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HomeMy WebLinkAboutWV-93-8 P,O. BOX 636 TELEPHONE: 303/237.6844 The G' of 7500 WES728TH AVENUE • WHEAT RIDG E, CO LO RADA 80033 ~ `Wheat Ridge M E M O R A 1i D II M ' TO: Rick Solomon, Planner I OF WHEAT RIDGE FROM: Ric MineEor, City Engineer -~/I/L J' )v ~~'~~I ~~I~ , SDBJECT: vacation of Field Street ~ ~, MAY 091983 I DATE: May 5, 1983 ~ '*-~I~r ~ COMMUNITY DEVELOPMENT The section of Field Street could possibly be constructed if retaining walla were constructed adjacent to the lake and the lake area immediately adjacent to the new Field Street were dredged to allow no decrease in the lake's storage capacity ox if Field Street were constructed on a cantilevered structure over the lake. Whether or not right-of-way actually exists £or. this type of construction is a matter for the courts. No estimate of cost could be determined until the amount of dredging, height of retaining wall, and other factors axe known. _ The minimum cul-de-sac right-of=gay radius permitted under city ordinances is 45 feet. mY.e minimum right-of-way radius which would accommodate passenger cars and curb, gutter, and sidewalk facilities is 37 feet. The smaller radius would require a ;three move turn around for tenths and parking in the cul-da-sac would necessarily ~be banned. The attached sheet shows typical plan views for these cul-de-sac desi,yns. The cost for construction of these cul-de-sacs would be approx-imafely $20,H00. The rurzent parcel under the lake could possibly be devel- oped in the future if the lake were drai-ned for some reason. Field Street would then provide public access to that parcel. i 5Pe recommend Field Street not be vacated. Should a •. ._ion ' of this street be approved, we recommend dedica tios of right-of-way for cul -de-sacs from the same parcels which receive property via the vacation of Field Street. These . cul-de-sacs should conform witb,~City~standards. attachment ram/ddh s "The Carnation City" 1 i i r-~_~ r~ 'J' ~r°' ~i CASE wv-ns-~ ... .. . - __... SURROUNDINGS NER3NIP REQUESTS VACATE A PORTION OF FIELD >!T ^ 0 SO p0 ~0 Nf ~ t" ADDRESg ~'I€LD to FLOWER >!T ~L J] ~'ab:..-..~., _ . - ~ "°a~" SCALE ~ FEET 86 ~~ ~ - - • ~ ~ I 87 8~ I I I /89 91 ~ ATI~ V pC STED ' .. T O ~ .~~== ~y ROOMY V O Q Q J ~ W O S ._ \-. I ~ FF N - - r i W qQ ~q B;EL W L-~ r _ _` I h .. ~\ J r- ~'NOR7N 'N£NRY lff I , ~GARE ' ~ ~ ' ~ ~ ~\ ~ i ~l ' i i ~~ N K W _. . O LL ! I _~ -~ y nn ' ~ ~~ L W~32ND ft.. W LL ~, W ~ ~ i ~_ %- - G~/S ~A:N~ , V~ NOTE: ~...+..I 1 ZONING CASE BOOUN DECATES A CONDiF~ONOORI STIPULATION SpLANNED DEVELOPMENT, OR NOUSTRIAI REZONING 2) ~ 3) ALL ZONING DISTRICT BOUNDRIES,._.SD, .TO CENTER . OF STREET __ . ~ , w6A3l1REO DlA.ON'~l~.~Mlw1AFf.8E lNAOCti~l-71:.• FOR ACf~RtA7E DNENQIONR OF Mfg' MRTICq~1R zONE ~IiCe.OS.lI£RO~i. N ~.` •"Y 2 E y. _ ~~ r~ 1 ~~ W F 5 N _ ~ p Z 4! O - o _ c J V O w ~. ,,;; V --_---- --_». C 7 !n;~ E ~. N .1 C J Ntrl ~~ C I' ` ` ~ _ Y ~ ~_~ w 3 ---' ~' v ~ •Niw ~ ~ --}}---- 'p 4 C ~ ! -______• g ~ ~ ~ ~ . r o` ~t m ..o,_~; ~ ' -.-' i -- - ~ .. -`~_. ..: -:.. ca w=' .~ r. j ~. 2 ! i s ~' m Z .. ... i ~ . ~ -. C N .y `` w``~ ` -1 LJ _?!.~ _~ V a /~/___w~ i _ _ i= O ' = ' - -- ~ ' -- ,- /~~ ,.~! ~~' u --- ~a m __~ M W ..,. -.. CITY OF WHEAT RIDGE - MEMORANDUM Io PLANNING COMMISSION From JOHN E. HAYES, CITY .~TTORN~Y Subject WV-83-1/VACATION OF PORTIONS Date MAy 5, 1983 , f`/~/vG ApproveCF FIELD STREET Date v It has come to my attention that some questions exist regarding the above captioned vacation proceeding. As you know, this matter was litigated in the Jefferson County District Court and resulted in a judgment in favor of those seeking vacation in this matter, quieting title to the North Henry Lee Reservoir in those applicants. The Court specifically found that, "3. The dedicated right-of-way for Field Street as shown on the plat of Goodhart-Stoddard Subdivision, to the extent said right-of-way underlies the surface of North Henry Lee Reservoir, is servient and subject to the exercise of the water storage decree for North Henry Lee Reservoir, title to which k.as been quieted in the Defendants' and Defendant-Intervenors'. 4. That part of Lot 24 lying below the high-water line of North Henry Lee Reservoir was owned of record by Donald and Cora Solem as of July 17, 1979 and - - ------- , Plaintiffs have not proven the strength of their claimed record title to that portion of Lot 24. Plainti€€s therefore have no interest or claim to said real estate. - 7. The involuntary Plaintiffs have no interest or - -- claim to North Henry Lee Reservoir and, in particular, have no interest or claim to said reservoir or any right of access thereto for any purpose whatsoever, by ,.eason of--a-Declaration of Easement executed by John Shope and recorded in Book 1902 at Page 266, -- on September 8, 1961, Jefferson County Clerk and Recorder, nor by reason of a Warranty Deed from Margaret Goodhart recorded in Book 2642 at Page 891, - on 3uly 10, 1974, Je £ferson County Clerk-and Recorder." The City had, upon the stipulation of all parties, acknowledged that the City succeeded to whatever rights were vested in Jefferson County by virtue of the original plat approval and that any dedications for public right-of-way shown on the plats of either the G~~odhart-Stoddar3 or Aqua-Hell Subdivisions are valid to the shore o€ the existing reservoir. The Court specifically €ound, as a matter of law, Memorandum--Wheat Ridge Planning Commission May 5, 1983 Page Two "S. A dedication of public road right-of-way appearing in a plat is necessarily subject to the exercise of preexisting rights not owned by the subdivider, including an easement for operation and maintenance of a reservoir." Based upon these findings, I must conclude that the Court has 3etermi ned that any portion of the dedications of Field Street up to and including the shoreline of the - - existing Borth Henry Lee Reservoir have been negated by virtue of the ownership of the property in persons other than the dedicator. Accordingly, vacating that portion of - dedicated Fie 1d Street is accomplished for the purpose of - - - complying with the Court's Order. Any portions of Field Street which are dedicated properly, but are not yet developed,- most probably will not be developed by the City unless the City were to utilize its power of eminent domain to acquire _ the necessary rights-of-way for developing a continuation of Field Street. At this point, that appears to be highly unlikely. To my knowledge, no rights of appeal remain valid or existing _. in any party. Thus, the lawsuit from which the holdings have been quoted is, to the best of my knowledge, finally decided. - The Court's findings that the involuntary plaintiffs have no -- - interest or claim to, nor access to, the North Henry Lee _ Reservoir appears to 6e significant if there are requests from neighboring owners to deny the vacation to allow public access. The North Henry Lee Reservoir is, by Court Decree, not - a public facility, and therefore the City is under no obligation - to provide public access. It is my understanding that the suggestion was made that the - City sell a portion of its right-of-;aay to adjoining owners ~ - - rather than vacate th^ right-of-way. Except in very unusual circumstances this is not a favored procedure. If it appears that the dedicated right-of-way will not be developed or main- tained by the City, statutory vacation under C.R.S. 1973, £43-2-301 is the appropriate method by which to proceed, and , Section 302 mandates the vesting of title pursuant to vacation. _ wY.b C1TV Df WHEAT RIQ~ ;jnj;~~-inr~ 1'lr't(1 -; JLL 51983 I~ ~ ~ ~ ~ ~1L"L~L71S, ~, . ear~umrr D~aocra~!+- The r„airman Wheat Ridge Planning Commi si on flunicipal 5uildinq Wh rat Ridge. Co 80033 RE: Case WV - 8 - i Dear Commissionerq 3.:85 Flower St. Wheat Ridge, CO July 3, 198.: We the undersigned, all original petitioners Favoring vacation of Field Street, wish to withdraw the petition from consideration. It is with regret that this request is at the "eleventh hour" but final approval of the sale of one of the properties was not confirmed until duly 1. The new property owner is not interested in perYsuing the case, the other property owners on advice of their attorney and in view of the potential neighborhood hard feelings feel it hest that the matter be dropped. The time and effort expended by the commission and its staff in this matter is gratefully acknowledged artd much appreciated. /4' Donald and betty Donner __~ir.~i-d L~ t~C.l_ 338:1 Flower Street Paul and Sl ends Cheney 3465 Flower Street Doh and Ione Causbie 3190 Field Street Ruth Frehner 32:15 Ff eld Street Dr Fred Tepley 3233 Flower Street .~ ---zr_~1_Y -1 ?~--- U1hcAT RIDGE PLANNING DII[TSTUN STAFF REPORT _ Dat¢ o$ M1lCCL`cng: .4pri1 zl, 1983 D i`e Pfi¢^VING COnA1I SSI0ti paned: April 12, 1983 Cad¢ No, fi Nam¢: h'i'-83-1/Causbie CASE MANAGER: Nick Solomon Actiott Requ¢b#ed: Gacation of a portian of Field Street. Addn¢66 06 R¢quee t: Approximately 3300 Fi cld Street. Name ob AppCi¢ltnt(sl: Mr. $ Ftrs, Robert. E. Causbie Addnedd (¢b): 3290 Fie id Street Wheat Ridge, CO 80033 Nam¢ 06 OwnPJe(d): See attached petition. Addn¢~lb(eh1: . r•• r i s! r• r r• r•• r r•• r w r t• r r• r Yr • y r• r• i i r s r r Appnozima t¢ An¢a: 17,950 square feet. Pneeent Zoning: Residential-One A, Pn¢dent Land Ub¢: Residential and water reservoir. Sunnaunding 20n.i.ng: Residential-One A. Sunnoundcng Land Ub ¢: N: Lake; E, W ~ 5: Single Family Residences. Compn¢k¢nd.iv¢ Plan bon th¢ Anea: Low Density Pes idential. j • i Y! i R r r•• r i r•• r•• i•• r r 1• r• M k i r• i r r• r i• r r Date PuhGi,dhed: March 28, 1983 ~ Date PobQ¢d: March 29, 1983 . ~ Dat¢ Lega.C Noti.eed Sent: Mazch 29, 1983 ~ ' ~9¢n¢! CkecH.Eiat: F1 Afi3.aeked ^ Nat Requin¢d ReCat¢d Connedponden¢¢:l~Aticteked ^ Flon¢ r i i r r i r r• i r i r r•• R•• r i r• R•- F r r• r r• i}• i f•• r i Eaten into Reeond i ~ O Coxipn¢Jeend.Lve P.Can x&3: Cade a.i,fe fi Packet Alat¢ici¢fs } ^ Zoning OnrGinaitce ~# SQi.dea s" xf3Subd.Lv.i,dton Regulations x® Exlyi6.LtA . i •. it i• r i i r r s i r• r r s i•• r r• r'i~ DikO~• r• s• ~ i• i s r r S.tabb F.indi.ngs and Conc,Plxb.ions I. The property is within the City, all notification requirements have been met, a therefore there is jurisdiction to hear the case. II. Description of Request _ - The applicant requests an approval of a vacation.of a portion of Field Street - - adjacent to their property and Norih Henry Lee Lake. The applicant also requests ' ~ ~ - an exemption of any cul-de-sac turnaround as required under the Subdivision ' Regulations. - 'I. Character' bf -ihe Area y cc y ~ L y Y N..i L I N Y 'n Y F ' Y J IF Y Y .M O a F' ° D N O 1J O O rCJ ~ O _ % O m N tl tl> .~] !] 0 F H C Y C F A . tl .n V O •y Y V N V) O tl b .y T N O .-r F N . N .n Y (0 _~ N ..i +i 'O Y rf .n C F46 +' m .a , v ..... O i A 4~ a o Y tx. C~ w a m E v i u y' F K a F a w xa o ++- y O F o J .n C C.u F.r a.0 C O C A N O C O ~ U O ~ a U. d.N ~~ ~ W tp 4 C Y N ~ a ~> Y C n U. C.L ~ ^ O C% Y C N Y a¢ W 0.F ~ F ~ ~ o F F „~ .Zn ~ s J y L Y a ~ .04 Y...w vln'Q ' vv m ' ~;: W O F a O F ~ a D Y F O Z M U Y m Y O O i p- O~3 C .~ C ^ iyG CW yt ro'~ f a j tl M.r FN $ O . = O 0 M C f . E FY~y Y h ~ tl _ Y ~ N~ VJ 4 a. :N L a C >% O Nf~.C L O U N aF0 y E T n Y O Y ~. "~ ~ ~ a' O t=C ~~ ~ N F W _ Y € F O f f+. U 3~ F L'O r O N V O Z' O r m .Oi 3 N Y tr_d ~- 3 W ~• V oa u ~ a tlU' M Y 1 ~ ~ CL F ~; ;y O >~> N W Y .~ ~ O 0p o Z u = C e G = N~ r~ a U iC Fem. D { C r ~ Y 04 2 Z .n Y 4 ;1 t ~ .~ ~^ y 4 . E 4 a N L N ,~ ' 00 0 U 4~ 9 u l}' E T C y Y~ F J A~. Y O F y U H R T V ~ a F Zr F~^ z O y 0. 0 C N '~ 5 tl~+ ~ L ~w 9Y N T a Y y 3 W 9 u Y y M t ry U' j 6) O N a u Y C> 9 C i r il F ., d 0. >. a U C ~ 9 Q W tUi a~ N O y 4~ M L C`J Q F tCC C~ Z L 9 0 0 9 N N ~~ 0. Y J Y Y N ~° ~ 4 F O Y N O ati tly ~' F a> F N bOS .Y d F s W C C w ~ N O tF D Y a Y F'3 >~ O a . y O O 0. a p ..1 U U '^ .n Y 6 . C O Y j -n N F M; Y a~ £'~ tl ti 0 tl Y a ~ ~' Y f • F~ U a max y N j p D~ C Y Y ~ 01 w B .n 4j G -. .1 d ' " aer' a a.LO m e F Y 3 '~ a o ~ . ^ (C Z O C Op ~ O Y N 9 C ~ ~~ 4 C ~ F~ 3 S C M 4 O E O + ' N i [ i] N ~ L ` 4 s ti ...I fy .. -_ ^ WV-83-1/Cans bie Page 2 owners adjacent to thrs portion of Field Streer. have signed the petition for vacation and concur with the general pm vi si ons for the vacation (refer to attacheL reasons). i i r jjt ~, 11 I ~ - The applicant has submitted d-~cumen Lotion as to legal proceedings regarding property rights in this area. Staff ascertains that i:: 1963, the Jefferson County manager determined this section of Field Street not to he a deedad or dedicated public road: Staff also recognizes the court ordered decree that is esubjeci tto the hexerc ise of rpriordexisting waterestora telri vhtstofn petition, in this area, due to the fact that the mapped ri ht -o f- g g Pr'oPe rues (Refer to attached addendum material submi± g way underlies the reservoir. by the applicant.) ~'• ~ency Referrals Ct ty At t- o~ Z.~.e Court decree indicates that defendents own the bed of the lake so the City cannot extend Field Street without a dedication of the current owners or condemnation by the City, b9r. Hayes subjects his referral of cul-de-sac exemption relative to police and fire department referrals [see attached memo). City Engineer - Service to 3405 Flower Street may be impaired by vacation, assuming access curreht ly e•~i sts. Cul-de-sac exemption is not in puh lie interest, and ded r.ion for turnaround const ruci ion should be requires subject ~o vacation (see attached memo). Consolidated Mutual - 6 inch water mains currently exist in Field Si~reet and extend 330~feet north of West 32nd Avenue. Staff has determined that access co maintain this utility will not be impaired by this vacation. All other agencies, including the Wheat Ridge Police and Fire Depart menu, indicate ' adequate facilities and services exist and that there are no objections to the proposal. VI. Staff Conclusions and Recommendations Staff concludes that the proposed street vacation will not impair utility or public services in this area. Access to the Iake and 3405 FI oc+er Street may be affected by this vacation without dedication o£ cuI-de-sacs at the terminus of both streets. Although a standard cul-de-sac buJ' may require an excessive anount of land dedication, staff suggests a modit_ed turnaround facility for both Flower and Field Streets of a design endorsed by the City Engineer for emergency access, future changes, and consistent policy. ' Staff recomwends approval of Case No. WV-83-I subject to the provision of public turnaround facilities of a design recommended by tn+ Wheat Ridge Pu61ic Works Department. Such design should be prepared 6y the applicant prior to City Council hearing this case so that additional dedications :ay occur at the same time as the street vacation, mw I %. r '•: ~. ! f ,~ , :~;~' .~- ~.; -- ,.~« ,.~ .;~ .~ WV-83-1 OPTION b Vy.V-83-i G~TtON c ~ WV-83-1 OPTfbN a ~5~ ~ Ro .' ~' • .~ _k 'k. ~~ `: v F. ..~ . ~s;Ci ;~ ia-i ~~~ r ~ ~` HS'RAaus cut•o~•~ • ~,, ~. . _ 4 ,,,,. +.' «- .,~ .. ~, er +A. i~ b ~. ~. ~~` e '~ ~r~ ~ W y~ rj ~.o.w il' ~ ~: ..- FiiP r ~" •.. ~ i d I~ ~ ~ i ~ ~ ~ ~ f r~ a m v ~ ;'. ~ ~..~. -. I ~`,. ~ y y~ ~ a ~*~~ ~ n ~ ~ 1 •~.- ,f ~ r {.y~•T ri eA~ ~ •~l e- r ~' I E y rw k ,. ~. ,. ~ ~ ~ •~, ,~ ~, ~ . ., , ~ '~~u+SlsE~ .y +igy- ~R ~~'.~„~~ i g nT. Y~ .. ~K :"~} I ~ ~~ i[ * ' tea: ~.' ~ . ~; ~ ... ~a P ~. .~ .. •t...9 '~'~-. '~ .. a.~ MM ,~ ;. ~: ~ .. _ _ _~ ~ - ~~ Q north WV-83-1 OPTION d No. uK~ oc SuawvKw:v F'~ \T ~a ~~ .~. pN~ tLl O LL ~= ~-~-~ / ~~ .. rx°7 ~2 ~ ~Q~'3 -T~ ~~ ~ ~ _ °c~~'~ ~-`- ~~ rnec;ryof ADMINISTRATIVE PROCESS APPLICATION ~]Vheat Rid a Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033. Phone (303) 237-6944. _- ApplicantyAPn/~ .S ~aCla~1 d Address 3.7fS ~¢/d Owner Si9{+~Q f~S A,~ve Address Location of request =o Type of-action requested (check one or more of-the actions listed below. - which pertain to your request.) ^ Change of zone or zone conditions Site. development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary 8 Final (] ** See attached procedural. guide for specific requirements. Detailed Description of request sr„ List all peFSOns and-companies who hold an interest in the described real _., property, as owner, mortgagee, lessee, optionee,-etc. NAME ADDRESS Phone 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 PHONE _ _ _. _. s ._ + A.'. __.. __ _ .._..._. _... .. ... _._. ..a-_cc-_a~. .e-'..m :.e`er - .. ._'.5... - -.~ ''^9 -`hi.~ I certify that-the information and exhibits herewith submitted-are true and correct to the best of my knowledge and that iri filing this application, i am acting with the knowledge and consent of those persons listed above, without whose consent the requested actior. cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant Subscribed-and sworn to day^of~,/~ 19 D SEAL Received -- _ _ tary Pii 3 c My commission expires ~ l Receipt No. Case No. ~~'`- i v -- ~. ~~ ~ ~~ ~~~~ ~:~ ~ ~ ~~~ ~' ~~ ~~~ y ~~ ~~ ~ s ~~.~ ~~ ~~ ~ ~~ ~ ~ ~~~ ~~~ ~~ -y.., --- ~`~ ~. 5 i '~~ lam,? I ~/ x~~ ~ ~. r ~ ~~ ~ JJ ~ ~'~ a~ ` D n ~, p ` ~p r ~_ ~}.~y ~ • D ~- ~~ ....., ~ ~ ~~ Ir ~- ~~' `~~ c~ ~y ~ -~ ~_ ~: -- 1 ~ = _- . ~~ ~~ ~~ ~ ~-~ _ ~ ~. ~, ~. ~_ ~ -~~ 1 c~ ~ . 3~ , -. ,-~ r ~ -- n G cf m C 4 c~+ `F o ~ m ~ In O ~ c+ 1-i N In ~ N• O ~D N N Vt ~ ~ ~ O. O ~ 0 N CS ~ c~ N ¢']O~ TA N N• .'"5 O k5 (D (D M ~ ~ ~ ~ 1 Win ~ O ~O .'S' N O O N ~ ~ c~1- ~ ~ ~" ~ r~•a m~°+ow m ~' ~ A .tract of _land -lying in the .NE '1/4 of Section 27, _ Township 3 South, Range '69 West of the 6th Principal. - -- Meridian, City of Wheat Ridge, County of Jefferson, State, _ of Colorado, described as follows: _ THAT PORTION OF THE UNNAMED STREET NORTH OF AND ADJACENT TO LOTS 16 AND 23 OF GOODHART-STODDARD SUBDIVISION' LYING _ AND BEING SOUTHEASTERLY OF THE NORTHERLY EXTENSION OF THE -WEST LYNE OF SAID LOT 16 AND NORTH OF THE NORTH LINE OF SAID LOT 16, AND NORTH OF THE NORTH `LINE OF SAID LOT 23 AND IT$ EXTENSION EASTERLY TO THE' EAST LINE OF FIELD STREET. TOGETHER WITH THAT PORTION OF FIELD STREET LYING NORTH OF A LINE FROM THE PCR ON THE EAST LYNE OF LOT 23 --- .