HomeMy WebLinkAboutMS-13-044 `o City of
Wheat�dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
December 13, 2013
Jack Kennedy
412 Evergreen Road
Black Hawk, CO 80422
Dear Mr. Kennedy:
This letter is in regard to an application filed for approval of a three -lot final plat for property
located at 11075-95 W. 381h Avenue.
The initial application was filed with the City Community Development Department on July 17, 2013. A
comment letters was generated by city staff on August 8, 2013. Since that time, there has been no activity
on your platting request.
It is departmental policy that if no action occurs on an open case file within one hundred twenty days, the
case can be closed. Subsequent action on the property will constitute a new application with new fees
required.
Please contact me at your earlier convenience to discuss status of your land use request.
Sincerely,
Meredith Reckert, AICP
Senior Planner
C: Case No. MS -13-04
www.ci.w heatridge.co. u s
11# 41
-. 91 City of
i�Wh6atl,dgc
COMMUN1Ty DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29th Ave.
August 8, 2013
Jack Kennedy
412 Evergreen Road
Black Hawk, CO 80422
Dear Mr. Kennedy:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to an application filed for approval of a three -lot final plat for property
located at 11075-95 W. 38th Avenue.
The application has been reviewed and the following are comments regarding the first submittal.
PLAT DOCUMENT
1. On the graphic, add a rear lot line dimension for Lot 3.
2. Add an address for Lot 3. Staff suggests 11080 W. 38th Place.
3. Add addresses for Lots 1 (11095 W. 38th Avenue) and Lot 2 (11075 W. 38th Avenue).
4. Under Notes, indicate that zoning on the property is R- 1.
5. Under Notes, indicate floodplain designation — Zone X (shaded) — 500 year floodplain
6. In the Case History box, add the following case numbers: MS -13-04.
7. Add typical residential utility easements.
�j-,,-
OTHER
1. A Mineral Rights Certification is required prior to both the Planning Commission and City
Council public hearings.
2. For publication purposes, I will need an electronic Word version of the legal description approved by
Public Works by August 16, 2013. This can be emailed separately to nireckertg6wheatridge.co.us
Attached are referrals received from other city departments and outside agencies regarding the plat
document.
Consolidated Mutual Water District: See attached letter from Kim Medina dated July 30, 2013.
Xcel Energy: See attached letter from Donna George dated August 5, 2013.
Westridge Ridge Sanitation District: See attached letter from Kim Dahlin dated August 5, 2013.
Wheat Ridge Fire Protection District: See attached letter from Kelly Brooks dated August 1, 2013.
2011.
Wheat Ridge Police: See attached memo from Bobbi Dawkins dated August 5, 2013.
Wheat Ridge Public Works: See attached letter from Dave Brossman dated August 7, 2013.
www.d.wheatridge.co.us
Additional referral comments may be forthcoming and will be forwarded.
This concludes the summary of comments. Please address each of these comments by revising the
drawings accordingly. For clarification on any of these issues, please feel free to contact any of the
Development Review team members:
Community Development Meredith Reckert 303-235-2848
Public Works Dave Brossman 303-235-2864
Once the changes have been made, please submit two copies of the plat document for the second review.
Make sure to include an electronic copy of the plat document.
This case is tentatively scheduled for Planning Commission public hearing on September 5, 2013. I order
to meet this date, please resubmit revisions by August 15. The plat will need to be in approvable form by
August 22. For the Planning Commission packet, I will need 15 copies of the modified plat document by
August 27. If these dates do not attainable, the next available public hearing date is September 19, 2013.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
CCCONSOLIDATED
mutual water
00
July 30, 2013
Meredith Reckert
Case Manager
City of Wheat Ridge
mreckertO-ci.wheatridge.co.us
Re: Water Availability — Kennedy Subdivision
Dear Mr. Rice:
This will acknowledge receipt of the Subdivision Plat Submittal for Kennedy Subdivision
on July 26, 2013.
Our records indicate that the properties addressed as 11075 & 11095 W. 38th Avenue
are currently receiving domestic water from the Company through 5/8 -inch meters
(CMWCo Tap Numbers 1579 & 22131Account Numbers 01104013-02 & 01104017-02.)
Domestic water service may continue to be provided to these properties subject to
compliance with the Company's rules, regulations and requirements for such service.
Lot 3 of the proposed Kennedy Subdivision also has water service available subject to
compliance with the Company's rules, regulations and requirements for such service.
Please contact this office to arrange a meeting regarding future development of this
property.
Fire protection requirements should be obtained from the Wheat Ridge Fire Protection
District and those requirements forwarded to this office by the Fire District at the earliest
possible time. We can then determine if additional system improvements would be
required to meet the demands set forth by the Fire District.
If you should have any questions or comments regarding this correspondence, please
contact this office.
Sincerely,
Kim M. Medina
Stocks Record/Tap Administrator
cc: CMWCo Officers
Andy Rogers, CMWCo Engineer
Kelly Brooks, Wheat Ridge Fire Protection District
THE CONSOLIDATED MUTUAL WATER COMPANY
12700 West 27th Avenue • P.O. Box 150068 • lakewood, Colorado 80215
'telephone (303)238-0451 • Fax (303)237-5560
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WESTRIDGE SANITATION DISTRICT
3705 Kipling Street - Suite 101
Wheat Ridge, Colorado 80033
Phone (303) 424-9467
Fax (303) 424-2628
Ms. Meredith Reckert
Community Development Department
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Case No
Dear Ms. Reckert:
MS-13-04/Kennedy
August 5, 2013
Reference is made to your request regarding the proposed 3 -lot subdivision plat in the
above case.
Presently the single-family home at 11075 W. 38th Avenue, and the single-family home
at 11095 W. 38th Avenue are served by the Westridge Sanitation District.
The Westridge Sanitation District would currently be able to serve one (1) additional
single-family home on the proposed third lot, subject to all applicable District Rules and
Regulations in place at time of formal application.
The District does not currently have capacity to serve any development larger than one
(1) single-family residence.
If you have any questions, please contact me at the number above. Thank you.
Sincerely,
Kim Dahlin
Office Manager
4DWHEAT RIDGE FIRE PROTECTION DISTRICT
DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS
3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.5900 • www.wrfire.org
DIVISION OF FIRE PREVENTION
August 1, 2013
Meredith Reckert
City of Wheat Ridge
Community Development
7500 West 29`h Ave
Wheat Ridge, CO 80033
RE: Community Development Referral
CASE No.: MS-13-04/Kennedy
The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and
has the following comments regarding our ability to serve this property:
1. A Residential Site Planning Guide for use by the applicant is attached to this response.
Relevant requirements established in the Residential Site Planning Guide and the 2006
International Fire Code with amendments adopted by the City of Wheat Ridge shall be
met unless approved by the Division of Fire Prevention.
2. If more than two dwelling units utilize the same access road, that road shall meet the
requirements of IFC section 503 for fire apparatus access roads.
It is the responsibility of the applicant to verify that all required Fire Department permits are
acquired and all requirements and conditions are met.
Please feel free to contact me if there are any questions or concerns with respect to this review.
Reviewed by,
+�" cv�
Kelly Brooks
Fire Marshal
Wheat Ridge Fire Protection District
City of
Wheatpdge
POLICE DEPARTMENT
Memorandum
TO: Meredith Reckert, Community Development
FROM: Bobbi Dawkins, Officer, Crime Prevention Team
DATE: August 5, 2013
SUBJECT: Case No.: MS-13-04/Kennedy
I have reviewed the Community Development Referral Form for Case Number:
MS-13-04/Kennedy.
The police department sees no concerns with this request.
