installed at the developer's expense. 4. The criteria used to evaluate a ROW vacation supports the request. Motion carried 8-0. Commissioner BODEN asked for a 5 -minute recess. B. Case No. WZ-17-02: An applications filed by Brendan Gustafson, for approval of a zone change from Residential -Two (R-2) to Residential -One C (R -1C) located at 6610 West 31st Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet Planning Commission Minutes -4— May 4— May 18, 2017 materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Mr. Wallace Mendez handed out a letter received anonymously by the City and entered it into the record. Commissioner BODEN asked if the property falls short of 31st Avenue or does it extend all the way to 31st Avenue. Mr. Wallace Mendez explained that some of what appears to be the property on the aerial image is dedicated ROW and that is why the property line does not extend all the way to the street. Commissioner BODEN also asked what district the new Bulk Plane Ordinance applies to. Mr. Wallace Mendez informed the Commission that the Bulk Plane applies to Residential -One C (R -1C) and single-family homes in Residential -3 (R-3). Commissioner BUCKNAM asked if the subdivision that will be reviewed administratively will run north to south or east to west. Mr. Wallace Mendez stated the subdivision will run north to south so there will be an east and west property. Commissioner VOS asked if the current foundation and the home on the new property will follow the R- 1C setbacks. Mr. Wallace Mendez confirmed the subdivision will be in compliance with the R - 1C development standards. Commissioner LEO asked if the R-2 zone district allows group homes and IF*aycares of a certain size if it is a private home, so that is not going to make a difference in the zone change. Mr. Wallace Mendez confirmed that accessory uses such as group homes and day cares are allowed in all zone districts, and that many of these uses require a large amount of land area and/or special use permits. He also stated that in the R- 1C, after the proposed subdivision, accessory uses will be more limited that they are currently for this property because there will not be adequate land size on either property. The only use that will be allowed would be a group home for children, but it will require a special use permit. Commissioner LEO wanted clarification that the anonymous letter received was stating the opposite of reality. Mr. Wallace Mendez state that is correct. Planning Commission Minutes - 5— May 18, 2017 Commissioner OHM asked if there will be a variance required with the R -1C. Mr. Wallace Mendez stated no variance will be required. Commissioner OHM asked what the minimum lot width is for R-2 and for R- 1C. Mr. Wallace Mendez clarified that the minimum lot width in the R-2 zone district is 75 -feet and in the R -1C is 50 feet , but for a corner lot in both zone districts the minimum width is 80 feet. He explained that the minimum lot widths for the proposed R -1C properties will be met. Khniko and Brendan Gustafson, Applicant 6803 West 32" Avenue, Wheat Ridge Ms. Gustafson explained that her family has been a part of the Wheat Ridge Community since 1978. Right now she and her husband live in the same house her grandmother did, but it is a duplex, and she would like to live in a single family home on not as busy � a street. Mr. Gustafson thanked the Commission for listening to their story and would like them to consider this zone change so they can develop two houses on the property that the neighborhood can be proud of. Bill Tanner 6705 West 31' Avenue Mr. Tanner stated he misunderstood the zone change being proposed and what the uses could be in the R -1C zone district. He stated he would like to see this family move into the neighborhood and build two houses on the property. For this reason, he is changing his opposition to supportive. Jane Jones 6417 West 29' Avenue Ms. Jones stated she loves this community and was afraid the rezone was going to be commercial and would like to see the zone change be to Residential -One. She wanted to clarify there will not be three houses on this property. Commissioner OHM and Mr. Wallace Mendez explained that only two homes will be allowed on this property and the allowed accessory uses are minimal. Joe Drew 6660 West 29' Avenue Mr. Drew stated he thinks the zone change is a favorable option for this property. Planning Commission Minutes -6— May 6— May 18, 2017 Michael Corey 6417 West 29' Avenue Mr. Corey said he will be happy to finally see someone paying taxes on this property. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Residential -Two (R-2) to Residential -One C (R -1C) for property located at 6610 West 31st Avenue, for the following reasons: 1. The zone change will result in single-family development, which is consistent with the predominant land use in the area. 2. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. Commissioner OHM thanked staff for this case not requiring a variance. C. Case No. WZ-17-04: An application filed by Ryan and Lisa Conway for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) located at 6375 West 44ffi Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BODEN asked if the zone change takes place does staff see any conflict with behavior that can be suitable for someone's backyard, but not suitable for the park due there not being fences. Mr. Wallace Mendez agreed that situations can arise, but owner has the option to fence the property with a 6 -foot fence. Ryan and Lisa Conway Planning Commission Minutes -7— May 7— May 18, 2017 3156 West 38' Avenue No additional Comments. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) for property located at 6375 West 44" Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner KIMSEY and seconded by Commissioner BUCKNAM to adjourn the meeting at 8:33 p.m. Motion carried 8-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes May 18, 2017 City of Wheatpge PLANNING COMMISSION Com umw DMWPMfNT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 1, 2017 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REGULATE AND ALLOW SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES CASE NO. ZOA-17-03 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, Community Development Director and Lauren Mikulak, Senior Planner Date of Preparation: May 26, 2017 SUMMARY: During the 2017 Colorado state legislative session, the legislature adopted, and the governor signed, House Bill 17-1193 pertaining to small cell wireless service infrastructure. As it pertains to local governments, the bill does two significant things: 1. Makes such facilities a use -by -right in all zoning districts; and 2. Allows them to locate in public rights-of-way (ROW) and on utility and traffic signal poles in those locations, and in public utility easements, with some limitations and subject to City review and approval. Based on this action, staff recommends the City adopt local regulations pertaining to the design parameters and approval processes for such facilities, particularly when they might propose to locate in the public ROW. The bill is effective July 1, 2017, and staff has received some inquiries from the small cell industry, potentially interested in making application for facilities in the City ROW. As such, staff recommends prompt action to ensure the City has the ability to proactively regulate their design and location, particularly when wishing to locate in the ROW. BACKGROUND: Since the 1996 adoption of the Federal Telecommunications Act, both the federal and state governments have placed some limitations on the manner in which local governments regulate the installation of Commercial Mobile Radio Services (CMRS) facilities. In addition to the previously mentioned new state regulations pertaining to small cell facilities, the FCC is also considering rulemaking that would limit the manner in which such facilities can be regulated at a local level. City staff has provided comment to the FCC on the draft regulations. The City has generally been permissive in regulating the industry, while maintaining reasonable design standards that ensure such facilities blend in with the community's built environment. Substantively, the draft ordinance would achieve the following: ZOA-17-03/ Small Cell CMRS Facilities • Define "small cell CMRS facilities" in line with state and federal definitions; which are primarily based on a defined maximum size • Comply with the new legislation by allowing small cell facilities as a use by right in all zoning districts and allow them to locate in public rights of way and utility districts under certain design and location parameters • Regulate the design of said facilities on private property in a manner similar to how all other CMRS facilities are regulated • Regulate the design of said facilities in public rights of way and utility easements as follows: o Prioritize the location of small cell facilities such that they generally go on existing utility poles or secondarily on new utility poles designed to mimic the appearance of any other existing utility poles in the vicinity o Minimize the number of facilities by requiring a minimum separation of 1000 feet, which is the equivalent of approximately two (2) blocks. o Establish a permitting process for facilities when locating in public rights of way The City most recently updated our CMRS regulations late in 2016. This update was done principally to comply with updated Federal Communications Commission (FCC) regulations stipulating maximum local government review timeframes. City Council reviewed the draft ordinance pertaining to "small cell facilities" at a study session on May 15 and directed staff to proceed forward to package for Council's consideration at 1' Reading on May 22. City Council approved this ordinance on 1" Reading On May 22 and set the public hearing for June 12. A Planning Commission recommendation to City Council is required for all amendments to Chapter 26. This compressed timeline allows the ordinance to go into effect prior to the July 1 effective date of the legislation, at which time, the City may quickly receive applications for permits in our rights of way. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 concerning the design, location and approval process for small cell CMRS facilities." Exhibits: Draft Ordinance House Bill 17-1193 ZOA-09-01/ Residential Density in Planned Development Districts CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 09 ORDINANCE NO. Series 2017 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO REGULATE AND ALLOW SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES WHEREAS, the City of Wheat Ridge, Colorado, is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service facilities; and WHEREAS, the Council wishes to amend Section 26-615 to address changes in state law affecting "small cell' facilities and to make conforming amendments in connection therewith; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-615 of the Code, concerning commercial mobile radio service facilities, is hereby amended as follows: Sec. 26-616. — Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 4. Provide specific regulations related to the review processes for CMRS facilities. -1- Attachment 1 e I:0 5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre- existing CMRS facilities shall not be required to meet the requirements of this section, other than the requirements of subsection E. Changes and additions to pre-existing CMRS facilities must meet the applicable requirements of this section. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change: 1. Review procedure a. Building- or structure -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. b. Roof -mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding or alternative tower CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111. d. New freestanding or alternative tower CMRS facilities in all planned development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community development director, new freestanding or alternative tower CMRS facilities may be reviewed as a special use pursuant to sections 26- 114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities. f. SMALL CELL CMRS FACILITIES AND NETWORKS IN PUBLIC RIGHTS-OF-WAY AND EASEMENTS SHALL BE REVIEWED BY THE PUBLIC WORKS DEPARTMENT AND SHALL REQUIRE A PERMIT UNDER SECTION 21-101, ET. SEQ.. g. SMALL CELL CMRS FACILITIES AND NETWORKS ON PRIVATE PROPERTY SHALL BE REVIEWED BY THE COMMUNITY DEVELOPMENT DEPARTMENT THROUGH A BUILDING PERMIT APPLICABLE FOR COMPLIANCE WITH THE REQUIREMENTS FOR SUCH FACILITIES. 2. Approval process a. The city shall review and act upon the application within the following time periods: -2- i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires such missing information. This determination pauses the remaining deadlines until a complete application is filed. ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on APPLICATIONS FOR SMALL CELL FACILITIES OR colocation applications that are not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing CMRS facility. b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. 1. Colocation. The shared use of existing freestanding or roof -mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof -mounted CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed CMRS facility shall consist of one or more of the following: i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height. iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna. vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable. -3- b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third -party technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional carriers. 2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of city approvals and removal of the facility at the owner's expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the manner provided by code section 2-93, or by any other means available under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of CMRS facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for by the applicant for a CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission; Ell ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached; iv. Any specific technical issues designated by the city. b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. All CMRS facilities are accessory uses to the structure upon which they are placed or to the primary use of the property on which they are constructed. WITH THE EXCEPTION OF SMALL CELL FACILITIES, no CMRS facility shall be located on a vacant lot devoid of any primary or main building. 7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: i. Residential -One (R-1), ii. Residential -One A (R-1 A), iii. Residential -One B (R-1 B), iv. Residential -One C (R-1 C), v. Residential -Two (R-2), vi. Residential -Two A (R -2A), vii. Residential -Three (R-3), viii. Residential -Three A (R -3A), ix. Agricultural -One (A-1), x. Agricultural -Two (A-2), and xi. Mixed Use -Neighborhood (MU -N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling. c. Alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of underlying zoning. d. Building, structure or roof -mounted CMRS facilities may be located on a property containing a nonresidential or multi -family use, regardless of underlying zoning. e. Alternative tower structures may be located on a property f. SMALL CELL FACILITIES ARE PERMITTED IN ALL ZONE DISTRICTS. E. Standards for freestanding and alternative tower CMRS facilities. Freestanding and alternative tower CMRS facilities are subject to the following requirements and shall be evaluated as a special use. 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. 2. Freestanding and alternative tower CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. 3. Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property. -5- 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. F. Standards for building or structure -mounted CMRS facilities. Building or structure - mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department's review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached. 2. The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted. 4. Whip antennae shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. G. Standards for roof -mounted CMRS facilities. Roof -mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department's review process. 1. All roof -mounted CMRS facilities and accessory equipment shall be set back from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof -mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by materials that are architecturally compatible with and colored to match the building or structure to which they are attached. 3. No roof -mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof -mounted accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas. H. STANDARDS FOR SMALL CELL FACILITIES AND NETWORKS. 1. APPLICABLE REQUIREMENTS. SMALL CELL FACILITIES AND SMALL CELL NETWORKS, SHALL COMPLY IN ALL RESPECTS WITH THE REQUIREMENTS OF THIS SECTION APPLICABLE TO ALL CMRS FACILITIES, WITH THE FOLLOWING EXCEPTIONS: a. SETBACK REQUIREMENTS; AND b. DESIGN REQUIREMENTS 2. LOCATION. SMALL CELL FACILITIES ARE PERMITTED IN CITY RIGHTS- OF-WAY, UPON FACILITIES IN THESE RIGHTS-OF-WAY AND ON PUBLIC EASEMENTS OWNED BY THE CITY UNDER THE FOLLOWING PRIORITY: a. FIRST, ON A CITY -OWNED UTILITY POLE, WHICH SHALL BE REMOVED AND REPLACED WITH A POLE DESIGNED TO CONTAIN ALL ANTENNAE AND EQUIPMENT WITHIN THE POLE TO CONCEAL ANY GROUND-BASED SUPPORT EQUIPMENT AND OWNERSHIP OF WHICH POLE IS CONVEYED TO THE CITY. 01 b. SECOND, A CITY -OWNED UTILITY POLE WITH ATTACHMENT OF THE SMALL CALL FACILITIES IN A CONFIGURATION APPROVED BY THE CITY. c. THIRD, ON A THIRD -PARTY OWNED UTILITY POLE, (WITH THE CONSENT OF THE OWNER THEREOF), WITH ATTACHMENT OF THE SMALL CELL FACILITIES IN A CONFIGURATION APPROVED BY THE CITY. d. FOURTH, ON A TRAFFIC SIGNAL POLE OR MAST ARM IN A CONFIGURATION APPROVED BY THE CITY, OR IN THE CASE OF A CDOT FACILITY, BY CDOT. e. FIFTH, ON A FREESTANDING OR GROUND -MOUNTED FACILITY WHICH MEETS THE DEFINITION OF AND REQUIREMENTS FOR AN ALTTERNATIVE TOWER STRUCTURE IN A LOCATION AND CONFIGURATION APPROVED BY THE CITY. 3. HEIGHT. ALL SMALL CELL FACILITIES SHALL NOT EXCEED TWO FEET ABOVE THE LIGHT POLE, TRAFFIC SIGNAL OR OTHER FACILITY OR STRUCTURE TO WHICH THEY ARE ATTACHED, OR THE MAXIMUM HEIGHT IN THE RELEVANT ZONE DISTRICT, WHICHEVER IS LESS. WHEN NEW UTILITY POLES ARE PROPOSED AS AN ALTERNATIVE TOWER, THEIR HEIGHT SHALL BE SIMILAR TO EXISTING UTILITY/LIGHT POLES IN THE VICINITY. 4. SPACING. NO SMALL CELL FACILITY SHALL BE LOCATED WITHIN ONE THOUSAND FEET (1000 FT) OF ANY OTHER SUCH FACILITY. 5. DESIGN. SMALL CELL FACILITIES SHALL BE DESIGNED TO BLEND WITH AND BE CAMOUFLAGED IN RELATION TO THE STRUCTURE UPON WHICH THEY ARE LOCATED (E.G.: PAINTED TO MATCH THE STRUCTURE OR SAME MATERIAL AND COLOR AS ADJACENT UTILITY POLES). 6. PERMITTING. SMALL CELL FACILITIES AND NETWORKS SHALL MAKE APPLICATION FOR A PERMIT FOR WORK IN THE RIGHT-OF-WAY UNDER CODE SECTION 21-11, ET. SEQ., AND FOR LOCATION AND MAINTENANCE OF SUCH FACILITY SHALL MAKE APPLICATION FOR A PERMIT FOR USE OF THE PUBLIC RIGHT OF WAY UNDER CODE SECTION 21-101, ET SEQ. SMALL CELL FACILITIES AND NETWORKS SHALL MAKE APPLICATION FOR LOCATION ON PRIVATE PROPERTY THROUGH THE BUILDING PERMIT PROCESS. THE CITY MAY ACCEPT APPLICATIONS FOR A SMALL CELL NETWORK, PROVIDED EACH SMALL CELL FACILITY SHALL BE SEPARATELY REVIEWED. 7. INDEMNIFICATION. THE OPERATOR OF A SMALL CELL FACILITY WHICH IS PERMITTED TO LOCATE ON A CITY -OWNED UTILITY POLE, TRAFFIC SIGNAL OR OTHER STRUCTURE OWNED BY THE CITY SHALL, AS A CONDITION OF PERMIT APPROVAL, INDEMNIFY THE CITY FROM AND AGAINST ALL LIABILITY AND CLAIMS ARISING AS A RESULT OF THAT ATTACHMENT, INCLUDING REPAIR AND -7- REPLACEMENT OF DAMAGED POLES AND EQUIPMENT, IN A FORM APPROVED BY THE CITY ATTORNEY. 8. BONDING. ALL PERMITS FOR LOCATION OF SMALL CELL FACILITIES ON REAL PROPERTY NOT OWNED BY THE SMALL CELL PERMITTEE SHALL INCLUDE AS A CONDITION OF APPROVAL A BOND, IN FORM APPROVED BY THE CITY ATTORNEY, TO GUARANTEE PAYMENT FOR ANY DAMAGES TO THE REAL PROPERTY AND REMOVAL OF THE FACILITY UPON ITS ABANDONMENT. 9. PERMIT EXPIRATION. A PERMIT FOR A SMALL CELL FACILITY SHALL EXPIRE NINE (9) MONTHS AFTER APPROVAL UNLESS CONSTRUCTION OF THE PERMITTED STRUCTURE HAS BEEN INITIATED. Standards for ground -mounted accessory equipment. Ground -mounted accessory equipment that is associated with a freestanding, roof -mounted or building - mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application. 1. Ground -mounted accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district. 2. Ground -mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. 3. Ground -mounted accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential properties and public rights-of- way. 4. Buildings containing ground -mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood. J. Definitions. 1. Alternative Tower CMRS facility. An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. 2. Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more Federal Communications Commission - licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure. 3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current site e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through a of this definition. Section 2. The following definitions are hereby deleted from Section 26-123 and inserted within Section 26-615 under a new paragraph I: Building or structure -mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face. CDOT COLORADO DEPARTMENT OF TRANSPORTATION. 0 Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility. Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies. Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets. Roof -mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. SMALL CELL CMRS FACILITY MEANS EITHER: 1. A PERSONAL WIRELESS SERVICE FACILITY AS DEFINED BY THE FEDERAL TELECOMMUNICATIONS ACT OF 1996," AS AMENDED AS OF AUGUST 6, 2014; OR 2. A WIRELESS SERVICE FACILITY THAT MEETS BOTH OF THE FOLLOWING QUALIFICATIONS: a. EACH ANTENNA IS LOCATED INSIDE AN ENCLOSURE OF NO MORE THAN THREE CUBIC FEET IN VOLUME OR, IN THE CASE OF AN ANTENNA THAT HAS EXPOSED ELEMENTS, THE ANTENNA AND ALL OF ITS EXPOSED ELEMENTS COULD FIT WITHIN AN IMAGINARY ENCLOSURE OF NO MORE THAN THREE CUBIC FEET; AND b. PRIMARY EQUIPMENT ENCLOSURES ARE NOT LARGER THAN SEVENTEEN CUBIC FEET IN VOLUME. THE FOLLOWING ASSOCIATED EQUIPMENT MAY BE LOCATED OUTSIDE OF THE PRIMARY EQUIPMENT ENCLOSURE AND, IF SO LOCATED, IS NOT INCLUDED IN THE CALCULATION OF EQUIPMENT VOLUME: ELECTRIC METER, CONCEALMENT, TELECOMMUNICATIONS DEMARCATION BOX, GROUND-BASED ENCLOSURES, BACK-UP POWER SYSTEMS, GROUNDING EQUIPMENT, POWER TRANSFER SWITCH, AND CUT-OFF SWITCH. SMALL CELL CMRS NETWORK. A COLLECTION OF INTERRELATED SMALL CELL FACILITIES DESIGNED TO DELIVER WIRELESS SERVICE. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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. 10- Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of 2017, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2017 at 7:00 p.m. in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of 12017. SIGNED by the Mayor on this day of 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us 11- n HOUSEBSL 111M BYREMENTAIMVE )Kroft•ThgEd NkerJ,Amdt,kkerK,, Danielson, Giml, Hansen, Hooton, Kennedy, McKean, Melton, hko, Van Winkle, Gray, Lontine, Wilsau, Dura; also SENATORS) It and Kerr, Crowder, Donom,1 ields, Gsio, Guzmon, Hill, Holbert, Jahn, K�f alas, Lundberg, Mur lc, Martinez Humenik, Merrifeld, Neville T,, hola, Scott, Todd, Williams A,, kiuger, Grantham, CONCERNING TIS 1NSTRLLATION OF ML WIRELESS SERVICE INFRASTRUCTURE M A LOCAL GOVERNMENT'S JURISDICTION, AND,1N CONNECTION TITEREWITH, CLRRIFYB�G THAT AN EXPEDITED PERMITIiNOFROCESSRPPLIESTOSMALLCELLFRCILITIESANDSMALL CELLNETWORKSANDTHRTTITERIGHTS•OF•WRYACCESSRFFORDED TELECOMMATIONS PROVIDERS EXTENDS TO BROADBAND PROVIDERS AND TO SMALL CELL FACILITIES AND SMALL CELL NETWORKS, Beit meodby thm GmnmrolksmmNl o f ihm State o f Colorado. SECTION L In Colorado Revised Statutes, �9.241, add (2) as follows, P9111401. Legislative declaration, (Z) TIS GENERRLASSEMBLY Capilollarsindimnm ofrioladd¢dlodlingstaw' ikIWgo whindok MuiomfromadogslowuoisuchmolcriolOpal of act FURTHER FINDS AND DECLARES THAT: (a) SMALL CELL FACILITIES OFTEN MAY BE DEPLOYED MOST EFFECTIVELY IN THE PUBLIC RIGHTS-OF-WAY; AND (b) ACCESS TO LOCAL GOVERNMENT STRUCTURES IS ESSENTIAL TO THE CONSTRUCTION AND MAINTENANCE OF WIRELESS SERVICE FACILITIES OR BROADBAND FACILITIES. SECTION 2. In Colorado Revised Statutes, 29-27-402, amend (1), (4), and (7); and add (1.5), (3.5), and (6.5) as follows: 29-27-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Broadband fkility" nicans any infiasttactute used to deliver broadband service OL fOL theprovision of broadband OCLViCC. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED TO PROVIDE WIRELESS SERVICE. (1.5) 'BROADBAND FACILITY" MEANS ANY INFRASTRUCTURE USED TO DELIVER BROADBAND SERVICE OR FOR THE PROVISION OF BROADBAND SERVICE. (3.5) "MICRO WIRELESS FACILITY" MEANS A SMALL WIRELESS FACILITY THAT IS NO LARGER IN DIMENSIONS THAN TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES IN HEIGHT AND THAT HAS AN EXTERIOR ANTENNA, IF ANY, THAT IS NO MORE THAN ELEVEN INCHES IN LENGTH. (4) (a) "Small cell facility" means either: (a) (1) A personal wireless service facility as defined by the federal "Telecommunications Act of 1996", as amended as of August 6, 2014; or (b) (II) A wireless service facility that meets both of the following qualifications: (f) (A) Each antenna is located inside an enclosure of no more than PAGE 2 -HOUSE BILL 17-1193 three cubic Fect in volume or, in Llze case o£ an antenna Cil ai has exposed elements, the antelzlza and a13 of its exposed elements could ft within an imaginary enclosure of no more than three and �B� Primary equipment enclosures are no larger than seventeen cubic £cet in volume_ The Following associated equipment may be 3ocated outside of the primary equipment enclosure and, i£ so located is not included in Ylze calculation of equipment volume= Electric meter eoncealmentYe ZecommtilzicaYions demarcation box, ground-based enclosures back-up power systems grounding equipment power transfer switch and cui-oFF switch_ �i�� "SMALL CELL FACILITY" II TCLUDES A NFICRO WISLBLESS FACILITY_ �6_5� "TOWER" MEANS ANY STRUCTURE BUILT FOR THE SOLE OR PRIMARY PURPOSE OF OR AUTHORIZED BY "�-W �' FEDEFie�t- COMIM�SLJNICATIONS COMNIISSION AND THE ANTENNAS' ASSOCIATED FACILITL£S� INCLUDING STRUCTURES THAT A R F CONSTRUCTED FOR WIRELESS COMMISNICATIONS SERVICES rNCLUDING PRIVATE, BROADCAST AND PUBLIC SAFETY SERVICES, UNLICENSED WIRELESS SERVICES FI��D \ll/IIZELESS SERVICES SUCH AS BACKHAUL AND THE ASS OCIATI=D SITE_ �7� "Wireless service Facility' means a Facility for the provision o£ wireless Services EXCEPT THAT ^WIRELESS SERVICE FACILITY" DOES NOT INCLUDE COAXIAL OR FSBER-OPTIC CABLE THAT IS NOT rn.rMFDLATELY ADJACENT TO, OR DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA_ SE CTION 3_ =n Colorado Revised Statutes, 29-2'7-403 amead �1� and �3� as fo Mows- 29-27-403_ Permit -approval - deadl4ne -exception_ �1� A local gover.-..-.went may take up Yo_ �a� 1�IINETY DAYS TO PROCESS A COMPLETE APPLICATION FOR: �� LOCATION OR COLLOCATION OF A SMALL CELL FACILITY OR A SMALL CELL NETWORIG� OR �ZZ� FZEPLACEMENT OR MODIFICATION OF A SMALL CELL FACILITY OR 0 7« o�c�J C�1i�oi c l r��_�6 Srj5j FACILITIES OR SMALL CELL NETWORK. (a) (b) Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure OTHER THAN A SMALL CELL FACILITY OR SMALL CELL NETWORK; or (b) (c) One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, OTHER THAN A SMALL CELL FACILITY OR SMALL CELL NETWORK AND other than a collocation. (3) An applicant and a local government ENTITY may mutually agree that an application may be processed in a longer period than set forth in subsection (1) of this section. SECTION 4. In Colorado Revised Statutes, 29-27-404, amend (1) and (2) introductory portion; and add (3) as follows: 29-27-404. Permit process. (1) (a) For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government ENTITY, the local government ENTITY shall allow the applicant, at the applicant's discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small cell facility. (b) FOR A CONSOLIDATED APPLICATION FILED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, EACH SMALL CELL FACILITY WITHIN THE CONSOLIDATED APPLICATION REMAINS SUBJECT TO REVIEW FOR COMPLIANCE WITH OBJECTIVE REQUIREMENTS AND APPROVAL AS PROVIDED IN THIS ARTICLE 27. THE LOCAL GOVERNMENT'S DENIAL OF ANY INDIVIDUAL SMALL CELL FACILITY IS NOT A BASIS TO DENY THE CONSOLIDATED APPLICATION AS A WHOLE OR ANY OTHER SMALL CELL FACILITY INCORPORATED WITHIN THE CONSOLIDATED APPLICATION. (2) If a wireless service provider applies to LOCATE OR collocate several wireless service facilities within the jurisdiction of a single local government ENTITY, the local government ENTITY shall: (3) THE SITING, MOUNTING, PLACEMENT, CONSTRUCTION, AND OPERATION OF A SMALL CELL FACILITY OR A SMALL CELL NETWORK IS A PAGE 4 -HOUSE BILL 17-1193 PERMITTED USE BY RIGHT IN ANY ZONE. SECTION 5. In Colorado Revised Statutes, amend 38-5.5-102 as follows: 38-5.5-102. Definitions. As used in this article ARTICLE 5.5, unless the context otherwise requires: (1) 'Broadband" or "broadband service" has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes "cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014. (i-2-) (2) 'Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service. " (3) 'Broadband provider" means a person that provides broadband service, and includes a'cable operator", as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014. (4) "COLLOCATION" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-27-402 (3). Fly (5) "Political subdivision" OR "LOCAL GOVERNMENT ENTITY" means a county; city and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi -municipal, or public corporation organized pursuant to law. (-2) (6) "Public highway" or "highway" for purposes of this article ARTICLE 5.5 includes all roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise. (7) "SMALL CELL FACILITY" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-27-402 (4). (8) "SMALL CELL NETWORK" HAS THE SAME MEANING ASSET FORTH IN SECTION 29-27402 (5). PAGE 5 -HOUSE BILL 17-1193 t3� �9� "Telcco+-*-. *��11r11caYlOIIS provider•• - means a person that provides Yelecommunications service, as de£ned in section 40-15-102 �29�� E�1t_, with tine exception o£cable services as deF ned by section 602 �S� of the Federal •'Cable Conzlizunications Policy Act of 1984"� 47 autlaoriEy granted by the public utilities com_rraission of Ylzis state or by the federal coT+-��-.-.uaications coranzission_ "Telecommunications provider" does not mean a person or business using antcanas� support towers equipment and buildings used Yo transmit high power over -Eine -air broadcast ofAM and FN1- radio VI -IF sad UHF Yclevision� and advanced television services, including high definition television_ The term "Eeleco�++-r•unicaEions provider" is synonymous with "teleco�*T+uaication provider"_ SECTION 6_ Ii1 Colorado Revised Statutes. am¢nd 38-5_5-103 as Follows: 38-5_5-103_ Us¢ oi'public highways -disc rizraia atioa protaibi-ted - couteut regulation prohibited_ �1� �a� Any domestic or foreign telecommunications provider or broadband provider autliolzzed to do business under Ylie laws oFthis state srrar'r i-r�..vc HAS the riglst Yo construct maiatain� and operate conduit cable switches, and related appurtenances and FaciIities� AND COMMiT1V-ICATIONS AND BROADBAND FACIL_ITIES� iNCLi.3D1NG Sl��le r.L CELL FACILITIES AND SMALL CELL NETV�FORKS� along. across upon ABOVE arced under any public highway is this state- subject to Ylzis �tiz-le ARTICLE S_S and of article 1 .5 �b� The coastrucYioa� trlaintenaace� operation and regulation of SQcir THE Fac11it1es DHSCRIBED IN SUBSECTION �l��a� OF TI-lIS SHCTION� including the right to occupy and utilize the public rights-oF way. by telecoizzrnunicatioas providers and broadband providers arc E�ba matters of statewide concern_ �uciz TfiE facilities shall be sv constructed and maintained SO as not to obstruct or hinder the usual travel oa saclz A highway_ �2� 3�Fv A political subdivision shall NOT discriminate among or graaE a preference Eo competing Yelecor.-.r.-.unications providers OR BROADBAND PROVInI=Rs is tl�e issuance of perra3iis or the passage of nay ordinance £or the use of its rights -o£ -ways nor cresta or erecE any »'-+reasonable requirements for entry Eo Ylze rights-oF--way for s-rzclx T'fiLs PAGE 6 -HOUSE BZZ_L 17-1193 providers. (3) No A political subdivision shall NOT regulate A telecommunications providers PROVIDER OR A BROADBAND PROVIDER based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) shali be comhued tO prevent StIch PREVENTS regulation by a political subdivision when the authority to so regulate has been granted to the political subdivision under federal law. SECTION 7. In Colorado Revised Statutes, amend 38-5.5-104 as follows: 38-5.5-104. Right-of-way across state land. Any domestic or foreign telecommunications provider OR BROADBAND PROVIDER authorized to do business under the laws of this state shall have HAS the right to construct, maintain, and operate lines of communication, switches, and related facilities, AND COMMUNICATIONS AND BROADBAND FACILITIES, INCLUDING SMALL CELL FACILITIES AND SMALL CELLNETWORKS, and obtain A permanent right-of-way therefor FOR THE FACILITIES over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of such just compensation and upon compliance with sach reasonable conditions as may be required—bp the state board of land commissioners MAY REQUIRE. SECTION 8. In Colorado Revised Statutes, add 38-5.5-104.5 as follows: 38-5.5-104.5. Use of local government entity structures. (1) EXCEPTAS PROVIDED IN SUBSECTION (2) OFTHIS SECTION AND SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE 5.5, SECTIONS 29-27-403 AND 29-27-404, AND A LOCAL GOVERNMENT ENTITY'S POLICE POWERS, A TELECOMMUNICATIONS PROVIDER ORA BROADBAND PROVIDER HAS THE RIGHT TO LOCATE OR COLLOCATE SMALL CELL FACILITIES OR SMALL CELL NETWORKS ON THE LIGHT POLES, LIGHT STANDARDS, TRAFFIC SIGNALS, OR UTILITY POLES IN THE RIGHTS-OF-WAY OWNED BY THE LOCAL GOVERNMENT ENTITY; EXCEPT THAT, A SMALL CELL FACILITY OR A SMALL CELL NETWORK SHALL NOT BE LOCATED OR MOUNTED ON ANY APPARATUS, POLE, OR SIGNAL WITH TOLLING COLLECTION OR ENFORCEMENTEQUIPMENT ATTACHED. PAGE 7 -HOUSE BILL 17-1193 (2) IF, AT ANY TIME, THE CONSTRUCTION, INSTALLATION, OPERATION, OR MAINTENANCE OF A SMALL CELL FACILITY ON A LOCAL GOVERNMENTENTITY'S LIGHTPOLE, LIGHT STANDARD, TRAFFIC SIGNAL, OR UTILITY POLE FAILS TO COMPLY WITH APPLICABLE LAW, THE LOCAL GOVERNMENT ENTITY, BY PROVIDING THE TELECOMMUNICATIONS PROVIDER OR THE BROADBAND PROVIDER NOTICE AND A REASONABLE OPPORTUNITY TO CURE THE NONCOMPLIANCE, MAY: (a) CAUSE THE ATTACHMENT ON THE AFFECTED STRUCTURE TO BE REMOVED; AND (b) PROHIBIT FUTURE, NONCOMPLIANT USE OF THE LIGHT POLE, LIGHT STANDARD, TRAFFIC SIGNAL, OR UTILITY POLE. (3) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND (3)(c) OF THIS SECTION, A LOCAL GOVERNMENT ENTITY SHALL NOT IMPOSE ANY FEE OR REQUIRE ANY APPLICATION OR PERMIT FOR THE INSTALLATION, PLACEMENT, OPERATION, MAINTENANCE, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT ARE SUSPENDED ON CABLE OPERATOR -OWNED CABLES OR LINES THAT ARE STRUNG BETWEEN EXISTING UTILITY POLES IN COMPLIANCE WITH NATIONAL SAFETY CODES. (b) A LOCAL GOVERNMENT ENTITY WITH A MUNICIPAL OR COUNTY CODE THAT REQUIRES AN APPLICATION OR PERMIT FOR THE INSTALLATION OF MICRO WIRELESS FACILITIES MAY, BUT IS NOT REQUIRED TO, CONTINUE THE APPLICATION ORPERMIT REQUIREMENT SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION. (c) A LOCAL GOVERNMENT ENTITY MAY REQUIRE A SINGLE -USE RIGHT-OF-WAY PERMIT IF THE INSTALLATION, PLACEMENT, OPERATION, MAINTENANCE, OR REPLACEMENT OF MICRO WIRELESS FACILITIES: (I) INVOLVES WORKING WITHIN A HIGHWAY TRAVEL LANE OR REQUIRES THE CLOSURE OF A HIGHWAY TRAVEL LANE; LINE; (II) DISTURBS THE PAVEMENTORA SHOULDER, ROADWAY, ORDITCH (III) INCLUDES PLACEMENTON LIMITEDACCESS RIGHTS-OF-WAY; OR PAGE 8 -HOUSE BILL 17-1193 SIV] REQUIIZ.ES ANY SPECIFIC PRECAUTIONS TO ENSURE THE SAFETY OF TI -IE TRA VELrNG PUBLIC TIS PROTECTION OP PEJSLIC rNFRASTRUCTLJRE� OR THE OPERATION OF PUBLIC ITiFRASTRUCTUIiE� AND SUCH ACTIVITIES ETHER WERE NOT AUTHORIZED IIVOR wILL BE CONDUCTED SN A TIME PLACE OR MANNER THAT IS INCONSISTENT WITH TFIE APPROVAL TERMS OF THE EXISTING PERMIT FdR THE FACILITY OR STRUCTURE UPON WHICH THE MICRO WLRELESS FACILITY IS ATTACHHD_ SECTION 9_ In Colorado Revised Statutes amend 38-5_5-I OS as follows= 38-5_5-105_ Power of companies to coniract_ Any domestic or foreign ieleco+-�+T+-�unications provider-=____ ____-_ OR BROADBAND PROVIDER HAS THE power to contract with any par�va-vr 1NDIVIDUAL� corporations OR the owner o£any Iands� ararly Franchise, easement or interest therein over or under which the provider's conduits, cabled switches, mrd COMMZJI�TICATIONS OR BROADBAND FACIL_ITIESrNCLUDiNG SMALL CELL FACILITIES AND SNIA i_L CHLL NT=TVA/ORKS� OR related appl.lrtenaa Ces and Facilities are proposed to be laid or created for the right -o f --way For the construction, maintenance, and operation oFsuclz THE Facilities - OR For the erection, maintenance, occupaYion� and operation of off ces at suitable distances for the public accommodation_ SE CT=ON 10_ Irl Colorado Revised Siatutes� amend 38-5_5-106 as Follows❑ - 38-5_5-106_ Consent necessary for use of streets_ �1] �a] 3�Tatlzirrg 12i Tris ARTICLE S_5 DOES NOT Bll iiloriZe airy tele CoT+'+TT+Llnicatlons provider OR BROADBAND PAO VIDER to ere Cts W1THI2�[ A POLITICAL SUBDIVISION any poles or ConStRlCt any COMMUNICATIONS OR BROADB ATTR FACIL.ITIES� INCLUDFNG SMALL CELL FACILITIES AND SMALL cELL NETWORKS, conduit cable switch, or related appurtenances and Facilities along tlzrough� in, upon under or over any public highway - - without first obtaining the consent o£ the authorities having power to give the consent o£ _�= TI-� political subdivision_ fib] A telecommuniCatlOns provider OR BROADBAND PROVLDER th 8t, on or before JULY 1 201 7, either has obtained consent o£ the political subdivision having power to give sa�Yr consent or is lawizally PAGE 9-I-IOUSE BiL.L I7 -I 193 occupying a public highway in a political subdivision shall NEED not be raluircd-to apply for additional or continued consent of such THE political subdivision under this section. (c) NOTWITHSTANDING ANYOTHERPROVISION OF LAW, APOLITICAL SUBDIVISION'S CONSENT GIVEN TO A TELECOMMUNICATIONS PROVIDER OR A BROADBAND PROVIDER TO ERECT OR CONSTRUCT ANY POLES, OR TO LOCATE OR COLLOCATE COMMUNICATIONS AND BROADBAND FACILITIES ON VERTICAL STRUCTURES IN A RIGHT-OF-WAY, DOES NOT EXTEND TO THE LOCATION OF NEW FACILITIES OR TO THE ERECTION OR CONSTRUCTION OF NEW POLES IN A RIGHT-OF-WAY NOT SPECIFICALLY REFERENCED IN THE GRANT OF CONSENT. (2) (a) THE consent OF A POLITICAL SUBDIVISION for the use of a public highway within a political subdiv ITS JURISDICTION shall be based upon a lawful exercise of the ITS police power of stich political subdivision and shall not be unreasonably withheld. nor (b) A POLITICAL SUBDIVISION shall NOT CREATE any preference or disadvantage be created through the granting or withholding of such ITS consent. A POLITICAL SUBDIVISION'S DECISION THAT A VERTICAL STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING A VERTICAL STRUCTURE OWNED BY A MUNICIPALITY, LACKS SPACE OR LOAD CAPACITY FOR COMMUNICATIONS OR BROADBAND FACILITIES, OR THAT THE NUMBER OF ADDITIONAL VERTICAL STRUCTURES IN THE RIGHTS-OF-WAY SHOULD BE REASONABLY LIMITED, CONSISTENT WITH PROTECTION OF PUBLIC HEALTH, SAFETY, AND WELFARE, DOES NOT CREATE A PREFERENCE FOR OR DISADVANTAGE ANY TELECOMMUNICATIONS PROVIDER OR BROADBAND PROVIDER, PROVIDED THAT SUCH DECISION DOES NOT HAVE THE EFFECT OF PROHIBITING A PROVIDER'S ABILITY TO PROVIDE SERVICE WITHIN THE SERVICE AREA OF THE PROPOSED FACILITY. SECTION 11. In Colorado Revised Statutes, 38-5.5-107, amend (7) as follows: 38-5.5-107. Permissible taxes, fees, and charges. (7) As used in this section, "public highway" or "highway" as otherwise defined in section 38-5.5-102 (2) (6) does not include excess and remainder rights-of-way under the department of transportation's jurisdiction. PAGE 10 -HOUSE BILL 17-1193 SECTION 12. In Colorado Revised Statutes, amend 38-5.5-108 as follows: 38-5.5-108. Pole attachment agreements - limitations on required payments. (1) NoNEITHERALOCAL GOVERNMENT ENTITY NOR A municipally owned utility shall request or receive from a telecommunications provider, BROADBAND PROVIDER, ora cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach SMALL CELL FACILITIES, BROADBAND DEVICES, OR telecommunications devices to poles OR STRUCTURES IN A RIGHT-OF-WAY, any payment in excess of the amount that would be authorized if the LOCAL GOVERNMENT ENTITY OR municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended. (2) No A municipality shall NOT request or receive from a telecommunications provider ORA BROADBAND PROVIDER, in exchange for or as a condition upon a grant of permission to attach telecommunications OR BROADBAND devices to poles, any in-kind payment. SECTION 13. Effective date - applicability. This act takes effect July 1, 2017, and applies to permit applications received on or after said date. SECTION 14. Safety clause. The general assembly hereby finds, PAGE 11 -HOUSE BILL 17-1193 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Crisanta Duran SPEAKER OF THE HOUSE OF REPRESENTATIVES Kevin J. Grantham PRESIDENT OF THESENATE ' 6 � �4:t Marilyn EddAs Effie Amee CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED 1 l C ) John W OF THE STATE PAGE 12 -HOUSE BILL 17-1193 City of "� Wheat�idge COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert CASE NO. & NAME: WS-16-02/Merkwood Estates DATE OF MEETING: June 1, 2017 ACTION REQUESTED: A request for approval of a seven -lot subdivision plat on property zoned Residential -One (R-1) LOCATION OF REQUEST: 11435 W. 32nd Avenue APPLICANT: Merkwood Homes APPROXIMATE AREA: 4.9 acres PRESENT ZONING: Residential -One (R-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Planning Commission 1 WS-16-02/Iv4erkwood Estates 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 7 -lot major subdivision on property zoned Residential -One to accommodate 7 new single family residential dwelling sites. The property is located at 11435 W. 32nd Avenue. Because this is a major subdivision, Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. A neighborhood meeting is not required for a subdivision application. II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The subject property is comprised of two parcels of land. One parcel fronts on West 32nd Avenue, has a single family home built in 1932 on it and is addressed as 11435 W. 32nd Avenue. It is just over an acre in size. The larger property is vacant, is 3.77 acres in size and is north of the other site. It has a narrow strip of land extending south to 32nd Avenue, which provides access to the property. This larger parcel was most recently used for agrarian activities and Lena Gulch and its floodplain encumber the northern 350'. (Exhibit 1, Aerial photo) The combined area of the two lots is 4.9 acres. Surrounding zoning and land use The development parcel is surrounded by properties that are zoned R-1. (Exhibit 2, Zoning map) Single family homes are immediately adjacent to the west, developed as the Applewood Brookside Subdivision platted in 1983 and the Freimuth Subdivision platted in 2011. Property to the east is the Applewood Baptist Church (ABC) parking lot and a regional drainage way that provides overflow for drainage coming from the southwest across 32nd Avenue. This drainage way is located on the ABC lot and is roughly 10' lower than the surface area of the ABC parking lot. The Quail Hollow Subdivision, platted in 2014, is located to the north of the ABC parking lot. The Lena Gulch drainage way and floodplain which abut the property to the north are also zoned R-1. (Exhibit 3, Site photos) III. SUBDIVISION PLAT Plat design The proposed plat document is comprised of two sheets. (Exhibit 4, Subdivision Plat) Sheet 1 is the declaration page and contains the legal description, required signature blocks for property owners, recording information and notes. The notes, among other things, contain the city's standard language regarding easements and detention pond maintenance. It also includes a note regarding maintenance of the common elements in the development. Sheet 2 contains the layout of the subdivision. The plat will subdivide the property into seven new lots to be developed with single family homes. All lots meet or exceed the R-1 minimum lot size of 12,500 s.f. and lot width of 100'. A street connection for West 33`d Avenue runs across the center of the subdivision and connects the Applewood Brookside and Quail Hollow Subdivisions on either side. A new street (Robb Street) Planning Commission WS-16-02/1\4erkwood Estates extends south from 33`d and dead ends north of 32nd Avenue. A turn -around feature for vehicles is provided between Lots 1 and 2. There is no vehicular connection from Robb to West 32nd Avenue, except for pedestrian and emergency access. Both Robb Street and 33`d Avenue will be full -width dedicated local streets with 39' and 53' of right-of-way width, respectively. Curb, gutter and attached sidewalk will be installed on both sides of 33`d Improvements to Robb Street will include curb and gutter and sidewalk on one side of the street with parking on one side. Lots 1 — 6 are located south of 33`d Avenue and gain access from Robb Street. Lot 7 is located north of 33`d Avenue, which will provide its access. The northern half of Lot 7 is encumbered with 100 -year flood plain and floodway which are depicted on Sheet 2. No construction can occur in these areas. There are several easements shown on the plat. Emergency vehicle easements are provided from 32nd Avenue and between Lots 1 and 2. Drainage and utility easements are provided along the east and west property lines for Lot 7. A sanitary sewer easement for an existing line is provided across the northern one-third of Lot 7. Tract A is designated as a stormwater detention and drainage easement. The HOA will be responsible for maintenance of the detention pond and water conveyance channels. Staff will require review and approval of the HOA covenants to ensure that adequate provisions for maintenance have been made. On-site drainage When vacant land is developed, historic drainage patterns must be preserved and the flow entering and released from the site must be maintained. The on-site drainage proposal has been analyzed by Public Works and sufficient measures are being taken to ensure that historic and developed flows are being adequately addressed. A drainage swale is provided along the easterly side of Lot 7 to allow stormwater to continue on historical patterns to Lena Gulch, and Tract A at the southerly portion of Lot 7 serves as a water quality pond for the development. There is also a minor