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Home My WebLink AboutW 32nd & Youngfield (Richter) (2) ~ , ~ \;;- "- ~ , ~ '.) 't>.. ~ ::t: ~ 0] v " ~ ~ '-I '" ~ ".1 "" ~ ~ :;;, \\ \t '" -;, -..... "- ~ <I) '- ~ 'CJ \:: ~ ~ W ",.~ '\- \..) iii \ C'\\, ~ 't: "- .j J\ "- "( \.-.. ~ I~\ \~~ '. \, ,~ ~ '-I \5- 10 \1\ t\ ..... '-.:, +-. ~ ~ ~ \l' ~ ~ ~ ~ ~ "- ~ " '-..J .fl \J ....... ~ " ~ 'J) \ \- "- '-l W " q- "- ~ ~ \).l ~ ~ .~ ,...:::.. Qj ~ ~ ~ Q,. ~ ~ \ -< "t. w '\ Jl "-.; ::.t ~\ ~ Q. /) 5: . '-<"-"~ \ \'(' 1'\ >['- +' '-- +' c: t<\ t<\ c: :J ,...; ['- Cl' 4- QJ 0 '-- .c '-- cD CJ E LJ Cl' +' t<\ ,...; (J'< cD C .,--; l"'""'1 ..::t -:t ..s t<\ :> H.c If\ \ 3 '-- 0' If\ rl .rl m.+.'l i-l\ 0' LfI N __ 0 ~ .r'. U ::..>:t: 03. roo .c ..:c LJ lJ 0. CJ --t--J tJN H4- CJ..-Y: OJ r-\ .,...-1 r--\ OJ.j 04-- 0 (1 :-=.' ~ 3tDM OruCDOIU o .rl CD G 0::: LfJ 0... '>( D84- rr \JJ 0.1 -' .- ,...; 0. LJ .rJ ro f...-l L.. U ~~ \\l " \W (1.\\ ,\,,~\~\\, \"\~\\\.\\\~\ 11"\> \'0~.' 'i.\~ \\\.~S \:',~ &\\~i\f&~ ~ ~".~ii\ ,\'~'~\~.\\ ~\~ ~X& \;\Y~\I\'~'\\\\ ~:(%W~\\< iiil ," " ~ d' '" By lW'1'H IHLl" 2:lS.l1ilc8 "' l: " :&; IVLJple Grove PTA has p1edt;ed $1000 to 6l0per3Lto:\] ~ .B-cauti.fu~'\ a Student Council project to nwke !hc schoal 1-: rnore attractive througr.; landscapingr int.crwr painting 3; dnd other irnpl"oven~ents. In addition, th(~ t:oundl has ~ rai5.ed $350 dnd plans to earn lnore rnoney f~lr tnx:-j pr(1jec;~, ~ At the NY-arch PTA hDard me€Hng:~ NIl's, Sbx:dey An- derson, sixth grade tow;;her~ and Student Council officers Ken Inglee and ~hCli j,'Vforgai1 VfBsented p!an;:; for lanlj- sea ping the front l,o'",~/n and the iCourtyara of the scboolr locat,0d at 3fi35 AU;';lre SL Landsc:.\pi.ng plJns \vcre prepared by Robert l\liHer ~ a rvlap.le Grove paten;: who has vohmte.ered his services as H re:i.ouree person. 1\liUe-i~ is a landscape architect with \Vil1nm'e Nursm''Y Ttec~ ~nd. shrubs su,ggE$ted h') l\1.iU~~r n.re native t.o CO.lOYCiOif and are very hardy. Cost of tht:~ prol.J-l)sed landscaping is ~st:n\ated at $I'i'OO. l\1l"s. Barbara M'.21rshalL art teacher, abo preseated her ideas for Interiur .improvements Thes(\ include op- tic,at and prin.1ary :::;c'\Jlptur(~) paint,figs and \,V0'Ven w~~~l hangings, No price e"tjmOltc Wllo given [or th~ d',coraUng. ~ Don DeDecke:t h.as been elected pteshk\ut Df the \Vh,~at l:1idge High School PTSA for 1\in.73. (,[h(;r oWcm's will be Vivian HOHstCH, nr~t vice-president, (reorg~ Lauterbach. second vke-prc:iident, Nancy Hail, third 'vlce~pre.sld~nt? Ruth Glass\" secretuty 1 ;Jnd Bev ;:W....gg.onerl treas..un.::r..N.".'.'."0 fficers.' \>v. 'ere ;/O.t(~d. in a.t.ll . ~ arch 20 meeting h(!Jd in ti1e s~hool library. .:.' (l' At a recent m~tmg of the Aplllewood Property Owners AS5n., the l11cmberbihip agreed 'with ~ fotu"wrn;.zu study committee's conclusion that the Applewond Me;;a area should ren1ain wl1ncOfnorated. The cOInrnitt<.::e gurnmarized results ,,1' an investigalinn into jXlssib\e annexation to the three slUToUnding dr.ie. of Wheat Ridge, Lakewood and G'.olden, find. ;8150 separate lnc:orpDraUon in order to pl"eserve the reiiidenti~l nature of the area and to 1::reHm" control fi,lture deveioprnent of :roacm, green beU,:s and V:i';l.ils::, w An "fnen1b(.\r~ ;.:ofOS(].If[ tl;;')'.{;'ed \v~ib dlf. CI.'t\iwittee';s conclusion Uwt the e{)~l. of inCOI'DO'ration ;:md loss Ol. cornm.ur:d,ty' id,~ntitv upon 3rme1tatio~~ ?utw.ell1:h ~:le adM vanta~es. }~veryone expn-;ss\'=d satl;:Hat:twa wnh toe c.urrent level of s\,Tvice:-:; provld.ed by the ~I)unty 3n,J spo:cial dbtricts, l\Jo further action win be t;.~Len unlt;SS circmnstBflces ch;:wge. Te,d 1\1ut~Her, 2~;28 }{endrkf.;: SL1 scmor 'vkp.pl'e:.sxdent of J'eif-e.rson County }k~n.kl wa~:, n,;:uT),(~d pH.'~.\h1.I':-::nt of th(~ a~;soc};),t.i..'Wl {or the }..)7~~ \7~~ YfN.d: Other of.'.1(\':/"8 dl.~(;\.ed. \,vere Le;:; Cnspel1c-:, l~i;.~Jr) 'N 80th Ave,y '\r:,ct:',,)re;.\,(d(\'At 1\1r8. Hetty 1VlcF'eX'r~;nl 1,~GOO Cr,t\napple ,RJ'j .'S\J\.tI!:7t;~.(.y a~ld l\,lr.\;;. NL:lry Dodder'J 3238 Zuu:1ia Ct, t:ce~sw"cT " '1 /~ &+ {). c.& -4/;;J,!7 3. I '" ,iii ~~ lili1 ~'i\ ~~l~~ \\\\' \, '!~J .w' ;;;-.\1 I\\l\ ~w \,'\' ':."\ \i" .'\1 (\~1 ~~~~~,jl ~& ,\'.\\ ~\i '" r 1 I i \ ~~Ii\'.'\'" ~\~~:':;o\':)%1'\f~~%~\'(',~ ,~'~;:~~~~i~~ ,:1/!:, '."~ "~. '.'..hi'~\\ ~."i\~ I.'Y'," ,&\""\\\j\kl>;lU'ffd-" Charles 1. iJearn.) adv County Planning DepL 1 pl SD(iWlng: the choraeter15ti surrounding an.':HSj such a plain prub}erns and steel~ Mesa, and the affect on fut maps will forn.l the basis OJ plan that the P,anning: D, Commt$SiOneni )at(~r this Plans ~nd proposals senes of rec.l'C'.i:.\tional b Ull'llUgl1O\Xt Jdfen;oll (,;{}U joL..t effUl~t on the pan of U @ Last year, the DI Bun:.':~Aaj a rn{:n1ber 01 TOe 3Vililable to any Denve.r ouxt;t~mding public spe.\;\k priNiried speake",; lor 253 rar~gjng frorn gn,lups uf spt.eches cover a wjde var ~ubjeetg gjven by rn~~n 1 doct.v:cs,l.a\lv'yers and arch usually 20 \.'0 '3U tninute~ '1'h1S group has just re the titles anu resmncs of obtained by caning Bob n in nt::.~d of iSpeak~rs rnay s re:;er\/ea speaker [or th~ resel~vati()nti be made a: AJ l-hougb no r ee is charger.: appreciated to COVCl' the AliJha Pni aiurnnae [ M' ,.,;. jf0a ,,,,; illviu,d i a:;:.! ~).L ;.~ '{ )~."d"\ l:.\O,.:.\td .P,(~ tl) ue one of the rnost P{ll '" Lakc''''iood Coun try C lU,\"lcb::<m Thur~\day doda hf..lOf V\:iB b(~ the \';ive~J 0 '11">11 be sbown by Herman ( thl.'"? LJtesl ~~l. ~.;.v.h,rowe;J,.r, everung fasrdons. 'The N~,~w Christ.y r, LqtG;woud \ ~ounl.ry Ctub :.x:ueduled fl)f h p.n1 an IVh::mbefs and guest.s 'Ni)! fnJ:i}~ 'j ;;0 p.r:n. \.0 rru.dx21g ~,\) Dr a:od 'Vl.n.. ~\doli pr\.~~').I\h;\lts of the i\1aple oftiCt:c;,; electtxi ~:we l\'Ir an vlce..pn:sioenL.i, Dl." and. N prBsiJcnts t j\1t and l\ln.., Dr. ~.~nd 'l\1rr..., IJuar.c L\;~n '" .Hl"'"'l\-\\\li",,,,, -..............-. ~ G~~LTC~NT5 EXHI3ITS 0, C, f), F, G, H Ut!26!73J City CounciJ Public Hearing !! "L, . /. I' . June 29, 1971 !:.r. D'.l::4 in..2 lLi.C11 t.c:c 78GU ;":crry L:lllC Co:1.2..l'1, ColorLldo -:;C.':O:" Denr Hr. Richco:...~ Upon your rcquc.:;c., ~. _',.'JC.. on n vacant, loc. ;:::.: ',:'~,;:: ~ rllCaDUrw1\CrJ't.:::; vlC::C ::-~=-'~'--:c _'__ 'l'he tunes \'/:-liC:1 c...C::';':' ,'..,. I'.":. '. l.,iU:1: u\.1.:.;...; VI uG.i.1..':'; c.. June ~'.ol.. i J..._ 'j' .. ,__ \..,1 l1ca:.:;urcr.1::rrC::i \'lcrc :-:'~~...c....; :-..c'::' of tIle p~opcrty nL~ :- :.':0 c.,..-. ... ~./:_~ -.._1 : ,_, ,_ Hoot. ::: ~nd Avenue ~. ':'..c n::. :":'_ .,.c.. J '_.C :',,: .. ~ mainly by /thc tra~~L.; o,~ ....-.<:...:.":'.1 ;'-7u, c.... L~ West 32nd\ fvenuc. o:.:;::IC::;O :c::Y",:":..; ::ro 2,;:; ~~'.,.. (fA. !',. C::pn,~.~~l r;<;'~;-<r,.;'(:~' :'r-, 'i ,( ;Q ({,...:.- ':i'l.'LlC}::O '"'. O~l__ ,:L-"'/ J "j 0 .: -) i.J Gravel t:..'u.;.:;::::, c~.~ C' -- S';l."'Vicc l~Q::~.~: :.: c .~ -' i ;~-.l. DchoJo1 Du:::;o:::; 0;'. I 1\Ol)~ thio i~-1..c01.7.~~:-'~:_J~: \ --.-L._. _4 -' ....: ..... Vc i::.l i;ruly yours, t-, I/, -: Lf (_ u ," L (,,[ 11--~ l.[" (. ,~- .... --l~j.....r ~ :! rA /....~ P,"'.!~(,}; L';, 1<}71 "'- ~^ ric~J~{l!, ,...'....11" '\ ":0J. ("\J..... ,10 r!1l: rl '....' ... Jr'. ~."I i C ~ ) ~l . ~ your ~~, Ddd1tinnel meAsurements WP~~ mA~~ of t~e "('"'.0 on ~'c 'J"CM),t lnt at ,.;f'st 32nd And YOllna;f1pld. , ""'''stl''''c~;r!1ts '^''''ro \'T',~de on 'rJednesday, Yarch 1).:., IO"?? 'C': -.C~?O r~~: ",,,,,"!c1 .,....00.,..,. T'!...;'3 noi:-o 1~v~ls w€":re n~ fOl',"'It<19~ (71r\~r lr ri1,., ,,- ,",', -70 "1 ; .'V i ~f~ 62 1-.0 72 db^ 7:? l, 7;(1 dbf. '?c\ 71) t.r. HI: ,1h^ ~f-;!r:~ -'~ ~r""~ftc T'r)::,.'lJ. t~~; :J)"1l ': THI '\ !.m1 ).11)" to thr):1" !'\)CVI"'(\' d rt . '-,,,, , ' . . Sincerely your:'!, ;(2J.M~7J1 ~ Rr.......rrt fl. ,John~on, Ph.D. I.... 11{'1 ~ n1 Of"'~ ~t ! ( /- ~ ,,-,-'. ;/ : I ~ I ~ ,. d .t~ { (( II '1 I' Iff) / !) :- ,. . City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. THE CONSOLIDATED MUTUAL WATER COMPANY P. 0 BOX 15066 - 10075 WEST COLFAX AVENUE LAKEWOOD COLORADO - TELEPHONE 236.0451 February 23, 1973 IA,lz.......i.::.e R. I{ichter 12505 lIes t 32nd Avenue IJl12at ;\.idge, CO 80033 Dear Sir: T~is is to confirm our telephone conve=sation regarding your proposed development of land nortCl of I.Jest 32:nd Avenue and \vest of Interstate HighwuY #70 (approximately 10 acres). Adecuate domestic water supply is available to serve the area subject to extending the main from our existing pipelines, the nearest being at \Jest 33rd Avenue and Zinnia Court, and subject to compliance with the Company's regulations and requirements for service. Very truly yours, ./ /, /1 .-A I ' /: !.1f~v'-- '-,./ //. ~~ G.;;~C Glen E. \-Jhitten Chief Engineer GZ.H:~ct ^ 1 J I: tel' ['fLY I, ,J t'""\.Y h ( & \ 1 J ltt,'J- / . (., ~ .\.v.;:'-.-.-.V\i'':S-.- _.-..A=VVC,VO 3r...\..-:M.~.~.00.i :J.S-iRiCT ..:.....~::. ':Oi.L\,C?;C;"':" S~.~;;:E:=-t ::..::..v.v::....... C0LO\;;A;JO ~O.2.15 Ti::L~?i-IOr-.:;::: 237-0<.;;.71 __a..:c.-: L.'::', :L97:) -.J\.::::'_::.c ......... ~ ..."lCn'C2::: ~:2:5 C5 ~':;'cS:: 3 2~'"'..a. ~~.V8:"'"l~2 ...:2c.~:::"QS'2... C.ci.orc..dc 8CC33 ~2~~ ~::. ~~c~~er; _____w _>=- -~ s -t.c.:~2 '-.i................ ",:.t'.l.C: land G.escri02d In a'.:tached " .- :.::.:c "iJi.-,:11~~~1 -~::.2 ~OJi.l.c:.2~:-i(::s of No:;:-t.hw2S"C ~:.._':;:'''':\.'OOC~ S:::..r...:.tZ~~C.lO~1 JJ:'",,;'c.::-icL, cxcC:~:.-c c.:"lat. portion of Lot _JJ ~C:~L:~ C~":QC~31 ly~~S so=~~ cf ~tc Ko::t~ li~e O~ ..-__)~)~2'VIOOC~ Cc:.:;:-C2:'lS &~--:G. ca~i 'be served by tne Distric'c; subjec.t .:'J "':_:2 ::L:i..C:S 2.:'~.l.c. =eS'L..la.~.:iO::lS or S2.id Dis-c.ric"c, and subjec':: -:'0 2..vc...::'="c..Dili-c.~T of serv::...ce frocL Denver Metropolitz.n. Sewage ~iS?GSc~ ~is~rict NUDb2~ One. S~~-_22r2="Y yo..:.:.._-s, _\J~{~':~":,{~s'=' ="~"':Z="J\TOv:J SA...~=S:2_TIO~ DIST~~IC'I' ..:'\.2':...~:c::'c.~-. 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' -..:;, ...."'-.......--..':....,/ .._;~e ~_ _.~.....::-~...~.;:(; :_.:;:-.\;:/c..y ..\;). :-7J Z':-.:.c. sa..c pO~;.'C ;;..so oe:r~g 92 fe2t 22...S~ 0:. i.:.C :~C::..::- ...::: C::":"':~2"'- v. ~.~~ '\f/e3t 30 :te~~ :J~~ Lo~ 5J 3:ock ~ 0: P.:~?~ZV'./Ov'O C_:...~-:~::':::2\S SuS- - ~- - ~ \.. -./ - \. ---' ..'-..-1- ~ I .......'~......c(: \V~s:(:.:''''.j C.:Ci:.,;:: tr.t: S.J~:rJ :i::~ 0: I"nt ...0" RO:{B~r~Y CP..:::S::':::::\.3., ___ __._ ,,:":_:,-' ;:;~ s: ~'::;>2: t....C':-..c(: S8--.;>.. s.~,:):-;.g '~;.e ;:;;.iS~ ~i:-.e of i:h(; V/(;3'~ ~J; 0~ ~v~ ~J ..,J _v.....~~~ .~ :.:3..3...1C2 c:" :3Ct :0 z. ::-O~;-.~ 0':-.. ~.~~-r..v:....~h ::..gh:-of-w2..Y ~..;'..2 o:~ \-I~::.. ::':)~c. ~._.......~ ~::2: c;~ -2~':;:..::~y 2,:".G ':..::...::.....c: v/i:.1 :r.2 SVl,...,t:-. :i;.e O~~ L0~ :.51 ?:.CX:; \....:-..'::: :._":'~~..J-=~\S :...c,;~.:; t:"'.2 :..cr:."":. -.:..;;:--.--:"-.JM--V/z-':/ c;" VVc;;s'C 3:).:;c P..vo,,:;:'....:..2 .z. C~5t.:::~C~ c:" .;S .:.......,..J ..__...:.-::'2 _\~ ':'v~:::2..;., V'/::;S7, 2..:>::' ~:J2.rz..:~6'~ V/..::-. ::-.I.~ 2'::'.3t L:ne 0:" th~ \V..;,;st ~:; ......:;;,;:... ""'- _...... w .,.)" =-..:..c.-: t ,;.. c.:.z't':"_".,,;.;.~ ,."'>_' _' ~J ~"e~':. :0 v, ,..............7 r,.r \-.::.- ...-:_-~ -- .... .... w.... ~~o-..~._........;;. ., -- ?>.i. tp...>- /./C t /'".> 'PC--Zr 7Y' ~ ~,.--'.... /- /. - .- J -',/o / ?~-" v '-oJ PET I T ION -------- We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by reference, do protest against the proposed rezoning of the property set forth in said Schedule A, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of Wheat Ridge, Colorado. l. ~ A /1:""'-1 ^-' a ill/.re.! ..tii 01./ ~;~: J?"~,:~/~jn/ ~,ftTdJ /t ./ )~ ("{L('./:I..!.{7{ 3. --- cf! lv</'z L Lot 2 Gardens County, 2. Lot 3 Gardens County, , , L ~.~ h i{;. /~ 'J / ~~ Lot 4 Gardens County, 4. Lot Gardens County, Block 1 Subdivision, Colorado; Applewood Jefferson Block 1 Subdivision, Colorado. Applewood Jefferson Block 1 Subdivision, Colorado. Applewood Jefferson Block Subdivision, Colorado. Applewood Jefferson I, Arthur F. Brunton , the undersigned, being of lawful age, and duly sworn upon my oath, do depose and say: That I circulated the above Petition and that each signature thereon was affiexed in my presence and that each signature thereon is the signature of the person whose name it purports to be, and that to the best of my knowledge and belief, each person signing the petition was, at the time of signing, the owner of the property descrived opposite their name. ~~~ Subscribed and sworn to before me this May, 1973. day of '-../ )' --"""--t; ~-L-t:'- j-- J.-/J. :-; r,i- 4.. rL j Notary Public My commission expires: J i, ~~~\Inc..--'l.l.. t_ 'i \ l~ -j I I} -c. .C""'; [1'1 5/31/73 EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of L~t I, Block I, Applewood Gardens Subdivision o ' Jefferson County, Colorado; thence NO 48.2'W along the easterly line of Lots 2 3 4 , , , 5,6 and 7 of said Block I a distance of 488.43 feet to the northeast corner of said Lot 7; thence continuing N0048.2'W a distance of 50 feet to the northerly line of West 33rd Avenue; thence 589039'W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence N0048.2'W along the easterly line Qf the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, Jefferson County, Colorado;thence NOo3l.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence NRg039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot IS, said point being on the westerly right-of-way line of Inter- state Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; 50030'& a distance of 266.70 feet; 589040'W a distance of 32.8 feet; and 5603l'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,T35, R 69W; thence 500l73/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 29 ;t ence N8 4.5 E along t e south line of the NW 1/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29; thence 50036'E along the east line of the W'1/2 SW 1/4 of said Section 29 a distance of 60 feet; thence 589043.5'W a distance of 687.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29; thence N0039.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4-of said Section 29 a distance of 240 feet; thence NOo39.5'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29; thence N0048.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.5'& along the north line of West 32nd Avenue a distance of 50 feet to the intersection of " the south line of said Lot 1 with the west line of said Loti; . thence NOo48.2'W a distance of o 95 feet to the northwest corner of said Lot 1; thence N89 43.5'E along the north line of said Lot 1 a distance of lIS feet to point ~f beginning. --. '-";:'.~<~...iiMmllt;triri';., - .- .~;:" '~{<"1r;~'P~--'; --,- ~~~~~T~~>.~-~~~:~~,~~_.~- . ' _....._~.. PET I T ION pI- '( Tz '-7 'Yi0( ~ ~;C p)- /))':,> /~:;/h 5 We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by reference, do protest against the proposed rezoning of that property set forth in said Schedule A, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of Wheat Ridge, Colorado. 1. ~ :;t " . ~ - --~~; ';P~~ - 2. ~_ ~v _, )/ ~,,.-k: ~~------ ~, ,r ) , j ? ! /~ '.-' , d . /( i '! ~jf, ;';c9c ~ ~ i tJ ( L 1-[ I:Lf. ~,r :<../ /i..'!L 1-> lJ..>1L-,,- . \ ~Lt ;(c6n /1 JLtc 7Zf.';:)Z 3. 4. Lot 3 Lot / Gardens County, and west 15' of lot 4 Block 4 Applewood Subdivision, Jefferson Colorado. Lot 2 Block 4 Applewood Gardens Subdivision, Jefferson County, Colorado. East 60' Lot 4 and west 30' Lot 5 Lot / Block 4 Applewood Gardens Subdivision, Jefferson County, Colorado. Lot Gardens County, Block Applewood Subdivision, Jefferson Colorado. I, Arthur F. Brunton , the undersigned, being of lawful age, and duly sworn upon my oath, do depose and say: That I circulated the above Petition and that each signature thereon was affiexed in my presence and that each signature thereon is the signature of the person whose name it purports to be, and that to the best of my knowledge and belief, each person signing the Petition was, at the time of signing, the owner of the property described opposite their names. ~Y"~~" , , day of Subscribed and sworn to before me this May, 1973. My commission expires: , ; .'} ( ~ i.'.____ .f) /"/... /n1At _L Notary pUblic EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of Lot 1, Block I, ApplewooJ Gardens Subdivision o ' Jefferson County, Colorado; thence NO 48.2'W along the easterly line of Lots 2,3,4, 5,6 and 7 of said Block 1 a distance of 488.43 feet to the northeast corner of said Lot 7; thence continuing NOo48.2'W a distance of 50 feet to the northerly line of West 33rd Avenue; thence 589039'W along the northerly line of West J3rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said ^pplewood Gardens Subdivision; thence NOo48.2'W along the easterly line af the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, Jefferson County, Colorado;thence NOo31.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N89039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot 15, said point being on the westerly right-of-way line of Inter- state Highway No. r-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; 50030'E a distance of 266.70 feet; 589040'W a distance of 32.8 feet; and 56031'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,135, R 69W; thence 500173/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 29 ;t ence N8 4 .S E along t e south line of the NW 1/4 of said Section 29 a distance of 456.S7 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29; thence SOo36'E along the east line of the W"1/2 SW 1/4 of said Section 29 a distance of 60 feet; thence 589043.S'W a distance of 687.84 feet to a point 63S feet east of the west line of the SW 1/4 of said Section 29; thence NOo39.S'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4"of said Section 29 a distance of 240 feet; thence NOo39.S'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29; thence NOo48.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.S'E along the north line of West 32nd Avenue a distance of SO feet to the intersection of'the south line of said Lot 1 with the west 'line of said Loti; . thence NOo48.2'W a distance of o 95 feet to the northwest corner of said Lot 1; thence N89 43.S'E along the north line of said Lot 1 a distance of 115 feet to point of beginning. ~.._~~~~~;r ,~ ~~:~ ~ . ~ .., ". fit: ,~~?- S 77,,( 7~ '2/'" #~ fpJ 'S ,6~ /2'5 PET I T ION We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by ref- erence, do protest against the proposed rezoning of that property set forth in said Schedule A, to zoning classifi- cations of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of Wheat Ridge, Colorado. 1. 1 .I ! ~ ( f.- '<. L()' tv ..' , ,,' rCi.. t;\.J..L'L: / I, I I Lot 5 Block 1 Applewood Gardens Subdivision, Jefferson County, Colorado_ 2. LLi...-7, JLr.(.. I L (./ vLL<'t! I J \.." C L / ~L Lc.. c.. J ., Lot 6 B 10 ck---L-A pp lewood Gardens Subdivision, Jefferson County, Colorado_ / " 'I .' ,CC?l...d 3. >j01>, '-i 1:'")/1 e .......j" t'~ i' 1(.., / l/,I . -keL / ///(' I.. / Lot 7 Block 1 Applewood Gardens Subdivision, Jefferson County, Colorado. 4. Lot Block____Applewood Gardens Subdivision, Jefferson County, Colorado. I, Arthur F. Brunton , the undersigned, being of lawful age, and duly sworn upon my oath, do depose and say: That I circulated the above Petition and that each signature thereon was affixed in my presence and that each signature there- on is the signature of the person whose name it purports to be, and that, to the best of my knowledge and belief, each person signing the Petition was, at the time of signing, the owner of the property described opposite their names. ~p~~ Subscribed and sworn to before me this May, 1973_ day of '- .J b. ~~"'t- --( ~ L ~'-- / . 1.1 -~ ((: ~-yz-4 ..~ Notary Public My commission expires: r. 4, j.j75 -'"'--- EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of Lot I, Block I, Applewood Gardens Subdivision, Jefferson County, Coloradoj thence N0048.2'W along the easterly line of Lots 2,3,4, 5,6 and 7 of said Block 1 a distance of 488.43 feet to the northeast corner of said Lot 7j thence continuing NOo48.2'W a distance of 50 feet to the northerly line of West 33rd Avenuej thence 589039'W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivisionj thence N0048.2'W along the easterly line af the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5j thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot IS, Roxbury Gardens, Jefferson County, Coloradojthence N0031.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence NR9039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot 15, said point being on the westerly right-of-way line of Inter- state Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feetj 50030'E a distance of 266.70 feetj 589040'W a distance of 32.8 feetj and 56031'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,T35, R 69W; thence 500173/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 291;thence N89~43.5'E along t~uth line of the NW 1/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29j thence 50036'E along the east line of the W"1/2 sw 1/4 of said Section 29 a distance of 60 feet; thence 589043.5'W a distance of 687.84 feet to aopoint 635 feet east of the west line of the SW 1/4 of said Section 29j thence NO 39.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4..of said Section 29 a distance of 240 feet; thence N0039.5'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29; thence NOo48.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.5'E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of'the south line of said Lot 1 with the west 'line of said Lotl; . thence N0048.2'W a distance of 95 feet to the northwest corner of said Lot 1; thence N89043.5'E along the north line of laid Lot 1 a distance of 115 feet to point ~f beginning. .'-:;--::;~~~i:';f:~':'" -- -~-~,._- ..\ -----.--... '~-!".;...v'~~i'~;;f":-.'-' "~'~ '~,::.:~~~.~", ~..... ~' , , ' --', .. ,'*',; ~I )p~ ,-- < '-4 [. '/ ;7C:"~-~/"/ '" V , r' .~, / ~ ....-/ .:;""- -- -, /- C '-....... :;4< <(- -, -/.~/ .("" j ..J _)/ /,,;- PET I T ION We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by reference, do protest against the proposed rezoning of that property set forth in said Schedule A, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of Wheat Ridge, Colorado. 