Page 2
XcelEnergysm
PUBLIC SERVICE COMPANY
August 5, 2013
City of Arvada
Community Development Department
8101 Ralston Road
Arvada, Colorado 80001-8101
Attn: Meredith Reckert
Re: Kennedy, Case # MS -13-04
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3660
donna.l.george@xcelenergy.com
Public Service Company of Colorado (PSCo) has reviewed the plans for Kennedy. As always, thank you
for the opportunity to take part in the review process. To ensure that adequate utility easements are
available within this development and per state statutes, Public Service Company requests that the
following language or plat note be placed on the preliminary and final plats for the subdivision:
Six-foot (6) wide dry utility easements are hereby dedicated on private property
adjacent to the front lot lines and eight -foot (8) on the rear lot lines of each lot in the
subdivision. Five-foot (5) wide dry utility easements are hereby dedicated along the
westerly lot line of Lot 1 and the easterly lot lines of Lot 2 and Lot 3. These easements
are dedicated to the City of Wheat Ridge for the benefit of the applicable utility
providers for the installation, maintenance, and replacement of electric, gas,
television, cable, and telecommunications facilities (Dry Utilities). Utility easements
shall also be granted within any access easements and private streets in the
subdivision. Permanent structures, improvements, objects, buildings, wells, water
meters and other objects that may interfere with the utility facilities or use thereof
(Interfering Objects) shall not be permitted within said utility easements and the utility
providers, as grantees, may remove any Interfering Objects at no cost to such
grantees, including, without limitation, vegetation. Public Service Company of
Colorado (PSCo) and its successors reserve the right to require additional easements
and to require the property owner to grant PSCo an easement on its standard form.
Public Service Company also requests that all utility easements be depicted graphically on the
preliminary and final plats. While these easements may accommodate certain utilities to be installed in
the subdivision, some additional easements may be required as planning and building progresses.
In addition, 31-23-214 (3), C.R.S., requires the subdivider, at the time of subdivision platting, to provide
for major utility facilities such as electric substation sites, gas or electric transmission line easements and
gas regulator/meter station sites as deemed necessary by PSCo. While this provision will not be required
on every plat, when necessary, PSCo will work with the subdivider to identify appropriate locations. This
statute also requires the subdivider to submit a letter of agreement to the municipal/county commission
that adequate provision of electrical and/or gas service has been provided to the subdivisions.
Please be aware PSCo owns and operates existing electric distribution facilities within the proposed
project area. The property owner/developer/contractor must contact the Builder's Call Line at 1-800-
628-2121 and complete the application process for any new gas or electric service, or modification to
existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the
project for approval of design details. Additional easements may need to be acquired by separate
document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at
1 800-922-1987 for utility locates prior to construction.
If you have any questions about this referral response, please contact me at (303) 571-3306
Sincerely,
Donna George
Contract Right -of -Way Referral Processor
Public Service Company of Colorado
City of
iRrWh6atI�dge
UBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857
August 7, 2013
Mr. Curtis E. Carroll, P.L.S.
Bear Creek Land Surveying
8801W. Jewell Place
Lakewood, CO 80227
720.933.4791
Re: First Review Comments of the Final Plat for the Kennedy Subdivision, Case 4MS-13-
04/Kennedy.
Dear Mr. Carroll,
I have completed the first review of the above referenced plat received on July 24, 2013, for the
proposed subdivision involving the property located at 11075-11095 W. 38th Avenue, and I have
the following comments:
1. Please provide a distance from the westerly property line to the point of curvature for the
Right -of -Way dedication along W. 38th Place.
2. Instead of having a 1.38' curve at the west end of the dedication along W. 38th Place, why
not just extend the line of C2 to the westerly property line & eliminate C1? It would
certainly make it simpler, especially since the idea is just to keep a minimum of 50' for
ROW. The City isn't requiring the ROW in here be exactly 50.00' (just a min. of 50').
Extending C2 would only add about hundredth of a foot to the ROW width at the west
end of that 1.38' strip.
3. Show the above-mentioned are to be dedicated as, "IRREGULAR-SHAPED AREA
HEREBY DEDICATED BY THIS PLAT AS RIGHT-OF-WAY".
4. Please apply a light hatch -pattern to the two areas of ROW dedication.
5. Need to add the standard 10' (front & rear) and 5' (sides) Drainage & Utility Easements
to correspond to the Standard Easement Language paragraph.
6. In the Legend:
a. Please show the Set & Found Pins symbols
b. Include all linetypes and hatching with explanation
7. In the Section Tie Detail:
a. Please include the vertical line connecting the subdivision to the section line, and
provide its bearing & distance. This will satisfy the second section tie requirement in
City Code (must have 2 ties to 2 different boundary corners). Or if you wish to use
another line to a different boundary corner that will be fine also — we just require that
two different boundary corners are tied.
8. Please identify the Point of Commencement and True Point of Beginning. (The TPOB
can be shown on the plan view if you prefer).
9. In the Legal Description you need to add a "More particularly described as..." metes &
bounds portion for the Kennedy Subdivision boundary as required by 26-407-D-6 of the
www.ci.wheatridge.co.us
Public Works Engineering
August 7, 2013
Page 2
Municipal Code of Laws. Be sure to include the Point of Commencement (a section tie)
and the True Point of Beginning.
Please submit for review and approval one hardcopy and two electronic files of the revised plat.
The electronic files must include one PDF and one AutoCAD 2007-2010 DWG file, and may be
included with the hardcopy submittal on CD/DVD-ROM or delivered via e-mail to me at:
dbrossman6d)ci.wheatridp-e.co.us
The above comments are as of the date reviewed and may not reflect all comments from
other departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
City Surveyor/Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Meredith Reckert, Senior Planner
File
hcatridge.coms
Kennedy Subdivision 11095 W38thAve Final Plat -review 1.ltr.docx
8973'24" E
14.52'
Why not just project the line of C2 to the
Westerly property line & eliminate C17 It
Would certainly make it simpler, since the
idea is just to keep a minimum. of 50' for
ROW - but it doesn't have to be exactly
50.00'. Extending C2 Would only add about
hundredth of a foot to the ROW in here.
Please provide U CASE NUMBER MS -13— 04
property line to tl
for the proposed
line.
In addition to showing theacreage to 4 decimal
places as shown, please include the area rounded
to the nearest square foot. And FYI, it does NOT
appear this area is correct. (It should be more
like 48,507 s.f. (1.1136 acres).
APPIEW000 VIUAGE Ef1,.yNER'S CERTIFICATE
JACK KENNEDY, being the owner(s) of real property containi 0. 671 described as follows:
Is west 82.5 feet of the south 300 feet of the wast half of Tract 3, Brookside,
WEA e
.O_1V south 300 feat of the East half of the West half of Tract 3, Brookside, More particularly described as
DICATIO Commencing at the South 1/4
-- nMy of Jefferson, state or Colorado. Comer Section 21; Thence_..
=1 37.58ve laid out, subdivided and platted said land as per the drawing hereon can ad under the name
R=1 479.5d style of Kennedy Subdivision, a subdivision of a part of the City of Wheat dge, Colorado and
Nese presents da dedicate to the Clty ofWheat Ridge and the public those ortions of real
party shown as right-of-way, and do further dedicate to the City of Wheat RI Se and Nose
miclpally owned and/or municipally franchised utilities and services those po ons of real properly
\[—re
own as easements for Ne construction, installation, operation, maintenance, epair and
yy acement for all services. This includes but is not limited to telephone and a ctr c lines, gas lines,
4I, and sanitary sewer lines. hydrants, storm water systems and pipes, deter on ponds, street
hts and all appurtenances Hereto. Need to include a metes and bounds
description for the boundary of Kennedy
Subdivision. Please include the Point of
0 Commencement and True Point of Beginning.
RShow this area as,"IRF
�w R EA HEREBY DE.ICAt. of Colorado )
0 S RIGHT-OF-WAY ISS
> assist the reader identiPonly of Jefferson )
ZO 3 58971 to foregoing Instrument was admowledged before me Nis _Day of AD. 2013
0 1 1 s N 82 50•—witness my hand and official ase. My commission expires:
d ry Nary Public
Show the standard
10' front &rear and
I a 5' side perimeter URVEYOWS CERTIFICATE
000o Drainage & Utility Curtis E. Carroll do hereby certify that the survey of the boundary of KENNEDY
til 'RBI' 0' Pb Easements JBDIVISION was made by me or under my direct supervision and to the beat of
r'�II ®30"SKSDI]E o y knowledge, information and belief, in accordance with all applicable Colorado
201tlE B7 Brutes, current revised edition as amended, the accompanying plat accurately
presents said survey.
