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HomeMy WebLinkAboutWV-93-10 ASE NO. WV-93-10 MEi1r10RANDUM EXHIBIT 'A' Approved TO: Meredith Reckert, Planner II FROM: Bob Goebel, Director of Public Works DATE: June 16, 1993 SUBJECT: Fruitdale Patio Homes Subdivision Date After field investigation, I request that the following recommendations be made to Planning Commission. Further verification of the "Nelson Street" right-of-way will be made by the Engineering Division staff. If right-of-way exists, I see no reason for the street's construction. Parfet Street and Miller Street are both north-south through streets and are capable of handling the minimal traffic generated by this development. An additional access to 44th Avenue is not desirable. The construction of "Nelson Street" would place it within 10 feet of a large building (Sportsrama) which is also undesirable and within~100 feet of Newcomb Street south of 44th Avenue. Again, undesirable especially without left turn lanes on 44th Avenue. I suggest that a storm sewer and pedestrian access easement be retained over the west 20 feet of the 40 feet right of way. This corridor could then be used by the developer to construct a storm sewer for the development which could be tied into the existing storm sewer in W. 44th Avenue. The retention ponds shown on the preliminary plat will not be allowed due to perpetual maintenance problems. Groundwater recharge wells work extremely well in the Clear Creek Valley and have been used very successfully by both the City and Private developers. The subsurface gravel (below the top soil) is well graded and free draining material. Recharge wells in the street right-of-way are easily flushed and maintained by our city equipment. The number of wells required in the gutter line would have to be determined by the developer's engineer based on the amount of runoff generated and the infiltration rate of the soil. Another alternative is to design a closed storm sewer system and tieing it into the existing line in 44th Avenue as mentioned earlier. The perimeter of the subdivision can be drained by one of 2 ways or a combination of both. A perimeter gravel border could be placed to allow direct runoff to enter and soak into the subsurface material. This graval border would need to be at sufficient depth to access the gravel subsurface. The other option would be td grade swales along the property boundaries that would direct flow into a closed storm sewer system within the street and out to 44th Avenue. Either of these solutions can be accomplished without creating a stagnant water ponding area which becomes a future maintenance problem. I am confident that any of these choices will work well and should not be cause of concern for the residents surrounding this development. We will ensure that the design and materials used in the right of way are our standard. Owens Street, directly west and adjacent to the development, exists as an unimproved 40 feet right of way. I feel that this short segment of right of way is not necessary. 44th Place is less that 500 feet in length east of Parfet Street and is currently operating as a cul-de-sac. Owens Street may be vacated except for the 40 feet north of 44th Place to allow for an "L" shaped turn around. This would create a legitimate cul-de-sac allowing for the turn-around of a tandem axle "telesquirt" fire truck presently operated by the Arvada Fire Protection District. frtdale.mer ,. ~ ~ R-/C_ W 46TH. PL. -' I i SUB LL ' ~!9 g 0 ' C,ql, ~ W 4\\STHAE V 1 ~ ~- n Y y _ 1 i Q I~ • y N a2 4~ 3 y. o a J ~ SUB ^_ t~L ~ i~~ jW 46 TNTN S I UI NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on July 15, 1993 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: Ca~P No WV-93-5: An.application initiated by the City of Wheat Ridge for approval of a right-o£-way vacation of a portion of Jay Street between West 35th Avenue and Kendall Street. Said property is legally described as follows: A parcel of land in the Northwest 1/4 of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado described as: Commencing at the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 25, said corner being the TRUE POINT OF BEGINNING. Thence S 89047'35" W along the North line of said NW 1/4 SE 1/4 NW 1/4 a distance of 20 feet. Thence S 0020'34"E parallel with and 20 feet West of the east line of said NW 1/4 SE 1/4 NW 1/4 a distance of 142.61 feet, thence N 33053'30" E a distance of 35.55 feet to a point in the East line of said NW 1/4 SE 1/4 NW 1/4 a distance of 113.18 feet to the mRjJE POINT OF BEGINNING. EXCEPT THE NORTH 25 FEET THEREOF. Said parcel being 2050 square feet, more or less. A parcel of land in the Northwest 1/4 of Section 25, Township 3 South. Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado described as: Commencing at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 25, said corner being the TRUE POINT OF BEGINNING. Thence N 89047'35" E along the North line of said NE 1/4 SE 1/4 NW 1/4 a distance o£ 20 feet. Thence S 0°20'34" E parallel with and 20 feet East of the West line of said NE 1/4 SE 1/4 NW 1/4 a distance of 83.74 feet, thence S 33053'30" W a distance of 35.55 feet to a point-on the West line of said NE 1/4 SE 1/4 NW 1/4 a distance of 113.18 feet to the TRUE POINT OF $EGINNING. EXCEPT THE NORTH 25 FEET THEREOF. Said parcel being 1470 square feet, more or less. 2. case No MS-93-1: An_application by Roy T. Littlejohn for approval o£ a two-lot minor subdivision for property located at 3490 Jay Street. Said property is legally described as follows: West 118 feet of Block 4 Highland Gardens, County of Jefferson State of Colorado 3. Case No. WZ-93-6: An application by R & J Associates for approval. of a rezoning from Agricultural-One