HomeMy WebLinkAboutWA-18-01City of
Wheat �idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
April 4, 2018
Michael Kalicak
4575 Tennyson St. #103
Denver, CO 80212
Re: Case No. WA -18-01
Dear Mr. Kalicak:
7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that your request for two independent variances: A) approval of a 9 -foot (36%)
variance from the 25 -foot side yard setback requirement when adjacent to a public street. B)
approval of a 2.5 -foot (50%) variance from the additional 5 -foot side yard setback requirement for
a third story in the Residential -Three (R-3) zone district for the property located at the northeast
corner of 33rd Avenue and Ames Street (Lots 10 and 11, Columbia Heights Resubdivision of
Block 5) has been approved.
Enclosed is a copy of each Approval of Variance. Please note that all variance requests
automatically expire within 180 days (October 4, 2018) of the date it was granted unless a
building permit for the variance has been obtained within such period of time.
Please feel free to be in touch with any further questions.
Sincerely,
Tammy Odean
Administrative Assistant
Enclosure: Approval of Variance
Case Report
Cc: WA -18-01 (case file)
WA1801.doc
www.cLwheatridge.co.us
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
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Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at the northeast
corner of 33rd Avenue and Ames Street (Lots 10 and 11, Columbia Heights Resubdivision of Block
5) referenced as Case No. WA -18-01 / Novy Development; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that approval of a 9 -foot (36%) variance from the 25 -
foot side yard setback requirement when adjacent to a public street (Request A, Case No. WA -18-
01 / Novy Development) is granted for the property located at the northeast corner of 33' Avenue
and Ames Street (Lots 10 and 11, Columbia Heights Resubdivision of Block 5), based on the
following findings of fact:
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The request would not be detrimental to public welfare.
4. The circumstances necessitating the variance are present in the neighborhood and not
unique to the property.
5. The proposed investment in market rate housing at a key location in the City is supported
by the Neighborhood Revitalization Strategy.
With the following conditions:
1. The design and site plan of the proposed residential structure shall be consistent with the
representation depicted in the application materials, subject to staff review and approval
through review of a site plan.
2. The Site Plan be in sntial compliance with the applicable standards set forth in the
Architectural and Sits sign Manual.
L
Yate
Community Development Director
IVll4
7500 West 29th Avenue City of
Wheat Ridge, Colorado 80033 f Wh6atR1g e
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at the northeast
corner of 33rd Avenue and Ames Street (Lots 10 and 11, Columbia Heights Resubdivision of Block
5) referenced as Case No. WA -18-01 / Novy Development; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that approval of a 2.5 -foot (50%) variance from the
additional 5 -foot side yard setback requirement for the third story of a multifamily principal
structure in the R-3 zone district (Request B, Case No. WA -18-01 / Novy Development) is granted
for the property located at the northeast corner of 33rd Avenue and Ames Street (Lots 10 and 11,
Columbia Heights Resubdivision of Block 5), based on the following findings of fact:
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The applicant is proposing a product that would meet the City's bulk plane regulations, if
they were applicable to this development.
4. The request would not be detrimental to public welfare.
5. The circumstances necessitating the variance are present in the neighborhood and not
unique to the property.
With the following conditions:
1. The design and site plan of the proposed residential structure shall be consistent with the
representation depicted in the application materials, subject to staff review and approval
through review of a site plan.
2. The Site Plan a in subst tial compliance with the applicable standards set forth in the
Architectura and Site D n Manual.
enneth TostonK, AI D to
Community Developm t Director
�ty
Wheaoftj�dge
POSTING CERTIFICATION
CASE NO. WA -18-02
DEADLINE FOR WRITTEN COMMENTS: March 30, 2018
(name)
residing at 4�S'7S ! !A/W rSaN D&Ye2, Cc, So zip
(address)
as the applicant for Case No. WA -18-01 hereby certify that I have posted the sign for
Public Notice at the NEC of 33'd & Ames (approx. 3300 Ames Street)
(location)
on this day of /qA zcg. and do hereby certify that said sign has been
posted and remained in place for ten (10) days prior to and including the deadline for written
comments regarding this case. The sign was posted in the position shown on the map below.
Signature: a, z
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
33R D AVE `
MAP
. M41
r
City of
Wheat edge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
■ The sign must be located within the property boundaries.
• The sign must be securely mounted on a flat surface.
■ The sign must be elevated a minimum of thirty (30) inches from ground.
■ The sign must be visible from the street without obstruction.
■ The sign must be legible and posted for ten (10) continuous days prior to and
including the deadline for written comments [sign must be in place until 5pm on
March 30, 2018]
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
City of
�wheat�idge
TO:
CASE MANAGER:
CASE NO. & NAME:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Community Development Director
Zack Wallace Mendez
WA -18-01 / Novy Development
ACTION REQUESTED: The applicant is requesting approval of two independent variances:
(A) Approval of a 9 -foot (36%) variance from the 25 -foot side yard setback
requirement when adjacent to a public street;
(B) Approval of a 2.5 -foot (50%) variance from the additional 5 -foot side yard
setback requirement for a third story in the Residential -Three (R-3) zone
district.
LOCATION OF REQUEST: Northeast corner of 33' Avenue & Ames Street (Approx. 3300 Ames Street)
APPLICANT (S): Mike Kalicak, Novy Development
OWNER (S): Novy Development
APPROXIMATE AREA: 18,762 square feet (0.43 acres)
PRESENT ZONING: Residential -Three (R-3)
PRESENT LAND USE: Vacant Lot
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
Location Ma
(X)
ZONING ORDINANCE
CF NV ER
Site
Administrative Review 1
Case No. WA -18-01 /Novy Development
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ZONING ORDINANCE
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Site
Administrative Review 1
Case No. WA -18-01 /Novy Development
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
I. REQUEST
The applicant is requesting approval of variances from two development standards in order to construct
row houses on vacant land at the northeast corner of 331 Avenue and Ames Street, zoned Residential -
Three (R-3).
Request A: Approval of a 9 -foot (36%) variance from the 25 -foot side yard setback requirement
when adjacent to a public street.
Request B: Approval of a 2.5 -foot (50%) variance from the additional 5 -foot side yard setback
requirement for the third story of a multifamily principal structure in the R-3 zone district.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of
Community Development to decide upon applications for administrative variances from the strict
application of the zoning district development standards that are not in excess of fifty (50) percent of
the standard.
Because this is a multi -family development with intended for -sale units, the site design and
architecture will need to be reviewed with a site plan submittal. The individual lots will also need to
subdivided in order to be sold.
II. CASE ANALYSIS
The variance is being requested so the property owner may construct a three-story, five -unit row house
building. The property is zoned Residential -Three (R-3), a zone district that provides for high quality,
safe, quiet, and stable medium to high-density residential neighborhoods.
The subject property is located at the northeast corner of 33rd Avenue and Ames Street, one block west
of Sheridan Boulevard (Exhibit 1, Aerial). This area is located in the Columbia Heights Resubdivision
of Block 5. As was previously noted, the property is zoned R-3. Much of the surrounding area is zoned
Residential -One C (R -1C) and R-3. The neighboring property to the east is zoned Neighborhood
Commercial (NC), and is home to the Retreat at Highlands Assisted Living Center. ;(Exhibit 2, Zoning
Map).
The subject property has an area of 18,762 square feet and is currently vacant. This land area includes
the entire width of the vacated alley that was originally platted between Sheridan Boulevard and Ames
Street. When the alley was vacated the property owner on each side was given half the width (8 feet) of
the alley. The applicant has been proactive in obtaining the unused 8 foot strip from the neighbor to the
east in order to increase the buffers and lessen the necessary variance requests.
The subject property was at one time held in common with the property immediately to the north,
which consists of a 22 -unit apartment building constructed in 1958 and a parking lot. The structure was
built prior to the incorporation of the City of Wheat Ridge, and is considered a legally non -conforming
Administrative Review
Case No. WA -18-01 /Novy Development
structure, as it does not comply with the City's current density limitations. In 2013, a determination
was made by the City Attorney which found that when developed, the County did not rely upon the
entirety of the property (5 lots) for approval of the apartment building. As such the southern two vacant
lots (the subject property) have been deemed developable under the City's current development
standards.
The R-3 zone district requires a 25 -foot setback for any frontage adjacent to a public street. The subject
property has frontage along Ames Street and 33rd Avenue, thus requiring a 25 -foot setback along both
frontages. The applicant is requesting a 9 -foot (36%) variance from this standard to allow a 16 -foot
setback adjacent to Ames Street. The R-3 zone district also calls for the following: "Side and rear yard
setbacks shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each
additional story over two (2) stories." The applicant is proposing a 3 -story building, meaning the third
story needs to be setback an additional 5 -feet from the property line as compared to the first and
second stories. The applicant is requesting a 2.5 -foot (50%) variance from the additional 5 -foot
setback. ;(Exhibit 3, Request).
Apart from the two requested variances, the proposed development will meet all other density
limitation and development standards !(Exhibit 4, Site Plan and Elevations).
R-3 Development Standards for
Multifamily structures:
Required
Proposed
Lot Area (for 5 units)
18,150 square feet min
18,762square feet
Lot Width (corner lot)
100 feet (min)
124.25 feet (Ames St.)
151 feet (33rd Ave.
Height
35 feet max
—33 feet
Building Coverage
40% max
—31%
Front Setback (33rd Ave.)
25 feet min
—40 feet
Side Setback west- Ames St.
25 feet min
16-18 feet
Side Setback (east)
15 feet (1St and 2nd story)
20 feet 3rd Story)
15-17.5 feet
17.5 feet
Rear Setback
15 feet
—32 feet
During the public notification period one inquiry was received by a nearby neighbor inquiring about
what the developer intended to construct on the property. The conversation was informative in nature
and the neighbor did not state any objections to this variance request. Other than the one neighbor, no
inquires or objections were received.
III. VARIANCE CRITERIA
In order to approve an administrative variance, the Community Development Director must determine
that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been
met. The applicant has provided their analysis of the application's compliance with the variance
criteria'(Exhibit 3, Request). Staff provides the following review and analysis of the variance criteria.
Request A: Approval of a 9 -foot (36%) variance from the 25 -foot side yard setback requirement
when adjacent to a public street.
Administrative Review
Case No. WA -18-01 /Novy Development
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located.
If the request were denied, the property would be able to yield a reasonable return in use. The
property would continue to allow single-family, duplex, and multifamily residential
development within the established R-3 development standards.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
A variance is not likely to alter the character of the locality.
The proposed setback of 16 feet along Ames Street will set the building closer to the street than
most buildings along the block. However, the right-of-way for Ames Street measures 60 feet
wide, larger than the City's typical local street section of 53 feet. This street width, plus the
proposed setback and existing setbacks on the west side of Ames will place the proposed
structure nearly 25 feet from the flowline of Ames Street, and nearly 100 feet away from the
homes along the west side of Ames Street (Exhibit 5, Neighborhood Context). This should help
to create adequate buffering around the proposed structure from surrounding uses despite the
reduced setback.
It should also be noted that this 16 -foot setback represents a small frontage along Ames Street,
only 12 linear feet of building mass, and is used to achieve building articulation. The majority
of the building will be setback an additional 2 feet (approx. 18 feet from the right-of-way)
(Exhibit 4, Site Plan and Elevations).
An additional element that can be seen in Exhibit 4, Site Plan and Elevations is the traditional
architectural elements the applicant has proposed for the building. With sloped roof lines and
more traditional architectural elements than typically seen with three-story designs, the
proposed building will not stand in stark contrast to the surrounding built environment.
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
The applicant is proposing a substantial investment in the property, transforming it from a
vacant lot into five "for sale" residential units. If the variance were not granted, the property
could still be developed, but with fewer or smaller units, reducing the potential investment.
Smaller units would also likely limit the proposed garages to smaller than is reasonable for the
parking of 2 vehicles, as is currently provided in the plans. While there is adequate street
parking in the area, the provision of full two -car garages helps the property meet its parking
requirement, and may preemptively address any neighbors' concerns about parking issues.
Staff finds this criterion has been met
Administrative Review
Case No. WA -18-01 /Novy Development
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
Being a corner lot, this property requires an additional 10 feet of side yard setback where it
abuts Ames Street as compared to a typical midblock R-3 zoned lot. This limits the ability of a
developer to fully utilize the property's area (while respecting most development standards and
density limitations) and maximize the number of units available on the lot in a strained housing
market, in addition to ensuring the units and price points appeal to the modern homebuyer.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship is being created by the design of the proposed structure.
Staff finds this criterion has not been met.
6. The granting of the variance would not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located,
by, among other things, substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or increasing
the danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of the
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request. The proposed structure would be approximately 70 feet from the apartment
building to the north. It would also provide an approximately 40 -foot setback along 331
Avenue, well in excess of the 25 -foot requirement. Even with the proposed reduced setback
along Ames Street, the building would sit approximately 25-27 feet from the flow line, and
approximately 100 feet from the single-family homes on the east side of Ames Street ',(Exhibit
S, Neighborhood Context).
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets. The request partly centers around being able to provide
garages that are an adequate width to reasonably park two cars. This is the City code
requirement, and Staff worked with the applicant and building division at the beginning of this
variance process to determine a garage width that reasonably accommodates two vehicles to
reduce the likelihood of 331d and Ames Street becoming congested with parked cars, and
allowing enough supply of on -street parking for the remainder of the neighborhood residents.
Administrative Review
Case No. WA -18-01 /Novy Development
The development would not increase the danger of fire. It is unlikely that the request would
impair property values in the neighborhood. In fact some evidence finds that new
development, such as the development proposed, has a positive impact on property values.
Staff finds this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The circumstances necessitating this variance request rest in being able to provide reasonably
priced market rate units that match the real estate market in the neighborhood, as is encouraged
by the Neighborhood Revitalization Strategy in key locations. The proximity to Sheridan
Boulevard, the commercial businesses along 29`x' Avenue, as well as proximity to Edgewater,
Sloan's Lake and downtown Denver, make this a key location for denser residential living. In
addition to appropriate price points, the width necessitating the Ames Street variance request
lies in the ability to provide a reasonably wide two -car garage widths, which is important to the
modern homebuyer as well as the City's parking requirements, and the neighborhood's parking
supply.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
This variance would not result in any additional accommodation of a person with disabilities.