__ .OF GOODHART-STODDARD SUBDIVISION TO THE-PCR ON THE WEST- ----- LINE OF LOT 24 OF GOODHART-STODDARD SUBDIVISION. SAID GOODHART-STODDARD. SUBDIVISION BEING RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY. OF JEFFERSON, STATE OF - -- - - COLORADO AT PLAT BOOK 7 PAGE 46. Said. tract containing 15,230 square ,feet.more.or less. = `- ,- SEE EXHIBIT_A ATTACHED HERETO AND INCORP-ORATED HEREIN BY REFFERENCE. - _ _ `- 1 __ ~/ -~ A tract of land 1yin~ in -the NE 1/4 of Section 27; - -, -.- - -- Township 3 South, Rdnge 69 West of -the 5th Principal,- Meridiany _City of Wheat 4idge, County of Jefferson, State of Colorado, described as follows: THAT PORTION OF THE UNNAMED STREET NORTH OF AND ADJACENT "- TO LOTS 15 ANO 23 OF GOODHART-STODDARD SUBDIVISION, LY'YNG AND BEING 'SOUTHEASTERLY OP THE NORTHERLY EXTENSION __ THE LJEST LINE OF-SAID LOT 15 ANA-NORTH OF THE-NORT1~i LINE OF SAID LOT Z5: AND NORTH OF THE NORTH LINE OF SAID LOT 23 - AND ITS EXTENSION EASTERLY TO THE..-.EASTLINE OE FIELD _-_ STREET. SAID GOODHART-STODDARD ~ SUBDIVISION BEING RECORDED IN TF;E OFFICIAL RECORDS 0~ -THE COUNTY 0!= JEF- _ - PERSON, STATE OF COLORADO AT FLAT BOOK 7 PAGE 4S. Said tract containing _1'3,925 --square feet more o ess. Sa' 'tract to e used as r ' ~,~-of ,:way' for._W. __ ve- nue. -4 _ - - - - - - _. - _ __ ._ _ - - -- .._. .__. ~ _ _ - r -~ V r ~CVHIBIT „ ®„ • 3385 FLOWER I ~ •t~.~~cgT/~``;:•, ~ _ ~- LOT 16 _:: ::..,::. ~ :. / _ 3390 FLOWER ~~. * ",~~-~- i LOT 24 '~ LOT 23 KIMBALL Q I LOT 17 McCLOUD 3290 FIELD i 3255 FIELD 3330 FLOWER ~ LOT 25 _ ~ I SOLEM 3260 FIELD ~ ~ _ W LOT 26 Q 3230 FIELD ~ W ~ ~--i -- - (s., I ~+ ~. ~ ~ . _ ~~'' ~ ~ _ ~~ ~i~ , .. .. 7500 WEST 297H AVENUE Tl7B Clty Of P.O. BOX 638 WHEAT RIDGE: CO 8D034-0638 (303)234-5900 ~1Vheat City Admin. Fax # 234-5924 Police Dept. Fax # 735.2949 Ridge The Wheat Ridge Department of Community Development has received a request for approval of a right-of-way vacation for an unused portion of-Field Street under Lake Henry Lee at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by July 12, 1993 No response from you by this date will constitute no objections or concerns regarding this proposal. - CASE NO: WV-93-8/Mc1J'oud LOCATION: Field Street extended between Field & Flower Streets REQUESTED ACTION: Right-of-way vacation PURPOSE: Disposal of City-owned land to adjacent property owners APPROXIMATE AREA: 12,000 square feet 1. Are publ-'c facilities or services provided by your agency adequate to serves 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 ~.(ave 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 ~'es and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency-has identified which would or should affect approval of~/r~t-his request? Please reply to:- /~'~'1c~~~L~C-/~-<-~~~•~-l, M- uPnkart _ Department of Planning & Development DISTRIBUTION: XXWater District (Con. Mut.)Denver Water Bd. TCI of Colorado XXSanitation District (Westridgd XXFire District (Wheat Ridge Adjacent City ( ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. XXWheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division s, ~ ,.~,•,,., Public Service= July 8, 1993 Ms. Meredith Reckert Dept. of Planning and Development The City of Wheat Ridge 7500 West 29th Avenue P.O. BOX 638 Wheat Ridge, CO 80034-0638 Case No. WV-93-8/McCloud Dear Ms. Reckert: Pu61ic Service Company of Colorado 2701 W.7th Avenue Denver. CO 80204-4174 This proposed street vacation has been field checked and the findings verified by our information maps. We have no gas or electric facilities in said proposed vacation and have no special conditions accompanying this request. Sincerely, t Tony Wilco Right of Way Distribution TW:lm Agent Right of way CITY OF WHEAT RIDGE ~ . _ 2n_2 JUL 16 1993 PLANNING & DEVELOPMENT 27-3-69 2112-156 IU~~T ~RIDGf fl~~ ~~O1~C110f1 DISI~IC1 P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 July 2, 1993 Ms. Meredith Reckert City of Wheat Ridge Department of Planning and Development 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 RE: Case NO. WV-93-8/Cloud, Field Street e~rtended between Field & Flower Streets Dear Meredith: This will acknowledge receipt of your correspondence dated June 30, 1993. The fire district has reviewed the plan provided wherein the City is considering vacating the right-of-way under Lake Henry Lee at Field Street. We do not object the right-of-way vacation. Please to contact me if you have any questions. Sincerely, i~i<K%'.vr~ aniel E. Ladd District Manager CITY OF WHEAT R)bGE `1U1- ~ ~ 1993 P1~1NNlNG & DEVFyp ! ~ THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue P.O. Box 150068 LAl0iW00D, COLORADO 80215 Telephone 238.0451 July 6, 1993 ~!$Y pF Ht~{EAT RIDGE ,~~~~ ~~ III JUL ~ ~ 1993 ~. 1~-r~}~U~'i~ Ms. Meredith Reckert PLP~[`lfdit•"; .• DEVELOPMENT' City of Wheat Ridge Department of Planning and Development P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: City of Wheat Ridge Case Number WV-93-8/McCloud, proposed right-of-way vacation of an unused portior. of Field Street under Lake Henry Lee (Field Street between Field and Flower Streets.) Dear Meredith: This will acknowledge receipt of_-.your correspondence received on June 29, 1993. regarding the -above referenced property. - - - We do not have any objections to the proposed vacation of an unused portion° of_Field=Street under Lake Henry Lee since none of the Company's facilities would be affected. If you have any questions or comments regarding this correspondence, please. contact -this office. Sincerely, ~~~ R9bert J. Rivera Vice-President Engineering and Operations RJR:jl cc: Wally Welton, CMWCo President Lynn Newman, CMWCo Chief Engineer Michael Queen, CMWCO Superintendent of Distribution 09-06-93 06:16AM FFOM MET1'~ -ESIGN CNTE Mo~ntafn Beil FACSlMILtE COMMUNICATIONS 7RANSMtTTAL SNEfs"T A y i WiST CC~RAnr PO1 se t9•i + YMPER Oi' i'w6 3 (II+CW +rvG TniR MOq. 1 ~ / ~p 9~j ''~,' ~ plLPO~ITION 4F ORiO1NALS AFTER 7RANEMISSIONi .,: RETURN VIA MAIL TQ= ( MMwND OSLIVER { 60 iV IM 1 ~i t ~ ~ NM~ 1 I( ~ 0657kOY PICIf•UP I N + L7 T n +'1 VM^ 1 ~5TAiGT. ~ ~~~ ~ I NO.~ ~ 1 YI 4(/~~/ E~ U I SI.G ~•.• "U FROM: + + w c n REFER TO TI{E'•MOUNTAIN 6ELL REFEAiNGE GU1pE"FORA ~~~ 1 ar/ _ ~~•~ LISTiNpOFGOMPANY FACSIMILE LOCATIpNSANO FAX NUMdLRS ~ 'S; /110e2-t%1C.ul'~ U S Gc%ST` ~ {-•_~.._.,~ .~_~.~ _ ~s`~/ i iTwEETa y.+•• ~ Ti.Tka ~ ~~~~ I rz~z r C~.v( ~ ~ ~ 1 ~ F '~et,~.~d ti Ca G-, SPEGALINSTRUCTFON5: IP YOU ENCOUNTER PR09LEM3 DURiNCr TRANSM1SSIdN. CONTACT: ~' IPRY ~~[q IRCV. a9p COMMUN/CA77C7N5 TO EXONtiN6i ~~` OATL 10 YOVRZ3 TRYLY. 09-06-93 06;16AM FROM ME, N DESIGN~i~1'~ OF WHEAT RIDG~ ~ r~2nn n~ JUL 0 6 1993 7800WE57297HAVENUE ~u~ ity0f P.O.90X 638 WHEA7RIDGE.CO80034-Ofi38 Pss~~.~S~ooEVE<o~heat CityAdmi~.Fax#^34.5924 Police Dept. Fax#235-29x9 ~R,idge P02 The Wheat Ridge Department of Community Development has received a request for -,g, of a right-of-way vacation for ap unused portion of Field Gtra~t .Si~`Y, Lake Henrv Lea -- a t e proper y described below. Your r®sponse to the •~ollowing questions and any comments on this proposal wau3.d be appreciated by Jul 12 1993 No response from you by this date will constitute no ob sot ons or concerns regarding this proposal. CASE NO: WV~93-8/MCploud LOCATION: Field Street extended between Field & Flower Streets REQt3rrSTED ACTION: Right-of-way vacation PURPOS$: ni~posal of City owned land to adjaaexst property owners APPROXIMATE AREA: 12,000 square feet 1. Are public Facilities or services provided by your agency adequate to sere this deveiopmant7 YES NO if "NO", please explain below. 2. Ar® service lines available to the development? YES~_ NO____T If "NO", please explain below. 9. Do yo have adequate capacities to s®rvice the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development eub,ject to your rules and x•egulations? . YES- NO Tf "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect agprovai of this request? ~ / ' P1®as® reply ta: /'~~~'~~'~./~=E=~~~t•t ~a7- Rankarr Department of Planning & Development DISTRIHT3TION: XXWater District (Con. Mut.)Denver Water Sd. TCI of Colorado XXSanitation District (Westridgd Jefferson Co. Health Dept. XXFire District (Wheat Ridge Jefferson Ca. Schools Adjacent City ( ) Jefferson Co. C©mmigsioners xXPublic Service Co. Wheat Ridge Post Office XXUS W®at Commuxsi.aations XXWheat Ridge Police Dept. State Land Use Commission XXWheat Ridge Public Works Dept. state aeologiaal Survey Wheat Ridge Parke & Recreation Colorado Dept, of Transportation Colorado Div. of Wildlife {pc>referraiform 0626-92 Wheat Ridge $ldg. Division a .;~~.,, 09-06-93 O6; I6AM FROM ~IE~ N DE5ICN CNTR ~ P03 7500 WEST 29TH AVENUE ThB Clfy 0f P.O. BOX 639 WHEA7 RfDGE. CO8003a•a838 (3031234590D ~~leat City Admin. Fax # 23a•592a Police Dept. Fax # 233-2949 ~.1(~ge The Wheat Ridg® Department of for anoroval of a right-oi-w Development for an unu, received a request ortion of Field ., n.....k.~~ .._ .. ,-... ....-..... Your response to the following ques one and any comments an this proposal would bs appreciated by July 12. 1993 No respons® from you by this date will aonstltute no objections or concerns regarding this proposal. CASE NO: WV-93-$/Mal'loud LOCATION: Field Street extended between Field & Flawer Streets REQUESTED ACTION: Right-o£-way vacatzan PURPOSES Disposal of City-owned land to adjacent property owners APPRQXIMATE AREAS 12,OD0 square feet 1. Ara public fac313tiee or services provided by your agency adequate to ecru this dev®iopment? YES NO If "NO", please explain below. 2. Are a®rvica 11nes available to the development? YES NO If "NO", gleasg explain below. 3. Do you have adequate capacities to service the development? YES~_ NO If "NO", please explain below. 4. Can and will your agenoy service this proposed development subject to your rules geld regulations? YE9~,~ NO If "NO", please explain below. 6. Axe there 8ny cancarns or problems your agency has identified which would or should affect approval of this request? Pleaae reply to; ~`'cr~•~~c~~L'•~~~M ~,~rkari- Department of Planning & Development DISTRISUTION2 XXWater District (Con. Mut.)Denver Water XXSanitstion District (Westridg2) XXFire District (Wheat Ric)ge Adjacent City ( ) Public Service Co. XXU9 West Communications State Land Use CommiBSion State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 8d. TCI of Colarado Jefferacn Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Poet Office ~ Wheat Ridge Police Dept. XXWheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Biv~. of Wildlife Wheat Ridge 81dg. Division r .. ..,•,... Wheat Ridge Dept of Planning and Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 c/o Mr. Greg Moberg r (~SE NO. WV-93-8 EXHIBIT 'C' Dear Mr. Moberg: August 4, 1993 I would like the following to be read into the record, at the August 12th Public Hearing of the Wheat Ridge Planniing Commission, regarding the proposed vacation of the Field St. extension ,between Field and Flower Streets, or specifically, case *WV-93-8. Since there is a chance that my husband and I will be out of state on that date, and therefore unable to attend on our own behalf. As a homeowner who would be directly affected by the proposed vacation, we would like our views to be considered by the Members of the Commission. We would 1 ike to state that we are very much opposed to the street being vacated. We feel that an access to the lake is a necessity, should there be a fire on our street. We don't have a fire hydrant on Flower, and should the necessity arise, we feel the lake should be accessible for pumping. From a safety standpoint, we feel the street should be put in and maintained, as such. On occasions when the Fire Dept. has been present on our street (Flower), they have had an extremely difficult time in maneuvering their equipment, due to the narrow confines of the street, and the location of irrigation ditches. For the sake of safety, we would request, that if this Street extention should be vacated, that the City maintain a legal access to the lake, should it be needed ,and that the City would require a cul-de-sac be put at the end of both Field and Flower Streets at the lake, so-that fire and other emergencyvehicies might maneuver into an effective position with the utmost speed and efficiency. At the present time, that is impossible. ~ // ~~~ Respectfully, r ~~ L } Gilbert D Gross E Gi i rt D. Gross DAATE Nadine Gross ` , ~ ~ /l ~~~~°« ~~'~c~-¢.' C, ~~4 I ~ 3330 Flower St. "~ladine Gross DATE Wheat Ridge, Co STATE OF COLORADO COIINTY OF JEFFERSON The above letter signed before me this 'T day of Augusi;, ?'3g'3.. ~. Notary My Commisslon Expires Ot /27!96 8582 W. Coltax Lakewood,CO 80215 - ' August 12, 1993 n WHEAT RIDGE DEPARTMENT OF PLANNING AND DEVELOPMENT, CASE NO. WV-93-8/MCCLOUD: PROPOSED VACATION OF PART OF FIELD STREET EXTENDED. COMMENTS FROM MS. JULIA E. H. TAYLOR ON BEHALF OF THE NORTH HENRY I LEE RESERVOIR IMPROVEMENT CORPORATION TO THE WHEAT RIDGE PLANNING COMMISSION, AUGUST 12, 1993 I am Julia Taylor, 3480 Everett Street, Wheat Ridge, and I represent the Board of Directors of the North Henry Lee Reservoir Improvement Corporation. I am the Secretary, and Past President of the Corporation. The current President, Ann Herbert, regrets other commitments prevent her from attending tonight's meeting, and she has asked me to represent the Board of Directors in her place. The North Henry Lee Reservoir Improvement Corporation is a Nonprofit Colorado corporation, incorporated in 1981. The Corporation's official legal address, and registered office, is 3480 Everett Street, Wheat Ridge, CO 80033-5861. Correspondence concerning the Corporation's interests should be delivered to that address. The object and purpose of the Corporation is to own, protect, defend, and manage the decreed water storage rights of the North Henry Lee Reservoir for the benefit of the membership of the Corporation. The members own property adjacent to, or have access through legal easement to, the reservoir. Members in good standing must own rights in the Agricultural Ditch and Reservoir Company and the Lee Lateral Ditch Company and be current in all assessments approved by the Corporation and the ditch companies. I have received a copy of the Planning Commissions Staff Report, dated July 28, 1993, related to the vacation of a portion of Field Street extended (Case No. W V-93- 8/McCloud) and wish to make several corrections of fact to the report. Any references to a "Lake Association" in the staff report should be changed to the "North Henry Lee Reservoir Improvement Corporation." Section II. CHARACTER OF THE AREA, last paragraph: "In order for Field Street to be built, retaining walls would need to be constructed adjacent to the lake and the lake would have to be dredged so that no storage capacity of the lake would be lost " The City of Wheat Ridge lacks the legal authority to take this unilateral action without permission from the owner of the storage right. Section III. HISTORY OF THE PROPERTY, last paragraph: "Please note that the North Henry Lee Lake Association will not participate in the application until they know that the Ciry will require turnarounds at the end of Field and Flower Streets." This paragraph should be deleted and removed from the record. t + a The Corporation has taken no official position on the road vacation. At the Annual Meeting of the Corporation held May 10, 1993, Mr. McCloud asked the Corporation to endorse the road vacation proposal. After discussion, a motion was approved by the members to establish a committee of those Corporation members affected by the vacation. This includes the McClouds, the Kimballs, the Tepleys, the Dormers, and Julia McKendry (legal representative of Glenda Cheney). The committee was charged to meet and deliberate on the vacation issue and present recommendations to the Board of Directors. A report has not been received by the Board of Directors. When the report of the committee is received, the Board of Directors and members will consider the question of endorsing or not endorsing any proposal to vacate the road at issue. The Corporation has no recommendations at this time concerning the road vacation or construction of turnarounds. Decisions by the Wheat Ridge Planning Commission concerning the proposed road vacation should be delayed until all property owners directly involved have reached a consensus. Corporation members are very concerned about public turnarounds being established adjacent to the shoreline, a concern that is also recorded in the Planning Commission's record of a similar vacation proposal made in 1983 (W V-83-i). Public access to the shoreline enhances membership liability, as well as harassment from rowdy people attracted to the lake. The 1983 record documents the problems associated with the existing Everett Street turnaround, and I would like to report, as a resident on that turnaround, that these problems have continued through the years with the added problems of drug use and sale, trespass on private property, vandalism of private property, etc. Numerous Wheat Ridge police reports document these problems. In terms of harassment, we are obliged to counsel non-members wanting to launch boats or rafts, children wading in sediment containing broken glass, people throwing rocks at ducks, geese, and other people, etc. We wish to be good neighbors, but we do not wish to assume any additional liabihty. Also under section III, HISTORY OF THE PROPERTY: It should be noted that when Field Street was originally platted, it extended all the way to Garrison Street. The portion from Flower to Garrison was vacated some years ago as the road was platted across a corner of the Aqua Belle Subdivision, land not owned by the Goodhart-Stoddard developer. It should be noted that the road was also platted in an existing decreed storage right (priority number 4, in Old Water District No. 7, dated July 4, 1876). The land the road occupies presently belongs to the City, but aright-of--way to cross the under-water portion does not exist. As long as the water storage right is owned by someone other than the City, aright-of-way cannot be exercised (even by the land owner) without the permission of the storage right owner. Water storage right ownership is superior to land ownership. RESPONSE TO THE AUGUST 4,1993 LETTER FROM GILBERT AND NADINE GROSS TO TIIE WHEAT RIDGE DEPARTMENT OF PLANNING AND DEVELOPMENT The Corporation is sensitive to their safety concerns for water in case of fire, and as good neighbors we would not deny use of the water in the event of a fire or other emergency. However, it should be noted that the Gross's have no ownership interest in the storage right or in any of the ditches that feed the North Henry Lee Reservoir. The storage right owners could sell or drain the lake for dredging without their consent. It is unreasonable for anyone to assume they could usurp water from a reservoir they do not own. Providing public access to our lake, and increasing our liability, merely for the purpose of "safety" in the event of fire is not a reasonable or responsible policy. The public does not own the reservoir. The Corporation does not maintain the reservoir for the benefit of the public, nor for the public welfare. 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 August 12, 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 -93-8• An application by Harold S. McCloud for approval of right-of-way vacation for an unused portion of Field Street extended between Field Street and Flower Street north of West 32nd Avenue. Said property is legally described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 3 South, Range 69 West of the Sixth Principal Meridian, in the City of Wheat Ridge, Jefferson County, Colorado, described as: Beginning at a point on the East right-of-way line of Field Street, the West line of Lot 24, Goodhart-Stoddard Subdivision, lying 44.51 feet northerly along said boundary line from the Southwest corner of said Lot 24 and on a curve concave to the Southwest of 450 20' 04" central angle, 100-foot radius and 41.76-foot tangent length; running thence Northwesterly along said curve 79.12 feet to its point of tangency; thence North 630 30' 14" West along the Northeasterly right-of-way line of the subject Field Street 329.76 feet to its point of intersection with the North boundary of Goodhart-Stoddard Subdivision, identical with the South boundary of Aqua-Belle Subdivision; thence South 890 27' 46" West along said common boundary 88.01 feet more or less to its intersection with the Southwesterly right-of-way line of the subject Field Street on the Northeasterly line of Lot 15, Goodhart-Stoddard Subdivision; thence South 630 30' 14" East along said platted Southwesterly right-of-way line of Field Street and skirting Lots 15, 16 and 23 of said subdivision 408.16 feet to the point of curvature of another curve concave to the Southwest of 320 20' 09" central angle, 60-foot radius and 17.4-foot tangent length; thence Southeasterly along said curve 33.86 feet more or less to a point whence the aforesaid point of beginning bears North 890 49' 46" East 43.68 feet; thence North 890 49' 46" East 43.68 feet to said point of beginning. 2. Case No WA-93-1~- An application by Lutheran Medical Center for approval of a Master-Sign Plan with variances to allow signage within sight distance triangles at 8300 West 38th Avenue. Said property is legally described as follows: A tract of land located in the northwest one-quarter of Section 26, Township 3 South, Range 69 West, of the 6th P.M., and the northeast one-quarter o£ Section 27, Township 3 South, Range 69 West, of-the 6th P.M., Jefferson County, Colorado, described as follows: Beginning at a point on the line common to said Sections 26 and 27 from which the north corner common to said Sections 26 and 27 bears NO°10'56"E a distance of 35.00 feet, said point being the south line of that tract of land described in Book 2577 at page 401 of the official records of Jefferson County, Colorado; thence N89°52'56"E parallel to the north-line of said Section 26 and along the south line of that tract of land described in said Book 2577 at Page 401 a distance of 986.03 feet to a point on the east line of the west one-half of the east one- half of the northwest one-quarter of the northwest one-quarter of said Section 26; thence SO°04'52"W along the east line of the west one-half of the east one-half of the northwest one-quarter of the northwest one-quarter of said Section 26 a distance of 1290.82 feet to the southeast corner of the west one-half of the east one-half of the northwest one-quarter of the northwest one- quarter of said Section 26; thence N89o56'28"E along the north line 'of the southwest one-quarter of the northwest one-quarter of said Section 26 a distance of 269.43 feet to the northwest corner of the east 60.00 feet of the southwest one-quarter of the northwest one-quarter of said Section 26; thence SOo02'50"W along the west line of the east 60.00 feet of the southwest one-quarter of the northwest one-quarter of said Section 26 a distance of 878.70 feet to a point on the north line of the south 447.40 feet of the southwest one-quarter of the northwest one-quarter of said Section 26; thence N90o00'00"W along the north line of the south 447.40 feet of the southwest one-quarter of the northwest one- quarter of said Section 26 a distance of 842.40 feet to a point which lies 417.40 feet easterly of the west line of the northwest one-quarter of said Section 26; thence SOo10'56"W parallel to the west line of the northwest one-quarter of said Section 26 a distance of 417.40 feet to a point 30.00 feet northerly of the south line of the northwest one-quarter of'said Section 26; thence N90o00'00"W parallel to said south line a distance of 208.70 feet; thence NOo10'56"E a distance of 417.40 feet; thence N90o00'00"W a distance of 208.70 feet to a point on the west line o£ the northwest one-quarter of said Section 26; thence SOo10'56"W along said west line a distance of 417.40 feet to a point 30.00 feet northerly of the southwest corner of the northwest one-quarter of said Section 26; thence S89°43'26"W parallel to the south line of the northeast one-quarter of said Section 27 a distance of 200.00 feet; thence NOo10'56"E parallel to the east line of said northeast one-quarter a distance of 417.40 feet to a point on the north line of the south 447.40 £eet of the east one-half of the northeast one-quarter of said Section 27; thence S89°43'26"W along the north .line of the south 447.40 feet of the east one-half of the northeast one-quarter of said Section 27 a distance of 607.65 feet to the southwest corner of Lot 8, Lutheran Subdivision, a subdivision recorded in the official records of Jefferson County, Colorado; thence NO°07'42"E along the west line of said Lutheran Subdivision a distance of 833.55 feet to a point of curvature, said point being the southwest corner of that vacated portion of West 35th Avenue, thence continuing NOo07'42"E along the west line of that vacated portion of West 35th Avenue a distance of 74.91 feet to-the southwest corner of Lot 24, Longview Subdivision, a subdivision ,... recorded in the official records of Jefferson County, Colorado; thence NO°07'42"E along the west lines of Lots 24 through 18 of said Longview Subdivision, a distance of-700.00 feet; thence N89o47'55"E along the north line of said Lot 18 a distance of 199.50 feet to the northeast corner of said Lot 18; thence NO°07'42"E along the east line and its northerly extension of Lot 17 of said Longview Subdivision a distance of 123.07 feet to a point on that agreed .line described in Reception Number 86128262 of the Jefferson County records; thence easterly along said agreed line of the following three courses and distances: 1) S80o40'23"E a distance of 33.34 feet; 2) S77°55'06"E a distance of 75.09 feet; 3) S73o19'13"E a distance of 79.81 feet to a point on the west line of the east 426.80 feet of the northeast quarter of said Section 27; thence NO°10'56"E along the west line of the east 426.80 feet of the northeast one-quarter of said Section 27 a distance of 487.00 feet to a point 30.00 feet south of the north line of said Section'27 and 426.80 feet west of the east line of said Section 27; thence N89°52'25"E parallel to the north line of the northeast one-quarter of said Section 27 a distance of 232.99 feet to a point on the west line of that tract of land described in said Book 2577 at Page 401; thence SOolO'56"W parallel to the east line of said Section 27 a distance of 5.00 feet to the southwest corner of that tract of land described in said Book 2577 at Page 401; thence N89o52'25"E a distance of 193.80 feet to the point of beginning, containing 94.320 acres, more or less. ATTEST: Wanda Sang, City Clerk Sandra Wiggins, etary To be Published: July 27, 1993 Wheat Ridge Sentinel <pc>pnwv9381msign 7500 WEST 29TH AVENUE ~_ P.o. sox s3s The City of WHEAT RIDGE. CO 80034-0638 (3031 234-5900 cheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge July 29, 1993 This is to inform you that Case No. T,~7~7_q~_p which is a request for approval of a right-of-way vacation for an nnllGP portion of Fi ~d Str ex nded b w n F; ~ Yppt n~ Fins r Street 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 August 12, 1993 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before"'the fanning CommiGaiOn As an area resident or interested party, you have the sight 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' ~. _ s ,r -~ 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 15y 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 nc~ contact your Planning Commissioners or Council people to di~;~uss the merits of a case prior to the public hearing. It ~~ould jeopardize your representatives' ability to hear t:-:e case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this fili..^ is that it rer_uires a 3/4 majority of City Council to approve a request. If you have questions regarding-any of the .aformation given above, do not hesitate to contact a planner ~t the City offices by calling 235-2846. The Planning & Develcc~ent Department is open Monday through Friday 8:30 a.m. througn 5:00 p.m. <pc>adjpropowner d~ q m m x E w ti i a ~ ~ o 'd m ¢ ~ ~o `~~ `m o ' a ~ " ° f 8 y m :? E ..0 3 ~ a h o m ¢ ¢ ~ R7 `n °~ ^ ^ m m ° . 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CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared: July 28, 1993 Date of Meeting: August 12, 1993 Case Manager: Meredith Reckert Case No. & Name: WV-93-8/McCloud Action Requested: Vacation of a portion of Field Street extended Location of Request: Field Street extended between Field and Flower Street Name & Address of Applicant(s): Harold McCloud 3255 Field Street Wheat Ridge, CO 80215 Name & Address of Owner(s): Same ----------------------------------------------------------------- Approximate Area: 17,940 square feet Present Zoning: Residential-One A Present Land Use: Residential & water reservoir Surrounding Zoning: All sides: R-lA Surrounding Land Use: N: _Lake; ~, E, W: Single-family residences ----------------------------------------------------------------- Date Published: July 27, 1993 Date to be Posted: July 29, 1993 Date Legal Notices Sent: July 28, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ---------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other 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 Commission Page 2 Case No. WV-93-8/MCCloud I. REQUEST The applicant requests approval of a vacation of a portion of Field Street extended adjacent to his property and south of Henry Lee Lake between Field Street and Flower Street. II. CHARACTER OF THE AREA The portion of Field Street-requested to be vacated .begins approximately 350 feet north of West 32nd Avenue right-of-way and extends approximately 450 feet northwesterly toward the terminus point of Flower Street. Both Flower and Field Streets dead end at the edge of North Henry Lee Lake with no turnaround facilities existing other than private residential driveways. Most of this section of Field Street is inundated under the banks of North Henry Lee Lake. Single family residences predominate this area. There are no curbs, gutters or sidewalks along Field or Flower Street. In order for Field Street to be built, retaining walls would need to be constructed adjacent to the lake and the lake would have to be dredged so that no storage capacity of the lake would be lost. III. HISTORY OF THE PROPERTY In 1983, a similar request was initiated by property owners along the south side of the proposed vacation. The request was reviewed by Planning Commission, however, no recommendation was made as the petitioners withdrew the application. See attached minutes under Exhibit 'A'. When the applicant applied for this request, Staff agreed to utilize some of- the paperwork from the old file including the legal description. Included under Exhibit 'B' is a copy of the original survey of the legal description used for Case No. WV-83-1. The legal description used for both cases (old & current) includes right-of-way which extends past the western edge of the Flower Street right-of-way. Staff has concern including this portion as the property addressed as 3405 Flower Street uses this part of the Right-of-way as access. Staff, therefore; recommends that the legal description be revised to extend only as far as the eastern right-of-way line of Flower Street. (See Exhibit 'C'. No other properties will be landlocked if the vacation is approved. Please note that the North Henry Lee Lake Association will not participate in the application until they know that the City will require turnarounds at the end of Field and Flower Streets. IV. AGENCY REFERRALS All agencies have no problems with the proposal as there are no utilities in the area requested to be vacated. i ~ Wheat Ridge Planning Commission Page 3 Case No. WV-93-8%MCCloud Public Works supports the vacation but will require provisions for a turnaround at the end of both Field and Flower Street where they dead end at the lake. At the time of this writing, Public Works has not reached a conclusion as to what type of design is desirable. It will most likely be one of the designs included as Exhibit '~}'. The design of "the turnaround needs to be chosen prior to public hearing by City Council. V. CONCLUSIONS Staff concludes that the likelihood of Field Street extended being built is very remote, as it is 80$ under water. Staff further concludes that there are no utilities in the right-of-way and that no properties would. be landlocked if the vacation is approved to the eastern right-of-way line of Flower Street. For these reasons, a recommendation of Approval is given with the following conditions: 1. The vacation extend only as far as the easterly right-of-way line of Flower Street. 2. Turnaround designs acceptable to all parties involved be agreed upon prior to the City Council public hearing. VI. RECOMMENDED MOTIONS OPTION 'A': "I move that Case No. WV-93-8, a request for approval of an unused portion of Field Street extended between Field and Flower Streets, be vacated for the following reasons: 1. There are no utilities in the right-of-way. 2. No properties have access from the right-of-way. 3. Staff recommends Approval. With the following conditions: 1. The vacation extend only as far as the easterly right-of-way line of Flower Street. 2. Turnaround designs acceptable to all parties involved be agreed upon prior to the City Council public hearing. OPTION 'B'; "I move that Case No. WV-93-8, a request for approval of an unused portion of Field Street extended between Field and Flower Streets, be Denied for the following reasons: 1. 2. 3. " <pc>srwv938 CASE NO. WV-93-8 AGENCY REFERRALS SUMMARY XX Fire: Wheat Ridge) No problems. Schools: XX Water: (rnnaol;dated Mutual) No facilities within proposed vac- XX Sewer: (westridgel XX US West Communications: No problems. XX Public Service Co: ~Qo problems. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: CITY DEPARTMENTS XX Public Works: G„pp~r+a vaCat;on but will require a turnaround Parks & Recreation: XX Police: Can serve, Building Inspection: pc/Agencyrefsum ~_ .. -. _. s i CITY OF WH?.AT Y.I~r~E~~~__•,•;-;.;~ ~-:.'MISSION - APRI.-71, 1983 - ~- ~- -- -~-~-3: - PLEDGE 'OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA ' Commissioner WINGER moved that the Wheat Ridge Planning Commission ay~nda fa A i r pr l 21, 1983, be approved. Commissioner SCpMA seconded the motion. Motion carried, 5. PUBLIC FORUM - No one came forward to speak. B. PUBLIC HEARING ' A. Case No. SUP-83-2 (continued from 3-17-83):Application b 3445 F y enton Associates for approval of a Special Use Permit to allow a i wa ver of landscaping buffer requirements on property located at approximatel 3445 y -51 Fenton St. ' Mr. Solomon stated that the applicant had requested anothez 1 continuance of this c ase. Commissioner SCOMA made a motion that Case No, SUP-83-2 be continued indefinitely C i . omm ssioner LONGO seconded the motion. Motion carried unanimously, i B. Case No, WV-83-1: application by Mr. and Mrs. Robezt Causbie fox approval of a Vacation of a aE approximately ~"0 Fi ld a b e a ' ~ e Street djacen to North Henry Lee Lake. Mr. Solomon presented the comments of Planning Staff, He asked that th e Subdivision Regulations, Case File, Packet ~~ Materials, Slides Exhibits d ,. an other documents presented be entered into the record which Chairman JOHNSON accepted, Commissioner SCOMA ascertainedthat the street requested fox ? ' Vacation was 40' right-of-way, about 804 of that portion is unde t s r wa er. The applicant,Mrs. Robert Causbie, 3290 Field Street was , sworn in. Commissioner CERVENY requested that he be allowed to absain from decision making on this case because his firm is acting as ~ .. agenE for the applicant and it would not be approp-late fox him to m k a e a decision in this case. ' ' - Commissioner PRESTON made a motion that Mr. Cerveny be allo d t . we o abstain. - Motion was seconded by Commissioner SCOMA. Motion carried unanimously. 2 ' r7 CITY OF 4JA£AT RIDG£ ~_......_:~~ C0;IMISSION - APRIL 21, 1363 Mrs. Causbie s- ted that all of the prope.~ty surrounding the lake is privr_-a .': owned, however, the :cater storage right is owned by the ::- - r.enry Lee Improvement Oorporation. She referred to =YCourt decree-which indicated that the property owners own the L=_d of the lake and the portion of Field Street - requested to '~_ ':seated was under water. This would preclude the City using t}.