1. Lot 1 Gardens County, Block ~ Applewood Subdivision, Jefferson Colorado. 2. "- / _1'c..d,'\.J'" )0'\./ I/'~ ' , -<...,' y" L<... . ( Lot 1 Gardens County, Second Filing Block~ Applewood Subdivision, Jefferson Co lor ado. I \, 3. \.../ /, \... //-V\. :1 ,;::r !, . < ~U ~ _./1v/l~ Second Filing Lot 2 Block--L- Applewood Gardens Subdivision, Jefferson County, Colorado. 4. Lot Gardens County, Block____ Applewood Subdivision, Jefferson Colorado. I, Arthur F. Brunton , the undersigned, being of lawful age, and duly sworn upon my oath, do depose and say: That I circulated the above Petition and that each signature thereon was affixed in my presence and that each signature thereon is the signature of the person whose name it purports to be, and that to the best of my knowledge and belief, each person signing the Petition was, at the time of signing, the owner of the property described opposite their names. ~f:~ Subscribed and sworn to before me this May, 1973. day of 7 ,/ ,-"f (-{'_ j_/ /./"'.7 ?-);: -..i ,'\.- Notary PubYic My commission expires: I J c. 7t. '" ~ J EXHIBIT "Aft DESCRIPTION Beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, Colorado; thence NOo48.2'W along the easterly line of Lots 2,3,4, ~' 5,6 and 7 of said Block 1 a distance of 488.43 feet to the northeast corner of said Lot 7; thence continuing NOo48.2'W a distance of 50 feet to the northerly line of West 33rd Avenue; thence 589039'W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence NOo48.2'W along the easterly line ~f the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, Jefferson County, Colorado;thence N003l.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N89039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot 15, said point being on the westerly right-of-way line of Inter- state Highway No. I-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; 50030'E a distance of 266.70 feet; 589040'W a distance of 32.8 feet; and 56031'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,T35, R 69W; thence 500l73/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 29; ence N8 4.5 E along the south line of the NW 1/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29; thence 50036'E along the east line of the W"1/2 SW 1/4 of said Section 29 a distance of 60 feet; thence 589043.5'W a distance of 687.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29; thence NOo39.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4-of said Section 29 a distance of 240 feet; thence NOo39.5'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29; thence NOo48.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.5'E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of "the south line of said Lot 1 with the west 'line of said Lotl; . thence NOo48.2'W a distance of 95 feet to the northwest corner of said Lot 1; thence N89043.5'E along the north line of said Lot 1 a distance of 115 feet to point of beginning. ~ -:::;':';:';"i~~.~i.....~~~:~, . .~,~~~(~'~,',.~., .~. ....-....------- ~_. ,"C'_'~ . _..i':.;): 9~.." 'l' ~J . ~. , ,,;' .. r-, .- ~' ~' ......- ~--.. - ~ -' -: ~~,:,;, , -"./ (/;{.. 1 '::: -~~ -()....- ".->," t' ?:::J -;z/ c:: /; 'l' _ ~ /7/ /' _c~ Ii' MINUTES TRANSCRIPT April 26, 1973 Re. Rezoning Case WZ-73-0S Wheat Ridge City Council. Hearing. and Annexation No. 3 presented before the The following is a portion of the Public ALDERMAN CAVARRA: You mentioned buffers, what buffer do you have in mind for your 488 feet that would be adjacent to the Residential-One, DUAINE RICHTER: Well, I, I have felt and have always suggested an architectural screen, there are many ways you can do this, you can do it with architectural screens, you can do it with landscaping (Approx- imately 5 or 5 words not clear) - themselves. ALDERMAN CAVARRA: I imagine many people in this room are concerned about having a situation similar to across the highway where we have the Applewood Shopping Center adjacent to R-1 property. DUAINE RICHTER: There are some nice homes, in fact .... Does that seem to be a problem? ALDERMAN CAVARRA: I think it is to them. DUAINE RICHTER: Is it? How? (laughter). ALDERMAN CAVARRA: I think it's obvious. MAYOR ANDERSON: Ah, we're not going to get a good record, let's talk one at a time and talk loudly. DUAINE RICHTER: Well, I haven't been back there. I've seen the houses, they don't seem to suffer from (2 or 3 words unclear) .. they don't seem to have a lot of turnover. I've driven down the street. I've not gotten out and walked behind them. But you can do that with a building though, you can put a facade or a facie on the rear of a building wherein the building is just as attractive on the rear as it is on the front, as a matter of fact, I've seen that done frequently. ALDERMAN CAVARRA: It can be, but under your existing zoning, there would be no assurance. I think that is what Dr. Abramson was trying to get to with the Planned Development. There's absolutely, these people have absolutely no assurance that they would not be faced with something very undesirable. DUAINE RICHTER: That is true. That is correct. ~ .~ ~~'--r>!..-(._~..L.......... -;7 ,~-.-.r:,,'2--~c:-~ Louise F. Turner City Clerk CITY OF WHEAT RIDGE. COLORADO THIS IS HEREBY CEFnIF1EO TO BE A TRUE AND CORRECT COpy OF r#~ 7'z7--:... -1..- ~C"" .,.../.:.:.;-- c:) /-- ,::..C:.~.X:R..q&!...;;y:'.7.d.!; /k.; / "'~C:..z:::".f.:.::!__7.L..~:E h. ..,ec APPRev.tD AND/OR ADOPTED BY THE WHEAT RIDGE CITY COUNCIL ON -~-~--_."~~.-.'.~~_"~_.~.~.._._._"":_."'-"""__.___a___.~........~___... 4,..' /' "I:~'/ ~ <c- /G- /'" q ~-7 '5 DATED THIS...._..;:?_:..~_.._ _ 'f " DAY OF.!!.:.r......AD t 9.Il , -;,,':x.,.~~..Z:'..:!::.:;~~!:;.. L.OUISE F TURNER CITY CLEFlK City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would lIke to see the map. /' PET.!.T.!.ON We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by reference, do protest against the proposes rezoning of that property set forth in said Schedule A, to zoning classifica- tions of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of the City of Wheat Ridge, Colorado. 1. 7JJo>dA:.c~ (! ~-L.~ A-_ :3?- fi ~~--?-ef' (//, y 2.,A~ K f)~ J.2.3 ~ ~ d, 3. ~~ j2e.k~--, ~ -tJ.tjs;,}t~fj-)d-4"'q, ~?f7l/~~~ 3:f. J/-K Zt>1HU~ aAJwJ1A t 5. ~14c1~.fL ~'t; Lot L Block-L.....- Applewood /} \ i ~;. Gardens Subdivision, Jefferson 3;; j.f %.(,..VfA.....(9.L l..(' ~'L County, Colorado, k~own and ,;/ numbered as .) }. J / -: < ,~, ,... {~ , ~~~~ J2-J'i ~ {/ 7.,~j!)1(L ,l;i;L 6. 13,1./~ tt/ Ihd t:Zv..e--... i ~7 (. 8. ~ I ~ g,;<f )7/b/;J;J' , .~ I. /) (c)/l' ~!e, 9. -:; / C....., , ...-:' Yv.~ ';f'l-L1.1'; tA , " Lot .~ Bl~ck -L- Applewood Gardens Subdivision, Jefferson County, Colorado, known and null'\bered as :)_./ ~-:L/ -)'_ 'L-,'J~ '- ,-v/, Lot~ Block-L- Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as ..):-" '; / )Li' >c., '. i'l, Lot~ Block -L- Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as ~:'~ </~/ ?,c ,~, '-:... (i /' Lot~ Block ~Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as _ I .' <( / .7, h',", c.1 i , Lot ~ Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as .-) j ", /' :;"""''-'/ (' / Lot 'I Block -L- Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as 13/'11, 0;{)3 ~ Lot ~ Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, known an~ numbered as 131 ~l-, t.J :33 t.Lt.112 , . Lot ~ Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado ,:known and ~1 ' .-,~ '\.' -;1 I / numbered as '1Ql: ~'". /,jC/f( /;;(""" --t' '/ O~Ji-1rH'..iE;"JT:J [XHIGIT3 ;;1 2. //? 1.;;'2G/73 \....;(r1-~ /! 10. /...,~ ,. L . , L ~.... - ~.. {,' L ( " Lot ( Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, Known and numbered as. 1'~' ~,'</ .:;~ """ c, ,'1'/ ~; ,-: 7 ;) / .::-.' - < "- <_ ,_ _ (J_T .., j).--I 11. I~ k.. r~t*-" o . , ') ) ~ .c-~ I ~_ L_...... f..........;:\ v (r Lot ~ Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as .'. l '/ -~ . L / I Lot I ~ Block ~ Applewood Gardens Subdivision, Jefferson county, Colorado, known and numbered as ; .:-' . -) -; - / c (I I - :.c. ; 0~,3(1 h, , ,..A _ l...'t-'...L1 J J'~/ ~jL.....t ,/\ I 12 .' I "'. I, I c( "',,-.<._pLI<L , I, II'j.4 I: II \', r-)( ,-} ,'} (j,' , the undersigned, being of lawful age, and duly sworn upon my oath, do depose and say: That I circulated the above Petition and that each signature thereon was affixed in my presence and that each signature thereon is the signature of the person whose name it purports to be, and that to the best of my knowledge and belief, each person signing the Petition was at the time of si~nin.g the owner9f... the. property described opposite their names. /~~i... t (!.__,{'C, Jcfc L n ., Subscribed and sworn to before ;t this b ~11 x b,. , 1973. Nota~ Public My commission expires: MY eommTssTon ElCSlTm Jan. 26. 1977. -2- (". EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, Colorado; thence N0048.2'W along the easterly line of Lots 2,3,4, 5,6 and 7 of said Block 1 a distance of 488.43 feet to the northeast corner of said Lot 7; thence continuing N0048.2'W a distance of 50 feet to the northerly line of West 33rd Avenue; thence 589039'W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence N0048.2'W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot IS, Roxbury Gardens, Jefferson County, Colorado;thence N003l.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N89039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot IS, said point being on the westerly right-of-way line of Inter- state Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; 50030'E a distance of 266.70 feet; 589040'W a distance of 32.8 feet; and 5603l'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,T35, R 69W; thence 500l73/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 29 ;thence N89043.5'E along the south line of the NW 1/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29; thence 50036'E along the east line of the W'1/2 SW 1/4 of said Section 29 a distance of 60 feet: thence 589043.5'W a distance of 687.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29; o thence NO 39.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4-of said Section 29 a distance of 240 feet; thence N0039.5'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29: thence N0048.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.5'E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of said Lot 1 with the west line of said LotI: thence N0048.2'W a distance of o 95 feet to the northwest corner of said Lot 1; thence N89 43.5'E along the north line of said Lot 1 a distance of 115 feet to point of beginning. " ...- / PET1.T1.0N We, the undersigned owners of property which is adjacent to and contiguous with that property set forth in Schedule A, attached hereto and incorporated herein by reference, do protest against the proposes rezoning of that property set forth in said Schedule A, to zoning classifica- tions of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 73-05, currently pending before the City Council of the City of Wheat Ridge, Colorado. 1~(,"; Lot .5' ~c"f 1 Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as J 3 / ~ 7 uJ. :3 '31-) ~ l.{1i~ f.(~ /~). ztI 2. !in! JJjJn!__- , 1 3.-./, ~ ( / I ,Ii Iii. f r I ..,I I' ~ 4. Cil~<t5- ,{ ~/,/y; ,/ 5. ~~...R:'- "'-(' < r. -;.-k.' ~ ,;: \:>4_~ 6. .... . ~ '-1J,.~j 'U - n ;;:', J:/r-tf, . ,/.;./",,/ 5;r;' /1-;:--(.):'-<?~ 7. ~"' " It () l1. . , p /. ,--y 8. /J/LCo. L /..., l( \ lL i.c .' < (. c) 9. Lot-L- BlOCk~ Applewood Gardens Subdivision, Jefferson County, Colorado, known ard numbered as /)7-" :.',' (, (//{ t. / Lot-J- Block ~/ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as . )'-7 J-c ;:"f -!/" _ Lot ~ Block Lj' Applewood Gardens Subdivision, Jefferson County, Colorado, known and / numbered as /5//7 7(>'.3~ -i:...d . Lot;2 Block~ Applewood Gardens Subdivision, Jefferson County, Colorado, known and . numbered as 1-",3. / ? 7 !..c.' '3.3 /z-f ~ 1 (;/'f Lot ~ Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, ~nown anc;l _ numbered as / ]/;';1 );/ ; ~;. ,,;{ [( r Lot -L- Block ~ Applewood Gardens Subdivision, Jefferson County, Colorado, known.and numbered as r-j :', 'It (L L j" '. (l~ Lot ~ Block ;c Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as .3 3/:;- 0 p~j.(tJ, <7_ Lot ___ Block ___ Appiewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as 10. Lot Block ___ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as 11. Lot Block ___ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as 12. Lot Block ___ Applewood Gardens Subdivision, Jefferson County, Colorado, known and numbered as I, /}.] ,+/( 1/ (7 [)c' '/ r~ c J\' , the undersigned, being of lawful I age, and duly sworn upon my oath, do depose and say: That I circulated the above petition and that each signature thereon was affixed in my presence and that each signature thereon is the signature of the person whose name it purports to be, and that to the best of my knowledge and belief, each person signing the Petition was at the time of signing the owner ot the property described opposite their names. L~ Up/l; d Subscribed and sworn to , 1973. of ';1 My commission expires: .-- . - .- 28. 1m My o,nll.,"bn ItJcptr8t · -2- e. EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of Lot 1, Block I, Applewood Gardens Subdivision o ' Jefferson County, Colorado; thence NO 48.2'W along the easterly line of Lots 2 3 4 , , , 5,6 and 7 of said Block 1 a distance of 488.43 feet to the northeast corner of said Lot 7; thence continuing N0048.2'W a distance of 50 feet to the northerly line of West 33rd Avenue; thence 589039'W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence NOo48.2'W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence 589039'W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, Jefferson County, Colorado;thence N003l.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence NR9039'E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~ortheast corner of said Lot 15, said point being on the westerly right-of-way line of Inter- state Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; 50030'E a distance of 266.70 feet; 589040'W a distance of 32.8 feet; and 5603l'W a distance of 547.73 feet to a point 70 feet north of the south line of the NW 1/4 of Section 29,T35, R 69W; thence 500173/4'E a distance of 70 feet to the south line of the NW 1/4 of said Section 29 ;thence N89043.5'E along the south line of the NW 1/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW 1/4 of the NW 1/4 of said Section 29; thence 50036'E along the east line of the W"1/2 SW 1/4 of said Section 29 a distance of 60 feet; thence 589043.5'W a distance of 687.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29; thence NOo39.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of 15 feet; thence S89043.5'W parallel to the north line of the SW 1/4-of said Section 29 a distance of 240 feet; thence N0039.5'W a distance of 45 feet to the north line of the SW 1/4 of said Section 29; thence N004B.2'W parallel to the west line of the NW 1/4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N89043.5'E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of said Lot 1 with the west line of said lotI; thence N0048.2'W a distance of o 95 feet to the northwest corner of said Lot 1; thence N89 43.5'E along the north line of said Lot 1 a distance of 115 feet to point of beginning. . r PET I T ION We, the undersigned residents of the City of Wheat Ridge, do protest against the proposed rezoning of that property set forth in Schedule A, attached hereto and incorporated herein by reference, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 72-05, currently pending before the City Council of the City of Wheat Ridge, Colorado, for the following reasons: 1. Establishment of commercial property in the subject area would result in additional traffic congestion on 32nd Avenue. Wheat Ridge residents working in the Golden area would find the presently difficult traffic situation in the area intolerable. 2. The increased traffic congestion in the area would increase the hazards to children of Wheat Ridge residents walking to and from Manning Junior High School. 3. It cannot be demonstrated that additional commercial ventures in the subject ar2a are needed to serve the requirements of the citizens of Wheat Ridge. Existing commercial establish- ments east of, and along, Youngfield Avenue are sufficient to serve these requirements. 1. \ , I ~. t 11. / ' , of \ ' I \ of f ...... !, i.1.. 12. -, 2. of r -I- J L . / of . , 3. I " I J r / IJ 13. of i ! of 4. / 14. - of c.. of 5. ,{ -, / , 15. of 'A { , .( of 6. /0 r 16. !/ \ I of 1/ of (, r' f. I 7. 17. ) It of J: X-) l1Vl/~r/ of /{ ~'I6. V- 9. J< cite. \] 2~y-,~(\!,-- if T yo} i.. \ "J of .~ <) J '3 Lv' I:" -J~I /tf.. 10. r l/ ~v/>'/"''';hcL c..c . /. ./' .:) ~ 63 /t/-z~.-.c',,>../T- of 18. / / / of 19. . of 20. ... (.'.'-'"",10" of of (. i -~ EXHIBIT "A" DESCRIPTIO~ Beginning at the northeast corner of Lot 1, Block I, Ap?le~ood G~rdens S~ou~vision, Jefferson County, Colorado; thence N0048.Z'W alonz the easterly line of Lots 2 3 4 U' ) ) ) 5,6 ~nd 7 of said Block 1 a d.stance of 488.43 feet to the northeast corner of s6~d Lot 7; thence continuing N0048.2'W a distance of 50 feet to the northerly :lne of West 33rd Avenue; thence 5890:)9'W along the norther-ly line of W<ost :;3rd Ave~.ue a distance or 92 feet to the southeasterly corner of the west 30 feet or Lot 5, :lock 4 or said ^pplewood Gardens Subdivision; thence NOo4S.2'W along the ertsterly line or the west 30 feet of said Lot 5 a distance of 130 feet to the north lin~ or ~la Lot 5, thence 539039'W along the northerly line of said Zloc~ 4 a cistance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbur-)' G.:.rde,.s, Jefferso~. County, Co:orado;thence NOo31.3'W rclrallel co the east line of s~iJ Lot l5 ~ dis~u~ce of 205 fee t to the north 1 i ne 0 f said Lot 15; thence "B9039' E along tb2 nortn li"," of said ~ot 15 a distance or 728.38 feet to a point 334.1 fe~t west of the~~ortn~ast corner of sa~d Lot 15, said point being on the westerly ri~ht-of-waY line of ~nter- state ::ig\way :~o. 1-;'0; thenc~ southerly along t;-,c westci.:"ly right-of-w~y l;..~....e c.f ti...._G. ;.-;ighway for the following four courses: S6037.5'Wa ciist;::nce of ll,9.2 feet; 5003C,':::; a ciistance 0: 266.70 feet; 589040'W a distance of 32.d feet; and 560Jl,'W a ,;istance of 547.73 feet to a point 70 feet north of the south line of the ~" 1/4 of Section 29,735, R 69H; thence 500173/4'E a distance of 70 feet to the south line of t~e ~w 1/4 of said Section 29 ;thence N89043.5'E along the south line of the ~, l,/4 or said Section 29 a distance of 456.57 feet to the southeast corn~r or the SW 1/4 of the ~, 1/4 or said S2ct~on 29; thence 50036'E &long the east line of t~e W'1/2 SW 1/4 of sdid Section 29 a distance of 60 feet; thence 589c43.5'W a distance of 637.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29; thence N0039.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance of lS feet; the~ce SS9043.5'~~ parallel to the north line of th~ S~ 1/4-of saici Section 29 a dis~~nce of 240 feet; thence N0039.5'W a distance of 45 fcet to the north li~e of t~e SW 1/4 of said Section 29; thence NOo48.2'W par-allel to the west line of the ~w 1/4 of said Section 29 a distance or 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N39043.5'Z alo~g the north line of West 32nd Avenue a distance of 50 feet to the intersection of the south L.ne of silie. :;.at 1 with the west line or said LotI; thencg NOo48.2'W a distance of 9S feet to the northwest corner of said Lot 1; thence N89 43.5'E along the north line of said Lot 1 a distance of 115 ieet to point of beginning. PET I T ION We, the undersigned residents of the City of Wheat Ridge, do protest against the proposed rezoning of that property set forth in Schedule A, attached hereto and incorporated herein by reference, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 72-05, currently pending before the City Council of the City of Wheat Ridge, Colorado, for the following reasons: 1. Establishment of commercial property in the subject area would result in additional traffic congestion on 32nd Avenue. Wheat Ridge residents working in the Golden area would find the presently difficult traffic situation in the area intolerable. 2. The increased traffic congestion in the area would increase the hazards to children of Wheat Ridge residents walking to and from Manning Junior High School. 3. It cannot be demonstrated that additional commercial ventures in the subject area are needed to serve the requirements of the citizens of Wheat Ridge. Existing commercial establish- ments east of, and along, Youngfield Avenue are sufficient to serve these requirements. 11. n1.AI ''tA.-I I /7 , / , ~i5:LI J~_{_Aj...<__<_j~ 1. /' of 2. of -4'2:/ 12. of 3. ~/lAJ-....)."i~ v. 9 L y;~~a.-<J -' of ~....? 9' /J u.J ,vL-ol J20!- / . 4. of / / /1 5. .I I of i ( , / , . / 6. i.J _ /" of 16. / of ( of 7 '-"1/ -, 1 . ,.,.' 1."c'I'" .) . 1// Ij .~ {/ ha' L. / I. 1..: _ ~ / 17. ~ /. u.......--A--- .~/_t'/V-<t?'~ of .~'.J ; < I .,c ; . L.. _ t. of ~ci~A {L;~.-, th,..v,. /f1 '1/, / \- L--J(TL /Ill- I.. ;l1,Y"~ 8. L. -r=:, _/'71 7.( . ~- '3 2.. '> ........ '2-'''"'-7_~ ~--C 18. of of I ' .., '-. ''I I, t ~ ~ () lr 1/ 1,,-,,iVo~ L ----,/. " (' 9. U A.. ^L-.yv~_t<- IL/<.. L U I of 3~ ~-). 'l'o\..(..-~t~~ k,'1 \ ) 1 / 10. ;-= I~ JS t( l-A~~";{. '.... C ?l of :5 jt} 2- L 1.{,-0>~.t l 19. . 1:::'>""-1,' ('~, f- f < U4.S of ') ;;) 1) L 'Jl . (l ,', ~ H.<..l(' 20. 7d~ riel , /{u,' i.. of " "i . ' " ,.. ~ ;. Li.