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HomeMy WebLinkAboutWV-95-1i ~ Tha ~;~Y o, ~Whe at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303.) 237-6944 Applicant ~;t~' c,f Whaa+- R;~~;A Address_75o0 we 99 h Av Phone 235-284$ Owner Citv of Wheat ltidae Addres's Same Phone Same Location of request Quail St. bet. W. 35th Ave ~, Rn„tt, G;~aa .,~ r.ono c,,,,.H Type of action requested (check one or more of th_e actioris 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 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 ciAa of Tana f7nlnh ~, ... List-all persons and companies who hold an interest in the described real property, as owner; mortgagee, lessee, optioriee, etc_ NAME ADDRESS PHONE I certify that the information-and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed .above, without whose consent the requested actior, cannot 'lawfully be accomplished. Applicants other than owners must submit power=of=attorney from the owner which approved of this-action on his behalf. Signature of Applicant Subscribed and SEAL dv`~-wLi/~.Cd~l DAN WILDE, MAYOR~N rn o me -this ~ day of vtXs=c.v~~/~ 19 g _ _. __. _ _-'- -- N ry Public My commission expires ~ 3 ~ -j5 Rr~raincA - - -v....,.: .. a.. wr. ~~ ~~~ ~~~ CASE NO• ~-1 EXHIBIT D9NATION D££D OF CONCFRC N aaxwrnr'~ ~O S DEED OF CONSERVATION EASEMENT is made this .ZO~ .1991, by and between Ernestine Williams of Wheatridge, Colorado, hereinafter called "Donor" and Colorado open Lands, a Colorado non-profit corporation hereinafter called "Donee." 44.W4 Pr~on~tyge one Lena G lch and wlocat d cats 11100 Westr 38thyAvenueg / ` Wheatridge, and located within Jefferson County, Colorado; and WHRnFn°. 'the property shares ecosystems with the surrounding region important to the survival and diversity of wildlife natural to the region; and WHEREAS, the property is suitable for and contains numerous species of wildlife, including foxes, skunks, raccoons and many varieties oP birds including waterfowl along the creekway; and includin the property has been used for agricultural purposes 4 grazing and crops; and ~• 'the property includes the Donor's. house, certain outbuildings including sheds, chicken house and small barn; and a~4r£ic~ultural and wildl Pen values of Donor as propertn ecological, and maintained, and to achieve that purpose, cent in enumerated rights are herein granted; and WHEREAS, the Donor and Donee mutually desire that the land be similartvaluesoo£ Lena G lch and tsdimlmediate environmentnd other prevent any development that will tend to mar or detract fromnsaid values, and to that end exercise such reasonable controls over the land within the restricted area described herein as may be necessary to accomplish such objectives. NOW, THEREFORE, in consideration of mutual covenants herein contained, the Donor hereby donates and conveys unto the Donee and its assigns forever, and in perpetuity, a conservation easement in gross (as described in Title 38, Article 30.5, of the Colorado Revised Statues, 1973) of the nature, character and extent, and for the specific purposes hereinafter set forth, over any and all portions of the lands described in Exhibit„"A," attached hereto and incorporated herein by reference (the "ea§ement area";)- The Donee is a charitable organization exempt under section 501 (c)(3) oP the Internal Revenue Code of 1954, as amended, which was created at least two years prior to the date of this instrument. The Donee is also a "qualified organization" within the meaning of section 170 (h)(3) of the Internal Revenue Code of 1954, as amended. The primary conservation purposes of this easement are the protection of a relatively natural habitat of birds, wildlife and plants that is part of an important surrounding natural ecosystem and the preservation of agricultural uses for which this property has historically been used. r• IISE BY DONEE The nonee, its authorized representtives and assigns are hereby granted the right to go upon the land described in this easement for the following purposes: A- To inspect for violations and~to administer this easement, including the right to confirm the location of property corners and 12/26/91 9:J4.~, .~ RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO - ~,~% RECEPTION NO. 91120225 ~~ • ~ • boundaries delineating the easement area. B. In the event Donee asserts that a violation of the restrictions of this easement has occurred, the Donee shall notify Donor in writing of the nature and extent of such alleged violation, and shall specify Donee~s proposed remedy for the violation. The notice to Donor may be served personally upon Donor, or be directed to Donor at 11100 West 38th Avenue, Wheatridge, Colorado, or at such other address as Donor may from time to time notify Donee in writing, or to the addresses of owners who aze successors iri interest to the property subject to this easement with a copy to Ernest C. Braun, a831 West Maplewood Avenue, Littleton, Colorado Certified' Mail, Return Receipt Requested. In the event of mailing, notice shall be fleemed to have been given five (5) days after mailing of the notice by Donee. Thirty (30) days after notice to Donor in the manner as heretofore provided, if Donor fails to commence remedial action, and to present an acceptable plan to Donee evidencing that the remedial action will be undertaken and pursued with due diligence and accomplished within a reasonable time, Donee at that time may institute suit to enjoin, by temporary restraining order and/or temporary or permanent injunction, any such violation, and where appropriate, to require the restoration oP the premises to their prior condition, or to seek such other relief as may be available to Donee under applicable statutes and other rules of law; provided however, that Donor agrees that after the giving of notice as herein provided, in the event there is a continuation of the alleged violation which will result in irreparable harm to the property subject to this conservation easement, Donee may at any time subsequent to the giving of notice, institute suit to enjoin, by temporary restraining order and/or temporary or permanent injunction, any such violation, and where appropriate, to require the restoration of the premises to their prior condition. .In the event Donor or her successors in interest in the property subject to the easement shall cause a violation of this easement requiring Donee to take legal action to enforce the easement, then Donee~s cost thereof, including attorney fees, shall be borne by Donor or her successors in interest to the property who shall have made such litigation necessary. Donor agrees that as a part of any transaction involving the sale or conveyance of any property subject to this conservation easement, Donor will require the purchaser or grantee to provide the Donee herein with a substitute address for purposes of giving notice pursuant to this Article. C. With prior approval of the Donor, which Donor agrees not to unreasonably withhold, to perform such other wildlife, sanitation, restoration, agriculture or other work as, in the opinion of the authorized representative of the Donee, is necessary or desirable to protect and promote the natural and agricultural qualities of the area, provided that Donee shall have no obligation to perform such work. II. IISE BY DONOR In return for the considerations stated herein, the Donor assumes the following covenants and restrictions. These covenants and restrictions are imposed upon the occupancy and use of the easement area by the Donor and her heirs and assicjns. Except as otherwise provided by this easement, the costs of conformance with.the terms of Part II of this easement shall be borne by the Donor. A. Donor agrees that there shall be no subdivision of the property except that the activities listed in subsections 1, 2, and 3 below shall be permitted: 1. The leasing of any portion of the land for grazing or hay production purposes that is not inconsistent with the conservation purposes of this easement or destructive of other significant conservation interests. z -.; C~ i ' u. :_~', ;ter ~ z. The rental or leasing of any presently existing structure ' or improvements on the property in the easement area. 3. The granting or conveyance or acceptance of anyelin~ or or license for power lines, roads, trails, ditches, p1p flumes, or any other form of easement which is in the opinion of Donor is required to serve Donor's pDOnorttha~are reserved necessarily incidental to the property by herein and which is not inconsistent with the conservation purposes of this easement or destructive of other significant conservation interests. B, There is specifically retained by the Donor, her heirs and assigns, the right to perform ordinary maintenance on the property including the repair and improvement of replacementg of ldexisting replacement thereof, however any structures, including the house, shall not increase the size of. the replaced structure by more than 203 of the original size. - C. The easement area shall not be used for any professional, industrial, commercial, or residential activities except such as are connected with the agricultural uses permitted i.e. selling of milk, eggs, etc. D. No dumping of trash, ashes, garbage, sewage, sawdust, or any similar unsightly or offensive material is permitted within the easement area. E. Thy Donor re' .ins title to all trees =cu~~ng oor =~'ovalhof the easement area, provided however, th vegetation shall be limited to that needed to yiai:.