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Home My WebLink About01/08/1998NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 ---- - ---- - ---------------------------------------------------------------------------------- ---- - -- - ---- - -- - ---- APPROXIMATE AREA: 5570 Sq. Ft. (20 x 278.50) PRESENT ZONING: Residential-One PRESENT LAND USE: Vacant SURROUNDING ZONING: N,S, E, W: R•1 SURROUNDING LAND USE: N. Elementary School; S,E, W. low density residential low density residential COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential ------------------ 4 ---------------------------------------------------------- – ----- – – - . ...... . . . .... . ... ..... .. . DATE PUBLISHED: December 19, 1997 DATE POSTED: December 25, 1997 DATED LEGAL NOTICES SENT: December 24, 1997 --- – ---- – -------------------------------------------------- – ------- – --------- – ---- --- – ----- ___ — ------ ENTER INJO REC!2g(?� This request is a City-initiated right-of-way vacation for an unneeded parcel of land located at West 33rd Avenue extended between Pierson and Parfet. The property in question is zoned R- I and measures 278.50' by 20'. Abutting the property are two single family homes on the south and Prospect Valley Elementary School on the north. The right-of-way is currently undeveloped but most of it has been incorporated into the adjacent yards to the south by fencing. There is an existing street light within the right-of-way adjacent to Parfet Street. The City had recently initiated Code Enforcement action to get the fences moved off the right- of-way for emergency access. The Wheat Ridge Fire Protection District requested the City to pursue vacation of the right-of-way instead as emergency vehicle access is not needed at this location. See correspondence from WRFPD included under Exhibit The Jefferson County School District supports approval of the vacation. See attached Exhibit In their Phase 11 Master Plan for the school, a pedestrian path is shown running inside their property line just to the north of the land being vacated. The path construction will occur in 1999 at thier expense. The City of Wheat Ridge gave up the possibility for any future street connection for 33rd Avenue between Pierson and Parfet in 1987 when the Applewood Hills Subdivision was approved and the partial vacation to the west. City staff feels strongly that there needs to be a pedestrian connection at this location. Staff supports the vacation as long as the path is built by Jefferson County. Before street right-of way vacation is approved the applicant shall show and the Planning, Commission and City Council shall make the following determinations: I That the proposed vacation will not leave any adjoining land without an established public road connecting said land with another established public road. All adjacent, potentially affected properties have access from Parfet or Pierson, therefore, no properties would be landlocked as a result of the vacation. 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City • Wheat Ridge. 3. That the proposed vacation will not have a negative impact on the infiastructure of the City of Wheat Ridge. Although most • utility companies did not respond to Staff s referral, we feet it is important to reserve the potential for future utility line installation in this area, Therefore, Staff recommends a non-exclusive utility easement • reserved over the entire 20'. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies, 21, it; L 0 L way. If there are other existing utilities within the r-o-w being vacated, utility companies would be allowed access for use and maintenance • way • easement reservation. Staff concludes that the criteria used to evaluate a right-of-way vacation support approval of the request. 111. AGENCY REFERRALS Public Works will support the vacation as long as a pedestrian connection occurs between Pierson and Parfet • the school property and if a utility easement is reserved. Wheat Ridge Fire Protection District does not need the right-of-way for emergency access. WRFPD requested that the vacation • initiated. Option A: "I move that Case No. WV-98-1, a request for approval of a right-of-way vacation 'I West 33rd Avenue extended between Pierson Street and Parfet Street, • APPROVED for the following reasons: I . It is not needed for emergency vehicle access. 2. A pedestrian connection between Pierson and Parfet will occur on school district property. 3. The evaluation criteria support approval. non-exclusive utility easement be reserved over the entire 20'. 2. Vesting occur with the property owners to the south." Option B: "I move that Case No. WV-98- 1, a request for approval of a right-of-way vacation f] West 33rd Avenue extended between Pierson Street and Parfet Street, be DENIED for the following reasons: I . 2. Y t • Esau= Date: January 2, 1998 • To: Planning Commission 0 Subject- Case No, ZQA-97-4, An amendment to Section 26-6(B) of the Wheat Ridge Code of Laws relating to special uses, Special uses are allowed in each zone district and are enumerated under each zone district. The current legislation provides that the approval of a special use is a personal grant of use to the owner of the special use, and is not a vested right assigned to the property. In other words, the special use runs with the owner and not with the land. The only way a special use can transfer ownership is through inheritance by an heir. The proposed amendments to the special use section of the Code are attached. New language is shown in bold with deleted language shown in The proposed amendment creates tw* categories of special use approval : 1) Land Vested, and 2) Owner Grant of Use. The two categories address the cases where the investment in developing and constructing the facilities involved in a special use is substantial versus cases where it is not. "Land Vested" us would run with the land; "Owner Grant" uses would run with the owner and could be transfe only through an heir or reapplying for approval as is currently the case for all special uses. • N�� STAFF COMMENTS: Planning Commission consideration prior to Council action. It is not known if this proposal was a Council directive or staff initiated. The proposed legislation does not define `=substantial investment" and there are no criteria to establish what constitutes a substantial investment. This could result in different determinations from case to case where one use is given "Land Vested" status and another "Owner Grant" status with relatively the same investment. The creation of two classes of special uses creates two sets of rules for special uses and will require additional monitoring by staff. Administration of regulations is streamlined when the legislation is simple and applies to aU cases. This will not be the case with this proposed legislation, move to U 1%- /-4, an amendment to Section 26-6(t) of the Wheat Ridge Code of Laws pertaining • special uses, to January 15, 1998 and direct staff to address the following concerns: N "I move to recommend DENIAL of Case No. ZOA-97-4, an amendment to Section 26- 6(B) of the Wheat Ridge Code of Laws pertaining to special uses, for the following reasons: "I move to recommend APPROVAL of Case No. ZOA-97-4, an amendment to Section 26-6(B) • the Wheat Ridge Code of Laws pertaining to special uses, with the following changes: 1. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be required by other city ordinances and/or state law, where applicable. (B) Special Uses: Special uses are discretionary uses which We eleOFly SheWM te be Yeid e defieient in an efea, and whieh if property designed, developed, operated and maintained, may be approved for any specific location with a zone district wherein the special use is enumerated. There are two categories of special use approval: I rr 1) Applicability, The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the following process: (3) Criteria for review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (5) City council review. City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission.