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WV-97-2
[ --. _. - _. ~ The City of Wheat Ridge 1 ~cc%~U . /.f ~~_ ADMINISTRATIVE PROCESS APPLICATI0~1,j~„~ v='-'/'' ' Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 eotc Phone (303) 237-6944 Applicant Russ and Jan Anderson Address 6465 W. 48th A*~enue Phone 424-0424 . ~ ;. Owner Russ and Jan Anderson Addres'S ~d65 W. 48th Avenue Phone 424-0424 Location of request_~. 6465 W. 48th Avenue Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions ® Variance/Waiver Site development plan approval Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request Removal of three (3) existing billboards and rebu{Idtna one (I) billboard 50' from I-70. Vacate Marshall Street n the s ect pronett -- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PH~NE . Jan Anderson 6465 W. 48th Avenue 424-04 4 Russ Anderson 6465 W. 48t Avenue - I certify that the information and exhibits herewith submitted are true and corre the best of my knowledge and that in filing this application,, I am c i.~g~Faith the.knowledge and consent of those persons listed above, wathb ~h~~ ~t the requested action cannot lawfully be accomplished. Appl ~an. owners must submit power-of-attorney from the owner whic - ~ of ~s action on hi/s behalf. Signature of Applicant -f p~( ,L Jon T. Bradley, Amato Subscribed and sworn to me, this 4th day of Jnne 19 97 _ _ Notary Public SEAL _ ' My commission expires'Ju1y-26, 2000 Date Receiveo- xeceip~ ivc~. .,a~~ .. .. ~ ~~ pF~. ~yl~.~'. k.. i° v ~ i ~~ ,~~,,~, ,. 'YiY xn - - '.:_~ j ~ ~ti ~ } f t c h. 'r may. 4 g ,#~ , r~,r h° ~~ :i i „c 3 ° ~i ~ ~~ `~ v ~f ... Ofe.: '.. -21.fT~°~ `w~ `~jIMN. i r`e'~a JR~ '1• ~~ a f h `bu ~$' w4: ': 4W :q {d' ..rte ~, ___ _ ~8-97 11:27 FROM: GANNETT OUTDOOR ID: 3033226520 PAGE 3 •« J~ 1 l i o i ~. _ _. ~ _ t •t m , - 1~ a ~, _., IL.r~ rr r. \ ~ ~ b.d r c d ~ \ r ~ I -• • ' ~ C I ~,~k __ _ t; i Ap +[ _........_......,... ~ g f t a y a. a E ~..? r---~ 6~ i~ ~ ` w y y '~ I' ~ i I r '~' r Gdrn n:n l ~~ /` ~~ 'rt a iL y!' 41~ -. ~~ ' ~ .try ~V _.._ _/_ _~ ~ ., .~ ~ ` °~rM 0• ~~ ~./ Q' t t~ ~ L ._.. .__. .. ,• B ... ._ y - --- __~_ 7d ~ . ~s ~Q 1~~. s4 ~~ CCC4J ~a~ 12A irl 1! ~ ~~~ ~ ~a t u ~[}i ~ ', A~ N l W i~ 41 I? 1 .O ~i l ~i;j'. wN:: WrJ tD IrJ N(": NO'i0 t-IroJMVO m 41 OR f.+ N iY"'+ n rt tD r• f> N M qr. c:• tbO ro NN Kl P ~.. ., er Y. m - (LK b tD ~ `1 c n ~ ~ lJ t.a .f N.p (~ :l rt (~ P W jr ' `S '.D flnnrt 1 [ Y 0. 7 r' rf ~' ttl'tt o `~: O W ^t [ X O ~t O rP f ~f1 •X• ~rt 11 v i y~ ~. ~o w % 'K CGk 07 tJ•~.:n 0:1 99TT .. °' x ' • a 1 n ~~j In K i J IR 4+ F^ W awo w~a •• n s-t+tl. . w o n m F! n ' N I l O P rf r bN •! fH H O lit O .~ .. rNA 1- 'tl A iii,„SSS w oY•W mir'w • ~ N s t-n w ~ .1 D. ~ •i 2 +a ~ I~ W ~. ;y b N ~ ry :] •1: A l N tYt Y+ t t p m ' W tr1 n r' y ~ It t« (~. n~ e H h1 r ~ w~• Ya 4: 0.• :1'i ~ I . r r Ui N N M• to rn ~ N n l-I rs ta eo,~. trxa, ;YWU! Ku~I~• M: Ill ' • j • (A [~ 4• IT X. ~ 5 N G n w ~ , . `. 1 +n ~ t,' b n M 6M ri: IY III C] .~ ----._. ?: ~ s ~ ~ y~ 's ' ~y r~~ N ~ I`~ b 0 a~` ~~~ ~~~ ~~ C _ _ ~.. S ~M ~~ *~ w ~~~ ~~ V 7~ n' j" P ~y ~ ~ d p tY ~ T* c C ~\ 0 N ~ ~ ~ ~, ~ . N ~ {t~j/~~ Qt `~~ A.iM ~ ~ t v to N Nrr t0 r _. r ( Aug-13-97 03:15P DEVREVFAX 303 235 2857 P.02 ' x t --- '-----" -"W 62ND AvE ---- t , ~ ~ V Fl G r ~L Yo ~ ' g ~,~ DPPlG1 f'~L ZONING MAP Wf-t~,hT RIDGE co~o~~Do MAP ADOPTED' .Lrw I5, 1994 Laet Revision: January 9, 1995 w... ~, - r. -:'a r,~,~,i f00-YEAR FLOOD ALAI i'_..:.::i (APPROXIMATE LOCATION) -- ZONE DISTRICT g0(1FII7RY -PARGEVLOT 80UNIDRY (DESIGNATES OWt,~RShiIP) - - '- uTY uMIT LINE WATER FEATi1RE DENOTES ML4TiPLE ADDRESSES S I~f ~ ~ ~, ~am+ _ O W~ SGI~~ ~~~ SEP ~ 3 1997 L:\DAAWiNGS\PLANNING\DS\SN13 MYERS BRADLEY &. DEVITT, P.C. ATTORNPYS AT LAW June 4, 1997 HAND-DELIVERED Glen Gidley Wheat Ridge Department of Planning and Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Tan and Russ Anderson 6465 West 48th Avenue Dear Glen: 4704 Harlan, Suite 420. Bank One Building Lakeside Office Park. Denver, Colorado 80212 (303) 433.8527 Fax (303) 433.8219 Frederick J. Myers ]on T. Bradley Jerald J. Devitt J°(~~ ~ Randall C. Arp ~~`. '~ ~>9gj SPECIAL COUNSEL \\ Kent E. Hanson David M. Kanigel I have been trying to reach you by telephone to try to find out how we go about scheduling the hearing in front of the Planning Commission as well as in front bf the City Council. We have attached our Administrative Process Application as well as the survey and our check in the amount of $150.00 which represents the filing fee. I would appreciate it if you would call me as soon as possible upon receipt of these documents so that we can schedule an appointment to discuss this issue fiuther and determine what, if any, additional steps are necessary in order to perfect this application. Very truly yours, IEVITT, P.C. JTB/sg enclosure cc: Jan and Russ Anderson, w/encl. SHEET ~ PUBLIC WORKS DEPARTMENT PROJECT FILE ~_ ENGINEERING DIVISION LOCATION 7500 W. 29TH AVENUE FEATURE WHEAT RIDGE, CO 80215 DESIGNED BY DATE t ~ € i _ gza74784 -~ ~~, f#. va~~eN ? - ~ss`_- 310 , . ~ ; ~! j ~~I~ f _ a ._ f j ~ ~ ,_, ~a . ~ ~ ~ ; - 1-_ _ _. --- - .. .. ._, f I I ._ . . , ;. .:. . ~_ ~ I , ~ 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 W~Bllt_ Telephone 303/ 237-6944 RL(jg'6 July 16, 1997 The Wheat Ridge Departrnent of Community Development has received a request for approval of a Ciri initiated street vacation of Marshall Street at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aueust 22. 