Staff finds this criterion has not been met.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual
While this is not a site plan submittal requiring full architectural elevations, the material and
color palette elevations and renderings submitted with the variance application appear to be
generally near conformation with the Architectural and Site Design Manual. If approved, and
the project moves forward it would require a site plan review, during which time Staff would
ensure that the proposed building is in full compliance with the ASDM. (Exhibit 4, Site Plan
and Elevations).
Staff finds this criterion has been met.
Request B: Approval of a 2.5 -foot 50% variance from the additional 5- bot side yard setback
requirement f6r the third story of a mukELamily Principal structure in the R-3 zone district
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located.
Administrative Review
Case No. WA -18-01 /Novy Development
If the request were denied, the property would be able to yield a reasonable return in use. The
property would continue to allow single-family, duplex, and multifamily residential
development within the established R-3 development standards.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
The proposed reduction of the additional 5 -foot setback requirement for the 3rd story is located
on the east side of the property, bordering an existing institutional land use. Over the past
several years there has been an increasing sensitivity to the massing of new structures,
particularly in this East Wheat Ridge area. With this in mind, the applicant provided a bulk
plane analysis, indicating that the proposed structure would comply with the City's bulk plane
regulations (Exhibit 4, Site Plan and Elevations). Currently the bulk plane regulations only
apply to single-family structures in the R -I C and R-3 zone districts. That being said, it still is
significant that this proposed three-story structure has large enough setbacks that it is able to
comply with the City's bulk plane regulations that would otherwise apply to the majority of
properties in the immediate vicinity to the west and south.
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
The applicant is proposing a substantial investment in the property, transforming it from a
vacant lot into five "for sale" residential units. If the variance were not granted, the property
could still be developed, but with fewer or smaller units, reducing the potential investment.
Staff finds this criterion has been met
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
The physical surrounding, shape or topographical conditions do not result in a particular
hardship. The additional 3rd story setbacks are required on most duplex or multifamily
structures in the zone districts that allow these types of structures, regardless of location.
Staff finds this criterion has not been met
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship is being created by the design of the proposed structure.
Staff finds this criterion has not been met.
Administrative Review
Case No. WA -18-01 /Novy Development
6. The granting of the variance would not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located,
by, among other things, substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or increasing
the danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of the
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request. The proposed structure would be approximately 70 feet from the apartment
building to the north. It would also provide an approximately 40 -foot setback along 33rd
Avenue, well in excess of the 25 -foot requirement. The reduction in the step back requirement
would most impact an existing institutional land use. Additionally, even with a reduced step
back requirement on the 3rd floor, if the City's bulk plane requirements were to be applied to
this project, it would comply (Exhibit 4, Site Plan and Elevations).
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets. The development would not increase the danger of fire.
It is unlikely that the request would impair property values in the neighborhood. In fact some
evidence finds that new development, such as the development proposed, has a positive impact
on property values.
Staff finds this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The additional 5 feet of setback is required only for duplex and multifamily buildings in the R-
2, R -2A, R-3, and R -3A zone districts. Multi -family structures in the immediate area zoned R-3
were either built prior to this setback requirement or are only one to two -stories in height. The
single-family homes to the south and north are predominately zoned R-1 C, and would be
subject to the City's relatively new bulk plane regulations, which the proposed structure would
comply with.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
This variance would not result in any additional accommodation of a person with disabilities.
Staff finds this criterion has not been met.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual
Administrative Review
Case No. WA -I8-01 I Novy Development
While this is not a site plan submittal requiring full architectural elevations, the material and
color palette elevations and renderings submitted with the variance application appear to be
generally near conformation with The Architectural and Site Design Manual. If approved, and
the project moves forward it would require a site plan review, during which time Staff would
ensure that the proposed building is in full compliance with the ASDM. (Exhibit 4, Site Plan
sand Elevations).
Staff finds this criterion has been met.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Request A: Approval of a 9 -foot (36%) variance from the 25 foot side yard setback requirement when
adjacent to a public street.
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 9 -foot (36%) variance from the 25 -foot side yard setback requirement when adjacent
to a public street. Staff has found that there are unique circumstances attributed to this request that
would warrant approval of a variance. Therefore, staff recommends approval for the following
reasons:
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The request would not be detrimental to public welfare.
4. The circumstances necessitating the variance are present in the neighborhood and not unique to
the property.
5. The proposed investment in market rate housing at a key location in the City is supported by
the Neighborhood Revitalization Strategy.
With the following conditions:
1. The design and site plan of the proposed residential structure shall be consistent with the
representation depicted in the application materials, subject to staff review and approval
through review of a site plan.
2. The Site Plan be in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Request B: Approval of a 2.S foot (5001o) variance from the additional 5 -foot side yard setback
requirement for the third story of a multifamily principal structure in the R-3 zone district.
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 2.5 -foot (50%) variance from the additional 5 -foot side yard setback requirement for
the third story of a multifamily principal structure in the R-3 zone district. Staff has found that there
are unique circumstances attributed to this request that would warrant approval of a variance.
Therefore, staff recommends approval for the following reasons:
Administrative Review 9
Case No. WA -18-01 /Novy Development
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The applicant is proposing a product that would meet the City's bulk plane regulations, if they
were applicable to this development.
4. The request would not be detrimental to public welfare.
5. The circumstances necessitating the variance are present in the neighborhood and not unique to
the property.
With the following conditions:
1. The design and site plan of the proposed residential structure shall be consistent with the
representation depicted in the application materials, subject to staff review and approval
through review of a site plan.
2. The Site Plan be in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Administrative Review 10
Case No. WA -18-01 /Novy Development
EXHIBIT" 1: AERIAL
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Administrative Review 11
Case No. WA -18-01 /Novy Development
EXHIBIT 2: ZONING MAP
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Case No. WA -18-01 /Novy Development
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EXHIBIT 3: REQUEST
01 NOVY DcVC_LOPM(FNT
March 14, 2018
City of Wheat Ridge
Community Development
7500 W 291, Ave
Wheat Ridge, CO 80033
Dear Wheat Ridge Community Development:
RE: NE Comer of 331 Ave & Ames St. — Revised Variance Request
Novy Development, LLC has acquired Lots 10 and 11 together with the West ''/z and East 1/2 of the
vacated alley adjoining these lots.
As described in the attached Site Plan, Novy Development has intentions to develop a five -unit
rowhome development. In order to best serve the community and maximize the utility of the comer lot,
Novy is seeking the following Variances to the Residential -Three District (R-3) Zoning Code described
in Sec. 26.211:
Request A: 9 -foot variance to the 25 -foot Minimum Side Yard Setback footnote (d) along Ames
St. Building envelope will primarily require 7 -foot variance. However, the bump -out shown in
the renderings attached is 2 -feet, requiring a 9 -foot variance which is crucial to add to the
aesthetic along Ames and activate the first two levels of the structure.
Request B: 2.5- foot variance to the additional 5 -foot Side Yard Setback requirement for a third
story applicable along the eastern boundary. Despite this variance, the proposed project conforms
to the bulk plane requirement established under IRC code in Wheat Ridge for residential
dwellings.
The requests above comply with the majority of criteria for review set forth in section 26.115. Most
notably:
1. The variances would not alter the essential character of the locality
2. Novy is proposing a substantial investment in the property that may not be possible without the
variances
3. Request A: The lot has two street frontages which require increased setbacks, which have not
been adhered to along 331 Ave among other properties on the corridor. The contemplated
townhomes will set back further from most neighboring properties along 331 Ave. and set back
further than the required 25 -foot setback, further justifying the variance along Ames St. The
overall bulk and scale of the project will not be cumbersome to the neighborhood based on the
larger than required setback on 33rd and minor variance along Ames.
4575 Tennyson St. # 103 - Denver. CO
Phone: 720.608.9006 - mkallcak@novydevelopment.com
Administrative Review 13
Case No. WA -18-01 /Novy Development
4. The request would not be detrimental to public welfare
5. The circumstances necessitating the variances are present in the neighborhood
6. Perceived setbacks along 33rd Ave. and Ames St. will appear larger given the 5' right of way
improvements along 33rd and Ames.
The block bordered by 341 and 33rd to the north and south, and Sheridan and Ames to the east and west,
is currently being used for commercial and multifamily use. There are no single family residential
improvements within the block, therefore, the requested variances will not materially alter the aesthetics
of the block or neighborhood.
Novy is very aware of the sensitivity to bulk and scale in the neighborhood. In order to avoid a -slot-
home" style development, which has come under much scrutiny due to its bulk and unactivated ground
level, and deliver a true rowhome or townhome product, it is imperative the project achieves a variance
toward Ames St. Parking is a primary concern in developing this parcel of land. Without any leniency
toward Ames St. or a slight variance on the east side third story, the units become narrow, vertical
dwellings which may not be able to accommodate a usable or functional two car garage and bedrooms.
Novy's intent in developing this lot is to bring a fimctional, livable product to market which the Denver
metro area has not often seen, and Novy does not intend to replicate the slot -home structure.
The angle of the pitched roof abides by Wheat Ridge's IRC bulk plane requirement for residential
dwellings, even with the approved 2.5 -foot third floor variance. See the attached rendering depicting the
conformity. The third story setback variance will allow for a functional third bedroom in the eastern
most unit. This is the most salable product for the area, and without the third story variance, the product
becomes undesirable for the neighborhood and resale.
The intention is all sides of the building envelope will engage and activate the streetscape and avoid a
structure which has blank, bulky wall or inactivated ground level along 331d or Ames. This is the
primary reason the variance is 9 -feet along Ames to accommodate the bump -out. When thinking of land
use issues and activating a street level, there are a number of advantages which come from moving the
property slightly closer to Ames St., but most notably, there will be a great visual appeal and street level
activation with this minor variance. Furthermore, zoning around the subject property on all sides allows
for the same height, 35'. The requested variance will not materially impact the scale of the
neighborhood based on the allowed land uses.
Please reach out to Mike Kalicak at 720.608.9006 or mkalicak c&ovydevelopment.com. I look forward
to working with your team and discussing the potential project
Sincerely,
14" le -z- 4
Michael Kalicak
Principal, Novy Development, LLC
4575 Tennyson A #103 Denver, CO
Phone: 720.608.9006 mkalicaMnovydevelopment.com
Administrative Review 14
Case No. WA -18-01 l Novy Development
EXHIBIT 4: SITE PLAN & ELEVATIONS
Administrative Review 15
Case No. WA -I8-01 /Novy Development
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Administrative Review 16
Case No. WA -18-01 /Novy Development
VICINITY MAP
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SITE LOCATION
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Project Data W. 33rd Ave. 6 Amar St,Wheat Ridge, CO 80212
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LEVEL DESCRIPTION STORYABOVEGRADE • OCC
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Required
Proposed
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IRC Tovadrouae
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Leve103 I Resident.1 Story 03
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18,763 SF
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9,890 SF
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--—
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5,634 3F (31%)
It Building Coverage 40%(Mas.)
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Number of Units 5 -
PROPOSED 2' DRIVE APRON
Bed—eAJ.it 3
Parking Count
Porting Data PROVIDED TYPE
Total Psrlung: Cars 10 (5) 2 -Cor Garages -1 per urA
Building Description
LEVEL DESCRIPTION STORYABOVEGRADE • OCC
FLOOR AREA
1I
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IRC T.-huse
5,834 SF
Laval 02 Reslderu.1 Story 02
IRC Tovadrouae
5,919 SF
Leve103 I Resident.1 Story 03
IRC TowNrouse
,4,550 SF
TOTALS 3 Slndee
—
18,203 SF
Applicable Codes:
2012 International Building Code
2012 International Residential Code
2012 International Fire Code
2012 International Energy Conservation Code
2012 International Mechanical Code
2014 National Electrical Code
2012 International Plumbing Code
2012 International Fuel and Gas Code
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EXHIBIT 5: NEIGHBORHOOD CONTEXT
Administrative Review 17
Case No. WA -18-01 l Novy Development
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EXHIBIT 6: SITE PHOTOS
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View of the property from 33rd Avenue looking north. Ames Street is to the left. The 9 -foot setback
reduction is proposed from the 25 -foot required setback from the property line that abuts this street.
Administrative Review 19
Case No. WA -18-01 /Novy Development
4
View of the property from 33' Avenue. The apartment building to the left is 3330 Ames Street. The
proposed structure will be approximately 70 feet away from 3330 Ames Street. The side of the
proposed structure facing this existing building is where the additional 5 -feet of setback are
required. 3330 Ames street does not conform the additional setback on the Yd story.
Administrative Review 20
Case No. WA -18-01 /Novy Development
City of
Oe -Wheat - idgeOMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 29' Ave. Wheat Ridge, CO
LETTER NOTICE
March 21, 2018
Dear Property Owner:
80033-8001 P: 303.235.2846 F: 303.235.2857
This is to inform you of Case No. WA -18-01 request for approval of two
independent variances: A) Approval of a 9 -foot (36%) variance from the 25 -foot
side yard setback requirement when adjacent to a public street. B) Approval of a
2.5 -foot (50%) variance from the additional 5 -foot side yard setback requirement
for a third story in the Residential -Three (R-3) zone district on property located at
3300 Ames Street. The attached aerial photo identifies the location of the variance
request.
The applicant for this case is requesting a variance eligible for administrative
review per section 26-115.0 of the Municipal Code to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on March 30, 2018.
Thank you.