tributary to Lena Gulch lying within the Applewood Baptist Church property and immediately adjacent to the subject property on the southeast. The minor tributary channel to Lena Gulch carries a substantial amount of off-site drainage flows generated by properties to the south and southeast and in its current configuration could potentially impact the subject property during larger storm events. As Robb Street is being proposed immediately adjacent to this channel, the developer's engineer was required to fully analyze and Public Works has verified that the flow from this channel is adequately addressed and appropriate modifications will be applied to protect the proposed roadway. The City is requiring the developer obtain from Applewood Baptist Church both a Temporary Construction Easement to perform the off-site channel work, and a Permanent Drainage Easement to the benefit of the City to ensure long-term functionality of the channel. Area traffic circulation When the Applewood Brookside plat, immediately west of the proposed development, was approved and developed circa 1983, Routt Street was extended north to serve the new homes and it was terminated with a cul-de-sac bulb. However, as part of the plat approval, right-of-way was clearly dedicated for West 33`d Avenue to the east so that upon new development to the east, 33`d Avenue could be extended. (Exhibit 5, Applewood Brookside plat) More recently, when the Quail Hollow Subdivision, immediately east of the proposed development, was platted and developed, 33`d Avenue was extended west from Quail Street and was terminated with an offset cul-de-sac bulb. (Exhibit 6, Quail Hollow Subdivision). However, the right-of-way was dedicated and the street improvements were constructed to facilitate the extension of 33`d Avenue to the west upon development to the west. With the extension of 33`d Avenue, the excess right-of-way for the offset cul-de-sac can be vacated to the adjacent properties to the north. Planning Commission 3 WS-16-02/1\4erkwood Estates Providing this connection of 33`d Avenue is critical to the development of this subdivision and in improving the connectivity for both residents and emergency vehicles. It has clearly been the City's intent since the early 1980s with both adjacent subdivisions to provide this street connection. The connection eliminates two cul-de-sacs that are over 600 feet long, improving the north/south and east/west options of both the proposed and both existing neighborhood. In addition, there would be safety and construction issues with trying to connect Robb Street to 32nd Avenue. Connecting Robb Street on the west side of the subdivision would place the street too close to Routt Street. This further increases the danger posed by the offset of the existing Routt Street intersections with 32nd Avenue. Connecting Robb Street on the east side of the subdivision creates a dangerous offset with the existing Robb Street intersection on the south side of 32nd Avenue. Further, the Subdivision Regulations discourage subdivision access to arterial and collector streets due to the high volume, higher speed traffic they carry. The south end of Robb Street is over 5 feet below 32nd Avenue, which would require substantial fill to bring Robb Street up to 32nd Avenue. In addition, the presence of the drainage conveyance on the east side of the property further complicates this connection. The City does think that a pedestrian connection is important from the subdivision to 32nd Avenue and that has been included using accessible ramps to overcome the over 5 -foot elevation difference. The Subdivision Regulations offer the following requirements regarding subdivision design and connectivity: • In all subdivisions, the vehicle access and circulation system shall accommodate the safe, efficient, and convenient movement of vehicles, bicycles, pedestrians and transit through the development as well as to and from adjacent properties and land uses. The proposed street layout shall provide for the continuation of existing, planned or platted streets in the surrounding area unless the city determines that such extension is undesirable for specific reasons of topography or design. • Proposed streets shall be extended to the boundary of a subdivision to provide for future connections to adjoining lands. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Planning Commission 4 WS-16-02/1\4erkwood Estates Consolidated Mutual Water District: Can serve the property with improvements installed at the developer's expense. Northwest Lakewood Sanitation District: Can serve the property subject to rules and regulations of the district. West Metro Fire Protection District: Has reviewed the plat. The internal street must be maintained as afire lane. Additional hydrants will be required. Wheat Ridge Parks and Recreation Department: Will require fees in lieu of land dedication. Wheat Ridge Police: No concerns. Wheat Ridge Public Works: Has reviewed the plat and a drainage plan and report. Both the plat and drainage report are in the process of being approved. Xcel Energy: Can serve. V. STAFF CONCLUSION AND RECOMMENDATION Staff concludes that the proposed subdivision plat provides a logical street system that is consistent with goals and requirements of the Subdivision Regulations. Staff further concludes that the plat is consistent with the City's R-1 zone district minimums and that all requirements of the subdivision regulations have been met. Because agencies can provide service to the property with improvements installed at the developer's expense, a recommendation of Approval is given for Case No. WS- 16-02 with conditions itemized in Option A of the recommended motions. VI. RECOMMENDED MOTIONS OPTION A: "I move to recommend APPROVAL of Case No. WS -16-02, a request for approval of a seven -lot major subdivision plat for property located at 12435 W. 32°d Avenue, for the following reasons: 1. The proposed lots meet or exceed the R-1 zone district regulations. 2. All requirements of the subdivision regulations have been met. 3. The proposed street system and drainage design provide a logical development pattern for the new parcels. 4. Utility districts can serve the property with improvements installed at the developer's expense With the following conditions: 1. A Subdivision Improvement Agreement be executed whereby all public improvements are in place prior to issuance of building permits for individual lots. 2. The developer pay parks fees at the time of plat recording in the amount of $14,983.74. 3. The Homeowners' Association covenants be reviewed and approved by Staff. 4. The applicant continue working with Public Works with minor corrections to the plat and civil documents." Planning Commission WS-16-02/1\4erkwood Estates OPTION B: "I move to recommend DENIAL of Case No. WS -16-2, a request for approval of a seven -lot major subdivision plat for property located at 12435 W. 32nd Avenue, for the following reasons: 2. 3." Planning Commission WS-16-02/1\4erkwood Estates EXHIBIT 1: AERIAL PHOTO Planning Commission '7 WS-16-02/1\4erkwood Estates Z14dge Geographic Information Systems Legend OSubject Property �..�.q Wheat Ridge City Limits City of Lakewood Displayed Zone Districts Residential -One (R-1) Resitlential-One A (R -1A) EXHIBIT 2: ZONING MAP r, LAKEWOOD LQ_fl n.wmaAen, n Site Planning Commission g WS-16-02/1\4erkwood Estates EXHIBIT 3: Site Photos Planning Commission WS-16-02/1\4erkwood Estates View looking north from 32nd of front of property and drainage overflow area View looking north from 32nd of front of property and existing house View of entrance to Applewood Brookside Subdivision compliments of Google Earth Planning Commission WS-16-02/1v4erkwood Estates View looking east from Routt Street cul-de-sac bulb with Quail Hollow Subdivision homes in background 10 Planning Commission WS-16-02/1\4erkwood Estates View of property looking southwest from the 33`d Avenue cul-de-sac bulb View of property looking west from 33`d Avenue cul- de-sac bulb with Applewood Brookside homes in the background 11 Planning Commission WS-16-02/1\4erkwood Estates View looking northwest from 33`d Avenue cul- de-sac bulb 12 EXHIBIT 4 - PROPOSED PLAT Planning Commission 13 WS-16-02/1\4erkwood Estates OWNER'S CERTIFICATE: I, STEVEN J. MERKER V, BEING THE OWNER(S) OF REAL PROPERTY CONTAINING 4.9003 ACRES DESCRIBED AS FOLLOWS: THE EAST 1/2 OF TRACT 23, EXCEPT THE EAST 18.9 FEET THEREOF, ALL IN BROOKSIDE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, AND, PARCEL 23, CITY OF WHEAT RIDGE ORDINANCE NO. 940 AS RECORDED AT RECEPTION NO. 93155172 IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTION CORNERS: - CENTER QUARTER CORNER SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEING A FOUND 3.25" BRASS CAP (L.S. 24692), COWR POINT NUMBER 16309. - WEST QUARTER CORNER SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEING A FOUND 3.25" BRASS CAP (L.S. 13212), COWR POINT NUMBER 16209. COMMENCING AT SAID CENTER QUARTER CORNER; THENCE N89047'30"W A DISTANCE OF 1967.87 FEET TO THE POINT OF BEGINNING, BEING A FOUND NO. 5 REBAR WITH YELLOW PLASTIC CAP (L.S. 34594) AT THE SOUTHEAST CORNER OF THE PROPERTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL 23; THENCE S00033'56"E A DISTANCE OF 8.00 FEET ALONG THE EAST LINE OF SAID PARCEL 23; THENCE S89020'04"W A DISTANCE OF 19.01 FEET ALONG THE SOUTH LINE OF SAID PARCEL 23; THENCE N00033'56"W A DISTANCE OF 8.00 FEET ALONG THE WEST LINE OF SAID PARCEL 23; THENCE, S89020'04"W A DISTANCE OF 145.46 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE, TO A POINT BEING A SET NO. 5 REBAR WITH ORANGE PLASTIC CAP (L.S. 37969); THENCE, N00034'04"W A DISTANCE OF 1296.58 FEET TO A POINT BEING A FOUND Y4 INCH PIPE; THENCE, N89014'32"E A DISTANCE OF 164.52 FEET TO A POINT BEING A FOUND NO. 5 REBAR WITH YELLOW PLASTIC CAP (L.S. 34594); THENCE, S00033'56"E A DISTANCE OF 1296.85 FEET, MORE OR LESS, ALONG THE EASTERLY PROPERTY LINE TO THE POINT OF BEGINNING; CONTAINING 213,456 SQUARE FEET (4.9003 ACRES) MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF MERKWOOD ESTATES, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. OWNER 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 GENERAL NOTES: 1. FIELD WORK PERFORMED IN JULY 2015 BY BARRON LAND LLC AND SUPPLEMENTED IN APRIL 2016 BY ALTITUDE LAND CONSULTANTS. 2. LAND TITLE GUARANTEE COMPANY ORDER NUMBER K70435327-9 DATED MARCH 28, 2016 WAS RELIED UPON IN PREPARATION OF THIS SURVEY. 3. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., MONUMENTED AS SHOWN, AND IS ASSUMED TO BEAR N890 19'53" E. 4. ALL PROPERTY CORNERS WERE FOUND OR SET AS SHOWN ON THIS SURVEY. 5. 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. 6. BENCHMARK STATEMENT: ELEVATIONS ARE BASED ON THE CITY OF WHEAT RIDGE BENCHMARK PHAC-2. ELEVATION = 5451.56 (NAVD88). 7. REFER TO GRAPHIC ON SHEET TWO FOR FLOODPLAIN DESIGNATIONS. MERKWOOD ESTATES A REPEAT OF A PORTION OF BROOKSIDE SUBDIVISION BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO L�j REVISIONS N O . UJI DATE 1 MGS SITE NPG��G Q W. 35TH AVE. 3 GHP 3/17/17 N cn 4/28/18 O Uj D 33�Oe� ya pm D --i c r cn 7A O D 0 r cn W. 33RD AVE. Z O2 pp cn w m m o z cn cn z w W 32ND PL. co cn cn U) CITY OF WHEAT RIDGE m m CITY OF LAKEWOOD W. 32ND AVE. W. 32ND AVE. �Q� W 311 PL. �p W 31 TH PL. a c,�P Qom' W 29TH PL. v p > �O� Qom, D cn CITY OF WHEAT RIDGE COORDINATE SYSTEM: VICINITY MAP " N.T.S. w�e s 1. THE CITY OF WHEAT RIDGE COORDINATE SYSTEM USED HEREIN IS A GROUND-BASED MODIFIED FORM OF THE NAD92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. 2. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL # 1) HAVING THE FOLLOWING NAD92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75 EASTING: 31 18217.58 ELEVATION: 5471.62 FT. EMERGENCY VEHICLE ACCESS EASEMENT LANGUAGE: THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'EMERGENCY VEHICLE ACCESS/INGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, GUESTS OF THE OWNERS, AND EMERGENCY VEHICLES, 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. STORMWATER DETENTION AND DRAINAGE EASEMENT: THE STORM DETENTION AREA HERE SHOWN AS TRACT "A" STORMWATER DETENTION AND DRAINAGE EASEMENT SHALL BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIRS, SUCCESSORS AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY OF WHEAT RIDGE SHALL HAVE THE RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE WILL BE CONSTRUCTED IN THE DETENTION AREA AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF THE DETENTION AREA WILL BE MADE WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. PREVIOUSLY VACATED PARCEL #23: THE AREA DEPICTED ON SHEET 2 AS "PARCEL #23" IS AN AREA OF RIGHT-OF-WAY PREVIOUSLY VACATED BY CITY OF WHEAT RIDGE ORDINANCE NO. 940 (PARCEL #23), RECORDED AT RECEPTION NO. 93155172. THE AREA OF "PARCEL #23" IS HEREBY DEDICATED AS PUBLIC RIGHT-OF-WAY BY THIS PLAT. T13A�T D THE AREA DEPICTED ON SHEET 2 AS "TRACT B" IS A NON-BUILDAVLE TRACT FULLY ENCUMBERED BY A PEDESTRIAN ACCESS AND SIDEWALK EASEMENT THAT ALLOWS FOR CONSTRUCTION AND MAINTENANCE OF A SIDEWALK BY THE CITY OF WHEAT RIDGE AND FREE MOVEMENT BY PEDESTRIANS OVER THE ENTIRETY OF TRACT B. FLOODWAY DRAINAGE EASEMENT: THE AREA OF THE MERKWOOD ESTATES SUBDIVISION LYING WITHIN THE BOUNDS OF THE FEMA FLOODWAY SHALL BE FULLY ENCUMBERED BY A "FLOODWAY DRAINAGE EASEMENT" HEREBY GRANTED TO THE CITY OF WHEAT RIDGE. NO CONSTRUCTION, LANDSCAPING, OR OTHER ALTERATIONS SHALL BE MADE TO THE FLOODWAY DRAINAGE EASEMENT AREA WITHOUT WRITTEN APPROVAL OF THE WHEAT RIDGE DIRECTOR OF PUBLIC WORKS. STATEMENT OF ACCURACY: THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD83 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) . STANDARD EASEMENT LANGUAGE: TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. FIVE-FOOT (5) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, 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. INGRESS AND EGRESS EASEMENT LANGUAGE: THE OWNER, HIS SUCESSORS AND ASSIGNS GRANTS LIMITED RIGHTS AND PRIVELAGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS "INGRESS AND EGRESS EASEMENT", 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 SPREETS. COUNTY CLERK AND RECORDERS CERTIFICATE: STATE OF COLORADO ) SS COUNTY OF JEFFERSON 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. JEFFERSON COUNTY CLERK AND RECORDER DEPUTY SURVEYOR'S CERTIFICATE: I, KARL W. FRANKLIN, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF MERKWOOD ESTATES 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. SURVEYOR'S SEAL SIGNATURE PLANNING COMMISSION CERTIFICATION: RECOMMENDED FOR APPROVAL THIS DAY OF , BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS DAY OF BY THE WHEAT RIDGE CITY COUNCIL. ATTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS ZONING: MAYOR THE SUBJECT PROPERTY AND SURROUNDING PROPERTIES ARE CURRENTLY ZONED R1 - RESIDENTIAL 1 PER CITY OF WHEAT RIDGE ZONING MAP. SURVEYOR/ENGINEER LTITUDE LAND CONSULTANTS CIVIL I SURVEY I PLANNING I LANDSCAPE 3461 Ringsby Ct, Suite 125 Denver, CO 80216 info@altitudelandco.com Altitude LandCo.com U) REVISIONS N O . UJI DATE 1 MGS 10/17/16 2 Q 1/19/17 3 GHP 3/17/17 N cn 4/28/18 O Uj (D C) U)0 J �W O 3: Z O2 pp �e w D m o z w Uj co w U) U CASE HISTORY: WS - 16- 02 SUBDIVISION PLAT 09/26/16 SHEET 1 OF 2 REVISIONS N O . BY DATE 1 MGS 10/17/16 2 GHP 1/19/17 3 GHP 3/17/17 4 GHP 4/28/18 SHEET 1 OF 2 TRACT A NOTES: 1. TRACT A IS FULLY ENCUMBERED BY A STORMWATER DETENTION DRAINAGE EASEMENT TO THE BENEFIT OF THE CITY OF WHEAT RIDGE (REFER TO NOTE FOUND ON SHEET 1). 2. THE REQUIRED DETENTION/WATER QUALITY POND SHALL BE CONSTRUCTED AS FOLLOWS: a. A MINIMUM OF 20' SOUTH OF THE FEMA FLOODWAY. b. A MINIMUM OF 5AWAY FROM ANY PROPERTY LINE OR UTILITY EASEMENT BANZHAF SUBDIVISION (BOOK 50, PAGE 17) (ZONED R-1) CITY DATUM COORDINATES 68.49' N: 704384.1160 E: 105903.5222 0 IW T cn N coo I N z 10.0' FLOODWAY DRAINAGE EASEMENT HEREBY GRANTED BY THIS PLAT I A PORTION OF TRACT 10 BROOKSIDE SUBDIVISION (BOOK 2, PAGE 28) (ZONED R-1) L 41.24' CIN DATUM COORDINATES N: 704381.9401 E: 105739.0150 W z h 3 TRACT A (ZONED R-1) 10' DRAINAGE & UTILITY EASEMENT HEREBY GRANTED BY THIS PLAT (TYP.) MERKWOOD ESTATES A REPEAT OF A PORTION OF BROOKSIDE SUBDIVISION BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO TRACT B `� I (ZONED R-1) LOCATED 0.02' WEST � OF SUBDIVISION BOUNDARY � \ ............... ...........: .....t Tom..:.:.:. -o f N N73° 50' 5311W. .............�....: 3.80' S780 38'43"W ... . I • • • 41.49 ' • • • 26' DRAINAGE & UTILITY N830 48'41"W ............. EASEMENT HEREBY GRANTED I..... 73.981 .'.'.'.'.'.'.'.'.'.'.'.'.'.'!.'...'.'.. BY THIS PLAT (TYP.) S870 39' 08"E I 83.80' ........:. :.:.:.:.:.:.:.:.:.:.:.:.:.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.:.:I .:.:.'. APPROXIMATE FEMA FLOODWAY BOUNDARY ... I ......•••••• ••••• 16, SANITARY EASEMENT .. (BOOK 939, PAGE 406) N780 31' 34"W : :::::::::::::� 74.42' " " " " " " " " 10' DRAINAGE & UTILITY ... S840 27'21"E.-.-.- I EASEMENT HEREBY GRANTED 11 50"W .:...:...:. 40.29' ... BY THIS PLAT 14.70' 0 ........� ..� .... -- - 144.52' • • • LOT 1 (ZONED R-1) SOUTHWEST CORNER OF LOT 7 NORTHWEST CORNER OF LOT 6 MONUMENT CLARIFICATION MONUMENT CLARIFICATION 0 orf LLi co co Q � w ti M M Z \\ � w a 0.22' � � 2.21' LU 'rE0.32' z Q � � m O w 0--:) cn CN0 I LOtf U M ZM 0 0 11-_z J I 11- -LU N 89°26' 04" E cn W W Q 12.04 S00033'56"E I O z 0 orf LLi co co Q O L1 J \\ 0.80' 0.22' S89026'04"W � 0 w LU 00 I � z Q � � m O w 0--:) cn M J J cn m LOtf U M Q CITY OF WHEAT RIDGE COORDINATE SYSTEM: QUAIL HOLLOW SUBDIVISION (REC. No. 2014095809) LOT 11 (ZONED R-1) S00° 33'56"E 1296.85' 456.75' _ LOT 10 (ZONED R-1) S00° 33'56"E- 39.09' 3'56"E - 39.09' L=15.69' R=10.00' A=0890 54'00" CHB=N45° 36'56"W CHL=14.13' 10' DRAINAGE &UTILITY uJ\ BY THIS PLAT S00° 33' 56"E 574.79' S4 L1 AREA HEREBY TRACT A I EASEMENT HEREBY GRANTED STORMWATER DETENTION AND M N1 84.79' 15.21' DEDICATED AS 100.00' 100.00' 100.00 C2 Cl BY THIS PLAT (TYP.) `Z - a 90.00' 100.00' 5 0, S1 L4 PUBLIC RIGHT-OF-WAY DRAINAGE EASEMENT HEREBY CO I D 10' DRAINAGE &UTILITY I 1 S3 BY THIS PLAT LU F F 5 SIDE LOT LINE DRAINAGE & 5 0 o GRANTED BY THIS PLAT p Q = H W EASEMENT HEREBY GRANTED UTILITY EASEMENT HEREBY EMERGENCY VEHICLE I (REFER TO PARCEL 2 5,414 SF (0.1243 ACRES) ± `c'• m I - 1 BY THIS PLAT (TYP.) I I ( ) I I ACCESS EASEMENT #23 ON SHEET 1 I ? m I I C GRANTED BY THIS PLAT TYP. S2 L3 LOT 7 20,0o' cod O p o I W W HEREBY GRANTED ) M LU W o - LOT 3 - I LOT 2 W I BY THIS PLAT 100,483 SF (2.3068 ACRES) ± M W LOT 6 I LOT 5 N L6 LOT 4 I o ¢_ \ ° o 12,549 SF (0.2881 ACRES) ± ° 12,549 SF (0.2881 ACRES) ± 0 0 12,548 SF (0.2881 ACRES) ± o bo 12,548 SF (0.2881 ACRES) ± (SEE DATA TABLE) o U \ I 12,528 SF (0.2876 ACRES) ± o � - 20' INGRESS AND EGRESS EASEMENT HEREBY 20.00' o n p o rn o o N Ui N o m GRANTED BY THIS PLAT ao o LU o N N N BLOCK 5 z 04 BLOCK 504 N N LOT 1 oo ° I m N \ EXISTING LOT LINE m I 12,547 SF (0.2880 ACRES) _ I N00 33'56"W It -I ° I oo I LOT 55 I 00 I LOT 61 00 N , APPROXIMATE FEMA W a' 00 z HEREBY REMOVED z z z rn 8.00 100 -YEAR FLOODPLAIN qt r N \ z 10' DRAINAGE & UTILITY BROOKSIDE SUB. BY THIS PLAT BROOKSIDE SUB. LOT LINES HEREBY I o I00 o N N EASEMENT HEREBY GRANTED I I ZONED R-1 I I I ZONED R-1 I CREATED BY N BY THIS PLAT (TYP.) ITHIS PLAT (TYP.) I 10.0 rn L _J L � L � LL I- z 53.00' 100.00' 100.00 100.00' 100.00' 100.00 100.00 30 0' 40 0' 416.73 0 0 LOCATED 0.86' WEST OF SUBDIVISION BOUNDARY FREIMUTH SUBDIVISION SECOND FILING (REC. No. 2011116757) 1. THE CITY OF WHEAT RIDGE COORDINATE SYSTEM USED HEREIN IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. 2.VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL # 1) HAVING THE FOLLOWING NAD92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75 EASTING: 31 18217.58 ELEVATION: 5471.62. "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." N00° 34'04"W 1296.58' 39.09' 2.00' w EC � p I � Nw Ui LOT 2 a w LOT 5 LOT 4 LOT 3 LOT 2 (ZONED R-1) I opc d 0 c~n (ZONED R-1) (ZONED R-1) (ZONED R-1) (ZONED R-1) cc CDz0 � � cjU BLOCK 1 w w p APPLEWOOD BROOKSIDE z SUBDIVISION (REC. No. 83117122) ROUTT STREET EMERGENCY VEHICLE ACCESS EASEMENT DATA TABLE: LINE TABLE LINE # LENGTH (FT) CENTER 1/4 CORNER SECTION 28, T3S, R69W L1 12.04 FOUND 3.25" BRASS CAP - COWR POINT NO. 16309 22.00 S89026'04"W L3 CITY DATUM N: 703080.1713 E: 107884.1787 N 00°50' 15"W L4 LAT. 39.76196540 LONG. -105.11904050 EL. 5461.94 FT N89020'04"E S1 32.55 POINT OF COMMENCEMENT I I 10.06 N00°17'49"W I I W I N 89°26' 04" E S4 12.04 S00033'56"E I O z z rn cn w W O � -> LOT Q� Vow mo APPLEWOODIBAPTIST z ►� o� o I� CHURCH SUBDIVISION LLJ U � O w a� POINT OF BEGINNING I c„ z ¢ LU LU U) (REC. No. 2006142621) TRACT B PEDESTRIAN ACCESS CITY DATUM COORDINATES I (ZONED R-1) AND SIDEWALK EASEMENT N: 703087.3313 I o I LOCATED 0.04' WEST HEREBY GRANTED BY THIS PLAT o E: 105916.3209 I 0 0 OF SUBDIVISION BOUNDARY EXISTING LOT LINE HEREBY 593 SF (0.0136 ACRES) ± v I REMOVED BY THIS PLAT 15.21' 8 00' I 00 I S890 20'04"W 637.79'N890 I 20' 04"E 19.01' ROBB STREET 39.00' R.O.W. HEREBY DEDICATED 39.00' ,0 19.01' I , 10' DRAINAGE &UTILITY uJ\ BY THIS PLAT S00° 33' 56"E 574.79' S4 L1 AREA HEREBY TRACT A I EASEMENT HEREBY GRANTED STORMWATER DETENTION AND M N1 84.79' 15.21' DEDICATED AS 100.00' 100.00' 100.00 C2 Cl BY THIS PLAT (TYP.) `Z - a 90.00' 100.00' 5 0, S1 L4 PUBLIC RIGHT-OF-WAY DRAINAGE EASEMENT HEREBY CO I D 10' DRAINAGE &UTILITY I 1 S3 BY THIS PLAT LU F F 5 SIDE LOT LINE DRAINAGE & 5 0 o GRANTED BY THIS PLAT p Q = H W EASEMENT HEREBY GRANTED UTILITY EASEMENT HEREBY EMERGENCY VEHICLE I (REFER TO PARCEL 2 5,414 SF (0.1243 ACRES) ± `c'• m I - 1 BY THIS PLAT (TYP.) I I ( ) I I ACCESS EASEMENT #23 ON SHEET 1 I ? m I I C GRANTED BY THIS PLAT TYP. S2 L3 LOT 7 20,0o' cod O p o I W W HEREBY GRANTED ) M LU W o - LOT 3 - I LOT 2 W I BY THIS PLAT 100,483 SF (2.3068 ACRES) ± M W LOT 6 I LOT 5 N L6 LOT 4 I o ¢_ \ ° o 12,549 SF (0.2881 ACRES) ± ° 12,549 SF (0.2881 ACRES) ± 0 0 12,548 SF (0.2881 ACRES) ± o bo 12,548 SF (0.2881 ACRES) ± (SEE DATA TABLE) o U \ I 12,528 SF (0.2876 ACRES) ± o � - 20' INGRESS AND EGRESS EASEMENT HEREBY 20.00' o n p o rn o o N Ui N o m GRANTED BY THIS PLAT ao o LU o N N N BLOCK 5 z 04 BLOCK 504 N N LOT 1 oo ° I m N \ EXISTING LOT LINE m I 12,547 SF (0.2880 ACRES) _ I N00 33'56"W It -I ° I oo I LOT 55 I 00 I LOT 61 00 N , APPROXIMATE FEMA W a' 00 z HEREBY REMOVED z z z rn 8.00 100 -YEAR FLOODPLAIN qt r N \ z 10' DRAINAGE & UTILITY BROOKSIDE SUB. BY THIS PLAT BROOKSIDE SUB. LOT LINES HEREBY I o I00 o N N EASEMENT HEREBY GRANTED I I ZONED R-1 I I I ZONED R-1 I CREATED BY N BY THIS PLAT (TYP.) ITHIS PLAT (TYP.) I 10.0 rn L _J L � L � LL I- z 53.00' 100.00' 100.00 100.00' 100.00' 100.00 100.00 30 0' 40 0' 416.73 0 0 LOCATED 0.86' WEST OF SUBDIVISION BOUNDARY FREIMUTH SUBDIVISION SECOND FILING (REC. No. 2011116757) 1. THE CITY OF WHEAT RIDGE COORDINATE SYSTEM USED HEREIN IS A GROUND-BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. 