-Li~:. . /il. ( EXHIBIT "A" DESCRIPTION Beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Suodiv~sion, Jefferson County, Colorado; thence N0048.2'W along the ed~terly l~ne of Lots 2 3 4 , , , 5,6 and 7 of said Block 1 a d.stance of 488.43 feet to the northeast ccrner of S&4Q Lot 7; thence continuing N0043.2'W a distance of 50 feet to the northerlY line of West 33rd Avenue; thence 589039'W along the northerly line of West ~5rd ~venue a distunce of 92 feet to the southeasterly corner of t~e west ~O f~et 0: Lot 5, Eloc~ 4 of said Applewood Gardens Subdivision; thence ~004o.2'W along the c.,sterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of dla Lot 5; thence 539039'W along the northerly line of said Bloc~ 4 a distance or 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury G~rdens, Jefferson Cou~ty, Co~orado;thence XOo~l.~~W p~rallcl to the cast l~nc of s~~d Lot 15 & oi$~&~ce of 205 feet to the north line of said Lot 15; thence ;';;J9039';::: 310:12 the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~orth~a5t corner of said Lot 15, said point being on the westerly right-or-way line of rnte~- st.a:.:e l~:i.i:hway ~~o. 1-7v; ~hence southerly a:'ong t~...e wc.scer-ly riLhc-of-w;iY 11.4112 of .s:.;.ic liighway for" the io~lowing four courses: Soo37.5'~ a dist~ncc of 1:9.2 f2~~; 5003~IZ a eista~ce of 260.70 feet; 589040'W a distance of 32.8 feet; a~d 56031'W a ~istance 0;: 547.73 feet to a point 70 feet nort;, of the south line of the ;,,.J l/4 of Sectio~ 29,~35J K 69W; thence SOo173/4'E a distance of 70 feet to the south line of the ~,.J 1/4 of said Section 29 ;thence ;';S9043.5'E along the south line of the :~, :/4 of saic Section 29 a uistance of 456.57 feet to the southeast corne~ of the SW 1/4 of the ~w 1/4 of sai~ Section 29; thence S0036'E ulono the east line of the W"1/2 SW 1/4 of said Section 29 a distance of 60 feet; thence 589043.5'W a d~stance of 687.84 feet to a poine 635 feet east of the west line of the SW 1/4 of said Section 29; thence ~0039.5'W parallel to the west line of the SW 1/4 of said Section 29 a distance f . C - . S89043 5' U '. 1 h h .' .c \.. C',." /4 - .. C' . o ~J ~ect; cne~ce . l~ paralLc to tie nort ~~ne o~ tl.e ~~ l -o~ SaLG vcct~on 29 a distance of 240 feet; thence NOo39.5'W a distance of 45 feet to the north line of the S~I 1/4 of said Section 29; thence N0048.2'W parallel to the west line 0: the ~w 1/4 or said Section 29 a distance of 30 feet to the north line of West 32r.d Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence K39043.5'E alon~ the nort~ line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of saie Lot 1 with the west line of said lotI; thence ;';0048.2'W a distance of 95 feet to the northwest corner of said Lot 1; thence N89043.5'E along the north line of said Lot 1 a distance of 115 ieet to point of beginning. PET I T ION We, the undersigned residents of the City of Wheat Ridge, do protest against the proposed rezoning of that property set forth In Schedule A, attached hereto and incorporated herein by reference, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 72-05, currently pending before the City Council of the City of Wheat Ridge, Colorado, for the following reasons: 1. Establishment of commercial property in the subject area would result in additional traffic congestion on 32nd Avenue. wneat Ridge residents \\Torking in the Golden area would find the presently difficult traffic situation in the area intolerable. 2. The increased traffic congestion in the area would increase the hazards to children of Wheat Ridge residents \\Talking to and from Manning Junior High School. 3. It cannot be demonstrated that additional commercial ventures in the subject area are needed to serve the requirements of the citizens of Wheat Ridge. Existing commercial establish- ments east of, and along, Youngfield Avenue are sufficient to serve these requirements. 1. ',) '.. i ( <,I L ~ \. ,~ of .-I , -, l! 2.)/ C . I I f 3 '; if / ) \ , o __ / '. / I l. ) / / ! .-f ri, j{ L / ,"- .--::, J! / L ~ _. L 3. / /> of , 4. /. ! / /) '/, , of ---{ / /. / ; / / /' 5. y ---+ ,!.--- I L..,.::,/' b - , of .- -. / r' I \, / C ,L 1 -(.../~,-,,~L / /LL 6 . 1- - of '- 7 . / / -' " of / 8. /.!/( L-/' II ) I, fl ; ! of ) 9. ; .------ , / of 10. i '< of v / "'-.. EXHIBIT "A" DESCRIPTION Beginnins at the northeast C0rner of Lot I, Elock 1, Apl)le~..;ood C(.l~uens SL:l.H;....v_sion, Jefferson County, Colorado; thence NOo48.2'W along the eastE~ly 1_~2 o[ ~ot~ 2,3,4, 5.6 and 7 of said Elock 1 a ,~~stance of 406.43 fe~t to tne nort~Q~~t C0~ncr of s~~d Lot 7; thence contin~ing N0043.2'W a distance or 50 [eet ~o the northc~ly .ine of West 33ra AVenue; thence 589039'W along the northerly line of Wt~t :3~d Ave~ue ~ dist&nce or 92 feet to the &ou(heaste~ly corner or t~e west 3D f~~= of Let S, Block 4 oi sald ^?p:ewood Gardens Subdivision; thence ~Go~3.2'W ~10ng t:le ~~stcrly line of the wcs: 30 feet of said Lot 5 a distance of 130 feet to the nortll lin2 of ~.~~J Lot 5; thence 539039'W along ~he northe:ly line of said Zloc~ 4 a JLsta~ce of 211.03 feet to a point 1062.48 feet west of th<2 e<lst line of Lo;: 15~ ;'OX0U:-Y G....rde....s, ';cf::e:-.:;or~ County, C0~or~do,tnence :;Oo~l.~'W ?~r~llel co the ease line of SJ_J Lot ~5 ~ ciis~~~ce of 205 reet to the north line of said Lot 15; thence ",,9039';;; :llon;:; the nort.. 1l.T'.~ of said ~ot 15 a distance of 728.38 feet to a point 334.1 feQt west of the~o~tneast corner of said Lot 15, said point being on the westerly rlght-of-\~~y line of :~LC:- st.:-}.:.:~ ~:::'L.;l\.Jay ,-0. ~-70; thenCe SOL.th2::-1y a~ong Lt2 wesce::ly ~i::;hL-0f-w;~y lille 0: ;;L..:;:"-:' ~i2hw~y io~. ~~le fo:~owing fou~ courses: Soo37.5'W a dist&nce of i~9.2 f22C; 5Go~C'Z . . - 2 r - 7 ^ - O" c. 04 0 '1,1 d . r 3') c - , 5.,0 r - '" ' . a G~scance 0: 00. U reet; ~~7 a ~stancc or _.u l~et; anG 0 5~ w a clsta~ce of 547.73 reet to a point 70 feet north of the scatn line of the ;~, 1/4 of Section 29,T35, ;;, oSH; thence 5Go173/4'E a distance of 70 reet to the so~tn line of the ~"" 1/4 of said Sectio., 29 ;thence N89043.5'Z alonr; the south line of tc.e ~-.l 1/4 0:': sai6 SecLio~ ~y a uistance of 456.57 feet to the so~tneast corn~~ of the SW 1/4 of h --, "I' - . ~ '9' cOo"'E 1 '- - '''"/2 Sf) t~e ~w 1 ~~ 0: SalG ~ectLon ~ : tnence ~ ~o a ong t~e eas~ L_n0 of ~n2 w 1 ~ 1/4 or said Section 29 a distance of 60 feet; thenc~ 589043.5'" a G~st~~ce of 637.84 feet to a point 635 feet east of the west line of the SW 1/4 of said Section 29: thence ~Oo39.5'W parallel to the west line of the SW 1/4 of said Scct~on 29 a distance of 25 feet; che~cc S89043.5'W parallel to the nor~h line of th~ S~ l/~-oi sai6 Section 29 a dis~ance of 240 feet; thence ~0039.5'W a dis:ance of 45 feet to the no~th ~ine of the SW 1/4 0:': said Section 29; thence NOo48.2'W parallel to the west line of the NI' 1/4 of saie Section 29 a cistance of 30 feet ~o che north line of West 32~d Ave~uc) as shown on the plat oI said Applewood Gardens Subdivision; thence N~9043.5';;; along the nor;::" line of West 32nd Avenue a distance or 50 feet to the intersection of the south line or said ~t 1 with the west line of said LotI; thence N0048.2'W a distance of 95 feet to the northwest corner of said Lot 1; thence N89043.5'E along the north line oi said Lot 1 a distance of 115 feet to point of beginning. PET I T ION We, the undersigned residents of the City of Wheat Ridge, do protest against the proposed rezoning of that property set forth in Schedule A, attached hereto and incorporated herein by reference, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 72-05, currently pending before the City Council of the City of Wheat Ridge, Colorado, for the following reasons: 1. Establishment of commercial property in the subject area would result in additional traffic congestion on 32nd Avenue. Wheat Ridge residents working in the Golden area would find the presently difficult traffic situation in the area intolerable. 2. The increased traffic congestion in the area would increase the hazards to children of Wheat Ridge residents walking to and from Manning Junior High School. 3. It cannot be demonstrated that additional commercial ventures in the subject area are needed to serve the requirements of the citizens of Wheat Ridge. Existing commercial establish- ments east of, and along, Youngfield Avenue are sufficient to serve these requirements. 1. ;::. L{ .>,' ,/.' '- L t .:,- :...- ..-?-- y ~. 11. f." ,', r/ ' o ,'1 ,) () ,') ! " <:/. . " _ ~ ' L "/.J /-, . ~-'L ,-,0.- \.--1<- of 2. {,;'; I. {/ ~,,' y II 12. of " :S /1 ! l -J' :.;. ,. ,I / 3. { , /. ~. ~ . ~ " , { - of of 13. of ./ , " /' 14. {:".( of /' , , -. / i.. , , I~\.. 15. ,..., Go. ,/ / I' /, r--t ;' of 16. of 17. of 18. of 19.. of 20. of EXHIBIT "A" DESCRIPTIO~ Beginning at the northeast corner of Lot 1, 3lock I, Ap?le~ooJ G~rGens SGoclivision, Jefferson County, Colorado; tnence N0048.2'W along the eastcr:y :i~e o~ Lacs 2,3,4, 5,6 and 7 of sai~ Block 1 il ci~stance of 488.43 feet to the northeast cor~er of s~4d Lot 7; thence continuing N004S.2'W a distance of 50 feet to the no~therly :ine of West 33rd Avenue; thence 589039'W along the northerly line of WLst ~3rd Ave~ue a distance of 92 feet to the southeasterly corner of t~e west 30 feet of Lot 5, B:ock 4 of said Applewood Gardens Subdivision; thence NOo4o.2'W along the e..sterly line of the west 30 feet of said Lot 5 a distance of 130 feet to tl1e north lin~ of ~;~id Lot 5; tnence 589039'W along ~he northerly line of said Block 4 a dL~ta~ce of 211.03 feet to a point 1062.48 feet west of the east line of Lot IS, Roxoury G~rJens, Jefferson Cou~ty. COAor~do)thence ~;Qo31.~'W p~rallcl :0 the e~sc linc of s~_d Lot ~S ~ 6is~~~ce of 205 fee t to the north 1 ine of sa id Lot IS; thence Nd9039' Z along the nort" 1 in..; or said ~ot 15 a distance of 728.38 feet to a point 334.1 fe~t west of the~arth~ast corner of said Lot 15, said point being on tbe westerly rl.ght-of-"ay lL',e of :;:-~e..- st.::..:e :-:i~"1way :,0. I-7C; thence southerly a:'o:-..g Cj'c wesce::-l;' -::-i;ht-o~-w~'J :.........~ 0: 3.--..:c. ~:ig;l\.}dY for' I-:le fo::'o\.Jing four courses: S6037.5'\,} <:i diGt<::n..::c of 1.::'9.2 f<.-ct; 50o:)v1Z a distance o~ 266.70 feet; 589040'W a distance of 32.8 feet; a~~ 56uJi'W a Lista~ce 0: 547.73 reet to a point 70 feee north of the south line of the ~0 1/4 0: Sectioa 29,-;:35, R 69\01; :::henc~ 500173/4'E a ciscance of 70 feet to the se,uth li..-,e or the .\~": 1/4 or said Section 29 ;thence N39043.5'E along the south line of the ~J 1/4 of said Sect~on 2~ a Gistance of 456.57 feet to the southeast corner of the SW 1/4 or the ~""I"l' :/4 of saic. Sect..Lon 29; :.:hence SOo3o'E along t:1e east lin~ of t:L~ \'J~"1/2 STJ 1/4 or said Section 29 a distance of 60 feet; thence 589043.5'\01 a d~stance of 687.34 feet to a pOlnt 635 feet east of the west 1ino of tbe SW 1/4 of sai~ S~ction 2~; thence N0039.5'W parallel to the west line of the SW 1/4 of sa.d Section 29 a distance of :5 feet; [hc~c~ S39043.Sr~~ paral:el to the nor~h line of tn~ ~~ ~/4-of saie Sec:~o~ 29 a dis~unce or 240 feet; thence ~0039.5'W a dis:ance of 45 fcee to the north ii~c of the 5H 1/4 of said Sect.l.on 29; thence N0048.2'W parallel to the w..;st line or the }''W 1/4 of said Section 29 ti Gista~ce or 30 feQ: ~o Lhe north line of West 32nd Avenue, as show~ O~ the ?1~~ of said A?plewood Gardens Subdivision; thence ~J9043.5'L ulo~g the nortn line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of s&io Lot 1 with the west line of said LotI; thence NOo43.2'W a disLu~ce of 95 feet to the northwest corner of said Lot 1; thence N89043.5'E along the north line oE said Lot 1 a diLtance of 115 feet to point of beginning. PET I T ION We, the undersigned residents of the City of \Vheat Ridge, do protest against the proposed rezoning of that property set forth in Schedule A, attached hereto and incorporated herein by reference, to zoning classifications of Commercial One, Restricted Commercial One and Residential One A, as such rezoning is more specifically set forth in Case No. WZ 72-05, currently pending before the City Council of the City of Wheat Ridge, Colorado, for the following reasons: 1. Establishment of commercial property in the subject area would result in additional traffic congestion on 32nd Avenue. Wheat Ridge residents working in the Golden area would find the presently difficult traffic situation in the area intolerable. 2. The increased traffic congestion in the area would increase the hazards to children of \Vheat Ridge residents walking to and from Manning Junior High School. 3. It cannot be demonstrated that additional commercial ventures in the subject area are needed to serve the requirements of the citizens of ~llieat Ridge. Existing commercial establish- ments east of, and along, Youngfield Avenue are sufficient to serve these requirements. l. ll. of of 2. '- ...., i -' .-;. ~ ] < 12. < J_t , ! ; il ,/ of T;; of 1, \ I L/C~'i. 3. (. i , ,/ r) J II" /(. 13. , .} " , ':, .( I of of , / ,~ g,~ ~r~h~L )~/VVJ ]2('<: ).. }) I '.. *- J j J(<1-c~ \/~~~ /J , J/ R ,/ fI(f..J7:i ~. j~:t. 3352 j/4.~~ Av. 4 . 1. _ ~ + /\--, (( , < ~., " , ,- ~ 14. \~ ... ----------~ \ - \~--( ~ I.) ~ I vtt..... of .~ "l ') s- L I. "'d-( .\ I ;<~~ .' ; of 66 :S:::2- J iI) , C"\ r , '\" 15.~ln G1)~\ of :r:" :,1 Ii d', 'h~i' ""':.I \'l L ...4' / L ~ \ ' . '-""1 ') \ \ Y 16. ~~~ /1 7~~-- of ;') ('j -l!r-'7~-?_ ;;;r; VI -, J J 17. ~~/'-1 (A.~Ll'~ ( . 1 of ')-;"3 5' I t ~, -< ~._, t',- {) . jI I //;: '/ 18. '/l (.~..f 2 /t. /l (".C'/' J (~IL (>- , l of '3 ~ <).. I I ,'I.' C( I e'/ 5. ( I, L r " J / c; /. f of I u ( /\ J 6. ' I "~(.,r , <.-- J of "i ~ ) I' I ./ 1/ ../ 7 . -. . of 8. I, I. e , \ , / of oj f , I '. 9.~/P~ 7Y'~ of ~~ ~;1.. :?J~' L . 19.. of 10. ; / /..t.c.'l..cd), , " 'J lLuJ L.r:<---J.-y-J 20. of .:5';;{ ,;{ :2 (./ ~ --' < u't.--7 ~ ..4/t... of EXHIBIT "A" DESCRIPTI0i1 Beginnlog at the northeast C0r~2r of Lot 1) 310ck I, ;P?:c~ooJ C~rl'l:ns SLJ0~VASion, Jefferson County, Colorado; thence N0048.2'W alon~ the eusterly :_n~ or LO~a 2,3,4, 5.6 unci 7 oi saiu Block 1 a u~stance or 465.43 reet to the ~0rt~e~A~t cc~~ ~~ or s~.ci Lot 7; thence continuing NOo~3.2'W a distance of 50 feet to the n0:th~~~y ~L~e of West 33rd Avenue; thence 589039'W along the northerly line of WL~t 33rd AVC~LC a ciistu~ce or 92 feet to the sout\easterly corner of the west 30 feet or ~o: 5, 010CK 4 oi said ^pplewood Gardens Subdivision; thence NGo~6.2'~ ~lon3 the c<lstcrly line of the wes: 30 feet of said Lot 5 a distance of 130 fee~ to the north l~~~~ of .~d Lot 5; [lienee S3g039'W .:ll.ong ~he northe:ly ~ine of sujci. Blocr< 4 u ~...:;(3r.ce of 2:-".03 l.eet: to a point 1062.48 feet west of the east line of Lot 15) ~oxbury G~ruensJ Jcifc~so~ County, COL0r&doJtne~C0 ~Oo31.~'W p~ral1el ~o the cast li~e of s~~~ ~ot :5 ~ 6is:~~ce of 205 feet to the nort:1 line oi said Lot 15; tnence r;il9039'Z ;1:0";; ch" "orCn :i"" of said .....ot 15 a distance of 728.33 feet to a poir.t 334.1 fee,t \.Jes:: of t~n~ ~.'ortc:~d.st corner of said Lot 15) said point being on the yesterly rL;tt-of-w~y li~e of I~:e~- sL:i1::::c ~:""'L..-1\....J.)' :.). I--::'; :.:hei1Ce SG~~(-\.~~iy a:'ong 1..:,--'2 wcs.::e:..:-ly ri~h':::-0:-W;.y l......:e vI -.lLi::<i ~~iZbw~y [or'i:he io:lowing :;:vur courses: Soo37.5i\^/ J. dist<:.nce oi J.~0.2 ~l\..;LJ 500J,:)I::; .. - 26' 70 - 50,040,,, ,. - 3~ 0 - . S.o.c lu .a GistartCe O~ o. ree.t; o~ . I(Ij ti G.1.5tance. or a...O tt.::et; tiflG v .J.. r"i a L,.;...stCir1Ce o~ 547.73 reet Co a ooint 70 feet north of the scuC~ line of the ~.; 1/4 of Section 29,T35, ~ 69W; thenc~ 500173/4'E a distance oi 70 feet to the south li~e o~ the ~~~; 1/4 of s&id Sectio~ 29 ;thence NS9043.5'S along the south line of the ~J 1/4 of said Sect~on 2~ a ~_stance of 456.57 feet to the southe~st cornc~ 0: tl\Q SW 1/4 o~ t. ,~", ". ).. '00-.,- 1 t' . I . ""l/L." C:'.' ae .~I" J../'4 Oi: Stil.t... .:.,.2ct....on .....":J; :':nenC8..J ,,)0 C U onb ne C<1.fi.... .....nc or .....l,~ w ...... 1/4 of S31d Section 29 a distance or 60 feet; thence 5a90~3.5'W 3 ~istancc of 637.64 feet to a point 635 feet east of the west line oi the SW 1/4 ot Kaid SQct~on 29; o thence NO 39.5'W oar;111el to the west line of the SW l/~ of said SccClon 29 a distdnce of :s f~~t; thc~c~ SJ904~.5tW para:lel (0 the ~or~ll :ine of t~2 S~ l/~-oi s~id Scc~~on 29 a cis~unc0 of 240 feet; thence NOo39.5'W a d~st~nce of 45 fcc~ to ~;~e ~ortn ~i~e of the SW 1/4 of said Scctlon 29; thence N0048.2'W parallel to the west line 0: tae ~w 1/4 0-= said See ~io-:l 29 i!... di s tar:.cc of 30 f2e ~ :':0 ~he ~~orth 11'l1c of Wes::: 32i:d A:,.; \2i:'.u e J as shown on the plu~ of said A?ple~ood Gurdens Subdivisio~; t~cnce ~~9o~J.5Ic along ~he nort.. line of West 32nd Avenue a distance of 50 feet to the i~cers~ction or the south line or said ~t 1 with tGe west li~e o~ said Locl; thence ~0048.2IW a Gistance or S5 feec to the northwest corner of said Lot 2; thence N89043.5'E along the north line oi said Lot 1 a distance of 115 feet to point of beginning. City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. <:......, .,.)"-'''':- .:..r-,...:,._:.-:,- t. .. c. The Jefferson County Comprehensive Plan shows low density residential the area. 9. That the homeowners suggested Industrial Two zoning only to the West of f"1cIntyre. 10. That he 'represented approximately 700 families. Mr. Chrispel1e, 14355 W. 30th, current pre3ident of the Applewood Association, was present and stated that Mr. James represented all the families from West of 1-70 to 20th Avenue to South Table Mountain. Mr. Buchanan stated that he could not see how the traffic would increase on 32nd if the parcel in question was zoned commercially since most of the traffic would come from the west, that the school should present no significant problem, and if the residents of the area truly felt Coors would abandon the idea of rezoning the entire 900 acres of land to Industrial Two. Carl Holbrook, 3320 Alkire Court, stated that he lived adjacent to the property and was opposed to the rezoning. Arthur Brunton, 13157 W. 33rd, stated that the land behind them had been zoned for gravel mining previous to the Coors rezoning and that there was nothing they could do about it. D.M. Peters, 3100 Zinnia Court, stated that he was opposed to the rezoning be- cause 32nd Avenue was presently overloaded and there was no need for additional commercial zoning. Frank Novacheck, 13205 W. 33rd Pl., stated that although traffic may not be in- creased by the proposed commercial zoning, congestion would be increased by people trying to turn into the shopping center. Georgia Spanier stated that other homes were being built as close to or closer to 1-70 as Mr. Richter's property and that they were selling as fast as they could be built. Ed Watlington asked where Mr. Richter lived relative to the proposed annexation and was told approximately 1 mile away. Mr. Watlington also asked if Mr. Richter had relatives who owned land adjacent to or across the street from the proposed annexation. It was decided by the Commission that such a question did not have to be answered as it had no bearing on the case. Rod Weave, 3220 Alkire, stated that it was the Applewood Association's desire that all commercial remain to the east of 1-70 and that they feared any more commercial to the west of 1-70. Mr. Weave also stated that Mr. Richter would not attempt to rezone at the County level because he had tried and had been de- feated and that applying to Wheat Ridge was just another attempt to get commer- cial. Mr. Richter stated that he had never tried to get commercial zoning on the property from the County. Dale Langdon. 13147 W. 30th Dr., asked Mr. Richter if he had made any studies re- garding commercial use of his property. Mr. Richter stated that he was responding to knowledgeable peoples' requests who wanted 30 to 50 year leases. Mr. Langdon stated that he was a real estate appraiser and felt the location would be poor for motel use. He also stated that he had available the harrister-Forester study on motels. Frank Frauenfelder, 3239 Zinnia Ct., stated that he wanted to see something done with the property and an end put to further rezoning requests. There were approximately 18 citizens present from west of Youngfield. Roger Sollenbarger, an associate of attorney Douglas James, stated that the Apple- wood area was very exclusive and that commercial zoning on top of the Coors zoning and 1-70 was not desirable. He also stated that if the site was used for a hotel, it would pull more trucks off of 1-70 and add to the present truck problem. Mr. Miller stated that there had been a change in time and a change in circum- stances which whould motivate a change of zoning. MOTION by Mr. Roesener, second by Dr. Bebber; "That WZ-73-05 be based on disap- D~'JVZ' 1 of t "'0 rc:'" 3 ,'" 3ub,~~ tt::J tL ~ :.. LcommE..1Ged for approval if Restri ct ed Com- mercial One was substituted for the Commercial One as applied for and leaving the Residential One A as applied for." Motion passed 5-0. -,_..-- .~---.'-- ---_.- -----~------- - ----~~------ - ----~- ---~~----~.-- ~._----- --------~_.- ---- ------------- -- "'1.1 .. '.C. L U! :~ITV i=:i\Jr,'L-:li , 1 . ,I, 1 Ie' Ii r I"lt" (_ T :r !' r~(J IdH: l.W: T ,dIJ:T 4/'?5/73 '/In/73 5/31/73 rurJU rES - April ~5, 1973 - Continued -4- 1. He handled all types of real esta~e including commercial. 2. The area had progressed beyond the low density residen:ia1 shown on the Land Use Plan. 3. People with offices would like to see a restaurant in the area and the fact that they were in favor indicated a need and could increase land value. 4. Restricted-Commercial-One allows office space and these needs are taken care of. 5. Restricted-Commercial-One has no sale5 tax potential. 5. The apartment house to the rear provided a buffer. 7. No one in the room would by choice live on Wadsworth. Mrs. Apel also appeared in favor. i"1otion by Alderman Abramson: "I move that Case WZ-73-02, a request from Restricted-Commercial-One to Commercial-One at 4585 Wadsworth Blvd. be taken under advisement until May 10, 1973 to be acted on during the normal course of the meeting." Motion was seconded by Alderman Cavarra and passed 5-0. WZ-73-04 Rezoning Case was heard. Applicant F.M. Fox and Associates had requested approval of a preliminary industrial plan on property already zoned industrial. Proposal was a continuation of the present building. City Attorney Fox who presented the case stated: 1. The property had been properly published and posted. 