1 li
n �O� O SF Signature
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z 1y5
1
ITV CERTIFICATION
pproved this _ day of by the City of Wheat Ridge.
— — — TTEST
8
_ —ytyClerk Mayor
S 89'13'12
do ]rector of Planning and Development
o
1104.28' WlreGor of Public Works
2639.72' — — — 61
CANNING COMMISSION CERTIFICATION
-- — — -' -"--'-"-improved this day of by the Wheat Ridge Planning
—.i -In.
hairperson
_ 2644.53' N89'35'24
WEST 1/4 CORNER SECTION 21
CITY POINT # 14209 TANDARD EASEMENT LANGUAGE
FOUND 3 1/4- BRASS CAP IN sn-foot (10') wide easements are hereby granted on private property adjacent to
RANGE BOX PLS 13212 1 public streets and front and rear property lines of each lot in the subdivision or
1 abed area. Five-foot (5) wide easements are hereby granted on private property
3'ijecent to all side lot lines of each lot in the subdivision or platted area. These
assments are dedicated for the installation, maintenance, and replacement of
ectric, gas, television cable, drainage and telecommunications facilities. Utilities
N tall also be permitted within any access easements and private streets in the
o 6division. Permanent structures and water meters Shall not be permitted within
z aid utility easements.
J.
CITY OF WHEAT RIDGE
Base include the vertical line
PUBLIC WORKSnnecting
the subdivision to the
ction line and provide its
DATE 0 7124/2 01 3
Bring & distance. This Will
RECEIVED 07/24/2013
tis fy the second section tie
1st Submittal
auiremenl in City Code (2 ties
2 different boundary comers).
649.79'
BA515 OF BEARINGS 58�'7�
SOUTH LINE SW 1/4 SECTION 21,
2639.72'
SW CORNER SECTION 21 —�
CITY POINT # 15209 Or you can use thi:
N: 705701.55 E: 105230.17 as the 2nd tie '— 3— 04
LATITUDE: 39— 46-09.04995
LONGITUDE: 105-07-42.46476
FOUND 3 1/4" BRASS CAP IN
RANGE BOX PLS 13212
BASIS OF BEARINGS / SECTION
I:\Subdivision Review\SUBS 2013\Kennedy Sub\FROM CONSUL]
COUNTY CLERK AND RECORDERS CERTIFICATE
State of Colorado )
)Sr
County of Jefferson )
I hereby cartify that she plat was filed in Ne office of the
County Clerk and Recorder of Jefferson County at
Golden, Colorado, at O'Clork_. M. on the
_ day of AD., in
Book Page_ Raceptlon No.
JEFFERSON COUNTY CLERK AND RECORDER
By:
Deputy
BEAR CREEK LAND SURVEYING
8801 WEST JEWELL PLACE
LAKEWOOD. CO 80227
PHONE (720)-933-4791
City of
Wheatljdge
COMMUNITY DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date: July 24, 2013 Response Due: August 7, 2013
The Wheat Ridge Community Development Department has received a request for approval of
a three lot subdivision plat on property zoned Residential -One, R-1, located at 11075-11095
W. 38th Avenue.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: MS-13-04/Kennedy
Request: Approval of a three lot subdivision plat on property .67 acres in size. The property
has never been platted and currently has two existing single family homes on it. The
developer intends on subdividing the rear portion of these lots to create a vacant residential lot
for development.
Please inform the case manager of any concerns about the site's ability for future development
based on the proposed zoning. At the time of site plan review, when a specific development
proposal is available, an additional referral regarding utility needs for the proposed
development will be issued.
Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857
Email: mreckert@ci.wheatridge.co.us
DISTRIBUTION:
Water District (Consolidated Mutual)
Sanitation District (Westridge)
Fire District (Wheat Ridge)
AT&T Broadband
Xcel Energy
Qwest Communications
"The Carnation City"
Wheat Ridge Public Works
Wheat Ridge Parks and Recreation Comm.
Wheat Ridge Police Department
Wheat Ridge Building Division
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2006083966 WD
07/11/2006 12:53:53 1 Page(s)
Jefferson County, Colorado
WARRANTY DEED
THIS DEED, Made this 28th day of June, 2006 between
Paul W. Webb and Audrey H. Webb
of the County of Gilpin, in the State of Colorado, grantor, and
Jack T. Kennedy
Whose legal address is 412 Evergreen Road Golden Colorado 80403
of the County of Gilpin, in the State of Colorado, grantees:
WITNESSETH, that the grantor, for and in consideration of the sum of Thirty Six Thousand and 00/100 DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm unto the grantee(s), his heirs and assigns forever all the real property, together with
improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows:
The South 300 feet of the East Half of the West Half of Tract 3,
Brookside,
County of Jefferson, State of Colorado
also known by street and number as 11075 W. 38th Avenue Whearridge CO 80033
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
and the reversion and reversions, remainderand remainders, rents, issues and profits thereof; and all the estate, right, title interest,
claimand demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
grantee(s), his heirs and assigns forever. And the grantor(s), for themselves have granted, bargained, sold and conveyed, and
by these presents do for themselves , their heirs and personal representatives, covenant, grant, bargain, and agree to and with the
grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the
premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have
good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind of nature soever,
EXCEPT FOR THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. UJ206.11373.0-2 ISSUED BY
Clear Creek - Gilpin Abstract & Title AND EXCEPT TAXES AND ASSESSMENTS FOR THE CURRENT YEAR AND SUBSEQUENT
YEARS, EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY,
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF the grantor(s) have executed this deed on the date set forth above.
Paul W. Webb
Audrey H. Webb
State of Colorado )
)ss.
County of Jefferson )
The foregoing instrument was acknowledged before me this 28th day of June, 2006,
by Paul W. Webb and Audrey H. Webb
My Commission expires
Witneomy ttatId andOffcial seal. n
MAkW
Notarylic or'��pTAq ��(
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My Commission EXOMS
MARCH 19. 2W8
Warranty
Doc Fee:
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2006083965 WD
07/11/2006 12:53:53 1 Page(s)
Jefferson County, Colorado
WARRANTY DEED
THIS DEED, Made this 28th day of June, 2006 between
Paul William Webb and Audrey Helen Webb
of the County of Gilpin, in the State of Colorado, grantor, and
Jack T. Kennedy
Whose legal address is 412 Evergreen Road Golden, CO 80403
of the County of Gilpin, in the State of Colorado, grantees:
WITNESSETH, that the grantor, for and in consideration of the sum of Three Hundred Sixty Four Thousand and 00/100
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm unto the grantee(s), his heirs and assigns forever all the real property, together with
improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows:
The West 82.5 feet of the South 300 feet of the West Half of Tract 3,
Brookside Subdivision,
County of Jefferson, State of Colorado.
also known by street and number as 11095 W. 38th Avenue Wheatridge C080033
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, tide interest,
claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
\ grantee(s), his heirs and assigns forever. And the grantor(s), for themselves have granted, bargained, sold and conveyed, and
by these presents do for themselves , their heirs and personal representatives, covenant, grant, bargain, and agree to and with the
grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the
premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have
good right, full powerand authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
t are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind of nature soever,
EXCEPT FOR THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. UJ206-11371.C-2 ISSUED BY
Clear Creek - Gilpin Abstract & Tide AND EXCEPT TAXES AND ASSESSMENTS FOR THE CURRENT YEAR AND SUBSEQUENT
YEARS, EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY,
The grantor(s) shall and will WARRANTAND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
�4, IN WITNESS WHELREO. F/th/e grantor(s) have executed this deed on the date set forth above.