WA1801.doc
www.ci.wheatridge.co.us
Site Plan
Site
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BREEN SHANNA
BSA LLC
EDDY DARCIE
3289 AMES ST
865 CIRCLE DR
3305 AMES ST
DENVER CO 80212
BOULDER CO 80302
WHEAT RIDGE CO 80212
GAGNON RAYMOND A JR GAGNON
ELIZABETH M
MACIAS LILIANA
MAMMALSMART PROPERTIES INC
3319 AMES ST
4203 S BAHAMA ST
833 MCARTHUR DR
WHEAT RIDGE CO 80212
AURORA CO 80013
LITTLETON CO 80124
MOONRAKER LLC SPK LIMITED LLC
3315 AMES ST 200 LI PAN ST
WHEAT RIDGE CO 80212 DENVER CO 80223
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VICINITY MAP
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Fencing Gam PROVIDED
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Project Data
W. 33rd Ave. 6 Ames St,Wheat Rdge, CO 80212
Level 01 Reelder 5.1 Sorry 01
Regaired
Proposed
Zoning
Residential Thea (R3)
5,919 SF
L.I.. Area (SF)
18,150 SF (Min.)
18,763 SF
TOTALS 3 Slanea
PICKET FENCE
(Sa' Alley Aq.Wd..)
" Setback Pdmary St
'
N 89055'58" W 151.00'
Wast 33rdAve.
29a^
No Variance Requeamdl
Setbaek Sid.
_
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16'a-/2aa^ (3rd Level)
17-8^ (2-e Varianoe3rd Level)
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25'-W
1W -W lW Variance)
Setback Rear
Allay
15'a" 120'-0' 3rd Level
No Variance Requesmd
MperviouaCwerege (SF)
10,000 SF (Max.)
9,890 SF
BL@dng Area (Foolpdnt SF)
7,505 SF (40% Max.)
5,634 SF (31 %)
% of Suildlrg Coverage
40% (Max.)
31%
i131M.9 Height
35' (Mex,)
34'3'
Dwelling Units
-- ------------------------------i
Number of Unita
5
BedoomsM1lnit
3
Parking Count
Fencing Gam PROVIDED
TYPE
Total Parldng: Can; 10
(5) 2 -Car Garages -1 per unit
Building Description
r -
LEVEL DESCRF710N STORY ABOVE GRADE OCC
FLOOR AREA
Level 01 Reelder 5.1 Sorry 01
IRC Townhouse
5,634 SF
Level 02 R.W.mml Sorry 02
IRC Townhouse
5,919 SF
Leval 03 Residential Sorry W
IRC Townhouse
4,650 SF
TOTALS 3 Slanea
PICKET FENCE
16,203 SF
Applicable Codes:
2012 International Building Code
2012 International Residential Code
2012 International Fire Code
2012 International Energy Conservation Code
2012 International Mechanical Code
2014 National Electrical Code
2012 International Plumbing Code
2012 International Fuel and Gas Code
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March 14, 2018
City of Wheat Ridge
Community Development
7500 W 29th Ave
Wheat Ridge, CO 80033
Dear Wheat Ridge Community Development:
RE: NE Corner of 33rd Ave & Ames St. — Revised Variance Request
Novy Development, LLC has acquired Lots 10 and 11 together with the West %i and East %z of the
vacated alley adjoining these lots.
As described in the attached Site Plan, Novy Development has intentions to develop a five -unit
rowhome development. In order to best serve the community and maximize the utility of the comer lot,
Novy is seeking the following Variances to the Residential -Three District (R-3) Zoning Code described
in Sec. 26.211:
Request A: 9 -foot variance to the 25 -foot Minimum Side Yard Setback footnote (d) along Ames
St. Building envelope will primarily require 7 -foot variance. However, the bump -out shown in
the renderings attached is 2 -feet, requiring a 9 -foot variance which is crucial to add to the
aesthetic along Ames and activate the first two levels of the structure.
Request B: 2.5- foot variance to the additional 5 -foot Side Yard Setback requirement for a third
story applicable along the eastern boundary. Despite this variance, the proposed project conforms
to the bulk plane requirement established under IRC code in Wheat Ridge for residential
dwellings.
The requests above comply with the majority of criteria for review set forth in section 26.115. Most
notably:
1. The variances would not alter the essential character of the locality
2. Novy is proposing a substantial investment in the property that may not be possible without the
variances
3. Request A: The lot has two street frontages which require increased setbacks, which have not
been adhered to along 33rd Ave among other properties on the corridor. The contemplated
townhomes will set back further from most neighboring properties along 33' Ave. and set back
further than the required 25 -foot setback, further justifying the variance along Ames St. The
overall bulk and scale of the project will not be cumbersome to the neighborhood based on the
larger than required setback on 331 and minor variance along Ames.
4575 Tennyson St. # 103 Denver, CO
Phone: 720.608.9006 mkalicak@novydevelopment.com
4. The request would not be detrimental to public welfare
5. The circumstances necessitating the variances are present in the neighborhood
6. Perceived setbacks along 33rd Ave. and Ames St. will appear larger given the 5' right of way
improvements along 331 and Ames.
The block bordered by 34' and 33rd to the north and south, and Sheridan and Ames to the east and west,
is currently being used for commercial and multifamily use. There are no single family residential
improvements within the block, therefore, the requested variances will not materially alter the aesthetics
of the block or neighborhood.
Novy is very aware of the sensitivity to bulk and scale in the neighborhood. In order to avoid a "slot -
home" style development, which has come under much scrutiny due to its bulk and unactivated ground
level, and deliver a true rowhome or townhome product, it is imperative the project achieves a variance
toward Ames St. Parking is a primary concern in developing this parcel of land. Without any leniency
toward Ames St. or a slight variance on the east side third story, the units become narrow, vertical
dwellings which may not be able to accommodate a usable or functional two car garage and bedrooms.
Novy's intent in developing this lot is to bring a functional, livable product to market which the Denver
metro area has not often seen, and Novy does not intend to replicate the slot -home structure.
The angle of the pitched roof abides by Wheat Ridge's IRC bulk plane requirement for residential
dwellings, even with the approved 2.5 -foot third floor variance. See the attached rendering depicting the
conformity. The third story setback variance will allow for a functional third bedroom in the eastern
most unit. This is the most salable product for the area, and without the third story variance, the product
becomes undesirable for the neighborhood and resale.
The intention is all sides of the building envelope will engage and activate the streetscape and avoid a
structure which has blank, bulky wall or inactivated ground level along 33rd or Ames. This is the
primary reason the variance is 9 -feet along Ames to accommodate the bump -out. When thinking of land
use issues and activating a street level, there are a number of advantages which come from moving the
property slightly closer to Ames St., but most notably, there will be a great visual appeal and street level
activation with this minor variance. Furthermore, zoning around the subject property on all sides allows
for the same height, 35'. The requested variance will not materially impact the scale of the
neighborhood based on the allowed land uses.
Please reach out to Mike Kalicak at 720.608.9006 or mkalicak@novydevelopment.com. I look forward
to working with your team and discussing the potential project.
Sincerely,
i4" 16&4
Michael Kalicak
Principal, Novy Development, LLC
4575 Tennyson St. # 103 • Denver, CO
Phone: 720.608.9006 • mkolicak@novydevelopment.com
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Zackary Wallace
From: Michael Kalicak <mkalicak@novydevelopment.com>
Sent: Thursday, February 22, 2018 8:32 AM
To: Zackary Wallace
Cc: Lauren Mikulak
Subject: Re: 33rd -Ames Variance Request Package.pdf
Zack & Lauren,
Just wanted to give you a quick update. With the request of the renderings to depict scale on the site, I have
decided to move forward with a formal bid process from a few architecture firms. The renderings will
essentially fall into the first design phase, so I want to lock in my architecture firm for the entirety of the
project. I hope to have something for you in the next two weeks, but I will keep you apprised if anything
changes.
Mike
4% Novy Qevebp.Terk
Michael Kalicak
314.803.5391
mkalicakAnovydevelopment.com
On Feb 12, 2018, at 4:21 PM, Zackary Wallace <zwallaceCo ci.wheatrid e.co.us> wrote:
Hi Mike,
A sketch elevation may be appropriate, depending on the level of detail. If it can show the design, bulk
and mass, and those factors' interaction with neighborhood character, then it certainly may be
appropriate to supply a sketch elevation.
I'll be out of town starting tomorrow through next Tuesday. I'll be back in the office Wednesday,
February 21. I've cc'd Lauren Mikulak on this email, she is the Planning Manager and has been kept
apprised of your application's progression. Please reply all to this email so we can loop her in and keep
things moving forward, so my absence does not delay further progress.
Thanks,
Zack Wallace Mendez
Planner II
303-235-2852
<image001.png>
From: Michael Kalicak imailto:mkalicak nov develo ment.comj
Sent: Monday, February 12, 2018 8:22 AM
To: Zackary Wallace <zwallace ci.wheatrid e.co.us>
Subject: Re: 33rd—Ames Variance Request Package.pdf
Zack,
Would you and Ken be OK with a sketch elevation? If I am going to go down the road of
preparing a full set of elevations which would typically come in schematic design, I am putting
quite a bit of expense at risk if the request is not approved exactly as designed. If you are cool
with a sketch, I will likely go this route.
Lastly, would you and Ken be open for a meeting once I have the sketch completed? It would be
great to meet Ken regardless, but it would also be nice to be able to discuss the request to help
push this forward.
Thanks,
Mike
<image002.png>
Michael Kalicak
314.803.5391
mkalicak(cnovvdevelmment.com
On Feb 9, 2018, at 4:11 PM, Zackary Wallace <zwallace rv'ci.wheatrid e.co.us>
wrote:
Mike,
Apologies for the delayed response, it's been quite a week.
Ken expressed that having only 1 setback variance request along Ames Street is certainly
more palatable than the 3 requests. I know I originally told you that elevations were not
necessary, but I think they may really help Ken during his decision to be able to visualize
the development, design, bulk, mass, and what you are envisioning for the property. As
previously mentioned, the onus is on you to provide some strong evidence and
arguments supporting the variance request, so I would work on beefing up the narrative
and response to criteria.
Thanks,
Zack Wallace Mendez
Planner II
303-235-2852
<image001.png>
From: Michael Kalicak fmailto:mkalicak@novvdeveloipment.com
Sent: Friday, February 9, 2018 2:53 PM
To: Zackary Wallace <zwaIlace ci.wheatrid e.co.us>
Subject: Re: 33rd—Ames Variance Request Package.pdf
Hi Zack,
Just wanted to follow up on my previous email and voicemail today. Any word
back from Ken on whether or not he feels comfortable signing off on a the new
request? If not, it might make sense to see if we can get a meeting together to see
how we can get this buttoned up so I can continue to push this forward.
Thanks,
Mike
<image002.png>
Michael Kalicak
314.803.5391
mkalicak nov develo ment.com
On Feb 2, 2018, at 4:31 PM, Zackary Wallace
<zwallacea:ci.wheatridge.co.us> wrote:
Hi Mike,
Apologies for the delay. I brought the application to our Planning
Division meeting to discuss. The Community Development Director, who
can decide upon administrative variances, was present and provided
some comments on the proposal. One of the main issues that came up
the request for 3 variances, as it signals to the Director that perhaps the
zoning isn't the right fit. Also, with the increasing sensitivity of the
neighborhood to bulk and scale, there were concerns raised about the
cantilevered portion of the units extending into the setback along Ames,
which also presents much more massing than the sides of structures as
was previously proposed.
I would be happy to work with you on alternative site designs.
Zack Wallace Mendez
Planner II
303-235-2852
<image001.png>
3
From: Michael Kalicak [mailto:mkalicak nov develo ment.com
Sent: Thursday, February 1, 2018 10:47 AM
To: Zackary Wallace <zwaIlace @ci.wheatridge.co. us>
Subject: Re: 33rd—Ames Variance Request Package.pdf
Hi Zack,
You mentioned last week I should check in mid -week if I have not
heard from you, so I just wanted to shoot you a note to see if you
needed anything from me on the variances.
Mike
<image002.png>
Michael Kalicak
314.803.5391
mkalicak nov develo ment.com
On Jan 30, 2018, at 8:26 AM, Zackary Wallace
<zwallace it,ci.wheatrid ,e.co.us> wrote:
Mike,
Thanks for your quick responses to my initial questions,
it is very much appreciated.
An update site plan showing those overhangs would be
incredibly helpful!
Thanks,
Zack Wallace Mendez
Planner II
303-235-2852
<image001.png>
From: Michael Kalicak
[mailto:mkalicak•qjnov develo ment.com]
Sent: Tuesday, January 30, 2018 8:16 AM
To: Zackary Wallace <zwallace ci.wheatridge.co.us>
Subject: Re: 33rd—Ames Variance Request Package.pdf
Zack,
I should have offered in my previous email, but we
are happy to provide an updated site plan showing
the new setbacks and the overhanging 2nd and 3rd
floors along 33rd if you like. Just let me know if it
would be helpful for you.
Mike
<image002.png>
Michael Kalicak
314.803.5391
mkalicak(6novydevelop_ment.com
On Jan 26, 2018, at 2:23 PM,
Zackary Wallace
<zwallacerr..ci.wheatridge.co.us>
wrote: 4
Hi Mike,
Thanks for sending over the electronic
copy of your application.
Having been able to glance at things
quickly this morning I have a few
questions for you:
1. Can you explain the
33rd Avenue variance to me in
more detail? From what I'm
seeing on the plans, the
building (heavier line weight)
appears to sit 25 feet away
from the 33rd Avenue property
line. Porches, decks, patios that
are open on 3 sides are allowed
to encroach into the front
setback up to 8 feet (per
Section 26-611). Based on what
I'm reading from the site plan,
we are looking at a 2 foot
variance in order to allow the
porch to be 10' deep. Is this
correct?
2. It appears the garage doors
measure about 16.5' wide, and
the units are 22.5'. If you could
consider widening the opening
to 18' and the units to 23' wide
(to ensure a useable 2 -car
garage), Staff is comfortable
with the additional 2' variance
that would be required on the
Ames Street frontage.
3. 1 know you are still early in the
planning stages, but during the
pre -application meeting it was
mentioned that a bulb -out at
33rd & Ames might be
appropriate. Have you
considered adding this to more
clearly define and buffer the
on -street parking? This is of
course, not relevant to the
variance, but just curious as we
move forward.