2. The Planning Commission had recommended approval because it was a continuation of present use, it conformed with the Land Use Plan. 1t will enhance the area already existing. A variance had been granted by the Board of Adjustment. No additional ROW was required. Contiguous zoning were: industrial on three sides, and Commercial-One. Contiguous land use was: the 3. remainder 4. industrial on two sides, 1-70 and vacant. 5. The Land Use Plan shows industrial. 5. Parcel is not in the Flood Plain. 7. All requirements had been met except the rear yard setback, which was granted a variance from the Board of Adjustment. Frederick Fox of F.M. Fox and Associates consulting engineers stated: 1. He had planned the expansion under the old law when it was in effect. 2. There would have been adequate rear yard setback under the old law, but the new law had necessitated the request for a variance. 3. The building fronted on 1-70 Service Road and parking was adequate. A letter from Davis Brothers Florists expressing approval of the plan was entered into the Planning Department folder. Motion by Alderman Abramson: "I move that the Preliminary Industrial Plan of F.M. Fox and Associates be taken under advisement for two weeks with a decision to be rendered during the normal course of the meeting." Motion was seconded by Alderman Donaldson and passed 5-0. Public Hearing on WZ-73-D5 Rezoning Case was heard. Applicant Duaine Richter had requested a change from Agricultural-Two, Residential-One and Residential-One-A to Commercial-One, Restricted-Commercial-one and Residential-One-A at 32 Avenue and 1-70, northwest corner for a neighbor- hood shopping center, motel and single family residences. The zoning is to be simultaneous with annexation of proposed area to the City of Wheat Ridge. HHJUrES - April cor CD, 1'373 - Cuni:inued -5- ~ity At:to_r_n8Y Fox who presented the case stated: 1. That only city residents could speak on the annexation. Anyone could speak on the rezoning. 2. That the area had been properly posted and published. 3. That the Residential-one-A area was zoned under the county and was comparable to the City's Residential-one-A. 4. That the Planning Commission by a vote of 5-0 had recom- mended disapproval of the case as submitted, but would recommend approval if the Commercial-One were amended to Restricted-Commercial-one. 5. That contiguous zoning was Commercial-One, Residential-one-A, Residential-One and Agricultural-Two. 6. That contiguous use is: 1-70, single family use on two sides, vacont and a church. 7. That the parcel was not in the Flood Plain. 8. ROW acquisition was not determinable at present. 9. That the existing county plan which shows low density is apparently undergoing revision. Both industrial and multiple units have been allowed between Youngfield and Golden. Martin P. Mi~ler, Littleton, attorney represented the applicant and stated: 1 . 2. be chang ed. 3. 7.8 acres is proposed for commercial. 4. That changes in zoning to Commercial-One for a motel and to Restricted-Commercial-one for office space were justified. 5. Wheat Ridge has lost $60-80,000 worth of sales tax with the closing of GEM and Spartan; that overall goals of the City must be considered and retail sales and ad valorem taxes from this proposal would mean approximately $75,000.00 to the City. 6. The time is now because House Bill 377, if passed by legislature, will create a veto board which could veto any zoning by by any county or city. This could deny the City the right to make the determination at a later time. 7. That an area of 274 acres (shown on a displayed map) had been rezoned by the county for Coors for gravel exploration. 8. That the Applewood Homeowners Assoc. had approved this rezoning because it was agreed that gravel would be extracted only on this parcel. 9. That the large area shown to the south, the balance of some 900 acres, was zoned Agricultural-One and gravel extraction was allowed in Agricultural-One and only required action of the Board of Adjustment. Also that a Boulder court had ruled that permitted uses could not be denied so the agreement would be meaningless unless the zoning were changed, and that gravel trucks presently run from 6:00 a.m. to 10:00 p.m. 10. That he understood the objections of the Applewood homeowners. 11. That it would be beneficial to the applicant to annex to Wheat Ridge, and 12. It would be mutually beneficial to Wheat Ridge. 1.3 acres were proposed for Restricted-Commercial-One. The Residential-one-A area which is .76 acres would not Tom Kistopeit of 2200 West Alameda with 14 years experience as a City Planner said he had investigated use of the applicants land and had analyzed general development in the area, the immediate site and alternate uses, analysis of development on the site itself, impact statement on city and county. 1. He said the changes in zoning to the north had been covered. 2. There is existing commercial and the freeway to the east. 3. That traffic count studies indical:Bd 1-70 both directions north of 32 Avenue had 17,200 vehicles per day and south of 32 Avenue 13,000 vehicles per day. 32 Avenue had 13,500 vehicles west of 1-70 and 7,350 vehicles per day east of 1-70. 4. That single families did not seem reasonable and industrial was not warranted next to residential, and that the most feasible was commercial and restricted-commercial. MINUTES - April Z6, 1973 - Continued -6- 5. ThLls impact to the CLy was as follows: a 3/4 of advalorem tax or approximately $60,000.00 net w~uld go to the schools. 5% or $10,000.00 would go to the City, 20% or $40,000.00 would go to the county; 55,000 square feet of motel and retail should gross $5 million, and at 1% the City would realize \\50,000. The expenses to be incurred by the City would be only for police protection. 6. The proposed use was reasonable and was consistent with being most advatageous to the City. 7. The development could serve the area to the west and there might be a reduction of traffic on 32 Avenue, with or without this development because of the new highway to the north. 8. That the Jefferson County Comprehensive Plan was under revision and that "in contrast to the preponderance of low density, nearly every major interchange so far, has been zoned or designated for commercial use." Dr. Robert Johnson, Denver University archeologist said: 1. That in June 1971 the decible level was 64-70 with trucks at 70-75. 2. That in March 1973 gravel trucks registered 80-89, this represented peek values taken 30-50 feet from the service road, and that there was never 5-10 minutes without a truck. 3. That an increase of 3 dba represented doubling of the energy. 4. That the state has established 55 dba's for residential areas, 7 a.m. to 7 p.m., and 50 dba's from 7 p.m. to 7 a.m. 5. That with the existing noise pollution, he didn't believe anyone would buy it for residential. Duaine Richter of 2860 Berry Lane, Golden, the applicant stated: 1. He was owner of the property. He had owned it for 5 years and that he desired to annex to Wheat Ridge and that the contiguous boundary was in excess of 30%. 2. It was not under option. 3. That gravel extraction was extensive 300 feet north of his property and very extensive north of the golf course. 4. That Rio Granda Co. had estimated the gravel in the 244 acres that was zoned industrial (McIntyre east) to be 7 million tons which Rio Grande will remove in a 10 year period. 5. The existing roads are 44 Avenue and 32 Avenue. 6. The agreement between Applewood Homeowners and Coors stipulated that trucks would enter 32 Avenue at two locations only, McIntyre on the west and the service road past his property on the east. 7. The amount breaks down to 350,000 tons per year in each direction or 1,000 tons per day, or 100 trips per day past his property. 8. The completed portion of the Jefferson County Future Land Use Plan shows interchanges to be primarily commercial. 9. The plan has been long under consideration, but was delayed until after the Coors zoning. 10. Restricted-Commercial, office area acted as a buffer. 11. The Residential-One-A area would remain Residential-One-A. 12. The Commercial-One would allow retail as well as a motel for highway oriented uses. 13. Utilities were availabler sanitation from Northwest Lakewood and water from Consolidated Mutual. 14. That traffic might be reduced at the intersection, if this were granted because people from the west must go past this location to reach retail area. 15. That the Planning Commission had recommended acceptance if the commercial zone were Restricted-Commercial-One for office building use only. 16. That parcel was not suited for the entire amount to be an office park development, but for highway oriented commercial uses, from east to west every highway interchange including Wheat Ridge but excepting one on South Wadsworth was commercial or industrial. MINUTES - April 25, 1973 - Continued -7- 17. A planned development was not realistic on commercial ground because one must get a tenant first and build for him and tenants prefer not to commit themselves if the zoning is not proper. 18. A motel would have to be structured to screen thernise. 19. That 33 Avenue would be vacated and a cuI de sac used. 20. That 9,500 square feet of Hesidential-one-A would be kept to allow enough Residential-One to build. Some of the above comments were in answer to questions from Council. Robert Barr, former Current Planner was called in and in answer to questions stated he had doubts as to whether a planned development zoning could be used in conjunction with an annexation because of timing involved. Speaking in opposition were: Douglas James, attorney of 9580 West 14 Avenue who stated: 1. 700 families comprise the Applewood Homeowners Assoc. from west of the annexation area and south of 32 Avenue including an area south of what was shown on the map on display. Mr. James called Mrs. Mary Dolter of 3238 Zinnia Court who had circulated petitions. Mrs. Dolter stated that according to CRS-139-6o-5 a rezoning change requires a 3/4 vote if 20% of the adjacent area to the area to be rezoned is in opposition. She stated all persons adjacent to the west had signed and comprised more than 20% of the total. In answer to questions, as to signers to the north and south of the property and west of the property to the south by Council and City Attorney Fox, it was determined by Mr. Fox that all property owners who signed lived to the west of the property. Alderman Abramson asked if the 20% rule applied and pointed out that rezoning had not been requested on the perimeter on the west. Attorney Fox replied the 20% rule was the same one Council had confronted at other times involving property owners adjacent to the front or rear or within 100 feet thereto and required that Council determine the front and/or rear. Also, that Council had to determine whether or not there actually were adjacent owners when the 10 foot perimeter strip was not to be rezoned. Attorney Fox stated that access would have to be from 32 Avenue and that the ~receeding comments were an attempt to abbrogate common law of "majority rules." He called Ed Watlington of 3249 Zinnia Court who presented petitions on which he and two others had obtained signatures of 94 residents of Wheat Ridge including the area backing up to the shopping center who protested the rezoning and annexation. They opposed increased traffic in the area where children walked to Manning Jr. High School. He said an additional 31 persons contacted did not sign the majority of whom said they feared recourse. He added in answer to a question that the property should be residential. Mr. James stated: 1. The area was still a pleasant place to live. 2. That the gravel trucks were not disturbing. 3. That commercial could also generate noise. 4. That school buses reach 74 dba but are a normal residential use. 5. 5. commercial. 7. 8. 'J. 10. 11 They bought in a residential area. There was no buffer assured between the houses and the Perhaps a buffer could be density residential. The need for commercial had not been shown. There would be added danger to children walking. 32 Avenue was not wide enough to carry the cars. ~ r'':::2 r:JJ1=H~iJod I'e5id2n-t~ ~C!J shop in Wh83t Ridge, tre re .1- , '.0 MINUTES - April 26, 1973 - Continued -8- 12. The City would incur expenses in improving roads. 13. That the Homeowners Assoc. had supported the Coors proposal that the area would not still be under gravel extraction in 10 years, but there would be reservoirs. 14. That Coors Attorney Bradley had said that in 7-10 years the area will be conducive to residential use. 15. That "rezoning poorly" was not the answer to a possible Governor's veto. 16. That the Association was willing to "set down with Mr. Richter to find something conducive to residential living and that it would be better to work it out with the Association and not fight each year." 17. (In answer to a question), the use should be high density multiple units. Louis Bruno of 14050 Foot Hills Circle, Golden stated: 1. He had appeared at a hearing a year and some months ago, as president of the Applewood Homeowners Assoc. 2. The Board passed a resolution against Commercial-One. 3. That there was no substantial need for a change even though Mr. Miller had attempted to show a change via the Coors rezoning. 4. Commercial in the area hasn't been satisfactory. 5. Shops come and go as do gas stations. 6. The advent of Woolco and Walgreens lessen the need for any additional commercial. 7. That Coors is a complex problem and that negotiatimfollowed the proposal of rezoning some 900 acres, when Coors advised that it was going to expand. 8. The homeowners agreed on Coors need to go industrial, but only for the part where it would not affect the integrity of homes. 9. It wbuld be a water supply source for the area which would in the long run benefit and preserve the community through the provision of ponds. 10. There had been an agreement on traffic and hours, he thought, 7 a.m. to 6 p.m. and not Sundays or holidays. 11. Everything south to 26 Avenue and east to the Interstate, except the church, school and country club was single family housing, the apartments north of 32 Avenue were outside the area as was Coors. 12. One could only speculate on front and rear of the proposed annexation area, but the shopping center east of 1-70 faces 1-70 and this one would have to face the service road. 13. Traffic was 11,000 by the Association's count. 14. Though Mr. Richter had said traffic in the intersection wouldn't increase, more could be generated by cars coming off the interstate. 15. There is no assurance of income to the City, shoppers already go to Wheat Ridge and income is only from a "going concern." 16. The Council had rejected the plan once before. 17. This would be the first commercial west of 1-70 and would be a thumb sticking out of tis natural boundaries. 18. In answer to a question he acknowledged that he had stated at the last hearing that if Applewood were to incorporate, it would feel this property should be commercial. Charles Daugherty of 13187 West 33 Avenue who said: 1. He is a pharmacist for a Walgreen Store downtown and that the new Walgreen Store is slow. 2. That nothing would be gained when the tax is already going to Wheat Ridge. 3. That access is not good. 4. There are two schools in the area. 5. That he hadn't seen many trucks and hadn't heard the gravel crusher. MINUTES - April 25, 1973 - Continued -9- Sum~~ Attorney Hiller for the applicant: 1. They had met for 36 months with the Association. 2. They say 32 Avenue is not wide enough, but they opposed widening it. 3. That the county has said interchanges should be commercial. 4. Applewood Homeowners have complained about the traffic, but entered into an agreement to put 100 trucks a day past Mr. Ricter's property without his consent. 5. That the comments on schools were "scare" type comments. 6. That the 20% rule couldn't be considered. 7. That changes had been effected by the highway. Summary by Attorney James in opposition: 1. All residents to the west had signed in opposition. 2. A need for commercial hadn't been shown. They had only shown that there was no use for other types of zoning. 3. The present Comprehensive Plan for Jefferson County shows density. Complete proceedings were recorded by Court Reporter Ruth Carsh. Motion by Alderman Abramson: "I move Case WZ-73-0S be tabled for two weeks for a decision to be rendered in the normal course of the meeting on May 10, 1973." He added that the outcome of the annexation would be contingent on the rezoning and would be considered at that time. Motion was seconded by Alderman Cavarra and passed 5-0. Motion by Alderman Hulsey: "I move that the Treasurer be authorized to purchase two 10,000 gallon deliveries of gasoline from Chevron Oil Company at a total cost not to exceed $2,940.00 from Account 431.42." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Hulsey: "I move the two deeds from Holt-Chew Motor Company be accepted." Motion was seconded by Alderman Abramson and passed 5-0. Meeting was adjourned at 2:00 a.m. /-) ~7 Z~ ,-~/1 j, t'_ Of ~ -_____-r-..... . -Ar'"'/ -1_r:!:.-7..... Ladise F. Turner City Clerk r_~/ .- _7) ~/- J -- /' /'.. -S-//c F ',7 MINUTES - May 10, 1q73 - Continued -4- Motion by Alderman Donaldson: "I move for approval of the zomng change of Case WZ-73-05 because; 1. It abuts an interstate highway with a high noise level. 2. The immediate area east is developed to use for commercial. 3. The area to the north is used as industrial. 4. The protesters did not present any evidence to necessitate the invoking of a 3/4 majority rule." Motion was seconded by Alderman Pepe. Alderman Abramson said the fourth point was not proper. Motion passed 4-2 with Aldermen Abramson and Cavarra voting "nay."(SEE ATTACHED SHEET FOR CORRECTION ADDI- Continuation of the Public Hearing on Annexation No.3 was held. TION.) Martin Miller, attorney for the applicant asked that all evidence presented for the rezoning be under consideration for the Annexation because it was pertinent and cumulative. Resolution No. 224 pertaining to the annexation of the property was introduced by Alderman Donaldson and read. Motion by Alderman Pepe: "I move that Resolution No. 224 be adopted." Motion was seconded by Alderman Howard. No one appeared to speak in opposition. Alderman Abramson stated he would vote "nay", that the Motion granting the zoning was in error, that the 3/4 vote should have been invoked and that matter was open to a court suit. Motion adopting Resolution No. 224 passed 4-2. Aldermen Abramson and Cavarra voted "nay." Resolution No. 225 pertaining to the rezoning of the annexed land was introduced by Alderman Howard and read. Motion by Alderman Howard: "I move that Resolution No. 225 be adopted." Motion was seconded by Alderman Donaldson. Alderman Abramson asked if the land would still be annexed if the rezoning were denied in court. Motion to pass Resolution No. 225 passed 4-2. Aldermen Abramson and Cavarra voted "nay." Ordinance No. 129 pertaining to the rezoning and annexation of the land was introduced by Alderman Donaldson and read. Motion by Alderman Howard; "I move that Ordinance No. 129 as introduced by Alderman Donaldson be passed on first reading and be ordered published and posted." Motion was seconded by Alderman Donaldson and passed 4-2. Aldermen Abramson and Cavarra voted "nay." A 3-Way Liquor License for Denver Inn West Inc. came up for decision. Motion by Alderman Abramson: "I move that the granting of a 3-way liquor license for Denver Inn West, Inc. dba Red Carpet Inn be approved because evidence indicates people are in favor of it and it was demonstrated by the applicant that he is creating a new clientele and therefore a new neighborhood and there was no opposition." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay." A Public Hearing was held for the transfer of ownership of a 3-way license for Venetian Night Club and Lounge. Attorney Dale Helm represented the applicants. Francis X. Lynch was sworn in and stated: 1. Venetian West Inc. was a Colorado Corporation. 2. That he was President and sole stockholder. ~. That the other officers of the corporation were Pat Eberly - Secretary- Treasurer, Alice Johnson - Vice-President, and Joe Horan was the business manager. MINUTES - ~1ay 10, 1973 - Continued -3- be au~horized to engage 'Ihlenfeldt Peterson Associates - Structural Engineers' for the purpose of inspecsing said structures (4 major and approximately 12 minor) and submitting reports concerning status of same, provided that expenditure for this service shall not exceed $500.00 to be drawn from Account 432.52, Drainage ~~aintenance." f~otion was seconded by Alderman Abramson and passed 6-0. Rezoning Case WZ-73-02 came up for decision. Motion by Alderman Howard: "I move that Case WZ-73-02 at 4585-95 Wadsworth from Restricted-Commercial-Dne to Commercial-One be approved for the following reasons: 1. The high traffic volume makes the area unsuited to low density residential as is shown on the Land Use Plan. 2. The request is reasonable. 3. The majority of the surrounding property Motion was seconded by Alderman Hulsey and passed Rezoning Case WZ-73-D4, came up for decision. owners favor the rezoning." 4-2.(Ald. Cavarra & Donaldson voted "nay.") a Preliminary Industrial Plan for Fox and Assoc., Motion by Alderman Hulsey: "I move that Case WZ-73-D4, Fox and Associates at 4765 Independence from Industrial to Preliminary Industrial Plan be approved for the following reasons: 1. It conforms to the Land Use Plan. 2. The Planning Commission recommended approval. 