Paul
Webb
7�--''
I�(Lk,r0I��0X�iA
Audrey Hel Webb
State of Colorado)
)ss.
County of Jefferson )
The foregoing instrument was acknowledged before me this 28th day of June, 2006,
by Paul William Webb and Audrey Helen Webb
My Commission expires
hand and official seal.
_
Nota blic T
Aq'C�
i
p
F
OF GO'
My Carvrifesbn ENO"
MARCH 19. 2008
Warranty Deed
Doc Fee: $36.40
City of
Wh6at�idge
OMMUNITY DEVELOPMENT
Wheat Ridge Community Development Department
PRE -APPLICATION MEETING SUMMARY
Meeting Date: May 16, 2013
Applicant: Jack Kennedy
Phone: 303-582-3351
Email: kennedycustomdesign@msn.com
Attending Staff: Lauren Mikulak, Planner II
Dave Brossman, Development Review Engineer
Specific Site Location: 11075-11095 W. 38" Avenue
Existing Zoning: Residential -One (R-1)
Existing Comp. Plan: Neighborhood
Existing Site Conditions:
The site includes two properties which are located at 11075-11095 W. 38th Avenue between Parfet
Street and Pierson Court. The properties are zoned Residential -One (R-1), and surrounding parcels
include residential uses with a variety of residential zoning designations. To the north and west are
large lots also zoned R-1 with single family homes. To the east are properties zoned R-2 along Parfet
Street, and to the south across W. 38th Avenue are properties zoned R-3.
The subject parcels are relatively long and narrow each with a single family home, as shown in the
table below:
Address 1 11075 W. 38th Ave
Zoning Residential -One (R-1)
Lot Area* 24,002 square feet
Lot Width ±82 feet
Improvements* Single family home
±950 sf, built in 1930
Detached garage
±900 sf
* per Jeffco Assessor
11095 W. 38th Ave
Residential -One (R-1)
24,002 square feet
±82 feet
Single family home
±1400 sf, built in 1947
Attached garage
±500 sf
Applicant/Owner Preliminary Proposal:
The applicant owns both parcels and is proposing to subdivide the property into three lots. The
subdivision will result in a new parcel on the north side to be used for development of a single family
home on W. 38th Place.
Will a neighborhood meeting need to be held prior to application submittal?
No, a neighborhood meeting is not required prior to a subdivision application.
Planning comments:
The following items were discussed based on the applicant's proposal:
Subdivision Plat
To divide the lots will require preparation of a subdivision plat by a licensed surveyor. This plat will
show the new lot lines line and will identify any new and existing easements on the property.
The review procedure for a subdivision depends on the number of lots created and/or if any public
right-of-way is dedicated. In this case there is a requirement to dedicate right-of-way for W. 38th
Avenue and W. 38th Place (see Public Works comments below). For this reason, the subdivision will
need to be reviewed by Planning Commission and City Council at public hearings. The review
process can take about 3 months, and the entire process is outlined below.
Zoning
The property is zoned Residential -One (R-1). For single-family homes in the R-1 zone district,
minimum lot size is 12,500 square feet and minimum lot width is 100 feet. If the property is divided
into three lots, it appears the new parcel to the north will be able to meet minimum R-1 standards for
lot size and lot width. The two parcels to the south should be able to meet minimum lot size
standards; they are currently substandard in width but this is considered an existing condition and
should not affect approval of the plat.
Utility Providers
The City of Wheat Ridge is not a full-service city. The utility and service providers for this property
include:
• Consolidated Mutual Water District, 303-238-0451
• Westridge Sanitation District, 303-424-9467
• Wheat Ridge Fire: 303-403-5900
The proposed subdivision plat will be sent on referral to these agencies for comment; however staff
encourages potential applicants to contact service districts ahead of time. This may help to understand
any design requirements and potential costs associated with the proposed project.
Parkland Dedication
Parkland dedication is required for all residential subdivisions based on the assumption that additional
residents in the City will impact the demand for parks and open space. When land is not dedicated for
a public park, a fee is required in lieu. The fee is based on the number of residential units that result
from the subdivision and is determined based on a standard formula and by recommendation from the
Parks and Recreation Commission. The formula is based on the assessed value of the property with
2
improvements, per section 26-421 of the subdivision code. The fee is paid at the time the plat is
recorded.
Building Division comments:
The building division was not present and has no comments at this time.
Public Works comments:
The following items were discussed based on the applicant's proposal:
Public Improvements
When new properties are created in the City through the subdivision process, staff reviews the
proposal based on current standards. In addition to ensuring that new parcels meets minimum lot size
and width standards, staff also confirms that adjacent street improvements meet current roadway
design and drainage standards.
In order to promote high-quality, multi -modal streets throughout Wheat Ridge, the Bicycle and
Pedestrian Master Plan establishes design standards for the City's bike/pedestrian routes. W. 38th
Avenue is identified in the plan as bicycle/pedestrian route. When a new subdivision is platted along
bike/ped routes, right-of-way dedication and/or installation of streetscape improvements are typically
required.
In this case two right-of-way dedications should be shown on the plat:
• On W. 38th Avenue, a 6 -foot right-of-way dedication should be shown on the plat. The
standard street section in this area should include a 6 -foot wide detached sidewalk and a 6 -foot
tree lawn. Because sidewalk is intermittent along W. 38th Avenue, the applicant has two
options: 1) install the new sidewalk and tree lawn within the right-of-way and pay for the
future construction of curb and gutter (when alignment is determined), or 2) pay a fee in lieu
for all improvements (sidewalk, tree lawn, curb and gutter). This fee will be due at the time
the plat is recorded and will be based on an itemized cost estimate of the improvements.
On W. 39th Avenue, a small irregular shaped tract of right-of-way will need to be dedicated.
The attached image shows this area of land. Curb and gutter will need to be installed in this
area. The applicant again has two choices: 1) sign a Subdivision Improvement Agreement
(SIA) and provide a bond or letter of credit in the amount of 125% of the cost of
improvements or 2) sign a Development Covenant Agreement and defer the costs to the future
developer of the property at which time the developer will be responsible for constructing the
improvements and posting the bond/letter of credit. In either case, a note on the plat will need
to reference the recorded agreement.
For additional requirements from Public Works please refer to the comments which were distributed at
the meeting and are enclosed.
Process
This request will require approval of a subdivision plat with right-of-way vacation. Review will entail
two public hearings, and the first step began with the pre -application meeting on May 16, 2013.
The subdivision process officially begins with the submission of a complete land use application and
fee. An appointment with a planner is required to submit the application; incomplete applicants
cannot be accepted. Sometimes the application is submitted by the engineering or surveying firm who
has been hired to prepare the plat document. After a complete application is submitted, a staff planner
will be assigned to handle the case. This person is the project manager for the case and will be the
contact at the City throughout the entire process.