1997. No response from you by this date will constitute no objections or concems regarding this proposal. CASE NO: WV-97-2\ City of Wheat Ridge LOCATION: ".lazshzil Street and West ;8th Avenue (no.dt oft-7G). REQUESTED ACTION: Ciry initiated street vacation of Marshall Street. PURPOSE: To vacate unused public right-of--way. APPROXIMATE AREA: 6,500 sq. ft. 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES_ NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES_ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your roles and regulations? YES_ NO If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? '(Jo ob cvf'i~t ~.f-y~crc ~^^+^"' Please reply to: Sean McCartney l ~~~ Department of Planning & Development ~! 47 tv.er'iP17 - ~" DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Lane Use Comnssion State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife X TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners X Denver Water Boazd X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Pazk & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation Ciry" 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 RL[lge July 16, 1997 The Wheat Ridge Deparmtent of Community Development has received a request for approval of a City initiated street vacation of Mazshall Street at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aueust 22. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-97-2\ City of Wheat Ridge LOCATION: Marshall Street and West 48th Avenue (north of I-70). REQUESTED ACTION: City initiated street vacation ofMarshall Street. PURPOSE: To vacate unused public right-of--way. APPROXIMATE AREA: 6,500 sq. ft. Are public facilities or services provided by your agency adequate to serve this development? YES. NO If "NO", please explain below. 2. Are service lines available to the development? YES_ NO [f "NO",.please explain below. 3. Do you have adequate capacities to service the development? YES NO If_"NO",please explain below. 4. 'Can and will your agency service this proposed development subject to your rules and regulations? YES_ NO If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Please reply to: Sean McCartney Deparhnent of Planning & Development DISTRIBUTION: X X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X X Public Service Co. X X US West Communications X State Lane Use Comtission X State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners Denver Water Board WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division "The Carnation Ciry" 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 j'~l BICt, Telephone 303/ 237-6944 Rldg6 July 16, 1997 The Wheat Ridge Department of Community Development has received a request for approval of a City initiated street vacation of Mazshall Street at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aueust 22. 1997. No response from you by this date will constitute no objections or concerns regazding this proposal. CASE NO: W V-97-2\ City of Wheat Ridge 1( ~~ V~~,t LOCATIO;d: MazshaP Street aad ~dest 4Sth Avenue (north of I-70). / REQUESTED ACTION: City initiated street vacation of Marshall Street. / ~'" / g PURPOSE: To vacate unused public right-of--way. r v I ~ ~ rl APPROXIMATE AREA: 6,500 sq. ft. _ . nS o ~~r I. Are public facilities or services provided by your agency adequate to serve this development? V ~ YES_ NO. If "NO", please explain below. C`~y 2. Are service lines available to the development? YES_ NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES_ NO . If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Please reply to: Sean McCartney _ Department of Planning & Development DISTRIBUTION X TCI of Colorado X Water District (Wheat Rid Jeffco Health Department X t Rid e) Jeffco Schools X Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City X Denver Water Board X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Lane Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey X WHEAT RIDGE Pazk & Rec Commission Colorado Dept. Of Transportation WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife WHEAT RIDGE Building Division "The Carnation City" \~ FROM SELLAROS & GRIGG 303 999 1~444t ^ 08-27-97 ©1:49PM TO \\ oo~\C\O ' • J~cy~v l ~~ /~, ~~. ~-~, .~ ~ ~ ~O 1 0 n 0 -_ ~~Q~ o....... a~o, m ,w ~~$m _____ _ - 352857 ~~ a139 P.2/2 o,~ ,.. _;; -~ ~ Black 20 ~ ~ ~ ~ ~ 81ock~'11 ~ I ..\ _ ~ ~ '\ ~® ~/\/~ (T 5~5pR ~ IpNpJ~~ ro ~ . 1 ~ , \ ~ Vii- ~.< < ~. . ~~ I D(786-396) y~ g .r. 1 ' 76 ~ 8~,°Z O \ ~ ~ ~ ~ !. ,o• w g~~~Sa ,y ~, g ,R ~ ~~°~~~~ v ~ ~` a Em ~ ~ ~ ~ __ { ~"\ _ N I ~ ~ O ~ ~ ,~ ~- _ , ~~ _ ~F ~ m y q \ ~ ~ ~~~ ~`~ D 205--380 I ' __ .___ .. Sl^w~w. ~y 235-~'~ ® ~ -~1y,,~~~~ X94 29'F_5°tL-0' ~ O ~~ ~. - USN <µf~IVt~ ~ ~-~$-t~`jg ~ - _., ___ _ _- t-(Qoeal{n~ far F.A.P. Na 120 end 3z Cw Tox Fund........N 68' 27' W) __. ~,942g__ __ __ ____. _.___ _~~ 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge RE°~~iV~® July 16, 1997 AuG 15 19x7 TranSyST~' °'° The Wheat Ridge Department of Community Development has received a request for approval of a City initiated street vacation of Mazshall Street at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aueust 22. 1997. No response from you by this date will constitute no objections or concerns regazding this proposal. '~~~~ ~ ~ CASE NO: WV-97-2\ City of Wheat Ridge `~ A~ '~ LOCATION: Marshall Street and West 48th Avenue (north of I-70). REG~~ C~ REQUESTED ACTION: City initiated street vacation of Marshall Street. ~ ~ ~ ~~ ~ D PURPOSE: To vacate unused public right-of--way. ~l)(7 [ ) ~~~~ APPROXIMATE AREA: 6,SOOsq.ft. -______ _____ 1. Are public facilities or services provided by your agency adequate to serve this development? rv~~ w. YES_ NO If "NO", please explain belo / 2. Are service lines available to the development? N ~i~ YES_ NOS If "NO",please explain below. 