~ain an orderly appearance or to remove or abate disease or infestation excepmt thbe cultivated crops, including orchard frur.'t and nut trees,. y pruned, maintained and harvested in accordance with good farming practices; prior to any removal other than for agricultural purposes, the value to the bird and wildlife cover w311 be onasuchewildlife,ssuchavegetationowill beeallowed to rtemain~pact F. Additional land clearing is generally prohibited in order to maintain the present balance of open and cover areas. Written consent of the Donee is required prior to any land clearing except existing fieldsandnopen pastures inraccordance withdgood farming practices. G. The Donor, her heirs and assigns, retain the right tosese and easement area for general agricultural and ranching purp wildlife refuge areas, including the right to buy, lease, plant, harvest and feed agricultural crops and forages. Donor further retains the right to develop and maintain those water resources on the Donor's land necessary for grazing, agricultural and wildlife. purposes conducted thereon, including, but not limitedum s and right to locate, construct, install and maintain~p P irrigation systems and the means to transmit power to operate said systems, and reserving such travelways as are necessary for purposes of maintaining and repairing any such systems. . A. Donor may not construct any additional residential dwelling units on the easement area. III. DEVISE OF ADJACENT PROPERTY Donor, in her will is leaving to Donee the balance of her proPertY located at 11100 West 38th Avenue, Wheatridge, Colorado (as described on Exhibit B), which consists of approximately 9,000 square feet of vacant land. This property is generally described as having 75 feet frontage on 38th Avenue .and with a depth of property not be developed beyond a dens ty of twotreside tial units 3 3 Y ~ W and therefore this • perty is so restricted. In the nt that the property described in Exhibit B is not transferred to the Donee (at the death of the Donor), the conservation easement will b~ extinguished and the Donee will have no further obligations under that easement. ' IV. PUBLIC ENTRY The Granting of this easement is not intended to permit or in any way give the public the right to enter upon the easement area for any purpose, except as mutually agreed by the Donor, her heirs or assigns and the Donee. d. ' TA7CES properly levied by competent authority onttheaeasement areasand/or this easement. PI. RESTRICTION ON ASSIGNMENT Donee may assign its interest in this easement only to a governmental unit or another charitable organization that is qualified to receive conservation easements under applicable provisions of Colorado law and federal tax laws governing the deductibility of gifts of conservation easements. vII. EXISTING EASEMENTS AND RIGHTS OF WAY This conservation easement is granted subject to all previously granted easements and rights-of-way as the same may now exist or be constructed. PIII. CHANGED CONDITIONp A. Donee hereby covenants and agrees that in the event a later unexpected change in the conditions of or surrounding Donor's Land makes impossible or impractical any continued use of Donor's Land for the conservation purposes described herein, and the restrictions are extinguished by judicial proceeding, then upon the subsequent sale, exchange, or condemnation of Donor's Land, Donee will apply any proceeds received Prom such sale, exchange, or taking determined as set forth in subparagraph 8 below in a manner consistent with the conservation purposes of this easement or for the protection of a ^relatively natural habitat of agricultural, wildlife, or plants or similar ecosystem" as that phrase in used in P.L. 96-541, 26 U.S.C. section 170(L)(4)(a)(ii), as amended, and in regulations promulgated thereunder. 8. Donor agrees that this donation of perpetual conservation easement gives rise to a property right, immediately vested in Donee, with a Pair market value that is~ at least equal to tho proportionate value that the conservation easement, at this date, bears to the value of all of Donor's Land at this date. ,The proportionate value of Donee's property rights shall remain constant. Accordingly, if a change in conditions gives rise to the judicial extinguishment of the restrictions of this Conservation Easement, as set forth above, Donee, on a subsequent sale pr exchange of Donor's Land, or in the event of a condemnation of all or a portion of Donor's Land, shall be entitled to a portion of the proceeds at least equal to the proportionate value oP the Conservation Easement as set forth above, unless the laws of the State of Colorado provide that Donor is entitled to the full proceeds without regard to the terms of this Conservation Easement. C. Donee acknowledges that one of the purposes of the grant of this Conservation Easement is to prevent a condemnation of Donor's Land Por purposes inconsistent with the matters set forth in this instrument. Accordingly, in the event of a condemnation oP 1 or 4 W~ i« • aRELcPTlON NNO. 9}12Q~~y~`l ~~ a portion of Donor's Land, Donee shall join Donor in contesting any such taking and failing that, to recover the full value of Donor's Land, including the value of the Conservation Easement, resulting from the taking and all incidental or direct damages resulting therefrom. Donor and Donee shall be reimbursed out of any recovered proceeds for their expenses in defending any such condemnation. shallxnoticonstitute aewaiveroof any other rights or d tyahereinn TO HAVE AND TO HOLD the easement granted unto the Donee and its assigns forever. This grant shall be binding upon the devisee, heirs, successors, personal representatives and assigns of ..the Donor, and shall constitute a servitude upon the property subject to this conservation easement. • IN WITNESS WHEREOF, the Donor does hereunto set her hand on the day and year first above written. ' Ernestine Williams ACKNOWLEDGEMENT STATE OF COLORADO ) ss. CO9NTY OF JEFFERSON ) Acknowledged before me this ~~ day of .r~'~f~^ , 1991 by ERNESTINE WZLLIAMS. Witness my hand and official seal. My commission expires: I I - d 3 - 95 4~,F-~';,,~ :~.;y~,,• ' Notary Public ..451) `'';: -r;.~:~?." ~'',• . ~ ti/1vH,•.~, Oc. Address: ~'/5 _,n ~~ )_ • . z ~'~ti',~'• ~~~ ~J~ do 8U3p3 •sr: - - Win: .., .~ .-. 5 RECEPTION ND. 93120225 - 1 ~ ~ i ACCEPTANCE Colorado Open Lands accepts the foregoing Donation Deed ot, ' Conservation Easement. Data• ~~K10.1 D , ! 1~ / Donald v.H. alker, Vice-President /(p STATE OF COLORADO ) ss. CZTY AND COUNTY OF DENVER) Acknowledged before me this ~ day of ~.tr~.,..d.~t- , 1991 by- Donald V.H. Walker as Vice President of Colorado Open Lands. Witness my hand and official seal. Hy commission expires: /1• "3 -~5 Hoary Public ~f: ~. ?;,(deal) ~-. F CC{/i ar ~1 q y5 4/ ..,.: ~•:,~ i ~ ~,~` .. . Address: c~d:'4&•r°_~~ FxSA~f~A ~ Ca 80303 _ 13 ~ ~.. ,'. t c pUf1~1G °< ' r , ~ r FOF•c~t/ ~ .~ ) I~a, ~ a ~~ C°t~`l `~ `1~u~. ~-.,ku,~ ~ ~+ccatcQ~~. ~o a~ ~ mnu~ ~^^ gQc.c.2., aw,C ,a~a~ ~- ~- ti+ri;~.Q, eac~- mac. ~ ~u ~ ~ • ~~a~~ • 6 colorad~nds CASE NO. WV-951 ~HIBIT ' C' March 1, 1993 To Whom It May Concern: Colorado Open Lands W50 Walnut Street Suite 525 Boulder, Coldrado 80302 303/443-7347. It has recently come to our attention that there appears to be some opposition to vacating Quail Road across the Ernestine Williams Preserve property in Lakewood. This is to let you know that Colorado open Lands, a charitable organization, currently holds a conseip'vationp ea ement n nrothe Williams property. This easement was granted by Mrs, Williams to us in 1991 for purposes of protecting and preserving her property as a natural wildlife preserve within the heart of the city. Any development or improvement of a roadway/thoroughfare through this natural area and through and across the wetlands to the south of her house would have a serious and detrimental effect to the wildlife corridor along the creekway and to her and our preservation purposes. We therefore support the vacation of the right of way and cannot see any reason why this vacation should not go forward. We have no objection, however, to the city retaining easements for subsurface utilities. Thank you for your consideration on this matter. Respectfully, h ~onald V.H. Walker Vice President Projects Y '1 i500 WES 29TH AVENUE X 38 ~-+e City of P.O. BO 6 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cwheat City Admin. Fax # 234-5924 Police Dept. Fax ~ 235-2949 Ridge December 21, 1994 The Wheat Ridge Department of Community Development has received a request. for annroval of a vacation of an unused portion of Quail Street.right-of- ..