Upon submittal, the application will be reviewed by the case manager and sent to affected agencies for
review. Service agencies (Xcel Energy, water district, fire district, etc) and other City departments
(Public Works, Building Division, etc) will be given 15 -days to review the application and respond
with corrections or comments. After all comments have been received, the case manager will forward
them to the applicant. Modifications to the plat document may be required as a result of these
comments. This review and comment process may occur several times before scheduling a public
hearing.
After all comments have been addressed, a public hearing before Planning Commission will be
scheduled. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews
various land use proposals. Prior to the Planning Commission hearing, publication in the Wheat Ridge
Transcript, notice to adjacent landowners within 300', and posting of the property with signs are
required. The City will coordinate the publication, will mail the notices of the hearing, and will
provide the applicant with the posting signs. The notifications and postings must occur at least 15
days prior to the public hearing.
The case manager will prepare a staff report with findings and a recommendation which will be
presented at the Planning Commission public hearing. At the hearing, after the staff report is given,
the applicant and members of the audience will be given a chance to give testimony regarding the
application.
For minor subdivisions with dedications, Planning Commission makes a recommendation to City
Council who is the final authority. The same requirements for adjacent landowner notification and
posting will be followed as for the Planning Commission public hearing. A staff report with
recommendations will be presented at the public hearing. While a subdivision request may be
approved at a public hearing, it does not become effective until the plat document is recorded with the
Jefferson County Clerk and Recorder's office.
Within 60 days of approval, a blackline mylar of the plat with original signatures and fees must be
provided to the City for recording with the Jefferson County Clerk & Recorder's office. A subdivision
improvement agreement with financial security will be required for the street paving. This agreement
is typically executed and recorded at the time of subdivision mylar recording.
Fees
The following is a summary of the City's fees which will be associated with the subdivision plat:
• Application Fee — $1100 ($800 + $100/lot)
• Public Notice Fee — $450
• Parkland Dedication Fee — to be determined (based on formula in code and Parks Commission
recommendation, usually at least a few thousand for the new lot)
• Public Improvement Fee (W. 38th Avenue) — to be determined (likely at least $6, 000 based on
length of frontage)
• Bond/Letter of Credit (W. 38th Place) — does not apply if Development Covenant Agreement is
used to defer this cost
4
• Recording fees — $11 for a one-page plat, $11 + $5/each additional page for the SIA or
Development Covenant
If any construction of public improvements is completed or if a new single-family home is proposed
for the new lot, additional fees will be assessed in association with ROW or building permits (see page
2 of public works comments).
Attachments: Public Works Comments dated May 16, 2013
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Lauren Mikulak — Planner II 303-235-2845
John Schumacher — Chief Building Official 303-235-2853
Dave Brossman — Development Review Engineer 303-235-2864
Mark Westberg — Projects Supervisor 303-235-2863
Lauren Mikulak
From: jack kennedy <kennedycustomdesign@msn.com>
Sent: Thursday, May 09, 2013 7:04 AM
To: Lauren Mikulak
Subject: Subdivision on 38th Ave
I'm Jack Kennedy, owner of 11075 and 11095 w. 38th Ave. Wheatridge, CO 80033. I'm looking to subdivide both
properties equally and turn them into 4 separate lots for single family homes. I'm looking to see what my expense will be
for this process, prior to construction. Can things like curb and gutter be paid for during the construction process rather
than the subdivision process?
Thank you,
Jack Kennedy
303-582-3351
Cell 303-921-7394
Sent from my Phone
V �J �.Z ``A V t� vA
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City of
Wh6at-"dP�
ge
COMMUN[TY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: August 20, 2009
Attending Applicant(s): Jack Kennedy
Address/Phone: 412 Evergreen Rd. Golden, CO 80403 (303) 582-3351
Attending Staff: Meredith Reckert — Senior Planner,
Adam Tietz — Planner
Dave Brossman — Development Review Engineer
Mark Westberg — Special Projects Engineer
Address or Specific Site Location:
1075-11095 W. 38" Ave.
Wheat Ridge, CO 80033
Existing Zoning: Residential One, R-1
Applicant/Owner Preliminary Proposal:
Existing Comp. Plan: Single Family
Detached Residential (Not to exceed four
dwelling unit's per acre)
The properties on which the action is being requested are currently zoned R-1, Residential One
District. The applicant is proposing to subdivide 11095 and 11075 W. 38th Ave. into 4 lots. The
applicant plans to leave the two single family homes on the lots that would have frontage along W.
38th Ave. and sell the vacant lots to interested parties looking to build single family homes on the
lots. The two newly created lots on the north will gain access from W. 381h Pl. while the two on
the south will have access to W.38th Ave.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will not be required for the subdivision platting process.
Planning comments:
The parcels on which the action is being requested are zoned Residential One District, R-1. This
district is established to provide high quality, safe quiet and stable low density residential
neighborhoods with single family dwelling units and to prohibit activities of any nature which are
incompatible with low density residential character.
The applicant currently owns 11075 and 11095 W. 38th Ave. The properties are long, narrow lots
but are very large. In 2006, the applicant met with staff where he initially was considering
changing the zoning to R-1 A and subdividing three lots (11075, 11095, 11111) into seven. The
application has changed and now only a 4 lot subdivision is being requested. The existing homes
at 11075 and 11095 W 38th Ave would remain and the two new lots could accommodate the
construction of new homes.
All lots of the subdivision would be substandard to the requirements for the minimum lot area
and/or width. As a result of creating substandard lots, variances to each lot will be required to be
requested that do not meet the minimum lot width requirement or the minimum lot area. Staff feels
requesting variances to the development standards would be appropriate for this situation.
A 5 foot reservation of the right-of-way will be required along West 38th Avenue in order
accommodate the widening of W. 38th Ave. The reservation will be in place to prohibit anything
new being constructed in this area. This will ensure that anything built between now and the W.
38th Ave improvement project will not have to be torn down as a result of the widening. However,
a dedication of right-of-way will be required along W. 38th Place as it is not constructed to the city
standard street section. The improvements to W. 38th Pl. will be required to be constructed when
the two lots on the north are developed. Typical improvements are the installation of curb, gutter,
and sidewalk. The dedication of land for the right-of-way and improvements to the frontage will
alter the size of the lots. Staff recommended taking this into account and changing lots
accordingly if the need arises.
Planning also discussed the requirements for the dedication of land for parks and open space which
is mandatory with any subdivision. In smaller subdivisions actual land is typically not dedicated
within the subdivided area. Instead of dedicating land in this subdivision the applicant will pay a
fee based on the size of the subdivision and number of new dwelling units created. That money
will be set aside in an account where it will be combined with other fees to purchase land for parks
and open space nearby.
The Process:
The applicant can submit their application for the subdivision at anytime. The applicant can also
at this time submit an application for a variance to the lot sizes. Since there is a dedication of land
required along W. 38th PI, public hearings before both the Planning Commission and City Council
will be required. The variances and subdivision processes can be simultaneous or separate.
Upon submittal of the application for the subdivision process, the application will be referred to
other departments and utility companies for 15 days. During the referral period the case manager
assigned to the lot consolidation will also review and make comments on the project.
When the referral is complete, the case manager will send back review comments from all referral
agencies to inform the applicant of issues that need to be addressed. All comments will need to be
addressed for a re -submittal. If all requirements are to the satisfaction of Community
Development Staff the applicant will be scheduled for a hearing before the Planning Commission
with a recommendation of approval, approval with conditions, or denial. At the hearing, staff will
present evidence to support their recommendation. The public will also be allowed to present
evidence or give testimony in support or in opposition of the project. The Planning Commission
2
will recommend approval or denial of the project based on the testimonies given by staff, applicant
and the public.
After Planning Commission the case will move on to City Council. City Council will make the
final determination to approve, approve with conditions or deny the application. The City Council
meeting will follow the same format as the Planning Commission, at which, the City Council will
give a final ruling on the case.