3. It creates no additional traffic in the area." seconded by Alderman Cavarra. Attorney Fox in answer to Alderman Howard said the variance, previously granted by Adjustment would continue. Motion passed 6-0. Motion was a question from the Board of WZ-73-DS Rezoning Case came up for decision. Motion by Alderman Cavarra: "I would like to move for denial of Case WZ-73-DS for these reasons: 1. There is no need for additional commercial zoning in the area. The Finance Officer stated last week that there has been no loss of sales tax revenue due to the closing of two stores. This project could not be of sufficient size and scope to attract outside business. There are large areas of unoccupied commercial structures in the City and in the surrounding neighborhood. There are large amounts of undeveloped commercial land in the City. Therefore, I believe approving more commercial zoning could discourage the type of business we would like to see from moving into existing buildings, and this could be extremely detrimental to the City as a whole. 2. The proposed development would create a traffic problem. 3. I concur with the Planning Commission's recommendation that ap- proval be given if the Commercial-One portion is changed to Restricted- Commercial-One. The applicant stated that he had been approached by one company for offices if he had the zoning and was ready to begin development, this property should be desirable for the location of an office complex because of its proximity to the interstate." Motion was seconded by Alderman Abramson. Alderman Pepe stated revenue shouldn't be considered, the Planning Com- mission's comment didn't constitute disapproval and commercial and the applicant's plan would be the best use of the land. Alderman Abramson said the Planning Commission had recommended disapproval and the residents of the area, though living outside the City, almost unaminously disapproved and Council did not have the right to force commercial "down their throats" and should not go against the Planning Commission's recommendation. Question was called and Motion was defeated 4-2. Aldermen Abramson and Cavarra voted "aye." r~IrJU it.:, - May 31, 1973 - Continued -3- fvloUon by Alderman Cavarra: "I mO'Je that f'linor Subdivision No. 10 be tabled until a drainage plan is approved by the Public Works Director and funds are put in escrow for storm drain." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Abramson voted "nay" and Alderman Pepe abstained. City Attorney Fox added that easements along the rear need correction. Rezoning Case WZ-73-07 came up for decision. Motion by Alderman Cavarra: "I move that Case WZ-73-07 requesting rezoning from Residential-One-A to Residential-Two-A at 4242 Jellison be denied for the following reasons: 1. The Land Use Plan shows public service use. 2. There was insufficient evidence for change, and 3. The proposed Residential-Two-A would not be in conformance with adjacent land use or zoning." Motion was seconded by Alderman Howard and passed 4-1. Alderman Hulsey voted "nay" and Alderman Pepe abstained. Motion by Alderman Abramson: "I move that Harry fvleerdink and Dora Piccoli be appointed to the Personnel Committee." Mayor Anderson requested a Motion which allowed the individuals to be voted on separately. Motion by Alderman Abramson: "I move that Dora Piccoli be appointed to fill the vacancy on the Personnel Committee." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Pepe voted "nay" and said he felt the person appointed should be someone who had lived in the City at least a year. Motion by Alderman Abramson: (to the Personnel Commi ttee .)" and passed 6-0. "I move that Harry Meerdink be reappointed Motion was seconded by Alderman Cavarra Alderman Donaldson asked that an expression of appreciation be given to Mr. Gioso, former chairman of the Personnel Committee who had given many hours of volunteer service to the City prior to his resignation. Ordinance No. 129 (pertaining to Annexation No.3) was brought up for second consideration and the title read. Motion by Alderman Pepe, seconded by Alderman Donaldson and passed 6-0 "That the title having been read, the Clerk dispense with reading the balance of the Ordinance." Alderman Abramson stated citizens should be allowed to speak, that second reading of an ordinance is a Public Hearing. Mayor Anderson stated that the zoning had been completed and that at this point this was a "housekeeping ordinance" and that the Chair would rule that no testimony on zoning would be taken at this time. Alderman Abramson stated that the City Attorney had stated on several occasions that the zoning and annexation issues must be considered sim- ultaneously, and that the two matters could not be divorced, that the majority of the text of the Ordinance pertained to the zoning and he did not see how the Mayor could refuse to hear evidence on one part and not another. Attorney Bruno asked for clarification of the ruling and stated he would like to present evidence under Statute 139-60-5 and file formal protest on behalf of adjacent property owners. MINUTES - May 31, 1973 - Continued -4- Duaine Richter, applicant stated that he objected to additional evi- dence at this time, that he had submitted a proposal on this same property a year ago, that he had brought witnesses and that no test- imony was allowed at the second reading. Mayor Anderson repeated the Chair would rule that no testimony pertain- ing to zoning would be taken at this time. Alderman Hulsey said the reason for a second reading is for a Public Hearing and asked if Council were going to stop having hearings on second reading of ordinances? Alderman Pepe said he understood the zoning was settled, and asked how it could be brought up again? Mayor Anderson said the Chair would rule comments on the zoning portion of the Ordinance out of order. The question of whether or not testimony could be presented on second reading was directed to City Attorney Fox who recommended a break for an executive session. r~otion by Alderman Abramson, seconded by Alderman Pepe and passed 6-0 "That we call a break." Upon resumption of the meeting, Mayor Anderson stated both sides would be allowed five minutes to be heard. Attorney Bruno in answer to a question said he had not represented the Applewood Homeowners at the hearing but had been asked to carry forth from the last time. He stated: 1. Based on Statute 139-60-5, which provides that if 20% of the adjacent property owners formally object, a 3/4 vote is necessary. 2. That at this point he was filing a formal protest under this statute. 3. 4. Council would That That have he had 20% of those he would prove what to pass by 3/4 vote adjacent both by number and perimeter. constituted front or rear and then and not by simple majority. He called Arthur Brunton of 13167 West 33 Avenue who was sworn in by Mayor Anderson. Mr. Brunton stated he was adjacent to the property on lots 4 and 5 of Block 4 of Applewood Gardens Subdivision. He presented four petitions marked "Protestants E~hibits No.2,3,4 and 5" which he, Mr. Brunton, had circulated and on which he had obtained signatures of residents along the~st side on Lots 2,3,4,5,6 and 7 of Block 1, Applewood Gardens Subdivision, Lots 1 and 2, second filing Applewood Gardens Sub- division and Lot 1,2,3 and 4 in Block 4 of Applewood Gardens Subdivision. Mr. Bruno submitted a drawing marked Protestant Exhibit No.1 which Mr. Brunton said was a "schematic drawing" by a registered engineer. . 3543.22 Mr. Bruno said the total perlmeter was fe~t and Mr. Brunton gave the calculated linear feet contiguous to those objecting as 1034.46 feet as being greater than the 20% required. Mavor Anderson said the five minutes had expired. Mr. Bruno, for the record, expressed his opposition to the ruling and stated further testimony under a second statute was critical. He asked to be given a reason for being cut off and was told the time allotted to him had expired and upon repeating his question was ruled out of order. HINUTES- Hay 31, 1973 - Con~inued -5- Alderman Abramson sta~ed the Mayor was being "arbitrary, capricious and dict-l~orial" and that Council WdS a judiciLll body and made a r~o~i[Jn: "That r'lr. Bruno be given the time needed." He added both sides should have sufficient time. The Motion was not accepted. On request of Mr. Bruno, Protestants Exhibits 1-6 (No.6 baing a transcript of a portion of the tape of the April 26, 1973 Hearing) were accepted and entered into the record. Duaine Richter, applicant stated: 1. That he objected to the matter being reopened, that the matter of the 20% had been discussed and it had been determined that it did not apply. 2. That frontage is oriented to 32 Avenue, and former proposals a year ago and in 1970 had also been oriented to frontage on 32 Avenue and 32 Avenue was given as the address. 3. The service road at this location had no name and no identity, therefore, it would be impossible to call it the front or to give a frontage address other than 32 Avenue. 4. That all traffic into project would come from and originate from 32 Avenue. 5. That 32 Avenue was the front and the north end was the rear. 6. He asked that Council make a determination of the front and rear. Alderman Abramson questioned the fact that Mr. Richter had said the matter of the 20% had been discussed and that the Council Motion said that no evidence in that regard had been submitted. In answer to a question from Akerman Pepe, Mr. Richter stated his attorney was not able to be present and that he (the attorney) was under the impression that the Public Hearing was closed and there would be no more testimony. Following an executive session, Alderman Howard read the follOWing Finding of Fact: "1 move that the City Council find as follows in relation to the question of whether Chapter 139, Article 60, Section 5, C.R.S. 1963, as amended, applies in the zoning case before us in which Mr. Richter is the applicant: 1. The frontage of this tract before us is West 32 Avenue. 2. No protests or protesters appeared who were owners of land in the rear of said tract. 3. No protests or protesters appeared who were owners of land in the front of said tract. 4. The map, Exhibit 1 of the protesters, as presented by Attorney Bruno confirms the fact that none of the protesters owned land in the front or rear of said property. 5. The rear of said property is that area immediately north and directly opposite West 32 Avenue. 6. Attorney Bruno stated that Chapter 139, Article 60, Section 5 provides that the 20% protesters must come from the front or rear of said property. Thus we are making a finding based on his interpretation of the statute above referred to, and 1 move this Finding of Fact be accepted." Motion was seconded by Alderman Donaldson. Alderman Abramson read Section 139-60-5, CRS 1963, as amended. He stated that this section didn't refer to front and consequently the Motion was in error. Question was called and Motion passed 4-2. Aldermen AbrRmson and Cavarra voted "nay." Alderman Abramson stated he felt the Council had misinter- preted the Statute, that it was intended to allow adjacent homeowners to protest a rezoning proposal. r1otion by Alderman Pepe: "I move tha t Ordinance ~lo. 129 introduced by Alderman Donaldson be adopted on second reading and be ordered published and posted." Motion was seconded by Alderman Donaldson and passed 4-2. AldeI'men Abramson and Cavarra voted "nay." CULnf~^D() "-,t-~.1tN^PY ~, -. r0- ,..., .r ',"1' .:> '--' r "1'''' ,r 0',' '1'-) '.,' " f'Vl ~YL:> '-' ..l. '\; 1. '\. ."--' ~ \.,,--7 . _. .1. /._ L-,.1. '\; ....J. \.. I' U;,iV".;S,TY i',\i'<K . DC;,VI:::r~, COl_OP/\DO uo~;o D:O:P.U,T:\fE0;T OP SPEECH PATHOLOGY A~D AUDIOLOGY I 303. 7G3.2223 .spc(:~h. and IIcurinf.: Center June 29, 1971 X=. Dwaine Richter 2360 Berry Lane Golden, COlorado 80401 Dear Mr. Richter: Upon your request, measurements were made of the noise levels on a vacant lot at West 32nd Avenue at Youngfield. These w~asur~~ents were made on four separate days at different hours. ~he times which these measurements were taken are as follows: June 4, 1971 11:00 A..'1 to 12:00 :\0 ON June 5, 1971 4:30 PM to 5:30 P.:-l June 8, 1971 8:45 AN to 9:30 M1 June 10,1971 7:30 AM to 8:15 AH }:easurements were made near the service road on the east side of the property and also On the, south side of the property near ~est 32nd Avenue. The noise level at both locations is dictated illainly by the traffic on Highway I-70, on the service road and on West 32nd Avenue. These levels are as follows: General Traffic 64 to 70 dBA Trucks on I-70 70 to 76 dBA Gravel trucks on Service Road & on 32nd Ave 80 to 89 dBA School Buses on 32nd Ave 74 to 78 dBA ~ hope this information will prove useful to you. Very truly yours, _' ~ I.L \ ;' /Ct'!-~cj /)//)" f~~v Robert M. Johnson, Ph.D. Assistant Professor of Audiology RJ."-lJ/j an BOARD OF COUNTY COMMISSIONERS H'.\L ;\\JDcRS(}\j Dlstr!ct i\Ju ~ i\rVJr1a nOr~ CL ~rli:\r"" O:str:r:t!'l =-' Ll """,0cd J.:.'I!:: L T,- .~Z:SC Or,uic I; J I j"ld":>r") Reply To: Jefferson Co~nty Planning Department 279-6511 March 30, 1973 Mayor Ed Ar.derson and Members of the City Council City of Wheat Ridge 7390 West 38th Avenue vfaeat Ridge, Colorado 80033 SUBJECT: Rezoning Case WZ73-05, northwest corner of West 32nd Avenue and Interstate Highway 70. Gentlemen: This department did not make any comments on subject rezoni~g case to the fvneat Ridge Planning Commission because we did not receive a refer- ral from your Planning Department until after the hearing before the Commission of March 19, 1973. In order to present comments on subject rezoning case in proper context, we list the following comments and statements: 1. The existing Jefferson County Comprehensive Plan adopted in 1961, re- commends low density residential uses (0-4 units per acre) for this general area. 2. The proposed Golden/Ralston Future Land Use Plan, now per~ing approval in the County, recommends medium density residential uses (4-7 units per acre) for this general area. 3. The applicant requested rezonirg to Planned Development in 1969 for medium density residential uses under Planned Development Zone Dis- trict. This reo/~est was approved by the Jefferson County Planning Department and the Jefferson County Planning Commission, but IJaS denied by the Board of County Commissioners and was sustained in Distyvl~ct Court. 4. The requested zoni~g of C-1 and R-Cl cannot be justified '/.n this location for the following reasons: COURTHOUSE 1700 ARAPAHOE GOLDEN. COLORADO 80419 Page 2 Mayor Ed Anderson and City Council Narch ;30, 1973 a. The stated purpose of this (ie~elopment for a neighborhood shop- ping center, motel and apartments cannot be justified inas@~ch as there is a shopping center and neighborhood convenience cen- ter immediately to the east in the City of Wheat Ridge and adeq- uately supplies the needs of a large area surrounding said cen- ters. h. 1~e intersections of the west bound lnterstate 70 off-ramp, the service road, and West 52nd Avenue ia presently an area of ex- treme traffic congestion, and approval of C-1 Zoning would fur- ther congest the area and create a chaotic condition with even the best of traffic controls. c. The single family residence development immediately west of this parcel of land has developed in accordance with the recomme~4a- tions of the Jefferson County Comprehensive Plan and there is a good reason for residents of t~~t subdivision to further rely on its recommendations. The placement of intense COMmercial uses adjacent thereto is completely contrary to good planning princi- ples. d. Presently there is no commercial zoned area west of Interstate 70 along West 52nd Avenue. Approval of commercial zoning would constitute spot zoning and would initiate a trend of strip zon- i~g along West 52n~ Avenue. This also is contrary to good plan- n1..ng. There have been several misstatements of fact in the comments of the Wheat Ridge Planning Department that We call your attention to at this time. The County's Comprehensive Plan is currently being revised and the request of la.~ge areas of the Clear Creek Flood Plan to be used for low density residences is being changed to park, recreational and flood plain uses. The balance of the uses along West 52nd Avenue, however, are not being changed. The County has not substantially violated the current plan in any instance. Examples given of violations of the plan are the Coors Industrial Rezon- ing arn multiple uses granted on West 52nd Avenue. Over 650 acres of land was deleted from the recent Coors Industrial Zoning application, in- cluding those lands immediately adjacent to the north of the subject par- cel. The remaining 240 acres west of McIntyre Street and north of Clear Creek are in sv~stantial conformance to the plan and does not substan- tially affect the subject property one way or the other. Page 3 Mayor Ed Anderson and City Counci l March 30, 1973 It is my cu:t'rent understanding th..at COOY'S intends to submit a Planned Development application for the deleted 650 acres, that will basically follow the recommendations of the Comprehensive Plan now being proposed and will include park, recreation and flood plain uses, trails and pY'i- vate water reservoirs and retention of the Applewood Golf Course. None of these uses would necessarily require commercial uses to be adjacent thereto. The single family residence condominium units under construction west of the Applewood Golf Course are not in strict c0nformance to the recommenda- tions of the Comprehensive Plan; however, the development is in general conformance when it is realized that the adjacent properties are not sub- ject to development in accordance with the recommendations of the Compre- hensive Plan and that single family fronting on a major arterial is a very undesirable planning concept. We believe that the action of the rfneat Ridge Planning Commission will result in better land use than the requested rezoning, that is; that the case be denied as submitted and recommended for approval, if restricted commercial is substituted for the commercial one. However, this depart- ment feels that the ten acres of R-C1 is greatly in excess of the needs of the neighborhood. This department would further recommer4 reduction of the ten acres of R-Cl to one acre of R-C1 zoning with the balance in medium density of residen- tial uses as the maximum use of this property. However, we feel the best use for the subject property is the medium density residential uses as the applicant originally requested in the County as l'ecommended by this depart- ment and by the Jefferson County Pl<<aning Commission. Thank you for this opporb~nity to make comments on this case. The evenbAaI use of this property will have a great impaat on the future uses in .this vicinity and along West 32nd Avenue west of Interstate 70. Yours truly, /U&fA-~ Robert A. Kroening Director of PZanning RAK/ljt :. } J. ." ~ ~- ....... '- ~ ~ ~, Co -~~-~,--- '--' - J ~, ----- STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) AFFIDAVIT I, DWAINE R. RICHTER of 2860 Berry Lane, Golden, Colorado, after being duly sworn do hereby certify that I have posted the property to be rezoned as per the attached legal description. That the first day of posting was April 10, 1973. That the sign has been continuously in place until the date of this rezoning hearing, April 26, 1973. That the attached photographs 1 through 4 are true sentations of the signs in place. I, DWAINE R. RICHTER, do hereby certify that I have read the foregoing Affidavit, know the contents thereof and that the same is true to the best of my Subscribed and sworn to before me this ' day of April, 1973. \, . , " Notary Public " My commission expires: , " , ~ v rl . .- G.~~ , L f:J..i.1' U-t'il<jJ-.J/; '- . I "fp? 7 3 / t..e-.- EXHIBIT "A" To Bc' ZOl1ed C-l (7.791 Acres) BeginnIng at the southeast corner of Lot L Block L Applewood Galdens Subdivision, Jefferson County. Colorado; thence Noo48.2'W along the cast llne of said L0t 1 a distance of 10 feet to true pOl.nt of beginning; thence continuing Noo48.2'W a distance of 75 Leet to a point lU feet south of the northeast corner of said Lot 1; thence N8904].~'E parallel to the north line of said Lot 1 a distance of 10 feet:; thence Noo48.2'W parallel to the east line of Lots 1. 2. ]. 4. 5, <:, and 7 of sa id Block l" a distance of 498.43 feet to a pOlnt 10 feet east of the northeast corner of said Lot ~; thence continuin, NU'4B.2'W a distance of 385.02 feet to the north llne of Lot 15, k)xbuLY Gardens. Jefferson County. Colorado. said point beinq 750.47 feet west of the northeast corner of said Lot 15; thence N89039'E alonq the north line of said Lot 15 a distance of 416.36 feet to a point 334.1 feet west of the northeast corner of ~;a Hi Lot 1.5, "ald point being on the wester ly right-of-way line of lnterstate Hiljhway 1-70; thence southerly along the westerly right- of-way line of said Highway for the following four courses: S6037.5'W a distance of 119.2 feet; Soo30'E a distance of 266.70 feet; S89040'W a distance of 32.8 feet. and S6031'W a distance of 547.73 fe",t to a point 70 feet north of the south line of the NW!:i o[ Sectlon 2<), T3S. R69W; thence S89043.5'W parallel to the south llne of the NI"'ii of said Section 29 a distance of 191.95 feet to the ~ east line of Lot 14, Block 1 of said Applewood Gardens Subdivision; thence Soo48.2'E along the east line of said Lot 14 a distance of 30 feet; thence S89043.5'W a distance of 115 feet to true point of beginning. 2-C1 To Be Zoned .~ (1.375 Acres) Beginning at a point on the north line of Lot 15, Roxbury Gardens. Jefferson County. Colorado. said point being 1052.48 feet west of the northeast corner of said Lot 15; thence Soo31.3'E parallel to the east line of said Lot 15 a distance of 195 feet to a point 10 feet north of the north line of Block 4, Applewood Garden~ Subdi- vision. Jefferson County. Colorado; thence N89039'E parallel to the north line of said Block 4 a distance of 211.03 feet; thence SQo48.2'E parallel to the west line of Lot 5 of said Block 4 a distance of 10 feet; thence N89039'E along the north line of said Block 4 a distance of 91.911 feet; thence Noo48.2'W a distance of 205.00 feet to the north line of said Lot 15; thence S89039'W a distance of 302.01 feet to point oE beginning. To Be Zoned R-1A (0.761 acres) Lot 1. Block 1, Applewood Garden~ Subdivision. JefEerson County. Colorado. except ~.hat portion thereof describe<1 in Book 2220 at page 468 of the OfticlJ. Records of Jefferson County, . ,ioLadu, and be- ginninq at the ".Jl ',), dst corner of Lot 1, Bluck ApplewtJod (~Ctrdens Subdivision, JeftE" S,I, County. Colorado; thence N(j'48.2'W alont:! ('he easterly l'np "f, ,? 3.4,5.6 and 7...,0,- .' n'I".~k:!. 3 I"''C_ :e of 488.43 feet to the northeast corner of sald Lot 7; thence ~on- tinulng NO 48.2'W a distance of 50 feet to the northerly llne of West 33rd Avenue; thence S89039'W along the northerly line of West 33rd Avenue a d_~tance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardpns Subdlvision; ~hence Noo48.2 W along the easterly line of the west 30 feet of said "ot 5 a dlstance of 130 feet to the north line of said Lot 5; thence ~89039'W along the northerly line of said BlOCk 4 a distance of 211.03 feet tG a po nt 1062.48 feet west of the east line of Lot 15. .oxbury Garden.i, JeLlerson County. Colorado; thence N0031.3'W ---- --. EXIUHI'r "A" (continued) parallel to the east line of said Lot 15 a distance of 205 feet tu the llurLh line of said Lot 15; thence N89039'E along the north line of sJld Lot 15 a distance of 10 feet; thence Soo31.3'E par- alLel to the east line of said Lot 15 a distance of 195 feet to a pOll1t 10 feet north of the north line of Block 4, Applewood Gardens SulJU i.viE iOll, Jefferson County, Colorado; thence N890 39' E parallel tu the north line .of said Block 4 a distance of 211.03 feet; thence S004B.2'E parallel to the west line of Lot~5 of said Block 4 a uistance 01 10 feet; thence N89039'E along the north line of said Block 4 a distance of 91.94 feet; thence Soo48.2'E a distance of 678.44 feet; thence S89043.5'W a distance of 10 feet; thence Noo48.2'W a dlstance of 10 feet to point of beginning. , ~CTHl~M~IAl.I,Ol COMMPCIAl,: ;111" ".'" I TaRES.. TRICTEP'COM. MEICIAI. ,..CR. COM..,. .~I _~,$ . CITY COUNCil Of I'IIfATRIDi WlU:IfIlU!OH ,.,., 'AT BOP.M..AT 13'lQw'381h, ANY IERSOO MAYA. jA'T mrTlME. . ~:.""'~.'.'" ~.....:.. .,'" FO~ FU~THE~ InMATION CONTACT WHEA'rnIOOE CITY H~Ll, mo W.3B!!, .m. 4:I'84~C WZ-13-05' ...--- . -~. PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF JEFFERSON, STATE OF COLORADO TO THE CITY OF WHEAT RIDGE, STATE OF COLORADO TO TH[ MAYOR AND THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: The undersigned, In accordance with the Municipal Annex- ation Act of 1965, Chapter 303, Session Laws of Colorado 1965, and Colorado Revised Statutes of 1963 as amended Chapter 139, Article 21, hereby petitions The City Council of the City of Wheat Ridge for annexation to the City of Wheat Ridge of the following described unincorporated territory located in the County of Jefferson, State of Colorado, to-wit: SEE ATTACHED EXHIBIT "A" In support of the said Petition, your Petitioner alleges that: 1. It is desirable and necessary that the above des- cribed territory be annexed to the City of Wheat Ridge. 2. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of vlheat Ridge. 3. A community of interest exists between the territory proposed to be annexed and the City of Wheat Ridge. 4. The territory proposed to be annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or lS capable of being integrated with the City of Wheat Ridge. 6. No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) lS divided into separate parts or parcels with- out the written consent of the landowner or land- owners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; 1fT i [~i 'I 8L1 ') /l'1/T' r \ I (b) comprising ten acres or more which has an assessed value in excess of Seven Thousand Dollars for ad valorem tax purposes for the year preceding the annexation lS included within the territory proposed to be annexed without the written consent of the landowner or landowners; 7. The signer of the Petition comprlses the landowner of more than fifty per cent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 8. The mailing address of the signer, the legal description of the land owned by the signer, and the date of signing of his signature are all shown on this Petition. 9. Attached to this Petition is the affidavit of the circulator of this Petition that the signature hereon is the signature of the person whose name it purports to be. Your Petitioner further requests that the City of Wheat Ridge approves the annexation of the area proposed to be annexed. SIGNATURE DWAINE R. RICHTER, whose address lS 2860 Berry Lane, Golden, Colorado 80401, owns the above Date: -2- COUNTY OF DENVER ) ) ) ss. AFFIDA VIT STATE OF COLORADO John M. Fahrenkrog , being first duly sworn, upon oath, deposes and states: 1. That the affiant circulated the Petition for Annexation herein for the purpose of obtaining the signature of the above Petitioner. 2. That the signature thereon is the signature of the person whose name it purports to be. \ ", \ , " ~ i ~~<~J Subscribed and sworn to before ~ this . 16th day of February , 1973. My commlSSlon explres: JlJ1y 28, 1976 ( \ Seal " --;~ Notary . EXHIBIT "A" DESCR!PTlON 8eqlnn/nq of the norfhea51 corner of Lot !) Bioek !) Applewood Gardens 5ubd;'vi5ion) Jeff'er:Jon coun2") Colorado J fhence tV 004CJ.2'W f caJ/er/Y' f f ' along fne .J ~L, line 0 Lo.5 2,3),5, G and 7 of 5010 Block I a di51ance of' 488.43 Teef to fhe norfheo5f corner of' 5aid La! 7; thence conhnuinq IV 0048.2' W a di:Jfonce of 50 feel fo fhe nOr"!herly It'ne of wesf 33rd Avenue ~ fhence 58:Jo3:J'W olong the norfherly line of We:')f 3.3ro Avenue a dt':7Iance of:"2 f'eed to fhe 60ufhea~Ter/y corner o-f fhe wesf 30 feef of Lof 5) Block 4 of :5o/d Applewood Garden:J 3ubdl V/5/on; fhence N ()o48.2' H along fhe e05ferly !ine of the live5! 30 feef of 50ld Lof 5 a d;'5fonce of /3:J feeT to the nor!;' line of 5Ci1d Lot 5) thence :3 8:Jo3:J'W a!ong fhe norfherl'} lIne of .50/0' B!ock 4 a d/:Jfance of 2/1.03 feet fo a point IOG2.48 reef West of' the eas! lIne of Lof !5) Roxbury Garden::;) Jef'fer5on County) Colorado j thence N 003! 3'V; pora!!e! fo the eosf !t'ne of 5ald Lot !5 a d/:5fance of 205 feef -/0 the norfh Ime of 5a/d Lo! 15; thence Nc3'303:J'E a!ong the norfh f/ne of 5ald Lot !5 a d/:3fance of 728.38 feef to 0 pOint 334 I fed 01e5r of Ihe northea6f corner of 5J/'d Lot 15, 50ld pOlnf be/nq on the wester!'} rlghf-of-woy line of Inler-5fafe Hlqhway 1Y0.I-70) fnence 5oLF!her.'y along the we5fer:) righi-of-woy !lne of 5afd Highvvay for fhe fe! !ovl/tng -four cour5e~: S co 037. 5"W 0 dl5fance of //9.2 feef;:3 0030'E. CI o'I5fonce of ZGG.70 feef; 58:Jo4{)'W 0 dl5fanL.e of 32 8 f'eefJ' and :5 G03(;'/ a c:1t'.5tonce of' 547.73 feef to a oo/nl 70 ,Feel norlh of fhe :'Jour!. ;,ne of fhe NI...J/4- of Secflon Z:", 7-3:5.. P.G:JW; fhence 5 OO/7:;'4-'E 0 dl'.:?fance of 70 feef to fhe 60ufh Ime of' the Nh' '14 of 3o/c' :3'3'cflon Z9j fhence N8'3043.5'E a!oog t/7e 50ufh line of the Nh/!0 of 5a/d Secf/on 23 0 dl5fance of 45~ 57 reef to fhe ..5oulhea6f corner of fhe 5i~!i4 of the NW'I4- of SOld 5ecflon 2:Jj thence 5 003C'E along fhe eo:;! !me of fhe h /2 5h'k:;. of 5ald 5ecfton 23 0 dl5bnce of GO feefJ Iher;ce 5830/4.3.5' 'rV o ch5fonce of 687.84 feet to a point (;35 feel e:::3f of Ihe /,,>'e51 !lne 01 the: :3 Jy f~ 0," 50id 5ecflon 2:Jj thence No039.5'W parallel to the ~est line of the SW~ of said Secb10n 29 a distance of 15 feet; thence s89043.5'W parallel to the north lin~of the SW~ of said Section 29 a distance of 240 feet; thence Noo39.3'W a distance of 45 feet to the north line of the SW~ of said Section 29; thence NO"48.2'W parallel to the ,,,est line of the m'll:i of said Section 29 a distance of 30 feet to the Dorth line of 'I'lest 32nd Avenue, as sho~D on the plat of said Applewood Gardens Subdivision; thence N89043.5'E along the north line of West 32nd Avenue a dis- tance of 50 feet to the intersection of the south line of said Lot 1 ~ith the west line of said Lot 1; thence Noo48.2'W a di~tance of 95 feet to the north- west corner of said Lot 1; thence N89043.5'E along the north line of said Lot 1 a distance of 115 feet to point of beginning. I '" t, , t- , ~ t ~ & I " ~. ~; ~ ~' r. <t II; (~ City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. ResoLut-\o~ ~Ol 2J tt A.~ \\l E. 'f.. A -tit>l~ I -- _s Introduced By Alderman Joseph Donaldson RESOLUTION NO. 214 Serle. of 1973 TITLE THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, STATE OF COLORADO FINDINGS OF FACT AND RESOLUTION. The City Council 01 the City 01 Wheal Ridge, State 01 Colorado, having examined the filings, considered oral testimony of Council and Petition for Annexation of cert~in real estate more fully described in said petition, said petition having heretofore been filed with the City Clerk 01 the City 01 Wheat Ridge, State 01 Colorado, by Dwaine R. Richter; FINDS AS FOLLOWS. 1. That the petition contains the lollowing, (a) An allegation that the Signers 01 the petition comprise the landowners 01 more than tllly per cent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (b) A request that the annexing municipality approve thel annexation of the area proposed to: be annexed. I (c) The signatures 01 such i landown-ers. I (d) The mailing address 01 each such signer (e) The legal description 01 the land owned by such signer (I) The date 01 signing 01 each signature. (g) The aflidovil 01 the circulator of each petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. 2. That accompanying said petition have been filed tour (4) prints of an annexation map containing the following informa- tion, I (a) A written legal description 01. the boundaries of the area proposed to be annexed. (b) A map Showing the boundary 01 the area proposed to be oWlexed. (c) Next fo the boundary of the area prpposed to be annexed Is drawn the conti~uous boundary of the City 01 Wheat Ridge, and that the dimensions of the contiguous boundary are shown on the. map. 3. That no signature qn the petition i is dated more than one hundred I eighty (180) days prior to the date 01 filing the Petition for Annexation with the City Clerk 01 the City 01 Wheat Ridge, State 01 Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, STATE OF COLORADO, that the Petition lor I the annexation' to the City 01 Wheat I Ridge 01 the lollowing territory, s'ituate 1n the County of Jefferson, and State of Colorado, to wit. B~glnning at the northeast corner; of Lot 1, Block I, Applewood Gardens Subdivision, Jefferson County, Colorado; thence N 0 degrees 48.2' W along the easterly i line of Lots 2, 3, 4, 5, 6 and 7 of said' Block 1 a distance of 488.43 leet to the northeast corner of said Lot 1; thence continuing N 0 degrees 48.2' W a distance ot 50 teet to the northerly line 01 West 33rd A venue; I thence 5 89 degrees 39' W along the north,erly line of West 33rd Avenue a i distance of 92 leet to thel southeasterly corner 01 the west 30 'I leet 01 Lot 5, Block 4 01 saidl Applewood Gardens Subdivision; i thence N 0 degrees 48.2' W along the I easterly line of the west 30 feet of I said Lot 5 a distanc~ of 130 feet to the i north line of said 'Lot 5; thence S 89 39'W along the. northerly line of said Block 4 a distance 01 211.031eet to a point 1062.48 teet west 01 the east line of Lot 15, Roxbury Gardens, i Jefferson County, Colorado; thence I N o degrees 31.3'W. I parailel to the east line 01 said Lot 15 a distance 012051eet to the north line I 01 said Lot 15; thence N 89 degrees i 39' E along the north line of said Lot, 15 a distance 01 728.38 leet to a point I 334.1 feet west of the northeast! corner of said Lot 15, said, point ~ being on the westeriy right.ol-way I line of Interstate Highway No. 1-70; ! thence southerly alonQ the westerly I ~o,3 Fi ~DI~6- or F~'-t- right-of-way line of said Highway for the following four courses; S 6 degrees 37.5' W a distance 01 119.2 feet; SO 'degrees 301 E a distance of 266.79 leet; 5 89 degrees 40' W a distance 01 32.8 leet; and 5 6 degrees 31' W a distance 01 547.73 leet .to a point 70 leet north 01 the south line 01 the NW'/4 01 Section 29. T 3 5, R 69 W; thence 5 0 degrees 17 3/4' E a distance of 70 feet to the south line of the NW'!4 of said Section '29; thence N 89 degrees 43.5;' E a1on9 the south line of the NW'/4 of said Section 29 a distance of 456.57 feet to the southeast corner of the SW1/4 of the NW'/4 of said Section '19; thence S o degrees 36' E along the east I ine of the WI/2 SW'/4 of said Section 29 a distance of 60 feet; thence S 89 degrees 43.5' W a distance of 687.84 feet to a point 635 teet east of the west line of the SW'/4 of said Section 29; thence N 0 degrees 39.5' W parallel to the west line of the SW14 of said Section 29 a distance of 15 feet; thence 5 89 degrees 43.5' W parallel to the north line of the SWl,'4 of said Section 29 a distance of 240 leet; thence N 0 degrees 39.5' W a i distance of 45 feet to the north line of I the SW1/4 of said Section 29; thence N o degrees 48.2' W paraliel to the west' line of the NW1f4 of said Section 29 a ~ distance of 30 feet to the north line of r i 43.5' E along the north line; 01 West 32nd Avenue a disfonce 01 SO leet to the intersection of ~he south I1ne of said Lot 1 with the west line 01 said Lot 1; thence N 89 degrees 43.5' E along the north line 01 said Lot I , a distance of 115 feet to point of beginning/ is found to be valid and I in substantial compliance with the requirements 01 the 1963 Colorado Revised Stafutes, as Amended, 139. 21-6(1) . BE IT FURTHER RESOLVED, that the City Council of the City 01 Wheat Ridge wlli hold a hearing to determine II the, proposed on. nexation complies with and is found to be valid and in accordance with the 1963 Colorado Revised Sta. tutes, as Amended, 139.21.3 and 139. 21.4 or such ports thereof as may be required to establish eligibility for annexation under the terms of the Municipal Annexation Act of 1965, and that said hearing wlli be held on the 26th day 01 April, A.D., 1973 at the hour 01 7:30 o'clock p.m., at the Councii Chambers located at 7390 West 38th Avenue in the City 01 Wheat Ridge, Stofe 01 Colorado. . BE IT FURTHER RESOLVED, that the City Clerk 01 the City 01 Wheat Ridge give notice as required by the 1963 Colorado Revised Statutes, as Amended, 139-2].7(2}, and as may be required by any other applicable laws ot the State of Colorado. PASSED, ADOPTED AND APPROVED this 15th day 01 March, A.D., 1973bya vote 01 5foO. ATTEST ./~ '/'~II ,;, c..1 ~~/""/ ~... /~/ ;' _,J Albert E. AndersoQ Mayor ~_/' } 1 .3'/J '9 / ) ~-<// ~ Louise F Turner Cily Clerk First publlshed March 22,1973 Last published, April 12, 1973' In Wheat Ridge Sentinel L_/ /)' /. Ii )' !" .rj " rrl ,/ Lr;/7j I'" I I I 'J! !.; I~,\ rj P'l ",/111/73 I.l 1 I lil[' ')1, r; :~II ) ,-"1n 5/1"/73 , 'f. 1[' 1 C1 I '-i/31/73 1 [".1! P R ( /'J, _" .~ , I/t,-- JL"I-C- / S - 1'7 /' s ~:~~OdUC2d By Alcarman a.,,{/: t /)Y.'JA..j RESOLUEOilJ ,.iO. :2.1 Lj Ssries of '1:3"] T~~LE: THE CITY COUNCIL OF THE CITY OF WHEAT RIDCE, STATE OF COLORADO i"Ii;0I,'JC3 LJF F~\CT ArdO RESOLUTI00J. The City Council of the City of Wheat Ridge, State of Colorado, ha'ing examined the filings, considered oral testimony of Council and Pe:ition for Annexation of certain real esta:e more fully described in said oetition, said petition having heretofore been filed with the City Clerk of the City of Wheat Ridge, State of Colorado, by Dwaine R. Richtar; FINDS AS FOLLOWS: 1. That the petition contains the following: (a) An allegation that the signers of the petition comprise ':he landowners of more than fifty per cent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (0) A request that the annexing municipality approve the annexation of the area proposed to be annexed. (c) The signatures of such landowners. (d) The mailing address of each such signer. (e) The legal description of the land owned by such signer. (f) The date of signing of each signature. (g) The affidavit of the circulator of each petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. 2. That accompanying said petition have been filed four (4) prints of an annexation map containing the follOWing information: (8) A written legal description of the boundaries of the areB proposed to be annexed. (b) A map showing the boundary of the area proposed to be annexed. (c) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Wheat Ridge, and that the dimensions of the contiguous boundary are shown on the map. 3. That no signature on the petition is dated more than one hundred eighty (180) days prior to the date of filing the Petition for ~~nexation with the City Clerk of the City of Wheat Ridge, State of Colorado. ~DW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RI:::::E, ::.,,:lTE OF COLORADO, that the Petition for th8 s,ln2xation to Li::'! of Wheat Ridge of the Following territory, situ3te in the Goun~y of Jefferson, and State of Colorado, to wit: ~ "iESCLUTIcrJ flJO. Ccnt!..m,i::d -2- eaginning at the northeast corner of Lot 1, Bleck 1, Applewood Gardens Subdivision, Jefferson Countv. Colorado; thence N 00 LB.2' W along the eEsterly lina cf Lo-s 2,3r 4,5,6 and 7 of said Bleck 1 a oiscance of 42b.L3 faet to the ,northeast corner of said Lot 7; thence con~inuin~ II 00 4b~ ~Jl W ,~ 0'; "'tano'" of' :;'1 fo>o+ +" "ho> n~.c'C'-'''' ~l" -<- :....J. _...... I '-' I .....;W __~..., w~l ,'l~ L.;.... ,_, '--__'-/ lill2 of Uest 33rd AV2nu3; +'n2nce S 8:9J -:;9' II ~lCJr:~ ,l..r3 i' ,.J_-'~ha:'l~ line! wr ~2'::;: ~~:::c-\'L~: !'-..':'; l.-. ~~i :..1 ~.~3r::'~J ~,i- L~8-t to the southaasterly corner of the west 30 feet of Lot 5, Elock 4 of said Applawood Gardens Subdivision; thence N 00 48.21 W along the easterly line of the west 30 fuet of s2id LG~ 5 a distance of 130 feet to the nor+h li~~ ot '0 L . C t~ - "DO --I 11.1 l' ..,- l' 331' OL;:J; Ilanes CJ OJ ..J:' LlJ 3 OTig "-che nO:L't:'18r....y ::..riB of said Block 4 a distance of 211.03 Feet to a point ,052.45 ~2e~ west o~ the eas~ line of Lot 1~o :8xbury Gardens, Jef- ferson Coun~y, Colorado; thsnce N u ~1.31 ~ p~ral121 to the east line of said Lot 15 a distance of 205 fee~ ~o the n' T'~'n 1 " i...~ C -" rl I n':'- /1:- :":"":::I'-'r'~ ''Ii ,'.jnO -'0' r, . .J~ I _lne 01 ,.J~l.._ ,--L:,.J 1:J, ~:'.~l"--'G I: ,-7 _)~ ~ -i_,- n=: -_'n.=: north line of said Lot 15 a dist3nce of 728.J8 ,8~. ~o a point 334.1 feet west of the northeast corner of said Lo~ 15, said point being on tha westerly righy-of-way li~2 of lnterstate Highway No. 1-70; thence southerly along the westerly righ~- of-nay line of s~id Highw~y for t~e foll~wi8g_four CO~~S~5: S 6 37.5' W a dlstance or 113.2 ree~; S 0 ~O' E a OlS~2nce of 266.70 feet; S a90 40' W a distance of 32.8 feet; and S 60 31' W a distance of 547.73 feet to a point 70 feet north of the south line of the rJwY~ of Section 29, T .3 S, f\ 69 W; thence S Do 17 3/4' E a distance of 70 feet to the south line of the NW~ of said Section 29; thence N 8g0 43.5' E along the south line of the rJl1J1/~ of said Section 29 a distance of 456.57 feet to the southeast cOTBer of the S~~ of the NW}I, of said Section 29; thence S 0 36' E along~he east line of the ~h S~~ of said Section 29 a distance of 50 feet; thence S 890 43.5' W a distance of 687.84 feet to a point 635 feet east of the west line of the SU;]4. of said Sa'c-;ion 29; thence N 00 39.5 I W parallel to the west line of the SW'/~ of said Section 29 a distance of 15 feet; thence S 890 43.5' W parallel to the north line of the SW';4. of said Section 23 a distance of 240 feet; thence N Do 39.5' W a distance of 45 feet to the north line of the S~A uf said Section 29, thence N 00 48.2' W parallel to the west line of the ~J~~ of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, 8S shown on the plat of seid Applewocd Gardens Subdivision; thence N 89u 43.5' E along the north line of West 32nd Avenue a distance of 50 feet to the inte~- section of the south line of said Lot 1 with ths west line of said Lot 1; thence N Do 48.2' W a distance of 95 feet to the northwest corner of said Lot 1; thence N 590 43.5' E along the north line of said Lot 1 a distance of 115 fsst to point of beginning. is found to be valid and in substantial compliance with the requirements of the 1963 Colorado Revised Statutes, as Amended, 139-21-6(1). 3E IT FURTHER RESOLVED, that the City Council of the Cit~ of Wheat Rid~8 will hold a hearing to determine if the proposed annexation complles with and is found to be valid and in accordance with the 1963 Colorado Revised Statutes, as Amended, 139-21-3 and 139-21-4 or sLch parts thereof ns may be required to es~ablish eliqibili~y for onnexati~n under the ~2rms cf tne ~ILnicipal qnn3xa~ion ~c~ of ~~5S, -~nd ~h~~ s3id h3a=i~g will be held on the 26-':h day of ApTil , A. D., 1973 at the hour of 7:30 o'clock p.m., at the Council Chambers located at 7390 ~est 38th Avenue in the City of Wheat R!..dge, State of Culorado. r:::SOl'JTIC:J riD. ~) G -V~/ Continued -3- ~[ ~T FU2THER RESOLVED, that the City Clerk of the Cl~y of Wheat ridge give notice 3S required by the 1353 Colorado Revised Statutes, 63 AmeGded, 139-21-7(2), and as may be required by a~y other ap- plicable lows of the State of Colorado. P;SSED, ~DOPTED gND gPPROVED this I':, - d3Y OT' ;'J~l vi.... A. D., 1973 by a vote of ..,; to 6/ Albert c. Anderson r'layor ATTEST: ;{/ [auise F. Turner City Clerk Introduced By Alderman Joseph Donaldson RESOLUTION NO. 224 Series of 1973 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: That following public hearing and pursuant to notice, the following Findings of Fact and Conclusions are hereby adopted: 1. That the petition of Dwaine R. Richter requesting the annexation to the City of Wheat Ridge of the following described territory, situate in the County of Jefferson and State of Colorado, to-wit: Beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, o Colorado; thence N 0 48.2' W along the easterly line of Lots 2, 3, 4, 5, 6 and 7 of said Block 1 a distance of 488.43 feet to the nordheast corner of said Lot 7; thence continuing N 0 48.2' W a distance of 50 feet dO the northerly line of West 33rd Avenue; thence S 89 39' W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence N 00 48.2' W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence S 890 39' W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, o Jefferson County, Colorado; thence N 0 31.3'W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N 890 39' E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1. feet west of the northeast corner of said Lot 15, said point being on the westerly right- of-way line of Interstate Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S 60 37.5' W a distance of 119.2 feet; S 00 3D' E a distance of 266.70 feet; S 890 40' W a distance of 32.8 feet; and S 60 31' W a distance of 547.73 feet to a point 70 feet north of the south line of the NW~ of Section 29, T3S, R69W; thence S 00 17 3/4' E a distance of 70 feet to the south line of the NW~ of said Section 29; thence N 890 43.5' E along the south line of the NW~ of said Section 29 a distance of 456.57 feet to the southeast corner of the SW~ of the NW~ of said Section 29; thence S 00 36' E along the east line of the ~h SW~ of said Section 29 a distance of 60 feat; thence S 890 43.5' W a distance of 687.84 feet to a point 635 feet east of the west line of the SW~ of said Section 29; thence N 00 39.5' W parallel to the west line of the SW~ of said Section 29 a distance of 15 feet; thence S 89 43.5' W parallel to the north line of the SW~ of said Section 29 a distance of 240 feet; thence N 0 39.5' W a distance of 45 feet to the north line of the SU~ of said Section 29; thence N 00 48.2' W parallel to the wese line of the NW}4 of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N 890 43.5' E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of said Lot 1 with the west line of said Lot 1; thence N 00 48.2' RESOLUTION NO. 224 Continued -2- W a distance of 95 feet ~o the northwest corner of said Lot 1; thence N 89 43.5' E along the north line of said Lot 1 a distance of 115 feet to point of beginning, meets the applicable requirements of the 1963 Colorado Revised Statutes, as Amended, Sections 139-21-3 and 139-21-4. 