HomeMy WebLinkAboutWV-95-3w
The City of ADMINISTRATIVE PROCESS APPLICATION
~1Vheat
Rid a Department of .Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6844
f~iDls~ Address ~SOd /~• 29'z'/>''~E Phone 235- ZP"Y~' -
Applicant G/Ty 0%l.~l~ - -- "
`~ Phone `~
Owner G/`lyl OF GU1~+9112~~J~Address
Location of request ""~'O ~fc~C~ MlLL~- S
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
8 Preliminary
Final
[] ** See attached procedural guide
for specific requirements.
Detailed .Description of-request
Onn-~r~nl m~ .LULL-L~12 j'T
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation o£ code-.
Zone line modification
.Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/ _
mineral extraction permit
Other
Sr/~
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, 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 knowle~e 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 sworn
SEAL
ate Received
~_p„ .V. , .v-
3~s day of~uz 19 ,1-'~ _
My commission expires / -.~o - /
Receipt No. Case No. __
'SC~C WEST 29TH AVENUE ~ - ThB Cify Of
P,C. BOX 638 (~~~
WHEAT RIDGE. CO 80G34-C638 - _ _ - 13031 234-59C0 - V V heat
City Admin. Fax? <'34-5924 Police Dept. Fax ~ 235-2949 Ridge
March 23, 1995
This is to inform you that Case No. VJV-95-3 which is a
request fOT z-~ rnv 1 of a ri ah{- of wa~~'-""" "" ~"'~ "' """GPI - -
portion of Miller Street running between W 41st Avenue and West
39th Avenue extended
for property located at ~~trn ima+al~ An^^ *"'~'^'" f`n„r+
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 ~nri1 h 1995 -
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
D~anninq C'nmmiaaion
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'
...
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.
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LSS 9 hh L`I 6 d ,
CITY OF WHEA STAFF REPO NG DIVY5ION
TO: Plaaniag Commission
DATE OF MEETING: April 6, 1995 DATE PREPARED: March 31, 1995
CASE NO. & NAME: WV-95-3 CASE MANAGER:~eredith Reckert
ACTION REQUESTED: Approval of a right-of-way vacation
LOCATION OF REQUEST: Approximately 4000 Miller Court
NAME & ADDRESS OF APPLICANT: City of Wheat Ridge/St. Ives Realty
NAME & ADDRESS OF OWNER: City of Wheat Ridge
APPROXIMATE AREA: .55 acres
PRESENT ZONING: Planned Residential Development
PRESENT LAND USE: Vacant
SURROUNDING ZONING: N_, S~ E, & W. Develop entidential
SURROUNDING LAND IISE: E' Vaaandevego~edVacant, single~familyly~
COMPREHENSIVE PLAN: Low density/multiple use/bikepath
DATE PUBLISHED: March 23, 1
DAIS POSTED: March 23, 1995
DATB LEGAL NOTICSS SENT: March 23, 1995
AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) ATTACHED (XXD NONE
ENTER INTO RECORD:
(XX) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoaiag Ordinance ( ) Slides
( ) Subdivisioa Regulations (XX) Exhibits
( ) Other
JfJR2 SD ICTION
The property is within the city of Wheat Ridge, and all
aotification aad postiag requirements have bees met, therefore
there is jurisdiction to hear this case.
PLANNING CbMDS2SS20N STAFF REPORT
CASE NO. WV-95-3 Page 2
I. REQUEST
This is a request for approval of a right-of-way vacation
for an unused portion of-Miller Street between W. 41st
Avenue (southern piece) and W. 39th Avenue--extended,
II. DESCRIPTION
The majority of the R-O-W (the approximately northern 800.
feet) crosses the property zoned Planned Residential
Development subject to review as Case No. WZ-95-5 (St. Ives
project). When zoning-approval was received for this
project, it .was indicated that Miller Street would be
vacated upon final development plan and plat approval.
The southern 150' of Miller Street was dedicated as part of
the rezoning approval for the Jefferson County Housing
Authority project known as Orchard Valley. It was thought
at that time that there might be the future connection-of
Miller Street to 38th Avenue. Staff no longer feels the
need for this link.
222. COMPREHENSIVE PLAN
The Comprehensive Plan currently designates Miller Street as
a bikeway. With the approval of the St. Ives project, it
was generally considered that the bikeway route would be
shifted west to Miller Court. Typically, when a street is
designated as a bikeway, the adjacent sidewalk is required
to be 8' wide. There is currently 4' wide walk adjacent to
the Orchard Valley frontage on Miller Court with existing
curb and gutter extending north in front of the Hiutt
property to W. 41st Avenue. Public Works has requested that
a 5' sidewalk be built with the St. Ives project.
As such, to allow for adequate room for bikeway traffic,
staff recommends that Miller Court be posted as "no parking"
on the east side.
