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HomeMy WebLinkAboutWV-93-2r • CITY OF WHEAT RIDGE MEMORANDUM T0: City Council /~,'~}/ FROM: Ray J. Winger, Jr., Mayor(V~I~ •~~~' SUBJ: VETO OF ORDINANCE 916 DATE: January 12, 1993 Pursuant to Section 5.14(b) of the City Charter, I have vetoed Ordinance 916 and am providing you with the following written explanation of my veto. At the City Council meeting of January 11, 1993, Council, on a 5-3 decision, passed Ordinance 916 requiring the vacation of a portion of Union Street adjacent to 3365 Union Street within the City of Wheat Ridge. The applicant's lot is so located that this request for the street vacation is to provide for the required 30 feet front setback for a new single family dwelling. There are also possible complications associated with the 100 year flood plain in building the family dwelling. The Planning Commission on October 15, 1992, recommended denial for the following reasons: 1. There are existing utility lines within the right-of-way; 2. The vacation would negate the option of constructing Union Street across Lena Gulch in the future; 3. Planning staff, and other outside agencies recommend denial; Memorandums from the Wheat Ridge Fire Protection District, the Police Department and the Public Worlts Department all expressed concerns for the citizens welfare if this street is vacated. If this portion of Union Street is vacated, the City will incur problems and significant additional costs if it is found necessary in the future to construct Union Street across Lena ' Gulch. . While the Council has every right to override the Planning Commission denial,'the Council should keep in mind that the Commission's duty is to carefully study cases such as this one and make a recommendation based on these studies. The Planning Commission vote for denial was 4-2. >= -~ When a City is planned, the first step is to locate and obligate the rights-of-way for the streets. These rights-of-way become City property for ever, and even if the street is not constructed for 100 years, the proposed land for the street remains City property. Only in rare circumstances should the present generation give away future generation's rights to the lands £or the benefit or profit of one individual or developer. I believe the passage of Ordinance future add significant additional would not be in the best interest and public safety for the citizens cc: City Attorney City Clerk City Treasurer City Administrator Department Heads 916 would sometime in the street construction costs and to the life, health, property, of Wheat Ridge. CITY COUNCIL MINUTES: January 25, 1993 Page -5- UNFINISHED BUSINESS Item 5. Consideration of Motion to Override Mayoral Veto of Council Bill 34 - Ordinance 416 - An Ordinance vacating a portion of Union Street adjacent to 3365 Union Street. -(Case No. TdY=4Z_2~ Mayor Winger referred to his memorandum of January 12, 1993, in which he outlined his reasons for vetoing this Ordinance. Motion by Phil Edwards to override the Mayor's veto of Ordinance 916; seconded by Mrs. Brougham; failed 5-3 with Councilmembers Vance Edwards, Davis, and Flasco voting no. A vote of 6 Councilmembers is needed to override the Mayor's veto.. Consensus was 6 in favor to let Mr. Terry Ammon speak. Terry Ammon, 3375 Union Street, was sworn in by the Mayor. He asked to amend his request of a 30 ft vacation to a 15 ft vacation and to deed the 15 ft back to the City after his building is completed. John Hayes explained that the item on the Agenda was the Mayor's Ueto. Any other action would have to be brought back in to Council at a Councilmember's request. Motion by Mrs. Brougham that the Street Vacation Request for 15 ft at 3365 Union Street be a new item placed on a Council Agenda as soon as possible; seconded by Phil Edwards; carried 5-3 with Councilmembers Vance Edwards, Davis and Flasco voting no. Mr. Flasco requested that Mr. Hayes' legal opinion as to how to proceed with this matter be supplied to all Councilmembers. Mrs. Brougham requested that Mr. Aroroon be notified of any hearings. ORDINANCES ON FIRST READING Item 6. Council Bill 3 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 9900 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-92-10) (Jim Hailey) Council Bill 3 was introduced by Vance Edwards on first reading; title read by the Clerk. Motion by Vance Edwards that Council Bill 3 be approved on first reading, ordered published, public hearing be set for Monday, February 22, 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. Shanley; carried 8-0. rna c;ry or W~pheat ADMINISTRATIVE PROCESS APPLICATION -1\id a Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant (~ /7'~f (~,E" ~ q~ ~ITY+-cAddress Phone Owner ('!"M /~~' lrlf'l~1" ~--/~ Address Phone Location of request_~/q~~,-.lDril (jl= ld' d F ~yr^~--=e 2-4--L~ d/~/ L~/I~~DYU 5~~ 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 £or specific requirements. Detailed of Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification -- Public Improvement Exception Street vacation- - Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other d ~ ~~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE ,~.,_.. _ ._ m , ._~.. ,~ .. _ ... .. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge-and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. ~~• ~ubs~3~~7 and sworn to me this ~ d of ~~ y'. ,. ~ ,. ~_' ~~` •~,~.~ .; C3'J 27~p ~Notary~~u _ L ~ 1~12CF' ~ ~ ~l~',lr •,.. ~ ~ ~= ~'"'~ f"'~'~~-~~` My commission expires IO•~j f¢ <' n~+o no,.~,..•,a ..~~~~.~,~.a~~, .. _ .._ Case NP• %ASt' NO. W V' RS-2 EXHIBTf 'A' RIGHT-OF-WAY MAP 50' N P(30-29) o D] i~ i n /~~ P(21-19) / m / i J~,c j Ul N aP G / ~'- a fi ^ PAVED {$..{:. r,~f' GRAVELLED N `Y`Y UNIl~'IpROVED 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 March 18, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge; Colorado. A11 interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WV-93-2: An application by the City of Wheat Ridge for 'approval of a right-of-way vacation £or.an unused portion of Union Street as it abuts property located at 3365, 3375, 3385 and 3395 Union Street and 12025 West 34th Place and approximately 11910 West 35th Avenue. Said property is. legally described as follows: The west ten (10) feet of Union Street direct~q¢ abutting the following legally described lots and tract: !! Lots 51, 52, 53 and 54 and Tract A. Applewood Village Subdivision - Second Filing; and Lots 27 and 28, Block 4, Applewood Village Subdivision, County of Jefferson, State of Colorado. 2. tease No. ZOA-93-1No. ZOA-93-1: A proposal to amend the Wheat Ridge Code of Laws, Section 26-5, Definitions, Sight Distance Triangle, Section 26-30(1)(2) Sight Distance Triangle Requirement, Section 26-31(C)(7) Sight Distance Triangle Requirements and Section 26- 32(C(3), Landscape Area Requirements. A11 of the Code sections cited above relate to the height restrictions within fight distance triangles. ATTEST: Wanda Sang, City Clerk S a Wiggins, etary To be Published: March 2, 1993 Wheat Ridge Sentinel <pc>pnwv932/zoa931 7500 WEST 29TH AVENUE P.o. eox s3s The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax ~ 234-5924 Police Dept. Fax # 235-2949 -1\ldge March 4, 1993 This is to inform you that Case No. wv_g~_2 which is a request for approval of ten feet of Union Street for property Y~~~S~ffiXo 1194(1 watt ~Stt, a~.Pn ~ 7025 W "4th AVe. , 3385 Union Str and 3375 neon 4traat _ will be heard by the Wheat Ridge Planning C'tlmmiacinn in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7~3n~-m_. on March 18 1993 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the Planning Commission. 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 Co e. ~ .., r,,..,, f I m I ru a 0 nJ o- m o- 4. 7 1~ 0 N 6' m fU 4"' 0. a n1 a N V' fn fl.! !T a (ll f~t~ a Q N Q"' m ru POSTAGE RETURN SNOW ro 4YHOM, DATE AN[ ADDRESS OF DELIVERY RECEIPT - - - CEFTIFIEDFEE SERVICE I--~ 1 TOTAL P05rAGE AND FEES i i€NRESvT I • Complete IIemS- a~dn %~ for adtlifgnal servl~ e. I . lete items 3, and ba & b. - 0 I r ywr rTal~2 ~tl-adtlresson the reverse °f this form so that we can return the ca nt of the mailpiece, or en the back if space does not permit. r e - -`^h@ee "RetulR Receipt Reques[etl" on the [hel~aNtee of the Person tleliveretl to 2ntl the `."nom Tfie ~~rver~ecelpTF~e wlll provide 9Pu e - a. ~~fbC1E' /SOaresac° w. Pam~l+s D/Chris; .E' Aar , .. 1g ~J(+hria ~` Ammon 33$5 S3nion St - 336; S7ssion St ktheat Ridge ~ 84433'. ~ chest Ridge C~ 8433 - ,~.-. ~.~ -v-~..-_-~-~- -- _-= ND e e I ems %L~'3~oraddltronal services. ~._ . _ 1 vas tr.-- -- ---- Our name 2ntl adtlress on the reverse of this form so that _ POSTAGE RETURN Show TO WHOM DATE AND- RESTRICTED ADDPE550FOELVERY ~ DELIVERV 1 ~ - t' thls term to the front of [he mal prece- GF'kA€SefDTReQUested" °n the mallpece below the arrn ei t the RECEIPT CEPTIFIED FFE - P e 2 RCIUm REC¢Ipt FCC \VIII pYOVlda vW [hB 519rN[Nr2 ° SERVICE TOTAL POSTAGE AND FEES - ~ _ SSed t0: - G - SENT TO~ NOT FOR INIETMNATIONAL MAIL - - }~` ~'~~*~i ~ ~IL{:µswLl 2errsnce J Amman. ~ 3375 Union Bt 3375 Union 5t . ,...~ tst Ridge CO 8401'33 ;~x;mat xta~e co 80033 a wv-93- ~~ ASrt _ r~ - ~~,~ _--_=-~: Signatu - (A re ee) _ - d.La. ~ - POSTAGE _ _ RETURN SH^W TO VlHOM.DATE PYJft Ap0RES50F pELNERY ~ RESTRICTED OELIVEPV ~ -j -ytn ur~~_ _ _ __ ___ ~~ RECEIPT GERPFIED FEE ~ - SERVICE TOWLPOSTAGE AND FEES - - '~1; Nov~fTSbeT-1990 - - ~ - - ...,, _ m P rlhis card Ye: tot permit LY t° and the Skt@il~l CUlkiurn . ___ _ _- ..,~.~~': _ - _ _ . Ate ~ 15940 West 35tYc Ava _ We~tt 35th AVs ---~.1~t9 433 8 0 :0 0 'e `riheat r~ i +dg _ m CQ Qt~433 f f 1 } A *~ y ~ ~ Her ifV V~JQL \Ti }~_ - ., _- - - ` SENDER: - -•~.omplete items-1 god/a 2 for addtipnal services. - __ ~. ~-..- P ~ e s_ an POEWGE riot your name and address on the reverse of this form s0 that we can recur RETURN EIPT SHOW TO WHOM, DATE Army of Neav PDORESS OF OcWERY ~ _ _ + •_ Attach this form to the front oI the mallplec or o~ 6ack ifspace does ~ t~R~ e u "b~1hE r~idl -below the article number. f th eFSOn>~e~lvxfad ~tl af e R u p REC CERnFIEp FEE ee wl p e~ e _ or o e p a e [ rn e~ - SERVICE - - - -daT~fd€Irver - - TOTPLPOSTAGEANDFEES _ ~ -._ - O~ T T S+EN I N A AL MAIL ATDN RN WTE NOT FO R l _ ~ ~ -S ~ t _N'T -- - L 3 y. 44 ,} y n L ~, • y ~ .iYk4Oi~SZ~..'Y i.B Sj &!ialr~ r'y ~y+ ~ ~y ~ } y L •° - ~r4 L14.I ~f .i.Y Li{ [1YFS 12025 W 3~t1: Avca .. ~ ~xest Ridge CO 90033 I >n:teat Ridge C~ 8.0,033 - a e"~V'-33-Z (4~ !`~R idV-33-2 {4) ASR S ~,,...,F„ro_/o,~,~,oR~R .. ~ rte: PS FORM 3800 RECEIPT FOR ~~ u~n~rtosrares _ Ad (a - _ la {OOWIRI ~. -~ ' CDR r ~c 4b. Service T ( ~~see 11 l6 ~_ ~ Artl[ P 4b. Sen (ONLY Form 3811, November 1990 DOME i illtt I;il~~t~t;'s11i14 1 i1 l 1.r { ,1 {; ! I(. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared: March 11, 1993 Date of Meeting: March 18, 1993 Case Manager: NMeredith Reckert Case No. & Name: WV-93-2 Action Requested: Right-of-way vacation Location of Request: Union Street between West 35th Avenue and Lena Gulch Name & Address of Applicant(s): City of Wheat Ridge Name & Address of Owner(s): Same. ------------------------------------------------------------- Approximate Area: 5,400 square feet Present Zoning: R-1A Present Land Use: Undeveloped right-of-way Surrounding Zoning: N, S & E: R-1 W: R-lA Surrounding Land Use: N & ~nT: single family; E: single family, vacant; ~: Lena Gulch Comprehensive Plan: ---------------------------------------------------------------- Date Published: March 2, 1993 Date Posted: March 4, 1993 Date Legal Notices Sent: March 4, 1993 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ---------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Paoket Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Slides ------------------------------------------------------------------ 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. Planning Commission Staff Report Page 2 Case No. WV-93-2 I.- REQUEST- _ _ This is a City-initiated request for the approval of a right-of- way vacation for an unused portion of Union Street between Lena Gulch and West 35th Avenue. Union Street is classified as a local street which requires 50 feet of right-of-way. Union Street as it currently exists has 60 feet of-right-of-way, ten feet in excess of the 50-foot local street standard. As there is .existing excess right-of-way_for Union Street,- Staff agreed to initiate a vacation for the entire length of Union Street between Lena Gulch and West 35th Avenue. -The ten feet to be vacated will vest with the properties to the west. 3365 Union Street is currently vacant. There are single-family residences at 3375, 3385. and 3395. Union Street. A single-family residence facing south is at 12025 West 34th Place. Adjacent to the northernmost point of the vacation is a vacant lot owned by the residents to the west at 11940 West 35th Avenue. Exhibit 'A' diagrams current improvements to Union Street in the area of the vacation request. Union Street is unimproved adjacent to 33.65 Union Street. It is gravelled as it runs in front of 3375, 3385 and 3395 Union Street. Union Street is-paved with ourbwalk adjacent to 12025 West 34th Place.-and 11940 West 35th Avenue. I2. -STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that Union Street is designated as a local street on the Major Streets Plan which requires a 50-foot-wide street-section. Staff concludes that there is currently 60 feet of right-of-way for Union Street between Lena Gulch and West 35th Avenue. which is ten feet in excess of the standards. For these reasons, a recommendation of Approval is given to vacate the western ten feet of Union .Street with the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten foot of right- of-way being vacated. III. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-93-2, a request to vacate the western-ten feet of Union Street between Lena Gulch and West 35th Avenue; be Approved for the following reasons: 1. Union Street has 60 feet of right-of-way which is ten feet in excess of the local street standard; and Planning Commission Staff Report Page 3 Case No. WV-93-2 2. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten feet of right-of-way being vacated. OPTION B: "I move that Case No. WV-93-2, a request to vacate-the western ten feet of Union Street between Lena Gulch and West 35th Avenue, be Denied for the fallowing reasons: 1. 2. 3. " <pc>srwv932 Planning Commission Minutes ___- Page 2 March 18, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner QUALTERI moved to approve the order of the agenda, with the change that Case No. ZOA-92-2 be continued to April 15, 1993 as recommended by Staff. Commissioner OWENS seconded tie motion.- Motion carried 7-0. 5. APPROVAL OF MINUTES Commissioner CERVENY moved to approve the minutes for the meeting of March 4, 1993 as submitted. Commissioner JOHNSON seconded the motion. Motion carried 6-0, with Commissioner CRUMPTON abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one signed the roster nor came forward to speak. Chairman LANGDON welcomed Wally Crumpton, who replaces Judy DiCroce, to the Commission. 7. PUBLIC HEARING A. Case No. ZOA-92-2: At Staff's recommendation, this case was continued to April 15, 1993. B. Case No. WV-93-2: An application by the City of Wheat Ridge for approval of a right-of-way vacation for an unused portion of Union Street as it-abuts property located at 3365, 3375, 3385 and 3395 Union Street-and 12025 West 34th Place and approximately 11940 west 35th Avenue. Ms. Reckert presented the case, which included slides. Entered into the record and accepted by the Chairperson were case file and packet materials and exhibits. Commissioner RASPLICKA asked-what would happen to the curb and gutter on the north side of the street. Ms. Reckert stated the right-of-way in question is west of the curb and gutter, therefore the curb and gutter would remain within the 50-foot right-of-way. Commissioner QUALTERI noted that south of Lena Gulch the right- of-way is 55 feet and asked why the City would reduce Union Street to 50 feet north of Lena Gulch. Planning Commission Minutes _ Page 3 March 18, 1993 Mr. Gidley stated that the 55 feet Commissioner QUALTERI-referred to is 25 feet west of the center line and 30 feet east of the center line of Union Street. He added the primary reason the City is suggesting the street vacation is to accommodate a property owner south of West 34th Place who requested a right to develop upon the vacant lot north of Lena Gulch. His original request to vacate the west 30 feet was approved by Council, but vetoed by the Mayor. Hence, the request for vacation. He added that if the vacation is approved, it would be consistent with the right-of-way to the south. Commissioner QUALTERI asked how it was possible that the sidewalk would not be affected by this proposed vacation. Mr. Gidley stated that according to the Public Works Department, the street was actually built to a 34-foot, flowline to flowline, which is a local street standard. He explained further that the improvements are not located within the 10-foot strip proposed for vacation. Commissioner QUALTERI-asked if five feet would be adequate. Mr. Gidley stated he thought not. Commissioner JOHNSON stated 34 feet flowline to flowline would be more than enough. He asked about the requested easement. Ms. Reckert stated there are many utilities in Union Street. She added that a ten-foot easement is standard along any street. Terry Ammon, 3375 Union Street was sworn in. Mr. Ammon offered to answer questions. Chairperson asked Mr. Ammon if he was the individual the City was trying to accommodate with the vacation. Mr. Ammon stated he was. Commissioner CERVENY asked Mr. Ammon if the ten-foot vacation would allow him to proceed .with his plans to develop. Mr. Ammon stated it would. He said his neighbors had the impression they owned the ten-foot right-of-way and are using the land presently. Commissioner CERVENY stated he thought that if there were individuals who opposed this vacation, they would be present tonight. Ms. Reckert stated that there has been generally positive response to the proposed vacation: Planning Commission Minutes Page 4 March 18, 1993 Commissioner CERVENY moved that Case No. WV-93-2, an application by the City of Wheat Ridge for approval of a right-of-way vacation for an unused portion of Union Street as it abuts property located at 3365, 3375, 3385 and 3395 Union Street and 12025 West 34th Place and approximately 11940 West 35th Avenue, be forwarded to-City Council with a recommendation for Approval for the following-reasons: y 1. 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; and 2. Union Street has 60 feet of right-of-way, which is ten feet in excess of the local street standard; and 3. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten feet of right-of- way being vacated. Commissioner RASPLICKA seconded the motion. with Commissioner QUALTERI voting no. Motion carried 6-1, C. Case No. ZOA-93-1: A proposal to amend the Wheat Ridge Code of Laws, Section 26-5, Definitions, Sight Distance Triangle, Section 26-30(I)(2) Sight Distance Triangle Requirement, Section 26-31(C)(7) Sight Distance Triangle Requirements and Section 26-30(C)(3), Landscape Area Requirements. All of the Code sections cited above relate to the height restrictions within sight distance triangles. Mr. Gidley passed to Commissioners copies of a revised draft ordinance he had prepared and proceeded to present the case. He noted that regulations regarding sight distance triangles occur in four separate areas of the Zoning Ordinance. The areas are: in the definitions section; in the landscaping section; in the section relating to