to Residential- Two for property located at approximately 10800 West 45th Avenue. Said property is legally described as follows: A parcel of land situated in the North 1/2 Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. Said parcel being more particularly described as follows: -- Beginning at the North center 1/16 corner of said Section 21; Thence S33o40'21"W, 177.19 feet to the True Point of Beginning; Thence 887°07'21"E, 202.64 feet; Thence N89°31'15"E, 94.66 feet; Thence 800°18'35"E, 119.50 feet; Thence 889°31'15"W, 296.99 feet; Thence N00°18'35"W, 131.36 feet to the True Point of Beginning. Said parcel containing 0.8423 acres, more or less. 4. Case No. WS-93-1: An application by R ~ J Associates for approval of a combined preliminary and final subdivision plat for property located at approximately 10800 West 45th Avenue. Said property is legally described as follows: Beginning at the North center 1/16 corner of said Section 21, whence the northeast corner of said Section 21 bears N63o03'38"E, 2975.12 feet; Thence N89°31'15"E, on the North line of the North half of the Northeast quarter of said Section 21, 679.01 feet to the Northwest corner of Marlin Subdivision as recorded in Book 15, Page 55; -- Thence 800°16'03"E, on the West boundary line of said Marlin Subdivision, 686.87 feet to the North right-of-way line of west 44th Avenue as recorded in Deed Reception Number 86049891; Thence N89o46'52"W, on said North right-of-way, 190.92 feet to the Southwest corner of that tract of land recorded in Book 1096, Page 73, Reception Number 702068; Thence N00°18'35"W on the Westerly boundary line of said tract, 274.98 feet to the Southwesterly corner of said tract; Thence N89°46'52"W along the Southerly boundary line of said tract, 169.55 feet to a point 20 feet East of the East boundary line of-a tract of land recorded in Book 947, Page 50; Thence 800°18'35"E parallel to the East line of said Tract, _- 274.98 Feet to the North right-of-way line of West 44th Avenue as recorded in Deed. .Reception Number 86049897; Thence N89o46'52"W on said North right-of-way line, 120.10 feet to the Southwest corner of said tract of land recorded-'in Book 947, Page 50; Thence NOOo18'35"W on the West boundary line of said tract, 213.10 feet to the Southeast corner of that tract o£ land recorded in Book 458, Page 249, Reception Number 360432; Thence N89o46'52"W on the South boundary line of said tract, 198.00 feet to the Southwest corner of .said tract, Thence N89°59'16"W on the South boundary of a tract of land recorded in Book 759, Page 289, Reception Number 523705, 99.00 feet to the Southwest corner of said Tract; Thence N00°18'35"W along the west boundary line of said tract, 320.64 feet-to the North right-of-way line of West 45th Avenue as recorded in Book 777, Page 342; Thence N89°11'55"W, on said right-of-way line, 29.97 feet to the Southwest corner of that tract of land recorded in Deed Reception Number 78051735; Thence OOo15'16"W on the West boundary line of said tract, 115.00 feet to the Northwest corner of said tract; Thence S89°11'24"E on the North boundary line of said tract, 128.70 feet to the Northeast corner of said tract; Thence SOlo05'36"E on the East boundary line of said tract, 16.15 feet to the Point of Beginning. Said real property containing 9.47 acres, more or less. 5. Case No "~TV-93-10: An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Said property is legally described as follows: A parcel of land situated in the Southeast 1/4 of the Northwest 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: Commencing at the Southeast corner of said Southeast 1/4 thence; NOo18'35"W along the East line of said Southeast 1/4 a distance of 1212.31 feet; thence S89°41'25"W a distance of 99 feet to the True Point of Beginning, thence; SOo18'35"E a distance of 77 feet thence; S89°41'25"W a distance of 40 feet thence; NOo18'35"W a distance of 77 feet thence; N89o41'25"E a distance of 40 feet to the True Point of Beginning. Said parcel contains 30 0 square feet more or less. , Sandra Wiggins, S c ary ATTEST: Wanda Sang, City Clerk To be Published: June 29, 1993 Wheat Ridge Sentinel <pc>pnwv935/ms931/wz936/ws931/wv9310 P.O.80%638 ~ TELEPHONE: 303/237-6944 The Cit• 7500 WEST 29TH AVENUE . WtIEAT RIDGE. COLORADO 80031 cheat Ridge POSTING CERTIFICATION CASE N0. '.tJV_ g3--~ .. CANNING COMMISSION CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: e' /_'~"li ~ ~ . ~g~3 I, n a m e residing at ~~ ~ /~, c~~Q ( a d d r e s s as the applicant for Case No. , , hereby certify , on this ~ day of -7~~i , 19~ 3 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature • 1~~~`"' I NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. that I have posted the Notice of Public Hearing at -500 WEST 29TH AVENUE P.o. aox s3s The. City of WHEAT RIDGE. CO 80034-0638 (3031 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge June 29, 1993 This is to inform you that Case No. WV-93-10 which is a request for approval of a right-of-way vacation for an unused portion of Owens Street between West 44th Place and West 45th Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on July 15, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PlanningC'ommissiOn _ 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 Ca a., ,, i~~i r„iu,,. a 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. 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Fax # 235-2949 ~Rldge July 13, 1993 RE~E~v~~ ~U~ ~ 4 t9~ The Wheat Ridge Department of Community Development has received a request for approval of a ricrht-of-Way vacation for an unused portion of nwPnc .ri'FYPP'F at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by July 26 i9g3 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-93-10 LOCATION: Owens Street between West 44th Place and West 45th Avenue REQUESTED ACTION: Approval of a right-of-way vacation PURPOSE: Waiver of street construction requirements for adjacent properties APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve this development? YES- NA NO I£ "NO", please explain below. 