There are no utilities within the Miller Street right-of-
way. No properties would be landlocked as a result of the
vacation.
IV. STAFF CONCLUSIONS &
Staff has concluded that because of recent zoning action on
adjacent properties, the designation of bikeway has been
'shifted' from Miller Street west to Miller Court. Staff
further concludes that there are no utilities in Miller
Street and that no properties would be landlocked as a
•
C,
PLANNING COMMISSION STAFF REPORT
CASE NO. 4PV-95-3 Page 3
result of the vacation. For these reasons, a recommendation
of APPROVAL is given for Case No. WV-95-3 with the condition
that to accommodate bike traffic that Miller Court be posted
"no parking" on the east side.
V. RECOMMENDED MOTIONS
OPTION A: "I move that Case No. WV-95-3, a request for
approval of a right-of-way vacation of an unused portion-of
Miller Street between W. 41st Avenue and W. 39th Avenue
extended, be APPROVED for the following reasons:
1. The designation of bikeway has been shifted from Miller
Street west to Miller Court.
2. There are no utilities in Miller Street.
3. No properties would be landlocked as a result. of the
vacation."
OPTION B: "i move that Case No. WV-95-3, a request for
approval of a right-of-way vacation of an unused portion of
Miller Street between W. 41st Avenue and W.. 39th Avenue
extended, be DENIED for the following reasons:
1.
2.
3. "
Planning Commission Minutes Page 9
April 6, 1995
Chairperson ECKHARDT clarified the motion.
Commissioner RASPLICKA seconded the motion.- Motion carried 7-0.
Subdivision Plat
Commissioner LANGDON moved that Case No. WZ-95-5, a request for
approval of the Final Subdivision Plat for property located at
10241 West 38th Avenue and 3975 Miller Court, be Approved for the
following reason:
1. All requirements of the Subdivision Regulations have been
met.
Commissioner OWENS seconded the motion. Motion carried 7-0.
3. Case No. WV-95-3• An application by St. Ives Realty
for approval of a right-of-way vacation for an unused
portion of Miller Street running between West 41st
Avenue and West 39th Avenue extended. Said right-of-
way is 794.63 feet long and was dedicated pursuant to
deeds recorded in Book 1217 at Page 195 and 196 and a
C. deed recorded in Book 893 at Page 216 of the Jefferson
County Recorder's office.
Mr. Gidley presented the staff report.
Chairperson ECKHARDT asked if the Jefferson County Housing
Authority had commented on this proposed vacation.
Mr. Gidley stated the Housing Authority had not responded,
however they were made aware of the proposal.
Chairperson~CKHARDT asked if the Housing Authority dedicated the
right-of-way originally.
Mr. Gidley answered yes, and they did not agree with the required
dedication. He assumes they have no ,objection to the vacation.- .
No one signed the roster to speak on this item.
Commissioner LANGDON stated he was normally opposed to the
vacation of right-of-way. However, in this instance, he thought
it was a good idea, since it would be nearly impossible to build
the street and continue with the proposed project. He asked if
the vacation would continue to 41st Avenue.
Mr. Gidley answered yes, to the southernmost 41st Avenue.
_ Planning Commission Minutes Page 10.
April 6, 1995
Chairperson ECKHARDT 'stated that Commission had approved the
'vacation of a portion of this right-of-way with the approval of
the plat.
Commissioner OWENS moved that Case No. WV-95-3, a request for
approval of a right-of-way vacation of an unused portion of
Miller Street between West 41st Avenue and West 39th Avenue
extended, be Approved for the following reasons:
1. The designation of bikeway has been shifted from Miller
Street west to Miller Court.
2. There are no utilities in Miller Street.
3. No properties would be landlocked as a result of the
vacation..
Commissioner WILLIAMS seconded the motion. Motion carried 7-0.
8. CLOSE THE PIIBLIC SEARING
At this time a short recess was called.. Commissioner CERVENY
returned and the meeting reconvened at 9:20 p.m. Mr. Gidley
introduced Sean McCartney to Commission. Sean is an planner,
most recently from California, and replaces Greg Moberg, who left
in March.
9. OLD BIISINESS
10. NEW BIISINESS
11. DISCIISSION AND DECISION ITEMS
12. COMMITTEE AND DEPARTMENT REPORTS
A. Review Preliminary Joint Arvada/Wheat Ridge Plan for
Ridge Center Area
Mr. Gidley brought Commission-up-to-date on a joint project with
the City Arvada. At this time Arvada is negotiating with Red
Rocks Community College regarding the location of a campus on the
Ridge Center project. He reiterated the plan is conceptual at
this time and numerous options were pointed out.
Discussion followed.