-. _ _.. ---- -- - - - - - _.-- aL tine Y.tvYo+. „Y ...,,._----- - - Your response to the following questions and any comments on this proposal would be appreciated by T-~, 1995 No response from .you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-95-1 LOCATION: Quail Street between West 35th Avenue and Lena Gulch REQUESTED ACTION: trafficnonly.n Anueasement1would beWretainedicular for utilities, maintenance and pedestrian bicycle access APPROXIMATE AREA: n/a 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 rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: /~'L rvt RPCker~ 'Department of Planning & Development DISTRIBUTION:. XX Water District (Consolid$ted Mutual XX Sanitation District (Westridg$ XX Fire District ( Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation XX Colorado Div. of Wildlife TCI o£ Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Go. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ,°,~ e~, ,, b~n r~~~~~ eTero nr rnr ncnnn ~ • Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303) 297-1192 Meredith Reckert The City of Wheat Ridge Planning Dept. 7500 west 29th Ave P.O. Box 638 Wheat Ridge, CO 80034-0638 Re: WV-95-1 Dear Ms. Reckert: January 5, 1995 REFER TO For Wildlife - For People The vacation of the unused portion of Quail Street for motor vehicle use should not have any significant impacts on wildlife. If the right of way is developed for other uses in the future, those other uses may have impacts on wildlife. Thank You for this opportunity to comment on land use in the City of Wheat Ridge. If you have any questions, feel free to call. Sincerel~~ `~ , yvl John Hood District Wildlife Manager (303) 291-7227 .. ~ ., ~' DEPARTMENT OF NATURAL RESOURCES, James 5. Lochhead, Executive Director WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar, Secretary Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member William R. Hegberg, Member • Mark LeValley, Member she Are the, LOVNiv pVeC r R-Y a i 0 LL o n O! OOLORPOO• JEFFERSON COUNTY PUBLIC SCHOOLS 1829 DENVER WEST DRIVE / BUILDING 27 / GOLDEN, COLORADO 80401 / (303) 273-6500 January 10, 1995 Meredith Reckert Dept. of Planning & Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80034-0638 Dear Ms Reckert: In regards to the vacation of an unused portion of Quail Street right-of-way between W. 35th Ave. and Quail St.: The School District would not object to the proposed vacation as long as an easement for pedestrian access is still available as indicated in the City recommendation for requested action. Sincerely, Kathy A. Tully Property Management/Planning Services /jp r .. -« _._ ,CITY OF WHEAT RIDGE D r~~?r~n.n~t PLANNING & DEVELOPMENT f Gl'f'~' OF WHEA ~~ - 1~3~~ D `~~~ _. _... _ UU~~ DEVE~QPM~Nt December 28, 1994 Ms. Meredith Reckert Department of Planning and Development City of .Wheat Ridge 7500 West-29th Avenue Wheat Ridge, Colorado 80215 Re: City. of Wheat Ridge Case Number WV-95-1-, Quail Street between West 35th .Avenue and Lena Guich, proposed. vacation of an unused portion of right-of-way-for vehicular traffic -only (an easement would be retained . for utilities, maintenance, pedestrian and bicycle access) Dear Ms. Reckert: _ This will. acknowledge receipt of your correspondence dated December 21, 1994 regarding the above referenced property. _. _..._ _ ' ~We have reviewed the` area ~to'be vacated and, as a condition of. approval of the vacation, The Consolidated Mutual Water Company would require the new owner to grant a right-of-way to The Consolidated Mutual Water Company on the Company's standard right-of-way form. If -you have any questions or comments regarding this correspondence, please contact this office. _ Gi;;coYel~>,. Michael E. Queen Water Distribution Manager MEQ:jl - , cc: Walter Welton, PLS/PE, CMWCo President John Allen, CMWCo Engineer _ _ THE CONSOLIDATED MUTUAL WATER COMPANY L700 West 2?rh Avenue P.O. Box 150068 L:tkewrxrcL Colorado 80215 Telephone 238-O~S51 Fax 23'-5560 DEC 27 '94 16:20 ROM PSCO 7TH RUE. S. C. ~ . ~ P~GE.~ Public Service Company of Colorsdd V Sr- 7th Avdnuo Sorvice Centor ,Q*~~ .~... Our FAX Number: (303) 571.3534 M'" ~1v`~i ~ 'v~, I 9 ~~ ~ ~: ~" v ~~ ~~ Tp Company: ~ ~'` Attention/Phone: Aiannin ~p~ tenant FAX Number: ~Y- ,~ ~9~~. _~_ Number of pages Including cover sheet: From:/Phono: _ Teresa WjjSQR -- MESSAGtr: _ pub? i~ ~gryice _CompanY aeknoNledges receipt of the fo110wing proiects~ We are not dk}e.ta_res,pond by_the protected due date. ~1e dre ez~>p.n~nc_th_e_aroposed plot plans for confiict and wi11 send a response . upon comgtetion. Pubtic Servicr PvDlic Semce Campnry of Cotoraao ~ :7C1 W 'Ip Aree.e . Gemer. CotorWO x6201-ilt+l ~I; NC Tf1T~l P~f;F ll1 vc H: 7500 -:. r :i' 9TH AVENUE ~'I~~ ~ .~~'.~R n~ P.O. c,'.ti 638 ,. T.ll~~1 f~?! ~ Of WHEA; RIDGE. CO 80034-0638 - - -(30 ~ pp-5900 I' 9'.kT * t City Admin. Fax # 234-5924 Police Dept. Fax ~t~3 -2949 .~ ' ' e December 21, 1994 pIANNlNG & DE,~EI.OP,~1$` The Wheat Ridge Department of Community Development has received a request for--~,proval of a vacation of an unused portion of Quail Street right-of- sa~v between West 35th Avenue and 4uai1 Street - ~ ' at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Tanuary S, 1~-~__ No response from you by this date will constitute no objections or concerns regarding this proposal. (y CASE NO: WV-95-1 LOCATION: Quail Street between West 35th Avenue and Lena Gulch REQUESTED ACTION: Vacation of an unused portion of ROW for-vehicular traffic ofor~utilitiesmemaintenanbe an apedestrian bicycle access APPROXIMATE AREA: n/a 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 rules and regulations? < YES NO If "NO", please explain below. ~ ,i l W 5. Are there any concerns or problems your agency has identified which ~ would or should affect approvaT"bf this request? ~ O Please reply to: ~~.~~Z~~c:~/ M RP~kPrt `Department of Planning & Development DISTRIBUTION: XX Water District (Consolid~.ted Mutual XX Sanitation District (Westridg~- XX Fire District (Wheat Ridge Adjacent City (_ ) XX Public Service Co_ _ _ __'_ _" XX US W.;t Communicationr Stan,:.. Land Use Commiss~,bn State Geological Survey "' Colorado Dept. of Transportation XX Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Go. Commissioners Denver Water Board W R Post Office X% W R Police Dept. XX W R Public Works Dept_ XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform d` N "~ ~C m DOK xr« .~, _------ ~~.-._-~. ~ i i R- C ~ _ . I IB R O D m S /~D iE , R-3 ^Q. V AREA OF=RE V~A' AREA ~lA l~A' 0 E y~ b ~~-1 ~' i1 • xr« un ~ ~ R-2 ~ I ` ,~ '' ~u~ = ~` J . ,..« „ ~, _ ~ 7 E1~P,DE ~ OR ,sr oo s~or` r~ _• ~ MEMORAND~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~ DATE: January 4, 1995 SUBJECT: Quail Street Vacation Between W. 35th Ave. & Quail St, WV-95-1 The Public Works Department has reviewed the request for approval of a vacation of right-of--way at the above referenced location, and is recommending a denial of this request for the following reasons: 1. The existing right-of--way strip was acquired and/or established for future connection of Quail Street. The Public Works Department would like to maintain this position in order that this remains a viable option in the future. 2. If the City Council should disapprove of the above recommendation, then we will recommend vacating the south 275 feet. This distance is recommended because the north portion is occupied by Lena Gulch and the existing utility lines. gwk cc: Glen Gidley, Community Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician CITY OF WyFgT RIDGE (~ran~ 17f~ Lu ~... ~_... ~ iJ ~ PLANNING & DEVELOPMENT -~ 7500 WEST 29TH AVENUE - ~he City of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 - (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge December 21, 1994 The Wheat Ridge Department of Community Development has received a request for approval of a vacation of an unused portion of Quail Street. right-of- aL Lne propel: l.y ue o~.i ~-vcu .+-~+w. Your response to the following questions and any oomments.on this proposal would be appreciated by teary 5, 19 5 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE N0: WV-95-1 LOCATION: Quail Street between West 35th Avenue and Lena Gulch REQUESTED ACTION: Vacation of an unused portion of ROW for vehicular traffic. only. An easement would be retained for utilities, maintenance and pedestrian -- bicycle access APPROXIMATE AREA: n/a 1. Are publi facilities or services provided by your agency adequate to serve t s 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 ill your agency service this proposed development subject to your r~ es and regulations? YES NO If "NO", please explain below.' 