Thanks,
Zack Wallace Mendez
Planner II
303-235-2852
<i mage001. p ng>
From: Michael Kalicak
[mailto:mkalicak@novvdevelopment.co
ml
Sent: Thursday, January 25, 2018 3:14
PM
To: Zackary Wallace
<zwallace@ci.wheatridge.co.us>
Subject: 33rd—Ames Variance Request
Package.pdf
Zack,
Please see the pdf request documents
attached. As briefly discussed in the
office, I think the 5' variance along
Ames St. is most important to me. In
order to make these units desirable in
a non -urban setting, it is important to
be able to widen these units out for,
6
as you mentioned,
"livability". Again, this would take
the setback from the property line to
20', but the perceived setback would
be 25' given the ROW
improvements.
Please let me know if you have any
questions. Have a great weekend.
Thanks,
Mike
submitted BY A]
City CA planner.
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LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant Michael Kalicak
Address, City, State, Zip 4575 Ten
Phone 314.803.5391
St. #103, Denver, CO 80212
Email mkalicakC novydevelopment.com
Owner Novy Development Phone 720.608.9006 Email same
Address, City, State, Zip same
Contact Same
Address, City, State, Zip
Phone
Email
(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): Vacant Land, NE Corner of 33rd and Ames St.
Type of action requested (check one or more of the actions listed below which pertain to your request):
O Change of Zone or Zone Conditions 0 Special Use Permit O Subdivision - specify type:
0 Planned Development (ODP, SDP) 0 Conditional Use Permit 0 Administrative (up to 3 lots)
O Planned Building Group 0 Site Plan 0 Minor (4 or 5 lots)
0 Temporary Use, Building, Sign 0 Concept Plan 0 Major (6 or more lots)
O Variance/Waiver (from Section 26- 211 0 Right of Way Vacation 0 Other:_
Detailed description of request: " Request A: 5 -foot variance to the 25 -foot Minimum Side Yard Setback footnote (d)
along Ames St. Request B: 10 -foot variance to the 25 -foot Minimum Front Yard
Setback along 33rd Ave. Request C: 2.5 -foot variance to the additional 5 -foot Side
Yard Setback requirement for a third story applicable along the eastern boundary on
the proposed site plan
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
.filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lawfully be accomplished. Applicants other than owners
from the owner which approved of this action on his behalf. MICHILLE A TO"RES
NOTARY RUBLIC
STATE OF COLORADO
Notarized Signature of Applicant NOTARY ID 20124021893
State of Colorado MY COMMISSION EXPIRES 04x'16/2020
County of S( } ss
The regoingi sA
tr u,��;nt (Land `se Processing A lication) was acknowledged by me this93 day of } 120
by �
a ugCJi—m_) My commission expires "7 /I (0 /20 96
Notary Public
To be filled out b staff:
Date received I' - ��--�$
Comp Plan Design.
Related Case No.
Assessor's Parcel No. .36)-
Size (acres or sgfl) -J44 Dp � E
Rev 1122/ 2016
Fee S d oo, C*
Receipt No. ('. E 14 p 1 $�o qte
Pre -App Mtg. Date t 2 - 21- 1 '7
Current Zoning 9.-3
Proposed Zoning
Case No. - *03
Quarter Section Map
Case Manager ! Sa&,C-t A -UA -L
Current Use L
Proposed Use
... hCity of
atP
Jxx33cciilY yyyq�>yq;yy �y
...F1�Vtv1[`.&WE°Vri§ LJCY �'�MlAgtv{RAV~A
Submittal Checklist: Variance
Rev. 512014
Project Name: 33rd & Ames Rowhomes
Project Location: NE CORNER OF 33RD AND AMES ST.
Application Contents:
A variance provides relief from the strict application of zoning standards in instances where a
unique physical hardship is present. The following items represent a complete variance
application:
1. Completed, notarized land use application form
2. Application fee
3. Signed submittal checklist (this document)
�4. Proof of ownership—e.g. deed
ne 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
V 6. Written request and description of the proposal
Include a response to the variance review criteria—these are found in Section
26-115 of the municipal code
Include an explanation as to why alternate designs that may comply with the zoning
standards are not feasible
_ Include an explanation of the unique physical hardship that necessitates relief
�7. Survey or Improvement Location Certificate (ILC) of the property
V 8. To -scale site plan indicating existing and proposed building footprints and setbacks
na 9. Proposed building elevations indicating proposed heights, materials, and color scheme
L.:f of Wheat Rid6112�lsal� 14:9 CDDA
7;:H1'AU APP'_I PION r -LE':
M511 2MiN, Ak'PLIt-:f:iJN FH,s ':10.rs
PA119f.`:I RECENED fflMI h T
45 f 75A 288.09
AUTii ENE: 074476
TUAI- xNO.'-�A
As applicant for this project, I hereby ensure that all of the above requirements have been included with
this submittal. I fully understand that if any one of the items listed on this checklist has been excluded,
the documents will NOT be distributed for City review. In addition, l understand that in the event any
revisions need to be made after the second (2nd) full review, I will be subject to the applicable resubmittal
fee.
Signature:
Name (please print): Michael Kalicak
Date: 1/23/2018
Phone: 314.803.5391
Community Development Department - (303) 235-2846 • www.ci.wheatridge.co.us
January 23, 2018
City of Wheat Ridge
Community Development
7500 W 291 Ave
Wheat Ridge, CO 80033
Dear Wheat Ridge Community Development:
RE: NE Corner of 331d Ave & Ames St. — Variance Request
Novy Development, LLC has acquired Lots 10 and 11 together with the West %2 of the
vacated alley adjoining these lots associated with the address in the subject line. Novy
Development is also under contract to purchase the East t/2 of said alley.
As described in the attached Site Plan, Novy Development has intentions to develop a
five -unit rowhome development. In order to best serve the community and maximize the
utility of the corner lot, Novy is seeking the following Variances to the Residential -Three
District (R-3) Zoning Code described in Sec. 26.211:
Request A: 5 -foot variance to the 25 -foot Minimum Side Yard Setback footnote
(d) along Ames St.
Request B: 10 -foot variance to the 25 -foot Minimum Front Yard Setback along
33rd Ave.
Request C: 2.5 -foot variance to the additional 5 -foot Side Yard Setback
requirement for a third story applicable along the eastern boundary on the
proposed site plan
The requests above comply with the majority of criteria for review set forth in section
26.115. Most notably:
1. The variances would not alter the essential character of the locality
2. Novy is proposing a substantial investment in the property that may not be
possible without the variances
3. Request B: The lot has two street frontages which require increased setbacks,
which have not been adhered to along 33rd Ave. Additionally, it is being
contemplated the western most townhome may have front yard access facing
Ames St., further improving the streetscape design along this corridor.
4. The request would not be detrimental to public welfare
5. The circumstances necessitating the variance are present in the neighborhood
4575 Tennyson St. #103 • Denver, CO
Phone: 314.803.5391 • mkalicak@novydevelopment.com
6. Perceived setbacks along 33rd Ave. and Ames St. will appear larger given the 5'
right of way improvements along 33rd and Ames.
The block bordered by 34" and 33rd to the north and south, and Sheridan and Ames to the
east and west, is currently being used for commercial activity and multifamily housing.
There are no single family residential improvements within the block, therefore, the
requested variance will not materially alter the aesthetics of the block or neighborhood.
Without a dedicated alley and in efforts to minimize the amount of access points along
33rd or Ames, a drive isle is limited to the north or east, the two aspects with the least
setbacks which require the development to be pushed closer to Ames and 331. The north
or east setback, whichever houses the drive isle, will far surpass the required setback
reducing the density on the parcel.
Please reach out to Mike Kalicak at 720.608.9006 or mkalicak@novydevelopment.com.
I look forward to working with your team and discussing the potential project.
Sincerely,
l �
Michael Kalicak
Principal, Novy Development, LLC
4575 Tennyson St. # 103 . Denver, CO
Phone: 314.803.5391 - mkalicak@novydevelopment.com
BOUNDARY AND TOPOGRAPHIC SURVEY
A PORTION OF THE NE 1/4 OF SECTION 25, T. 3 S., R. 69 W., 6TH P.M.
LOTS 10 AND 11, TOGETHER WITH THE WEST 1/2 OF THE VACATED ALLEY ADJOINING SAID LOTS, A RESUBDIVISION OF BLOCK FIVE COLUMBIA HEIGHTS, PLAT BOOK 6 PAGE 44
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
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3300 AMES ST
A PORTION OF THE NE 1/4 OF SECTION 25, T. 3 S.," R. 69 W., 6TH
COUNTY OF JEFFERSON, STATE OF COLORADO
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N 89°55'58" W 151' (AFTER ACQUISITION)
EXISTING _CONCRETE _WALK
_
LOT ZONING: RESIDENTIAL -THEE (R-3)
LOT AREA WITH 8' ALLEY ACQUISITION = 18,763 SQ.FT
MIN LOT AREA = 3630 X 5 = 18,150 SQ.FT.
MAX BUILDING COVERAGE = 40% = 7,505 SQ.FT.
PROPOSED BUILDING COVERAGE = 6,104'
PROPOSED IMPERVIOUS COVERAGE = 9,939 SQ.FT.
MAX BUILDING HEIGHT = 35'
WEST 33RD AVENUE
(60' PUBLIC R.O.W.)
a CONCEPTUAL SITE PLAN
1 SCALE: na l_n
NORTH .r •�iwrr.rvi,� w,.; n,v.•+wi:k
I
I
EVstudio I
Denver/Austin
5335 W 48th Ave.
Denver, CO 80212
303 . 670 . 7242
design@evstudio.com
www.evstudio.com
Multi Family
Residence for
Novy Development
i
33rd and Ames
Wheat Ridge
State of
Colorado
COPYRIGHT 2018
SHEET TITLE
REVISION
CONCEPTUAL
SITE PLAN
JANUARY 21, 2018
DRAWN BY
D.A.D.
PROJECT NUMBER
I
C017-087
I SHEET NO.
C1
I
I
i
,I
/I
EXISTING 15'1 STAND 2ND LEVEL REAR SETBACK
EXISTING 20' 3RD LEVEL REAR SETBACK
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EXISTING _CONCRETE _WALK
_
LOT ZONING: RESIDENTIAL -THEE (R-3)
LOT AREA WITH 8' ALLEY ACQUISITION = 18,763 SQ.FT
MIN LOT AREA = 3630 X 5 = 18,150 SQ.FT.
MAX BUILDING COVERAGE = 40% = 7,505 SQ.FT.
PROPOSED BUILDING COVERAGE = 6,104'
PROPOSED IMPERVIOUS COVERAGE = 9,939 SQ.FT.
MAX BUILDING HEIGHT = 35'
WEST 33RD AVENUE
(60' PUBLIC R.O.W.)
a CONCEPTUAL SITE PLAN
1 SCALE: na l_n
NORTH .r •�iwrr.rvi,� w,.; n,v.•+wi:k
I
I
EVstudio I
Denver/Austin
5335 W 48th Ave.
Denver, CO 80212
303 . 670 . 7242
design@evstudio.com
www.evstudio.com
Multi Family
Residence for
Novy Development
i
33rd and Ames
Wheat Ridge
State of
Colorado
COPYRIGHT 2018
SHEET TITLE
REVISION
CONCEPTUAL
SITE PLAN
JANUARY 21, 2018
DRAWN BY
D.A.D.
PROJECT NUMBER
I
C017-087
I SHEET NO.
C1
When recorded return to:
Novy Development, LLC
4575 Tennyson St., Unit 1.03
WARRANTY DEED
THIS DEED, Made this December 13, 24117 between
Cray Properties Wheattidge, L,L,C.
of the City and County of Jefferson and State of COLORADO, grantor, and
Navy Development, LLC as tenant in.soveralty whose legal address is 4579 Tennyson.St, Unit 103, Denver, Co
80215
of the City and County of Jefferson; State of Colorado, grantee(s);
WITNESS, That the grantor, for and in consideration of the sutn of four Hundred Tett Thousand And 0011:00
DOLLARS ($410.000.00). the receipt and sufficiency of which is hereby sq.ialowledged, has grunted, bargained,
sold and conveved, and by these presents does grant, bargain, sell convey ood confirm, tanto the grantees. their
heirs and assigns forever; all the mai,properrytogether with #mprovetnetits:.if any, situate, lying and being in the
City and County o0afferson, and State ofCOLORADO. described, w5 follows:
Lots 10 and 11, Together vyith dw West i4 of true vacated alley adjoining said tote, a Resubdivision of Block 5
of Columbia Heights,. County of Jeffersom State of Colorado
also known by street and number as Vacant LaWL Wheat Ridge, CO 802,12.
TOGETHER with. all and singular the hereditaments and. appurtenances thereunto belonging, Pr in anywise.
appertaining, and the reversion sold reversions. remainder and remainders, rarrts;•lssttes and profits thereof acid ait;the
estate. right, title; interest,. claim and demand whatsoever of the grantor; either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances:
TO HAVE. AND TO HOLD the said premises above bargained. and described, with the appurtenances, unto the.
grantees, their heirs and assigns forever. The grantor, for himself., his heirs and personal repres rotivles, dues
covenant, grant, bargain and agree to and with the grantees, their heir and assigns, that at the time of die enseaiiag
and delivery of these presents. he is yell seized of the premises alcove conveyed, has a good, sure, perfect, absolute
and indefeasible estate of inheritance in tats, in fee simple, and bao good right, fall power and lawful authority, to
grant, bargain, sell and convey the same in mariner and.f atm aforesaid, and,that true same_ arcs fee and clear from all
foriner And other grants, bargains; sale% liens, taxes. assessrnents. encumbrances and restrictions of whatever kind or
nature so ever. except far taxes for the current +jest', a lien but not ;yet due and payable, and those specific Exeeptions
described by reference to recorded documents as reflected in the Title Documents accepted by:Buyer in accordance
with section. f1.1 (Title Review), of the contract dated :November (i; 01'7, between the parties.