13. ' ADJOIIRNMENT
• i
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE N0: WV-95-3 LOCATION: 10241 West 38th Avenue
3975 Miller Court
APPLICANT(S) NAME: St.'Ives Realty
OWNER(S) NAME: Raymond Michael Easley/J. &_Helen Huitt
REQUEST: Right-of-way vacation for an unused portion of Miller Street
sunning between West 41st Avenue and West 39th Avenue
extended
APPROXIMATE AREA: 21.7 acres
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 and conclusions
reached, it was moved by Commissioner OWENS, seconded by Commissioner
WILLIAMS, that Case No. WV-95-3, an application by St. Ives Realty fox
a xight-of-way vacation of an unused portion of Miller Street between
West 41st Avenue and west 39th Avenue extended, be Approved for the
following reasons:
1. The designation of bikeway has been shifted from Miller Street
west to Miller Court.
2. There are no utilities in Miller Street.
3. No properties would be landlocked as a result of the vacation.
VOTE: YES: Eckhardt, Williams, Owens, Rasplicka,
'~ Langdon, Crump ton and Johnson
NO: None.
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 7-0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 6th day of April, 1995.
i
,
,~ .,
B b Eckhardt, Chairperson Sa xa Wigglns, 5 tary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNIN COMMISSION
b:\wv953.res
YI ~ • •
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge City Council on April 24, 1995 at 7:00
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 petition shall be heard:
1. Case No. WZ-95-3: An application by_Colorado Land
Consultants for General Management Company for an amendment
to the Planned Commercial Development final development plan
with variances for Applewood Shopping Center located at 3600
Youngfield Street. Said property is legally described as
follows:
PARCEL 1
A PORTION OF THE_EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF
SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M_,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 654.32 FEET NORTH OF
THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29,
AND 60.00 FEET EAST OF THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE N 00°51.8''W
PARALLEL TO-THE WEST LINE OF .THE EAST ONE-HALF OF THE NORTHWEST
ONE--QUARTER OF SAID SECTION 29, A DISTANCE OF 667.82 FEET TO THE
SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 29, THEN N 89°28.1' E ALONG THE SOUTH
LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION 29, A DISTANCE OF 150.00 FEET, THENCE N 00°51.8' _ --
WEST PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 200.00
FEET; THENCE S 89°28.1' W PARALLEL TO THE SOUTH LINE OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29, A DISTANCE OF 150.00 FEET; THENCE N 00°51.8' W
PARALLEL TO THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 135..19 FEET TO A
POINT OF CURVATURE; THENCE ON A CURVE TO THE RIGHT WHOSE RADIUS.
IS 182.00 FEET AND WHOSE CHORD BEARS N 37°51.1' E, A DISTANCE OF
227.66 FEET TO A POINT OF TANGENCY; THENCE N 76°34.0' E ALONG THE
SOUTHERLY LINE OF WEST 38TH AVENUE, A DISTANCE OF 701.69 FEET. TO
THE NORTHWEST CORNER OF RIDGEVIEW ACRES THIRD FILING, A PLATTED
SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY COLORADO;
THENCE S 00°43.5' E ALONG THE WEST LINE OF SAID RIDGEVIEW ACRES
THIRD FILING, A DISTANCE OF 670.33-FEET TO THE. SOUTH LINE OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29; THENCE S 89°28.1' W ALONG THE SOUTH LINE OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29, A DISTANCE_OF 0.67 FEET TO A POINT WHICH IS 885.00
FEET,EAST OF THE WEST LINE OF THE EAST ONE-HALF GF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 29; THENCE S 00°51.8' E PARALLEL TO
THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER
OF SAID SECTION 29, A DISTANCE OF 1162.99 FEET TO A POINT 160.00
FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29; THENCE S 89°31.7' W PARALLEL TO THE SOUTH LINE OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 29, A DISTANCE OF 192.34
FEET; THENCE 800°51.8' E PARALLEL TO THE WEST LINE OF THE EAST
ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A
DISTANCE OF 130_00 FEET; THENCE S 89°31.7' W PARALLEL TO THE
SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A
DISTANCE OF 342.66 FEET TO A POINT 350.00 'FEET EAST OF THE WEST
LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29; THENCE N 00°51.8' W PARALLEL TO THE_WEST LINE OF THE
EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, A
DISTANCE OF 600.00 FEET; THENCE S 89°31.7' W PARALLEL TO THE
SOUTH-LINE OF'THE NORTHWEST ONE-QUARTER O.F SAID SECTION 29, A
DISTANCE OF 150-, 00 FEET; THENCE N 00°51.8' W PARALLEL TO THE WEST
LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 29, A DISTANCE OF 24.32 FEET; THENCE S 89°31.7' W
PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF
SECTION 29, A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF
BEGINNING,--CONTAINING AN AREA 29.969 ACRES MORE OR LESS.
2. Case No. WZ-95-5: An application by St. Ives Realty for
approval of a subdivision plat for-properties zoned Planned
Residential Development and Residential-Two located at 10241
West 38th Avenue and 3975 Miller Court. Said property is
legally described as follows:
A part of the south 1/2 of the SE1/4 of Section 21, Township
3 South, Range 69 West of the 6th Principal Meridian, City
of Wheat Ridge, County of Jefferson, State of Colorado,
described as follows: .