3. Do you have adequate capacities to service the development? ~1,~ YES NO . If "NO", please explain below. 4. Can and wilt your agency service this proposed development subject to y our rules and regulations? ~G,~ YES NO . If "NO", please explain below. 5. Are there any oncerns or problems you agency has identified which would or should affect approval of this request? Ju .¢~~~t/I,~ Pleascreplyto: "ean'v'cCartrep Department of Planning & Development DISTRIBUTION X TCI of Colorado X Water District (Wheat Ridge) Jeffco Health Department X Sanitatiori District (Wheat Ridge) Jeffco Schools X Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City X Denver Water Boazd X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Lane Use Commission X WHEAT RIDGE Public Works Dept. Slate Geological Survey X WHEAT RIDGE Park & Rec Commission Colorado Dept. Of Transportation WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife WHEAT RIDGE Building Division "The Carnation City" t7ENVE~ VVATE~ 160D West 12th Avenue • Denver, Colorado 80254 Phone (303) 628-6000 • Fax No. (303) 628.6199 August 18, 1997 Sean McCartney Community Development Department City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Case No. WV-97-2 Deaz Mr. McCartney: AUG i 9 1997 Denver Water has no comment on the vacation of Mazshall Street north of West 40th Avenue as we do not have arty water facilities in Mazshall Street. Questions concerning proposed water facilities within this azea and concerns on vacation of Mazshall Street should be directed to Walt Pettit, Manager, Wheat Ridge Water District. Wheat Ridge Water is responsible for water service and water facilities within this azea. Sincerely, ~ ~ ~~ James F. Culligan Distributor Services Supervisor 7FC/rma cc: Walt Pettit, Wheat Ridge Water District N:IWPUFC~MCARTNEY.2 CONSERVE __. __.. Memorandum To: Sean McCartney From: Ken B~etiGn 7~o S~}oo Date: August 997 ~~° ~3~ C~~~ Re: WV-97-2\ City of Wheat Ridge We have received your referral letter regarding the proposed vacation of public right-of- way of Marshall Street and West 48~` Avenue (north of I-70) This is to advise you that the Wheat Ridge Sanitation District(WRSD) has existing sanitary sewer mains within the subject street right-of--way. Accordingly, any vacation process must preserve the WRSD's legal rights for those existing facilities in order to continue providing maintenance and operation functions. It should be noted that WRSD's facilities in this location accommodate the major portion of sewage generated within the District, and a large part of the City of Wheat Ridge as well. If you have any questions regarding this matter, please call me. cc: District Office 1 MEMORANDUM TO. Sean McCartney, Planner FROM: Greg Knudson, Development Review Enginee ~ --- DATE: August 22, 1997 SUBJ: Vacation-of Marshall Street @ West 48th Avenue/WV-97-2 The Public Works Department has reviewed the Planning Department referral dated July 16, 1997 for the above-referenced site, and_ has the following comments: 1. We will need an exhibit consisting of an accurate legal description for tbs area to be vacated: Please make sure that no portion. of Marshall Street (State Highway 72) is vacated by this action. . 2. Please note that the original name of this street was "Illinois Avenue", by the Berkley Heights, 2nd Filing plat. The west 34 was vacated by deed at Book lOQ, Page 495. 3. The Traffic Department has reviewed this referral, with no comments at this time. cc: Bob Goebel, Public Works Director -- Jack Hurst, Interim Planning & Development Director Steve Nguyen, Traffic Engineer John McGuire; City Surveyor File MEMORANDUM Approved Date To: Bob Goebel, Dir Public Works From: John McGuire Subject: Marshall St. Vacation Date: July 7, 1997 I have reseazched the records concerning Mazshall St. which was formerly known as Illinois Ave as shown on the plat of Berkeley Heights Second Filing, in the Southwest'/4 of Section 13 and it appears that the East''/z of this street was never vacated. I haue attached several documents that were filed vacating other streets in this Subdivision . Also the deed in Book 100 Page 495 vacates other portions of this street. The deed (Book 786 Page 396) that is referenced in the Andersons P.R.D. is for an alley in Block 11. The best way to resolve this matter may be to vacate "The East 11/z of that portion of a street formerly known as Illinois Ave which is adjacent to Block 11 as shown on the plat of Berkeley Heights Second Filing in the official records of the County of Jefferson State of Colorado." ® Public Setvice° August 27, 1997 Public Service Company of Colorado 55015th Street, Suite 700 Denver, CO 80202-4256 FAX (303) 571-7877 City of Wheat Ridge 7500 W. 29'~ Ave. Wheat Ridge, CO 80033 - Re: Vacation of Marshall Street Public Service Company of Colorado (PSCo) has reviewed the request for the above referenced project. Please reserve a utility easement over the proposed area to be vacated. If you have any questions about this referral response, please contact me at 571-7735. Thank You, " / ~~' 7/, Teresa Wilson u~/ Right-of-Way Processor NMD: Single-family AL~G.-29'9'lFRi1 14 32 Ml'ERS BRr1DLEY DEVITT TEL 303 433 8219 FROM $FLLARD$ & GRIGG 3D3 986 1444 OB-29-97 AA:IAAM TO 433A219 COMSUl.TING ~ SELLARDS ~ GRtGG, INC. ENO~ra EERS 7f3 UnWn BOUle+er0,5N,e700 anode:t7oat Aaeaeao lakewaetl, CobraOe A022A Fex: (yp3] 98A-OBBs MARSHALL STREET VACATIOI~I P. 003 X155 P.2i3 Sheet I of 2 A strip of land 20 feet in width lying in the southwest one-quarter (SW 114) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 20 foot strip is bounded on the east, south, west and northby the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat $ook 2, Page 2. 