Public Works comments:
See attached comments.
Building comments:
Building Department not present at the meeting. Comments will be made upon application
submittal.
Streetscape / Architectural Design comments:
N/A
Attachments: Public Works comments, pre -application transmittal sheet, Minor subdivision (with
dedications) plat packet, variance packet
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Adam Tietz — Planner I 303-235-2845
John Schumacher — Building Official 303-235-2853
Dave Brossman — Development Review Engineer 303-235-2864
Mark Westberg — Special Projects Engineer 303-235-2863
3
��A14.
V City of
Wh6atRi e
City of Wheat Ridge
Pre -Application Transmittal Sheet
Meeting Date: August 20, 2009
Now that the required pre -application meeting has been held, the next step in the
process will be:
® Submit land use application ❑ Submit building permit
❑ Schedule a neighborhood meeting (a neighborhood meeting must be held prior
to submittal)
The following documents are required upon submittal:
®
Pre -application transmittal sheet
®
Property deed
®
Land use application
®
Letter of request
❑
Building permit application
❑
Property owner consent
❑
Full set of civil drawings
❑
Drainage Report
❑
Outline Development Plan
❑
Traffic impact letter
❑
Final Development Plan
❑
Traffic study
❑
Final Plat
❑
Soils report
®
Site Plan
❑
Grading/erosion control plan
®
Survey/I.L.C.
®
Electronic copy of Plat
(In AutoCAD format)
❑
Other:
All of the listed items must be submitted to constitute a complete application. If any of
the items are not included in the submittal, the application will be returned without
review.
City of Wheat Ridge Community Development Department
7500 W. 29th Avenue Wheat Ridge, CO 80033
Building Division - 303.235.2855 Planning Division - 303.235.2846
Inspection line - 303.234.5933 www. ci. wheatridge. co. us
City of
Wheat �dvre
PUBLIC WORKS
City of Wheat Ridge Municipal Building
August 20, 2009
Public Works Requirements:
7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.2 35.2861 F: 303.235.2857
Pre -Application Meeting
Jack Kennedy (11075-11095 W. 38th Ave.)
A. The following documents will be required with the subdivision application:
1. Final Plat: A Minor Subdivision Final Plat is required. Please submit for review and approval
two hardcopies and one electronic file of the revised Plat in AutoCAD 2004-2007 dwg format
on CD/DVD-ROM. The Plat can not be reviewed without the AutoCAD dwiz file.
2. ROW Dedication: A small irregular shaped tract of Right -of -Way dedication along the West
38th Place frontage shall be shown on the Plat. The width of dedication will be sufficient to
accommodate a standard 50' residential street section. (Please see attached aerial photo showing
the area of dedication per the City ROW mapping).
3. ROW Reservation: In order to accommodate the future design of this section of West 38th
Avenue, a 5.0' Right -of -Way reservation across the frontage of these two parcels will need to be
shown on the Final Plat.
4. Geodetic Surveying Requirements for Final Plats: A completed Geodetic Surveying
Requirements for Final Plats checklist must accompany the Final Plat submittal. (Please see
attachment). This document is required regardless of the surveying methodology used.
5. Itemized Engineer's Cost Estimate: Two itemized cost estimates must be submitted for review
and approval for the public improvements associated with this project:
a. An estimate for the public improvements to be constructed along the W. 38th Place
frontage and associated performance guarantee in the form of a Letter of Credit (LOC),
and
b. An estimate for which an escrow of funds will be taken in lieu of construction for the
curb, gutter, and sidewalk along the W. 38th Avenue frontage. The approved amount will
be referenced in an Escrow Agreement.
6. Subdivision Improvement Agreement: A Subdivision Improvement Agreement (SIA) will be
needed prior to recordation of the Final Plat. A Letter of Credit in the amount of the above-
mentioned approved itemized cost estimate for the public improvements to be constructed along
the W. 38t' Place frontage will be referenced in the SIA.
B. Documents 7-10 below are to be signed and sealed by a CO licensed Professional Engineer, and shall
be submitted for review and approval prior to issuance of any Building or Grading/Fill Permits:
7. Drainage Letter and Plan: Some water quality measures will be required per the City of Wheat
Ridge Site Drainage Requirements. A Drainage Letter shall be required stating how the parcels
are to be graded without impacting adjacent properties and specifying what items are to be
constructed for water quality (i.e., grass swales, depression, etc.). The Drainage Letter shall be
www.ci.wheatridge.co.us
Public Works Engineering
August 20, 2009
Page 2
accompanied by a Drainage Plan showing the proposed site grading, including percent grades,
drainage direction, and water quality features. Both drainage documents are to be signed and
sealed by a CO licensed Professional Engineer.
8. Grading & Erosion Control Plan: A Grading & Erosion Control Plan (signed and sealed by a
Professional Engineer) which includes details for all utilized BMP's both during and subsequent
to the proposed construction will be required.
9. Site Plan: A Site Plan included with the Construction Plans shall include the following:
a. 24" X 36" sheet format.
b. A vicinity map, scale, and north arrow.
c. The property boundary bearings & distances. Bearings are to be on the Current City Datum.
d. Existing (and proposed) contours at 2 -ft intervals on the NAVD88 datum.
e. Adjacent streets.
f. Location of all existing & proposed easements and rights-of-way, fences, walls,
drainageways, ditches, parking areas, buildings to be developed or retained on site.
10. Construction Plans: Construction Plans (signed and sealed by a Professional Engineer) for all
water quality and drainage -related items, i.e., swales, etc. and a Plan & Profile for W. 38th Place.
Include all applicable COWR standard details for proposed constructed items.
C. Miscellaneous Items:
11. Letters of Credit: The public improvements shall be constructed along the West 38`h Place
frontage with this project. A Letter of Credit (LOC) in the amount of 125% of the constructed
improvements shall be taken prior to issuance of the first Certificate of Occupancy. Upon
completion of all public improvements and acceptance by the City Inspector, the original Letter
of Credit will be surrendered. At this time a 2 -year warranty period for the public improvements
shall commence. Upon commencement of the 2 -year Warranty Period, a 2nd Letter of Credit in
the amount of 25% of the original itemized engineer's itemized cost estimate shall be submitted
to the City of Wheat Ridge and be dated so as to expire on the 2 -year anniversary of the
Warranty Period commencement date. The City shall retain the Warranty Letter of Credit for the
entire 2 -year Warranty Period. Upon completion of the 2 -year Warranty Period, the 2nd Letter of
Credit shall be surrendered by the City of Wheat Ridge. If at any time during said 2 -year
Warranty Period the City Inspector deems that the constructed public improvements are in need
of repairs or replacement, the Developer shall complete such work upon request, or the City will
draw on the Warranty LOC funds to complete the repairs.
12. Escrow of Funds: The City of Wheat Ridge Streetscape Manual requires improvements along
the W. 38th Avenue frontage. At this phoint in time the City does not have a construction project
scheduled for this section of West 38t Avenue. Therefore, an escrow of funds will be taken in
lieu of construction for these items. The amount of the escrow of funds will be based upon the
engineer's cost estimate of vertical curb & gutter and a detached sidewalk to be submitted for
review and approval with the civil engineering documents. The escrow of funds shall be required
prior to issuance of any Building or Grading/Fill Permits.