2. That an election is not required under the 1963 Colorado Revised Statutes, as Amended, Section 139-21-6(2). 3. That no additional terms or conditions are imposed. BE IT FURTHER RESOLVED, that the Annexation Petition be accepted and that the said territory be annexed to the City of Wheat Ridge bV Ordinance. day of to 2 PASSED, ADOPTED AND APPROVED, this May , A. D., 1973 bV a vote of 10th 4 Albert E. Anderson Mayor ATTEST: Louise F. Turner City Clerk ~ Introduced By Alderman Robert Howard RESOLUTION NO. 225 Series of 1973 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: That following public hearing and pursuant to notice, the following Findings of fact and Conclusions are hereby adopted: 1. That the petition of Dwaine R. Richter requesting the annexation to the City of Wheat Ridge of the following described territor~ situate in the County of Jefferson and State of Colorado, to-wit: Beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, o Colorado; thence N 0 48.2' W along the easterly line of Lots 2, 3, 4, 5, 6 and 7 of said Block 1 a distance of 488.43 feet to the norbheast corner of said Lot 7; thence continuing N 0 48.2' W a distance of 50 feet bO the northerly line of West 33rd Avenue; thence S 89 39' W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence N 00 48.2' W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence S 890 39' W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, o Jefferson County, Colorado; thence N 0 31.3' W parallel to the east line of said Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N 890 39' E along the north line of said Lot 15 a distance of 728.38 feet to a point 334.1 feet west of the northeast corner of said Lot 15, said point being on the westerly right- of-way line of Interstate Highway No. 1-70; thence southerly along the westerly right-of-way line of said Highway for the following four courses: S 60 37.5' W a distance of 119.2 feet; S 00 3D' E a distance of 266070 feet; S 890 40' W a distance of 32.8 feet; and S 6 31' W a distance of 547.73 feet to a point 70 feet north of the south line of the NW~ of Section 29, T3S, R69W; thence S 00 17 3/4' E a distance of 70 feet to the south line of the NW~ of said Section 29; thence N 890 43.5' E along the south line of the NW~ of said Section 29 a distance of 456.57 feet to the southeast corner of the SW~ of the NW~ of said Section 29; thence S 00 36' E along the east line of the ~/2 SW~ of said Section 29 a distance of 60 feet; thence S 890 43.5' W a distance of 687.84 feet to a point 635 feet east of the west line of the SW~ of said Section 29; thence N 00 39.5' W parallel to the west line of the SW)4 of said Section 29 a distance of 15 feet; thence S 890 43.5' W parallel to the north line of the SW~ of said Section 29 a dlstQnce of 240 feet; thence N Do 39.5' W a distance of 45 feet to the north line of the SW~ of said Section 29, thence N 00 48.2' W parallel to the west line of the NW~ of said Section 29 a distance of 30 feet to the north line of West 32nd Avenue, as shown on the plat of said Applewood Gardens Subdivision; thence N 890 43.5' E along the north line of West 32nd Avenue a distance of 50 feet to the intersection of the south line of said Lot 1 with the west line of soid Lot 1; thence N 00 48.2' RESOLUTION NO. 225 Continued -2- W a distance of 95 fBet bO the northwest corner of said Lot 1; thence N 89 43.5' E along the north line of said Lot 1 a distance of 115 feet to point of beginning, having been accepted and a resolution adopted that said territory be annexed to the City of Wheat Ridge by Ordinance, NOW, THEREFORE, BE IT RESOLVED, That by said Ordinance the annexed property be zoned as follows: COMMERCIAL-ONE DISTRICT (C-1) (7.791 acres): Beginning at the southeast corner of Lot 1, Block 1, Applewood GarSens Subdivision, Jefferson County, Colorado; thence N 0 48.2' W along the east line of said Lot 1 a distance of 10 feet to true point of beginning; thence continuing N 00 48.2' W a distance of 75 feet to a point 10 feet south of the northeast corner of said Lot 1; thence N 890 43.5' E parallel to the north line of said Lot 1 a dis- o tancB of 10 feet; thence N 0 48.2' W parallel to the east line of Lots 1, 2, 3, 4, 5, 6 and 7 of said Block 1 a distance of 498.43 feet to a point 10 fBet east of the northeast corner of said Lot 7; thence continuing N 00 48.2' W a distance of 385.02 feet to the north line of Lot 15, Roxbury Gardens, Jefferson County, Colorado, said point being 750.47 feet west of the northeast corner of said Lot 15; thence N 890 39' E along the north line of said Lot 15 a distance of 416.36 feet to a point 334.1 feet west of the northeast corner of said Lot 15, said point being on the westerly right-of-way line of Interstate Highway 1-70; thence southerly along the westerly right- of-way line of said Highway for the following four courses: S 50 37.5' W a distance of 119.2 feet; S 00 3D' E a dis- tance of 256.70 feet; S 890 40' W a distance of 32.8 feet, and S 50 31' W a distance of 547.73 feet to a point 70 feet north of the south line of the NW~ of Section 29, o T3S, R59W; thence S 89 43.5' W parallel to the south line of the NW~ of said Section 29 a distance of 191.95 feet to the east line of Lot 14, Block 1 of said Applewood Gardens Subdivision; thence S 00 48.2' E along the east line of said Lot 14 a distance of 30 feet; thence S 890 43.5' W a distance of 115 feet to true point of beginning. RESTRICTED-CoMMERCIAL-ONE DISTRICT (R-C-1) (1.375 acres): Beginning at a point on the north line of Lot 15, Roxbury Gardens, Jefferson County, Colorado, said point being 1052.48 feet west of the northeast corner of said Lot 15; thence S 00 31.3' E parallel to the east line of said Lot 15 a distance of 195 feet to a point 10 feet north of the north line of Block 4, Applewood Gardens Subdivision, o Jefferson County, Colorado; thence N 89 39' E parallel to the north line of said Block 4 a distance of 211.03 feet; thence S 00 48.2' E parallel to the west line of Lo~ 5 of said Block 4 a distance of 10 feet; thence N 89 39' E along the north line of said Block 4 a distance of 91.94 feet; thence N 00 48.2' W a distance of 205.00 feet to the north line of said Lot 15; thence S 890 39' W a distance of 302.01 feet to point of beginning. RESIDENTIAL-oNE-A DISTRICT (R-1-A) (0.761 acres): Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, except that portion thereof described in Book 2220 at page 468 of the Official Records of Jefferson County, Colorado, and beginning at the northeast corner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, Colorado; thence N 00 48.2' W along the easterly line of Lots 2, 3, 4 5 6 and 7 of said Block 1 a distance of 488.43 feet to , , RESOLUTION NO. 225 Continued -3- the northeast corner of said lot 7; thence con- tinuing N 00 48.2' W a distance of 50 feet to the northerly line of West 33rd Avenue; thence S 890 39' W along the northerly line of West 33rd Avenue a distance of 92 feet to the southeasterly corner of the west 30 feet of Lot 5, Block 4 of said Applewood Gardens Subdivision; thence N 00 48.2' W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence S 890 39' W along the northerly line of said Block 4 a distance of 211.03 feet to a point 1062.48 feet west of the east line of Lot 15, Roxbury Gardens, Jefferson County, Colorado; thence N 00 31.3' W parallel to the east line of sald Lot 15 a distance of 205 feet to the north line of said Lot 15; thence N 890 39' E along the north line of sain Lot 15 a distance of 10 feet; thence S 00 31.3' E parallel to the east line of said Lot 15 a distance of 195 feet to a point 10 feet north of the north line of Block 4, Applewood Gardens Subdivi- sion, Jefferson County, Colorado; thence N 890 39' E parallel to the north line of said Block 4 a distance '0 of 211.03 feet; thence S 0 48.2' E parallel to the west line of Lot 5 of said Block 4 a distance of 10 feet; thence N 890 39' E along the north line of said Block 4 a distance of 91.94 feet; thence S 00 48.2' E a distance of 678.44 feet; thence S 890 43.5' W a distance of 10 feet; thence N 00 48.2' W a dis- tance of 10 feet to point of beginning, inasmuch as the above zoning would constitute the highest and best use of said property, and would be compatible with the existing development within the neighborhood. PASSED, ADOPTED AND APPROVED, this May , A. D., 1973 by a vote of 10th 4 to day of 2 Albert E. Anderson Ma yor ATTEST: Louise F. Turner City Clerk lJDI:~'JCE I'm. 12g 11' l,~C: X T ~,iG ;"I,PJD F~ E Z Ci".,J Ii'" ~ L;' l'jD CO.'] ,W:'=:RED HJ ;'!",I'.jf:X;';TIIJ:iJ ,~3 I ntroducltd. ~y Alderman J\.lsepn Donaldson ORDINANCl! NO. 129 Se'i.. of 1973 TITL: AN ORDINANCE TO ANN:X CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE AND TO ZONE SAID LANO AT THE TIME OF ANNEXATION. , '3'0 IT OROAINED 3Y THE: C. ,.Y COUNCIL OF THE CITY OF, WHEAT RIDGE. COLORADO.! THAT Section 1 That all. thr r.... Qujrements. except the passage: and adoption ot this ordinance, have come to pass to annex thel hereinafter described real property to the City of Wheaf Ridge, whic": now permits tl'l~ City CounCil to] , adopt and pass this ordinan,ce. I Section 2. That the following i described real property. situate in; the County of Jefferson. St.te of I Colorado, be and the same is j hereby annexed to the City of I Wheat Ridge. to"wit: Beginning at the- northeast cor- ner of Lot 1, Block 1, Applewood GArdens Subdivision. Jeffef'son County, Colorado; thence N 0 degrees 48.2' W along the easterly line of Lots 2. 3,. 4,.5. 6and.10f said Block 1 a distance of 488.43 feet to the northeast corner of said Lot. 7; thence continuing N 0 degrees 48.2' W a distance of 50 feet to the north~rly line of West 3Jrd Avenue; thence S 89 degrees 39' W along the northerly line of West 3Jrd Avenue a d i s ti\nce of 92 feet to the I southeasterly corner of the west 3O! feet of Lot 5, Block 4 of said! A pplewood Gardens Subdivision; 1 thence N 0 degrees 48.2' W- along, the easterly line of the west 3o-feet' of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence S, 89 degrees 39' W along the norther., Iy line of said Block 4 a distance of! 21,.03 feet to a polnf 1062.44 feet I west of the east line of Lot 15... ROX.j! bury Gardens.. Jefferson.' County.. C 01 orad 0; tnence N l) degrees 3)..3., W para Ilea to the esst linlt of said Lot 15 a distance of 205 feet to thel north line at said Lot 15; thence N I 89 degrees 39' E along the north line of said Lot IS a dist.nce of 778.381 f~et To..3 oointJJ4.l feet west of the-. ~ortn~asr corner of said LIJf 15. said I ;Joinr iJ(ttnq on- rI"le westerly rignt~f-r way I ine of Interstate Highway NO.1 1-70; thenel!' southerly'- along thel we!lter!y ri9nt~of-way Iineot said Highway for the follow.ng four cour!les S 6 degrees, 31.5' W a dts- lance of 119.2 feet; SO degrees3lY El a distance' at 266.71) feet; S 89) degrees. 40. W' a- distance of. J2.8'~ feet; and So. degrees Jl~W.~ dis--t t.lflCe of 547.73 feettoa point70feet-i ,..,orth of the So04J'rtline of The NWI/..I of SecTion 29, 135, R69W; thence50\ degrees 1 At..' E a distance of 70 feet! to the south line of the NW1/. of said I Section 29; thence N 89 degrees I 43.5' E along the south line of thel NWl/. of said Section Z9 a distance; of 456.57 feet to the southeast cor"l ner of the SWI/. of the NWI/. of said I Section 29; thence S 0 degrees 36' E l along the east line of the W1h. SWV. of said Section 29 a distance of 60' feet; thence S 89 degrees 43.5' W a I' distance ot 687.84 feet to a point 635, feet east of the west line of tl"U! SWI/.I of sa id S@ction 29; thence N 0 I degrees 39.5' W parallel to the west line of the SWI/. of said Section 29 a :: i itance Ot 1s.., feet: '''encl'' S ~9' :~'1r~e1 .t.J.5' 'IV o,arailei 1'0 t"e nOff" :i.'~ Jt ~"4 :iWI,. of ,,,id S@C1'lon 19.:t distance of 240 feet; thence N ()- degrees 39.5' W it distance of 4S feet t') tne north line of the SW1/. at said S'~ction 29: Thence N 0 degrees 48.2' 'Ii oarallel to the west line of the r-~'NI,.. of ~aid Section 29 a distance ;f ':;0 ~~e' ;0 the north lin&",,::I1 West: Y!'11j ~'1ll!nu"!, ,H '')nown 0" t"t! .'Iat \ of said Applewood Gardens Sub-- division; thence N 89 degrees -43.5' E along The nort~ line of West 32nd i Avenue a distance of 50 feet to the ( intersection of the south line of said Lot 1 with the west line of said Lot 1; thence N 0 degrees 48.2' Wadis- tance of 95 feet to the northwest corner of said Lot 1 '; thence N 89 ::l:egree$ 4J.Y E 310n9 the norTh tine of said Lot 1 a distance of 115 feet to point of beginning. Section J. The Clerk of the City shall perform al~ statutory duties to complete said annexation. Section 4. The owners of one hun~ dred (100%) per cent of the proper- ty have petitioned for annexation. Section 5. That the following described annexed property be zon~ ed Commercial One District (C-1) Beginning at the southeast cor. ner of Lot 1, Block 1, Applewood Gardens Subdivision, Jefferson County, Colorado; thence N 0 , degrees 48.2' W along the east line : of said Lot 1 a distance at 10 teet to true point of beginning; thence con~ tinuing N 0 degrees 48.2' W a dis~ tance. of 75 feet to a point 10 feet south of the northeast corner of said Lot 1; thence N 89degrees 43.5' 1 E parallel to the north line of said j Lot 1 a distance of 10 feet; thence N ~ o degrees 48.2' W' parallel to the east line of Lots 1, 2. 3, 4, 5, 6 and 7 of said Block 1 a distance of 498.43 feet to a point 10 feet east of the northeast corner of said Lot 7; thence continuing NO degrees 48.2' W a distance of 38S~02 feet to the. north line of Lot 15, Roxbury Garden5, Jefferson County, ,Colorado, said point being 750.47 I' feet we5t of the northeast corner of said Lot 15; thence N 89 degrees 39' E .Iongt"e north line of said Lot 15 a distance of 416.36 feet to a point 1334.1 feet we5t of the northeast cOl'- !"er of said Lot 15, said point bei"'g on tha,wuterlyrlght.Of.way line of' Interstate Highway 1~70; thence southerly 310ng the westerly rt9ht. of-way line of said Highway for the following four courses: S 6 degrees 37.5' W . distance of 119.2 reet; SO degreu 30' E . dist.nce of 266.70 feet;.. 5 89 degrees 401 Wa distance of 32.3 feet. and S 6 degroes 31' W. jistance Jf 541.73 f~et '0 a ooinf 70 f~et non" Jt the sourh lIoe of thl! NWI/. of Sedion 29, TJS~ R69W,- thence S 89 degrees 4..1.5' W paraHel to the south line of the NW1/. of said Section 29 a- distance of 191.95 feet to tile e.stline ot-Lof 1.. Biocl< lof said Applewood Gardens .5ubdivi. sian; thence 5 () degrees 48.2' E along the east line of said Lot 14- ct- . distance of 30 teeti thence S SC?" I degrH$- JJ.S'._~ .t- dista.nce vf 1 U feet to true oolnt ot Degtnnlng. I and that the followinQ ducribed annexed property be zoned Restricted - Commercial ~ One I District (R-C-1) Beginning at a point on the north line of Lot 15. Roxbury Gardens, . Jefferson County, Colorado. said 1 point being 1052.48 feet ~est of the l northeast corner of said Lot 15; thence S 0 degrees 31.3' E parallel to the east line of said Lot 15 a dis~ tance of 195 ,.~t to a point 10 feet ! north of the north line at Block. 4, 'Aoplewaod Gardens Subdivision. Jefferson County, Colorado; thence N 89 deqrees 39' E parl!llllel to the north line of said Block 4 a distance of 211.OJ feet~ thence S 0- deQr~~s .1.82'": oarClJllle. to me w~'St lin!!' ::It , L)T S of ~"'ltd 3Ioc!lt" 3 di\t8nce ot 10 1 feet; thence N 89 degrees 39" E along the north line of said 810ck ~ a distance of 91 94 feet; thence NO degrees 48.2' Wa distance of 205.00 feet to The nortl'! tine of said Lot 15; thence S 39 deqrees 39' W a distance )( 301 01 ~eet To. oointof beginning" i and That the foflowlng descrjb~d annexe-d property be zoned Residential.One--A District (R-J. A) Lot 1, Block 1, Applewood Gardens Subdivision. Jefferson County, Colorado, except that por. tion thereof described in Book. 2220 at page 468 of the Official Records of Jefferson County, Colorado, ?tno beginning at the northeast corner of Lot 1, Block l. Applewood Gardens Subdivision, Jefferson County, Coloracto; thenc". N-, 0 degrees 48.2' W alon9 the easterly fine of Lots 2. 3, 4. 5. 6 and 7 of said Block 1 a distance of 488.43 feet to. the northeast corner of said Lot 7; thence continuing N 0 degrees 41.2' W a distance of 50' feet to the northerly line of We~t J3rd Avenue; thence S 89 degrees 39' W along the northerly line of West 33rd Avenue a distance of 92 feet to th@ southeasterly corner of the west 30 feet ot Lot 5, Block- 4 of said Applewood Gardens Subdivision; thence N 0 degrees 48.2. W along the easterly line of the west 30 feet of said Lot 5 a distance of 130 feet to the north line of said Lot 5; thence S 89 degrees 39' W along the norther- ly line of said 810ck 4 11 distllnce of 211.03 feet to a point 1062.48 feet west of the east line at Lot 15, Rox:. bury Gardens, Jefferson County, Colorado; thence N 0 degrees 31.3' W parallel to the east line of said Lot 15 a distance of 205 feet to. the north line of said Lot 15; thence N 89 degrees 39' E along the nortn lil1e of said Lot 15 a distance of 10 feet; thence 5 0 degrees 31.3' E parallel to the east line of said Lot 15 a dis~ tance of 195 feet to a point 10 feet north of the north line of Block 4, Applewood Gardens Subdivision,.. Jefferson County, Colorado; thence N 89 degrees 39" E paralle. to the north line of said Block 4 a distance- of 211.03 feet; thence S 0 degrees 48.2' E parallel to the west line of Lot 5 of said 810ck" a distance of 10 feet; thence N 89 degrees Jo/' :=: along the north line of said Block. 4 a distance of 91 94 feet; thence 5 0 degrees 48.2' E a distance at 678.44 feet; thence S 89 degrees 43-5' Ii" a distance of 10 feet; thence N 0 'JeQr~es .18.2' W a distan~e at 10 ''!Pet ~o .:>aiM of ~qinnjng. 3ec:ion (J..::ffecti'le Date. This or. din8nce Shall taKe- ~ffect and oe- in- force thirty (3Q) days after publica. tion following final passage. INTRODUCED, READ ADOPTED ANO ORDERED PUBLISHED AND POSTED on first reading by a yote- of 4 to 2 this 10th d.y of May, A.D., 19T.J. READ. ADOPTE~-AND ORDERED ?U8LISHEO AND ?OST;::O on sl!cond ~nd final reading oy a vote of .. to 2 this Jlst d.y of May. A.D. 1973. Albert E. Anderson, Mayor ATTEST Louise F Turner City Clerk Published: June 7. 1973 In Wheat Ridge Sentinel FiniJl PubliccJtion 617 /7, y \J il'rr /.:1\'1\,_) J h. :':~I(, __": u=i-, t:~_ : I ntroouc.ec ~)' Alderman Jv.eph Donaldson ORDINANCE NO. 129 5.ftr'iel ~ 197 ~ 'rITLE A~' ORDI"/.NCE TC' ANNEX (ERH.'" TE_RITORY TO THE CITY OF WHE/. T RIDGE AND TO ZONE SAID L/.NO AT THE T'ME OF ANNEXATION. BE IT ORDAINEO BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORAOO, THAT Section 1 Thet ell the re- quirements, ~xcept the pes~ege end adoption of fh i~ ordinence, h!lve come to pess fo annex the hereinafter described ree.l property to fhe City of Whee.t Ridge, which now permits the City Council to adopt and pan this ordinanFe. Section 2. That the following oescribed real p!"opci'rty, situetE in thE; Covmy O' J..Hf""'s,on. S,lt-fE: C" '(oloredc,-be enc thE' UfTle is hereby annexed to the City of Wtlee.t Ridoe, tcrwit : Beginning et the northeest cor- : nf'r of Lot 1. Block 1, Applewood GArdens Subdivision, Jetfer500n -County, Colorado; 'thence N 0 deorees AS.1' W along the ~esterly -line of Lots 2. 