fencing and walls and, in the sign code. This case was initiated due to a case that was heard by Board of Adjustment recently. Mr. Gidley explained that the property owner had constructed a fence that exceeded the height limitation of the sight distance triangle. The property owner sought a variance and through the process, Staff discovered inconsistencies in the different sections of the Zoning Ordinance dealing with sight-distance triangle. With this amendment, Staff hopes to consolidate the information in one location which would provide consistency and reduce confusion. He explained his draft ordinance. Mr. Gidley stated that the recommendation to change CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-93-2 APPLICANT(S) NAME: OWNER(S) NAME: REQUEST: APPROXIMATE AREA: LOCATION: City of Wheat Ridge Same as above. Right-of-way vacation 5,400 square feet Approximately 11940 W. 35th Ave. 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 RASPLICKA, that Case No. WV-93-2 be forwarded to City Council with a recommendation for APPROVAL for the reasons stated as follows: 1. 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; and 2. Union Street has 60 feet of right-of-way, which is ten feet in excess of the local street standard; and 3. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten feet of right-of-way being vacated. VOTE: YES: Owens, Rasplicka, Cerveny, Langdon, Crompton and Johnson NO: 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 6-1 vote of_the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 18th day of March, 1993. /~ ~ U §-C,~,George~ Langdo Chairperson San ra Wiggins, S e ary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNIN COMMISSION <pc>resowv932 7500 WEST 29TH_AVENUE The C!f}~ Of P.O. BOX 638 WHEATRIDGE.C080034-0638- (303)234-5900_ (Zpj~~eat City Admin. Fax ;# 234-5924 Police Dept. Fax k 235.2949 ~~ VVC'R~ idgel April 23, 1993 This is to inform you that Case No. Wy-9"~-2 -which is a request for approval of a right-of-way vacation for the western ten feet. of Union Streeet for property ~.do~s ato 3355 3375 3385 & 3395 IInion Street will be heard by x the Wheat Ridge C~;ty Council in the Council Chambers I of the Municipal Complex, 7500 West 29th Avenue at 7;3p p,m. , on Mav l0 1993 All owners and/or their legal counsel of the parcel under consideration mus 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. 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X26 6Z6 E26 d ( `C26 6Z6 X26 d ~f _: _ - W . . .._ - _ (~ V u ~ O a l w M U o ' ~ I w - ~ N Z >f ~ o GG ~ y 20 _ O a 6 N y~ M +'• AM M R L WI ~ 4 ! V 0= Z •. 4M~ ~ p W ~ aLL vi ~ 30 r O dry{ Y O w ° = © ~ U'= M F W a o 1 G rz`1 ~ ~ ~a w a i ~ jj y ~ a m~ V ~ rt Nt Y ` ~ ~ ¢ s => Z IMF ^T "aC' !Ye (n r U fY ~ d ¢ ¢ tWl l ~ 226 6'C6 E26 d u~' m ~~ O Z W M LL la p W LL W U LL a w U W O t`7 d ~8 CITY OF WHEAT RIDGE MEMORANDUM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SUBJ: REQUEST FOR RIGHT OF WAY VACATION ON UNION STREET BETWEEN 34TH PLACE AND LENA GULCH DATE: May 5, 1993 Attached please find a staff report and supporting materials relative to a request for a vacation of City right of way on Union Street between West 34th Place and Lena Gulch. This request for right of way is initiated by the City and has previously been considered in similar form by the members of the City Council. Previous City action was to deny the request for a complete vacation of the City right of way in a portion of the affected -area. This particular request for vacation of street right of way provides that the City's current 60 foot right of way be reduced to a 50 foot right of way in the affected area. The City's standard for residential streets in this particular neighborhood is a 50 foot right of way and as such, the street vacation will reduce the City's right of way to our current standard requirement. As indicated in the attached report, there are a number of properties which are affected by the City's street vacation. One of the properties was the subject of the previous City Council discussion that was unsuccessful. It is the staff's understanding that this particular right of way action, if approved by the members of the City Council, will effectively address the concerns or problems experienced by the home owner in the affected area per the last City Council consideration of a street vacation in this area. A motion to approve the street vacation request is found in the attached staff report. It is recommended that the members of the City Council approve that said action. Respectfully submitted, -~ Y ~ Robert C. Middau City Administrat r RCM:ly Att. 5/5-10 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO• City Council Date Prepared April 28, 1993 Date of Meeting: May 10, 1993 Case Manager: N Meredith Reckert Case No. & Name: WV-93-2 Action Requested: Right-of-way vacation Location of Request: Union Street between West 34th Place and Lena Gulch Name & Address of Applicant(s): City of Wheat Ridge Name & Address of Owner(s): Same. Approximate Area: n/a Present Zoning: R-lA Present Land Use: Undeveloped right-of-way Surrounding Zoning: N, S & E: R-1 [~: R-lA Surrounding Land Use: N_& W: single family; E: single family, -- vacant; ~: Lena Gulch Comprehensive Plan: Local street - Major Streets Plan ---------------------------------------------------------------- Date Published: April 20, 1993 Date Posted: April 26, 1993 Date Legal Notices Sent: Aprii 23, 1993 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ,) Slides 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-93-2 2. REQUEST This is a City-initiated request for the approval of a right-of- way vacation for an unused portion of Union Street between Lena Gulch and West 34th Place. Union Street is classified as a local street-which requires 50 - feet of right-of-way. Union Street as it currently exists has 60 feet of right-of-way, ten feet in excess of the 50-foot .local - street-standard.. As there is existing excess right-of-way for Union Street, Staff - agreed to initiate a vacation for the length-of Union Street between Lena Gulch and West 34th Place. The ten feet to be vacated will vest with the properties to the west. 3365 Union Street is currently vacant. There are single-family residences at 3375, 3385 and 3395 Union Street. - - Exhibit 'A' diagrams current improvements of the vacation request. Union Street is Union Street. It is gravelled as it runs 3395 Union Street, II. PLANNING COMMISSION ACTION to Union Street in the area unimproved adjacent to 3365 in front of 3375, 33.85 and Planning Commission reviewed this case at a public hearing held on March 18, 1993. 1. 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; and 2. Union Street has 60 feet of right-of-way, which is ten feet in excess of the local street standard; and 3. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west;-and 2. A utility easement be reserved over the ten feet of right-of- way being vacated. As indicated in the Planning Commission minutes, the request they acted upon was for a ten-foot vacation between Lena Gulch and West 35th Avenue. .Upon further investigation, it appears the existing curbwalk between West 34th Place and West 35th Avenue is located in the right-of-way being vacated. Therefore, Staff has reduced. the request so that the vacation goes only as far north as West 34th Place. _ - City Council Staff Report Page 3 Case No. WV-93-2 III. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that Union Street is designated as a local street on the Major Streets Plan which requires a 50-foot-wide street section. Staff concludes that there is currently 60 feet of right-of-way for Union Street between Lena Gulch and West 34th Place which is ten feet in excess of the standards. For these reasons, a recommendation of Approval is given to vacate the western ten feet of Union Street-with the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten foot of right- of-way being vacated. III. RECOMMENDED MOTIONS OPTION A: "I move that Council Bill No. a request to vacate the western ten feet of Union Street between Lena Gulch and West 34th Place,- be Approved for the following reasons: 1. Union Street has 60 feet of right-of-way which is ten feet in excess of the local street standard; and 2. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement be reserved over the ten feet of right-of-way being vacated. OPTION B: "I move that Case No. WV-93-2, a request to vacate the western ten feet of Union Street between Lena Gulch and West 34th Place, be Denied for the following-reasons: 1. 2. 3. " <pc>srwv932 O ~~ J ~L~' W }6TH PL i Q / -L..: -'~ F/~ f T TS~t. F S ~ V / ~. N 2 ~ ADD AVE { Y i ~ ~ ~I I ~ I~ 1` ~ G X 1 ew ~ ~ AREA OF V .54~ ~ I3EQU y1 ~ F...~ ,. ~~ y y- ~~ 9 Gy ycT i ~ ~ `',P~ i J /,' Jl TION ~ v ~~ W 36TH AVE 2-2 A P E SY. 357N AV E~ _ ~ _~_-_ - ~N. 1 G ~ l I(~r~\I J \V rV^ v ) . yw .o ~ ~ _ ..~ r o0 BRjn h --- ~- ._ i .~ ~ l ~ C r~ ~ ~ ~ ~I~ Jl MS-85 i i ~/ U ~~ ~ ~. V L 1 4 ` O ~.__ ._ C ~~ 1 I W . =J _ so' .~ I P(30-29) of 0] "~ 0_ M a y ~ I I I I %ASE NO. WV~93-2 EXHBIT 'A' RIGHT-OF-WAY MAP 35TH AVt N M N ~ ~ N ~ ~ rn 1 I a m ~ r a n 60' a e I rn u~ia 30' ~~~~- ~i P(74-49) i r• 30. ` 30' ``; ''{' /PUBLIC LANU c.; D(8tOa935e) rF~~ ' 60' r;;..: V ~`~ '`' J v jP P(z1-1s) G~' ~ ~ N } Jam, mV U G(21 ~ ~ 756J ~ ''D' f ~~~~ P(21-19} ~~ Q 1' C 2$' 1562 F- P(13t5-n~ W 5'~NU PL °' ~'C~ I n \\ 55' ~. ~ is SO' o~. O m ~~~a ~- P(21 -19) as ml Im 30' N~o~ a ) ~ o P(61 -60) a' ^ PAVED •fJ{hy N ~:•'.~`~~~ GRAVELLED •4IlJ. UNIlNPROVED t CITY COUNCIL MINUTES: Nlay 10, 1993 Page -5- Item 6. .