=_t ?ortion without a dedication of~the current property owners. ;,rs. Causbie stated that Staff comments indicated no c-x sition by any agencies and the only problem ' indicated Ly =_ta'f was the need of a public turnaround at the termir.'_s c° Fie 1d Street. i:rs.- Causbie stated that the - main objecticn ~' the property owners to the turnaround was'that it would creatE a public nauisance. A cul-de-sac would attradt many people to the lake and she felt that the privacy of the -- property owners :could be infringed upon-since the lake is private property and not for use by the public: However, the prcperty owners Y.ave'no abjection to people in the neighborhood using the lak_, ~ut they would have to get permission from the property owners. Regarding a modified cul-de-sac, Mrs. Causbie stated that i_ :aculd still allow the publio access which would _ - be a nuisance. She stated that the pol.ce department could - ~ -- - verify the proLlEms with the Everett St. turnaround which presently exists. ;ors. Causbie again pointed out the the - City Attorney, ?dice Department and Fire Department nave no - - objections tc th_s Vacation request. Don Donner, 33E~ Flower, was sworn in. He agreed with the - comments made '~~ t4rs. Causbie and augmented those comments - stating that ::e '.:ad no problem with people turning around ~ - - in his driveo:av since there were only about one or two cars a day who use i:is driveway to turnaround. He did not se_ the ' need for a cuL-de-sac since it would be surrounded' by water ," and not providE ing_~ess-egress oa to homes. - _- Julie Taylor, 3430 Everett, was sworn in. She spoke in favor of this request. She stated that the Corporation ocros the - water storage rights to the resevoir and the Corporation feels , that ice skaters are we?come, but the behavior of the people are a probler... they don't intend to prohibit She neighbors who wavld bE ic,vited as- guests to use the reservoir. She felt that a pudic turnaround adjacent to the lake would - create a nuisance. Dr. FreB Tepley, 3390 Flower Street, was sworn in. He spoke in favor of t=_ application and agreed that the turnaround would be a nu`__a-:ce. It would eliminate the prettiest part of his property :r;ich is a-rock garden at present. Gilbert Grces, ?330 Flower, was sworn in. He oras opposed to the Vacation r :•.:est. He asked echo would get this land if it were yBCdtEd. ~=E :acs informed that the people who originally dedicated it sc'~_'_d get it back. He felt that if this Vacation were granted that the property owners should provide a cul-de-sac. ~~ _ _. .CITY 0£-WHEAT RIDGE PLA.[7";IPIG 'CO?i?iISSiON - APRIL 21, 19:3 Gene Iacino, 3275 Flower, was sworn in. He spoke in opposition, to the Vacation request. He felt that the property owners should provide a cul=de-sac. He felt the land is very valuable and should not be given away. When this land was platted, it was platted for a~street, according to Mr. Iacino. Christine Park-P!ayes, 1700 Glen Gary D^ive, was sworn in. She sgoke in opposition to the Vacation request. She stated that she owns the property at 3250 Flower Street. She stated that this matter is still under appeal and the Court decision could be turned around. She felt a turnaroundwas needed. The Fire Department pumps water from the lake. She felt this Vacation, if-granted, would take away the right of individuals who wished to use the lake. She felt that a regular size _ cul-de-sac should- be provided and not~a modified cul-de-sac. There was no one else present who wished to speak for or in opposition to this application. Planning Commission discussion followed and provision of the cul-de-sac was discussed. Staff was question about recommenda- tions on the cul-de-sac and staff-felt that Public Works should _ . ~ make the recommendation. In addition, conerns were expressed regarding fire protection. Since there were questions needed ' ', to be answered relating to cul-de-sac desi n and fire Planning Commission felt that perhaps thisgcaseshouldpbetectior., continued. Commissioner PRESTON stated that he wanted staff to give the Planning Commission a specific recommendation on cul-de-sac requirements on Field and Flower Streets and he wanted more information on the use of water from the lake by the Fire department. and. location of fire hydrants. Commissioner PRESTON ~ stated that if the specific cul-de-sac requirements are satisfactory he would support Vacation of this portion of Field Street provided that an easement agreement be obtained on that part of Field St. located on the Chaney property. 1 Therefore, Commissioner PRESTON made a motion that this ' Case (WV-83-1) be continued to the meeting of May 19, 1983. Co~mnissioner LONGO seconded the motion. Motion carried~(6-0) - Commissioner CERVENY did not vote on this. 4 f , .. .. .. ~ . .... ......, .r-.. s. ..< .~ y P ~ '1 O < n ~ '~~. H A ^I ' S 1 C Y r 1'. (° W f~ ~~ v. > ~' ~ i, r - ~ c' p w ' o rj ~ 1 ~ Y ~ O r ~'~ll n. m q. 1'I C N ~ ro ~ ; ~~~~~D ~~~8~~ ~ ` ~ Z O ~ ' . .~~~ 1 ~ G ; ~ y ; F .. ~ C "~ i r1:. f !y n 4r g ~ z~z -1 n C . :~ I >F pU .q ~ ~ ~ ^ ~. $ tai 5' .s * ., it o ~'$ g m ,~~ { w A~C~ m r 1 a . S -I 14 (p m ~ .. 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' _ _ J~ ~J~ it 86 ~ ~ -87 -~ ~ . a~ 8~ !OD _. 9~ --= , ~i t NOTE: I) GENERALLY BOUNDED BY THE FOLLOWING STREETS: W. 38th AVE W. 32nd AVE CC y) ZONING CASE t+0_ INDICATES A CONDITJON OR STIPULATION, PLANNED DEVELOPMENT, OR INDUSTRIAL REZONING. 3) ALL ZONING DISTRICT BOUNDRIES, .SO .TO CENTER . OF STREEF .._ ~ y~Y,~.~L~iATE• FOR ACCgiA1E O~B'I~IOti OF ANY t•ARTICtLAR ZONE 2 ~ DNC~014 ns.yw1i.OR.i -- _ .. .... • .... •:. ~ . -. ~ _~ W W o 0 ~. ~ ROCKY NOUNTdI _ \ ~ ~. _ _y_ \/VV/ ._-~ i O ~ Q ~ )) t ~~ ~~ o _ ~,N ~ _~. O p __, '. ~ ~~~~~ ~ 1 ~ ~ . _ . ~~_ _______~ .4- ~ __ ' C ~ ' y .......Z. `~~ \``` , N ._Pw.'F:X _: ___~_~ p ~~~~~~ ~ d _ ~~/s~` ~ O ~Pirki ~~. may. A C ~__~ ~ ~~~` ~• J ....... 0 ~~~ ` ``~ / ' / ~ Fm _ ,f i ~ a `. i .. ~ mo -- ~"~ N ~' ~ ) 1 l ~ ~ w . , ~ r '. .. .~_. }~ ~: ~ # ~ ~ ^' €. p ~ ., _~ ' . ~. • q• i ,,~ K N n e ;- 0 m 'z 0 ~^ ~' o y :O ~1 N V ...~ V -_ I? Planning Commission Minutes August 12, 1993 ASE 1V0. WV-93-8 EXHIBIT 'B' Page 3 No one signed the roster, nor came forward to speak at this time. 7. PUBLIC HEARING' 1. C~s_e_ No. WV-g3-g• An 'application by Harold S. McCloud for approval of a right-of-way vacation for an unused portion of Field Street extended between Field Street and Flower Street north of West 32nd Avenue. Ms. Reckert presented the staff report, which included slides. Entered ahd accepted were the Comprehensive Plan, case file packet materials and slides. Ms. Reckert made mention of Exhibit 'D', a reiteration of the recommendation made by Public Works Department, which she had previously provided to each Commissioner. This exhibit was also entered and accepted into the record. Acting Chairman CERVENY asked if most of the requested vacation was in the lake front? Ms. Reckert stated that was correct. She added that the major issue in considering the requested vacation would be the decision regarding how to handle the end of each street. Acting Chairman CERVENY asked if the vacation is approved, would ownership of the land in question revert back to Mr. McCloud. Ms. Reckert stated that the land probably would be divided, 20 feet going to Mr. McCloud and 20 feet to the property owner to the north. Ms. Reckert noted that some question exists whether the original dedication is legitimate. _ Acting Chairman CERVENY asked if the Planning Commission-had to ~~~ make recommendation regarding who would receive the land? Ms. Reckert stated no, the property would vest in accordance with Colorado State Statues and would depend upon how they were dedicated originally. Harold McCloud, 3255 Field Street was sworn in. Mr. McCloud gave a brief history of the subdivision. He stated he had plans to build a boat dock and possibly a gazebo and retaining wall. He opposed installation of the street, due to increased traffic and parking problems, increased nighttime activity around the lake by young people and the expense. Discussion was heard concerning the cul-de-sac/turnaround options at the end of Field and Flower streets. Don Donner, 3385 Flower Street was sworn in. Mr. Donner stated he had resided in the area of 20 years. He was in favor of vacating the right-of-way, however; he did not-want a cul-de-sac installed. Planning Commission Minutes Page 4 August 12, 1993 Mr. Gidley made an announcement requesting those individuals parked in areas reserved for police vehicles to move their cars. At this time (8:00 p.m.) Commissioner ECKHARDT entered the public hearing. Mr Donner stated 3f the street was installed, setbacks would become nonconforming and other problems would be created. He added that at the present time, individuals use his driveway or lawn to turn around and he has no problem with that. Kit Kimball, 3290 Field Street was sworn in. Ms. Kimball stated she was in agreement with Mr. McCloud and Mr. Donner. She is in favor of the street vacation. Ms. Kimball stated she had questions regarding the requirement of cul-de-sacs at the end of Field and Flower Streets. Ms. Reckert stated the provision for requiring turnarounds is primarily for emergency vehicles. It does not necessarily have to be a cul-de-sac bulb, there are other options, but a turnaround of some type would be a requirement of the Subdivision Regulations. Ms. K~bail asked if the condition stating "all parties involved" would pertain only to those properties immediately adjacent to the requested vacation? Ms. Reckert stated that she was referring to adjacent property owners, the fire district and City staff. Ms. K"mbal had also some question regarding how the property title would be transferred. Acting Chairman CERVENY stated that the transfer of title would be according to State law and the property would revert back to the original owner, prior to dedication. Ms. Kimball stated that those property owners immediately adjacent or directly affected by the proposed action do support approval of the vacation with the condition that the turnarounds on Flower and Field Street are acceptable. She asked if the City recommended continuance so that some of these issues could be resolved or proceed-.with the action and assume that City Council would finalize the loose ends. Ms. Reckert stated there were two options: 1. Planning Commission could. agree that the property or a portion be vacated, but that a specific design be adopted prior to public hearing before City Council; or Planning Commission Minutes Page 5 August 12, 1993 2. Planning Commission could grant a continuance allowing Staff time to agree on specific design recommendations. Acting Chairman CERVENY asked if 100 percent approval was necessary. Ms. Reckert stated that would be favorable, however, sometimes not possible. Acting Chairman CERVENY asked about the possibility of retaining a portion of the right-of-way in case a. turnaround might be needed in the future. Ms. Reckert stated some type of turnaround must be installed if the right-of-way is vacated. She added that Public. Works has not had the opportunity to take measurements of the area, in order to know what could be installed. Acting Chairman CERVENY reiterated that no turnaround exists presently nor had ever existed. Ms. Reckert stated that circulation possibility Acting Chairman CERVENY future turnaround, woul~ Ms. Reckert stated that vacation 3s approved. Discussion followed. in vacating the right-of-way the would be eliminated. asked if adequate land was reserved for a 3 that fulfill the requirement. something physically must be done if the ,_,,, „MS. Kimball..reit,erated__a continuanc.e_:of the case might be the best choice at this time. Julia Taylor, 3480 Everett Street was sworn in. Ms. Taylor stated she represented the Board of Directors of the North Henry Lee Lake Reservoir Improvement Corporation. She read a letter into the record. Elizabeth Meyers, 9120 West 35th Avenue was sworn in. She pointed out her residence on the map projected on the screen. Ms.. Meyers ob3ects to granting the street vacation and to any type of turnaround. She stated that traffic and late-night partying in the area would increase with these proposed improvements. Nadine Gross, 3330 Flower Street was sworn in. Ms. Gross read a letter into the record. Chri tine Mover, 1700 Glen Garry Drive, Lakewood was sworn in. Ms. Moyer stated that she owned property at 3250 Flower Street. Planning Commission Minutes Page 6 August 12, 1993 She is opposed to vacating the right-of-way. She felt the street should be constructed for the sake of safety. Ms. Moyer told of a past experience when emergency vehicles had difficulty in gaining access to her property. She stated that emergency vehicular access could/should be improved. J~3 is McKendr~, daughter of Glenda Cheney (an adjacent homeowner), 9843 West 83rd Avenue, Arvada, was sworn in. Ms. McKendry stated she has Power of Attorney for her mother, who is incompetent. She stated that if a cul-de-sac is constructed, and if cars parked at the cul-de-sac, entrance to her mother's home would be blocked. She noted that her parents had never encountered problems, with emergency vehicles getting in and out of their property. Acting Chairman CERVENY explained Staff's recommendation regarding the actual proposed right-of-way vacation. Ms. McKend~ reiterated her concern of access to her parents' home. Acting Chairman CERVENY noted that most likely a "hammerhead" type of cul-de-sac would be constructed, which would require significantly less land. Ms. Reckert stated no parking would be allowed on the cul-de-sac due to the lack of area. Carol Ferric, 3210 Flower Street was sworn in. Ms. Ferris was concerned about emergency vehicular access and the lack of a fire hydrant on her street. _,,.,Mr, Gidley stated that the turnarounds could be posted "no parking". Should the street be built, it also could be posted "no parking". Acting Chairman CERVENY suggested consideration of continuation to-allow time for those in ownership of the lake to come up with a plan. Commissioner OWENS moved that Case No. WV-93-8 be continued to allow time for the North Henry Lee Lake Reservoir Improvement Corporation, adjacent property owners and City staff to devise a plan for cul-de-sacs or turnarounds at the end of Field and Flower Streets. Commissioner JOHNSON seconded the motion. Mr. McCloud stated his concern was that Public Works would not make a recommendation regarding an acceptable aul-de- sac/turnaround at the end of both Field and Flower Streets. Discussion followed. Planning Commission Minutes Page 7 .August 12, 1993 Mr. Gidley suggested continuance. of the case to the second meeting in September, September 16 and the request Public Works Department to provide you with their recommendations. Commissioner OWENS moved that Case No. WV-93-8 be continued to the second meeting in September (September 16) to allow Public Works Department an opportunity to make a recommendation relative to what design(s) would be acceptable. Commissioner JOHNSON inquired if it would be possible for Public Works to come up with a design based upon the legal description for the area and provide it to interested parties in advance of the public hearing before Planning Commission. Commissioner OWENS revised his motion to read the Case No. WV-93- 8 be continued to October 21,- to allow Public Works time to prepare cul-de-sac/turnaround design(s) utilizing the legal description. This design(s) would be provided to interested parties no later than September 16 .for their consideration. Commissioner QUALTER-I recommended that a staff member be present at meetings held between the applicant and other interested/adjacent property owners. Motion carried 6-0. 2. Case No WA-93-1i~ An application by Lutheran Medical Center for approval of a Master Sign Plan with variances to allow signage within sight distance triangles at 8300 West 38th Avenue. Commissioner OWENS moved that Case No. WA-93-11 be continued to September 2, 1993. Commissioner CRUMPTON seconded the motion. Motion carried 6-0. 3. uses No. WV- 3- An application initiated by the City of Wheat Ridge for approval o£ a right-of-way vacation of a portion of Jay Street between West 35th Avenue and Kendall Street. 4. Case No MS-93-~•_ An application by Roy T. Littlejohn for approval of a two-lot minor subdivision for property located at 3490 Jay Street. Mr. Moberg presented the case. Entered into the record and accepted were the Comprehensive Plan, Subdivision Regulations, Zoning Ordinance, case file and packet materials, slides and exhibits. Commissioner QUALTERI asked Mr. Moberg to clarify on the map projected the most current design iteration. PUBLIC HEARING SPEAKERS' LIST CASE N0: WV-93-8 DATE: Auaust 12, 1993 REQUEST: An application-by Harold S. McCloud for approval of right- of-way vacation for an unused portion of Field Street ex-_ tended between Field Street and Flower-Street north of West 32nd Avenue. i ; Position On Request; i ; (Please Check) SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) ~ IN FAVOR ~ OPPOSED ; V ~~~ i~sQ~-~~~w C~ M E M O RAN D U M TO: Steve Nguyen FROM: Meredith Reckert, Planner RE: Field Street Vacation DATE: August 30, 1993 As you know, at the August 12, 1993 Planning Commission meeting, Commission requested Pub13c Works review and choose appropriate turnaround designs for the dead-ends at Field and Flower Street. They have requested that a decision be made no later than September 16, 1993, so the neighborhood has a chance to review before the October 21, 1993 Planning Commission meeting. MR:slw cc: Case No. WV-93-8 E ~_ i _ --- - ..~ ~ ~~ _ 'G ~~,T' ~t vv~n(3~~ I~ I ~~ ~ ~~~-~ e~ -- - --- ~- -¢I;a~2~S~-- _ - 3~~s~ ~~.¢~~~- - ------ ~38s-~ -rte ~ ys--s- ~-=.. 3 33a _. -_ ~ 7-d ~ ~ . c ~ ~ ~-~ __ ~ ~ -~ _ r .~- _, ~ 1 i~~ ~~~~ J l~ ~~ ~, D' ~2.~C G~'.-fie. ,~.~,<.