3,4, 5, 6 and 7 of uld StOCk 16 distence- of A8El.':? feet to tht no,.,t"ltob~i corflf'f 01 !ollie Lot 7; fnf'nCf t:or.iinUlno N (., oe9re-e~ 4E.;' V~ i> (ii1H'lnCt- of 5C feel to fnf; northerly liM(}f West 33rd AVMue; thence S 89 degrees 39' W elong the northerly line of WP5t 33rd Avenue .a dist~nce of 92 feet to the southeasterly corner of the west 30 feet of Lo1 5, clock' 01 seid Applewooc GflrOton~ ~ubdivlslon, thence N 0 deorees 46.2' W along the easterly lin'e of the west 30 feet of sl!Iid Lot 5 a distance of 130 feet to the north lineof Mlid Lot 5; thence S 89 degrees 39' W along the norther- ly line of s.aid Biock 4 a distance of 21..03 feet 10 0 po;nf 1062,48 feel west of the eest line of Lot 15, Rox~ bury Gardens, Jefferson County, Colorado; thence N 0 degrees 31.3' , W parallel to the east line of said! Lot 15 a distance of 205 feet to the north line of said L01 15; thence N 89 degrees 39' E fdong the north line of sllid Lot lS e distance of 728.38 feet to 8 point :u..1 feet west of the nor1heast corner of said Lot 15, $Bid point being on the westerly ri9ht-of~ . way line of Interstate Highway No.) 1-70; thence southerly along thej westerly r~9ht-of.way line of said Highway for the following four courses S 6 degrees 37,5' 'IV a dis- taneeof 119.2teet; 50degrees30' E a distance of 266.70 feet; S @9 degrees 40' W a dist8nce of 32.8 teet; and S 6 degr~s 31' Wadis- tance of $47.73 feet to a point 70 feet north of the south line of the NWIJ4 of Section 29, T35, R69W; thenceSO degrees 1734' E ~ distance of 70 feet to the $outh line of tt"te NWI/.r. of said Section 19 ; thence N 89 degrees 43.5' E along the south line of the NWV" of seld Section 29 " distance .of 456.57 teet to the southeast cor. ner of the SWI;. of the NWIJ... of said ~ction 29; thence S 0 degrees 36' E along the-e~st line of the WlfJ SWlJ.ol of said Section 29 a distance of hO teet; thence.S 89 degrees 43.5' Wa d iSf"llce of 687 ,i' f~.1 to i:! point t..25 feel el!lS1 Of the ~s1 hne at thE' SW1/A 'Of sa id Section 29; thence N 0 degrees 39.5' W Pf!rallel to the west: line of theSWV" of said Section 29 a I distance of 15 fe-et; thence 5 89 de9ree~ 43.5' W parallel to the north line of the S.Wlk ot said Section 2'9 a (jistance '1>f 2"0 f~t, theonce N 0 degrees 39.5' We distance ot 45 feet to the north line 01 the SW~ 01 said Section 29; thence N 0 degrees 48.2' ! W pa ra lie! to the west linE' of the NW\/1. of s.aid 5Jection 29>6 distance of 3Ct t~E't to t~ north hne 01' ~es~ 32no Avenu~, .~ she<wn orttl'..~ pIal 594169 f.J.I'{ ~ " ~.l\ i\L- !,:- j , ot s.eid Apple-wood Gardens Sub~ division; thenCE- N @9 degrees 43.5' E alono thf' north tine oi Wes~ 37nd AvenUl 0 OISli'H\C€ of S(1 'ef'~ 10 tr)p inter5et1l0n (l~ the soutI'", l!n~ o~ !.{i ic L01 1 wlfh the west line of saiC Lot . 1; thence N 0 degrees 48.2' VI.' a dis- tance of 95 feet to the northwest corner of s.eid Lot 1; thence N 89 oeore-es 43.5' E lllong the north line of said Lot 1 a ois.tence of 115 feet to point of beginning. Section 3. The Clerk of the City s.Mall perform ell statutory duties 10 complete s~;d ~nnexl!tion. Section 4. The owners of one hun. d red (loo%) per cent of the proper- ty have petitioned for l!Innexe.ti~n. : Section 5 That the follOWIng i i described annexed property be zon- : ed CommerCial One District (C.1) , 6eginning ~t the 50utheest cor- ; neT of Lo'. i, 8106 i J..pDlpwood I Gllroem: SuOCliyi~.on.JE>ttE'r-!>or. ; .County, Coloraoo; "'thenc.e N C; ; degrees 48.2' W along the Nlst tine ! of said Lot 1 a distl!lnce of 10 feet to i true point of beginning; thence ~n. I tinoino N 0 degrees 48.2' Wa dlS- i fence -Of 75-+eet 10 a point 10 feet , south Of the northeast corner of J !laid Lot 1; thence'Ne9~s43.5' j E paralle-l to the north -line of said , Lo~ _I ~ OfsUtflce of 10 tee;, 'thfonct " i f. oeot"Pf"~ 4[.1' 'AI pet"lIHfl" 1(1 tnE' eGs~ .lin( ()f L01~ 1, :,~. 4, :., t anc "; j of saio Block ~ :-dj~t.a.nce- 'Of 1t96.43 : ~ feet to a point 10 feet east of the l' ;northeest corner of said Lot 7; t thence continuing NO degrees 48.2' i W a distance of 385.02 feet to the. \ north line of Lot 15, Roxbury II I Gardens, jeftl>rson County, Colorado, .s8id point being 7SO.47 feet west of the northeast corner of said Lot 15; thence N 89 ttegrees 39' E along the north line of said Lot 15 a dis1ance of 416.36 feet to a point 334.1 feet west of the northeast cot~ !'\er of said Lot 15, !taid point being. on the welterly-right.of-wey line of Interstete Highway 1-70; thence southerly along the westerly right. of4wey line of laid Highway for the following four courses S 6 degrees 37.5' W 0 di,lonce of 119.2 feel; SO degrees 30' E a distance of 266.70 feet; S 89 degrees 40' W!: distance of 32.8 feet, Bnd S 6 degrees 31' Wa distance of 547.73 feet to a point 70 feet north of the south line of the NW'/4 of Section 29, T3S, R6~W; thence S 89 degrees 43.5' W parallel to the south line 01 the NW1,4 of said Section 29 is distance of 191 '9S feet 10 Ille eo,t line of Lot 14, Block 1 of siSid Applewood Gl!Irdens Subdivi- sion; thence 5 0 degrees 4B.2' E along the east line of seid Lot 14 a distance of 30 feet; thenc€ S 89 degrees 43.5' W a dist"nce of 115 feet to frue point of beginning, end that the following described annexed property be zoned Restricted - Commercial - One D;,lr;cl (R.C.l) Beginning at 8 point on the north fine of Lot 15, Roxbury Gardens, Jefferson County, Colorado, said point being 1052."8 feet west of the northeast corner of said Lot 15; I thence SO degrees 31.3' E parallel to the east line of seid Lot 15 a dis- tance of 195 feet to 8 point 10 feet nortf'.. of thf: north lint:' of Block ~, ApplewDod Garoe-n!, ~vbo:vl~ion, Jefferson County, Colorado; the-nee N 89 degrees 39' E pan!lllel to the north line of s.aid Block.4 B distance of 211.03 feet, thence S 0 degreE'S 48.2' E par",!!el to the west line of Lot 5 of said Block" a distancE' of 10 feet; thence N 89 degrees 39' E along the north tine of said Block 4 a distance et 91 94 feet, thence N C degrees 48.2' Wa distance of 205.00 Aeet to the north tine of seid Lot 15 thent". Stl90P9rees 39' W", diSfence ~f 30~.(l1 ff>e+ te, poin'! o' bE>9irW;:1 8nc 1 tll'! 1 tnf'f~lowin~ d~~uibt<: 103{'72~13 00 U l.ll (J "l': ; u9948.81 ; 1# I.', GO OZ.O 0 : II i;A ~j t1nnexed property be zoned \ Resioential40nE>-A Distric1 (R-l. Ai L01 1 blou ), ~PDlf-w00C !&aroen~ Subdtvi~ior" Jet1er~0'1 COtJnty, Coloraoo, Except that por- tion thereof described in Book 2220 at page 468 of the Official Records of Jefferson County, Colorado, and beginning at the northeast carnN of Lot 1, Slock 1, Applewood Gardens Subdivision, Jefferson County, Colorad'O; thence- N 0 degrees 4t.2' W 810ng the eester~y line of Lots 2, 3, 4,5,6 and 7 of !laId aleck 1 a distence Of 48E.43 feet 10 the northeast corner of said Lot 7; thence continuing NO degrees 48.2' 'W a distance of 50 teP-t to the northerly line of West 33rd Avenue; thence S 89 degrees )9' W along the northeriy tine Of West 33rc ~"enuf . i:l (liste-nee ()f 4jl~' tf'el.r 1hr : sou1heesferly -corner 'Ot the -west 30 I-{.eet of Lot 5, .Block 41 of se-id Applewood Gardens Subdivision; thence N 0 o~gr~s 48.2' W ~lon9 the easterly line of the west 30 teet of seid Lot 5 a {jist-ence of 130 feet to j the north linetJf seid Lot 5;-tnence 5 i 89 de9r~s 39' W..i!Ilong the:northt"f'~ i ty+me 'Of "8 irllHock -.4 II tri$t8'Tt'Ce-of 14111.0:;' fE'f't to is _point 1.Q67..4f t(Oet wes1 -o~ lhf~~1 lin€ ~ t:o~ 15,.ofi(o;. I burv C..~t"df-n~ je'tfE>1"~or, (0lIn1\" co;OrODC;""fnenCe 1\l..{;~~':;'L3' W..par-a1i-e1 to4M-ee-s"t hne--ot~id Lot 15 .a djst~nce of 205 feet to the north line of said -Lot 15; thence N 89 degrees 39' E tllong the north line of ~id Lot 15 e distance -01 10 feet; , thence"S 0 degrees 31.2' E pBr~fI('1 ito the ees't Hne of said Lot 15 e di!.. I tence of 195 feet to a point 10 feet north of the north line of Block 4, Applewood Gardens Subdivision, Jeffers.on County, Colorado; thence N 89 degrees 39' E paro"el to the ; north line of said Block 4,a distance of 211.03 feet; thence S 0 degrees 48.2' E parellel to the west line of Lot 5 of .said Block 4 l!l distllnce of 10 feet; thence N 89 degrees 39' E .along the north line of seid Block. 4 .a distance Of 91 94 feet; thence S 0 degrees 48.2' E a distance of 678.44 feet; thence S 89 degrees 43.5' Wa dist~nce of 10 feet; thence N 0 degrees 48.2' W II distance of 10 feet to poiRt of beginning. Section 6. Effec1ive Ollte. This or- din8nce 5h~1l take effect and be in force thirty (30) days after publica- -tion following final passage. tNTRODUCED, READ ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by 8 vote of 4 to 21his 10th doy oflW.y. A.D., 1973. READ, AOOPTED AND OROERED PUBLISHED ANO POS TED on second end final reading by a yote of 4 to 2 this 31st doy af Moy, A.D 1973. Albert E, Anderson, Meyor ... x en rn 0 n ,...., c: '"" z: 0 ... ::>> -< 0 ....... ... rn :;; 0 ::D -- = '" jIo ..... ::D, l\) nt, :J::'" ..., i\ :3',,: ... ~ '" c.r ,.;;. ~ lo-O .:.:. J'; .r-; .- {/l ,- r~~ ~..r L_' --I 1 CJ1 CD -b. 0'> i' CD f fi o ,.z. .r.. (lU :;"( /"'.. , . ;>.~>:It'"!"''' r.: /''', Ifr .~ '-, " ,.,. c.~ ".. o .r., t ::.-": ' , , . -.... ~ . .- ,.....--;. t" ~::; ..n "~.:\ ATTEST Louise F Turner C;1y Clerk Publi,hed; June 7. 1973 In Wheot R;dge Senl;nel ~ J- j t, C'" cF WHEAT RIDGE. CO:f_I'~ 'le IS HER' ,:, CE..RTIi7:E::> T 1\ ,RUE ;:',;v';' CORRECT CC? I .. ..,~r.4:~:::n.(fjI"-:.{nnm~:::"::.?.:!'.uu.u Ai ,-"RUVE:::> ;" " Df OR ADOPTE~~ WHE/l,T Ri;::"GE CITY COUNC,L. ,-,,'I u.u......m....._...h..:?~?ft ~__.._...............m.u...._..u... ~ DATED THIS,n.:::Bc~...~ c::.J, 7f DAY O~f2.!...AD 1~~.c.~~-:.-:'!.5:<<_~ LOUISE F TUF,r"I::.,( CITY CLERK 2~/19 146 l{srch 15, 1973 "r. lJF";np Richter 2,'160 Barr;' Lnne Go1~en, C01oraoo 801'(,,1 r Dear Er. Richter: Upon ;Tour re'lUt~st, D ~rJi ti.ona1 rr:n'l"')T'8mE,nt~ ;.lere T'1'1r1e of the noise levels on your V8cnnt lot <17; \'!est 32nd snd 'TounR;field. Those measurements were ~"de on ~~dnesdAY, ~arch 14, 1972 between 10:30 AM and noon. The noise 10vels were as follows: Gener[11 tr'lfric Trucks on 1-70 Trucks on Service 62 to 72 dbA 72 to 78 dbA Re 78 to 85 dbA These results are very similar to those recorded in June, 1971. Sincerely yours, ~~~ Rohert X. Johnson, Ph.D. Audiologist , , c <:: .- -- .-' -- ------ - ._---_._~~_.- - ----- , , Ji . , ", .'1 .-1 ;,..., r i "---; ~ \ '--'~ I l ~~----------_. "1,- ~ L. ,- ~ 1 t ) _~ -~"I '"Li_ Ii ~I _,' 'JI r' " ,J ~: ,~ _l._ L> :r~l= i 1 :--\8 j~_' ir"l i,/ .L:,/7 ) I-~ ' : ,- ~ -: ~:;/ 1 i j i:' ~.~ \1 p ~ ;-- ~-li_ [';'J : ,-= Co :.. __Ii . " LJ jr; I. ~ 11j.c ~1 " i ,'-) }'. 'n', " c. ~' ~:' ~J/ ) n I 7 'j I,it; " /,-;' cc l 2J ;~ r;J ~ ':J (iFl . / J', ~ tt-? ;. ~ ]::' '-] -LLj/ /_J (J-rLL,narl=2 ;fl'29 -j!l;I~>: C. bt :'jq 5/1'.]/7.-1 2110 ::Ll I 5/~1/73 ~2= '~:::J -1/2. ,/7 Zcll~ i r, '1 ~\~Jp::' 4-2 ,Ir) I, -: 'r~ i:( (i =r~;; 1,'":":0 ,--~[~ rJ/l 'J,{7-;1 ~f?C~._ (lor~J~--':::Jii r, 1 p,j , ...'~ - .... I' 'L';Jr~.J I ,-, l :-:;'-:1... l7~ ,1-J " f T'rj l"C / , ~\_\~\ -=-~ -- ':.:::'I~';--'".::...\ I I i i I i I ~ ..... -:- ..,': --.-:.=-...:........-' '\ ) '\ 1-:-' I,' i 1 I , 7"~'_'_~ :::r.....c: 0' f~~:,:" :,! 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COU?_-~ I:i t.: i [) TirE COliUJ~Y ,..,--, -'-'~-'''''''''::J' ",- UC JGCI:'':'l~..)'',-.L; STA'J.:'Z OF COLQHADQ Civil Acticn lJoa !;2]6~ Div.3 GEORGE R. DODDER, KL\.RY DODDER, FRED P,ICHAHDSON, ANTIONETTE RICH'J.,RDSOH, ENDRE ~~JOR, IRENE rl~JOR, GEORGIA SPANIER, LEiHS flIcGILL, HARRIET r:rcGILL, ARTHu"R BRlmTON, r-TARIAN BRUNTON, NYRVIN NOBLE, IRIS NOBLE, CHARLES DOUGHERTY, CHERYL DOUGHERTY~ GARY HOLBROOK~ and LINDA HOLBROOK~ Plaintiffs, , vs ALBRRT E. ANDERSON~ individually and as Mayor of the City of Wheat Ridge, Ste.te of Colorado; RAY PEPE~ JOE DONALDSOH, filARY CP.VARRA~ PAUL ABRiU1S0N, KELVIN , HULSEY ~ ROBERT HmIARD, individually and as members of the City Council of the City of Wheat Ridge, and THE CITY OF l,-IHEAT RIDGE, and DWAINE R. RICHTER, .. Defendants. ~~, _ '.J ~ , ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT ) ) CONCLUSIONS OF LAW ) ) JUDGNENT ) ) ) ) ) ) ) ) ) This is an action brought by the plaintiffs who own land adjacent to land owned by the Defendant Dwaine R. Richter. In this actlon~ they seek to have set aside and held for naught the action of the City Council of the City of ~fueat Ridge in annexing the property of the Defendant Richter to the City of Hheat Ridge and changing the zoning thereof. FINDINGS OF FACT From an examination of the record, the Court finds the following facts: The Defendant Dwaine R. Richter ~ade application to ~he City Council of Wheat Ridge to change the zoning of his property and to annex his property to the City of Wheat Ridge. An extensive, hearing Has held before the I,-iheat Ridge City Council on April 26 ~ 1973, and at this hearing it ,-jas stipulated bebieen the attorney for the Defendant Richter and the City Attorney that if the City did not rezone the property as requested, therr it t!;t-:Juldr..tt h2..~I2 2.ny ri,::;:~t. to act on tc~~ l_.~c~.erty..ll (P2.ge 37, lines 19 thro~b~ 25, April 26, 1973 h~~rl~~.) Fur~~er h~~rir:;s were held 01'1 1",T'lt' -. . _.. , 1 n __ u , IS T ~ . (j j; .-2...,> :::t:J 1ST _- . The pl~intiffs throu~h a~ attorney appeared at the hearings held before the City Council and presented to the City Council evidence that they represented twenty percent, or core. of the lots immediately adj acent to the "jest of the Richter property extending one hundred feet therefrom. They protested against the change in zoning requested by the Defendant Richter. The City Council on-~BY 31, 1973 by a vote of four to .t two found that the "frontage" of the Richter property is on West 32nd Avenue, and that no protests or protestors appeared who were owners of land in the rear or in the front of the said tract. , The City Council by votes of four to two enacted an ordinance annexing the property to the City and changing the " zonirig as reque5ted by the Defendant Richter. At the hearing of April 26, 1973, the Defendant Richter pre5ented substantial evidence to justify the changing of the zoning as requested. The plaintiffs presented substantial evidence to the contrary. CONCLUSIONS OF LAW 1. The Court is of the opinion that it is not-~or this Court to determine the wisdom of the zonir~ by the ~meat Ridge City Co~~cil. As stated in the Case of Bird vs. City of Colorado . 489 P.2d 324. Springs, Colo. liTo provide for the health, safety and helfare of its citizens and th~ general public, a city ~as the pm'ier to classify ladd Hithin its bou...'"ldaries for specified uses. City of Colorado Springs vs. Miller, 95 Colo. 337, 36 P.2d 161. Once this power is exer- cised, it is entitled to a presu8ptio~ of validity and one assailing it, bears the burden of overcocing that presu8ption, a"d courts indulge e'/ery intenditient in favor of its validity. Orth vs. Board of County Com'rs for Boulder County. 158 Colo. 540, 403 P.2d 97~; Huneke vs. Glaspy. 155 Colo. 593, 396 P.2d 453. To overcome this preslli~ption. the one claiming invalidity must establish such invalidi~y beyond a reasonable doubt. B~~ vs. City and County of Denver, 147 Colo. 104. 3 Ei 3 P. 2d, 6 9 8 . fI T[-i~~ CQ-.:rt is s2t~5f'l.ed ~'=--O'""'1. 2. :'-H.~'::-,;' of tr~e :'-~~'.Jr'd ~::-:2.-= tile pl~lntiff~ her2i~ h~ve n8t sL~~~inei t~e bu~den o~ 0~e~- , t' CO::1lng ne p:-'ssu2ption of valitity beyon~ 2 reasoG2ble C.C:.10'C .. Therefore3 li the cnly issue befo~~ th~ Cuu:'t ~ias the ~:isdom of the action of the City Council, the Court would sustain the action as having been supported by tte evidence before the Council. Had the City Council denied the requested zoning, its action would likewise have been supported by the evidence. 2. The question still remains, hOHever, as to whether the City Council acted properly in passing the zoning ordinance by less' than a three-fourths majority. Section 139-60-5, 1963 C.R.S. provides as follows: t "Such regulations, restructions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changes signed by the O'.mers of tNenty percent, or more, either of the area of the lots ~nc1uded in such proposed change, or of those immed- iately adjacent in the rear thereof extending one hundred feet therefrom, or of those directly opposite thereto, extending one hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the voting members of the legis- lative body of such municipality. The provisions of section 139-60-4, relative to public hearings, and official notice shall apply equally to all changes or amendment s . II The defend~~ts contend that there is no ey~dence to sustain findings that the plaintiffs are the m-rners of brenty percent of the area of the lots as defined in the above section. The Court is of the opinion that there is sufficient evidence in the record that plaintiffs are the o,'mers of twenty percent of the area iR~ediately adjacent to th~ west of the defendant's property. Not only is there evidence in the form of petitions, (Opponent's Exhibits 1-6), but the City Council in effect acLrnitted that the ti>ienty percent provision \.;as applicable ,'ihen the City Council made its findings of fact as to where the "frontage" of the Defenda::1t Richter's property \-ras. The question rer::2.ining to be deterwined is 'tToet;--,er the pl~lnti="fs ar=: Ifprote.3:o:'.31i 25 d~:::Cln~--1 iYl Se2':~Lor1 13'j-60-5~ ~lh_,p ~~rpn,d?r.~~ cor p~d tl_~ r1yce i!_ __~_. __ ,w_ .'L_~_ Il.::..t, "':.." . the City Counc~l fOLtnd th~t the pr:J;Jert.:/ fronts on 32nc. A'/en.ue, that onlJ' those OT;;::ines property to tr~2 r:..:J~.th or tr~\... JJ',~--,r of -ell:=: IJ20pcr~y in q1,j-:::stio!1 are protected by the statute above quoted. The plaintiffs clain that if the statute is so interpreted, it is unconstitut- lonal as denying equal protection of the laws. The Court is of the opinion that the statute must be construed in a matter consistent with its constitutionality, if such construction is possible. To construe the statute to me~~ that o~y owners of property to the north and the south can require a three-fourths majority is to deny to owners of property to the west equal protection of the laws.. and would be uncon- stitu~ional. The Court is of the opinion, however~ that the statute can be interpreted so as not to violate the equal pro- tection clause. ... It is the Court's opinion that the question of what constitutes ltfrontage" of property is a question of law and not a question of fact, and that the City Council had no power to determine which side of the property in question is "frontage". In the case of Village of Bannockburn vs. County of Lake, 17 Ill.2c 155.. 160 NE 2d 773. The Supreme Court of Illinois stated as follows: liThe word "frontage" has a comm.on, ordinary meaning and, ObViously, that meaning was intended in the statute here under construction. "Frontager: means that part of the parcel sought to be rezoned that gives access frontage on a roadHay, alley ~ or oth~r public T,-ray. \l Applying the legal definition above set forth to the property in question, it is apparent that the property has its "frontage" on both West 32nd Avenue and en the road,-lay .-rhicn is designat ed on the plat as "frontage road," the !,oad '...hich runs , , from north to south along the east side of the Richter property. Hhen this legal definition of "f':r'ontage is applied to the Richter property, it is then clear t~at the plaintiffs are the o""mers of lots "irnmediately adjace::t: in the re2.r' thereto. It The C:Lty Council th~refore v;~s bound by the provisions of the of t:~:: st~t_~~e r~C!="l_~-':"':}2-r'i; _ f2.;o:-'2.b~2 "I/ut:2 Oi.--' t h:'2e-fou:,t~"';s !\~ ~ ~ all votl~; ~~~be~s t~ D~~~ t~e o:di~~~:e. 3. It 1f;~.:l3 ?.::"61.l~d at :....;....,:::, L.. ~ ~e::'r' lL~s be [":]:'2 this Court tn~~ 2:e~ thOUSCl ,"' L..ne . ". "' z:Jnlr;..; 12.ll.S, tt'~e 2.n:-'J.2=:2.~io:1 ~:::'~s st_~11 v2.1id bec2.t.:se the plaintiffs h~ve no standing to protest annexation. It was stipulated at the hearing on April 26, 1973, that if the zoning was not granted, the City could not have any right to act on the property. The Court is th~refore of the opinion that since the zoning fails for lack of a three-fourths majority and therefore is void, that the annexation ordinance is likewise void. JUDGHENT Judgment is entered in favor of th~ plaintiffs and against! the defendant on the plaintiffs I con:plaint. The action of the City Council in passing ordinance number 129 series, 1973, is vacated, set aside, and held for naught. BY THE COURT: )27./ /Yr;b#~ ~ WINSTON w. WOLVING~ Judge c; /' l-<.~c IN THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON AND STATE OF COLORADO Fll~D IN T~~ 3 DISTRICT COURT civil Action No. 42363 Div. GEORGE R. DODDER, et aI., ) ) Plaintiffs-Appellees, ) ) vs. ) ) ALBERT E. ANDERSON, et al., ) and DWAINE R. RICHTER, ) ) Defendants-Appellants. ) JCl4r:.;',' -3 lj '971 JEFFERSON COUNTY , COLORADO NOTICE OF APPEAL TO: THE HONORABLE WINSTON W. WOLVINGTON, JUDGE OF THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON, AND TO THE ABOVE NAMED GEORGE R. DODDER, ET AL., BY AND THROUGH THEIR ATTORNEY, LOUIS B. BRUNO, GREETINGS: Please take notice that the undersigned counsel for the defend- ~, ! I ~1 t...! ii ant, Dwain~ R. Richter, will file an Appeal on behalf of the defendant herein, Dwaine R. Richter. Said Appeal will be docketed in the Colorado Court of Appeals feet therefrom. g r, '''I 1{ It ~ . } t i I ~ 1 I \ -j ~ 1 . 1 pursuant to Rule 12(a) Colorado Appellate Rules. The issues presented by this Appeal are as follows: 1. Did the Court err in finding that the plaintiffs appeared at the hearings and presented evidence that they represented twenty per cent, or more, of the lots immediately adjacent to the West of the Richter property extending one hundred 2. Did the Court err in holding that what constitutes the frontage of the Richter property was a matter of law and not a matter of fact. 3. Did the Court err in holding that the Richter property has two rears. ,,/"/.'/> /" 4. Did the Court err in holding that the plaintiffs were qualified protesters under CRS (1963) 139-60-5. 5. Did the Court err in construing CRS (1963) 139-60-5 so that an added burden is placed on owners of corner lots as opposed to lots abutting only on one street. 6. Did the Court err in applying Illinois law to determine the meaning of the Colorado protest statute, when the Illinois statute is radically different. , IJ1&-,rIo~ ;J /J;jl!j MARTIN P. MILLER Attorney for Defendant-Appellant, Dwaine R. Richter 1901 W. Littleton Boulevard Littleton, Colorado 80120 798-2525 ~ I h2feby c:rtify that I have mailed a CO";)'j cf tho fCfs~:':na to opposing ""'1 . ^-"',-j .'.'^ ~<,...:........" d y COL\,-_ cr r...~~.. ..,~ ..~.:..".. a of ...::':-::-;~:,,,"'l;u,.:,.....,, lO..j.~., with f.-. . su dCtent post;:.;~ t.12re':.;n TOr del ivery of same. . "" \ "-----. ,.. \1",,\ "'\"'" ~' ~ ........,.;:............ .......~...._....._...... " .. ", -2- City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map.