^,ouncil Bill 10 - An Ordinance vacating a portion of Union Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to properties addressed as 3365, 3375, 3385 an~~95 Union Street. CCase No. WV-93-2) Council Bill 10 was introduced by Mrs. Brougham on second reading; title read by the Clerk; Ordinance No. 926 assigned. Mr. Middaugh explained that this is a City initiated vacation, that had previously been considered by Council, who had denied it. This version provides that the City's current 60 foot right of way be reduced to a 50 foot right of way in the affected area. There are a number of properties which are affected. On of the properties was the subject of the previous Council discussion that was unsuccessful. With this action, it would effectively address the problems experienced by the home owner, Terry Ammon. Terry Ammon, 3375 Union Street, was sworn in by the Niayor and spoke in support of this matter. Motion by Mrs. Brougham that Council Bi11 10 (Ordinance 926), a request to vacate the western ten feet oi' Union Street between Lena Gulch and West 39th Place, be approved for the following reasons: 1. Union Street has 60 feet of right-of-way, which is ten feet in excess of the local street standards; and 2. Staff recommends approval. With the following conditions: 1. The vacated right-of-way vest with the adjacent property owners to the west; and 2. A utility easement. be reserved over the ten feet of right-of-way being vacated; seconded by Mr. Shanley; carried 7-1 with Nir. Flasco voting No. Mr. Flasco feels that a special privilege is being given to one_individual by giving him two variances. Item 7. Amendment to a Final Development Plan for Coors Brewing Company, 10619 West 50tH Avenue. (Case No. WZ-93-u) Item 7 was introduced by Vance Edwards; Glen Gidley gave the staff report and answered questions. Bi11.Robie, 300 Lookout View Drive, Golden, representing Coors Brewing Company, was sworn in by the Mayor; presented the plan, asked for approval and answered questions. Motion by Vance Edwards that ..^,ase fdo. WZ-93-~> a request for approval of an amendment to a PID final development plan for property located at 10619 West 50th Avenue, be approved for the following reasons: 1. A11 utilities can .serve the_property; 2. All requirements for an amendment to a final development plan have been met; and 3. The proposal exceeds the minimum requirements for a PID zone district; seconded by Phil Edwards; carried 8-0. Z • __.. f --- ....._~ L', ~. i ._ . n ......... ....... ., _ _1 ~~3 INTRODUCED BY COUNCIL MEMBER SHANLEY Council Bill 34 ORDINANCE NO. qI~ Series of 1992 TITLE: AN ORDINANCE VACATING A PORTION OF UNION STREET ADJACENT TO 3365 UNION STREET (CASE NO. WV-92-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, right-of-way was previously dedicated for Union Street adjacent to 3365 Union Street; WHEREAS, said part of said Union 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; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: SQCtion 1 The following portion of Union Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated, to wit: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, THENCE SOUTH A DISTANCE OF 615.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 14 FEET EAST A DISTANCE OF 106.55 FEET; THENCE SOUTH 890 28.1 WEST A DISTANCE OF 30 FEET; THENCE NORTH 00 41 FEET WEST A DISTANCE OF 106.55 FEET; THENCE NORTH 890 28.1 EAST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING OF CONTAINING 3196.5 SQUARE FEET, MORE OR LESS. Section 2. Cond~+;on A utility and maintenance easement be reserved over the entire 30 feet. 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. More specifically, the land described above shall revert to the owner of 3365 Union Street. Section 4 of t .._1 u The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety-and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5 Sev rab'iity 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 • Ordinance No. Series of 1992 r' Page 2 jurisdiction invalid, such judgment. shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 2nd day of December 1992, 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 January 11 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 to this day of 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication: December 10, 1992 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordwv922 I move that Council Bill No. ~_ be approved on first reading, ordered published, public hearing to be set for Monday, ~ ~,c ~cr~r. f 1992 at 7:30 p.m. in City Council Chambers, Municipal Bldg., and if approved an second reading, take effect day/s after final publication. CITY COUNCIL MINUTES May 10, 1993 Page -5- Item 6 Council Bill 10 - An Ordinance vacating a portion of Union Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to properties addressed as 3365, 3375, 3385 and 3395 Union Street (Case No WY -93-2) Council Bill 10 was introduced by Mrs Brougham on second reading, title read by the Clerk, Ordinance No 926 assigned Mr Middaugh explained that this is a City initiated vacation, that had previously been considered by rouncil, who had denied it This version provides that the City's current 60 