Beginning at a point on the south line of said SE1/4 hence
the SE corner of said Section 21 lies N 89°12'43" E 781.62
feet; Thence along said south line S 89°12'43" W 539.38.
feet; Thence leaving said south line N 00°11'48" W 569.42
feet; Thence S 89°24'00" W 249.01 feet; N 00°11'48" W 730.02
feet; Thence N89°24'00" E 249.01 feet; Thence N 00°11'48_" W
20.00 feet to the north line of said 81/2 of the SE1/4;
Thence along said north line N 89°24'00" E 661.79 feet to
the east line of said SE1/4 of Section 21; Thence along said
S 00°08'23" E 1169.29 feet; Thence leaving said east line S
59°25'42" W 137.00 feet; Thence _S O1°59'59" W 80.04. feet to
the Point of Beginning containing 1,039,788.59 sq. ft.
(23.870 acres), more or less.
This case also involves a request for approval of a final
development plan for property zoned Planned Residential
Development located at 10241 West 38th. Avenue. .Said property is
legally described as follows:
A part of the south 1/2 of the SE 1/4 of Section 21,
Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, County of Jefferson, State of
Colorado, described as follows:
Beginning at a point on the south line of said SE1/4 thence
t
the SE corner Section 21 lies N 89°12'43" E 781.62 feet;
Thence along said south line S 89°12'43" W 539.38 feet;
Thence leaving said south line N 00°11'48" W 794.63 feet;
Thence S 89°24'00" W 249.01 feet; Thence N 00°11'48" W
504.82 feet; Thence N 89°24'00" E 249.01 feet; Thence N
00°11'48" W 20.00 feet to the north line of said south 1/2
of the SE1/4, Section 21; Thence along said north line N
89°24'00" E 661.79 feet; Thence leaving said north line S
00°08'23" E 1169.29 feet; Thence S 59°25'42" West 137.00
feet; Thence S O1°59'59" W 80.04 feet to the Point of
Beginning, containing 22.583 acres, more or less.
3. Case No. WV-9S-3:` An application by St. Ives Realty for
approval of a right-of-way vacation for an unused .portion of
Miller Street running between West 41st Avenue and West 39th
Avenue extended. Said right-of-way is 794.63 feet long and
was dedicated pursuant to deeds recorded in Book 1217 at
Page 195 and 196 and a deed recorded in Book 893 at Page 216
of the Jefferson County Recorder's office.
4. Case No. CIIP-95-1: An application by the City of Wheat
Ridge for approval of a conditional use permit to allow the
expansion of_the Wheat Ridge Municipal Building located at
7500 West 29th Avenue. Said property is legally described
as follows:
Lot 1, Block 3 of Barth Subdivision, City of Wheat Ridge,
County of Jefferson, State of Colorado.
Sandra Wiggins, Secret
ATTEST:
Wanda Sang, City Clerk
To be Published: April 6, 1995
Jefferson Sentinel
b:\42495.phn
,,;_ ~ • • FN1HEgT J
P`O, 66Xn33 .` ^.__`._= The L~ty oa ~-i0 ~p~
11'HEgT RIDGE. CO 8003=-C633 X3031 23-t~59CC cwheat U ~"
4a^, ^ F=~= 23-.592- °a. ce Dao;, Faa a 235 29=P Ridge
May 12, 1995
Mr. David Dertina
St. Ives Real Estate
200 Union, Suite 4,30
Lakewood, Colorado 80228
Re: St. Ives Realty:
Dear Mr. Dertina:
vV (~ ~` v~
Cambridge Park Development
At Your request, this letter is written to describe the procedure
which the City is undertaking to vacate a portion of Miller Street,
between 41st Avenue and 8th Avenue as it passes through the
referenced development.
As you know, the final development plan and plat for the
development was approved by the Wheat Ridge City Council on Monday,
May 8, 1995. The plat itself shows development occurring on that
portion of the Miller Street right-of-way which is being vacated,
and also provides for the dedication for public rights-of-way to
serve the development.
Council Bill 17, an ordinance vacating the referenced portion of
Miller Street, was adopted by unanimous vote on first reading by
the City Council at its May 8, 1995, meeting. It is scheduled for
public hearing and second and final reading on Monday, June 26,
1995.
The primary consideration before the City Council in vacating a
public street is whether the street is no longer needed for public
purposes. In this case, there is ample support for the vacation,
since other access to the area is provided by dedication on the
approved final plat of the development. The City Council's action
in approving the final plat, while separate from the procedure for
vacation of the Miller Street right-of-way, is certainly indicative
of the view of the Council that alternative access to the area is
adequately provided by the streets dedicated on the final plat.
While the City Council's final action on second reading of the
vacation ordinance will not take place until June 26, 1995, for the
reasons described above, I fully anticipate that the Council will
approve the vacation ordinance at that time.
~, ~„. ,,~„~r„~,,.
.r-- .i • •
If this letter raises questions
describing the vacation process,
me.
Sincerely,
GT ~,.c
Robert C. Middaug
City Administrato
or you require additional detail
please do not hesitate to contact
cc: James Dunlap via fax (987-2379)
°`The Carnation Cite"
500 WEST 29TH AVENUE ~ •
P.O. BOx s3a The City of
WHEAT RIDGE. CO 9C03~-Cc33 - - ;3C3; 234-590C cwheat
City Agmin. F2x a 234-592 Fohce Degt. Fax? 235-2949 Ridge
May 26, 1995
This is to inform you that Case No. y.7U_95_3 which is a
request fOT a.~lnrnval of a right-nf c a~ vanatinn fn r]_ I
portion of Miller Street running between W 41st Avenue and west
39th AvennP x nded
for property located at annroxima 1v 4000 M;11 r o~rt
will be heard by
the Wheat Ridge r;tv ('o in ;1 in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. ,
on Jun . 1 1 95
All owners and/or their legal counsel of 'the parcel under
consideration must be present at this hearing before the
C'; fv C:onnc~i l
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
parsons 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
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: June 12, 1995 DATE PREPARED__:,,~~May 31, 1995
CASE NO. & NAME: WV-95-3 CASE MANAGER:`1`Meredith Reckert
ACTION REQUESTED: Approval of a right-of-way vacation
LOCATION OF REQUEST: Approximately 4000 Miller Court
NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge/St. Ives Realty
NAME & ADDRESS OF OWNER(S): City of Wheat Ridge
APPROXIMATE AREA: .55 acres
PRESENT ZONING: Planned Residential Development
PRESENT LAND USE: Vacant
SURROUNDING ZONING: N S E, & W: Planned Residential Development
SURROUNDING LAND USE: N: Undeveloped R-O-W; S: Multi-family; E:, & W: Vacant, single-family
COMPREHENSIVE PLAN FOR THE AREA: Low density/multiple use/bikepath
DATE PUBLISHED: May 11, 1995
DATE POSTED: May 26, 1995
DATED LEGAL NOTICES SENT: May 26, 1995 ""
AGENCY CHECKLIST: (XX) () NOT REQUIRED
RELATED CORRESPONDENCE: () (XX) NONE
ENTER INTO RECORD:
( XX) COMPREHENSIVE PLAN
( XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
O OTHER
(XX) CASE FILE & PACKET MATERIALS
( }SLIDES
( XX) EXHIBITS
JURISDICTION: `~ ~~ ,~y ~~~~
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.
Planning Division Report Page 2
Case No. WV-95-3
REQUEST
This is a request for approval of a right-of-way vacation for an unused portion of Miller Street between W.
41st Avenue (southern piece) and W. 39th Avenue extended.
It.
The majority of the R-O-W (the approximately northern 800 feet) crosses the property zoned Planned
Residential Development for which a, final development plan and plat was approved as Case No. WZ-95-5
(St. Ives project). When zoning approval was received for this project, it was indicated that Miller Street
would be vacated upon final development plan and plat approval. There are no utilities within the Miller
Street right-of-way. No properties would be landlocked as a result of the vacation.
The southern 150 feet of Miller Street was dedicated as part of the rezoning approval for the Jefferson
County Housing Authority project known as Orchard Valley. It was thought at that time that there might
be the future connection of Miller Street to 38th Avenue.
III. PLANNING COMMISSION ACTION _ _
Planning Commission reviewed this case at a public hearing held on April 6, 7995. A recommendation of
approval was given for the following reasons:
1. The designation of bikeway has been shifted from Miller Street west to Miller Court.
2. There are no utilities in Miller Street.
3. No properties would be landlocked as a result of the vacation.
N. STAFF CONCLUSIONS & RECOMMENDATION
.Staff has concluded that because of recent zoning action on adjacent properties, the designation of
bikeway has been 'shifted' from Miller Street west 4o Miller Court. Staff further concludes that there are
no utilities in Miller Street and that no properties would be landlocked as a result of the vacation. For
these reasons, a recommendation of APPROVAL is given for Case No. WV-95-3 with the condition that to
accommodate bike trartfic that Miller Court be posted "no parking" on the east side.
One of the applicants in this case (St. Ives Realty} has requested that this ordinance become effective
immediately for closure of the sale of the property to occur. As such, this needs to be added as a
condition of the approval.
V. RECOMMENDED MOTIONS
OPTION A: "1 move that Council Bill No. , a request for approval of a right-of-way vacation of an
unused portion of Miller Street between W. 41st Avenue and W. 39th Avenue extended, be APPROVED for
the following reasons:
The designation of bikeway has been shifted from Miller Street west to Miller Court.
2. There are no utilities in Miller Street.
_ r
Planning Division Report Page 3
Case No. Y7V-95-3
3. No properties would be landlocked as a result of the vacation.
With the following condition:
1. The east side of Miller Street be signed "NO PARKING".
2. This ordinance become effective upon passage."
OPTION B: "I move that Council Bill No. . a request for approval of a right-of-way' vacation of an
unused portion of Miller Street between W. 41st Avenue and W. 39th Avenue extended, be DENIED for the
following reasons:
Y.
z.
3. "
b:~wv95. sr
RECEPTION NO. FO01 72 5.00 G: 0001-001
742 RECORDED I<~FFERSON COUNTY, COLORADO 1/30/95 11:45
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ZONING Mf~P
Wt-E~~cT RIDGE
GOLOR~DO
MhP hDOPTED: June I5, (994
Las+ Reiision: December 71, 1994
® hREh RECIUIRIN6 SITE PLhN hPPROVhL
~ =i 100-YEhR FLOOD PL41N
~~__~ fhPPROwMhTE LochTlow
ZONE DISTRICT BOUNDRY
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mE51GNhTES OWNERSHIP)
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RECEPTION NO. F0010772 5.00 PG: 0001-002
742 RECORDED IN JEFFERSON COUNTY, COLORADO 1/30/95 11:45
/V/
~~
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GOLOR~DO
MAP ADOPTED .Lnc I5, 1994
Laet Revisim: Deumbri 22 1994
® hREA REQUIRING SITE PLAN APPROVAL
~- :i I00-YEAR ROOD PLAIN
~__; (APPROxIMATE LochTlow
ZONE DISTRICT BOUNDRY
PARGEL/LOT BCUNDRY
mESIGNhTES OWNERSHIP)
-~-~-~- WA7'i=R FEATLh23=
DENOTES MULTIPLE ADDRFSS>=5
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PUBLIC HEARING SPEAKERS' LIST
CASE NO: WV-95-3: DATE: April 6, 1995
REQUEST: An application by St. Ives Realty for approval of a right-of-way vacation for an
unused portion of Miller Street running between West 41st Avenue and West 39th Avenue
extended. Said right-of-way is 794.63 feet long and was dedicated pursuant to deeds
recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of
the Jefferson County Recorder's office.
eC~
fit. Ivey
Exclusive
Residential Real Estate
200 Union 13oufevard
suite 430
Lakewood, Caforado 80228
TEL. (303) 986-9499
FiiX (3031 932-7742
®,
May 1 I, 1995
Wheat Ridge City Council
Wheat Ridge, Colorado 80033
Dear City Council Members:
RE: May 8, 1995 City Council Hearing, (Case No. WV-95-3), regarding the
vacation of Miller Street from 38th Avenue to 41st Avenue.
On May 8th, the Wheat Ridge City Council approved our Final Plat and Final
Development Plan for Cambridge Park. Running through our property, is an
extension of Miller Street that was dedicated to the city some time ago and no
longer to be required with the approval of our development.
The first reading for the vacation of this street was heard by you also on the
May 8th, City Council Hearing and it was proposed that the second reading be
delayed to June 26th, due to a new ordinance to take effect by then. However,
we have found out that the new ordinance doesn't really make any real
difference for our situation and we humbly request that you reschedule the
second reading for the vacation of this street for the June 12, 1995 City
Council Hearing. We were of the opinion that this would all be taken care of
by May 22nd, and we could then record our plat.
Not having this Miller Street vacation is creating a extreme hardship for us as
we can not record our plat until this matter is taken care of first. This situation
prevents us now from moving ahead with our development of the property and
will create a severe economic set back for us.
This is an EMERGENCY! We would be very thankfial if you would take-up
this case on May 22nd, so the 15 day Public Notice is made in time for a
second hearing by June 12th.
Your consideration of this request would be very much appreciated.
Sine ely,
David Dertina
~~~
CITY COUNCII, MINUTES: June 12, 1995 Page -4-
Item 3. Application by Colorado Land Consultants for General Management Company
for an amendment to the Planned Commercial Development final development
plan with a variance for Applewood Shopping Center located at 3600 Youngfie
Street.
(Case No. WZ-95-3)
(to be rescheduled to June 26, 1995 at 7:00 p.m.)
Motion by Mr. Solano that the rehearing on a final development plan amendment and
variance in an application by Colorado Land Consultants on behalf of General Managemen~
for the Applewood Shopping Center be rescheduled to Monday, June 26, 1995 at 7:00 p.m.
at the Wheat Ridge City Council Chambers; seconded by Mrs. Worth; carried 7-1 with •Mr.
Edwards voting No.
Item 4. Council Bill 17 - An Ordinance vacating a portion of Miller Street between Wes
41st Avenue and West 39th Avenue within the City of Wheat Ridge, County of_
Jefferson, Sta of Colorado.
Council Bill i7 was introduced on second reading by Mrs. Behm; title read by the Clerk;
Ordinance No. 1002 assigned.
Mr. Gidley gave the staff report.
Motion by Mrs. Behm that Council Bill 17, a request for approval of a right-of-way vacation o
an unused portion of Miller Street between West 41st Avenue and West 39th Avenue
extended, be approved for the following reasons:
1. The designation of bikeway has been shifted from Miller Street west to Miller Court.
2. There are no utilities in Miller Street.
3. No properties would be landlocked as a result of the vacation.
With the following conditions:
1. The east side of Miller Court be signed "No Parking".
2. This ordinance becomes effective upon passage; seconded by Mr. Edwards; carried 8-0.
Item 5. Council Bill 19 - An Ordinance amending Chapter 21 of the Wheat Ridge City
Code concerning Streets and Sidewalks.
Council Bill 19 was introduced on second reading by Mr. Edwards; title read by the Clerk;
Ordinance No. 1003 assigned.
Motion. by Mr. Edwards for the adoption of Council Bill 19 (Ordinance 1003); seconded by
Mrs. Worth; carried 8-0.
AGENDA ITEM RECAP
- QUASI-JUDICIAL X _ _ _ _ _
Yes No
_ PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING
INFORMATION ONLY _ PUBLIC :COMMENT RESOLUTIONS
AGENDA ITEM TITLE: Case No. WV-95-3
SUMMARY/RECOMMENDATION: A request for approval of a vacation of an
unused portion of Miller Street right-of-way running between West 41st
Avenue and West 39th Avenue extended. This case is being processed as a
follow-up to the St. Ives final development plan approval (Case No.
WZ-95-5)__ Lf- Case No. WZ-95-5 is approved, there is no need for
the Miller Street right-of-way at this location.
ATTACHMENTS:
1) Council Bill No.
2)
3)
MOTION:
BUDGETED
ITEM --
Yes No
Fund __
Dept/Acct #
Budgeted Amount $
Requested Expend.$
Requires Transfer/
Supp. Appropriation
Yes No
I move that Council Bi11 _.be approved on first reading, ordered published,
public hearing be set for Monday, June 12, 1995, at 7:00 p.m. in City Council
Chambers, Municipal Bldg., and if approved on second reading take effect 15 days
after__final publication.
AGENDA ITEM RECAP
QUASI-JUDICIAL X - _
Yes No
X PUBLIC HEARINGS CITY.ADM. MATTERS ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES CITY ATTY. MATTERS ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS LIQUOR .HEARINGS X ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS
AGENDA ITEM TITLE: Case No. WV-95-3
SUMMARY/RECOMMENDATION: A request for approval of a vacation of an unused
portion of-Miller Street right-of-way running between West 41st Avenue and West
39th Avenue extended. Case No. WZ-95-5 (St. Ives project) was approved which
negates the need for this ROW. A recommendation of Approval is given.
ATTACHMENTS:
1) Staff report
2)
3)
BUDGETED
ITEM
Yes No
Fund __
Dept/Acct #
Budgeted Amount S
Requested Expend:5
Requires Transfer/
Supp. Appropriation
.. ,. Yes No
SUGGESTED MOTION:
I move that Count 1 Bill _, a request for approval of aright-of-way vacation
of an unused portion of Miller Street between West 41st Avenue and West 39th
Avenue extended, be Approved for the following reasons:
1. The designation of bikeway has been shifted from Miller Street west to
Miller Court.
2. There-are no utilities in Miller Street.
3. No properties would be landlocked as a result of the vacation.
With the following conditions:
1. The east side of Miller Street be signed "NO PARKING".
2. This ordinance becomes effective upon passage.
a'~
CITY COUNCIL MINUTES: November 27, 1995 Page -6-
Item 7. Councii Bili 29 - an Ordinance amending Ordinahce 1002, Series of 1995, an
Ordinance vacating a portion of Miller Street between West 41st Avenue and
West 39th Avenue within the City of Wheat Ridge, County of Jefferson, State of
Colorado.
Council Bill 29 was introduced on second reading by Mr. Solano; title read by the Clerk;
Ordinance No. 1011 assigned.,
Motion by Mr. Solano for approval of Councii Bill 29 (Ordinance 1011); seconded by Mr.
Siler; carried 8-0.
Item 8. Council Bill 27 - an ordinance amending the Code of Laws concerning
disorderly premises.
Council Bill 27 was introduced on second reading by Mr. SOlano; title read by the Clerk;
Ordinance No. 1012 assigned.
Mildred Tucker urged Councii to vote against C.B. 27; this ordinance can be interpreted in
different ways by different people; fines could conceivably cause somebody to lose their
home.