~_ - - - - ~ ~~ ~ ~~ ~~ ~p ~ ~-.. l _. ~ - _. ~' G~v~ X _ ~~ ~~~~ ?500 WEST 29TH AVENUE ~ __ __ The City Of F O. BOX 638 WHEAT RIDGE. C0 80034-0638 _ (3031 234-5900 ~ ~ Thew} City Admin. Fax ~ 234-5924 Police Dept. Fax ~ 235-2949 ~ ~idge October 8, 1993 This is to inform you that Case No. WV-93-8 which is-a request for s~.F~-F'rov~' ..F a right of-wav va ation for an unused- __ _ _' nort.i orl of Fi end Street extended bPtn en Field Street and Flower Street 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 October 21 1993 __ ,._ - __ All owners and/or their legal counsel o£ the parcel under consideration must be present at this hearing before the Pl nnina 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' Dear Adjacent Property Owner: If you-have received this notice, you reside or own property adjacent to a property involved in a land use oase-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 app_ication 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 i~d 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 r ~~ _/ 1 /~'`~ l~3255 ~% ~ . r _. ~ ~- ~ rE ,~ .329 D ~.,4e.e.~ ~ . ~'' ~~ ~y~ ~. ~._ ~ _ . X33 0 ~1 ~' ~. .1, 1~~~'"~eu~ ~ ~~ ~~~~ ~~ ~..~ -~- E~ ~-c-. ~.,\\ ~ ~~~ ~ ~ ~~2~~ .~~3v ~la-~w-ems S~ . w ~2 ~ ~ i ~.__ ~ ; ~~~~ g~~ ~ ' ~, -~ M E M O RAN D U M TO: Planning Commission FROM: Meredith Reckert, Planner RE: Case No. WV-93-8 DATE: October 12, 1993 At their August 12, 1993 meeting, Planning Commission reviewed a request for approval o£ a vacation of Field Street between Field and Flower Streets north of West 32nd Avenue. A motion was made for continuance so that Staff could meet with the neighborhood with specific .turnaround designs for the termination of Field and Flower Streets.- Please find attached under Exhibit 'A' minutes from the August 12 meeting. Staff met with 12 area residents on October 7. The proposal made to the residents is included under. Exhibit 'B'. The proposal for_the Field_Street turnaround would utilize the existing driveway of the applicant in this case (McCloud). No other physical improvements would be necessary aside from a "no parking" sign at the dead end, however, a small amount of right-of-way must be acquired to ensure the turning movements will take place fully on City right-of-way. -There was unanimous support for this aspect of the_Public Works recommendation. In regard to the Flower Street turnaround, Staff recommended that a 20 foot X 25 foot. piece of land be acquired from the property located_at 3390 Flower Street to allow an "L-shaped" movement. In addition, Public Works recommended that a portion of right-of-way-for Field Street-west. of Flower be maintained to ensure access to 3405 Flower Street. A consensus was not reached regarding the Flower Street configuration. , One Faction of the audience feels that Field Street between Field and Flower should be extended through (even if it means going to court with the lake association). Another faction feels that nothing should be done (i.e., no additional physical improvements). However, the new owner of 3405 Flower Street --- was in attendance and supported Staff's design recommendation, but would like to have further negotiations regarding the actual location of the turnaround. Staff concludes that the construction of Field Street between Field and Flower is unlikely to occur. As shown on Staff's Exhibit 'B', the issue. of access. and turnaround areas for emergency vehicles have been addressed. For these reasons, a.recommendation of Approval is given for the vacation of Field Street with the following condition: Right-of-way acquisition and turnarounds be provided for in accordance with Staff's Exhibit 'B' and that the exact location of the turnaround on Flower be negotiated with the new property owner. MR:slw attachments _ GASE NO. WV-93-S EXHIBIT 'A' Planning Commission Minutes Page 3 August 12, 1993 No one signed the roster, nor came forward to speak at this time. 7. PUBLIC HEARING 1. Case No. WV-93-8: An application by Harold S. McCloud for approval of a right-of-way vacation for an unused portion of Field Street extended between-Field Street - and Flower Street north of West 32nd Avenue. Ms. Reckert presented the staff report, which included slides. Entered and accepted were the Comprehensive Plan, case file packet materials and slides. Ms. Reckert made mention of Exhibit 'D', a reiteration of the recommendation made by Public works Department, which she had previously provided to each Commissioner. This exhibit was also entered and accepted into the record. Acting Chairman CERVENY asked if most of the requested vacation was in the lake front? Ms. Reckert stated that was correct. She added that the major issue in considering the requested vacation would be the decision regarding how to handle the end of each street. Acting Chairman CERVENY asked if the vacation is approved, would ownership of the land in question revert back to Mr. McCloud. Ms. Reckert stated that the land probably would be divided, 20 feet-going to Mr. McCloud and 20 feet to the property owner to the north. Ms. Reckert noted that some question exists whether the original dedication is legitimate. Acting Chairman CERVENY asked if the Planning Commission had to make recommendation regarding who would receive the land? Ms. Reckert stated no, the property would vest in accordance with Colorado State Statues and would depend upon how they were dedicated originally.. Harold McCloud,. 3255 Field Street was sworn in. Mr. McCloud gave a brief history of the subdivision. He stated he had plans to build a boat dock and possibly a gazebo and retaining wall. He opposed installation of the street, due to increased traffic and parking problems, increased nighttime activity around the lake by young people and the expense. Discussion was heard concerning the cul-de-sac/turnaround options at the end of Field and Flower streets. Don Donner, 3385 Flower Street was sworn in. Mr. Donner stated he had resided in the area of 20 years. He was in favor of vacating the right-of-way, however, he did not want a cul-de-sac installed. Planning Commission Minutes Page 4 August 12, 1993 Mr. Gidley made an announcement requesting those individuals parked in areas reserved for police vehicles to move their cars. At this time (8:00 p.m.) Commissioner ECKHARDT entered the public hearing. Mr. Donner stated if the street was installed, setbacks would become nonconforming and other problems would be created. He- added that at the present time, individuals use his driveway or lawn to turn around and he has no problem with that. Kit Kimball, 3290 Field Street was sworn in. Ms. Kimball stated she was in agreement with Mr. McCloud and Mr. Donner. She is in Favor of the street vacation. Ms. Kimball. stated she had questions regarding the requirement of cul-de-sacs at the.end of Field and Flower Streets. Ms. Reckert stated the provision for requiring turnarounds is primarily for emergency vehicles. it does not necessarily have to be a cul-de-sac .bulb, there are other options, but a turnaround of some type would be a requirement of the Subdivision Regulations. Ms. Kimball asked if the condition stating "all parties involved" would pertain only to those properties immediately adjacent to the requested vacation? Ms. Reckert stated that she-was referring to adjacent property owners, the fire district and City staff. Ms. Kimball had also some question regarding how the property _ title would be transferred. Acting Chairman CERVENY stated that the transfer of title would be according to State law and the property would revert back to the original owner, prior to dedication. Ms. Kimball_stated that those property owners immediately adjacent or directly affected by the proposed action do support approval of the vacation with the condition that the turnarounds on Flower and Field Street-are acceptable. She asked if the City recommended continuance so-that some of these issues could be resolved or proceed with the action and assume that City Council would finalize the-loose ends. Ms. Reckert stated there were two options: 1. Planning Commission could agree that the property or a portion be vacated, but that a specific design be adopted prior to public hearing before City Council; or Planning Commission Minutes Page 5 August I2, 1993 2. Planning Commission could grant a continuance allowing Staff time to agree on specific design recommendations. Acting Chairman CERVENY asked if 100 percent approval was necessary. Ms. Reckert stated that would be favorable, however, sometimes not possible. Acting Chairman CERVENY asked about the possibility of retaining a portion of the right-of-way in case a turnaround might be needed in the future. Ms. Reckert stated some type of turnaround must be installed if the right-of-way is vacated. She added that Public Works has not had the opportunity to take measurements of the area, in order to know what could be installed. Acting Chairman CERVENY reiterated that no turnaround exists presently nor had ever existed. Ms. Reckert stated-that in vacating the right-of-way the circulation possibility would be eliminated. Acting Chairman CERVENY asked if adequate land was reserved for a future turnaround, would that fulfill the requirement. Ms. Reckert stated that something physically must be done if the vacation is approved. Discussion followed. Ms. Kimball reiterated a continuance of the case might be the best choice at this-time. 57ulia Taylor, 3480 Everett Street was sworn in. Ms. Taylor stated she represented the Board of Directors of the North Henry Lee Lake Reservoir Improvement Corporation. She read a letter into the record. Elizabeth Meyers, 9120 West 35th Avenue was sworn in. She pointed out her residence on the map projected on the screen. Ms. Meyers objects to granting the street vacation and to any type of turnaround. She stated that traffic and late-night partying in the area would increase with these proposed improvements. Nadine Gross, 3330 Flower Street was sworn in. Ms. Gross read a letter into the record. Christine Moyer, 1700 Glen Garry Drive, Lakewood was sworn in. Ms. Moyer stated that she owned property at 3250 Flower Street. Planning Commission Minutes Page 6 August 12, 1993 She is opposed to vacating the right-of-way. She felt the-street should be constructed for the sake of safety. Ms. Moyer told of a past experience when emergency vehicles had difficulty in gaining access to her property. .She stated that emergency vehicular access could/should be improved. Julia McKendrv, daughter of Glenda Cheney (an adjacent -- homeowner), 9843 west 83rd Avenue, Arvada, was sworn in. Ms. McKendry stated she has Power of Attorney for her mother, who is incompetent. She stated that if a cul-de-sac is constructed, and if cars parked at the cul-de-sac, entrance to-her mother's home. would be blocked. She noted that her parents had never - encountered problems with emergency vehicles getting in and out of their property. Acting Chairman CERVENY explained Staff's recommendation regarding the actual proposed right-of-way vacation. Ms. McKendrv reiterated her concern of access to her parents' home. Acting Chairman CERVENY noted that most likely a "hammerhead" type of cul-de-sac would be constructed, which would require significantly less land. Ms. Reckert stated no parking would be allowed on the cul-de-sac due to the lack of area. Carol Ferris, 3210 Flower Street was sworn in. Ms. Ferris was concerned-about emergency vehicular access and the lack of a fire hydrant on her street. Mr. Gidley stated that the turnarounds could. be posted "no parking". Should the street be built, it also could be posted "no parking". Acting Chairman CERVENY suggested consideration of continuation to allow time for those in ownership of the lake to come up with a plan. Commissioner OWENS moved that Case No. WV-93-8 be continued to allow time for-the North Henry Lee-Lake Reservoir Improvement Corporation, adjacent property owners and City staff to devise a plan for cul-de-sacs or turnarounds at the end of Field and Flower Streets. Commissioner JOHNSON seconded the motion. Mr. McCloud stated his .concern was that Public Works would not make a recommendation regarding an acceptable cul-de- sac/turnaround at the end of both Field and Flower Streets. Discussion followed. Planning Commission Minutes Page 7 August 12, 1993 Mr. Gidley suggested continuance of the case to the second meeting in September, September 16 and the request Public Works.. Department to provide you with their recommendations. Commissioner OWENS moved that Case No. WV-93-8 be continued to the second meeting in September (September 16) to allow Public Works Department an opportunity to make a recommendation relative to what design(s) would be acceptable. Commissioner JOHNSON inquired if it would be .possible for Public Works to come up with a design based upon the legal description for the area and provide it to interested parties in advance of the public hearing before Planning Commission. Commissioner OWENS revised his motion to read the Case No. WV-93- 8 be continued to October 21, to allow Public Works time to prepare-cul-de-sac/turnaround design(s) utilizing the legal description. This design(s) would be provided to interested parties no later than September 16 for their consideration. _ Commissioner QUALTERI recommended that a staff member be present at meetings held between the applicant and other interested/adjacent property owners. Motion carried 6-0. 2. Case No. WA-93-11• An application by Lutheran Medical Center for approval of a Master Sign Plan with variances to allow signage within sight distance triangles at 8300 West 38th Avenue. Commissioner OWENS moved that Case No. WA-93-11 be continued. to September 2, 1993. Commissioner CRUMPTON seconded the motion. Motion carried 6-0. 3. Cases No. WV-93-5: An application initiated by the City of Wheat Ridge for approval of a right-of-way vacation of a portion of Jay Street between West 35th Avenue and Kendall Street. 4. Case No. MS-93-1: An application by Roy T. Littlejohn for approval of a two-lot minor subdivision for property located at 3490 Jay Street.- Mr. Moberg presented the case.- Entered into.the record and -- accepted were the Comprehensive Plan, Subdivision Regulations,. Zoning Ordinance,-case file and packet materials, slides and exhibits. Commissioner QUALTERI asked Mr. Moberg to clarify on the map projected the most current .design iteration. y. TO: FROM: DATE: SIIBJECT: CASE NO. WV-93-S ME~I/lORANDUM EXHIBIT 'B' Approved Date Meredith Reckert, Planner II Steve Nquyen, Civil Engineer ~j September 24, 1993 Right-of-way Vacation, Field Street extended between Field & Flower Streets. Per your request, Public Works Department has sketched up the right-of-way dedication needed for the turn-a-round on both Field and Flower Streets. Each of these branch turn-a-rounds require approximately 25 feet by 20 feet of right-of-way. Public Works Department recommends that this right-of-way dedication shall be acquired concurrent with the vacation. In addition, the Public Works Department recommends not to vacate the portion of existing right-of-way north and northwest of Flower Street (please see sketch) in order to provide access to the property located west of this parcel. Please see me if you have any questions regarding this memo. cc: Bob Goebel, Director of Public Works John Oss, Senior Project Engineer Wheat Ridge Dept of Planning and Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 c/o Mr. Greg Moberg i Dear Mr. Moberg: August 4, 1993 I would like the following to be read into the record, at the August 12th Public Hearing of the Wheat Ridge Planniing Commission, regarding the proposed vacation of the Field St. extension ,between Field and Flower Streets, or specifically, case #WV-93-8. Since there is a chance that my husband and I will be out of state on that date, and therefore unable to attend on our own behalf. As a homeowner who would be directly affected by the proposed vacation, we would like our views to be considered by the Members of the Coinn-~ission. We would like to state that we are very much opposed to the street being vacated. We feel that an access to the lake is a necessity, should there be a fire on our street. We don't have a fire hydrant on Flower, and should the necessity arise, we feel the lake should be accessible for pumping. From a safety standpoint, we feel the street should be put in and maintained, as such. On occasions when the Fire Dept. has been present on our street (Flower), they have had'an extremely difficult time in maneuvering their equipment, due to the narrow confines of the street, and the location of irrigation ditches. For the sake of safety, we would request, that if this Street extention should be vacated, that the City maintain a legal access to the lake, should it be needed ,and that the City would require a cul-de-sac be put at the end of both Field and Flower Streets at the lake, so that fire and other emergency vehicles might maneuver into an effective position with the utmost speed and efficiency. At the present time, that is impossible. ~~~~~~~ `- ~/,/ `~ Respectfully, // ~ Gilbert D Gross Gilbert D. Gross ATE Nadine Gross ~~~« a~-~-~ ~C~4 (~ ~ 3330 Flower St. "~adine Gross DATE Wheat Ridge, Co ,__ STATE OF COLORADO COUNTY OF JEFFERSON The above letter signed before me this //A7/ day of A~ug~ursli~;1 ~3~;; „_ Notary My Commission Expires 01/27/96 8582 W. Colfax Lakewood,CO 80215 -3i r yjj 1 Memorandum--Wheat Ridge Planning Commission May 5, 1983 Page Two r ;. ~,. ~ "5. A dedicationof public road right-of-way _ _ appear'i.ng in a plat is necessarily subject to the " exercise of'preexistinq rights rot owned by the _ subdivider, including an easement for operation and maintenance of a reservoir." _ Based upon these findings, I must conclude that the Court has determined that any portion of the dedications of Field Street up to and including the shoreline of the existing [7orth Henry Lee Reservoir have been negated by - - virtue of -the ownership of the property in persons other. - ~ than the dedicator. Accordingly, vacating-that portion of __ dedicated Field Street is accomplished for the purpose of complying with the Court's Order. Any portions of Field • Street cahich are dedicated properly, but are not yet developed, - _ ~ most probably will not be developed by the City unless the ->- ~ i'~ City were to utilize its power of eminent domain toacquire # , ~ the necessary rights-o£-way for developing a continuation of _ " .Field Street. At this point, that appears to be highly `r~ ~ unlikely. To my knowledge, no rights of appeal remain valid or existing e ldi h h h av ngs e o in any party. Thus, the lawsuit from which t been quoted is, to the best of my knowledge, finally decided. ? The Gourt's findings that the involuntary plaintiffs have no _ interest oz claim to, nor access to, th0 North Henry Lee -- Reservoir appears to be significant if there are requests from neighboring owners to deny the vacation to allow public ~ not access. The North Henry Lee Reservoir is, by Court Decree, a public facility, and therefore the City is under no obligation - to provide public access. It is my understanding that the suggestion was made that the City sell a portion of its right-of-way to adjoining owners rather than vacate the right-of-way. Except in ~rery unusual ~ circumstances this is not a favored procedure. If it appears - that the dedicated right-of-way will not be developed or main- ~ - ;~ - ~ twined by the City, statutory vacation under C.R.S. 1973, __ -. 543-2-301 is the appropriate method by which to proceed, and Section 302"mandates the vesting of title pursuant to vacation. j --fir _ _ . _,.. ., . .~. ,, M ,.. CITY OF WHEAT RIDGE - MEMORANDUM To PLANNING COMt9ISSION ~ Fran JOHN E. ^AYES, CITY Pte" Subjat I~IV-83-1/VACATION OF PORTIONS Data MAY 5, 1983 ~~~F FIELD STREET p~~ It has come to my attention that some questions exist regarding the above captioned vacation proceeding- As you know, this matter was litigated in the Jefferson County District Court and resulted in a judgment in favor of those seeking vacation in this matter, quieting title to the North Henry Lee Reservoir in those applicants.. The Court specifically found that, "3. The 'dedicated right-of-way for Field Street as shown on the plat of Goodhart-Stoddard Subdivision, to the extent said right-of-way underlies the'surf ace of North Henry Lee Reservoir, is servient and subject to the exercise of the water storage decree for North Henry Lee Reservoir, title to'which has been quieted in the Defendants' and Defendant-Intervenors'. 4. That part of Lot 24 lying below the high-water line o£ North Henry Lee Reservoir was owned~of record by Donald and Cora Solem as of July 17, 1979 and ' Plaintiffs have not proven the strength o£ their claimed record title to that portion of Lot 24. Plaintiffs therefore haveno interest or claim to said real estate. 7. The involuntary Plaintiffs have no interest or clai.ua to North Henry Lee Reservoir and, in particular, ~- have no interest or claim to said reservoir or any right of access thereto for any purpose whatsoever, by reason of a Declaration of Easement executed by John Shope and recorded in Boox 1402 at Page 266, on September 8, 1961, Jefferson County Clerk and Recorder, nor by reason of a Warranty Deed from Margaret Goodhart recorded in Book 2642 at Page 891, on July 10, 1974, Jefferson County Clerk and Recorder." The City had upon the stipulation of all parties, acknowledged that the City succeeded to whatever rights wer. vested in Jefferson County by virtue of the original plat approval and that any dedications for public right-of-way shown on the plats of either the Goodhart-Stoddard or Aqua-Bell Subdivisions are valid to the shore of the existing reservoir. The Court specifically found, as a matter of~law, i ~.,,,. ~...po .sww.«s -..+..+w- n. .w... ...w-.,~..:.:N...,.~.+a.x.~Rri-~,r~w-,,.s.. ~~~ NORTH HENRY LEE RESERVOIR IMPROVEMENT CORPORATION WHEAT RIDGE, COLORADO 3480 E4~erett Street April 23, 1983 - k L L E:!'v E D Wheat Ridge, CO 80033 APR 25 1993 234-1534 (eves) 234-65E6 (days) ' MGMARTIN. BURKE. Mr. Rick Soloman, Case Maziager LOSER 6 FITZGERALD. P.C. City of Wheat'Ridge Planning Division' City Hall, 29th and Wadsworth Wheat Ridge, Colorado 60033 Reference: Case No. WV-83-S~Causbie (Petition £or vacation o£ portion of Field Street) Dear Mr. Solomon: At the April 21st meeting o£ the Wheat Aidge Planning Commission you made an excellent presentation with photos and slides of the right-o£-ray under discussion. If I.understood you correctly, you advised the Commission members that the only problem related to the legality of the dedicated Field Street right-of-way concerned the portion of road platted across the southwest corner of the Aqua Belle Subdivision, a problem that xas resolved in 1963 when the portion of road from the south Aqva Belle line to Garrison Street xas vacated by Jefferson County. The remainder of the road xas than and is nor a legally dedicated City of Wheat Ridge right-o£-way. I believe this statement is Sn error and may be at the root o£ the. problems related to the proposed road vacation. The road vacation Files contain copies of a memorandumfrom Mr. Hayes, City Attorney, and a judgment madeby the Jefferson County District Court regarding the part, of right-of-ray at issue, Perhaps a summary of the facts on which the Court ! based its decision is relevant and rill help clarify any vetsunderstanding that may ~ exist. Following is a~statement our attorney used to explain the situation to ua (R. Fendel, written common., 1982): "When Margaret Goodhart platted Coodhart-Stoddard Subdivision, the plat, ' incorporating a survey by Herbert Linn, shows at least part o£ the planned' ,Field Street .xas under rater. Since the land contained in the subdivision had been conveyed by Jessie Lee Taylor to Mazgaret Goodhart (Bk. 4~4, p, ,582 and Bk. 483, p. 2) reserving all rater and reservoir rights, Margaret Goodhart owned that land subject to an easement for storage water Sn the North Henry Lee Reservoir, Since that part of her land that was covered by the reservoir xas not ormad by her free and clear, any conveyance by her could likewise not be free and clear o£ the storage easement. This includes ~a dedication to the public. The dedication, as evidenced by the plat filing, operates as a conveyance of the rights described therein to the public. The . right-o£-Tray For Field Street described in the plat is at least in part subject to the storage easement. As with any other conveyance, Mrs. Goedhart could not convey more than she owned." ? '- "The North Henry Lee Reservoir Improvement Corporation~is the successor in 'interest from Jessie lee Taylor o£ the storage rights in North Henry Lee Reservoir. At no time has a present or past owner of the storage right ever approved, gre ~ted, ~~ r Page 2 April 23, 1983 or dedia~ted a public right-of-xay in the reservoir. Therefore, it is the Corporation's position that any such dedication is illegal. The Court has ruled that the dedication is subject to the rights of the reservoir owner. The reservoir owner desires the illegal right-of-xay to be removed from the public record. Mr. Hayes has advised Mrs. Causbie that the City must go through the formal vacation process (e.g. request to your office, planning commission, city council) in order to remove the~road from the City's records; apparently there Ss no other mechanism under the Wheat Ridge Charter to have the road vacated. We think there should be a better way! The illegality o£ the road in the reservoir has been determined by the court. How can Lhe City "vacate" a right xhich it dose not legally own? Mr. Hayes stated in his memorandum that the only uay the City could claim the right-of-way is through condemnation. By proceeding with the "vacation" in the public forum and inviting public comment gives the inference that the City (public) has legal ownership of the right-o£-xay. ' There has been debate, argument, misunderstanding, and ill will_for years in the neighborhood surrounding the reservoir. When the Ashcra£ts initiated the litigation the membership of the Corporation responded. As a part of our response xe joined the City as xell as all the holders o£ easements to the reservoir. A description of the litigation was published so that any other parties xith an interest would come forward Sn order that all the legal rights could be resolved. The defendants hoped that once a judgment tree reached we all xould knox our rights and the rights o£ others; misunderstandings xould be resolved, oxnerships clarified, and it would be possible to establish a friendly neighborhood. ~ - ' The litigation is now over, the judgment was not appealed by any of the parties during the time geriod allowed, and yet the issues resolved are still debated; the misunderstandings, hearsay, and misrepresentations continue. 'By inviting public hearings oa these matters when the public has no legal right to the upderwater portion o£ the right-o£-way only serves to increase the ill will, division, and strife in the neighborhood. Can we find a more amiable solution to the problem in the best interest of the neighborhood? We would appreciate your comments or advise on how xe might resolve the issue. Sincerely, I/ . ~. ~. ~ Julia E. H. Taylor, President '; ! cm J. Hayes / ' C, Stroaburg. r .. ~. a a i. 4.0 acx 638 TELEPHONE, 3p3/x{7.gpµ iTe City a! 7S01J WEST 2STH q'JENUE • WHEAT RIDGE, COLORADO 80033 `Wheat 7~: FROM; SUBdECi: DATE MEMORANDUM Rick Solomon, Planner I ~r'~~ ~' Ridge c~ir ~- - ' +c?3 I C. Ric Hinetor, City Engineer~>[1.,, ~ ! 6~' :. ....,. . Vacation of Field Street Extended between Field Street and Flower Street bordering North Henry Lee Lake March 2, 1983 It is unclear to me from reviewing this street vacation proposal and attached wap as to whether 3405 Flower Street is currently served by any portion of the street to be vacated. As this has been in litigatior. 1 will defer to the City Attorney as to what further action to take, I would tike to express my concerns, however. If 3405 Flower Street fs presently served by this street I do not feel we should vacate that portion and allow a °new" private road. I am not certain whether °new" private roads are allowable under our ordinances. Vacating the public right-of-way without a corresponding dedication of cul-de-sac or turn around does not appear to be in the public interest. We do not allow "dead end" streets without cul-de-sacs or turn grounds and this would be a re- versal of our normal policy. the comment that they have been served by emergency vehicles adequately for 35 years is not pertinent. We try to improve all streets as possible to provide proper emergency access, etc. We also try to plan for future changes, not just the current residents concern. If it is determined that we should vacate this action of street, I feel we must have right-of-way tc serve 3405 Flower Street if it is presently served and we should require dedication for cul-de-sacs. RAM:ddh "The C¢rn¢tion City" T N R 4TE yU• HUVLT'4G ' _ ~~1'F ~SI'ti ~i ,+F< u_It LI 4~v : ` 1VCN E~ I'+AL~ ~ FKLT uGA6C F UNTF '•t 44w LEE ' i A'~t ~;•iE„ AT A: . 6U+-' Lm ' .'.t1' 'J~ PM1.,,~_n x.~ a.!( , .. ~ n. .t:n!T A"u.i~. (hT 14R •v j un O O ~I y JI-• l T f ~ ~ W H m ~ X < ~ ~ ~ F'Eb PN?. i'N~ '~ f ~• - W Z WF'pT COSkf W p - '~ Y h ~ ~ .u m a F• ~r .-~ ~~ W i 1 4 U '1 ,1f.~• •~ . .a _ 9 ~ f 2 ~ J b ~ - t ~ ti ~ i t 11 - T d0.' ~ J d ~ . IC !fl n n \•~e' ._ .. ... .. f,. .I 4 W .1 W Q 2 2 ~ ' M D 4 t 3 m W < f rt / ~ a l _ Z < k O Y F Q 14 W A ~ . " m z I~ p a ¢ y• r z w e 4 wwS U O a ~l Vy ¢ a 2 r n U ~ 4 O W F Y __ (~ ~ / ~ t, ~ - / o :. / o > n ~• V a m 4 fi W D LL ..-. ~~~ Q = > 0 W a f~ S ~}// 2 F K < W r W T J O .\ V a 6 1• R F f: / ..~.. I /// ;~ rr. a I ~~ i W {/ o n w a ~ _ < .. ly' W 1 1. Z J c ~ ~ ' .. ' 3 ~ 6 F t h r 'D F W W ,' ~ ' L 1 Q 4 S W M' o n r ~ z a m n,` ' L ~ a] J] , F ~ $ . ~^ W ~. a n ~' ~ ~ A ~ <' S~ ~ W ` J •, E m .. ~ e .1. ~ h~ v ~ r i.•: {a '~ - U T 1 ~ 1 t ~ T U ~ ,f~ ~ ~. ,.:3 ~ o ~ 1' r r Y 1 r J F D p A T [ Z 'fl ~ '. r^ n m ri • { J R S4 rj+ i) 1 J F •1 $ • W ,u 1 lf' E ~ Y ' Li r ) R /// Q / . `Y f ~ /{f i ,r V f ~ • } 'r it f' : ~(. 1~ ~ r + ,, • 1 ~* R ~ ' I ' l` \ 4 i F. U - J ~.~ a .. _ r`: r ~ °' t - y fir ~ K. 'T ` 1" (,)_ II f! 1' II i j ~ ~ .~ (.dT e~ 1 a ~ s : a a~ ~ ; ; a i N ''~ ~ ~ ~~ J i M 1'/ ~ 1 `~ ` t / ~ C ~ / ~ ..~ LL }, F ',' t. ~- ~ N OEFORE THE CITY OF WHEAT RIDGE IN AND FOR THE COUNTY OF JEFFERSON STATE OF COLORA00. IN THE MATTER Df CERT0.IN VACATION PROCEEDINGS ) Robert E. Causbie ) Ione Y. Causbie ) 8Y: Donald L. Donner ) Betty L. Donner ) Fred H. Tepley ) Janet H. Tepley ) Ruth Y. Frehner ) _. ) ) .) ) ) PETITIONERS. ) PURSUANT TO CFWPTER 120-24-2 COLORADO REVISED STATUTES, 1963 COMES NGW your petitioners, owners of reel property in the City of Wheat Ridge, County of Jefferson, State of Colorado, pray and peti£ion this Council to vacate the following descrihed street legal Description: Portion of Field Street to be vacated: That part of the Southwest quarter of the Northeast G~uarter. of Section 27, Township 3 South, Range 69 West of the Sixth Principal Meridian, in the City ' of Wheat Ridge, In Jefferson County, Colorado, described as: Be.2inning at a point on the East Right-of-way line of Field Street, the West Line of Lot 24, Goodhart-Stoddard Subdivision, lying 44.51 feet northerly along said boundary line from the Southwest corner of said Lot 24 and on a curve concave to the Sogouthwest of 45° 20' 04" central angle, 100-foot radius and 41.76- t tooitsapoint ofntangenr~nn~henceeNortho63°w30'e14" Westgalong thevNortheasterly Right-of-way line ~f the subject Field Street 329.76 feet to its point of inter- section with the North boundary of Goodhart-Stoddard Subdivision, identical with the South boundary of Aqua-Belle Subdivision; thence South 89° 27' 46" west along said common boundary 88.01 feet more or less to its intersection with the Southwesterly Right-of-way line of the subject Field Street on the Northeasterly line of Lot 15, Goodhart-Stoddar,; Subdivision; thence South 63° 30' 14" East along said platted Southwesterly Right-of-way line of Field Street and skirting Lots 15, 16 and 23 of said subdivision g08.1e feet to the point of curvature of another curve concave to the Southwest of 32 20' D9" central angle, 60-foot radius and 17.4-foot tangent length; thence Southeasterly along said curve 33.86 feet more or leas to a point whence the aforesaid point of beginning bears North ~9 49' 46" East 43.68 feet; thence North 89° 49' 46" Eaet 43.68 feet to said point of beginning. ,_'_{ i~ °. ~: W.R, Form fi-47 Puns 1 of 7 N ~ •~ R,L.'ASONS FOR THIS PROPOSED VACATION: An extension of Field Street was originally platted on the Goodhart- Stoddard plat of 1947 connecting, Field Street to Garrison Street. In 1963. it was discovered that a portion of this Field Street was platted in error in the Aqua-Belle Subdivision and was not a deeded and dedicated public road. (See memo from County Manager dated June 10, 1963.) The portion of-the street between Lots 1 and 2 of Goodhart-Stoddard Subdivision was vacated in July, 1963, recorded in Book 1619, page 75. (Copy attached) The platted turnaround or cul-de-sac on the north portion of the Goodhart- Stoddard Subdivision was also vacated in January, 1956, recorded in Book 976, page 354. (Copy attached) This proposed action, that is the vacation of the remainder of the Field Street extension, is subject to the exceptions of any turnarounds. 2. Most of the remaining portion of this right-of-way is under the water of the North Henry Lee Reservoir rand is subject to an easement £or - - - this storage right. This request to vacate this right-of-way is primarily to finalize the Court's order. (See attached FINDING OF FACT, JUDGMENT AND DECREE QUIETING TITLE Civil Action No. 79-CV-1688, Division No. 1, Jefferson County) Permission or rights for the right-of-way was Lever obtained from the owner of the decreed storage right. The storage decree is presently owned by the North Henry Lee Reservoir Improvement Corporation which does not wish to grant a right-of-way. The Corporation believes - the road a,n "attractive nuisance" that infringes upon the privacy of its membership and presents the Corporation with Increased liability problems. The portion of the road to be vacated is not needed for access to any of ' the properties which abut it. The property at 3405 Flower Street (Aqua- - - Belle Subdivision -south half of Lots 1 and 2) will-be granted an ease- .. ment across Lot 15 of Goodhart-Stoddard Subdivision by the owners, Donald and Betty Donner, giving residents of 3405 Flower Street a private drive. 3. The portions of the platted street that are situated shove the waters of the North Henry Lee Reservoir at the end of the paved Field Street and also the northern edge of Lots 23, 16, and 15> have been landscaped and cared for by their various owners since the homes on Lots 23, 24, 15, and _ 16 were built. At no tima has Jefferson County or the City of Wheat Ridge provided maintenance whatsoever. 4. The lake is private and has been posted as such. The lake is owned by the members of tae North Henry Lee Improvement Corporation. In our Corporation's Articles of Incorporation and our Bylaws, we have the restriction that only members and guests of members may have access to the lake. Despfte this, innumerable instances of trespassing in private '~~ yards have occurred due to that small portion of this dedicated ^public" right-of-way being above the water. This area where the general public has "access" to the lake frontage is at the end of Field Street and the northern edge of Lot 23 and north of Lots i5 and 16. 5. As the situation now stands it is difficult for owners of the abutting properties to properly post their property and the reservoir. We feel this posting necessary not only for privacy, but for legal protection in case of an accident or death on the lake. Of course, both the City of Wheat Ridge and the North Henry Lee Reservoir Improvement Corporation ~' could be brought to court in a legal action, as it stands now. Now therefore we propose that the unbuilt proposed Field Street of 194T be vacated and said land of 40' width be divided among the presently adjoining property owners. (Lots 24, 23, 16, a*,i 15 .) REASONS FOR PROPOSED VACATION - (Continued) NOTE: = This proposed vacation is also sought only upon exemption o° any cul-de- sacs or turnarounds required per Subdivision Regulations, Section 4, Paragraph B, Letter 5. As the lots and streets of this subdivision date __ back to 1947 which precedes this regulation established Mas•ch 2, 1972. Both Field and Flower Streets were Pstablished as dead ends at the lake, and the residents desire them to remain so. Installation of turnarounds would take away land from present owners and encourage mos•e traffic on - these block long streets - reducing the safety and quietness of these established homes. The homeowners, as taxpayers, would also object to the cast of construction of turnarounds. Turnarounds would contribute - to and encourage problems in the neighborhood, similar to the kinds -- already in existance on the Everett Street turnaround on the Northeast -_ side of the Reservoir. In checking the police files of the city of Wheat Ridge's police department, many reports have been made concerning _ this turnaround, i.e. "lovers' lane" and associated littering, emptying of ashtrays, etc., drunkeness, loud car parties, urinating in adjoining _ shrubbery, etc., etc. _ Relating to the need of turnarounds for emergency vehicles: We feel we °- have lived for *.hirty-fi^e years without the turnarounds and the public safety vehicles have managed nicely for all of these past years. We feel confident that they will continue to manage nicely, including the larger- = vehicles, as long as they are equipped with reverse gears. Planning Commission Minutes October 21, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Page 2 Commissioner JOHNSON moved to approve the order of the agenda for October 21, 1993 as printed: Commissioner ECKHARDT seconded the motion. Motion carried 7-0. 5. APPROVAL OF MINUTES Commissioner ECKHARDT moved to approve the minutes for the study session of October 7, 1993 as printed. Commissioner RASPLICKA seconded the motion. Motion carried 4-O, with Commissioners CRUMPTON, JOHNSON and OWENS 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...:.-, .. ,.. - ..a. _ -..- . .. No one signed the roster, nor came forward to speak at this time. 7. PUBLIC HEARING 1. Case No. WV-93-8: An application by Harold S. McCloud for approval of right-of-way vacation for an unused portion of Field Street extended between Field Street and Flower Street north of West 32nd Avenue. Continued from August 12, 1993 Meredith Reckert had previously presented the staff report on August 12, however she reviewed a memorandum prepared recapping the events of this case. Commissioner JOHNSON asked if a consensus was achieved at the neighborhood meeting. Ms. Reckert stated the Field Street proposal was accepted unanimously, however no consensus was achieved on the Flower Street proposal. Commissioner JOHNSON stated he upderstood the neighborhood would come to some sort of consensus on this matter, prior to Commission hearing this case. Ms. Reckert stated Commission's task would be to make a recommendation to City Council. Chairperson LANGDON asked Ms. Reckert if she had the list of persons attending the neighborhood input meeting. j Ms. Reckert stated that list is in her case files, however, did not include that information in the packet. She added she would Planning Commission Minutes October 21, 1993 Page 3 like to open the hearing to individuals in the neighborhood who would like to comment on the proposed turnaround designs. Christine Moyer, 1700 Glen Garry Drive, owner of property at 3250 Flower Street, was sworn in. Ms. Moyer read a prepared statement into the record. 'She opposed approval of the street vacation. Commissioner RASPLICKA asked when the house at 3250 Flower Street was built. Ms. Moyer stated the house was built in 1962 or 1963. Commissioner RASPLICKA asked if emergency situations had occurred in the past. Ms. Moyer answered yes, her refrigerator had shorted and a fire had resulted. The emergency vehicles had a difficult time °-getting into-and especially out of the area'°-'""""" "'- "` """'- =-' ' -` Nadine Gross, 3330 Flower Street was sworn that not all residents on Field Street are proposed turnaround design. She presented had circulated, for Commission's perusal. residents on Field Street were unaware of right-of-way vacation. in. Ms. Gross stated in favor of the a petition, which she She noted that several she request for street James R. Fourcade, 3390 Flower Street was sworn in. Mr. Fourcade stated that currently the proposed turnaround design indicates the center of his lawn/yard would be needed to accomplish the design proposed by Public Works. He suggested that he would be willing to negotiate with the City to sell a corner of his property which could be utilized for the turnaround at the end of Flower. He noted that there are three existing driveways that could_be used to turn around, and if the ditch was filled, an additional ten feet could be added to the street width, which at present is only 20 feet wide. Commissioner JOHNSON asked i£ the irrigation ditches are in the right-of-way? Mr. Fourcade answered that the ditches are in the right-of-way. They are provided for storm drainage conveyance, not irrigation. Commissioner ECKHARDT asked Mr. Goebel if he had given Mr. Fourcade's suggestion consideration. Mr. Goebel stated he was optimistic that a solution could be found for a turnaround on Flower Street. Julia Taylor, 3480 Everett Street was sworn in. Ms. Taylor represented the North Henry Lee Reservoir Improvement Corporation and stated the corporation would support any consensus for vacation, providing no filling of the reservoir is planned. Planning Commission Minutes Page 4 October 21, 1993 ,, Kit Kimball, 3290 Field Street was sworn in. Ms. Kimball stated she and her husband support staff's recommendation, however they oppose putting in Field Street from Field Street to Flower Street. Harold McCloud, 3255 Field Street was-sworn in. Mr. McCloud, the applicant, stated he wasn't aware right-of-way existed until he applied for a building permit. He explained why he wanted the right-of-way vacation and provided background information. Commissioner QUALTERI asked what portion of the proposed right- of-way vacation would he be filling with the construction of the retaining wall? Mr. McCloud stated the wall would be along the current lake boundary. Commissioner QUALTERI asked what sort of retaining wall was"he "" planning? Mr. McCloud stated he and-his wife had not yet made the final decision, however they wanted something that would blend into the surroundings and be aesthetically pleasing. The retaining wall would cover a portion of the existing right-of-way. ~ Betty Donner, 3385 Flower Street was sworn in. Ms, Donner stated she was representing her husband, who spoke at the last meeting. The Donners have been very impressed with the Planning Division and Public. Works Department working with the neighbors. She and her husband agree with Staff's turnaround recommendation. Ms. Donner added that Julia McKendry, 3405 Flower Street, ,who could not attend tonight, agrees with Staff's recommendation. Commissioner QUALTERI asked Ms. Donner if inadvertently a vehicle damaged your lawn or shrubbery, would you expect to be compensated? Ms. Donner stated that had happened in the past. She explained. Commissioner QUALTERI asked then if she expected compensation? Ms. Donner stated she didn't expect emergency equipment to damage her-lawn, etc. Commissioner QUALTERI asked if her answer would be yes or no? Ms. Donner answered it would probably depend on the circumstances. 1 Commissioner QUALTERI stated he still didn't know her answer. J Ms. Donner stated she thought she would not expect compensation, Planning Commission Minutes Page 5 October 21, 1993 however, if the person was intoxicated or readily admitted his fault. Commissioner QUALTERI reiterated that Ms. Donner had offered her driveway to be utilized by the public. Ms. Donner,_stated yes her driveway only could be used by persons needing to turn their vehicles around. Commissioner QUALTERI asked if Ms. Donner's vehicle was accidentally hit by another vehicle negotiating the turnaround process, would she expect compensation? Ms. Donner answered perhaps if the person was intoxicated. Mr. Goebel explained further (by reference to the aerial photo included in the packet) how the proposed turnarounds would function. ,~ . ....... . .. .. .. .. . . Commissioner JOHNSON asked Mr. Goebel what radius was necessary to allow a an .emergency vehicle .to turn around? Mr. Goebel stated that needed to be worked out. Commissioner ECKHARDT moved that the request £or vacation of Field Street between Field Street and Flower Street be recommended for Approval excepting the portion of land at the west end of Field Street shown in green on Exhibit 'B'. A portion of the driveway on the west side of Field Street (McCloud's property 3255 Field Street) be dedicated as public right-of-way and that a portion of Flower Street (Mr. Fourcade's property at 3390 Flower Street) be dedicated as public right-of- way. The exact dimensions and legal descriptions should be prepared by staff and presented to City Council at the time of public hearing. Commissioner JOHNSON seconded-the motion. Motion carried 6-1, with Commissioner QUALTERI voting no. Commissioner ECKHARDT complemented Planning and Public Works Staff in their efforts to work with the area residents to come to an agreeable solution. 2. Case No. WZ-93-5: An application by Nina Fargo and Rose Foster for approval of rezoning from Residential-Two to Restricted-Commercial One with restricted uses and a paving variance for properties located at 3516 Jay Street and 3536 Jay Street. Ms. Reckert presented the staff report after providing several exhibits to Commission for their perusal. • PUBLIC EIEARING SPEAKERS' LIST CASE N0: wv-03-R DATE: October 21. 1993 ._~ REQUEST: An application by Harold S. McCloud for approval of right-of- way vacation for an unused portion of Field Street extended between Field Street and Flower Street north of West 32nd Ave. This case was continued from August 12, '1993. i i Position On Request; i i (Please Check) ~ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOS i 1 I I I ~~~ ~e.~ s ~~ti e moV~~' ~~oo ~.~e~, G~~,e<< ,~n~ 1 , 1 1 I ,y -~-~,c~C:~ r'te` ru, n.~.a.n~rZ. a'~ ~~ .~., ~t.~z.., ~ ~ i ~ , 1 I t 1 I I 1 1 I 1 ~ I ^ I ~ 1 I I 1 I N a ~ ~ t {~ tc\i~ja rn e U o'n ~ " 82 5c~5 ~ i e. ~ ~ /f ~ ~// " I 1 I 1 I I 1 I 1 1 1 I 1 I I I 1 I 1 I I 1 I 1 1 I 1 1 1 I 1 I 1 We, the undersigned residents of Field and Flower Streets, would hey like it to be known, that we are apposed to the vacation of that portion of Field Street known as the Field Street Extention, that would join Field and Flower Streets. Pursuant to Case No. WV-93-8, now pending before the Wheat Ridge Planning Commission. We would also request that the current Right of Way not only remain intact, but that the street should be put in and maintained, should it ever become a feasible option. We r~lize that, at the present time, this Right of Way is under water, which would make it too costly an endeavor. Since this street addition would make the best and most expeditious route for emergency vehicles to enter and exit both streets, we feel that it should remain a viable option should the size of the reservoir decrease in the future. We therefore ask that the petitioners request for vaartion be denied. Since a turn around has been needed on both streets for many years, we would also request that full size cul de secs be placed on both streets, using a portion of North Henry Lee Lake , if necessary. DATE NAMF. nF uFCrnFnTm fl ~ ~ / Z~Q , /' J ~.I t ' 0 1 ~~ rJ lt~-i~- ~ ,~W 7 ,h - trL_9~ ~ ~1 r - S SSG gyp,/g. 3 /'y-i ~ ~: io-~a~-13 ~D l~ ~~~ 3a C'~ Ti.~c~ I NaAtnP rr s , do hereby swear that the above signatures were acquired by me, and that I personally witnessed each s nature and that all the parties were known to me. ~~~/~~o ~~~ /~~ ~q~ DATE -,~ / i The foregoing instrument was,' novel a before me on , 1993 by Nadine Gross. t NOTARY PUBLIC ~,;;2g 1#E.~` a~v~d ~~ t~°n 2 p$,~3 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-93-8 LOCATION: A portion of Field St extended between Field St and Flower St north of W 32nd Ave APPLICANT(S) NAME: Harold S. McCloud OWNER(S) NAME: City of Wheat Ridge REQUEST: Right-of-way vacation APPROXIMATE AREA:- 17,940 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 ECKHARDT, seconded by Commissioner JOHNSON, that Case No. WV-93-8 be forwarded to City Council with a recommendation for APPROVAL with the exceptions stated as follows: 1. That portion of land at the west end of Field Street shown in green on Exhibit "B"; 2. A portion of the driveway on the west side of Field Street (McCloud's property 3255 Field Street) be dedicated as public right-of-way; and 3. A portion of Flower Street (Mr. F.ourcade's property at 3390 Flower Street) be dedicated as public right-of-way. The exact dimensions and legal descriptions should be prepared by Staff and presented tc City Council at the time of public hearing. VOTE: YES: Eckhardt, Owens, Rasplicka, Langdon, Crumpton & Johnson NO: Qualteri Certificate o£ Resolution Page 2 Case No. WV-93-8/MCCloud 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 o£ the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 21st day of October, 1993. Gases eorg La on, h~ erson WHEAT RIDGE PLANNIN COMMISSION <pc>resowv938 ~ , Sandra Wiggins, retary WHEAT RIDGE PLANNI COMMISSION 1 ~~ 7500 WEST 29TH AVENUE P.O. BOX 638 - - _ _ ThB Cify Of WHEAT RIDGE. C080034-0638 - - ~ _(303)-234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge April 25, 1994 This is to inform you that Case No. WV-93-8 which is a request for approval of a ricrht-of-way vacation for an unused pore-; on of-Field Street extended between Field Street and Flower Street f ~KXRX`~~7~7C~x2XSI47C~C2Y~~0}f7{ will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m., on _May 9, 1994 Ali owners and/or their legal counsel of the parcel under consideration ,mom be present at this hearing before the !'i j-~ (`nnnni 1 As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. it shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform .~ ~_ Dear Adjacent Property Owner: Ifyouu 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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M ~ ~ ~ w w ~ ~ a ¢ w 966 L99 E`C6 d E66 Z99 E't6 d ~~0 Q99 E46 d CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared April 29, 1994 Date of Meeting: .May 9, 1994 Case Manager: Meredith Reckert Case No. & Name: WV-93-8/McCloud Action Requested: Vacation of a portion of Field Street extended Location of Request: Field Street extended between Field and Flower_St Name & Address of Applicant(s): Harold McCloud 3255 Field Street, Wheat Ridge Name & Address of Owner(s): Same as above Approximate Area: 14,000 square Present Zoning: Residential-One Present_Land Use: Residential & Surrounding Zoning: All sides: Surrounding Land Use: is Lake; Comprehensive Plan for Area: Lo' feet A water reservoir R-lA ~, Ei, Wes' Single-family residences a density residential Date Published: April 19, 1994 Date to be Posted: April 25, 1994 Date Legal Notices Sent: April 25, 1994 Agency Check List (XX) At tached ( ) Not Required Related Correspondence ------------ (XX) At ---------- tached ------------- ( ) None ----------------- ------------- RECORD: ENTER INTO _ (XX) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance ( ) Slides ( ) Subdivision Regula tions (XX) Exhibits JURISDICTION' The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. City Council Staff Report Case No. WV-93-8/McCloud I. REQUEST The applicant requests approval of a vacation of a portion. Street extended adjacent to his property and south of North Lake between Field Street and Flower Street. II. CHARACTER OF THE AREA Page 2 of Field Henry Lee The portion of Field Street requested to be vacated begins approximately 350 feet north of West 32nd Avenue right-of-way and extends approximately 330 feet northwesterly toward the east side of Flower Street. Both Flower and Field Streets dead end at the edge of North Henry Lee Lake with no turnaround facilities existing other than private residential driveways. Most of this section of Field Street is inundated under the banks of North Henry Lee Lake. Single family residences predominate this area. There are no curbs, gutters or sidewalks along Field or Flower Streets. In order for Field Street to be built, retaining walls would need to be constructed adjacent to the lake and the lake would have to be dredged so that no storage capacity of the lake would be lost. In 1983, a similar request was initiated by property owners along the south side of the proposed vacation. The request was reviewed by Planning Commission, however, no recommendation was made as the petitioners withdrew the application. See attached minutes under Exhibit 'A'. III. AGENCY REFERRALS All agencies have no problems with the proposal as there are no utilities in the area requested to be vacated. Public Works supports the vacation but is requiring provisions for a turnaround at the end of both Field and Flower Streets where they dead end at the lake. IV. PLANNING COMMISSION ACTION Planning Commission held public hearings regarding this request on August 12, 1993 and October 21, 1993. At the August meeting, the case was continued so Staff could work with the neighbors to achieve a consensus regarding turnaround design. At the October meeting a recommendation of Approval. was made with the following exceptions: 1. That portion of land at the west end of Field Street shown in green on Exhibit 'B' (i.e., right-of-way extending past the eastern edge of Flower Street); City Council Staff Report Page 3 Case No. wV-93-8/McCloud 2. A portion of the driveway on the west side of Field Street (MCCloud's property 3255 Field Street) be dedicated as public right-of-way; and 3. A portion of Flower Street (Mr. Fourcade's property at 3390 Flower Street) be dedicated as public right-of-way. The exact dimensions and legal descriptions should be prepared by Staff and presented to City Council at the time of public hearing. Please refer to Exhibit 'B' which includes copies of the minutes from both meetings. Included under Exhibit 'C' are petitions and letters submitted regarding the vacation. V. S`TAFF'S PR~POSA? Since the October 21 meeting, Staff has met with the neighbors several