2. Are service lines available to the development? YES NA NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NA NO If "_NO", please,_explain-below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NA 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? District easement must be maintained - see attached letter Please reply to: /l~jp~GC~- /L'~~ M R cke~t Department of Planning & Development ~DISTRISUTION: Water District (Valley ) Denver Water Bd.X TCI of Colorado XX Sanitation District ( Fruitdal)e Jefferson Co. Health Dept. XX Fire District (Arvada ) Jefferson Co. Schools Adjacent City ( ) Jefferson Co. Commissioners XX Public Service Co. Wheat Ridge Post Office XX US West Communications Wheat Ridge Police Dept. State Land Use Commission X Wheat Ridge Public Works Dept. State Geological Survey Wheat Ridge Parks & Recreation Colorado Dept. of Transportation Colorado Div.. of Wildlife <pc>referralform 06-26-92 Wheat Ridge Bldg. Division Co v,.,. VALLEY WATER DISTRICT P.O. BOX 9 12101 WE5T 52ND AVENUE WHEAT RIDGE, COLORADO 50034 TELEPHONE 424-9661 July 21, 1993 Meredith Reckert City of Wheat Ridge P.O. Box 638 Wheat Ridge, CO 80034 Dear Meredith: In reference to Case ~Wv-93-10, Owens St. between 44th Place and 45th Avenue, I offer the following: Valley Water District currently has water lines in the area as shown on the attached map. Also, we have scheduled for construction to begin on 8-1-93 of a new water mainline to loop the water distribution system from 44th Place to 45th Avenue in the area as shown on the attached map. It is imperative that Valley Water District have an easement to maintain water distribution lines in the area. If you have any questions, please call me at 424-9661. Sincerely, ~~~~~~ Robert Arnold District Manager cc: Howard Bunger, District Engineer CI`T'Y-bF WHEAT RIDGE I „S .JUL 2 ~ 1993 I i'.II PLANNING &~ F WEST 29TH AVENUE - TI7E C11}~ Of BOX 638 .-,,~AT RIDGE. CO 80034-0638 (3031 234-5900- (~ x IL eat City Admin. Fax ~ 234-5924 Police Dept. Fax # 235-2949 _ VTV lildge July 13, 1993 The Wheat Ridge Department of Community Development has received a request for approval of a right of-way vacation for an unused portion of - - at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Jtxly 26 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-93-10 LOCATION: Owens Street between West 44th Place and West 45th Avenue REQUESTED ACTION: Approval of a right-of-way vacation PURPOSE: Waiver of street construction requirements for adjacent properties APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve this development? YES X NO If "NO", please explain below. 2. Are service lines available to the development? YES y NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES X 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-ePTY ~F `V(1HEAT ~21D~E z _ 5. Are there any concerns or problems your agency ha „_.`-~,^~ would or should affect approval of this,.request? .JUG ~ 1993 /l~ ,, ,, //~~~~//__ Please reply to: -('~ (~~(iL~ /`-"-`T"~ M. Reckert Department of Planning & Development ~~~~~~~ ~ ~~VE9.aPPAE~lT DISTRIBUTION: XX Water District (Valley ) Denver Water gglSanitation District (_Fruitda])e ~__ Fire-District (Arvada ) Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Bd.X TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dept. X Wheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division r, : ..~~,.,. 1 75DD WEST 29TH AVENUE - The C/ty Of P.O. BOX 638 WHEAT aIDGE. CO 80034-D633 (3031234-5900 cWhe at City Admin. Fax n 234-5924 Police Dept. Fax ~ 235-2949 Ridge July 13, 1993 The Wheat Ridge Department of Community Development has received a request £or- approval of a right-of-way vacation for an unused portion of Owens Street at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by ,TUIV 26, 1993 No response from you by this date will constitute no objections or concerns. regarding this proposal. CASE NO: WV-93-10 LOCATION:.. Owens Street between West 44th Place and West 45th Avenue REQUESTED ACTION: Approval of a right-of-way vacation MAP Fv9cs7 a/p~- /6Z PURPOSE: Waiver of street construction requirements for adjacent properties 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. Ara there ar,-y concerns or problems your agency has would or should~~''affect appr~o/v/,~~al~/i/of this request? Please reply to: ~~L(~' ~ ~(~~ /""'"~" ~ M. Reckert Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) Denver XX Sanitation District ( Fruitda~e XX Fire District (Arvada ) Adjacent City ( ) XX Public_ Service: Co_f XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-g2 -4 JUL 14 ..,.. -.x,i~- ~'s~p~a.:~.: Water Bd.X TCI of Colorado <,r `~ Jefferson Co. Heal ~' ~~ptV~~, Jefferson Co. School Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police. Dept. X Wheat Ridge Public Works Dept. Wheat Ridge-Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division c, , ,.... .~ Public Service The City of Wheat Ridge 75dC1 West ?4th Avenue [Wheat Ridge Co. , 8034-t?6:;8 Attn: Ms. M. Reckert Dept. of Planning ~u Dev. PROPOSAL NAME: WV-43-i4 ADDRESS: ©wens St./W. 44th to W. 45th DESCRIPTION: Street vacation request Pu61ic Service Company of Colorado Nonh Metropolitan Region 5460 W. 60th Avenue Arvada, Colorado 80003 Date: July Win, i?9~ COMMENTS: P.S.Co. has no -Facilities in the street segment to 6e vacated and has no objection to the proposal. Thanks ~~y RoC y R.