2. On the south by the northeasterly line (aka Course No. 3) of that parcel of land as described in Book 1810, Page 2i6, from Carmiao T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965. 3, pn the west by the centerline of Marshall Street (fka Illinois Avenue), said centerline being the centerline as shown on said BERKELEY HEIGHTS SECOND FII.ING. 4. On the north by the southwesterly line of that parcel of ]and as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 20 foot strip contains 6,180 square feet (0.1419 acres), more or less. AU instruments as recited above aze of Jefferson County Records. Exhibit A as attached hereto is made a part hereof. The drafter of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellazds & Grigg, Inc., 143 Union Boulevazd, Suite 700, Lakewood, CO 80228, on August 28, 1997 under S&G No. 97389-21 for Myers, Bradley & Devitt> PC and is not to be construed as representing a monumented land survey. 973 89/21f sl/marshalf AU6.-24'97(FRI) 14:33 MYERS BRA-LEY -EVlTT TEL~303 433 8719 P,OQ~ FRBM SELLAROS S GRIGG 383 98& 1444 0849-97 AB:IBAM TO 4338219 =155 P.3/3 tXtiJ!!1J R - JntCl G Vr L IN I~ to i i.. ~> i^ ~~ :o -~ z a °,° ' ''° ° ~~ I °° p0 ' tiv ~ o v mm I 1 1 I , ~ wta I w~. ~ ~~ ~ ONI ? ~ wN' m ! w N ~ N 1` v I Y ~ - - -- CJ(F-205) ; i 1 0 o 0 I N i I I i i ~~O D(1870-256) 8}~g~~ ~~ i ~p ~ ~ . , ,~tJl,.` P(2-2 I ~ CJ((F-383 I `t°,' CJ(K-530: I D(786-396): C H q II ~~ ~ °v m _: ' ,, ' _" ~ Y ,., '3 ~ ~ ~ -'°~ $+~: ~,t9' J u jh ~ so ( 6a j~ 1 1 f ::'...j... S.AI;§'A~E ST. 1 ~ '.,,~'..., ..° 2 N CJ(F-363): i ~' '~;' ay j~ I [ eis ; ,.. a e ram„"' ' A I Z I ` , ~.' D tm m ,go £ N ~m m ~. 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Planning Commission Staff Report Page 2 WV-97-2 /Anderson I. REQUEST This is a request for approval of aright-of--way {R.O. W.) vacation for an unused portion of Marshall Street mm~;ng between Interstate 70 (south) and West 48th Avenue (north). II. DESCRIPTION The request for vacation of R.O.W. would complete the vacation of a portion of Mazshall Street (Formerly known as Illinois Avenue) located to the north of Interstate 70 and south of West 48th Avenue. John McGuire, the City Surveyor, reseazched the history ofthis R.O.W. and located records showing the vacation of the west %: of this right-of--way. Currently, the R.O.W. is virtually unused, with the exception of three existing billboazds. There have never been any public improvements developed on this site. The property measures 20' wide by approximately 320' long and is located north of Interstate 70 on top of a large berm. The majority of the R.O.W. is zoned Commercial-One (approximately 220' from West 48th Avenue to the south) on the northern half, while the southern portion of the property is Agricultural-One. The applicant, who is the adjacent property owner, is seeking approval of this request to acquire ownership of land that has been housing three existing leased-billboards. No adjacent parcels utilize this R.O.W. for access. If approved, it is recommended that the 20' X 320' pazcel of land be vested the applicant, and that the entire property be reserved as a utility easement for the existing overhead power lines. III. COMPREHENSIVE PLAN The Comprehensive Plan currently does not show this portion of Mazshall Street on the master plan, as a street because this is undeveloped right-of--way. The existing pazcel is located within the Commercial Activity Center land use designation. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the three existing billboards, and the construction of one new billboazd) that will not comply with the existing land use designation. . IV. CRITERIA Before a street R.O.W. vacation is approved, the applicant shall show and the Planning Commission shall make the following determination: 1. That the proposed vacation will not leave any adjoining land without an established public road connecting said land with another established public road. If approved, the proposed vacation will not leave the adjoining land without an established. public road as this R.O.W. is not developed and has never had public improvements. Currently, the property is being used for three advertising billboards. No property would be land locked if the property is vacated. Planning Commission Staff Report WV-97-2 /Anderson Page 3 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the city's future Master Plan and should be omitted as a designated public R.O.W. from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the R.O.W. in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and / or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated pazcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a larger pazcel, would require approval of the utility company and compliance with the development standazds established in the Wheat Ridge Code of Laws. V. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the property should be designated as a utility easement for the existing Public Service power poles (see attached). VI. STAFF CONCLUSIONS AND RECOMMENDATION _ _ Staff concludes that because this portion of public R.O.W. has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles, the proposed vacation should be approved as requested. Yet, the question still remains as to who the new owner will be after the vacation occurs. Typically, the vacated land is split between the two adjacent land owners. This, however, would cause problems due to the intent of the owner to the east (the applicant), who wishes to retain the right to lease the property to billboard companies. Planning Commission Staff Report WV-97-2 /Anderson VII. RECOMMENDED MOTIONS Page 4 OPTION A: "I move that case no. W V-97-2, an application for approval of a Right-of-way vacation of an unused portion of.Mazshall Street (approximately 6465 West 48th Avenue), be APPROVED for the following reasons: 1. The property is and has always been an unused for street or access purposes, 2. The Director of Public Works fmds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 4. Staff recommends approval." OPTION B: "I move that case no._ WV-97-2, an application for approval of aRight-of--way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be DENIED for the following reasons: 2. 3." W S?MJ AVE u r` 1 ~) ~ ~._., r- - 'rr7 ' ~ ~-'- ~ ~~'° ~.` ' ,.:- ~~r ~ f~~- w slsT Ave A~ZVADA ' .•, .-, .. ,._... .. -- ~.::~:: 3 •;. , "E: ... [ } PERK V.< .~- .C-- _ _ _ _ _ IS -~, - - '' T°'- •I ~n '~~ W r ~''~ ? ~ wn ~;. -- - ,tea ~ ~.• ~~2 ~p~ E::: R MIM fl-:. _ ,, ~ ~ E; -- ~:~•'• SIELI oR0 I R s $s 6> ° _ _ ° ~ ~~ ~w~~ ~GD 22 w R ~ :>*bee , °1e~ej wZ-aS-ll ~ a6]p .+ '§; e i w saTn rve .ars ''' ~T ~< uoz v,.eiic ~ '~ saes E: ~~ f < S ° STORMG I >p • 'mo s T ~ . ~~ 1ye' G-2 '§ E: ~DpoS~ g•o•Kl. 'DeDtcaTl~ ~~ O~~I GI ~L :; 100-YFJ~R PLOOD PLr~IN ZION I NG M~~ `_-' ZOhfE DISTRICT BOUrIDRYI ~ - -~_ _ W ~ ~ ~ T R I D G ~ -- PARGEL/LOT soutJDRY p ,p ,~ ~ ,pp .~ (DE516NATE5 OS-11~25HIP) GOLOR~DO --~''-GItt LIMIT LIhE ~~ P.40o MAP ADOPTED .Lne Is, 1994 --~-- WATER FEATURE Laat Reviaion:.lanlpry 9, 1995 DENOTES MLLTIPLE ADDRESSES D~hRTt~81i OF PV3NN5 JJD DEY9.OPt~lf -235-7P~2 - L:\DRAWINGS\PLANNING\OS\SW13 _ FKUM DCLLHKU~ & UK1UV BUJ -tl- L44Y UO-G~'-! U-:U-nvt iV CO NS ULTtNG ~ SELLAR DS & ENGINEER 5 143 Union Boulevard, Suite 700 Lakewood, Co~orado 80228 G]JLaJ/ 1JJ Y.~/J GRIGG, INC. Pno-e: (303)986-tads Fax: (303}986-0996 Sheet 1 of 2 MARSHALL STREET VACATION A strip of land 20 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 20 foot strip is hounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line (aka Course No. 3) of that 'pazcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965. 3. On the west by the centerline of Mazshall Street (fka Illinois Avenue), said centerline being the centerline as shown on said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 20 foot strip contains 6,180 square feet (0.1419 acres), more or less. All instnLments as recited above aze of Jefferson County Records. Exhibit A as attached hereto is made a part hereof. The drafter of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 143 Union Boulevazd, Suite 700, Lakewood, CO 80228, on August 28, 1947 under S&G No. 97389-21 for Myers, Bradley & Devitt, PC and is not to be construed as representing a monumented land survey. 97389/21/jsl/marshall rrtvn x~~nnu> a un •uu >o> >au +~~+ uO~`> tXfllEtl! A ~ L,J`J„ i ~' IW Ia ~~ E I``~ I~ .• ~n ~P ~ri I~ ~~ ~_ ~~ t / - ~! L _~~r~flLt / L Vf L MEMORANDUM Approved - Date TO: Sean McCartney, Planner FROM: Bob Goebel, Director of Public Works SIIBJECT: Application for vacation of a portion of "Marshall" Street DATE: July 5,_1997 We have verified through County Records that in fact ."Marshall Street" formerly known as Illinois Avenue immediately north of I- 70 does exist as a street and was never vacated as previously thought. Attached is a memo from John McGuire ,_. City Surveyor, which states this research in more detail. Since this street has not been used as a street since the incorporation of Wheat Ridge, and since we see no use for this street other that to maintain existing utilities in the area such as Public Service power poles, we see no reason to recommend denial of this request for vacation. I recommend the following language be used in the form of a motion. "The East 34 of that portion of a street formerly known as Illinois Avenue which is adjacent to Block 11 as showh on the .plat of Berkeley Heights Second Filing in the official records of the County of Jefferson, State of Colorado be vacated for roadway purposes and that all use rights for utilities within this parcel remain perpetually." The questions still remains as to who the new owner will be after this vacation occurs. Typically, the vacated land is split between the two adjacent land owners. This would cause problems becans~ of the intent of the east side owner, the Andersons, wishes to retain the right to lease the property to billboard companies. Perhaps this question is best referred to the City Attorney. MEMORANDUM To: Bob Goebel, Dir Public Works From: John McGuire Subject: Mazshall St. Vacation Date: July 7, 1997 I have reseazched the records concerning Mazshall St. which was formerly known as Illinois Ave as shown on the plat of Berkeley Heights Second Filing, in the Southwest'/a of Section 13 and it appeazs that the East'/ of this street was never vacated. I have attached several documents that were filed vacating other streets in this Subdivision . Also the deed in Book 100 Page 495 vacates other portions of this street. The deed (Book 786 Page 396) that is referenced in the Andersons P.R.D. is for an alley in Block 11. The best way to resolve this matter may be to vacate "The East''/z of that portion of a street formerly known as Illinois Ave which is adjacent to Block 11 as shown on the plat of Berkeley Heights Second Filing in the official records of the County of Jefferson State of Colorado." MEMORANDUM TOc Sean McCartney, Planner FROM: Greg Knudson, Development Review Enginee ~ DATE: August 22, 1997 SIIBJ: Vacation of Marshall Street @ West 48th Avenue/WV-97-2 The Public Works Department has reviewed the Planning Department referral dated July_16, 1997 .for the above referenced site, and, has the following comments: 1. We will need an exhibit consisting of an accurate legal description for the area to be vacated.. Please make sure that no portion of Marshall Street (State Highway 72) is vacated_ by this action. 