2.VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL # 1) HAVING THE FOLLOWING NAD92 STATE PLANE COORDINATES: PHAC 1: NORTHING: 1701258.75 EASTING: 31 18217.58 ELEVATION: 5471.62. "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." N00° 34'04"W 1296.58' 39.09' 2.00' w EC � p I � Nw Ui LOT 2 a w LOT 5 LOT 4 LOT 3 LOT 2 (ZONED R-1) I opc d 0 c~n (ZONED R-1) (ZONED R-1) (ZONED R-1) (ZONED R-1) cc CDz0 � � cjU BLOCK 1 w w p APPLEWOOD BROOKSIDE z SUBDIVISION (REC. No. 83117122) ROUTT STREET EMERGENCY VEHICLE ACCESS EASEMENT DATA TABLE: LINE TABLE LINE # LENGTH (FT) BEARING L1 12.04 500°33'56"E L2 22.00 S89026'04"W L3 9.94 N 00°50' 15"W L4 32.55 N89020'04"E S1 32.55 S89020'04"W S2 10.06 N00°17'49"W S3 22.00 N 89°26' 04" E S4 12.04 S00033'56"E Z u 4n 0' 50' 100' 150' SCALE 1 "=50' CURVE TABLE CURVE # LENGTH (FT) RADI US DELTA CHORD BEARING CHORD LENGTH C1 10.76 28.00 022001'30" N 79°33' 11"W 10.70 C2 10.76 1 28.00 1022001'30" 1 N 78°25' 18" E 10.70 LINEWORK LEGEND: EXISTING SECTION LINE EXISTING R.O.W. LINE SUBDIVISION BOUNDARY EXISTING LOT LINE EXISTING EASEMENT PROPOSED EASEMENT PROPOSED LOT LINE PROPOSED EMERGENCY VEHICLE ACCESS EASEMENT PROPOSED INGRESS AND EGRESS EASEMENT PROPOSED R.O.W. PROPOSED TRACT B -PEDESTRIAN ACCESS AND SIDEWALK EASEMENT ............................. PROPOSED FLOODWAY DRAINAGE EASEMENT 10' DRAINAGE & UTILITY WEST ' I w EASEMENT HEREBY GRANTED DATE 1 BY THIS PLAT (TYP.) I ILU 10/17/16 2 CITY DATUM COORDINATES 1/19/17 z d N: 703085.4213 I I co N M E: 105751.8606 LU o '` I Uj IUjW (n� LOT 1 m U) (ZONED R-1) I O z O cn w W zoo O7 -> I Q� mo m cn z I� w LLJ 00 U) U3 cp z� U old 00 cn I I WEST 1/4 CORNER SECTION 28, T3S, R69W FOUND 3.25" BRASS CAP - COWR POINT NO. 16209 CITY DATUM N: 703049.5562 E: 105260.7177 LAT. 39.76191120 LONG. -105.12837020 EL. 5454.70 FT MONUMENT LEGEND: FOUND 3.25" BRASS CAP SECTION CORNER (AS DESCRIBED) SET NO. 5 REBAR WITH ORANGE PLASTIC CAP (L.S. 37969) FOUND NO. 4 REBAR WITH YELLOW PLASTIC CAP (L.S. 17669) • FOUND 3/4' PIPE FOUND NO. 5 REBAR WITH YELLOW PLASTIC CAP (L.S. 34594) OFOUND NO. 3 REBAR OQ FOUND NO. 4 REBAR WITH RED PLASTIC CAP (L.S. 20136) OFOUND NO. 4 REBAR WITH RED PLASTIC CAP (L.S. 29043) ❑ FOUND NO. 5 REBAR WITH YELLOW PLASTIC CAP (L.S. 38183) SURVEYOR/ENGINEER LTITUDE LAND CONSULTANTS CIVIL I SURVEY I PLANNING I LANDSCAPE 3461 Ringsby Ct, Suite 125 Denver, CO 80216 info@altitudelandco.com Altitude LandCo.com CASE HISTORY: WS - 16- 02 SUBDIVISION PLAT 09/26/16 REVISIONS NO. UJI DATE 1 MGS 10/17/16 2 Q 1/19/17 3 GHP 3/17/17 N co O Uj � C) U) 0J � O W zoo O7 -> mo z w LLJ 00 U) U) U CASE HISTORY: WS - 16- 02 SUBDIVISION PLAT 09/26/16 SHEET 2 OF 2 REVISIONS NO. BY DATE 1 MGS 10/17/16 2 GHP 1/19/17 3 GHP 3/17/17 SHEET 2 OF 2 EXHIBIT 5 - APPLEWOOD BROOKSIDE SUBDIVISION PLAT Planning Commission 15 WS-16-02/1\4erkwood Estates K 0 US ' 0, N 0 I AL Zj •► A FINAL PLAT OF. APPLEWOOD BROOKSIDE SUBDIVISION A PART OF TRACT 23, BROOKSIDE SUBDIVISION, 81 REPLAT OF BROOKSIDE 4 MINOR SUBDIVISION, .AND THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P"M.1 CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO EXHIBIT 5 W Wh A i? -PROPOSED to 7s 1 _ a0 IS BROOItWOpO� �-- ZYMMIN S18DIVISION 7__7 . ••• SCALE 1"a 50' • .CEI. SEC. ✓+ T35, _R69W anbui f e•o- W s VICINITY MAP 1 BROOKSIDE SUBDIVISION a� W-TOL€� 1 R-1 NW LANEWCOD SANITATION DIST- EASEMENT ` JEFFERSON COUNTY RECORDS, BOOK 939, PAGE 404. NO.26'00"W 398.1 1 ARCHER INVESTORS, being the ouoar of the real property of 7.32 edea dcacribed as follova: Part of Treat 23, Brookside Subdivleloa, end • -.Plat of Br-okeide 4 Minor subdivision asapproved by the City of Wheat Ridge,.but never recorded with the County of Jefferson, being in the Northueat 1/4 of Section 28, TOwahlp 3 South, Range 69 West Of the 6th Principal Naridian, County of d.ff.raon. Stat. of Cnloredo, being mareparticularly described -a follwa: Commencing t the West 1/4 comer of sold Sectio¢ 24, thence N 89 35'15' E, along the South line of the NW d/4 of amid Section 28, 196,77 foot; thane N 0-23t268 N, 30.00 feet, to a point on the Nordrh right-of-vay lin& of West 32nd Aa nue, ..id point being the Point oI 8eainglnj; thence N 0 23.28' w, 265.OD Feet; thenen S 89 95'.5" W, 63.19 fat, to A point an the Rant line o= Valley Brook Subdivfaio.; thence N 0 26'00" W, Along said aubdiivi.ion 365,80 feet; thence N 89835'15" E, along said eubdivl.lgn. 194.35 feet, thence N D 26'00%W, eloog said aubdivipi-, 398,15 feet, to the HE comer of Valley Brook Subdivision; thence N D'13'47" V, 222.38 feet, to the Northwest career of said Tract 23, t1 ­N 84 32'12" E, along the North line of said Tract 23, 164.47 feet; chants S 0 2e•OB"-E, 1271.4B fp,to a point on the North rigbc fway line of Want 32nd Avenue; thence S 890351151, N Along said right-ef-way, 295.19 feet, to the Polar of Regin.ing. Said parcel containing 7,32 acres sora or lea.. andhoe :aid out, subdivided and platted said land am per the droving hernon contained under the naea end .tyle of AMeWpOD BROOKSIDE SUBDIVISION, a 'subdivision of a pact of the City of Wheat Ridge, Colorado, and by these prn.attte dna" dedicate co the City of Wheat Ridge sed she pubiie the street. roads; and &venae and drives as .bow on the accompanying plat for the public use forever And dose texcher dedice e to the use of the City aF Wneat Ridge and all municipally -ad. end/or munlelpally franch'"d uMlitl.. and ae[vicea those pertione of said real property Which era an de.ignetad As aumaate and rights-of-way for the construction, in.tallation, Operation, naiacensuce, Tapafr and replacement for all aecviene, including without limiting the Eeae-.lity of the foregoing, talephoda and electric :lase, cork,, poles end underground cable., gee pipelines, water ....Uri., emlcary sewer linea, serest lights, culvert., hydc..to, drainage ddtelNa and dein. end all appurtem uce. thereto, it being e-pr...ly understood and aBroad by the undersigned that all expea.es And sesta involved in < nstructing nod imtalling .&suety -ewer .yat- works and linea, gas eervic. Lines, electric.l aArvice work- and lions, -Corm &ewer& and drain&, atrniot lighting, grading and landscaping, curbs, gutters, street pavement, sidewalks end ether eueh utilities And aurvicea shall be guar LcmW .ud paid for by the subdivider or arren8e- -to made by the aubdivider therefor which are approved by Cha City of Uh.at Ridge, led suah shall not he paid by the City of Wheat Ridge, Colorado, and that any item an tonatructed or inat-fled when accepted by the City of Whear Ridge, Colorado, shall be.- the ..Is property Of said City except iteas mood by municipally franchised utilici68 end/.r the Mountain State. Telephone and Telegraph Coepeny, Which frozen, When constructed or le.celled, shall reenin the property of the owes and .bell at becom the property of the city. l RAY'ID151kr1 ,DAVID G. ARCHER 3130 Union Street 10242 West 700 Drive Lakewood, CO 80215 Arvada, CO 80004 233-8284 422-6978 VALLEY BROOK SUBDIVISION R -IA 71.48' S 0.22'98" E BY: 0.26'00"W _ 1 I3s.eo' g Izs.00' z5 _ 620.88 �- APPROXI .14- T^ ^-.-._ 7 20.00' STATE OF COLORADO ) 100 -YEAR FLOOD PLAIN DEL INEA7�,ppf--ry'ut- Planning Commis. YF 'hairmn in ` I ,• c _ ^ z -n r 100.00' It HBO' tp PERMANENT EASEMENT FOR! The foregoing Snatrument sea ack mledged before IOS.00' 117.00' n CONSTUCTION, OFlRATION B MAINTENANCE OF LENA GULCH iii 6 III +^ DIUINASE-WRf IMPROVEMENTS; Ky Comllealap Expires- COUNTY DF JEFFERSON } L F•-5'lgp.) ly NIKEE MTN CONSTRUC�p� GREENBELT USE; AND FUTORE .,. Reception No. CURVE 2 Ga If S-0'{'50" '+t N STREET B ROADWAY PURPOSES.rl 5 I I 4 ND Y PUBLICf'�j e,B(, I m 52Z1 3 2 AI Tdot it la 5 14 e n NW LANEWCOD SANITATION DIST- EASEMENT ` JEFFERSON COUNTY RECORDS, BOOK 939, PAGE 404. NO.26'00"W 398.1 1 ARCHER INVESTORS, being the ouoar of the real property of 7.32 edea dcacribed as follova: Part of Treat 23, Brookside Subdivleloa, end • -.Plat of Br-okeide 4 Minor subdivision asapproved by the City of Wheat Ridge,.but never recorded with the County of Jefferson, being in the Northueat 1/4 of Section 28, TOwahlp 3 South, Range 69 West Of the 6th Principal Naridian, County of d.ff.raon. Stat. of Cnloredo, being mareparticularly described -a follwa: Commencing t the West 1/4 comer of sold Sectio¢ 24, thence N 89 35'15' E, along the South line of the NW d/4 of amid Section 28, 196,77 foot; thane N 0-23t268 N, 30.00 feet, to a point on the Nordrh right-of-vay lin& of West 32nd Aa nue, ..id point being the Point oI 8eainglnj; thence N 0 23.28' w, 265.OD Feet; thenen S 89 95'.5" W, 63.19 fat, to A point an the Rant line o= Valley Brook Subdivfaio.; thence N 0 26'00" W, Along said aubdiivi.ion 365,80 feet; thence N 89835'15" E, along said eubdivl.lgn. 194.35 feet, thence N D 26'00%W, eloog said aubdivipi-, 398,15 feet, to the HE comer of Valley Brook Subdivision; thence N D'13'47" V, 222.38 feet, to the Northwest career of said Tract 23, t1 ­N 84 32'12" E, along the North line of said Tract 23, 164.47 feet; chants S 0 2e•OB"-E, 1271.4B fp,to a point on the North rigbc fway line of Want 32nd Avenue; thence S 890351151, N Along said right-ef-way, 295.19 feet, to the Polar of Regin.ing. Said parcel containing 7,32 acres sora or lea.. andhoe :aid out, subdivided and platted said land am per the droving hernon contained under the naea end .tyle of AMeWpOD BROOKSIDE SUBDIVISION, a 'subdivision of a pact of the City of Wheat Ridge, Colorado, and by these prn.attte dna" dedicate co the City of Wheat Ridge sed she pubiie the street. roads; and &venae and drives as .bow on the accompanying plat for the public use forever And dose texcher dedice e to the use of the City aF Wneat Ridge and all municipally -ad. end/or munlelpally franch'"d uMlitl.. and ae[vicea those pertione of said real property Which era an de.ignetad As aumaate and rights-of-way for the construction, in.tallation, Operation, naiacensuce, Tapafr and replacement for all aecviene, including without limiting the Eeae-.lity of the foregoing, talephoda and electric :lase, cork,, poles end underground cable., gee pipelines, water ....Uri., emlcary sewer linea, serest lights, culvert., hydc..to, drainage ddtelNa and dein. end all appurtem uce. thereto, it being e-pr...ly understood and aBroad by the undersigned that all expea.es And sesta involved in < nstructing nod imtalling .&suety -ewer .yat- works and linea, gas eervic. Lines, electric.l aArvice work- and lions, -Corm &ewer& and drain&, atrniot lighting, grading and landscaping, curbs, gutters, street pavement, sidewalks end ether eueh utilities And aurvicea shall be guar LcmW .ud paid for by the subdivider or arren8e- -to made by the aubdivider therefor which are approved by Cha City of Uh.at Ridge, led suah shall not he paid by the City of Wheat Ridge, Colorado, and that any item an tonatructed or inat-fled when accepted by the City of Whear Ridge, Colorado, shall be.- the ..Is property Of said City except iteas mood by municipally franchised utilici68 end/.r the Mountain State. Telephone and Telegraph Coepeny, Which frozen, When constructed or le.celled, shall reenin the property of the owes and .bell at becom the property of the city. l RAY'ID151kr1 ,DAVID G. ARCHER 3130 Union Street 10242 West 700 Drive Lakewood, CO 80215 Arvada, CO 80004 233-8284 422-6978 VALLEY BROOK SUBDIVISION R -IA 71.48' BY: 0.26'00"W _ 1 I3s.eo' g Izs.00' } Ion.Do' 423-4119 r 100.00 20.00' STATE OF COLORADO ) ST. Planning Commis. YF 'hairmn 3 TEMPORARY CUL-DE-SAC. CASEMENT CURVE II ,• c _ ^ z -n r 100.00' It HBO' r 100.00' The foregoing Snatrument sea ack mledged before IOS.00' 117.00' 4 BLOCK ONE D= 49-51,Q7„ LR 4 =39. SR W +^ WI Ky Comllealap Expires- COUNTY DF JEFFERSON } L F•-5'lgp.) n �m .,. Reception No. CURVE 2 Ga If S-0'{'50" I 6 5 I I 4 ND Y PUBLICf'�j e,B(, I m 52Z1 3 2 AI Tdot it la 5 14 e n 3 n 2 �n a 11 I = e� S1i1 D' Or Ize.Go' J I'•+y6 1.2 z�OI,I 2'10 �I 4 0 zl 3zoo 2o.od, 117.0 r h J O •5hQ ISS.gO'~__ J I I2S.00'�typ100.of 00_, J IOO.OD_. J 120.00' 'r'p - HYD iN BY: 0.26'00"W _ 4 t�BoulevardAPPROVED St6.90' Arvada, CO 80003 } SURVEYOR'S CERTEPICATe 423-4119 433-1446 ROUTT STATE OF COLORADO ) ST. Planning Commis. YF 'hairmn 3 TEMPORARY CUL-DE-SAC. CASEMENT CURVE II ,• c _ ^ z -n r 100.00' It HBO' r 100.00' The foregoing Snatrument sea ack mledged before IOS.00' 117.00' _� 128.00' h del e D= 49-51,Q7„ LR 4 =39. SR �i}� Ify b_t I� +^ 85 Ky Comllealap Expires- COUNTY DF JEFFERSON } L F•-5'lgp.) n �m .,. Reception No. CURVE 2 Ga If S-0'{'50" I 6 5 I I 4 ND Y PUBLICf'�j e,B(, I m 52Z1 3 2 AI Tdot R•45.0C, L = 88.83 I NC I. '.I „I I„ 0I = e� S1i1 D' Or Ize.Go' J A I I.M. yAA $i a Ly1 2o.od, 117.0 r _ I'In 3 N 0.23'26& W 285.00' I BLOCK TWO I I I n z G 100.00 100.80_ L 100.00 SS.00'__J m IRo I I �jt e N 0 28 00 W 385.80' N -"I 1 BROOKSIDE SUBDIVISION ' i I R -I Y VALLEY BROOK SUBDIVISION I 1 1 R -IA 1 W Wates I. Utility end drainage easements on front and rear lot lines are 10 feet; utlllty easements on side let linea are 5 feet either aide of lot line unless shown othet .., 2. The Preliminary Plat of Appl.wood Broak.ide Subdivl.ien was prepared by Leu Engineering Testong Company, 181 Invernele Drive Wee,, Suite 100, Englewood, CO 80112, (30 3) 771-8641. 