5. Are there-any concerns or problems-your agency has identified which would or should affect approval /o/f this request? /t~~~ Please reply to: ~(~,~Q1c-j~i~~C,c.,v~- RPC-kPrt_ 'Department of Planning & Development DISTRIBUTION:, XX Water District (Consolidated Mutual XX Sanitation District (Westridg$ XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation XX Colorado Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Go. Commissioners Denver Water Board W R Post Office W_ R__P_ol_ice_De~t: XX W R Public Works Dept. XX W R Parks & Recreation Com. _ W R Forestry Div. W R Building Div. <pc>referralform Co e,~,. r.d r„~„ ' ?500 WEST 29TH AVENUE P.O. BOX 638- - ~he Cify of WHEAT RIDGE. 0080034.0638 (303)234-5900 _-- ~~heSt ~ ` City Admin. Fax # 234.5924 - Police Dept. Fax~# 235-2949 ~1dOre December 21, 1994 The Wheat Ridge Department of Community Development has received a request for 3DDYOVal__of a vacation of an unused nnr+inn of hnail R+raa+ ri oh+-nf- --u.. ~.ue y+.vyei ..y •ee o~.i ......eu ~oivw. Your response to the following questions and any comments on-this proposal would be appreciated by ,-r_ a~,a,-vim, ] gg5 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-95-1 LOCATION: Quail Street between West 35th Avenue and Lena Gulch REQUESTED ACTION: Vacat}on of an unused portion of ROW for vehicular traffic only. An easement would be retained for utilities, maintenance and pedestrian bicycle access ' APPROXIMATE AREA: n/a 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 rules and regulations? YE$ NO If "NO", please explain below.' 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request?'~~,t,~ ~c~ a`ZT-A-tf(c~ Please reply to: /"l/ M „ ~>< r+ 'Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~ XX Fire District (Wheat Ri~ge.~ Adjacent City ( ) XX Public Service Co. XX US West Communications State Land tJSe Eor~nuissicc; State Geological-Survey Colorado .Dept. of Transportation XX Colorado .Div. of Wildlife TCI of Colorado Jefferson Co. Health Dept. XX Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. XX W R Parks & Recre:~,.c:. ::,,.... W R Forestry Div. W R Building Div. <pc>referralform DJ~~flT ~IDG~ fl~~ ~~O1~C110D DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: December 29, 1994 To: Meredith Reckert, Department of Planning & Development, City of Wheat Ridge From: Dave Roberts, Fire Marshal, Wheat Ridge Fire Protection District Subject: Case No: WV-95-1 Location: Quail Street between West 35th Ave. & Lena Gulch Requested Action: Vacation of an unused portion of ROW for vehicular traffic only. An easement would be retained for utilities, maintenance and pedestrian bicycle access. Dear Meredith, After a review of the request for vacation of Quail Street between West 35th Ave & Lena Gulch, I am submitting the following comments regarding this location. It is apparent that Quail Street will never be developed as a through street particularly with the need for a bridge to be constructed over Lena Gulch. The Fire Department has no objection to the vacation request provided it is understood that two lengthy sections of Quail Street are being created as dead ends. As a result of the extensive length, we are asking that turn arounds be provided at the ends of both sections of Quail Street. This issue is addressed in the Uniform Fire Code, 1991 Edition, Division II, section 10.204(d), Dead Ends, adopted by the City of Wheat Ridge. We respectfully request that the City address this issue back to the Fire Department so that preplans for the area can be effected for providing fire protection to the citizens. ~spectfully, rcu~ /;s~cv~- Dave Roberts Fire Marshal W.R.F.P.D. NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held-before the City of Wheat Ridge Planning Commiss-ion on January 19, 1995 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado-. All interested citizens are invited to. speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-94-11: An application by Richard Gash for the Linda K. Gash Trust for approval of a final development plan and plat for property located at 10150 West 43rd Avenue. Said property is legally described .as follows: Lot 1 and Tract A of the Tennis Center at Clear Creek Final Plat, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. WV-95-1e An application initiated by the City of Wheat. Ridge for approval of a street right-of-way vacation for an unused portion of Quail StrEet between West 35th Avenue and Lena Gulch. .The intent is to vacate said street from general public vehicular access, but to retain said right-of-way as an easement for utilities, Lena Gulch maintenance access and pedestrian and bicycle access. A parcel of land lying-in the Northwest 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as the South 275 feet of that tract of land described in the official records of said County and State at Book 2240 Page. 846. ~' ~ Sandra Wiggins, ~etary ATTEST: Wanda Sang, City Clerk To be Published:.. December 29, 1994 Jefferson Sentinel C:\WP60\FILES\11995.phn -SCC tivE ---. ~ a'~ EvuE o BCx a3gv The City of :;HEAT =, :^G E. C:.=:33 ~-Cc"3o .. - -.303: 23~~59~30 - ~}~ li C1l ~~;yAcr~-.=ax=23c-5g2c ~ ?oiiceDeot.Fax=235-25-? - midge January 5, 1995 This is to inform you that Case No. WV-95-1 which is a request for approval of a right-of-way vacation for an unused nnr t-inn of (hail -S•-raat -- £or property located at approximately 11200 West-35th Avenue will be heard by the Wheat Ridge planning romm; ;on in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , OII __Tannar; 19r 1995 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the PldnninC~ C'OIILmission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant`s responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform ~, x, ~,,,N,... .., Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature.' Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to-the public hearing. It could jeopardize your representatives'. ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the .information given above, do not hesitate to contact a planner at the City offices by calling 235-2846.. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner ~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: January 19, 1995 DATE PREPARED: January 10, 1995 CASE NO. & NAME: WV-95-1 CASE MANAGER: Meredith Reckert ACTION REQUESTED: Right-of-way vacation for an unused portion of Quail Street LOCATION OF REQUEST: Approximately 11200 West 35th Avenue NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge NAME & ADDRESS OF OWNER(S): Same. APPROXIMATE AREA: 6,875 square feet PRESENT ZONING: R-1 PRESENT LAND USE: Vacant SURROUNDING ZONING: N: R-1; S: R-1, R-1A; E W: R-1 SURROUNDING LAND USE: N: Lena Gulch; S: single family, school; E W: vacant COMPREHENSIVE PLAN FOR THE AREA: Low density residential DATE PUBLISHED: December 29, 1994 DATE POSTED: January 5, 1995 DATED LEGAL NOTICES SENT: January 5, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN ( )ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( }OTHER (XX) ATTACHED ()NOT REQUIRED ( )NONE (XX) CASE FILE & PACKET MATERIALS (XX) SLIDES ( )EXHIBITS JURISDICTION: The property is wRhin the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WV-95-1 I. REQUEST This is aCity-initiated request for aright-of-way vacation of an unused portion of Quail Street between West 35th Avenue and Lena Gulch. II. LAND CONFIGURATION Quail Street provides access from West 38th Avenue from the north for two townhouse apartment developments north of Lena Gulch. The street from the north ends at the north side of the Lena Gulch improvements. From West 38th Avenue south to Lena Gulch, Quail Street has 50 feet of dedicated width. A proposed five-unit small lot, single-family development project recently rezoned pursuant to Case No. WZ-946 will also use this portion of Quail Street for access. Although the street design for the project has not been finalized, an alternate type of design for vehicle turnaround will be provided instead of a standard cul-de-sac. On the south side of the Gulch, Quail Street ends in a cul-de-sac bulb at West 35th Avenue extended. The right-of-way running north from the cul-de-sac bulb was dedicated in 1970 and is only 25 feet in width. This portion of Quail Street is unimproved. See attached Exhibit 'A'. The entire length of the Quail Street right-of-way is roughly 500 feet. An access and maintenance easement for Lena Gulch covers the northern 225 feet. Property on both sides of the portion requested to be vacated is owned by Ernestine Williams. Ms. Williams owns approximately 14 acres of land which extends from West 38th Avenue south to West 35th Avenue. Existing on the property is a conservation easement held by Colorado Open Lands. See the attached easement document included under Exhibit'B'. The easement allows farming operations to continue but permits no additional development. Existing on the Williams property adjacent to the vacation request are structures normally associated with a farming operation. No other properties will need to gain access from the portion of Quail Street where the vacation is proposed. The vacation is being pursued at the direction of City Council to ensure that in the future, there will be no street crossing the conservation easement. Public Works has recommended that only the southern 275 feet of Quail Street be vacated. The reasoning behind the limited footage is that the construction and maintenance easement for Lena Gulch extends well south of the Gulch itself. The suggested 275 feet extends north from West 35th Avenue to the southern limit of the maintenance agreement. 111. CASE HISTORY The City reviewed this same request as Case No. WZ-93-1. Planning Commission reviewed this request at a public hearing held on April 1, 1993. There were two motions made regarding the proposed vacation. A recommendation of Denial was made for the following reasons: 1. Street vacations are not in the best interest of this City's future and should be avoided; and 2. Public Works Department is not in favor of the vacation; and 3. The reasons listed for this vacation are without merit. Planning Division Staff Report Page 3 Case No. WV-95-1 A condition was added to the recommendation by separate motion, as follows: Vehicular traffic be prohibited from using the existing Quail Street right-of-way (located at approximately 11200 West 35th Avenue), except vehicles necessary to maintain Lena Gulch improvements and further, that the right-of-way be utilized instead for pedestrian traffic and utility maintenance. City Council reviewed this request at a public hearing held on May 24, 1993. A recommendation of Approval was made for the following reasons: 1. There should be no further development on the adjacent property; and 2. No other properties will be land locked. With the following conditions: 1. The entire 500 feet be vacated; 2. A utility easement be reserved over the entire 25 feet; and 3. A cut-de-sac bulb be built on Quail Street on the north side of Lena Gulch. Mayor Winger vetoed the ordinance therefore, the right-of-way is still in place. N. AGENCY REFERRALS Wheat Ridge Fire District has no objections to the vacation since there will be no additional development on the Williams property. They are requesting turnarounds at both dead ends. Public Works is not in favor of the vacation. If it is approved, they suggest it be limited to the southerly 275 feet of Quail Street so that access to Lena Gulch for maintenance purposes is reserved. Consolidated Mutual Water has an eight-inch water main in the right-of-way and will require an easement over all of it (25 feet}. Public Service has lines within the right-of-way and will require an easement. The Parks and Recreation Commission is reviewing this request at their January 18 meeting. V. STAFF CONCLUSIONS In regard to the proposed vacation, Staff has the reached following conclusions: 1. 1Y is unlikely that land on either side of the existing Quail Street right-of-way will ever develop. 2. No properties will be landlocked as a result of the vacation. 3. The northern 225 feet is encumbered by an access and maintenance easement for Lena Gulch. 4. There' are existing utility lines within the right-of-way. 5. There is an existing cut-de-sac bulb on the south side of the Gulch at West 35th Avenue extended. 6. A turnaround on the north side of the Gulch will be built when the five-unit small lot, single family project is developed. 7. Prospect Valley Elementary School could, and should be served by a pedestrian access for school children in the area north of Lena Gulch. We recommend maintenance of a pedestrian Planning Division Staff Report Page 4 Case No. WV-95-1 access easement and construction of a sidewalk and pedestrian bridge across Lena Gulch for this purpose. If Planning Commission chooses to recommend approval of the vacation, Staff would recommend the following conditions: 1. Only the southern 275 feet be vacated. 2: A utility and pedestrian access easement be reserved over the entire 25 feet. c:~wp60`pc~wv951. sr e .. a ~ pi `. , . .,~~>, to n ;. 1 L_ . _ J L~.. ----- O D /~ ~• S /~D !E TQ ti Z - - -~ ~~ Ro w Mfe M jB R 0 D ~ I R-3 ~ ~ ~ ~~ J' W Z AREA vere• b i ~ Z ' i' R-2 ARM M ` --' ~ ~, ~. ~, v `' ~. O 1 " J ~; . n.~ R ~ ~ E~~.DE ~ OR ~rtRr r~ nuu~ i CASE NO. WV-9.5.1 ExFUBrr `a~ i R-C • D E i Case No. WV-95-1 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Is requesting turnarounds at both ends of dead-end Quail Street. Schools: No response. Water: (Consolidated Mutual) Will need an easement for an existing water main. Sewer: (Westridge) No response. U S West: No response. Public Service Co. No objections with easement. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: Colorado Division of Wildlife: No objections. CITY DEPARTMENTS Public Works: Recommends vacation of the souther 275 feet. Parks and Recreation: Will discuss at their 01-18-95 meeting. Police: No objection. Building Inspection: agrefsum.trm Page 4 Planning Commission Meeting January 19, 1995 5. That 250 or more of the west, south and southeast walls of the building include brick as accent to the proposed concrete block or as agreed to with staff. Commissioner JOHNSON seconded the motion. Motion carried 7-0. Commissioner CERVENY moved that regarding the request for minor subdivision, Case No. WZ-94-11, an application for approval of a final development plan for property located at 10150 West 43rd Avenue. be Approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. With the condition that a signature block be provided .f or the Oulette Ditch Company. Commissioner LANGDON seconded the motion. Motion carried 7-0. 2. Case No. WV-95-1• An application initiated by the City of Wheat Ridge for approval of a street right-of-way vacation for an unused portion of Quail Street between west 35th Avenue and Lena Gulch. The intent is to vacate said street from general public vehicular access, but to retain said right-of-way as an easement. for utilities, Lena Gulch maintenance access and pedestrian and bicycle access. . Reckert presented the staff report. Entered and accepted into the record by the, Chairperson were the Comprehensive Plan, case file, packet materials and exhibits. Ms. Reckert stated she had received a letter from Jefferson County Public Schools after packet preparation and delivery, which she provided to Commission at that time: The School District letter.stated that there would be no objection to the proposed vacation so long as an easement for pedestrian access is available. Commissioner LANGDON stated he was unfamiliar with Coloradopenlands. Ms. Reckert stated a representative was present to answer questions. Commissioner LANGDON had questions regarding provisions of the agreement with Coloradopenlands. Ms. Reckert stated that Ms. Williams' attorney was in the audience and could answer questions as well.. Planning Commission Meeting Page 5 ~. January 19, 1995 Howard Noble, 11254 stated he supported saw no reason for a ' presently on the pr. children playing in rapidly. West 38th Avenue was sworn in. Mr. Noble the right-of-vacation for Quail Street. He utility easement, since no utilities are ~perty. He also spoke of his concern for the gulch, as. the water depth can change Chairperson ECRHARDT explained to Mr. Noble that the water and sewer. companies do not presently have lines through the subject site. However, they are requesting an easement through the property should they need to install utilities. in the future. Elizabeth Richardson, 2400 South Jackson, Denver, was sworn in. Ms. Richardson was present representing Coloradopenlands. She stated that Coloradopenlands support the proposed vacation in its entirety. Ms. Richardson pointed out dangers of allowing school- age children access to the land. Mr. Gidley asked Ms. Richardson if the land was vacated, would Coloradopenlands be prepared to dedicate necessary land for a cul-de-sac at the end of the street? Ms. Richardson answered that Coloradopenlands did not own the ~ "underlying property". She added that the City must discuss this matter with the property owner, Ms. Williams. Mr. Gidley stated that he felt that there was no reason to exclude children from this property. He added that they would impact the wildlife no more than the property owners in the area. Commissioner RASPLICKA if it would be possible to utilize the subject property as a-dairy operation or riding stable? Mr. Gidley answered that agricultural zoning would allow such uses, however, the. property owner and Coloradopenlands would decide whether that type of activity would be allowed. Ms. Reckert stated that the current zoning is R-1 and R-3. Mr. Gidley stated that dairy farming is not an allowed use in those zone districts. Commissioner RASPLICKA spoke of his concern that the property could be used in this way. Mr. Gidley reiterated that the property could be used only for those uses allowed in R-1 and R-3 zone districts. He elaborated Ms. Rich rdson stated that at the present time Ms. Williams sells goat's milk and eggs. She added that if a use such as dairy farming was allowed by the City, Coloradopenlands could take the • C Planning Commission Meeting Page 6 January 19, 1995 owner of the property to court because the owner would be violating the terms of_ the agreement with Coloradopenlands. James Moseley, 11325 West 40th Avenue, ,was Sworn in. Mr. Moseley explained to those present that he had acted in Ms. Williams' benefit in the past. He spoke in favor of vacation of a vehicular drive across Ms. Williams'.property. However, he opposed the creation of a pedestrian or bike access or creating any additional easement on the property. Chairperson ECKHARDT reminded Mr. Moseley that the. City was requesting the vacation. Since ,the property is a City-owned right-of-way, the things being requested are already allowed, he thought. Mr. Moseley was concerned that the width of the strip was not delineated. Chairperson ECKHARDT thought that if the bike/pedestrian access was installed at some future date, the width would certainly be a factor. However, the City is-not planning to do this at this time. Mr. Moseley stated then he was 1000 in favor of the vacation. Commissioner RASPLICKA stated that the staff report states th Consolidated Mutual Water Company has a 25-foot easement presently. Ms. Reckert clarified that they were requesting a 25-foot easement. Mr: Moseley stated that existing easements should be maintained. Commissioner CERVENY stated that the City does not have an easement, it owns the land fee-simple. Discussion followed. Mr. Gidley explained that the request is for vacation of vehicular access. The staff is recommending that the right-of- way be maintained. The right of vehicular access, however, be limited only to maintenance of Lena Gulch, pedestrian and bicycle access. Ms. Reckert stated that was staff's recommendation, however, when this is published for public hearing by City Council, it must be published so that if Council desires, they would have the ability to vacate it completely. Planning Commission Meeting Page 7 January 19, 1995 Mr. Moseley had a copy of a recorded deed for this strip of lan_ d which he handed to Mr. _Gidley for his perusal. Mr. Gidley stated that if the City acquired the land by purchase, then-by State law, the land must be sold - it does not revert back to the previous owner. The City Attorney will have to review the document. Commissioner CERVENY asked since this land is owned by the City, then why are we going through this process? Mr. Gidley stated-that the reason Planning Commission was hearing this case was that City Council, by consensus, (based upon a rezoning request at the end_of Quail Street), made a separate motion that the City pursue the vacation of this right-of-way, subsequent to .the zoning case. The motion by City Council required that staff initiate the process. He elaborated. Discussion followed. _ _ Commissioner JOHNSON asked if the strip could remain as it is and restrictions be placed on it? (. Chairperson ECKHARDT stated that is possible. Commissioner WILLIAMS asked if a time deadline exists for the City to use land set aside for streets. Does the land, if not used, revert back to the owner? Mr. Gidley stated that since he had not seen the deed, he was not aware if a "reverter-clause" existed. Mr. Moseley stated there was not such a clause. Mr. Gidley stated that if it is a "clean deed" then the City would own it in perpetuity. There were no further questions of Mr. Moseley. Louise Turner,- 11256 West 38th Avenue was sworn in. Ms. Turner _ briefly told how the subject property came to belong to the City. She-was concerned that City Council had asked that the entire 500-foot strip be vacated, but staff had recommended only a portion of the strip be vacated and that pedestrian and bike access be retained. Discussion was heard regarding the legal notice published. Mr. Gidley stated that State Law clearly states that land l dedicated for public right-of-way by a specific party must revert back to that individual when the land is vacated. He added that Planning Commission Meeting January 19, 1995 if the property was dedicated by the complex to the north, which according occurred, then when the City vacates would then be owned by the owners. of Discussion followed. Page 8 owners of the apartment 3 to_the-deed is what the land, the-strip of land the apartment complex. Ms. Turner pointed out that it would be impossible for residents to see what was happening in the-gulch from their homes. She had concerns about safety for children should access be allowed or encouraged. Wildlife, too, she thought would be endangered from trappers who would find it easier to gain access to the area. Commissioner JOHNSON asked if the Planning Commission could move forward, or if the case should be postponed until some questions answered. Mr. Gidley stated the legal issue must be determined by the City Attorney and she, in turn, would advise City Council as to how the property must be reconveyed upon vacation. Planning Commission is concerned only if the property is to be vacated at all. Commissioner RASPLICKA asked-if there was a way to restrict traffic through the property, but the City would maintain ownership. Chairperson ECKHARDT explained that was what Planning Commission had recommended the last time this request was heard. Commissioner RASPLICKA moved that the strip of land not be vacated and existing easements would remain, but no vehicular or pedestrian access be allowed, except maintenance vehicles. Commissioner WILLIAMS seconded the motion. ~ Commissioner CERVENY suggested that the land remain as is. Mr. Gidley explained further.' Commissioner RASPLICKA felt that conditions had changed since Commission had last heard the case. Commissioner LANGDON questioned maintaining City property and having no plans to utilize the property whatsoever. Commissioner CERVENY stated he would be voting no on this motion, since. there are too many undecided items at this time to make a clear decision. He elaborated. Planning Commission Meeting Page 9 January 19, 1995 1 Commissioner RASPLICKA stated-he felt that more problems would be created if. the land is deeded back to the original owner. City Council will make the ultimate deczsion. Motion failed, 4-3, with Commissioners CRUMPTON, ECKHARDT, LANGDON AND' CERVENY voting no. Commissioner CERVENY moved that no action be taken on Case No. WV-95-1 until complete clarification can be achieved regarding all surrounding land uses, the need for a pedestrian/bike path at that location and if the land was vacated, to whom the. land would revert.. _ - Commissioner JOHNSON seconded the motion. Chairperson ECKHARDT asked if Commissioner CERVENY wished to continue the case until all questions are answered. Mr. Gidley stated that a motion ,for "no action" would be similar to tabling the_matter. He suggested that perhaps a more appropriate motion would be to recommend denial based on evidence presented. .Staff would find .answers to question "to whom would property revert if vacated?" That information would be necessary for City Council public hearing. Staff cannot predict the future use of the surrounding land. Commissioner CERVENY requested that he be allowed to change his motion. Commissioner CERVENY moved that Case No. WV-95-1, a request for right-of-way vacation for an unused portion of Quail Street be denied for the following-reasons: 1. It is uncertain if-a street would be needed in that area in the future; 2. It is uncertain whether a pedestrian path would be needed at that location; 3. It is uncertain what the future land use might be of adjoining properties; and 4. It is uncertain to whom the land would revert if vacated. Commissioner JOHNSON agreed to this change. Motion carried 5-2, with Commissioners RASPLICKA AND ECKHARDT voting no. 8. CLOSE THE PUBLIC HEARING Chairperson ECKHARDT called a brief recess at 9:.18 p.m. Meeting reconvened at 9:26 p.m. 9. OLD BUSINESS ~ A. Planning Project Priorities • PUBLIC HEARING SPEAKERS' LIST CASE NO: VIP$-95-1: DATE: 01-19-95 REQUEST: An application initiated by the City of Wheat Ridge for approval of a street right- of-way vacation for an unused portion of Quail Street between West 35th Avenue and Lena Gulch. The intent is to vacate said street from general public vehicular access, but to retain said right-of-way as an easement for utilities, ___ ,-..~_N ...,~.,+o:,~.,~o accaSS and pedestrian and bicycle access. ~J CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: WV-95-1 LOCATION: Quail Street Between West, 35th Avenue and Lena Gulch APPLICANT(S) NAME: City of Wheat Ridge OWNER(S) NAME: City of Wheat Ridge REQUEST: Vacation o£ an unused portion of Quail Street between West 35th Avenue and Lena Gulch APPROXIMATE, AREA: 6,875 square feet WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning-Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented reached, it was moved by Commissioner CERVENY, Commissioner JOHNSON, that Case No. WV-95-1, City of Wheat Ridge for approval of a vacation Quail Street between West 35th Avenue and Lena following reasons: and conclusions seconded by in application by The of an unused portion of Gulch be Denied for the 1. It is uncertain if a street would be needed in that area in the future; 2. It is uncertain whether a. pedestrian path would be needed at that location; 3. It is uncertain what the future land-use might be of adjoining properties; and a. It is uncertain to whom the land would revert if vacated. VOTE: YES: Williams, Cerveny', Langdon, Crumpton and Johnson NO: Eckhardt and Rasplicka I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 5-2 vote of the members present at their regular .meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 19th day of-Jams ry, 1995., ` ~~ Bob Eckhar t, Chairperson Sandra Wiggins, S tary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANK COMMISSION c:\wp60\pc\wv951.res -5 _'C l"JEST 29TH aVENI:c = o. EOx s33 _ -The Citv of ,'JHEA I RiC'GE.:,:~ SCC- _.,33 X03'. _.. -~~•~G Wheat :~ ~am~~. -~X. ~_-~~_~ _ =o~~~e ^E~:. _~~ _ =?~-_~_~ - Ridge March 27, 1995 This is to inform you that Case No. WV-qF-1 which is a request for ap}~roval of a right-of-wav vacation for an unused portion of Ouail Street for property located at apnroximatP~v ii9no wee{- 3F h Av n, will be heard by the Wheat Ridge CitS' Council in the. Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7;00 p.m. , on All owners and/or their Legal counsel of the parcel under consideration must be present at this hearing before the City Council _ As an area resident or interested party, you have the right to attend this Public Hearing, and/or submit ;written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' c, Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is .intended to inform you of the process involved in land use development applications.. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen. concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy ' and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning, Commission and City Council where decisions are rendered. If you want-input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against .the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner F ~ .~w. 4 ~..~ _~~ ,4 ri? 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O N Q ~ ~ ~ m 0' 0 0 G N U Z~ O O Q d 3 € g `~ n ~ F ~ 0 0 C C ~' ~ ~~~ ~ ~ ~$ ~ ~~~ W m W a U U ~C c; ~~ a r-{ ~~~ ~~ x~8 ~ ~ a~~ M E ' g' a 5 ~ ' Q+ .d ' ~ oa ~ ~ A N ~-t m ~ ~ E~ ~ ~ ~ ~ v ~ E ~ 4 ~ ~O ~ ~ ~ ~ g~~ off- ~ !s} °G GS m g~ d d J3 a ° a a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' m_ NJ ~ N~Cry~ry ~ ~2 p D Q wy yy Ffi •Tf• ~ ~ ~ ~ ~ ~ J N p43 c ¢~ '~ ~ !"~ C a~~~ 2 6 ~~3E~ < 1-_ 0 a m ry ry N~~IS~~~9 CJ m a I O W LL F W U O LL H a ~ ,~,? w f W} a Up ~~ Q ~3 y{ O Q Zd R 2 W Q f i' tV S\ y ~d ~ u ~ oS" w4 .£» +'{ w F " rXS ~ 3S8 u o Oy c $ zz ~ ~ ~ ~ J v wa ~ ~ CF 1~ c7 ri ~ w ~ ~ ~ ~ ~ ~ a ~ ~ _ - T r n U 0 b n IL a Ohs 9hh z`I6 d CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: April 10, 1995 DATE PREPARED: March 29, 1995 CASE NO. & NAME: WV-95-1 CASE MANAGER: Meredith Reckert ACTION REQUESTED: Right-of-way vacation for an unused portion of Quail Street LOCATION OF REQUEST: Approximately 11200 West 35th Avenue NAME & ADDRESS OF APPLICANT(S): Clty of Wheat Ridge NAME & ADDRESS OF OWNER(S): Same. APPROXIMATE AREA: 6,875 square feet PRESENT ZONING: R-1 PRESENT LAND USE: Vacant SURROUNDING ZONING: N: R-1; S: R-1, R-1A; E W: R-1 SURROUNDING LAND USE: N: Lena Gulch; S: single family, school; iW: vacant COMPREHENSIVE PLAN FOR THE AREA: Low density residential DATE PUBLISHED: March 27, 1995 DATE POSTED: March 27, 1995 DATED LEGAL NOTICES SENT: March 27, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN ( )ZONING ORDINANCE ()SUBDIVISION REGULATIONS ( )OTHER (XX) ATTACHED ( )NOT REQUIRED ( )NONE (XX} CASE FILE & PACKET MATERIALS (XX) SLIDES ()EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. • Page 2 Planning Division Staff Report Case No. WV-95-1 1. REQUEST This is aCity-initiated request for aright-of-way vacation of an unused portion of Quail Street between West 35th Avenue and Lena Gulch. II. LAND CONFIGURATION Quail Street provides access from West 38th Avenue from the north for two 4ownhousefapartment developments north of Lena Gulch. The street from the north ends at the north side of the Lena Gulch improvements. From West 38th Avenue south to Lena Gulch, Quail Street has 50 feet of dedicated width. A proposed five-unit small lot, single-family development project recently rezoned pursuant to Case No. WZ-946 will also use this portion of Quail Street for access. An alternate design for vehicle turnaround will be provided instead of a standard cul-de-sac to save trees at the south end of the property.. On the south side of the Gulch, Quail Street ends in a cul-de-sac bulb at West 35th Avenue extended. The right-of-way running north from the cul-de-sac bulb was dedicated in 1970 and is only 25 feet in width. This portion of Quail Street is unimproved. See attached Exhibit'A'. The entire length of the Quail Street right-of-way is roughly 500 feet. An access and maintenance easement for Lena Gulch covers the northern 225 feet. The majority of the property on both sides of the requested vacation was owned by Ernestine Williams. Ms. Williams, who is now deceased, owned approximately 14 acres of land which extends from West 38th Avenue south to West 35th Avenue. Existing on the property is a conservation easement held by Colorado Open Lands. See the attached easement document included under Exhibit 'B'. The easement allows farming operations to continue but permits no additional development. Existing on the Williams property adjacent to the vacation request are structures normally associated with a farming operation. No other properties will need to gain access from the portion of Quail Street where the vacation is proposed. The vacation is being pursued at the direction of City Council to ensure that in the future, there will be no street crossing the conservation easement. Public Works has recommended that only the southern 275 feet of Quail Street be vacated. The reasoning behind the limited footage is that the construction and maintenance easement for Lena Gulch extends well south of the Gulch itself. The suggested 275 feet extends north from West 35th Avenue to the southern limit of the maintenance agreement. III. CASE HISTORY The City reviewed this same request as Case No. WZ-93-1. Planning Commission reviewed this request at a public hearing held on April 1, 1993. There were two motions made regarding the proposed vacation. A recommendation of Denial was made for the following reasons: 1. Street vacations are not in the best interest of this City's future and should be avoided; and 2. Public Works Department is not in favor of the vacation; and 3. The reasons listed for this vacation are without merit. Planning Division Staff Report Page 3 Case No. WV-95-1 A condRion was added to the recommendation by separate motion, as follows: Vehicular traffic be prohibited from using the existing Quail Street right-of-way (located at approximately 11200 West 35th Avenue), except vehicles necessary to maintain Lena Gulch improvements and further, that the right-of-way be utilized instead for pedestrian traffic and utility maintenance. City Council reviewed this request at a public hearing held on May 24, 1993. A recommendation of Approval was made for the following reasons: 1. There should be no further development on the adjacent property; and 2. No other properties will be land locked. With the following conditions: 1. The entire 500 feet be vacated; 2. A utility easement be reserved over the entire 25 feet; and 3. A cul-de-sac bulb be built on Quail Street on the north side of Lena Gulch. Mayor Winger vetoed the ordinance therefore, the right-of-way is still in place. IV. AGENCY REFERRALS Wheat Ridge Fire District has no objections to the vacation since there will be no additional development on the Williams property. They are requesting turnarounds at both dead ends. Public Works is not in favor of the vacation. I} it is approved, they suggest it be limited to the southerly 275 feet of Quail Street so that access to Lena Gulch for maintenance purposes and that a pedestrian easement be reserved over it. Consolidated Mutual Water has an eight-inch water main dead-ending at both ends. They are requesting an easement for future water I'me looping. Publ-m Service has lines no within the right-of-way but would like to maintain an easement. The Parks and Recreation Commission is not requesting Lena Gulch access at this location. Jefferson County School District Property Management Division, would not object to the vacation as long as an easement for pedestrian access is maintained. V. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on January 19, 1995. A recommendation of Denial was made for the following reasons: 1. It is uncertain if a street would be needed in that area in the tuture; 2. It is uncertain whether a pedestrian path would be needed at that location; 3. It is uncertain what the future land use might be of adjoining properties; and 4. It is uncertain to whom the land would revert if vacated. VI. STAFF CONCLUSIONS Planning Division Staff Report Page 4 Case No. WV-95-1 In regard to the proposed vacation, Staff has the reached following conclusions: 1. Aside from land recently rezoned on the north side, it is unlikely that land on either side of the existing Quail Stree4 right-of-way will ever develop, however, there are 18-20 acres of undeveloped property, zoned R-1, to the immediate southwest that may be subdivided for development in the future, and which may need the additional street access to West 38th Avenue. 2. No properties will be landlocked as a result of the vacation. 3. The northern 225 feet is encumbered by an access and maintenance easement for Lena Gulch. 4. There are existing utility lines within the right-of-way. 5. There is an existing cul-de-sac bulb on the south side of the Gulch at West 35th Avenue extended. 6. A turnaround on the north side of the Gulch will be built when the five-unit small lot, single family project is developed. 7. Prospect Valley Elementary School could, and should be served by a pedestrian access for school children in the area north of Lena Gulch. We recommend maintenance of a pedestrian access easement and construction of a sidewalk and pedestrian bridge across Lena Gulch for this purpose. If City Council chooses to recommend approval of the vacation, Staff would recommend the following conditions: 1. Only the southern 275 feet be vacated. 2. A utility and pedestrian access easement be reserved over the entire 25 feet. VII. RECOMMENDED MOTIONS OPTION A: °`I move that Council Bill No. . a request for approval of a right-of-way vacation for an unused portion of Quail Street at approximately 11200 West 35th Avenue be Denied for the following reasons: 1. At a minimum, even if a street is not constructed, a pedestrian link, utility easements and Lena Gulch maintenance access will continue to be needed in the public interest. 2. There are 18-20 acres of undeveloped land, zoned for residential development immediately southwest of this street. That potential future development may require access to West 38th Avenue. It would be poor public policy to disregard that potential. OPTION B: "I move that Council Bill No. . a request for approval of a right-of-way vacation for an unused portion of Quail Street at approximately 11200 West 35th Avenue be Approved for the following reasons: 1. No properties would be landlocked as a result of the vacation. 2. A conservation easement encumbers the majority of property on both sides. With the following conditions: 1. Only the southern 275 feet be vacated. 2. A utility, government access and maintenance easement and a pedestrian easement be reserved over the entire 25 feet." Planning Division Staff Report Page 5 Case No. WV-95-1 OPTION C: "I move that Council Bill No. . a request for approval of a right-of-way vacation for an unused portion of Quail Street at approximately 11200 West 35th Avenue be Approved for the following reasons: 1. 2. 3. With the following conditions: 1. 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O ]s rn• a Av w ..r r• ® ' ~ ®' YewuP[r[ [ r.Y v [o o • wrn S R[sw[ B R O K S I O E S 9. m[ T® '® E o[r[LOe~ O ~ EYL • m. ~ ® _ [ • ~ m' VALLEY ®' -_ ® ® ® ® APR Ewaoo N.. 1.-[ n IL O m: .® o F O. ea a i ~ ® n R IL u.R - ~ L y[L Y+ a . as PART OF S s=BROOK IDE ne r m KNOLLS rn i ® zn• or _,rr ,c na p a-w o-[ ®,Y ®, ~®ro _ _ ~ e j _ -6R KSIOE N-P Y $ _ ® 12 rL Fl6 w0 ®~ Y • ® [ ~ 4 1 $ •® ~ APPLE i A . -_ ° ~ ® 011 )OK 0 E O HILLS ' Y ~~ • EFFERT E ®[ on«n O .~ .Nr ® ° = r ® oi: • MAJOR 8NO](SIOE 8 s ` ] Qs g ® ]e a • SUB. Ue - ® Q .®[ [ 1 ° ` 3 [ _ ~ G a a~ •~, O .3®' [ - ~ ' YAnaa aRROOlcsloE ~ ®x f (off- ' . ESTAT[5 J 1 INTRODUCED BY COUNCIL MEMBER EDWARDS / ~1j1/V Council Bill No. 7 ORDINANCE NO. 1007 (,0~g ~~~~7 Series of 1995 ~~-s~ TITLE: AN ORDINANCE VACATING A PORTION OF QUAIL STREET (CASE NO. WV-95-1) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ADDRESSED AS APPROXIMATELY 11200 WEST 35TH AVENUE. WHEREAS, right-of-way was previously dedicated for Quail Street described as the south 490 feet of the tract of land described in the official records of said County and State at Book 2240, Page 846; and WHEREAS, said part of said Quail Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion of said street is not needed by the City for roadway or right-of-way purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The following portion of Quail Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated to wit: A parcel of land lying in the Northwest 1/4 of Section 28, Township 3 south, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as the south 490 feet of the tract of land described in the official records of said Courity and State at Book 2240 Page 846, reserving to the City of Wheat Ridge, Colorado, an easement across the property for the purposes of maintenance and maintenance access including ingress and egress associated with the drainage channel known as Lena Gulch. Section 2. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2-302 to the adjacent property owners of record. More specifically, the land described above shall revert to the owner of property addressed as 11100 VI(est 38th Avenue. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. ~~ Ordinance No. 1007 Page 2 Case No. WV-95-1 Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances.. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 27th day of February , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 10 , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 4 to 3 ,this 10th day of April , 1995. SIGNED by the Mayor on this _ day of , 1995.. VETOED BY THE MAYOR ON APRIL 11, 1995. April 24, 1995 Motion to override the Mayor's Veto failed 4-4. (This needed a 6 vote majority to pass.) Council member Vance Edwards moved that a public hearing date be set for the reconsideration of Council Bill 7 for August 14, 1995, at 7:00 p.m. at the Wheat Ridge City Council Chambers. Motion carried 6-1 for PUBLIC HEARING. READ, ADOPTED AND ORDERED PUBLISHED as Ordinance 1007 at a public hearing by a vote of 6 to 1 on this 14 day of August 1995. Presented to the Mayor for signature on August 15, 1995. Mayor refused to sign or veto. According to Section 5.14(d) of the Charter, if the mayor does not return the ordinance with his veto to the council within the time specified, it shall take effect as if he had approved it. DAN WILDE, MAYOR Wanda Sang, City Clerk . .. Ordinance No. 1007 Page 3 Case No. WV-95-1 APPROVED AS TO FORM BY CRY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: March 9, 1995 2nd Publication: 3rd Publication: August 3, 1995 4th Publication: August 31, 1995 Jefferson Sentinel Effective Date: September 15, 1995 c:~wp60~ord~wv951.ord clTx oa WHEAT aaDCiE MEMOxAnmm~t TOs City Counc FROMs Dan W de, Mayor SIISJt VETO 08 ORDINANCE 996 DATE: April 11, 1995 Pursuant to Section 5.14 (b) of the City Charter, I veto Ordinance 996 and this letter is your official notification. On April 10, 1995, the Council on a 4 to 3 decision passed Ordinance 996 vacating a portion of Quail Street addressed as~ approximately 11200 West 35th Avenue. The Planning Commission heard this case on January 19, 1995, and recommended denial based on four questions. There is no way to predict the need for this right of way as a future roadway but the possibility should not be discounted. If vacated and the need were to become reality, the City would then be required to negotiate and probably have to pay for this right of way which it now owns. Condemnation might even come into play. More importantly, it gives the City access to maintenance of a section of Lena Gulch. DW:ly Att. Ord. 996 M4.11 ,I ~ Fi !~~a ,~.~,. C~L:C.~L/ ~'~~'~:7 ,.~~~/~ll~~~~,er~~.~j«j /.?E..r-~.~..~crn. mot; `. ~J) .C-d-.G~Tv~cz.L. G ~.~i ~~ 7'' ~ / 1 // ~%~-~ ~/,/~/ /G~~.cc-~~tiw~~-~~ c ~~f~~;~l~'~'-E'EN ~~:~-z ~~ir /mil-(C L, ~~ S~~.C'G~-~ ~C_~ L- r~G~ S-u~~'"G".1G~"-~~~i 1 ~GY !G 7Z. C".:Cl.t ~,/'""~- yi ~~ ~-G'l:C ~~JY-G 2...i ./`-~v ~.. T~ i `•~~,~•~L C'~,.~ ~~ Cyr ~~ ~Ol~~.~ ~' ~~~~~ ~~ ,LLy r~~7'-~-`C~r'L C ~ . ~ < i'-=~`,G . L ~ c. ~. _ .-l ~~ , L~~y(f ~~c_.r ~ y., _ ~ ~.., i ~' ~~ ~V~. ~.x~/~~" ~ ~.ba~v~~ s~~~~~~ ~~~~~~ ~ r~~h ~~ hd{~n~~R. My Commissfon Expir Jun217,1986 ~ vi1T 6F'cTrf~~'~r~ r