Motion by Mr. Solano for the adoption of Council Bill 27 (Ordinance 1012); seconded by Mr.
Siler; failed 2-6 with Mr. Siler and Mr. Solano voting yes.
Motion by Mr. Solano to discuss this at a~Study Session in January; seconded by Mr.
DiTullio; carried 7-1 with Mrs. Dalbec voting no.
Motion by Mr. DiTullio to direct the City Attorney to look at procedures in a way we can
combine current ordinances under one ~.rmbrella to make it easier for Code Enforcement to
write a citation; seconded by Mr. Solar Mrs. Worth asked for a friendly amendment to
have City Affairs Committee study this first before it comes to Study Session. This was not
accepted. Motion carried 5-3 with Counciimembers Siler, Worth, and Shaver voting no. Mr.
Siler agrees with Claudia--this should go to 'City Affairs first.
(~ ~°.
ZNTRODIICED BY COIINCILMEMBER BEHH
Council Bill No. 29
Ordinance No. 1(111
Series of 1995
TITLE: AN ORDINANCE AMENDING ORDINANCE 1002, SERIES OF 1995, AN
ORDINANCE VACATING A PORTION OF MILLER STREET BETWEEN
WHET 41ST AVENIIE AND WEST 39TH AVENIIE WITH IN THE CITY OF
WHEAT RIDGE, COIINTY OF JEFFERSON, STATE OF COLORADO
WHEREAS, by Ordinance No. 1002, Series 1995, adopted on
June 12, 1995 and filed for record with the Jefferson County Clerk
and Recorder on July 14, 1995 at Reception No. F0083603, the City
of Wheat Ridge vacated a portion of Miller Street lying within the
City; and
WHEREAS, the legal description of the vacated portion of
Miller Street contained in said ordinance was in error; and
WHEREAS, said part of said Miller Street lies within the
City of Wheat Ridge, County of Jefferson, State of Colorado; and is
not needed by the City for roadway or right-of-way purposes; and
WHEREAS, no property will be denied access to a public
street by vacation of a portion of Miller Street, as described
herein.
BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1 of .Ordinance No. 1002, Series 1995 is hereby
amended to describe the following portion of Miller Street, a
dedicated street within the City of FTYteat Ridge, County of
Jefferson, State of Colorado,-as vacated, to wit:
A tract of land lying in the SE 1/4 of Section
21, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge,
County of Jefferson, State of Colorado,
described as:
The South 804.67 feet of those parcels of land
described in the official records of the
County of Jefferson, State of Colorado in Book
893 at Page 2.16 and Book 1217 at Pages 195 and
196: Together with the North 449.77 feet of
the parcel of land described in the official
records of the County of Jefferson, State of
Colorado in Book 205 at Page 348 and further
described as:
GED\53027\133155.7
Ordinance No. 1011 Page 2
Case No.
commencing at the Southeast corner of said
SE 1/4 of Section 21, Thence N 88'50'11" W
1321.37 feet to the TRUE POINT OF BEGINNING,
Thence N 11'47" W 449.77 feet, thence continu-
ing N 11'47" W 804.67 feet to the South line
of West 41st Avenue. Thence along said South
line S 89°24'00" W 25 feet, thence
S 0°11'47" E 804.67 feet, thence N 89°24'00" E
18.13 feet, thence S 0'18'14" E 449.78 feet,
thence N 89°12'43" E 6.02 feet to the TRUE __
POINT OF BEGINNING.
NOTE: All bearings are relative to one
another and are based on the bearing of the
South line of the SE 1/4 of said Section 21
being S 89°12'43" W.
Said tract containing 23,016.61 square feet or
0.5284 Acres, more or less.
Also known as a portion of Miller Street,
Wheat Ridge, Colorado, 80033
Section 2. 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 wel-
fare. The City Council further determines that the ordinance bears
a rational relation to the proper legislative object sought to be
attained. _ -_
Section 3. Severability. If any clause, sentence, para-
graph, 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 judgment shall not affect,
impair or invalidate the remainder of this ordinance or its appli-
cation to other persons or circumstances.
Section 4. This ordinance shall take effect fifteen. days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 8 to 0 on this 23id day of October , 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 November 27 , 1995, at 7:00 o'clock p.m., in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
GED\53027133155.1 ____ _ _
. _ ~`~~ ~
Ordinance No. 1011 Page 3
Case No.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of ~_ to _~, this 27th_ day of November ,
1995. -
SIGNED by the Mayor on this 28th day of November ,
1995.
,~,,.-~/,~.ed.~
ll DAN~WILDE, MAYOR
Wanda Sang, City clerk
APPROVED AS TO FORM BY CITY
ATTO
~~
GERALD E. DAHL, CITY ATTORNEY
1st Publication: November 2, 1995
2nd Publication: December ~, 1995
wheat Ridge Sentinel
Effective Date: December 22, 1995
GED\53027\133155.1