3. The boundary for said plat was prepared by Sam Gillis, of Cillan'e d Aeoocietes, R.L.S. #13486, 7270 Teller Street, Arvada, CO BOD03, (3077 424-5491. 4. Yo access will be permitted directly onto Want 32nd Avenue from Lot I, Block I. and Lot 1 Block 2. 5. Basis of Bearings -'Setting. show bar.. are based on the West line of the HE I/4 of Section 29, T3S, R69W, from Valley Brook Subdivision, recorded in Jefferson County Records. Book 23, Page 53. 6. Non,ment" act are 04 tabor with plastic cap, L.S. #13486, -1.., shown oths-iia. 7. Property is noted R-1. 1i Hun BY: N I1 Cour 4 t�BoulevardAPPROVED defect in thin .,Tvey be enmuseced more than too yesea from cbe date of the eertlfi..Ci- show Arvada, CO 80003 Denver, CO 80212 SURVEYOR'S CERTEPICATe 423-4119 433-1446 do hereby certify that STATE OF COLORADO ) under my avpervielon ea Planning Commis. YF 'hairmn ss .haws Said aubdiviaion and the Survey thereof, ,• COUNTY OF JEFFERSON ) FpN°' �-raa��<rsc �ffa....u.�e The foregoing Snatrument sea ack mledged before me this �7_u day of publ Sarviea Company of Colorado _ fief -i /.-J A.D_, 191, by auW O�*g.`, Wlcnaee my hantl and official cul. 85 Ky Comllealap Expires- COUNTY DF JEFFERSON } - .,. Reception No. 51 area PRIPIOn, end Tel Ph ND Y PUBLICf'�j e,B(, vt =Saga C7Enginear ya _ Director ofrPq6lic Worko Chel n of Porkc a y ecra¢LY ion - Comlaeim i Dlrec[� Dg,W NORTHWEST CORNEA SEC. 28, T3 S. RSSW _ IEST�JIN% NW 1/4, W i8_ N .25 00` 1S2.v, MAYOR'S CERTIFICATE This 1. to certify that the City f Wheat'Ridge, Colorado, by m[ion mf ice City ....111 did on the A9 day of 0.T. 19a3 ,adept. and apps the --plat and ---PI -be dedlcaclona hereon made. . ATTEST: IT H _1 �5E A L,n 4 j4(f m r N S. m 0 0 W t3 ROUTT ST. Y 8 w !I a Q G N Ida W 1/4 COR., SEC. 29, TSS, Rffw FOUND I" RCS" CASE HISTORY MS- BI- B NOTICE Acevrding t, Colorado I" you must cesmmee any 10961 action based upon any defect in this survey r within six year. after you firer discover such defect. In .n Avant my any .ctlop based upon any defect in thin .,Tvey be enmuseced more than too yesea from cbe date of the eertlfi..Ci- show hereon. SURVEYOR'S CERTEPICATe I, SAMUEL LEE UILLAN, A regiBtered Lend SurVayor in the State of Colorado, do hereby certify that the survey of Applawoad Stoakaids Subdi,ialon we mde by An or directly under my avpervielon ea or About the 15th day of April, 1983, and that the ace Wm 3e ing plat accurately auqu,gwvly .haws Said aubdiviaion and the Survey thereof, nwL.lEE FpN°' �-raa��<rsc �ffa....u.�e 9AUEL LEE GUUN, COLORADO RLS 13486 DATE 'y9fF=Yro CLERK AND RECORDER'S CRRTIYIGTE auW O�*g.`, STATE OF COLORADO ) 85 COUNTY DF JEFFERSON } Accepted for filing in the fthe Con Clerk and 1.c der of he County of Jelfereon, Scare of Colorado, this d.y of 19_. .,. Reception No. 10i EXHIBIT 6 - QUAIL HOLLOW SUBDIVISION PLAT Planning Commission 17 WS-16-02/1\4erkwood Estates 0 FINAL PLAT Q -:JAIL HOLLOW SUBDIVISION A SUBDIVISION LOCATED IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6TH P.M. CITY 01 f WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PAGE 2 OF 3 R -1R-1 ZONING ARTHJR A& LINDA GIBBARD I R-1 ZONING ' f r f SEE SHEET 2 3 I FOUND REBAR & 'ADELE MONICA O'TOOLE MARK A & AMY C $1 :IES LOT 3 I JEROME F SCEZNEY I 1171' 19 <++ LCT I LOT 2 APPLEWOOD KNOLLS 12TH FLG LOT 4 1770 SQ. 97, f FOR QUAIL ST. ,�0 ! 1.5" ALUMINUM APPLEW000 KNOLLS t2TW FLG APPLEWOOD KNOLLS 12 H FLG REG �F1532571 PPPI.EWOOD KNOLLS 12TH FLG L02' A3 ACCESS DETAIL B +^`!. CAP PLS 438 R-1 ZONING I RED 0397126 1 .= REG 89077886---� REG #F15732i2 1 zsaal eq• F'r• ------------ --- Hj 1'R01?ERIEs 3� /- --- -�---- -`--'---•(4.M. 500°3l'59-� 607.00)-17 ------------'----------------------�-- 00'3057 '7l'-__--�_� S00.30'57"' -032.45' - N -111.66' - -.�� _ �, - U&42` - - 60.26_ - - _85.26. - - -. "-- - 9277... _ - 25.21 2`,i,B" 2 Q', 630.80' - - - DRAINAGE dr - T - - - -T I I - 155.52' i •- t 5.00' i-UNO REBNi & 1 w� DRAINAGE & \ TRACT F / 30_ff YELLOW PLASTIC U71L EASEMENT \ - HEREBY DEDICATED �L - - - - - I I - 4 - - - - - 8131 SQ. R[, c R / I I - GAP PLS 34594 RF.C. 2006942621 _ BY' THIS PIAT I- - ry B6GINtIlNG I �C3g, 11,, N003057W 51971 / - �V LOT $ I I F 1 r 18958 iR`. 22044 SQ. FT. \ (94510.0 p• 3490 5' SIDE LOT UNE DRAINAGE & " coon- IRA. UTILRY EASEMENT TYPICAL 1 � x ( I L-� 17083330.. FT. / I $ ' w mom; 1 HATCHING R£PRENTS .l LOT I m c -*" : •� UNLESS OTHERWISE NOTED) "p� o W I Quo. PORTION OF lENA GULCH HEREBY DEDICATED BY THIS PLAT 1 all +/ tfl78B 9Q FI'. I 1 4 N fl i ACCESS & MA9NTENANCE. I o EASEMMT RED, \ �'] 3330) FEMA 1 0 YR 1 I' I fr 142 N.�, �; ^,,.� #F0208ED LYING AND \ .Y+ FLOOD LINE PROPOSED LOTS a AND 5 3' S1}• \ I I % / 1:6 HEREBY VACATED BY THIS 1443PLAT ]410 no CQ f a . �2. \ �` r - - 10.0' DRAINAGE do UTILITY EASEMENT 1 i w`s9i'io�" - s �ARro "----...N- --- -- -- -- 69.26`.. r1 __61.50 •s. --- '. WATER NE �FAWSEMES NT - DEDICATED 3Y HEREBY DEDICATED SEPARATE DOCUMENT BY THIS PLAT ' REC. _ _ _ � I •DRAINAGE & �. � =�t''1 w �Jl� y. � _ _ ®---.,...- QUA_IL COURT ti I UTILITY EASEMENT � .:�.,� 20' SANITARY SEI' I:R _ .�3 r• `- - ��H REBY DEDJCATh'D) SOOYCO6i 34MOD' v WATER LINE EASEMENT ROW MON. REC. �2G05142621 20 �Nrfi'igr54'f (63' R1ORT-OP-FBYJ DEDICATED BY #9345 "' J ; EASEMENT DEDICA ED BY SEPARATE DOCUMF NT. I SEPARATE DOCUMENT REC. A---_�.. - LOT 5 ROW MON. 26.00' REG. }-_- a I FEMA 900 YR 18039 SQ, PT. I •.. $9346 5273- '� .- _ - - 87.56- Fl 001) UNE 10.0 ORAINAG'c & UTILITY EASEMENT I Tj - '- FTh±$bPIRDTLA'(�THE PO.RTI �q'y��}, 2.0 IGF DETENTION EASEMENT REC." I 11' 54.50' / I IESMAEI4NI�CAT£A I (12006142621 LYING WITHIN THE a Tri SANITARY SEWER 1 �y \ I .. �'+.'•:.: v BOUNDS OF THE QUAIL HOLLOW < o 1' / I I RSE SATE DOCUMENT I IVACATFDION THAT 4S BY THIS PLAT I `' " N`I; I EASEMENT 1' a IA _ I + RELEASED BY SEPARATE 1T a �s ' REG #615725 1 Q 1 Z I VACATED BY 11 � s nr'Z �A•1 / r . � .. s. 5' I DOCUMENT REC.02014060582 .�. _ .. -:.j '! SEPARATE + p r": - _ _' i I I 111 V I j1OCUMENI 1 ' 120.0' Nm+ % h e4 _ / ` . 5' dg(SEE NOTE 18) ITEC. pJ, / r TYPICAL SIDE LOT LINE I X' F' 9Ir Iflo DRAINAGE & UTILITY I I I LOT 8 / I EASEMENT HEREBY 15D00 SQ. 'FT. FF b� LLL yY N I 20' SANITARY S ER ' 11 1 W !� ✓ NON-STANDARD SIDE I I DEDICATED BY THIS PIAT I I 3355) I i ,p1 I1 N'? p EASEMENT DEDICATED BY % i LOT LINE DRAINAGE & I LOT 9 m$ n I SEPARATE DOCUMENT _ 1 .1 I i, UTILRY EASEMENT I I 17712 T 7 I I 151'58 SQ. PT m + } Q y a6 m I REG. #- �� BYR N 5 PLAT AED - � 33�. PL'. - � I I I ( UK 1 T +r LOP B PT I I + i P 1 TRdCT d 1 •N 14411 SQ. FT. 11 L.,. 3 N 82168 30.. I6 SAEITARY M TSEWER f 16 1 �'� I I -49430 D4.lT MOIL- S BOOK 1618 1 1 `V C �`b I I ( r I ` z PAGE ASB - --x� I I SANITARY SEWER ` I 20' SANITARY SEWER u '� _ •/ 524;13i4'WY'" �N I I EASEMENT EASEMENT DEDICATED BY 39.28' / 1 -Cl '2'0:5"-'`,. REC. #628156 ` = - - I I SEPARATE DOCUMENT r U (z VACATED BY v 1 - - EPARATE'r, r .1 -J I !-+R f2EC. I_____ / r mnv I 1 FEMA 100 YR DOCUMENT \. �I�� �.i rS112 TW-c=547434�E1Zi __. ,... -,- _ - 8 I" 16864 SLOT Q. FT. arc Q TRACT C o zo m w m • FLOOD UNE' REO # -YLLc. I l CIN OF '1 SECTION 28 DATUM _� FOUND 3.25" BRASS CAP CONTROL POINT 16309 pp IN RANGE BOX MATCHES NORTH=703080:17 vi MONUMENT RECORDS ON EAST -107884.18 1` a FILE. POINT OF COMMImCEMENT (AR6'A OF.BNLD I 61.90' 20' SANITARY SEWERBY ('` BFI'.QST C4 50.94' 54.50' 1 053'32'54' EASEMENT7 j t 1 I EARA 10878 SQ C5 65.85 o l E DOCUMENT REC. $_, _ 1 20.0.m �• (SET. GENERAL 18.01' 54.50' 019'69'13' S477www 18.92- C7 NOTE SHEETT 1)) 54.50' 26476'48- ., 80,72' PERMANENT DRAINAGE EASEMENT 1 1 li 7.50' 08476'46' FOR WATER QUALITY POND 10.06' C9 REC. #84119721 �_ ' . S45'0.067E PURPOSES 1_ 19.83' 1aL50' I 090'00'00 N409 -WE 17.68' C11 10.83'7.56' 05277'00' _ - _ ~'1 ... C12 _ _ 11544VSB'w .10.43'- C13 74.78' 54.50' 078'37'09' S38M29'W w aR-1 ZONING a: RALPH J & DEBORAH A PERRI C14 (A N00'34'34"W 696.05 NOO-54'15"W 696.04-) 0FOUND REBAR & BLOCK 23 a_C _ - -,V. 99.97' 01711423' N7915'01'W J R a YELLOW PLASTIC BROOKSIDE CAP P� 7 %2169 REG #85005204 5461W 15(k00' 020'41'50' NBO'O6'50'W 53.69' aa 20.38' 7,29' 54.62' 02172'23' 12.50' 0337511'~ N5719'SPW N321T31'E 20.26' 7.19- C19 43.59' 66.49' 019'44'39' N8035'25'W 41.211 C20 8.23' O `rsi SHOY4YE ORIGINAL SCALE: "= HORIZ. _ WAS 174.50' 019'44'35. II305f +r " 2925 s0.. FT. �I 20.Os'✓ I' I -I �r / �' EDIDATm RAD1us Ilt` 1 I FOR R.O,W, POINT'•' 1 LOT !! I I SEE NOTE 13 -- 54.50- 20407 20467 3Q. FT. 1 _ - _ _ - _ - - - kv .�IOD�L'•'.6.5 - - 1 1761 SQ. FT, hl (ANSA Of DRNE FOR220N OF LOT If 69M SQ. FT.) HEREBY FCORR R.O.W.R �F_£ NOTE 1,T - UTILITY 4400'40 0417 EXHIBIT 6 j CENTER 1/4 CORNER CIN OF '1 SECTION 28 DATUM _� FOUND 3.25" BRASS CAP CONTROL POINT 16309 pp IN RANGE BOX MATCHES NORTH=703080:17 vi MONUMENT RECORDS ON EAST -107884.18 1` a FILE. POINT OF COMMImCEMENT C3 ROW MON. R-1 ZONING #9347 RALPH J & DEBORAH A PERRI BLOCK 23 BROOKSIDE REG #65005204 J:\2127\214-020 QUAIL\SURVEY\PLAT\214-020 PLAT FINALDWG EASEMENT LINE CURVE TABLE R OAD CENTER UNE _ CURVE / LHIGTI RADNS DELTA I FOUND REBAR & • ..I-:'.'•I`.`--,: YELLOW PLASTIC 23.86' CP PL5 34594 1413'06'12-W 630.60' LI ROW MON. R-1 ZONING #9347 RALPH J & DEBORAH A PERRI BLOCK 23 BROOKSIDE REG #65005204 J:\2127\214-020 QUAIL\SURVEY\PLAT\214-020 PLAT FINALDWG LEGEND SET #5X24' REBAR FENCES AND 1' YELLOW o a- ) PLASTIC CAP LOT LINE PLS 34580 EASEMENT LINE CURVE TABLE R OAD CENTER UNE _ CURVE / LHIGTI RADNS DELTA I CHORD BEARING CHORD LENGTH Ct 23.86' 5650' 024'32'1!' 1413'06'12-W 23.47 C2 30.38' 54.18' 03138'35' M41 -31-06-W 3100' C3 61.90' 54.50' 065W'34- s69'S8'29-w 5a8Y C4 50.94' 54.50' 1 053'32'54' SIO'40'34'* 49.10' C5 65.85 54.50' 2189971'09' 550'36'23E I 61.75 C6 18.01' 54.50' 019'69'13' S477www 18.92- C7 251.54' 54.50' 26476'48- S4T06'30'W 80,72' C8 11,05' 7.50' 08476'46' N42 -53'.W' _ 10.06' C9 1913' 12,50' "OSO'00'OO' S45'0.067E 17:68' DID 19.83' 1aL50' I 090'00'00 N409 -WE 17.68' C11 10.83'7.56' 05277'00' S49'083TE 9.94' C12 89.62' 64.50' 109475'40' 11544VSB'w 80.00' C13 74.78' 54.50' 078'37'09' S38M29'W 69.135' C14 184,61' 54.50' 173113'06' W51 1'2rW 105.81' C45 29.79' 99.97' 01711423' N7915'01'W 29.68' CIB 5461W 15(k00' 020'41'50' NBO'O6'50'W 53.69' C17 CTB 20.38' 7,29' 54.62' 02172'23' 12.50' 0337511'~ N5719'SPW N321T31'E 20.26' 7.19- C19 43.59' 66.49' 019'44'39' N8035'25'W 41.211 C20 8.23' 12:50' 037'43'42' SHOY4YE 8.08' C21 _ WAS 174.50' 019'44'35. S60'36'27'E 59.83' C22 26,35 75:35 O7 V2'V- SW43.06-E 26.22' C23 39.32' 11&Sff 019'00'38' N80'13'28'W 39.14' - LEGEND SET #5X24' REBAR FENCES AND 1' YELLOW o a- ) PLASTIC CAP LOT LINE PLS 34580 Q5 FOUND SECTION CORNER AS DESCRIBED HEREON f ADDRESS ASSIGNED WEST 1/4 CORNERCIN OF WHEAT SECTION 2B RIDGE DATUM FOUND 3.25" BRASS CAP c CONTROL POINT IN RANGE BOX MATCHES I 16209 703049.55 MONUMENT RECORDS ON qj EASINORT-1 5260.72 FILE. m EAST=10526G.72 PAGE20F3 FEMA 1DOYR FLOODPLAIN - 59DtlCBS1FA S9REEr . _ PH.r1t4i4tS40''.A R111 P13447-0138 EASEMENT LINE FOUND MONUMENT AS -DESCRIBED ___ R OAD CENTER UNE _ SECTION UNE TO BE A SET PER CITY STAND A14 PER CM STANDARDS PND C.R.S. 30-51-105 Br?uNRAKY tINL SUBSECTION 4 _RICHT-OF_,-WAY LINE_ Q5 FOUND SECTION CORNER AS DESCRIBED HEREON f ADDRESS ASSIGNED WEST 1/4 CORNERCIN OF WHEAT SECTION 2B RIDGE DATUM FOUND 3.25" BRASS CAP c CONTROL POINT IN RANGE BOX MATCHES I 16209 703049.55 MONUMENT RECORDS ON qj EASINORT-1 5260.72 FILE. m EAST=10526G.72 PAGE20F3 FEMA 1DOYR FLOODPLAIN - 59DtlCBS1FA S9REEr . _ PH.r1t4i4tS40''.A R111 P13447-0138