The, grantor shall and will WARRANT. AND TOMVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the grantees, their heirs and assigns; against all and every person or:parsonsiawfully claiming
the whale or any part thereof.
The singular, number shall include the plural, the plural the's3n$ntar, and the use of anygendt r shall be applicable to
alt genders.
1N WTMES:S WHEREOF, the graotor, has.executed this decd an the date set farth above.
SELLER:
Gray PpMperties. Wheatridge, LLC
t
Lahr cdray as 1 ger
STATE OF COLORADO }ss:
COTJNT'Y` Or -'Jefferson
The foregoing instrument was acknowledged before.me this 13th day of December, 2047. by Crabrielle Gray.as Manager
of Grny Properties 1' Vheatrldge,.L.LC
Wi'toess my hand and o iviat seal.
MyCotnrnissianerpires: DEA ialA l CHACONi
v dgenphtw File tvo. 004064 17
Warranty. Deod90 l- ir4Tensnu
I Altitude Property Group "IC)
2 Michael Kalicak �/
3
4 Ph: 720-984-2320
5 he printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate
6 Com mission.(CBS4-6-15) _Mandatory 1-16i
7
8 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL
9
14 AND TAX OR OTHER COUNSEL BEFORE SIGNING.
11
12 CONTRACT TO BUY AND SELL REAL ESTATE
13
14 (LAND)
15 Q Property with No Residences)
16 (❑ Property with Residences -Residential Addendum Attached)
17
18
19 Date: 1115/2098
2021
22 AGREEMENT
23
24
25 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the
26
27 terms and conditions set forth in this contract (Contract)..
28
20
3 2. PARTIES AND PROPERTY.
31 2.1. Buyer. Buyer, Novy Development, LLC, will take title to the Property described below as
32 ❑ Joint Tenants ❑ Tenants In Common ® Other Severalty.
33
34 2.2. No Assignability. This Contract Is Not assignable by Buyer unless otherwise specified in
35 Additional Provisions.
36 2.3. Seller. Seller, BSA, LLC, is the current owner of the Property described below.
37
38 2.4. Property. The Property is the following legally described real estate in the County of
39 Jefferson, Colorado:
40 East 1/2 of the vacated alley adjoining lots 12 and 13, a subdivision of block 5 Columbia
41
42 Heights, County of Jefferson, State of Colorado
43 known as No. n/a n/a, n/a, CO n/a,
44
4.5 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
46 thereto, and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded
48 (Property).
49
50 2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
51 2.5.1. Inclusions. The following items, whether fixtures or personal property, are included in the
52 Purchase Price unless excluded under Exclusions:
53
54 n/a if any additional items are attached to the Property after the date of this Contract, such additional items are
55 also included in the Purchase Price.
56 e 2.5.2. Personal Pro
57 p rty -Conveyance. Any personal property must be conveyed at Closing by
58 Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and
59 encumbrances, except n/a.
60 Conveyance of all personal property will be by bill of sale or other applicable legal instrument.
61
62 2.6. Exclusions. The following items are excluded (Exclusions): n/a
63
64 2.7. Water Rights, Well Rights, Water and Sewer Taps.
65 9 9
66 ❑ 2.7.1. Deeded Water Rights. The following legally described water rights:
67 n/a
68
69
CBS4-6-15. CONTRACT TO BUY AND SELL REAL ESTATE -Land Page I of 19
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CBS4-6-15.
Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing..
❑ 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in
§§ 2.7.1, 2.7.3, 27.4 and 2.7.5, will be transferred to Buyer at Closing: n/a
❑ 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well.
Buyer understands that if the well to be transferred is a "Small Capacity Well" or a "Domestic Exempt Water
Well," used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in
Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water
Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing
well form for the well and pay the cost of registration. If no person will be providing a closing service in
connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The
Well Permit # is n/a.
❑ 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing
are as follows: n/a
2.7.5. Water and Sewer Taps. The parties agree that water and sewer taps listed below for
the Property are being conveyed as part of the Purchase Price as follows: n/a
If any water or sewer taps are included in the sale, Buyer is advised to obtain, from the provider,
written confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer
and use of the taps.
2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other
Rights Relating to Water), § 2..7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey
such rights to Buyer by executing the applicable legal instrument at Closing.
2.8. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows:
n/a
3. DATES AND DEADLINES.
Item No. I Reference Event _ _ Date or Deadline
1 §4.3 Alternative Earnest Money Deadline
2
§ 8.1
Record Title Deadline
112212018
Monday
3
§ 8.2
Record Title Objection Deadline
112312018
Tuesday
4
§8.3
Off -Record Title Deadline
1/22/2018
Monday
5
§ 8.3
Off -Record Title Objection Deadline
112312018
Tuesday
wednesda yl
6
§ 8.4 Title Resolution Deadline 1/_2412018
7 j
§ 8.6 1
Right of First Refusal Deadline
n/a
wners' Association
8 § 7.3 Association Documents Deadline n/a
9 L §7.4 Association Documents Objection Deadline n/a
eller's Property Disclosure
10 § 10.1 1 Seller's Property Disclosure Deadline n/a
Loan and Credit
11
§ 5.1 Loan Application Deadline n/a
12
§ 5.2 Loan Objection Deadline n/a
13
§ 5.3 Buyer's Credit Information Deadline n/a
14
§5.3 T Disapproval of Buyer's Credit Information n/a
Deadline
15
§ 5.4 Existing Loan Documents Deadline n/a
16
C5.4 Existing Loan Documents Objection Deadline n/a
17
§5.4 Loan Transfer Approval Deadline n/a
18
§4.7 Seller or Private Financing Deadline n/a i
CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 2 of 19
Initials
141
§ 10.3
Inspection Objection Deadline
Appraisal
173
174
142
-
_
Inspection Resolution Deadline
n/a
37
143
19 1§
6.2
Appraisal Deadline
n/a
144
145
20
§ 6.2
Appraisal Objection Deadline
n/a
146
21
§ 6.2
Appraisal Resolution Deadline
n/a
147
148
§ 10.6
_
_Due Diligence Documents Resolution Deadlin _
_-~
Survey -
149
22
§9.1
New ILC or New Survey Deadline
1/29/2098
150
151
23
§9.3
New ILC or New Surve Objection Deadline
2/i!/2098
1.52
24
§F9:4§
9.4
New ILC or New Surve Resolution Deadline
2/3/2098
153
35
§ 11.2
Inspection and Due Diligence
n/a
154
155
156
157
153
159
I.-
161
162
163
164
165
166
167
168
169
170
171
Thu
25
§ 10.3
Inspection Objection Deadline
n/a
173
174
26
§ 10.3
_
Inspection Resolution Deadline
n/a
37
27
§ 10.5
Pro eq Insurance Objection Deadline
n/a
§ 17
28
§ 10.6
Due Diligence Documents Delivery Deadline
n/a
Acceptance Deadline Date
e 29_
_§ 10.6_
Due_ Diligence Documents Objection Deadline
n/a
181
30
§ 10.6
_
_Due Diligence Documents Resolution Deadlin _
_-~
_ _
n/a
31
§ 10.6
§ 10.6
Environmental Inspection Objection Deadline
ADA Evaluation Objection Deadline
_n/a
n/a
n/a
32
33
§ 10.7
Conditional Sale Deadline
4
iT
34
§ 11.1
Tenant Estoppel Statements Deadline
n/a�
35
§ 11.2
Tenant Estoppel Statements Objection
n/a
Deadline
172
Closing and Possession
173
174
36
§ 12.3
— -
Closin Date
175
37
§ 17
Possession Date
176
177
38
§ 17
Possession Time
178
39
§ 28
Acceptance Deadline Date
179
ISO
40
§ 28
Acceptance Deadline Time
181
41
n/a
n/a
--
182
183
42
n/a
n/a
1.84
2/5/2098
Time of C/os
l 1/17/2098
185 3.1. Applicability of Terms. Any box checked in this Contract means the corresponding provision
186 applies. Any box, blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word
188 "Deleted" means such provision, including any deadline, is not applicable and the corresponding provision of
189 this Contract to which reference is made is deleted If no box is checked in a provision that contains a selection
150 of "None", such provision means that "None" applies.
191
192
193 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have
194 signed this Contract.
195
196
197 4. PURCHASE PRICE AND TERMS.
193 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as
199 follows:
200
201
202
Item No.
I Reference
Item
203
204
1
§ 4.1
Purchase Price
205
2
§ 4.3
Earnest Money��
206
207
3
§ 4.5
-
New Loan
208
209
4
§ 4.6
ssumption Balance
--
210
_ Amount
$98,000.00
CBS4 6- IS.. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 3 of 19
Initials
Amount
$0.00
$0.00
$0.00
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
5
§ 4.7
1Private Financing_
$0.00
6
§ 4.7
Seller Financing
_ $0.00
7
n/a
n/a
-
8
n/a
n/a
9
§ 4.4
Cash at Closing
$18,000.00
10
ITOTAL
1 $18,000.001 $98,000.00
4.2. Seller Concession. At Closing, Seller will credit to Buyer $ n/a (Seller Concession), The
Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is
allowed by the Buyer's lender and is included in the Closing Statement or Closing Disclosure, at Closing.
Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer's
closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge,
expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer
elsewhere in this Contract_
4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a n/a, will be
payable to and held by n1a (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer.
The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to
an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money
deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event
Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund
established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer
acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money
Holder in this transaction will be transferred to such fund.
4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest
Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money
Deadline.
4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely
terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is
terminated as set forth in § 25 and, except as provided in § 24, if the Earnest Money has not already been
returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker
working with Buyer, written mutual instructions (e..g., Earnest Money Release form), within three days of
Seller's receipt of such form.
4.4. Form of Funds; Time of Payment; Available Funds.
4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan
proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws,
including electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good
Funds).
4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be
paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow
disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer
represents that Buyer, as of the date of this Contract, ® Does ❑ Does Not have funds that are immediately
verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1.
4.5. New Loan. (Omitted as inapplicable)
4.6. Assumption. (Omitted as inapplicable)
4.7. Seller or Private Financing. (Omitted as inapplicable)
TRANSACTION PROVISIONS
S. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable)
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Initials
281
282 5.3. Credit Information and Buyer's New Senior Loan. (Omitted as inapplicable)
283
284
285 5.4. Existing Loan Review. (Omitted as inapplicable)
286
268 6. APPRAISAL PROVISIONS.
289 6.1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed or certified
290 appraiser, engaged on behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised
291 Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs
292
293 necessary on or to the Property as a condition for the Property to be valued at the Appraised Value.
294 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective
295 loan type set forth in 4.5.3, or if a cash transaction i.e.. no financing),
295 Yp § ( 9). § 6.2.1 applies.
247 6.2.9. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value
298 is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline
299 Buyer may, on or before Appraisal Objection Deadline, notwithstanding § 8.3 or § 13:
301 6.2.1.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
302 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by
303 either a copy of the Appraisal or written notice from lender that confirms the Appraisal Value is less than the
304
305 Purchase Price,
306 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or
307 before Appraisal Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement
308 thereof on or before Appraisal Resolution Deadline (§ 3), this Contract will terminate on the Appraisal
309
31.0 Resolution Deadline, unless Seller receives Buyer's written withdrawal of the Appraisal Objection before such
311 termination, i.e., on or before expiration of Appraisal Resolution Deadline.
312 6.3. Lender Property Requirements. If the lender imposes any requirements, replacements,
313, removals or repairs, including any specified in the Appraisal (Lender Requirements) to be made to the Property
315 (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller has the
316 Right to Terminate under § 251, (notwithstanding § 10 of this Contract), on or before three days following
317 Seller's receipt of the Lender Requirements, in Seller's sole subjective discretion. Seller's Right to Terminate in
318
319 this § 6.3 does not apply if, on or before any termination by Seller pursuant to this § 6.3: (1) the parties enter
320 into a written agreement regarding the Lender Requirements; or (2) the Lender Requirements have been
321 completed; or (3) the satisfaction of the Lender Requirements is waived in writing by Buyer.,
322
323 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be
324 timely paid by ®Buyer ElSeller. The cost of the Appraisal may include any and all fees paid to the appraiser,
325 appraisal management company, lender's agent or all three.
326
327
328 7. OWNERS' ASSOCIATION. This Section is applicable if the Property is located within a
329 Common Interest Community and subject to such declaration.
330 7,1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A
331
332 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY.
333 THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS'
334 ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND
335
336 REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND
337 REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY,
338 INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES
340 NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND
341 POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS
342 OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY
343
344 WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE
345 ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN
346 THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF
347 MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION
348
349 FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
350
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Initials
351 7.2. Owners' Association Documents. Owners' Association Documents (Association
352 Documents) consist of the following:
353
354 7.2.1. All Owners' Association declarations, articles of incorporation, bylaws, articles of
355 organization, operating agreements, rules and regulations, party wall agreements;
356 7.2.2. Minutes of most recent annual owners' meeting;
357
58 7.2.3. Minutes of an directors' or managers' meetings during the six-month period
35s Y 9 g 9
359 immediately preceding the date of this Contract. If none of the preceding minutes exist, then the most recent
360 minutes, if any (§§ 7.2.1, 7..2.2 and 7.2.3, collectively, Governing Documents); and
.361 7,2,4. The most recent financial documents which consist of: 1 annual and most recent
362 cons ( )
363 balance sheet, (2) annual and most recent income and expenditures statement, (3) annual budget, (4) reserve
364 study, and (5) notice of unpaid assessments, if any (collectively, Financial Documents).
365 7.3. Association Documents to Buyer.
366
367 7.3.1. Seller to Provide Association Documents. Seller is obligated to provide to Buyer the
368 Association Documents, at Seller's expense, on or before Association Documents Deadline. Seller
369 authorizes the Association to provide the Association Documents to Buyer, at Seller's expense. Seller's
371 obligation to provide the Association Documents is fulfilled upon Buyer's receipt of the Association Documents,
372 regardless of who provides such documents.
373 7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents.
