Adams County approves seven-lot subdivision and roadway vacation at 4301 West 50 Third Avenue

The Adams County Board of Commissioners on Sept. 30 approved a major subdivision final plat, a partial roadway vacation and an improvements agreement for a property identified in staff materials as 4301 West 50 Third Avenue, allowing seven residential lots and related road and stormwater work.

The board’s decision implements the final plat (case PRC2023‑26) that staff said is consistent with an earlier preliminary plat approval (July 2023) and the county’s comprehensive plan. Jen Rudder, planning and development manager, told commissioners the final plat would produce six duplex lots (three duplex buildings) and one larger single‑family lot, and create three tracts designated as passive open space and stormwater mitigation.

Staff and the applicant described required infrastructure work. The improvements agreement requires construction of a rain garden, a detention basin and an outlet structure on Tract B, dedication of right of way along Tennyson Street, West 50 Third Avenue and Stewart Street, construction of half of Stewart Street and required ADA ramps on West 50 Third Avenue at Tennyson and Stewart streets. Rudder said water service will be provided by Denver Water and that a will-serve letter from Berkeley Water and Sanitation District had been received.

Developer and project representative David Burton of Real Architecture said the project maintains the existing R‑2 zone district and the proposed lots conform to R‑2 dimensional standards. Burton said access to the new homes will be from Stewart Street, and the design includes front‑loaded, two-car garages similar to the duplexes across the street.

Engineered site constraints were discussed during deliberations. Matt Emmons, an engineering representative, told the board the northern tract is “very steep” and would be expensive and impractical to serve with a driveway or typical residential access; the southern tract cannot take new driveways onto West 50 Third because of intersection spacing. Emmons and staff said those topographic and access constraints were the reason tracts A and C are plotted as non‑buildable tracts rather than buildable lots.

Public comment raised traffic and safety concerns at the existing three‑stop intersections near the site and asked about building heights and parking. A resident said winter conditions and drivers’ behavior at the nearby stops make the area “a nightmare.” The applicant responded that proposed buildings will comply with R‑2 height, setback and lot‑coverage standards, that driveway depth can accommodate vehicles, and that the development’s driveways are intended to meet the county’s setback and parking rules.

Commissioners asked about long‑term maintenance. Staff and the applicant confirmed formation of a homeowners association (HOA) will be required. During a brief break, staff and the applicant worked with the county attorney to add a condition of approval that requires the developer to submit evidence of HOA formation and proposed plans for common amenities and maintenance before any certificate of occupancy is issued.

The board voted to approve PRC2023‑26 — the major subdivision final plat, roadway vacation and improvements agreement — with the motion recorded as passing 4‑0 (one commissioner absent). The board’s approval included staff-recommended findings of fact, two conditions of approval (including the HOA/amenity/maintenance requirement) and two standard notes.

The approved documents require the developer to construct the stormwater facilities and road improvements or secure financial guarantees, and to record the plat and improvements agreement before lot sales proceed. If annual stormwater inspections reveal deficiencies and the HOA does not repair them, staff said county stormwater authorities can require corrective work and recover costs per the improvements agreement and county enforcement process.

Commissioners and staff said the decision completes a long-running application process that included an earlier preliminary plat review and agency referrals; Rudder said the planning division received 737 mailed notifications and no written opposition in referrals, and that utilities requested and received dedicated easements on the final plat.

Votes at a glance: the motion to approve PRC2023‑26 passed 4‑0 with 1 absent; approval included 13 findings of fact, 2 conditions and 2 notes as presented by staff.