2. Please note that_the original name of this street was "Illinois Avenue", by the Berkley Heights, 2nd Filing plat. The west 34 was vacated by deed at Book 100, Page 495. 3. The Traffic Department has reviewed this referral, with no comments at this time. cc: Bob Goebel, Public Works Director Jack Hurst, Interim Planning & Development Director _ _ Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File .. '-[ . ' I .. . • L ~~ . , i'i loo;' . i.4'. ....., fry.rLN ••• "ll~ 1. o tta - ' ~ . f r r ! Ef2SOti AI CRE TATF. F:STATF"'f.'ti I)I';F I) as f'e: renal Adelina Biros. _-,_ ~ ^rmarricd THIS UN: F:U iv made by _ _ - q~ p • -Ander_`t~l'antee whose Representntiee ul the FStnte of Tondora Ei.Ande~pafltkl/a Jaeadota D161 aeomGftt H{ h Rd. person)".da•caved, Grnnwr, to /~~~//~~//nU~$D/ 22403 Ya11eY 9 A~/p,g(J,G6/•d61~/ ______---~ Morrison, CO 80465 address is __ _._...-- ~., ,. **a/k/? Dnra Di fiarmm~ WHEREAS. the nkgve-named decedent in his lifetime made and exetutrd his Last r an 80 which WilMae dale admitted to lfar„e.kkl finfnrmnh JanUar 17 19 _--• i _ Court in and fur the Testnmentdnted_-~--'~' Di stn et -.__-__._~_ probate nn October 24 __, 19_•bY the _- _~__Cuuntyof_Jeffer~ sow-•:rods[xtcofCnlnrtdu.I'mbnte~•u.B8pIi801._..._--~ WHF.RF.p S, C[sntnr was duly nPPoi nteti Personal Rrlrrrscntatice of snid F.rtate nn October 27. 19ri~ ID,_, and is now qu;dified and actinK in said capacity. NOW, THEREFORE. Pursuant to the Ixncers conferred :q.,n Gt°utwr b_:~ the Cnbrado F'ro rn[r trony'ec, tssi •n, t ••msCY~eUSdi(~•t ncrlkrDar.•u'•'IAs the )wrr<•n Code. Grantor dues hereby sell, un0 f~Unt!`ted Yen 1__ - ,- , .,- tenancy) •tfor :md in consideration oC _. _.. entitled w distribution of the Property under the nFnce captioned Wilh• rite follnwinK descn t CUUnt)'nf_~Jeffer SOn-,_. State of Colorado: rent pmixrty siumte in the - - r"\' ~ I Lots'~1,2.3,4,5,6,7,8,9,10,11,12,13,14, 15,16,'G5,26,27,28,29,30,31,32, and 33, BERKELEI' HEIGHTS, SECOND E'.LiNG, exception those portions of 1942 lots Black 11, the par :y of the first part on October 1, 13,14,15, and 16 conveyed by 194E to Albert H. Blakeslee and by Warranty Deed recorded on October , and except those portions conveyed in1965dinrBookd1810 at Maude M. Blakeslee, a e 257 and on July 26, November 4, 1953 in book 8309at p g I•u 1 in NiLititr 6Laie {~,, N~~a,~'~ a so noimp~'•le6~a~ $tl~'3~{`"fy}1 Qg~tp`~~th ~ve~iue9 R',',r~t15~1 a{R{iu t hancus. ree nn c corn liens and en<~um Iran: c+. except: covenants, easements and restrictions of record, and subject to general p:oper'~y taxes far the year 1990 and subsequent years. * Tooether with the vacated a11eY a~7olning said lots. '!seated Decemberl0. 1y52 in book 786 at page 396. , This Aeed is being re-'ecorded1991ratrrecept porno). 9llOnlSKton contained in deed recorded Novp~^ber 11, As used herein, the ainKUlnr includes the PlursJ :rod the mnscult"'' ~"n'i"'' thr lrminine and neuter ypmde•rs ns the context mny rel~91v~ F.xccutcd .. _-November. 5_.-• . i +rl'er~m;d Hrl,rr.,•nurtnvof tlu• ** Teodnra Di Giacomo a/k/a , h:.t:.o•..f IAn l'nnuaru•d Prrsnm"Ikceased **Teadora DiGiacomo a/k/a Dora Di Giacomo tiT'A'I'fitrP t'U LttItAlU' l,. Jefferson ('nl'N'I'YfIP ' -_ Sth Joy of b,•I:, n• nv• 11:x- n. '1'hofarvrvunKm•'ruru,91 ~~I,tsurAAellnatB~rns Teadora OiGiaeotao November ,1:r Tcndnra 01 Giacano a/k/a fersomd Nrpresrrtt alirr.:I thr F:.t ut,. ~•~ Urn tWiun's..,mylautd lnn,l dhnld'~,al a/k/a Dora 01 Gl acomo •~ 71194 0 Jly tonmllCpli vki.~pt~,~n... _ ~^A.NtQ.9~- '::S :.: .. :., :.. •. ^. v.~i ur.~- n.e;u dmK hnnn.aoad •\lrik,. ns rgliiu r.•8 ~ '• -t n, l.rn, :.n., di ,..,. ~~... I,. , "Sl rikr ~d ,Irred~•nt•~c;t. mnruc'i' it i.,,,n Ivan .:u ... ... ,••n-,~ rx,•mW nm• Ibr pr.rLlr rt•.pnrrwrnt ri ',• I ...~... ~. .., ____..,..n.._P..d,f..uo., .,. ., .. . ~ ~ ~ _ _a A U ..+ +.+~~~ 0 ..- ~a f +'. 7 y .1 7ro,Y. aQ S ~~ i ~ gL~tg ~! ++ -..1 C a h 7''q ~ ~ A ~ t~ ~~~ o,.. .. n a~1 owsV ._..._ -- 3' ~Q ; `~1 ,.., '^w ..., ,.r _ t ~ ... •r ~ ; 4 ~ 6 gP 1 + ^yy ~.... ~ ~_ • ~ { ~ \ ~ ~ i w .. or~ + ` i t ~.., ~ L .._._ ~v . I i W i f ~ t ~~~ .. ~ , 3 ~~s ~ 1~ 3 ~ ~ ~ ~~ t n ~ ~ s \g = I , i ~ ! Oc tt + V ` i ` ~~ ]Y d~ C .. _ r I (~.sl' • i i V f ~ ~ ~~ \ k ~ ~ M t+1 d ~ ~~ ~ y ~ - 1 n ~ 1 1 y _ O' 9 ~ 270005(10 SS3NNHO `L10?33 LL' L I G6-BZ-`~3HN 4 n n~ g Tne crty of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid e Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 6465 W. 48th Avenue phone 424-0424 Applicant Russ and_Jan Anderson Address 6465 W. 48th Avenue Phone 424-0424 Owner Russ and Jan Anderson Address Location of request 6465 W. 48th Avenue Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Detailed Description of request ebuildina one (1) billboard 50' from Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit Other billboards and List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ADDRESS PHONE NAME 424-0424 Jan Anderson 6465 W- 48th Avenue - Russ Anderson -- 6465 W. 48th Avenue I certify that the information and exhibits herewith gubmitted