374 Buyer has the Right to Terminate under § 25.1, on or before Association Documents Objection Deadline,
375
376 based on any unsatisfactory provision in any of the Association Documents, in Buyer's sole subjective
377 discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer,
378 at Buyer's option, has the Right to Terminate under § 25.1 by Buyer's Notice to Terminate received by Seller on
i79
so or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive the
381 Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller
382 after Closing Date, Buyer's Notice to Terminate must be received by Seller on or before Closing. If Seller does
3844 not receive Buyer's Notice to Terminate within such time, Buyer accepts the provisions of the Association
3s5 Documents as satisfactory, and Buyer waives any Right to Terminate under this provision, notwithstanding the
386 provisions of § 8,6 (Right of First Refusal or Contract Approval).
387
388
389 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE.
390 8.1. Evidence of Record Title.
391 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the
392
393 title insurance company to furnish the owner's title insurance policy at Seller's expense. On or before Record
394 Title Deadline, Seller must furnish to Buyer, a current commitment for an owner's title insurance policy (Title
395 Commitment), in an amount equal to the Purchase Price, or if this box is checked, Elan Abstract of Title
397 certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as
39s soon as practicable at or after Closing.
199 ® 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the
400 title insurance company to furnish the owner's title insurance policy at Buyer's expense. On or before Record
401
402 Title Deadline, Buyer must furnish to Seller, a current commitment for owner's title insurance policy (Title
403 Commitment), in an amount equal to the Purchase Price.
404 If neither box in § 8. 1.1 or § 8.1.2 is checked, § 8. 1.1 applies..
405
406 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment OWIII E]Will Not
407 contain Owner's Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete
408 or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements,
404 3 survey matters, 4 unrecorded mechanics' liens, 5 a period (period between the effective date and time
410 () Y () ()g PP
411 of commitment to the date and time the deed is recorded), and (6) unpaid taxes, assessments and
412 unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid
413 by ❑Buyer ® Seller ❑ One -Half by Buyer and One -Half by Seller ❑ Other n/a..
414
415 Regardless of whether the Contract requires OEC, the Title insurance Commitment may not provide OEC or
416 delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require
417 a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance
418
415 Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.4 (Right to Object to Title,
CBS4-6-15, CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 6 of 19
fnitials
421 Resolution),
422 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats,
423
424 declarations, covenants, conditions and restrictions burdening the Property, and (2) copies of any other
425 documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in
426 the Title Commitment furnished to Buyer (collectively, Title Documents).
427
428 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline,
429 copies of all Title Documents., This requirement pertains only to documents as shown of record in the office of
43 0 the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the
431 documents required in this Section will be at the expense of the party or parties obligated to pay for the
-132
433 owner's title insurance policy,
434 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title
435 covering all or any portion of the Property (Abstract of Title) in Sellers possession on or before Record Title
436
437 Deadline.
438 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title
439 Commitment and any of the Title Documents as set forth in § 8-4 (Right to Object to Title, Resolution) on or
440
441 before Record Title Objection Deadline. Buyer's objection may be based on any unsatisfactory form or
442 content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title
443 condition, in Buyer's sole subjective discretion.. If the Abstract of Title, Title Commitment or Title Documents are
444 not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title
44S
446 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title
447 Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such
448 documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2)
449
450 any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title
451 Commitment. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2
452 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4 (Right to Object to
453
454 Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents required
455 by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Title
456 Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the
457 Abstract of Title, Title Commitment and Title Documents as satisfactory.
458
459 8.3. Off -Record Title. Seller must deliver to Buyer, on or before Off -Record Title Deadline, true
460 copies of all existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all
461 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or
462
463 other title matters (including, without limitation, rights of first refusal and options) not shown by public records,
464 of which Seller has actual knowledge (Off -Record Matters). Buyer has the right to inspect the Property to
��165 investigate if any third party has any right in the Property not shown by public records (e,g., unrecorded
466
467 easement, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection
468 of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding §
-169 8.2 and § 13), in Buyer's sole subjective discretion, must be received by Seller on or before Off -Record Title
470 Objection Deadline. If an Off -Record Matter is received by Buyer after the Off -Record Title Deadline, Buyer
471
472 has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off -Record
473 Matter. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection pursuant to this § 83
474 (Off -Record Title), any title objection by Buyer and this Contract are governed by the provisions set forth in §
475
476 8A (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice of Title
477 Objection by the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of third
478 parties of which Buyer has actual knowledge.
479
480 8.4. Right to Object to Title, Resolution, Buyer's right to object to any title matters includes, but is
481 not limited to those matters set forth in §§ 8.2 (Record Title), 8.3 (Off -Record Title) and 13 (Transfer of Title), in
482 Buyer's sole subjective discretion. If Buyer objects to any title matter, on or before the applicable deadline,
483 Buye . r has the following options:
484
485 8.4.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting to any
486 title matter (Notice of Title Objection) on or before the applicable deadline, and if Buyer and Seller have not
487 agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on
488
489 the expiration of Title Resolution Deadline, unless Seller receives Buyer's written withdrawal of Buyer's
490
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Initials
Ar
491 Notice of Title Objection (i.e., Buyer's written notice to waive objection to such items and waives the Right to
492 Terminate for that reason), on or before expiration of Title Resolution Deadline.. If either the Record Title
493
494 Deadline or the Off -Record Title Deadline, or both, are extended to the earlier of Closing or ten days after
495 receipt of the applicable documents by Buyer, pursuant to § 8,2 (Record Title) or § 8.3 (Off -Record Title), the
496 Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after
497 Buyer's receipt of the 498 y P applicable documents; or
499 8.4.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under
500 § 25,1, on or before the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective
501 discretion.
502
503 8.5. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
504 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES
505 ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS
30
506 MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF
508 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
509 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS
511 SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY
512 CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE
513 PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY
514 COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
515
516 Buyer has the Right to Terminate under § 25.1, on or before Off -Record Title Objection Deadline, based
517 on any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole
518 subjective discretion.
519
520 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property
521 or a right to approve this Contract, Seller must promptly submit this Contract according to the terms and
522 conditions of such right. If the holder of the right of first refusal exercises such right or the holder of a right to
523 approve disapproves this Contract, this Contract will terminate. If the right of first refusal is waived explicitly or
525 expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly
526 notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this
527 Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate.
528 g
529 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and
5.30 should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the
531 title, ownership and use of the Property, including, without limitation, boundary lines and encroachments,
532
533 set -back requirements, area, zoning, building code violations, unrecorded easements and claims of
534 easements, leases and other unrecorded agreements, water on or under the Property, and various laws and
535 governmental regulations concerning land use, development and environmental matters.
536
537 8,7,1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE
538 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND
539 TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE
540 MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS,
541
542 OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE
543 PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE
544 PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER,
545
546 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE
547 PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE
548 AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE
550 COUNTY CLERK AND RECORDER.
551 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR
552 ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING,
553
554 WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES,
555 PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING
555 FACILITIES.
557 8,7,4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL
558
559 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY,
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S61 INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE
°z COLORADO OIL AND GAS CONSERVATION COMMISSION.
563
554 8.7.5. Title Insurance Exclusions. Matters set forth in this Section, and others, maybe
565 excepted, excluded from, or not covered by the owner's title insurance policy.
566 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such
-68 matters as there are strict time limits provided in this Contract (e.g., Record Title Objection Deadline and
569 Off -Record Title Objection Deadline)..
570
571 9 NEW ILC, NEW SURVEY.
572
573 9.1. New ILC or New Survey. If the box is checked, a ❑ New Improvement Location Certificate
574 (New ILC) ® New Survey in the form of ALTA Survey is required and the following will apply:
575 9.1.1. Ordering of New ILC or New Survey. ❑Seller ®Buyer will order the New ILC or New
S77 Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form,
578 certified and updated as of a date after the date of this Contract..
580 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be
581 paid, on or before Closing, by: ❑Seller ®Buyer or: n/a
582 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or
583 the provider of the opinion of title if an Abstract of Title), and n/a will receive a New ILC or New Survey on or
84
585 before New ILC or New Survey Deadline.
586 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by
587 the surveyor to all those who are to receive the New ILC or New Survey.
588
589 9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select a
590 New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or
591 change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion,
592
593 waive a New ILC or New Survey if done prior to Seller incurring any cost for the same.
594 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or
595 New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in
596 Buyer's sole subjective discretion,. Buyer may, on or before New ILC or New Survey Objection Deadline,
598 notwithstanding § 8.3 or § 13:
599 9.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
600 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that
601
602 was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires
603 Seller to correct.
604 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received
605
606 by Seller, on or before New ILC or New Survey Objection Deadline, and if Buyer and Seller have not agreed
607 in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will
608 terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer's
609 written withdrawal of the New ILC or New Survey Objection before such termination, i.e., on or before
611 expiration of New ILC or New Survey Resolution Deadline.
612
613
614 DISCLOSURE, INSPECTION AND DUE DILIGENCE
--
615
616 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND
617 SOURCE OF WATER.
618
619 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller
620 agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's
621 Seller's Property Disclosure form completed by Seller to Seller's actual knowledge, current as of the date of
523 this Contract.
624 10.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any latent
625 defects actually known by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as
626 otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an
627
628 "As Is condition, " Where Wand " With All Faults:'
629 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right
r,,�n
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631 to have inspections (by one or more third parties, personally or both) of the Property and Inclusions
632 (Inspection), at Buyer's expense If (1) the physical condition of the Property, including, but not limited to, the
633
634 roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of
635 the Property, (2) the physical condition of the Inclusions, (3) service to the Property (including utilities and
636 communication services), systems and components of the Property (e.g,, heating and plumbing), (4) any
638 proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise
639 (whether on or off the Property) and its effect or expected effect on the Property or its occupants is
640 unsatisfactory, in Buyer's sole subjective discretion, Buyer may, on or before Inspection Objection Deadline:
641 10.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
642
643 10.3.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory
644 physical condition that Buyer requires Seller to correct.
645 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before
646'
647 Inspection Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on
648 or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline
649 unless Seller receives Buyer's written withdrawal of the Inspection Objection before such termination, i.e., on or
650
651 p p before expiration of Inspection Resolution Deadline.
652 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other
653 written agreement between the parties, is responsible for payment for all inspections, tests, surveys,
654 engineering reports, or other reports performed at Buyer's request (Work) and must pay for any damage that
655
656 occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any
657 kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold
658 Seller harmless from and against any liability, damage, cost or expense incurred by Seiler and caused by any
659
660 such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by
661 Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including
662 Seller's reasonable attorney fees, legal fees and expenses. The provisions of this section survive the
663 termination of this Contract. This 10.4 does not I to items performed pursuant to an Inspection
664 § apply p p p
665 Resolution.
666 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of
657 and premium for property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or
668
669 before Property Insurance Objection Deadline, based on any unsatisfactory provision of the Property
670 Insurance, in Buyer's sole subjective discretion.
671 10.6. Due Diligence.
672
673 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver
674 copies of the following documents and information pertaining to the Property (Due Diligence Documents) to
675 Buyer on or before Due Diligence Documents Delivery Deadline:
676 ❑
677 10.6.1.1. All contracts relating to the operation, maintenance and management of the
673 Property;
679 ❑ 10.6.1.2. Property tax bills for the last na years;
680❑
6s11 10.6.1.3. As -built construction plans to the Property and the tenant improvements,
682 including architectural, electrical, mechanical, and structural systems, engineering reports, and permanent
683 Certificates of Occupancy, to the extent now available;
584 ❑ 10.6.1.4. A list of all Inclusions to be conveyed to Buyer;
685
686 ❑ 10.6.1.5. Operating statements for the past n/a years;
687 ❑ 10.6.1.6. A rent roll accurate and correct to the date of this Contract;
633 ❑ 10.6.1.7. All current leases, including any amendments or other occupancy
689
690 agreements, pertaining to the Property_ Those leases or other occupancy agreements pertaining to the
691 Property that survive Closing are as follows (Leases): n/a
692 ❑ 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete
693
694 but has not yet been completed and capital improvement work either scheduled or in process on the date of
695 this Contract;
696 ❑ 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims
697 which have been made for the past n/a ears;
69s� p _ Y
699 ❑ 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the
700
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701 Property (if not delivered earlier under § 8.3);
702 [j 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II
703
704 environmental reports, letters, test results, advisories, and similar documents respective to the existence or
705 nonexistence of asbestos, PCB transformers, or other toxic, hazardous or contaminated substances, and/or
706 underground storage tanks and/or radon gas. If no reports are in Seller's possession or known to Seller, Seller
708 warrants that no such reports are in Seller's possession or known to Seller;
les P
709 ❑ 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning
710 the compliance of the Property with said Act;
711 ❑ 10.6.1.13. All permits, licenses and other building or use authorizations issued by any
712
713 governmental authority with jurisdiction over the Property and written notice of any violation of any such
714 permits, licenses or use authorizations, if any; and
715 ❑ 10.6.1.14. Other documents and information:
716
717 n/a
718
719 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and
720
721 object to Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are
722 unsatisfactory in Buyer's sole subjective discretion, Buyer may, on or before Due Diligence Documents
723 Objection Deadline:
725 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;
726 or
727 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description
728 of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct.
729
730 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents
731 Objection is received by Seller, on or before Due Diligence Documents Objection Deadline, and if Buyer and
732 Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution
733
734 Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller
735 receives Buyer's written withdrawal of the Due Diligence Documents Objection before such termination, i.e., on
736 or before expiration of Due Diligence Documents Resolution Deadline.
738 10.6.3. Zoning. Buyer has the Right to Terminate under § 25.1, on or before Due Diligence
739 Documents Objection Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any
740 governmental agency with jurisdiction over the Property, in Buyer's sole subjective discretion.