`Craft^ North Metro Region Engineering Unit Manager ~J CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared: July 7, 1993 Date of Meeting: July 15, 1993... Case Manager:~ieredith Reckert Case No. & Name: WV-93-10/CITY OF WHEAT RIDGE Action Requested: Approval o£ a right-of-way vacation Location of Request: Owens Street between W. 44th Place and W. 45th Avenue Name & Address of Applicant(s): City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Name & Address of Owner(s): Same ------------------------------------------------ Approximate Area: 3000 square £eet Present Zoning: Residential-Three Present Land Use: Vacant Surrounding Zoning:N: Residential-Two; S, E, W: Residential-Three Surrounding Land Use: N & fLI: Low density residential; E: Vacant ~: Multi-Family Date Published: June 29, 1993 Date to be Posted: July 1, 1993 Date Legal Notices Sent: June 30, 1993 Agency Check List Related Correspondence ENTER INTO RECORD: (XX) Comprehensive Plan ( ) Zoning Ordinance (XX) Attached ( ) Not Required (XX) Attached ( ) None (XX) Case File & Packet Materials ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other 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. ! ~ WHEAT RIDGE PLANNING COMMISION PAGE 2 CASE NO. WV-93-10 I. REQUEST This is a request initiated by the City of Wheat Ridge for approval of a right-of-way vacation for an unused portion of Owens Street between W. 44th Place and W. 45th Avenue. Owens Street at this location is 40' wide and 115' long and is currently unimproved. It is adjacent to vacant land to the east (being reviewed as Case WZ-93-6 and WS-93-1) and yard area for a single family residence gaining access from W. 44th Place to the west. No properties need Owens Street for access, however, if it is not vacated, the developer to the east and adjacent property owner to the west Will be_responsible for street construction and the installation of curb, gutter and sidewalk. With extension of W. 45th Avenue, Owens Street is not needed for circulation in the area Please refer to Bob Goebel's June 16 memo included as Exhibit 'A'. II_ AGENCY REFERRALS Valley Water will need a facilities and maintenance easement. Westridge Sanitation will need a facilities and maintenance easement. Arvada Fire has no problems as long as a "turn-around" is provided. Public Works initiated the request and is urging that the northern 75' be vacated. III. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that no properties will be landlocked if the northern 75' of Owens Street is vacated. Staff further concludes that. it is not needed for general traffic circulation in the area. For-these reasons, a recommendation of APPROVAL is given for Case No. WV-93-10 with the following conditions: 1. Only the northern 75' be vacated. 2. A utility and maintenance easement be reserved over the entire 40'. ~- i WHEAT RIDGE PLANNING COMMISION PAGE 3 CASE NO. WV-93-10 IV. RECOMMENDED MOTIONS Option 'A': "I move that Case No. WV-93-10, a request for approval of a right-of-way vacation for an unused portion of Owens Street between W. 44th Place and W. 45th Avenue, be approved fox the following reasons: 1. No properties will be landlocked if it is vacated. 2. It is not needed £or general circulation in the area. 3. Staff recommends approval. _ With the following conditions: 1. .Only the northern 75' be vacated. 2. A utility and maintenance easement be reserved over the entire 40'." Option 'B': "I move that Case No. WV-93-10, a request for approval of a right-of-way vacation for an unused portion of Owens Street between W. 44th Place and W. 45th Avenue, be denied for the following reasons: 1. 2. 3. " I ~~ W ~ ~ ~3'D(85t CtS2E~~ 1 1 ' o ul m .D ' o 0 o v oN v u ITI 1246' ^ ~ (~ , ~ o I N N N N o w ° ~ P ~ . ~ NW , w ~ I ? ' ~O vOV ~~ ~1 -{ ~'----- '.'-~'z PIERSON ST----0 --- PIERSON ST - ~u 4 N - ^!`' u + ~ ~ m' 33'N rn so' P(15-45) D < i ~ ~ ° w D(85101324)'i .m ' ~ O ~ i w I v i :O O N ~ o v ~ 40' 1 ~ _O n i rn j v 33' D(85107322) I c~ N IaW ) ~ m 7*0 U ~ D(TO BE FILLED IN)33' i ~, ~ I 1 1 ° o a N 0 ~ ~u ' ~ 7438 X137 ~ --~-- - ~ PARFET ST $ ------------=- _ ---- _ -o J - .--------- - 4 J I y 1 ~ 1 O+ ' °' 'p+ ° IJ ' • ' N 1 ~ ~ 33 D(85107327) ~ I ~ ~ ~, 30' ~. ( ) ;' I 0(777-342) . D(860 6 712 33 I ~ I D(838-477) ~ ~0 w 1 33' D(66049890) - ~ ~ 'r' rn O1 D(86087651)6' I m I cn v ~' 30' ~ P(36-55) I I v ~ D ,y ,y -+ -rn-F---- OWENS ST------ 33'D(86087655) ~~ II m < J 30' m P(3s-ss) I mt ~ OWENS ST I= D(86087652)8' ~ ~ D(87020572)33' ~ ~ a ~ ~ N O N o > ~m $ o~ J -- K T=----_ N 0'18'35" W 2645 72' mm ~ 1 S ~ °w 33'D(86049897) . - g m o o ~ o m N o ~ ~ 33' D(86087656) ~> Z A A N O N V: ~ V, ~ °v 33'D(86087653) 1 N V v N ~ O 1 v ~i ~ N N ~lrvUt .... " WN W ... 33'D(86039508) S NEWCOMB ST ~ 33'D(8603957a) m a N o ' m N -- o N ~ 33' I m ' ~ A m ~' ~ D(86039502) r I ~~ 1~ i 1 30' I ~1 I ' P(72-32) I ~ ' ~ i 33 D(86049897) ~ D(86039507)33' ~ ~ - ---- -- MOORE ST------~ m l ; I ~, ~o D(86039507)33' ~ ~------MOORE CT--- ----~~ J N III i lu 1 4 w 1 N I 'I O .~. p' ~r ~ • i Case No. ~-93-10 AGENCY REFERRALS SUMMARY Fire: (ARVADA) No problem if West 45th Avenue is extended Schools• Water: (VALLEY) Will need a facilities and maintenance easement. Sewer: (FRUITDALE) Will need a facilities and maintenance easement. Mountain Bell• No response Public Service Co: Will need a facilities and maintenance easement State Land Use Comm (if over 5 acres) State Geologist State Highway: Jefferson County: (HEALTH - COMMISSIONERS - PLANNING Adjacent City: Other: CITY DEPARTMENTS % PUb1iC WOrk3' Recommends approval Parks ~ Recreation: Police: Building Inspection: • Planning Commission Minutes Page 21 July 15, 1993 3. Covenants be provided and agreed upon by the owners of subdivision. Those covenants shall include the proposal that was presented at this hearing by the developer. Mr. Gidley stated for clarification purposes, it would be the responsibility of the applicant to develop the east 25 feet o£ Owens Street. Commissioner ECKHARDT stated that was his assumption. Commissioner C~RVENY seconded the motion. Mr. Gidley asked Commissioner ECKHARDT that under his condition 3., was it his intent that the covenants state specifically that these are to be single story buildings, ranch style, with brick facade? Commissioner ECKHARDT stated that was what the applicant presented as his intent-and he felt it was proper. Motion carried 5-1, with Commissioner JOHNSON voting no. C. case No WV-93-10• An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Mr. Gidley stated that the Commission's prior action made this case a moot issue. However, an adjacent property owner was present regarding this issue. Ms. Reckert presented the case. arry Smith 3452 Weld County Road 16 was sworn in. Mr. Smith stated his concerns had been. answered since the street was not being vacated. He added that there would be no change in existing conditions. Ms. Reckert stated there would be changes. Mr. Goebel pointed out even though the diagram on the board showed complete vacation to the north projected line of West 44th Place, his recommendation would be to leave 40 feet above that point to allow a turnaround for a fire truck. The remaining 65 feet would be vacated. Ms. Reckert stated that Mr. Goebel's recommendation was consistent with planning staff's recommendation. There would be an easement across the whole parcel due to utility lines in place. • Planning Commission Minutes Page 22 July 15, 1993 Mr. Goebel stated the street is presently unimproved and the east half would be improved with the development of the new subdivision. Ms. Reckert showed a Mr. Goebel stated it half, since the appl Mr. Gidley exp~sined Commissioner CERVENY the land revert to? Discussion followed. slide of the area in question. was likely the City would develop the west Lcant will be responsible for the east half. further. asked if Owens Street was vacated, who would Mr. Goebel stated that the original dedication of Owens Street was likely established when Consolidated Mutual Water Company required a 50 foot right-of-way for their line. Commissioner JOHNSON asked if there was a practical reason to maintain that street? Mr. Gidley stated the only reason the street-would be necessary would be an alternate route for the 12-unit apartments on West 44th Place, which is a dead-end street. Mr. Goebel stated West 44th Place is less than 500 feet long. Ms. Reckert estimated it at about 400 £eet. Mr. Gidley stated the 500-foot rule was a general rule. Commissioner CERVENY asked with the turnaround, would the street be necessary? Mr. Gidley stated no, that Staff recommended vacation. Commissioner CERVENY asked why consideration was being given not to-vacate Owens Street. Discussion followed. Ms. Reckert stated the confusion resulted because Owens Street vacation should have been heard first. Commissioner ECKHARDT stated the reason he made the condition to dedicate an additional five feet on Owens Street was that he did not feel Owens Street should be vacated. He gave several reasons. Planning Commission Minutes Page 23 July 15, 1993 Commissioner ECKHARDT moved that Case No. WV-93-10, an application by the City of Wheat Ridge for approval of a right- of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue be denied.. Commissioner QUALTERI seconded the motion. Motion failed 3-3. Commissioner CERVENY moved that Case No. WV-93-10, an application by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West"45th Avenue be Approved, leaving a turnaround and retaining all easements. Commissioner JOHNSON seconded the motion. Motion carried 4-2 with Commissioners ECKHARDT and QUALTERI voting no. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS 1. Mr. Gidley urged Commission members to attend a public meeting scheduled for .Wednesday, July 28, 1993 in City Council Chambers to solicit suggestions relative to the Comprehensive Housing Affordability Strategy Jefferson County must submit in order to qualify for a Community Development Block Grant for the City of Wheat Ridge. Information regarding this meeting was provided to Commission members. Mr. Gidley explained further. Discussion was heard. 11. DISCUSSION AND DECISION ITEMS 1. Decision of dates for August Planning Commission Meetings Consensus was to cancel the first meeting in August (August 5) and instead hold a meeting August 12. Due to the conflict with the Carnation Festival, the second meeting of the month will be held Wednesday, August 18, 12. COMMITTEE & DEPARTMENT REPORTS 13. ADJOURNMENT There being no further business, Commissioner JOHNSON moved for adjournment. Commissioner ECKHARDT seconded the motion. Motion carried 6-0. Meeting adjourned at 11:05 p.m. Sandra Wiggins, Secretary PUBLIC HEARING SPEAKERS° LIST CASE N0: W~7_93-1 D: DATE: Julv 15, 1993 REQUEST: An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. ~ ; Position On Request; (Please Check) SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ; ~ i i ~ i i i i i i i i i i i i i CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-93-10 LOCATION: Owens Street between W. 44th P1. and W. 45th Ave. APPLICANT(S) NAME: OWNER(S) NAME: REQUEST: APPROXIMATE AREA: City of Wheat Ridge Same as above Right-of-way vacation 3000 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 heard 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 CERVENY, seconded by Commissioner JOHNSON, that Case No. WV-93-10 be forwarded to City Council with a recommendation for APPROVAL with the following condition: 1. That the turnaround and all easements be retained. VOTE: YES: Owens, Cerveny, Langdon and Johnson NO: Eckhardt, Qualteri 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 4-2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 15th day of July, 1993. George Langdon, Chairperson Sandra Wiggins, Secretary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION <pc>resowv9310 ~~ ~ 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 September 13, 1993 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. WS-93-1: An application by R & J Associates for approval of a combined preliminary and-final subdivision-plat for property located at approximately 10800 West 45th Avenue. Said property is legally described as follows: Beginning at the North center 1/16 corner of said Section 21, whence the northeast corner of said Section 21 bears N63o03'38"E, 2975.12. feet; Thence N89°31'15"E, on the North line of the North half of the Northeast quarter of said Section 21, 679.01 feet to the Northwest corner of Marlin Subdivision as recorded in Book 15, Page 55; Thence SOOo16'03"E, on the West boundary line of said Marlin Subdivision, 686.87 feet to the North right-of-way line of west 44th Avenue as recorded in Deed Reception Number 86049891; Thence N89o46'52"W, on said North right-of-way, 190.92 £eet to the Southwest corner of that tract of land recorded in Book 1096, Page 73, Reception Number 702068; Thence NOOo18'35"W on the Westerly boundary line of said tract, 274.98 feet to the Southwesterly corner of said tract; Thence N89o46'52"W along the Southerly boundary line of said tract, 169.55 feet to a point 20 feet East of the East boundary line of a tract of land recorded in Book 947, Page 50; Thence 800°18'35"E parallel to the East line of said Tract, 274.98 Feet to the North right-of-way line of West 44th Avenue as recorded in Deed Reception Number 86049897; Thence N89o46'52"W on said North right-of-way line, 120.10 feet to the Southwest corner of said tract of land recorded in Book 947, Page 50; Thence NOOo18'35"W on the West boundary line of said tract, 213.10 feet to the Southeast corner of that tract of land recorded in Book 458, Page 249, Reception Number 360432; Thence N89o46'52"W on the South boundary line of said tract, 198.00 feet to the Southwest corner of said tract, Thence N89°59'16"W on the South boundary of a tract of land recorded in Book 759, Page 289, Reception Number 523705, 99.00 feet to the Southwest corner of said Tract; Thence NOOo18'35"W along the west boundary line of said tract, 320.64 feet to the North right-of-way line of West 45th Avenue as recorded in Book 777, Page 342; Thence N89o11'55"W, on said right-of-way line, 29.97 feet to the Southwest corner of that tract of land recorded in Deed Reception Number 78051735; 1 • Thence 00°15'16"W on the West boundary line of said tract, 115.00 feet to the Northwest corner of said tract; Thence S89o11'24"E on the North boundary line of said tract, 128.70 feet to the Northeast corner of said tract; Thence SOlo05'36"E on the East boundary line of said tract, 16.15 feet to the Point of Beginning. Said real property containing 9.47 acres, more or less. 2. .tease-- Q =9~ An application initiated by the City_of Wheat-Ridge for approval of a right-of-way vacation of an unused portion of Owens Street between West 44th Place and West 45th Avenue. Said property is legally described as follows: A parcel of land situated in the Southeast 1/4 of the Northwest 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: Commencing at the Southeast corner of said Southeast 1/4 thence; NO°18'35"W along the East line of said Southeast 1/4 a distance of 1212.31 feet; thence S89o41'25"W a distance of 99 feet to the True Point of Beginning, thence; SOo18'35"E a distance of 77 feet thence; S89°41'25"W a distance of 40 feet thence; NO°18'35"W a distance of 77 feet thence; N89o41'25"E a distance of 40 feet to the True Point of Beginning. Said parcel contains 3 80 square feet more or less. Sandra Wiggins, etary ATTEST: Wanda Sang, City Clerk To be Published: August 24, 1993 Wheat Ridge Sentinel <pc>pnws931/wv9310 Z P.O. BOX 638 TELEPHONE: a0a/2a7-o9aa The City of 7500 WEST 29TH AVENUE • Wh1EAT RIO GE. COLCAiAOD BOOai ~Iheat Ridge POSTING CERTIFICATION CASE N0. ~ 1/ - 9 3 -/G PLANNING COMMISSION - IE~ T~UNCIL BOARD OF ADJUSTMENT HEARING DATE: a/-/3-~3 I, residing at n a m e /~~'. (Circle One? ( a d o r e s s J -Q,m ~o er• d~~~{1 as the a°-~: _~'- for Case No. 4fll/- 93-/G , hereby certify that I have posted the Notice of Pu61ic Hearing at o c a t i o n on this ~p day of j~,g ~~ , 19~ 3 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. NOTE: Signature:____~~~~~~ This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. 566 WEST 29TH AVENUE P.o. eox s3a The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~1Vheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge August 30, 1993 This is to inform you that Case No. wv-93-in which is a request for approval of a right-of-way vacation for an „nnced portion of-Owens Street between West 44th Plane ant? weft 45th A~~enue ~~S~S~~4~St$lSSD~~ will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. on _~p mb ~3. 1993 All owners and/or their legal counsel of the parcel under consideration mu 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' ca r,..., .,. r„v., J 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: City Council Date Prepared: August 25, 1993 11 Date of Meeting: Sept. 13, 1993 Case Manager :?=Meredith Reckert Case No. & Name: WV-93-10/City of Wheat Ridge Action Requested: Approval of a right-of-way vacation Location of Request: Owens Street between W. 44th Place and W. 45th Avenue Name & Address of Applicant(s): City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Name & Address of Owner(s): Same --------------------------------------------- ------------------- Approximate Area: 3000 square feet Present Zoning: Residential-Three Present Land Use: Vacant Surrounding Zoning: N: Residential-Two; S, E, W: Residential-Three Surrounding Land Use: N & W: Low density residential; E: Vacant ~: Multi-family ----------------------------------------------------------------- Date Published: August 17, 1993 Date to be Posted: August 30, 1993 Date Legal Notices Sent: August 30, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ENTER INTO RECORD: (XX) Comprehensive Plan ( ) Zoning Ordinance (XX) Attached ( ) None (XX) Case File & Packet Materials ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other 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. City Council Staff Report Page 2 Case No. WV-93-10/CWR I. REQUEST This is a request initiated by the City of Wheat Ridge for approval of a right-of-way vacation for an unused portion of Owens Street between West 44th Place and West 45th Avenue. Owens Street at this location is 40 feet wide and 115 feet long and is currently unimproved. It is adjacent to vacant land to the east (being reviewed as Case WZ-93-6 and WS-93-1) and yard area for a single-f amily'residence gaining access from West 44th Place to the west. No properties rely on Owens Street for access, however, if it is not vacated,-the developer to the east and adjacent property owner to the west will be responsible for a five-foot right-of-way dedication plus street construction and the installation of curb, gutter and sidewalk. If the dedication is required, Lot 8 will be substandard as a duplex lot. All of the lots on the south side of West 45th Avenue will have to be adjusted accordingly to accommodate the five-foot dedication. With extension of West 45th Avenue, Owens Street is not needed for circulation in the area. Please refer to Bob Goebel's June 16 memo included as Exhibit 'A'. 2I. AGENCY REFERRALS Valley Water will need a facilities and maintenance easement. Westridge Sanitation will need a facilities and maintenance easement. Arvada Fire has no problems as long as a "turnaround" is provided. Public Works initiated the request and is urging that the northern 75' be vacated. III. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on July 15, 1993. A recommendation of Approval was given with the condition that the turnaround (for emergency vehicles) and all easements be retained. IV. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that no properties will.be landlocked if the northern 75 feet of Owens Street is vacated. Staff further concludes that it is-not needed for general traffic circulation in the area, however a pedestrian link should be developed in anticipation of future pedestrian connections to West 44th Avenue. City Council Staff Report Page 3 Case No. WV-93-10/CWR For these reasons, a recommendation of APPROVAL is given for Case No. WV-93-10 with the following conditions: 1. Only the northern 75 feet be vacated; 2. A utility and maintenance easement be reserved over the. entire 40 feet; 3. A pedestrian easement be reserved on the vacated portion, and that a sidewalk be constructed by the developer in Case No. WS-93-1. V. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-93-10, a request for approval of a right-of-way vacation for an unused portion o£ Owens Street between West 44th Place and West-45th Avenue, be Approved for the following reasons: 1. No properties will be landlocked if it is vacated; 2. It is not needed for general circulation in the area; and 3. Staff and Planning-Commission recommend Approval. With the following conditions: 1. Only the northern 75 feet be vacated; 2. A utility and maintenance easement be reserved over the entire 40 feet; and 3. A pedestrian easement be reserved over the vacated portion, and a sidewalk constructed at the time of building on the property to the east. Option B: "I move that Case No. WV-93-10, a request for approval of a right-of-way vacation for an unused portion of Owens Street between West 44th Place and West-45th Avenue, be Denied for the following reasons: 1. 2. 3. " <pc>srwv9310 4Z: n, c ~ .~'fi1.~•~'~..~ 1) > :qe , i. ~ ~`. ' .`~~~,.~ . , ~'`"' CITY COUNCIL MINUTES: September 13, 1993 Page -3- Application by R& J Associates for approval of a combined preliminary and final subdivision plat for property located at ,,approximately 10800 West 45th Avenue, Wheat Ridg~. r,.. _ (Case No. WS-93-1) Motion by Mr. SeZstad that :;ase No. WS-93-1, a request for approval of a ,.16-lot.final subdivision plat for property located at 10800 W. 45th Avenue, be approve~ for the following reasons: 1. All requirements of the Subdivision Regulations 9ave been met. 2. Staff recommends 'approval. With the following conditions: 1. A note be added to the final plat that no construction be allowed,on Lot 1 until the title has' been cleared. 2. If Case No. WV-93-10 is not approved, a five foo£ .right-of-way dedication occur for Owens Street and the lots along the south of West 45th Avenue be adjusted accordingly. The developer will. be responsible for sidewalk construction across the pedestrian easement; seconded by Mr. Flasco; carried 7-1 with Vance Edwards voting no. Mr. Edwards feels there ars too many mis-communications that need to be cleared up prior to approving this plat. Item 3. CounciZ Bil.l 24 - An Ordinance vacating an unused portion of Owens Street between kest 44th Place and West 45th Avenue within the City of wheat Rfdge, County of Jefferson, State of Colorado. (Case No.~Y=,yj-iul_ Council Bill 24 was introduced on second reading by Vance Edwards; title read by the Clerk; Ordinance No. 939 assigned. Motion by Vance Edwards that Case No. WV-93-10, a request for approvaZ of a right-of-way vacation for an unused portion of Owens Street between West 44th PZace and West 45th Avenue, be approved for the foZlowing reasons: 1. Mo properties will be land-locked if it fs vacated; 2. It is not needed for general circulation in the area; and 3. Staff and Planning Commissioa recommend approval. With the following conditions: 1. Only the northern 75 feet be vacated; 2, A utility and roaintenance easement be reserved over the entire 40 feet; and 3. A pedestrfan easement be reserved over the vacated portion, and a sidewaZk be developed by the property owners to the east; seconded by Phil Edwards; carried 8-0. DECISIONS. RESOLUTZONS, AND MOTIONS Item 4. Resolution 1363 - authorizing the City of Wheat Ridge to become a member of the Joint and Cooperative Intergovernmental Agr~ement for a Greater Metro Cable Consortium wfth Municipal Corporations, Cities and Counties and Political Subdivisions of the State of Colorado. Resolution t363 was introduced by Mr. Flasco; title read by the Clerk. Motion by Mr. Flasco for the adoption of Resolution 1263; seconded by Mr. Eafanti; carried 8-0. ,' l./'oo \O . RECEPTION NO. 93143555 10.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 9/15/93 4:15 INTRODUCED BY COUNCIL MEMBER VANCE EDWARDS Council Bill No. 24 ORDINANCE N0. 939 Series of 1993 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF OWENS STREET BETWEEN WEST 44TH PLACE AND WEST 45TH AVENUE WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (CASE NO. WV-93-10) ` WHEREAS, a portion of said dedication right-of-way for Owens Street between West 44th Place and West 45th Avenue is unneeded for public roadway purposes; and WHEREAS, said part of said Owens 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. SE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The following portion o£ Owens 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 situated in the Southeast 1/4 of .the Northwest 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: Commencing at the Southeast corner of said Southeast 1/4 thence; NOo18'35"W along the East line of said Southeast 1/4 a distance of 1212..31 feet; thence S89°41'25"W a distance of 99 feet to the True Point of Beginning, thence; SOo18'35"E a distance o£ 77 feet thence; 589°41'25"W a distance of 40 feet thence; NOo18'35"W a distance o£ 77 feet thence; N89o41'25"E a distance of 40 feet to the True Point of Beginning. Said parcel contains 3080 square feet more or less. Section 2. Condition. A utility easement be-reserved over the entire forty (40) feet hereby vacated. Section 3. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2- 02 to the adjacent property owners of record. Section 4. Safety Clause. =T$e"C`Yty"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 Ordinance No. 939 Series of 1993 and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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 adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. SACtion 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to 0 on this 9th day of August 1993, 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 September 13 1993, at 7:30 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 8 to 0 this ~~ day of ~gptember , 1993. Page 2 by the Mayor on this 14th day of September 1993. r~ R INGER, R APPROVED AS TO FORM BY CITY ATTORNEY ~t4~+:'4~~~ . "' ''~'~`"';.@:~;~ THR SCH12OEDER, CITY ATTORNEY 1st Publication: August 17, 1993 2nd Publication: September 21, 1993 Wheat Ridge Sentinel Effective Date: October 6, 1993 <pc>ordwv9310 3~QfR TA3`iiY i0 Yi;J p~ItO t'+i,ai1 r.'•;i 8Ea xo9.0.4 1EOL~a o6aroio9.a5`iR t6e~'1! ~ M CZTY COUNCIL MINUTES: August 9, 1993 Page -7- Item 5. Council Bi11 24 = An Ordinance vacating an unused portion o_f Owens Street between West 44th Place and West 45th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado. Council Bill 24 was introduced by Vance Edwards on first reading; title read by the Clerk. Motion by Vance Edwards that Council Bill 24 be approved on first reading, ordered published, public hearing be set for Monday, September 13, 1993 at 7:30 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Hall; carried $-0. Item 6. Council Bi11 25 - An Ordinance vacating an unused portion of West 32nd Avenue between Kipling Street and Simms Street within the City of Wheat Ridge, County of Jefferson, State of Colorado. Via,&-e_No . ` ~WV-93-~> Council Bill 25 was introduced by Mrs. Brougham on first reading; title read by the Clerk. Motion by Mrs. Brougham that Council Bill 25 be approved on first reading, ordered published, public hearing be set for Monday, September 27, 1993 at 7:30 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading, take effect 15 days after final publication; seconded by Vance Edwards; carried 8-0. DECISIONS RESOLUTIONS AND MOTIONS Item 7. Resolution 1357 - Formation of a Business Development Commission. Resolution 1357 was introduced by Vance Edwards; title read by the Clerk. Mr. Middaugh explained that this Resolution was prepared at City Council's request. This Commission will serve as a key part of a business development program for the City of Wheat Ridge. There shall be $ members., two from each District, serving staggered terms. Motion by Vance_Edwards to add term limits of four 2-year consecutive terms; seconded by Phil Edwards; carried 7-1 with Mr. Davis voting no. Motion by Vance Edwards for the adoption of Resolution 1357 as amended; seconded by Phil Edwards; carried $-0. . )5/26/98 TUE 10:30 FAX 303 424 i 4 A 0 o ilC! 1r L VALLEY NEATER DIS 68 ''J J zs' a 41• N 20" 20" 2 ~ N 24, c B ~ 4 10' 13' ~o .rlr~•J- A' ~L' ~ ' S 6.. _ ST. J _ •Ti~~~~C:/Y i rl~~r/ ti O N Gf 6" 11D~, Ar 5T a 66' is' 9 it/EGt'COUSE sr . ! a , • ISM _ 1 r / 1N/ 4 C, J`r 1/ - UO qE ~r 6 s /a t /iY/ lo• a % ° 6