13. Escrow Agreement: An Escrow Agreement will accompany the above-mentioned escrow of
funds taken for the curb, gutter, and sidewalk across the W. 38th Avenue frontage. The
Agreement will be required prior to issuance of any Building or Grading/Fill Permits.
www.ci.wheatridge.coms
(08-20-09) 11075-95 W38th Ave Jack Kennedy.doc
Public Works Engineering
August 20, 2009
Page 3
NOTES:
1. Information pertaining to the Public Works Development Review requirements, Land
Surveying/ROW information, and the City's Standard Street Construction and Erosion Control
Details are available under the Public Works Department page on the City of Wheat Ridge
website:
www.ci.wheatridge.co.us
2. Proof of Ownership for the property, e.g., Warranty Deed(s), Title Commitment(s), etc.
3. A signed and sealed Drainage Certification Letter from the Engineer -of -Record (P.E. who
prepared the Drainage Letter/Plan) and As -Built Plans for all drainage facilities and all
improvements within the public Right -of -Way shall be submitted for review and approval prior
to issuance of any Certificate of Occupancy
4. Submittals will not be considered as being under review until all of the above stated
submittal requirements have been received. Incomplete submittals will be returned to the
applicant without being reviewed.
www.ci.wheatridge.coms
(08-20-09)11075-95 W38th Ave Jack Kennedy.doc
11075-11095 W. 38th Ave.
Legend
ROW Proposed
ROW_CURRENT
NAVD88 Contours
Type
Index
Intermediate
Road Centerline
CLASS
Primary road, interstate highway and limited access mad
Secondary roatl, U.S. highway
Connecting roatl, county roads
- Neighborhood roads, city streets and unimproved mads
Special Road Feature
rr SDE.WRGIS.Parcels
L..r
City Boundary
N
W E
S
40 20 0 40
Feet
Horizontal Coordinate System:
NAD83/92 State Plane, Colorado Central Zone 0502
Vertical Datum: NAVD88
DISCLAIMER NOTICE:
This is a pictorial representation of geographic and
demographic information. Reliance upon the accuracy,
reliability and authority of this information is solely the
requestor's responsibility. The City of Wheat Ridge, in
Jefferson County, Colorado - a political subdivision of
the State of Colorado, has compiled for its use certain
computerized information. This information is available
to assist in identifying general areas of concern only.
The computerized information provided herein should only
be relied upon with corroboration of the methods,
assumptions, and results by a qualified independent
source. The user of this information shall indemnify and
hold free the City of Wheat Ridge from any and all
liabilities, damages, lawsuits, and causes of action that
result as a consequence of his reliance on information
provided herein.
W ZcatRJdLYc
7500 West 29th Avenue
Wheat Ridge, CO 80033-8001
303.234.5900
DATE: 08/20/2009
WHEgT,PO
i
U Rt
cOLoRA�o
Wheat Ridge Community Development Department
PRE -APPLICATION MEETING SUMMARY
Meeting Date: December 14, 2006
Attending Applicant(s): Jack Kennedy
Address/Phone: 412 Evergreen Rd. Golden, CO 80403 (303) 582-3351
Attending Staff: Meredith Reckert — Senior Planner,
Travis Crane — Planner II
Adam Tietz — Planner I
Dave Brossman — Development Review Engineer
Address or Specific Site Location:
11075-11111 W. 38th Ave.
Wheat Ridge, CO 80033
Existing Zoning: Residential One, R-1
Applicant/Owner Preliminary Proposal:
Existing Comp. Plan: Single Family
Detached Residential (Not to exceed four
dwelling unit's per acre)
The properties on which the action is being requested are currently zoned R-1,
Residential One District. The applicant is proposing to rezone 11095, 11075 and 11111
W. 38th Ave. to R -1A and subdivide the three lots to make seven smaller lots for single
family homes. The zone change is being requested because 11075 and 11095 lot sizes
do not meet all the R-1 lot development standards. The applicant plans to build 7 single
family homes that will be at least 2500 sq. ft. on the subdivided and rezoned lots. The
three lots on the north will gain access from W. 38th Place, and one will gain access from
Pierson Ct. The three properties on the south will have access to W.38t Ave.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will not be required for the platting process. One will be required
for a zone change.
Planning comments:
The parcels on which the action is being requested are zoned Residential One District, R-
1. This district is established to provide high quality, safe quiet and stable low density
residential neighborhoods with single family dwelling units and to prohibit activities of any
nature which are incompatible with low density residential character.
The applicant currently owns 11075 and 11095 W. 38th Ave. and is in the process of
purchasing 11111 W. 38th Ave. All three properties are long, narrow lots but are very
large. The applicant initially was considering changing the zoning to R -1A and
subdividing the existing three lots into seven. The new lots could then accommodate the
construction of new homes on these properties. The existing homes at 11075 and 11095
W 38th Ave would remain for a few years while the house at 11111 would be demolished
and used as a construction staging area for the four newly created lots that would have
frontage on W 38th PI. and Pierson Ct.
If the property is over an acre in size, conversion of the property to a higher density
residential zoning will entail rezoning the property to a Planned Residential Development
District. The City's planned development approval process is comprised of two steps.
The first step is the rezoning approval, which requires submittal of an outline development
plan. The outline development plan would rezone the property and define the allowable
uses for the property, as well as establish development standards such as minimum
landscaped coverage, maximum building height and maximum building coverage.
The second step is approval of a final development plan and platting. The final
development plan addresses the finer details of the development including landscaping,
architectural design of the proposed structure(s), and drainage improvements. Both steps
require public hearing review by Planning Commission and City Council.
The outline development plan and final development plan and plat can be processed
individually or can be reviewed concurrently. The concurrent process will reduce the
number of required public hearings.
Planning staff recommended that the applicant keep the zoning as is and subdivide the
property even though the lots currently do not meet the 100 -foot lot width minimum.
When the applicant comes in to apply to subdivide the lots he must also apply for a
variance for all the lots that do not meet the minimum lot width requirement. Staff feels
that this process would be more appropriate for this situation, less time consuming and
less cumbersome.
Land on this site would have to be dedicated for water detention. Because of this
requirement one of the lots would probably be lost due to the area required for water
detention, taking the subdivision down to 6 lots.
The applicant did have some concerns saying the reduction of lots to 6 could possibly
make the development unfeasible. Public Works did mention other methods of detaining
water which would allow for the 7 lots. These methods are more expensive but they
would meet the drainage requirements. One possible solution to this would be creating
water quality swales.
Roadway dedication would be required along West 38th Avenue. Additional dedication of
right-of-way would also be required along W. 38th Place as well. The dedication of land for
the right-of-way and improvements to the frontage will alter the size of the lots. Staff
recommended taking this into account and changing lots accordingly if need arises.
Planning also discussed the requirements for the dedication of land for parks and open
space which is mandatory with any subdivision. In smaller subdivisions actual land is
typically not dedicated within the subdivided area. Instead of dedicating land in this
subdivision the applicant will pay a fee based on the size of the subdivision and number
of new dwelling units created. That money will be set aside in an account where it will be
combined with other fees to purchase land for parks and open space nearby.
Both Planning and Public Works were also concerned with construction of the new homes
because the area has a very high water table. Other homeowners in the area have had
problems with water coming in the basements of their homes and need to run sump
pumps to prevent this from happening. The applicant was aware that the water table in
the area was high and was planning on building homes accordingly. He said that the
construction of the homes would be from the ground up and would not be built with
basements
The first step in the process began with the pre -application meeting
If the applicant should choose to subdivide the lots with the current zoning as major
subdivision the applicant may submit their application with all documents required for
review without holding a neighborhood meeting. The applicant can also at this time
submit an application for a variance to the lot sizes.
If the applicant chooses to change the zoning on the property, the second step required
by the Community Development Department will be to conduct a neighborhood meeting.
For this meeting, the applicants must inform all property owners via mail or hand delivery
within a 600 foot radius of the properties on which the request is being applied for. The
Community Development Department will supply the applicant with a list of the all
property owners within the 600 foot radius. A sample of this letter can be found in the
pre -application meeting packet and can be used as a template. However, changes to the
letter should be made to suit the applicant, including the letterhead.