foot right of way be reduce] to a 50 foot right of way in the affected area There are a number of properties which are affected On of the properties was the subject of the previous Council discussion that was unsuccessful With this action, it would effectively address the problems experienced by the home owner, Terry Ammon Terry Ammon, 3375 Union Street, was sworn in by the Mayor and spoke in support of this matter Motion by Mrs Brougham that Council Bill 10 (Ordinance 926), a request to vacate the western ten feet of Union Street between Lena Gulch and West 34th Place, be approve] for the following reasons 1 Union Street has 60 feet of right-of-way, which is ten feet In excess of the local street standards, and 2 Staff recommends approval With the following conditions 1 The vacated right-of-way vest with the adjacent property owners to the west, and 2 A utility easement be reserved over the ten feet of right-of-way being vacated, seconded by Mr Shanley, carried 7-1 with Mr Flasco voting No Mr Flasco feels that a special privilege is being given to one individual by giving him two variances RECEPTION NO. 93107255 10.00 RECORDED IN COUNTY Or JEFFERSON STATE OF COLORPnO 7/21/93 12:15 INTRODUCED BY COUNCIL MEMBER BROUGHAM Council Bill 10 ORDINANCE NO. 926 Series of 1993 TITLE: AN ORDINANCE VACATING A PORTION OF UNION STREET (CASE NO. WV -93-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF Z ID JEFFERSON, STATE OF COLORADO ADJACENT TO PROPERTIES ADDRESSED AS 3365. 3375. 3385 AND 3395 UNION STREET. WHEREAS, right-of-way was previously dedicated for Union Street between West 34th Place on the north and Lena Gulch on the south; and WHEREAS, said part of said Union Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion of said street is not needed by the City for roadway or right-of-way purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The following portion of Union Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated, to wit: The west ten (10) feet of Union Street directly abutting the following legally described lots and tract: Lots 51, 52, 53 and 54 and Tract A, Applewood Village Subdivision - Second Filing, County of Jefferson, State of Colorado. Section 2. Condition. A utility easement be reserved over the entire SO feet hereby vacated. Section 3. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. i973, 43-2-02 to the adjacent property owners of record. More specifically, the land described above shall revert to the owners of Lots 51, 52, 53, 54, and Tract A, Applewood Village Subdivision - Second Filing; and Lots 27 and 28, Block 4, Applewood Village Subdivision. Section 4.eS of t l i, . The City Council hereby finds, determines, and declares t at thi V'brl*,yance is promulgated under the general police power of the City of, *eat Ridge, that it is promulgated for the health, safetypgand welfare of the public, and that this Ordinance is necessary)fvr*kbq preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Ordinance No. 926 Page 2 Series of 1993 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 h persons or circumstances. 21 Section 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of April , 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 May 10 , 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 7 to 1 , this 10th day of May 1 1993. SIGNED by the Mayor on this 11th day of May , 1993. RAY/WINGER, J , MAYOR Wanda Sang, .City Jork APPROVED AS TO BY CITY ATTORNEY lst Publication: April 20, 1993 Kathryn Schroeder, City Attorney 2nd Publication: May 18, 1993 Wheat Ridge Sentinel Effective Date: May 19, 1993 <pc>ordwv932 11011 TA711W 10 Yllj Oho YF.p ry tf2 w8 A7 oc"I *A%*Q Apokw" 7500 WEST 29TH AVENUE _ _ P.0. BOX 638 Th@ CJty 01 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~}, eat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rldge June 1, 1993 Mr. Terry Ammon 3375 Union Street Wheat Ridge CO 80033 Dear Mr, Ammon: Please be advised that your request for approval of a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council 'on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Planner attachments <pc>formletapp is rn~. ~~~a~~r r~,n„. P.O. BOX 638_ TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cwheat Ridge June 1, 1993 Ms. Pamela Ammon Mr. Chris Ammon 3385 Union Street Wheat Ridge CO 80033 Dear Mr. and Ms. Ammon: Please be advised that your request for approval of a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Planner attachments <pc>formletapp `°The Carnation City" 7500 WEST 29TH-AVENUE - - -- P.o.Box s3s _ The City of WHEAT RIDGE. CO80034-0638 (303j 234-5900 ~t1eSt City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge June 3, 1993 Ms. Barbara Bouwman 3395 Union Street Wheat Ridge CO 80033 Dear Ms. Bouwman: Please be advised that your request for approval oP a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, G ~~~~ - Planner attachments <pc>formletapp Ca e,~~,~~,Fd l'e,.„~