lication,ald correct to the best of my knowledge and that in filin this app am acting with the knowledge and consent o£ those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this ac~ion on his behalf. Signature Of Applicant Jon T. Bradley, A to ey ~ 19 97 Subscribed and sworn .to me this 4th day of June , Notary Public SEAL My commission expires July 26, 2000 Receipt No. Case No. Date Received ,_ NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Heazing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on September 4, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens aze invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No W V-97-2: An application by the City of Wheat Ridge to initiate vacation of an existing right-of--way, Marshall Street, to be divided by the adjacent land owners. The following language is recommended: THE EAST % OF THAT PORTION OF A STREET FORMERLY KNOWN AS ILLINOIS AVENUE WHICH IS ADJACENT TO BLOCK I 1 AS SHOWN ON THE PLAT OF BERKELEY HEIGHTS SECOND FILING IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO BE VACATED FOR ROADWAY PURPOSES AND THAT ALL USE RIGHTS FOR UTILITIES WITHIN THIS PARCEL REMAIN PERPETUALLY. Mazilyn Gunn, Secretary ATTEST: Wanda Sang, City Clerk To be Published: April 14, 1997 Wheat Ridge Transcript 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 234-5900 Rldge August 21, 1997 This is to inform you-that Case No.N'V 97-2 -which is a request for approval of a city initiated street vacation for RigJtt of way property located at Marshall Street South of West 48t/z Avenue will be _. heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M.. on September 4. 1997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notes any other persons whose presence is desired at this meeting. If you have any questions or desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION . "The Carnation City" -- _---=i l P 963 361 560 0 7] JJ GJ O O 7J 0 Q .N.. C. n (D •~+~, n ~ ~ Q ~ ~ ~ ,. -~ P 963 361 561 (n m m m Iil m c < ~~~ -I _ D m ~ ~ l V O A i y ~ r N ~ ~ N ' y ~ S ~ ~ y . ~ ° yF _' -' ~ S~ n -m. o ~ - n aL7 7L1.. SL~2 ~f LCI ffi inn. 4J ~s 3 ~~ ~~ 3 J~ ?~ ~~ ~+ S GIV L51 Ul m m m m m Zi m 6 ~ ~ .. . 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C ~. ~ '3 > V p ~ 6 N n w a o lc( m < ~ ~ o ' o ` Jcv~ O m -o ry N C O Z o ~ F- ~.J N W ~ C-., ~ O ~ ~ ~ , ~ Q ~ a a _ _F _ ~ W - ~' n or m s m ° ' v~°m~o r m a ~ N ~ 4+ O N Cll ~. y d N ~' _ O N Q = N ~ to m x s m ' m m ~ m PUBLIC HEARING SPEAKERS' LIST DATE: Septemeber 4, 1997 ASS ENO: W V-97-2 REQUEST: An application by Russ and Jan Anderson for vacation of an existing right-of--way, Marshall Street, at approximately 6465 W. 48th Avenue. 00"OST$ D00-TTOT 2i~ 00'05T$ TDO-ZTZT 2IQ ~3 tt~usz~yQ - uosaapuK - TDO-£T5Z ~ ~a~ 09E9 00'OST$ 00'OST$ L6/~0/90 00'05T$ 1Nf10WV N03H~lE]Ca ~DI9O 5DT5T (~ T "~ 31tl0 N03H0 'ON N03H0 7 O L ~ L 'O'd `mna0 'g' ,CaiPeag saa,Cy.] ~-_ r • • Planning Commission Minutes Page 2A September 4, 1997 1. Page 7, pazagraph 2, insert on line 6; 2. Page 10, pazagraph 3, delete "the interim." A motion was made by Commissioner SNOW ,seconded by Commissioner THOMPSON to approve the Minutes of August 14, 1997. A motion was made by Commissioner SNOW, seconded by Commissioner THOMPSON to approve the minutes of August 21 as amended: 1. Page 1, section 4, under first motion, insert the correct vote. 2. Page 2, section 7, under paragraph 1, redo vocabulary correction by changing "admitted" to "submitted". 3. Page 3, section 7, last motion, delete word and restate motion regarding goals and policies. 4. Page 4, section 7, paragraph 4, insert a to add "horse power standards in regard to future review of industrial regulations." 5. Page 6, section 11, include horsepower limitations and performance standards under Discussion and Decision Items. 1 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) There was no one present to speak. 7. PUBLIC HEARING 1. Case NO. WV-97-2: An application by Russ and Jan Anderson for vacation of an existing right-of way, Marshall Street, at approximately 6465 W. 48th Avenue). Mr. McCartney presented an overview of these cases to the Commission. He stated that this is a request by the adjacent owners to for approval,of aright-of-way(R.O. W.) vacation for an unused portion of Marshall Street conning between Interstate 70(south) and West 48th Avenue(north). The property is 6,600 squaze feet and currently zoned Agricultural-One and Commercial-One. The request for vacation of R.O.W. would complete the vacation of a portion of Marshall Street located to the north of Interstate 70 and south of West 48th Avenue. Mr McCartney stated that currently, the R.O.W. is virtually unused, with the exception of three existing billboazds. If approved, the proposed vacation will not leave the adjoining land without an established public road as this R.O.W. is not developed and has never had public improvements. Mr. McCartney stated that no property would be land locked if the property is vacated. He stated that approval of the request will not have a negative impact on the infrastructure of the City of Wheat Ridge. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinances, case ftle and packet materials, and exhibits. Posting requirements have all been met. Mr. McCartney elaborated on the, applications request. In conclusion, Mr. McCartney stated that staff recommends approval. Planning Commission Minutes Page 3A September 4, 1997 Commissioner SNOW asked if on the deed was there an alley that was vacated? Mr McCartney directed Commissioner Snow's request to the applicants. Commissioner Snow asked why the Planning Commission was not reviewing the variance? Mr. McCartney explained that the Boazd of Adjustment would review and decide on the vaziance. Commissioner CERVENY asked to abstain from voting on Case No. WV--97-2 due to past business relations..