741 10.6.4. Due Diligence — Environmental, ADA. Buyer has the right to obtain environmental
742
743 inspections of the Property including Phase 1 and Phase II Environmental Site Assessments, as applicable. ❑
744 Seller ®Buyer will order or provide Phase I Environmental Site Assessment, Phase Il Environmental Site
745 Assessment (compliant with most current version of the applicable ASTM E1527standard practices for
746
747 Environmental Site Assessments) and/or ❑ n1a, at the expense of ❑Seller ®Buyer (Environmental
748 Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation whether the Property
149 complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations must
750
751 be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's
752 tenants' business uses of the Property, if any.
753 If Buyer's Phase I Environmental Site Assessment recommends a Phase 11 Environmental Site
754 Assessment, the Environmental Inspection Objection Deadline will be extended b days 755 p 1 Y naYExtended
( _
756 Environmental Inspection Objection Deadline) and if such Extended Environmental Inspection Objection
757 Deadline extends beyond the Closing Date, the Closing Date will be extended a like period of time. In such
758
759 event, ❑Seller ®Buyer must pay the cost for such Phase 11 Environmental Site Assessment.
760 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this §
761 10.6.5, Buyer has the Right to Terminate under § 25.1, on or before Environmental Inspection Objection
762 Deadline, or if applicable, the Extended Environmental Inspection Objection Deadline, based on any
763
764 unsatisfactory results of Environmental inspection, in Buyer's sole subjective discretion..
765 Buyer has the Right to Terminate under § 25.1, on or before ADA Evaluation Objection Deadline,
766 based on any unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion..
767
768 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of
769 that certain property owned by Buyer and commonly known as n/a. Buyer has the Right to Terminate under §
770
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771 25.1 effective upon Seller's receipt of Buyer's Notice to Terminate on or before Conditional Sale Deadline if
772 such property is not sold and closed by such deadline. This § 10.7 is for the sole benefit of Buyer. If Seller
773
774 does not receive Buyer's Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right
775 to Terminate under this provision.
776 10.8. Source of Potable Water (Residential Land and Residential Improvements Only).
777
778 Buyer ❑Does ®Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of
779 Water Addendum disclosing the source of potable water for the Property. ® There is No Well. Buyer ❑Does
Iso ®Does Not acknowledge receipt of a copy of the current well permit
781 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE
73
783 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED
784 SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
785 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none
786
787 of the Leases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions
788 or rent abatements except as disclosed in the Lease or other writing received by Buyer. Seller will not amend,
's9 alter, modify, extend or cancel any of the Leases nor will Seller enter into any new leases affecting the Property
?�1 without the prior written consent of Buyer, which consent will not be unreasonably withheld or delayed.
792
793 11. TENANT ESTOPPEL STATEMENTS.
794 11.1. Tenant Estoppel Statements Conditions. Buyer has the right to review and object to any
795
795 Estoppel Statements. Seller must obtain and deliver to Buyer on or before Tenant Estoppel Statements
797 Deadline, statements in a form and substance reasonably acceptable to Buyer, from each occupant or tenant
798 at the Property (Estoppel Statement) attached to a copy of the Lease stating:
799
800 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease;
801 11.1.2. That said Lease is in full force and effect and that there have been no subsequent
802 modifications or amendments;
803 11.1.3. The amount of an advance rentals aid, rent concessions given, and deposits aid to
so4 Y P 9 P P
8o5 Seller;
806 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller;
807 11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and
808
809 11.1.6. That the Lease to which the Estoppel is attached is a true, correct and complete copy
810 of the Lease demising the premises it describes.
811 11.2. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under § 25.1, on
812
813 or before Tenant Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel
814 Statement, in Buyer's sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on or
815 before Tenant Estoppel Statements Deadline. Buyer also has the unilateral right to waive any unsatisfactory
315 PP
817 Estoppel Statement.
818
819 CLOSING PROVISIONS
820
821
822 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.
823 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing
824
825 Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and
326 Seller and their designees. If Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges
827 Buyer`s lender is required to provide the Closing Company, in a timely manner, all required loan documents
828
829 and financial information concerning Buyer's new loan. Buyer and Seller will furnish any additional information
83o and documents required by Closing Company that will be necessary to complete this transaction. Buyer and
831 Seller will sign and complete all customary or reasonably required documents at or before Closing.
832 12,2, Closing Instructions. Colorado Real Estate Commission's Closing Instructions ❑Are ®Are
833
834 Not executed with this Contract.
835 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the
836 date specified as the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing
837
838 will be as designated by mutual agreement.
839
840
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841 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent
842 of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title
843
844 companies),
845
846 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by
847
848 Buyer with the other terms and provisions hereof, Seller must execute and deliver a good and sufficient
849 General Warranty deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the
850 general taxes for the year of Closing. Except as provided herein, title will be conveyed free and clear of all
852 liens, including any governmental liens for special improvements installed as of the date of Buyer's signature
353 hereon, whether assessed or not.. Title will be conveyed subject to:
854 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the
855 Title Documents accepted by Buyer in accordance with Record Title,
856
857 13.2. Distribution utility easements (including cable TV),
858 13.3. Those specifically described rights of third parties not shown by the public records of which
859 Buyer has actual knowledge and which were accepted by Buyer in accordance with Off -Record Title and New
860
861 ILC or New Survey,
862 13.4. Inclusion of the Property within any special taxing district, and
363 13.5. Any special assessment if the improvements were not installed as of the date of Buyer's
664 signature hereon, whether assessed prior to or after Closing, and
865 g p g,
866 13.6. Other n1a.
867
869 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before
370 Closing from the proceeds of this transaction or from any other source.
871
372 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.
873
874 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs
875 and all other items required to be paid at Closing, except as otherwise provided herein.
876 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing
877
878 by ❑ Buyer ❑ Seller ® One-Half by Buyer and One-Half by Seller
879 ❑ Other n/a.
880 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of
881
882 Association's statement of assessments (Status Letter) must be paid by ❑None ❑Buyer ❑Seller
883 ®One-Half by Buyer and One-Half by Seller. Any record change fee assessed by the Association including,
884 but not limited to, ownership record transfer fees regardless of name or title of such fee (Association's Record
885
836 Change Fee) must be paid by ❑None ❑ Buyer ❑ Seller IN by Buyer and One-Half by
887 Seller,
888 15.4. Local Transfer Tax. ❑ The Local Transfer Tax of n/a % of the Purchase Price must be
889
340 paid at Closing by ®None ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller.
891 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property,
892 payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at
893 Closing by ONone ❑Buyer ❑Seller ❑One-Half by Buyer and One-Half by Seiler. The Private Transfer
894
895 fee, whether one or more, is for the following association(s): n/a in the total amount of na% of the Purchase
896 Price or $ n1a.
397 e. The fees, as of the date of 15.6. Water Transfer Fees. The Water Transfer Fees can change. g
899 this Contract, do not exceed $ n/a for:
900 ❑ Water Stock/Certificates ---❑ Water District
901 ❑ Augmentation Membership ❑ Small Domestic Water Company ❑ n/a and must be paid at Closing by
902
903 ® None ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller
904 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction
905
906 must be paid when due by ® None ElBuyer 1:1Seller ❑ One-Half by Buyer and One-Half by Seller.
907
908 16. PROBATIONS. The following will be prorated to the Closing Date, except as otherwise provided:
909
910
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Initials
911 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and
912
913 general real estate taxes for the year of Closing, based on ElTaxes for the Calendar Year Immediately
914 Preceding Closing ® Most Recent Mill Levy and Most Recent Assessed Valuation, ❑ Other n/a.
915 16.2. Rents. Rents based on ❑ Rents Actually Received ❑Accrued. At Closing, Seller will
916 transfer or credit to Buyer the security deposits for all Leases assigned, or' any remainder after lawful
917
918 deductions, and notify all tenants in writing of such transfer and of the transferee's name and address. Seller
919 must assign to Buyer all Leases in effect at Closing and Buyer must assume Seller's obligations under such
921 Leases
922 16.3. Association Assessments.. Current regular Association assessments and dues
923 (Association Assessments) paid in advance will be credited to Seller at Closing., Cash reserves held out of the
9924 regular Association Assessments for deferred maintenance by the Association will not be credited to Seller
5 except as may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be
926
927 obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special
928assessment assessed prior to Closing Date by the Association will be the obligation of ❑Buyer ❑Seller.
a39 Except however, any special assessment by the Association for improvements that have been installed as of
931 the date of Buyer's signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller.
932 Seller represents that the Association Assessments are currently payable at approximately $ n/a per n/a and
933
934 that there are no unpaid regular or special assessments against the Property except the current regular
935 assessments and n/a. Such assessments are subject to change as provided in the Governing Documents.
936 Seller agrees to promptly request the Association to deliver to Buyer before Closing Date a current Status
937 Letter,
938
939 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan, and n/a.
940 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final.
941
942
943 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at
944 Possession Time, subject to the Leases as set forth in § 10.6.1.7.
945
9,16
947 If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and
948 will be additionally liable to Buyer for payment of $ n/a per day (or any part of a day notwithstanding § 18.1)
949
950 from Possession Date and Possession Time until possession is delivered.
951
952 GENERAL PROVISIONS
953
954
955 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.
956 18.1. Day. As used in this Contract, the term "day" means the entire day ending at 11:59 p.m., United
957 States Mountain Time (Standard or Daylight Savings as applicable).
959 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending
96o date is not specified, the first day is excluded and the last day is included (e.g., three days after MEC). If any
961 deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline ® Will ❑
963 Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be
964 checked, the deadline will not be extended.
965
966 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION;
967
968 AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be
969 delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted..
970 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other
972 perils or causes of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price
973 (Property Damage), and if the repair of the damage will be paid by insurance (other than the deductible to be
974 paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller's reasonable efforts to
976
975 repair the Property before Closing Date.. Buyer has the Right to Terminate under § 25 1, on or before Closing
977 Date if the Property is not repaired before Closing Date or if the damage exceeds such sum. Should Buyer
978 elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all
989 insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the
CBS4-6-15. CONTRACT TO BUY AND SELL REAL ESTATE - Land Pa 14 of 19
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481 Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may
982 not exceed the Purchase Price.. In the event Seller, has not received the insurance proceeds prior to Closing,
983
984 the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the
985 option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller's
987 insurance company and Buyer's lender; or (2) the parties may enter into a written agreement prepared by the
587 parties or their attorney requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller
988 P Y q�� 9 9
989 has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of
990 any deductible that applies to the insurance claim.
991 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and
993 communication services), system, component or fixture of the Property (collectively Service) (e.g.., heating or
994 plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is
995 earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size,
996
997 age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such
998 Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by
999 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or
10001 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under §
1002 25.1, on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair
1003 or replacement of such Inclusion or Service.. Such credit must not exceed the Purchase Price., If Buyer receives
1004 such a credit, Seller's right for any claim against the Association, if any, will survive Closing. Seller and Buyer
1005
1006 are aware of the existence of pre -owned home warranty programs that may be purchased and may cover the
1007 repair or replacement of such Inclusions.
1008 19,3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending
1009
1010 condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly
1011 notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 25. 1, on or
1012 before Closing Date, based on such condemnation action, in Buyer's sole subjective discretion.. Should Buyer
1013
1014 elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is
1015 entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of
1016 the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the
1017 Purchase Price.
1018
1019 19.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, has the right to
1020 walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions
1021 complies with this Contract.
1022
1023 19.5. Risk of Loss - Growing Crops. The risk of loss for damage to growing crops by fire or other
1024 casualty will be bome by the party entitled to the growing crops as provided in § 2.8 and such party is entitled
1025 to such insurance proceeds or benefits for the growing crops.,
1026
1027
1028 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller
1029 acknowledge that the respective broker has advised that this Contract has important legal consequences and
1030 has recommended the examination of title and consultation with legal and tax or other counsel before signing
1032 this Contract.
1033
1034 21 TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines
1035
1036 in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including
1037 Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as
1038 provided in this Contract or waived, the non -defaulting party has the following remedies:
1039 Y
1040 21.1. If Buyer is in Default:
1041 ® 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest
1042 Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest
1043
1044 Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such
1045 additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force
1046 and effect and Seller has the right to specific performance or damages, or both.
1047 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1.
1048
1049 is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to
1050
CBS4-6-15. CONTRACT TO BUY AND SELL REAL ESTATE -Land Page 15 of 19
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1051 Seller, and retained by Seller_ It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED
1052 DAMAGES, and not a penalty, which amount the parties agree is fair and reasonable and (except as provided
1053
1054 in §§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER'S ONLY REMEDY for Buyer's failure to
1055 perform the obligations of this Contract.. Seller expressly waives the remedies of specific performance and
1056 additional damages.
1057
1058 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all
1059 Earnest Money received hereunder will be returned and Buyer may recover such damages as may be proper..
1060 Alternatively, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to
1061 specific performance or damages, or both.
1062
1063
1064 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event
1065 of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must
1066
1067 award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and
1068 expenses.
1069
1070 23. MEDIATION. If a dispute arises relating to this Contract, whether prior to or after Closing) and is not
1071 P g ( p � g)
1072 resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties
1073 meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot
107`` impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to
10175
107t; the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the
10:7 cost of such mediation.. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute
i478 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the
1079
1080 other at that party's last known address (physical or electronic as provided in § 27). Nothing in this Section
1081 prohibits either party from filing a lawsuit and recording a (is pendens affecting the Property, before or after the
1082 date of written notice requesting mediation. This section will not alter any date in this Contract, unless
1033
1084 otherwise agreed.
1085
7086 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must
1087 release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In
1058
1os9 the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the
1090 Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any
1091 proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of
1092
1093 competent jurisdiction, (Earnest Money Holder is entitled to recover court costs and reasonable attorney and
1094 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money
1095 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the
109
1097 case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the
1098 parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money
1099 Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest
1100 Mone Holder must disburse the Earnest Mone
1101 Y y pursuant to the Order of the Court. The parties reaffirm the
1102 obligation of Mediation.. This Section will survive cancellation or termination of this Contract.
1103
1104 25. TERMINATION.
1105
1106 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to
1107 Terminate), the termination is effective upon the other party's receipt of a written notice to terminate (Notice to
1108 Terminate), provided such written notice was received on or before the applicable deadline specified in this
1109
1'110 Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right
1111 to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to
1112 Terminate under such provision.
1113
1114 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received
1115 hereunder will be returned and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23
1116 and 24,.
1117
1118
1119 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and
CBS4-6-15. CONTRACT TO BUY AND SELL REAL ESTATE -Land Page 16 of 19
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1121 specified addenda, constitute the entire agreement between the parties relating to the subject hereof, and any
1122 prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this
1123
1124 Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or
1125 enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its
1126 terms, exists or is intended to be performed after termination or Closing survives the same_ Any successor to a
1.127
1128 Party receives the predecessor's benefits and obligations of this Contract.
1129
1130 27, NOTICE, DELIVERY, AND CHOICE OF LAW.
1131
1132 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing,
1133 except as provided in § 27.2, and is effective when physically received by such party, any individual named in
1134 this Contract to receive documents or notices for such party, the Broker, or Brokerage Firm of Broker working
1135
1136 with such party (except any notice or delivery after Closing must be received by the party, not Broker or
1137 Brokerage Firm).
1138 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in
1139 electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for
1140
1141 such party, the Broker or Brokerage Firm of Broker working with such party(excePt any notice or deliveryafter
1142 Closing must be received by the party; not Broker or Brokerage Firm) at the electronic address of the recipient
1143 by facsimile, email or n/a.
1144
11.45 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email
1146 at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives
1147 the information necessary to access the documents, or (3) facsimile at the Fax No. of the recipient.
1149 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed
1150 in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a
1151 contract in Colorado for real property located in Colorado.
1152
1153
1154 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing,
1155 by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such
1156 acceptance pursuant to § 27 on or before Acceptance Deadline Date and Acceptance Deadline Time. If
1157
11_58 accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be
executed by each party, separately, and when each party has executed a copy thereof, such copies taken
together are deemed to be a full and complete contract between the parties.
29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith
including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing
Conditions and Obligations, Title Insurance, Record Title and Off -Record Title, New ILC, New Survey
and Property Disclosure, Inspection, Indemnity, Insurability, Due Diligence, Buyer Disclosure and
Source of Water.
ADDITIONAL PROVISIONS AND ATTACHMENTS ,
30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the
Colorado Real Estate Commission.)
n/a
31. ATTACHMENTS.
31.1. The following attachments are a part of this Contract:
n/a
n/a
Buyer:
31.2. The following disclosure forms are attached but are not a part of this Contract:
SIGNATURES
Date. 1.15.18
CBS4-6-15, CONTRACT TO BUYAND SELL REAL ESTATE - Land Page 17 of 19
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Novy Development, LLC
BY Michael Kalicak
[NOTE: If this offer is being counter or rejected, do not sign this document. Refer to §32]
/1 t
Seller: Date:
B
By Jeff Williams
32. COUNTER; REJECTION. This offer is ❑ Countered ❑ Rejected.
Initials only of party (Buyer or Seller) who countered or rejected offer
END OF CONTRACT TO BUY AND SELL REAL ESTATE
33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Buyer)
Broker ❑ Does ® Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the
Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if
Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not
already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest
Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of
Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual
instructions, provided the Earnest Money check has cleared,
Broker is working with Buyer as a ❑ Buyer's Agent ❑ Seller's Agent ® Transaction -Broker in this
transaction. ❑ This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by ❑ Listing Brokerage Firm
❑ Buyer ❑ Other n/a.
Brokerage Firm's Name: Altitude Property Group
Broker's Name: Date:
Michael Kalicak
Address: 5655 S. Yosemite #201 Denver, CO 80911
Ph: 720-984-2320 Fax: Email: mkalicak@novydevelopment.com
34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Seller)
Broker ❑ Does ❑ Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the
Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if
Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not
already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest
Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of
Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual
CBS4-6-1 S.. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 18 of I9
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instructions, provided the Earnest Money check has cleared.
Broker is working with Seller as a ❑ Seller's Agent ❑ Buyer's Agent ❑ Transaction -Broker in this
transaction.. ❑ This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by ❑ Seller ❑ Buyer ❑ Other Wan
Brokerage Firm's Name: n/a
Broker Date:
Address: n/a n/a, n/a n/a
Ph: n/a Fax: n/a Email:
CBS4-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND)
CTM eContracts - @2016 CTM Software Corp.
CBS4-6-15., CONTRACT TO BUYAND SELL REAL ESTATE -Land Page 19 of 19
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X44(
� City Of
Wh6at�idge
COMMUNITY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: December 21, 2017
Applicant: Michael Kalicak, Novy Development
Dean Dalvit, EV Studio
Attending Staff: Lauren Mikulak, Planning Manager
Zack Wallace Mendez, Planner II
Dave Brossman, Development Review Engineer
Scott Cutler, Planning Technician
Specific Site Location:
Existing Zoning:
Existing Comp. Plan:
3330 Ames Street
Residential -Three (R-3)
Neighborhood
Existing Site Conditions:
The site is located at the northeast corner of Ames Street and W. 33'd Avenue near the eastern border
of Wheat Ridge. It is currently vacant, with the exception of some gardening boxes. The three parcels
that make up the site currently share an address with the Mountain View Apartments directly to the
north. The property is zoned Residential -Three (R-3), which permits medium to high-density
residential development, ranging from single-family to multi -unit developments. Lots to the north and
south (across W. 33'd Avenue) are also zoned R-3. Much of the surrounding neighborhood, including
the lots directly across Ames Street, are zoned Residential -One C (R -1C), which permits small -lot
single-family homes. The senior living facility to the east of the property is zoned Neighborhood
Commercial (NC).
The site consists of three parcels: two large, platted lots on Ames Street, and a narrow tract created due
to a previous alley vacation (split between the Ames Street properties and the senior living facility).
The three parcels total 14,300 square feet. Currently, no curb cuts exist for a driveway.
Under current zoning and ownership conditions, the property can have up to four residential units (1
unit for every 3,630 square feet of land area).
Applicant/Owner Preliminary Proposal:
The applicant presented a site plan showing four townhornes accompanied by a row of garages at the
eastern side of the site, which was provided by a previous applicant. The garages are accessed through
a rear alley -style driveway, with one curb cut on W. 33rd Avenue. The townhouse building is proposed
to be three stories with roof access for each unit. The current applicant noted that if they are able to
acquire the east side of the vacated alley, currently owned by the senior living facility, they may have
enough land to build five townhomes.
Will a neighborhood meeting need to be held prior to application submittal?
No neighborhood meetings will be required.
Planning comments:
The following items were discussed based on the applicant's proposal:
Zoning & Use
The Residential -Three (R-3) zone district allows for medium to high-density residential development;
multifamily residential requires a minimum lot size of 12,500 sq. ft. with density not to exceed 12
units per acre. Variances were previously approved to reduce the required side setback for corner lots
from 25' to 15' along the south side and to allow a 5' stepback variance for the third story at the north
end of the site. The stepback variance would allow the applicant to build to three stories along the
entire height of the building. However, these variances expired on August 14, 2017 and the applicant
could re -apply for one or both if needed for their final proposed site plan.
If the applicant chooses to apply for the reduced setback variance only, the request is under 50% and
could be reviewed administratively. However, the previous stepback variance request was for a 100%
variance and therefore required both cases to be heard at the Board of Adjustment.
If the applicant wants to move forward with a five -lot proposal, the minimum land area required is
18,150 square feet since 3,630 square feet is required per unit in the R-3 zone.
Subdivision
Based on the applicant's proposal a minor subdivision would be required to replat the two existing lots
and the vacated alley parcel(s) into 4 or 5 townhome lots. Any plat involving 4 or 5 lots is subject to
review at a single public hearing before Planning Commission. This review process is described in
more detail below.
Architectural & Site Design Requirements
Multifamily projects are subject to the requirements in the Wheat Ridge Architectural and Site Design
Manual (ASDM), Chapter 4.3 "Multifamily Residential." Facades must be articulated and unit
entrances must be emphasized through architectural variations. At least 25% of each facade facing a
public street (both Ames Street and W. 33rd Avenue) shall contain openings such as doors, windows,
or balconies. Garages must match the architecture and materials of the main structure. Utilities and
trash enclosures must be fully screened from view.
Parking
Multifamily residential requires 2 off-street parking spaces for 2- or 3 -bedroom units. The ASDM
notes that on -street parking on immediately adjacent streets may count toward minimum required
parking for new multifamily development. However, providing some parking in garages will help
2
reduce the impact of the development on the surrounding streets, and would likely increase the value
of the homes.
Utility Providers
The City of Wheat Ridge is not a full-service city. The utility and service providers for this property
include:
• West Metro Fire Protection District, phone: 303-989-4307
• Wheat Ridge Water District, phone: 303-238-0451
• Wheat Ridge Sanitation District, phone: 303-424-7252
All land use applications will be sent out 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 or infrastructure requirements and potential costs associated with the proposed project.
Required Fees
Variance fees depend on whether a public hearing will be required. If subject to an administrative
review only (under 50% request), the application fee is $200. If a public hearing is required, the
application fee is $420.
Site plan review fees are $200 + $200/acre. Since the applicant may acquire additional land, the final
fee will be determined at a later date based on the fmal land area.
Subdivision fees (minor subdivisions) are $700 + $200/acre + $120 publication/public notice fee.
Since the applicant may acquire additional land, the final fee will be determined at a later date based
on the final land area.
Fees -in -lieu of parkland dedication in the amount of $2,497.29 are required for each new housing unit
constructed in the City of Wheat Ridge. The parks fees must be paid at the time the approved plat is
submitted for recording. A Subdivision Improvement Agreement with security will be required at that
time, as well.
Building Division comments:
No one was present from the Building Division at the meeting.
New construction will require building permits, and the issuance of a Certificate of Occupancy upon
completion of the project, and only after passing all of the required inspections.
The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014
Edition of the National Electric Code. The City uses the ANSI 117.1-2009 Standard in determining
requirements related to accessibility.
Public Works comments:
The following items were discussed based on the applicant's proposal.
Water Quality
New multifamily developments that increase the amount of impervious area of the site by 3,000 to
10,000 square feet are not subject to flood detention requirements, but must address 100% of the water
quality capture volume. A detailed Drainage Letter, signed and sealed by a Professional Engineer
3
licensed in the State of Colorado, is required for minor new developments. Please refer to the attached
Public Works notes for more information.
Any site that increases the amount of impervious area by over 10,000 square feet is considered a major
new development and is subject to far more stringent flood control standards, including full
stormwater flood attenuation detention incorporating water quality measures.
Public Improvements
The existing sidewalks on Ames Street and W 33rd Avenue are substandard; both streets require 5'
attached sidewalks with 6" vertical curbing. Public Works suggested a bulb -out on the corner, which
will allow ramps to be constructed and narrow the streets creating protected on -street parking and
shorter pedestrian crossing distances. Refer to the attached aerial view for the diagram. There is
sufficient right-of-way in place and no dedication will be required on the plat.
Review Processes:
This proposal will require a site plan review, a minor subdivision, and potentially variances. Staff
recommends applying for the variances (if required) first, then following up with a site plan and
subdivision submittal.
Site Plan Review
A formal application may be submitted now that the pre -application meeting is complete. Applications
must be submitted by appointment with a planner, and will not be accepted if they are incomplete.
Upon submittal, a case manager will be assigned to handle the application, and will be the applicant's
point of contact at the City for the duration of the site plan review process.
The case manager will review the application, and once all submittal requirements are met, the
application will be sent out on referral to outside service agencies (Xcel Energy, water district, fire
district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. The
referral period is 15 days, during which time the referral agencies and departments may submit
comments on the application. These comments, as well as those from the case manager, will be
forwarded to the applicant. Modifications to the site plan may be requires as a result of these
comments.
When all comments are addressed to the satisfaction of the case manager, the application will be
forwarded to the Community Development director for final decision. The Site Plan review process is
administrative, which means there are no public hearings before City Council or Planning Division.
Please note: Approval of the Site Plan application does not mean that a building permit has been
issued. Once site plan approval is attained, the applicant may submit a building permit application
with the Building Division.
Subdivision Review
A formal application may be submitted now that the pre -application meeting is complete. Applications
must be submitted by appointment with a planner. Incomplete applications will not be accepted. Refer
to the City's webpage for the application checklist: hqp://www.ei.wheatridge.co.us/400/Subdivisions.
Upon submittal of a complete application, the case manager will review the application, send it out on
referral to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City
2
agencies (Public Works, Economic Development, etc.) for review. The referral period is 15 days,
during which time the referral agencies and departments may submit comments on the application.
These comments, as well as those from the case manager, will be forwarded to the applicant.
Modifications to the subdivision plat may be required as a result of these comments. The applicant
must address comments and resubmit relevant documents. This process may need to occur several
times. For minor plats (four or five lots), once all comments have been addressed to the case
manager's satisfaction, the staff will give notice of scheduled public hearings on the application before
the planning commission. Staff will prepare a written report to the planning commission which
evaluates the proposal, makes findings, and makes a recommendation. The planning commission will
make a decision to either approve, approve with conditions, or deny the application. The decision by
the planning commission is final for minor subdivisions.
Once approved, a blackline mylar copy of the plat must be submitted to the City of Wheat Ridge in
order to be recorded with Jefferson County Clerk and Recorder.
The plat must be approved and recorded prior to the issuance of any building permits.
Attachments: Site Plan Checklist, Subdivision Checklist, Public Works notes and aerial, Local street
with parking cross-section, setback encroachment code section
Note: Please be aware that the above comments are for general information purposes only. Staff
cannot predict the outcome of any land use development application. A favorable response from
staff does not obligate any decision-making body (Community Development Director, Public
Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will
provide the best advice available given existing regulations, current policy, political climate and
information submitted.
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Lauren Mikulak — Planning Manager 303-235-2845
Zack Wallace Mendez — Planner II 303-235-2852
Scott Cutler — Planning Technician 303-235-2849
Dave Brossman — Development Review Engineer 303-235-2864
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