The meeting should be coordinated with the assigned staff member who will also review
the notification letter for content. A fee of $100 is required for staff to be present at this
meeting. Meetings can be held at city hall or any location the applicant desires. All costs
associated with meeting, its location, and mailings will be paid by the applicant. The
meeting will be led by the applicant and should inform those who are in attendance what
is being proposed. After the neighborhood meeting is held, the applicant may submit their
application for the request. (see zone change packet)
Both the application for the zone change and subdivision may be submitted
simultaneously for review. Incomplete applications will not be accepted or reviewed. All
required documents must be included with the application otherwise the application will
be considered incomplete.
Upon submittal of any application, the assigned staff member will review and make
comments on the project. These comments will need to be addressed before a public
hearing date is set. The project will simultaneously be reviewed by other departments
and utility companies for their comments.
When the review is complete the staff planner will inform the applicant of other issues
from other departments that need to be addressed or if all requirements have been met.
If all requirements are to the satisfaction of Community Development Staff the applicant
will be scheduled for a hearing before the Planning Commission with a recommendation
of approval, approval with conditions, or denial. At the hearing, staff will present evidence
to support their recommendation. The public will also be allowed to present evidence or
give testimony in support or in opposition of the project. The Planning Commission will
recommend approval or denial of the project based on the testimonies given by staff,
applicant and the public.
After Planning Commission the case will move on to City Council. City Council will make
the final determination to approve, approve with conditions or deny the application. The
City Council meeting will follow the same format as the Planning Commission, at which,
the City Council will give a final ruling on the case.
Public Works comments:
See attached comments.
Building comments:
Building Department not present at the meeting. Comments will be made upon
application submittal.
Streetscape / Architectural Design comments:
N/A
Attachments: pre -application transmittal sheet, major subdivision plat packet, variances
packet, zone changes (to a planned development district) packet, Public Works
comments
Phone Numbers
Meredith Reckert — Senior Planner
Travis Crane — Planner II
Adam Tietz — Planner I
Chad Root — Building Official
Dave Brossman — Development Review Engineer
303-235-2848
303-235-2849
303-235-2845
303-235-2853
303-235-2864
My name is Jack Kennedy. I am the current owner of 11095 38th Ave. and 11075
38th Ave. and I'm looking to purchase 11111 38th Ave. It is my understanding that this
land was zoned agricultural prior to when Applewood Village Estates was subdivided and
zoned to R1. The two homes I own, 11095 and 11075 are not legal because they do not
have at the required 100 ft. of frontage so I am proposing to rezone my property and the
property at 11111 38th Ave. if I purchase it. I have drawn a preliminary plat of what I
would like to do, if I'm able to get this property to a R1A zoning. I believe that all changes I
have made follow the requirements, all lots exceeded the 9000 sq ft requirement. These
lots will be for single family homes, not smaller than 2500 sq ft. in size and all construction
will follow the guidelines set forth by the city of Wheat Ridge. The new lots behind 11095
and 11075 are to be entered from 38th place. The three lots of 11111 38th Ave. to be en-
tered from Pierson Court. The traffic impact will be minor. I have also spoken to a couple
of members of the homeowners association of Applewood Village Estates, to get their input
on what I would like to do. The members I spoke to were agreeable to the rezoning and
improvement of this area. They offered me track A if I would join the association. This is
something I am considering. This would increase the lot size of the lots on Pierson Court.
I also acquired a tape of the meeting of the Applewood Village Estates subdivision that
grants me access on Pierson Court, if necessary. It is my belief that members of this com-
munity expected these improvements to eventually happen on these properties. I would
like you to please consider my request for rezoning of this property at this time. Thank you
for your time.
Jack Kennedy
412 Evergreen Rd.
Golden, Colorado 80403
(303) 582-3351
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City Of
]PrWh6atRJdF-re
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant,. Q,�4-
cityf2r�-
Address l i � �; L) ef" ,/ Ve- Pho
State Cp 12 - Zip Fax
Z
Owner -J-,4-L' k 7— Address�f L� Lil�jQ� i�p /�(� Phoneme
City.'d% //,W/
6cl/( Stated Zip &Z Fax
Contact J 1 Address_ L1/z PhoneX82 3351
city State C_,) Zip X01/2 z, Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): %d0c16- -P//97� a -;8 T)i4de- iM,-,ff�,e)at aq
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
O Change of zone or zone conditions
O Special Use Permit f Subdivision: Minor (5 lots or less)
O Consolidation Plat
O Conditional Use Pen -nit O Subdivision: Major (More than 5 lots)
O Flood Plain Special Exception
O Site Plan approval O Temporary Use, Building, Sign
O Lot Line Adjustment
O Concept Plan approval O Variance/Waiver (from Section )
O Planned Building Group
O Right of Way Vacation O Other:
Detailed description of request �j,(rq
"7149 lJlf fC!S 176 �l fs _�i</� ✓�`?/��
Required information:
Assessors Parcel Number:
Size of Lot (acres or square footage): ' 5-00 3q Q fi
Current Zoning:
Proposed Zoning:
Current Use: i k q (
Proposed Use: �&S iV fA7 74-)
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in fling this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested acti n cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorney fro
owner which approved of this action on his behalf.
Signature of Applicant
Subscrib sworn to me this LL day of,] i t 1(j 20_/a_
Notary Public
My commission expires
To be filled out by staff:
22
Date received 07-'-1-�J
i
Fee $ I5W•Oo Receipt No.�WT17�e Case No. wal 3-0
Comp Plan Desig.
Zoning It- 1 Quarter Section Map SWQLA
Related Case No. N /it
Pre -App Mtg. Date 05-1 V x013 Case Manager Rec &-V t
Case No. MS1304 Date Received 7/1712013 11elated Cases Case Planner Reckert
Case Descriptior3-lot minor subdivision with dedication
A,oyvrSicarmf /rn/�nne�a'irofrr
Name Jack T. Kennedy Name
Phone (303) 582.3351
Address 11075 -11095 W. 38th Ave. City
Wheat Ridge
State CO
zip 80033-
OrmerInAwzwbipw
Review Body Review Date Disposition
Comments
Name Jack T. Kennedy -� Name (_
PublicHearin 9
L
Phone (303) 582-3351
PC - -
__� I --v--
_
Address 412 Evergreen Rd.e �
l City
_
Bla ck Hawk
State ;CO
---
Zip 180422-
Cornfa cl1ktA7AvdJri w
Name Jack T. Kennedy Name j
Phone ,(303) 582-3351
j
Address 412 Evergreen Rd. I City
._._..._.. _ �
Black Hawk
State Coo
Zip 80422-
_
Flv*cf Inshsnaaahoar�
Case Disposition
Disposition Date
Address 11075 Street 'W.38thAve.
City 'Wheat Ridge
State CO Zip 80033 Q
Location Description 1 1 075 -11 095 W. 38th Ave.
Project Name
Parcel No Qtr Section District No
Parcel No.
`39-213-03-035
Qtr Section: SW21 District No.: III
3921303035 SW21 3
3921303036 SW21 3
I3er+nr
Pre -App Date 5116/20131 Neighborhood Meeting Date
App No: APP1313 a
Review Type
Review Body Review Date Disposition
Comments
Report
PublicHearin 9
L
C.
PC - -
__� I --v--
�
(Public Heann
L -J
CC
DiaFos
Case Disposition
Disposition Date
Conditions of Approval
Notes
Res # I z Ord # —
CITY Of WHEAT RIDGE
07/17/13 8:44 AM edba
'Y.,
r i 5D 7 t a9 6 APPI l :AT qty F133.00
ZONE
EV, .i}'8J JJi-.. 0ii
TOTAL 1, 551.66
Status Open
Storage:
0
FBI
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