- A motion was made by Commissioner SNOW, seconded by Commissioner THOMPSON to allow abstention by Commissioner CERVENY for Case NO. WV-97-2. Motion carried 5-0. Commissioner T'HOMPSON asked whose liability will the ownership issue fall on. Ms Reckert stated it would be up to the Wheat Ridge courts and that liability is not an issue. Chairmen WILLIAMS swore in the following citizens wishing to speak on this case: John Bradley, 4704 Harlan Street, the applicants Attorney addressed the Commission. He said that only positive changes will occur. Upon reseazch, he found that the previous vacation of Illinois Avenue occurred for only the west half. What his client seeks to do is get their half of there original dedication. He stated that once they own the east half of the original r.o.w., they will apply for a billboazd variance. He stated that the applicant concurred with all the recommendations and findings of staff. He stated that this pazcel will have no detrimental affects to the City or the Public resources. Commissioner SNOW asked Mr. Bradley if he did additional reseazch on history of the Vacation? Mr. Bradley replied "Yes" but a portion of the deed was unreadable. A motion was made by Commissioner RASPLICKA, seconded by Commissioner SNOW to be approved for the following reasons: 1. The property is and has always been an unused for street and access purposes, 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 3. Staff recommends approval. With the following conditions; The entire 20' vest with the applicant, .~ Planning Commission Minutes September 4, 1997 2. A utility easement for Public Service be reserved over the entire 20'. Motion carried 4-1, with Commissioner THOMPSON and Commissioner CERVENY abstained. Commissioner THOMPSON states her reason for voting "no" is not because she is opposed to the vacation but she feels there is not sufficient evidence to allow the condition which states that the applicant receives all of of the vacated right-of-way(20'). 2. Case NO ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, chapter 26, Zoning Code relating to residential densities, development standards and specifically, PRD site Design criteria. Commissioner BRINKMAN researched the Site Design criteria for PRD with other cities. She stated the reason for that was to help with wording on the Site Design criteria PRD ordinance revision. Commissioner BRTNKMAN discussed and explained other Municipality methods for Site Design criteria guidelines. She stated that she would like to see the PRD Site Design criteria read cleazer. Commissioner BRINKMAN continued discussions. Commissioner CERVENY asked if we could postpone decisions oti the Site Design criteria? Meredith Reckert replied "No", Ms. Reckert said the decisions and revisions needed to be discussed tonight and ready for City council meeting held on September 8, 1997. Commissioner THOMPSON suggested that the Planning Commission go through the PRD Site Design Criteria section by section. The Planning Commission concurred. A motion was made by Commissioner BRINKMAN, seconded by Commissioner SNOW to add the insertion of "establish quality" to replace the word "sound" on page, section 1, line 3 to be approved. Motion carried 6-0. A motion was made by Commissioner SNOW, seconded by Commissioner CERVENY to accept all the changes made by the Comprehensive Plan to be approved. Motion carried 6-0. A motion was made by Commissioner BRINKMAN ,seconded by Commissioner SNOW to accept no revisions to Site Design Criteria, page I, section 1, to be approved . Motion carried 6-0. A motion was made by Commissioner THOMPSON, seconded by Commissioner BRINKMAN to include the word "bicycle" on page section 2, line I 1 and line 12 to be approved. Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Coritmissioner SNOW to add the sentence "Preserve drainage ways in as natural state as possible without channelization or engineered structures or as required by other agencies" on page 3, section 3, bullet 1 to be approved. Motion carried 6- 0. � I mgl rG tWALS] MAM: I X 0 R I M" !I W WL113 APPLICANT(S) NAME: Russ and Jan Anderson rankywawwuT� M 1 WHEREAS, the City of Wheat Ridge tlanning has subm5e to t)e consictered with the above request, and said list of factors is attached hereto and incorporated herein by reference. and made a part hereof; and Tony MUUMUU RMT 477M"? 'tiff' testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner Rasplicka, seconded by Commissioner Snow, that Case No. WV-97-2, a request for approval by Russ and Jan Anderson for vacation of an existing right-of-way, Marshall Street, at approximately 6465 W. 48tb Avenue, be Approved for the following reasons: I . The property is and always been an unused for street and access purposes. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 3. Staff recommends approval. With the following condition: I . The entire 20'vest with the applicant. 2. A utility easement for Public Service be reserved over the entire 20'. VOTE: YES: 4 NO: I (Commissioner Thompson) ABSTAIN: 2 herewith certify that the foregoing Resolution was duly adopted by an 4-1 vote, with 2 abstaining of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 4 day of September, 1997. M WHEAT RIDGE PLANNING COMMISSION jcbe, AssMstant Secretary RIDGE PLANNING COMMISSION