times, both on-site and at City Hall. The following consensus has been reached between Staff and the four most-affected property owners - Fourcade (3390 Flower St), Donner (3385 Flower St), Kimball (3290 Field St) and McCloud (3255 Field St). Flower Street turnaround design: *The right-of-way vacation will end at the easterly right-of-way line of Flower Street. *A T-shaped turning movement can be accommodated by using Don and Betty Dormer's existing driveway at 3405 Flower Street. *A 20' X 15' permanent easement will be acquired from the Dormer's for the public turnaround. *The approximate northern 150 feet along the eastern side of Flower Street will be widened to the edge of right-of-way and the existing ditch will be piped. *NO PARKING signs will be posted along the east side of Flower Street in front of the Fourcade residence. *On-street parking will be allowed along the west side of Flower. Field Street turnaround design: *The right-of-way vacation will start behind the existing wooden barrier at the terminus of Field Street. *A T-shaped turning movement can be accommodated by using Harold and Trisha McCloud's existing driveway at 3255 Field Street. *A 20' X 15' permanent easement will be acquired from the McCloud's for the public turnaround. *The approximate northern 160 feet along the eastern side of Flower Street will be widened to the edge of the existing right-of-way. City Council Staff Report Page 4 ~r~~e a°rkin~ q3-8~McC}Qu~ p sign wi a posted along the east side of Field Street in front of the Kimball residence and the next lot to the south. *A "NO PARKING" sign will be posted at the dead end. *On-street parking will be allowed along the west side of Field Street. See attached Exhibit 'D'. V. STAFF CONCLUSIONS Staff concludes that the likelihood of Field Street extended being built is very remote, as it is 80~ under water. Staff further concludes that there are no utilities in the right-of-way and that no properties would be landlocked if the vacation is approved to the eastern right-of-way line of Flower Street. For these reasons, a recommendation of Approval is given with the condition that turnarounds are provided in accordance with Section V of the staff report. VI. RECOMNENDED NOTIONS OPTION A: I move that Council Bill No. a request for approval of an unused portion of Field Street extended between Field and Flower Streets, be vacated for the following reasons: 1. There are no utilities in the right-of-way. 2. No properties have access from the right-of-way. 3. Planning Commission recommends Approval. With the condition that turnarounds on Field and Flower Streets are provided in accordance with Section V of the staff report. OPTION B: "I move that Council Bill No. a request for approval of an unused portion of Field Street extended between Field and Flower Streets, be Denied for the following reasons: 1. 2. 3. " <pc>srwv938 •r •;-. CASE NO. WV-93-8 AGENCY REFERRALS SUMMARY XX Fire: (Wheat Ridge) No problems. Schools: XX Water: ~ rnnso~idated Mutual) No facilities within proposed vac- _ -ak.i~n XX Sewer: fwPSi-r;d4e) XX US West Communications: - No problems. XX Public Service Co: No problems State Land Use Comm. (over 5 acres): State Geologist: State Highway: Je££erson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: CITY DEPARTMENTS XX Public Works: s„pnnrra vac-at;c,n hn+ will require a turnaround , Parks & Recreation: XX Police: Can serve Building Inspection: _ _ pc/Agencyre£sum ^ ^ i ~J~ a ~~, I ~ _~ a Q •. _.._- ROCKY ~~.!.r. 1: 0 O I ~Ll - QIF • ~ W ~ ~ w ~ ~~ ~ ~ ~ .~., ~ J ~ 'NORTH •NENRY Lff ~ ~_ ~ ~ i \ /. ... , " N ;oFc --- ATI~~ ....C. Q STEM V A _ J1 3 LL o N!~52ND PL. ~ ~ ~~ w _ .. LL ~ ~, 4 ~ ~ _ ~ '~ • o(~~ ( .. `iy , i V£ __. VI E~VV lS A:IV ~ ~ _ .. :..:::::::::::.::::::::::::::.:~ ~::..:...::...::....~r.: :..,::................. .......}.: :: ;"i% 32nd AVE IAL REZONIN NOTE:~.~~ I2;~ ~'..ZEONENG CASE NOUNNDICA ES A CONDI~ONOORI STIPULATIONSpLANNED DEVELOPMENT, OR NDUS~ TO CENTER . OF STREET .._. ~ Ate r~~ z0 3) ALl ZONING DISTRICT~I~Y~~~~~FORACCt)FtA'1EDY~B _ - ~m... V;;{ p ~Q=plw!Ifi.O~WMCBAR l!~>~~y . ------- -- ---~- -'CASE NO. WV-93-8 EXHIBIT 'A' ' CITY 0. k'H.AT R:]rE ...,'~.'!'::.::' °J:fMISSION - APRI. Z1, ]983 - ~- ~~- - ~- -3: PLEDGE OF ~A LLEGIANCE y 4. APPROVE THE ORDER OF THE AGENDA ' Commissioner WINGER moved that the Wheat Ridge Planning Commission ayrnda far April 21, 1983, be approved. Commissioner SCOMA seconded the motion. Motion carried. 5. PUBLIC FORUM - No one came forward to speak. 6. PUBLIC HEARING A. Case No. SUP-83-2 (continued fzom 3-17-83 :Api:lication by 3445 Fenton Associates fox approval of a Special Use Permit to allow a waiver ~of. landscaping buffer requirement:; on pzoperty located at approximately 3945-SI Fenton Sb. Mr. Solomon stated that the applicant had requested another ' continuance of this case. Commissioner SCOMA made a motion that Case No. SUP-83-2 be continued indefinitely. Commissioner LONGO seconded the motion. Motion carried unanimously. 8. Case No. WV-83-1: .Application by Mr. and Mrs. Robezt Causbie foz approval of a vacation of a portion ofField St. located at approximately ~ "a Field Street adjacent to Notth Henry Lee Lake. Mz. Solomon presented the comments of Planning Staff. He asked that the Subdivision Regulations, Case File, Packet Materials, Slides„ Exhibits and other documents presented be entered into the record ~ which Chairman SOHNSON accepted. Commissionez SCOMA assert ained that the street requested for Vacation was 4©' right-of-way, about 8H$ of that portion is under water. ' The applicant,Mrs. Robert Causbie, 3299 Field Street, was sworn in. Commissioner CERVENY requested that he be allowed to absain from decision making on this case because his firm is acting „ as agent for the applicant and it would not be approp-iate fox him to make a decision in this case. Commissioner PRESTON made a motion that Mr. Cerveny be allowed to abstain. Motion was seconded by Commissioner SCOMA. Motion carried unanimously. 2 ~. ' ~~ -- '~ CITY OF L]A EAT RSD;E r_.. .,. _- -~ - - . ~ - t:oMMISSION - AFRI'.. 21, X363 N:rs. Causbie =_- -_.=d that all of the prope~~t y~scrrounding the lake is r.riva-a_~ owned, however, the :cater storage right is oromed by the ': --:; henry Lee Improvement Corporation. She referred to ti._Ylcu'rt decree which indicated that the property owners own r_ ~--_; o` the lake and the portion of Field Street requested to :__ 'scared was under water. This would preclude the City usir.p, ti.at :ortion without a dedication of the current property ovrners.~ S:rs. Causbie stared that Staff comments indicated no c-- ;ition by any age..~cies and the only problem indicated k.y =gaff was the need of a public turnaround at the termir._s c. Field Street. ;Crs. Causbie stated that the main objection r' the property owners to the turnaround was~that it would crc--ace a pudic nauisance. A cul-de-sac would attract many people -~ :..? lake and she felt that the privacy of the property owner<_ ::ould be infringed upon since the lake is private pro pert.; and not for use by th e'pub li c. However, the property o:aners`.ave'no objection to people in the neighborhood using the lak_, ':ut they would have to get permission from the property owners. Regarding a modified cul-de-sac, Mrs. Causbie stated that i= ::cold still allow tr.e public access which would be a nuisance. She stated that the po~.ce department could verify the p_-b'_ems xith the Everett St. turnaround which presently escists. ;!rs. Causbie again pointed out the the City'Attorney, 'slice Department and Fire Department have no objections tc cats 7zcat ton-request. Don Donner, 33E3 Flovrer, was sworn in. He agreed with the comments mad<_ '-~:!rs. Causbie and augmented those comments stating that :~:: ad no problem with people turning around in his dr`_ve::a:• since there were only about one or two cars a day who use tar driveway to turnaround.--He did not se_ the need for a cv_-d=_-sac since it would be surrounded' by water and not provid=_ -ing=~zss-egress en to homes. Julie Taylor, 5430 Everett, was sworn in. She spoke in favor of this request. She stated that the Corporation owns the water storage rights to the resevoir and the Corporation feels that ice skaters are welcome, but the behavior of the people are a probler... =hey don't intend to prohibit the neighbors who would be invited as guests to use the. reservoir. She felt that a p~b..c turnaround adjacent to the lake would create a nut_ance. Dr. Fred Teo;=_y, 3390 Flower Street, was sworn in. He spoke in favor o£ th-=_ application and agreed that the turnaround would be a n =_-:ce. It would eliminate the prettiest part of his property4: ich is a rock garden at present. Gilbert Gr res, .350 plower, was sworn in. He was opposed to the Vacation _-__cest. He asked who would get this land if it were Vacated. Gne :uas informed that the people who originally dedicated i~ ~'d get it back. fie felt that if this Vacation w?re granted -..a: the property owners should n:'o vide a cul-de-sac. 3 _ _. CITY OF. i-0Hu+T RIDGE PLANk iMG 'CO::il1 SSS0N - P.P R1L 21, 15;3 Gene Iacino, 3275 Flower, was sworn in. He spoke in cpposition to the Vacation request. He felt that the property owners should provide a cul-de-sac. He felt the land is very valuable and should not be given assay. Ylhen this land was platted, it was platted for a,street, according to Mr. Iacino. Christine Park-;:ayes, 1700 Glen Gary D^ive, was sworn in. She spoke in opposition to the Vacation request. She stated that she owns the property at 3250 Flower Street. She stated that this matter is still under appeal. and the Court decision could be turned around. She felt a turnaround was needed. The Fire Department pumps water from +he lake. She felt this Vacation, if granted, would take away the right of individuals who caished to use the lake. She felt that a regular size cul-de-sac should be provided and not a modified cul-de-sac. There was no one else present who wished to speak for or in opposition to this application. Planning Commission discussion followed and provision of the cul-de-sac, was discussed. Staff was question about recommenda- tions on the cul-de-sac and staff felt that Public Works should make the recommendation. In addition, conerns were expres=ed ' regarding fire protection. Since there were questions needed to be answered relating to cul-de-sac design and fire protection„ ' Planning Commission felt that perhaps this case should be continued. Commissioner PRESTON stated that he wanted staff to give the Planning Commission a specific recommendation on cul-de-sac requirements on Field and Flower Streets and he wanted more information on the use of water from the-lake by the fire department. and location of fire hydrants. Commissioner PRESTON stated that if the specific cul-de-sac requirements are satisfactory he would support Vacation of this portion of Field Street provided that an easement agreement 5e obtained on that part of Field St. located on the Chaney property. Therefore, Commissioner PRESTON made a motion that this Case (WV-83-1) be continued to the meeting of May 19, 198's. Commnissioner LONGO seconded the motion. Motion carried C6-0) - Commissioner CERVENY did not vote on this. 4 ~GASE NO. WV-93-8. MElV10RANDUM EXHIBIT sB' Approved Date TO: Meredith Reckert, Planner II FROM: Steve Nguyen, Civil EngineerG~ DATE: September 24, 1993 SOBJECT: Right-of-way Vacation, Field Street extended between Field & Flower Streets. Per your request, Public Works Department has sketched up the right-of-way dedication needed for the turn-a-round on both Field and Flower Streets. Each .of these branch turn-a-rounds require approximately 25 feet by 20 feet of right-of-way. Public Works Department recommends that this right-of-way dedication shall-be acquired concurrent with the vacation. In addition, the Public Works Department recommends not to vacate the portion of existing right-of-way north and northwest of Flower Street (please see sketch) in order to provide access to the property located west of this parcel. Please see me if you have any questions regarding this memo. cc: Bob Goebel, Director of Public Works John Oss, Senior Project Engineer u I f~ a~ ~~, _ 1 } w ~~ \` ____ _~ O ~ I, ` `~ l0 .ice i ` ~ ~ ~~ _ !%~: J J 1 L '~ cC_ L C O .' - ~ ~. .t -~______________~.__ _- •1 r ~ C~ L N .-i 00 LnM O~ r / Y I ~ ~ ' ~ U ' ~ -- - ° - Y ` ~ ~ _ _ __ / ~ ' ~ ~ V V N.u.09 `y' ~ R // `L/ O. / _ C l,~/ -________ ~ ~ 1 ~ ~ ~ _ _ C O ~~~~- ~ ~ \ O`\ _____. ~ ~~' 1 ~ ~ 1l V I 1~1~~ _ ___ __~____ m C O ~Ji ~ ~ _______ ± ~ ______ ~~ ~ `~ /I j1 `` _ 1 ;~/ cC G N ti ~~ a ~ X ,, : ~ ~__ ~ __--_- .C ~~~y ' .. 115 ! ` ~ i 0 9 y e ti .: o` @, v G q // i~7~ ~. 1 ~ ___ A ~ I~ ~. 1 ~ i \\\ ~\ ~ /,~ i L..1 i~ O O --- in m ---._ - -o 00 ~ _- N t »r ~ ~ v ~, F. t ~~ .;~ " W N ~ V t ~ ~' .S,J . i ' '~',, .', ~ , . ~' ' ~ ~" ~ - ,°,., ~ _, A ~ ~ ~~ >~. ~ ~~ ~` `= ' ~5 ' l v ..'` ' e 0 .?., g a a ~~ ~~~ ( ~+y q r<! Y 4" +y . ~ '( ~ kGt~ ;w ~ r !" t ~ ~ 1 ~ ~` -Tya au;- ry ~ f^ y ~_ _ S ~ ~ ~ µ I.:-ITT I ]' ~' ..b ~J.`kTZ'i~u. a ~L.L~~ .)-'"~~~' p .5iyA5n'~.A ' I ~ ~ ~ e ,f ,4 n~ t ~A:I~'y( ~` Y a yy~r ,~ ~, ^. M~ 43.n ~. _^.~yy. J ~ b 4M '~ ~~ r s „~ b., ~ .. __~ r ~ ~~~ ..~ ~.- ~- ~ ~~ -:~ ,. 1 r I ® M. ~ ~J< r 4 ~+, f5 "C S ~: ~ :. '}M1 }y ry j ~ Y c4C. . ~~ ~ y .__ ~ ~~ , ~ ~ ate. ~.~ } `±`A~ ~x"v ~ .. ," ~' ~. ,_~ , . ~ ,ier~ } T~C~.e, _ 'n9i4 f .,.i. _ .., r~ I~ ~~ '~ .v: '~ a v:..; .. - ^: ti '. ~. r.> ' fi~i a `^ 'h._ ..v ~,:.~..tA~ is » .~ Fy '3~ Y'+.p' a ~, :{rwc ~C: . .• re ~ xF ~ .. \ ~~ ~ w'~~ c '~ y y ~'. ~ ~ I\ ~ti ~ - ..b - - A ~-. ~ v ~~ ~~' E s~ ~C i ~~ ~•' ~~' ~ SLR E,~ E T ' ::'~ y~C ~ ~ 4. r«, ~,n: ...:.x r~' .~ .. ~~ t .. {' ~ .. .~ r~ y ~ • ~d 's .., ~' • ~ a • '~'ru Sjy ,~. ~` a ~«. < . . ~~~ ~ r .. ~ ~~ u~`~. ~, , . ~s Y~ YV rS f n4 A~f i.± ~' .. 4 ~aii ~~.-.. . .C' 4' ._ f"'.*~'C._ .., w~'.~' }~~ ` RC'" ` m ~,+srK r rye ~ : r , ~ } { ~O-~ ~ r .E Y z+' ~' . . . 7500 WEST 29TH AVENUE P.O. BOX 638 The CJ(y Of WHEAT RIDGE. CO 80034-0638 ~ ~ - (303) 234-5900 heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 'Ridge September 29, 1993 Dear Area Resident: This letter is in regard to the request for a vacation of Field Street (north of West 32nd Avenue) between Field and Flower, Case No. WV-93-8. As you will recall, at the August 12, 1993 Planning Commission meeting a motion was made that the case be continued until October 21 so staff could meet with the neighborhood regarding turnaround designs on Field and Flower Streets. A meeting has been scheduled for Thursday, October 7 at 6:30 p.m. in the Council Chambers at City Hall (7500 West 29th Avenue). Staff members from both the Public Works and Planning and Development Departments will be in attendance to discuss the recommendation being made. Please try to be prompt, as we have the room for only one hour. If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, ~~~ Meredith Reckert Planner MR:slw cc: .Bob Goebel Greg Knudson WV-93-8 file Cp Rn.prlnl Poper North Henry Lee Reservoir Corporation 3480 Everett Street Wheat Ridge, CO 80033 Telephone 303-234-1534 May 9, 1994 Memorandum To: Wheat Ridge City Council From: Julia E. H. Taylor, Secretary Subject: Support for proposed vacation of Field Street extended (Case No. WV-93-8/McCloud) I am Julia E. H. Taylor, 3480 Everett Street, Wheat Ridge. I represent the Board of Directors and members of the North Henry Lee Reservoir Improvement Corporation (NHLRIC). The NHLRIC has received a copy of the Planning Commission Staff Report, dated April 29, 1994, and copies of an air photo and drafted plat showing proposed disposition of land related to the proposed vacation of a portion of Field Street extended (Case No. W V-93- 8/McCloud) and proposed new easements for public turnarounds near the dead-ends of Field Street and Flower Street near the shoreline of the North Henry Lee Reservoir. On behalf of the Board of Directors and member~of the North Henry Lee Reservoir Corporation, I extend support for the proposed vacation of Field Street extended, as descnbed in Staff Report W V-93-8/McCloud, with the stipulation that no encroachment will be made on the shoreline of the reservoir and that no reduction in the storage capacity of the reservoir will be made during construction or future maintenance of public turnarounds at the end of Flower Street and Field Street. Respectfully, Julia E. H. Taylor Secretary RECEPTION NO. 940895c0 15.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 5/17/94 9:47 INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill 51 ORDINANCE NO. 963 s Series of 1994 `~~ 4 TITLE: AN ORDINANCE VACATING A PORTION OF FIELD STREET EXTENDED BETWEEN FIELD AND FLOWER STREETS AT APPROXIMATELY 3401 FIELD STREET, WITHIN THE CITY OF ~~ _ WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, right-of-way was previously dedicated for Field Street extended between Field Street and Flower Street at approximately 3401 Field Street; and WHEREAS, said part of Field Street lies within the City of Wheat Ridge, County .of Jefferson, State of Colorado and, a portion of said right-of-way is inundated by the waters of Lake Henry Lee North Reservoir; and WHEREAS, said right-of-way is not needed by the City for roadway or right-of-way purposes; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: dedicatedjstreet withinltheiCity ofiWheat Ridge,SCounty of Jefferson, State of Colorado, is hereby vacated, to wit: A tract of land lying in the NE 1/4 of Section 27, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as £dllows: THAT PORTION OF THE UNNAMED STREET NORTH OF AND ADJACENT TO LOTS 16 AND 23 OF GOODHART-STODDARD SUBDIVISION, LYING AND HEING SOUTHEASTERLY OF THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 16 AND NORTH OF THE NORTH LINE OF SAID LOT 16, AND NORTH OF THE NORTH LINE OF SAID LOT 23 AND ITS EXTENSION EASTERLY TO THE EAST LINE OF FIELD STREET. TOGETHER WITH THAT PORTION OF FIELD STREET LYING NORTH OF A LINE FROM THE PCR ON THE EAST LINE OF LOT 23 OF GOODHART-STODDARD SUBDIVISION TO THE PCR ON THE WEST LINE OF LOT 24 OF GOODHART-STODDARD SUBDIVISION. SAID GOODHART- STODDARD SUBDIVISION BEING RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO AT PLAT BOOK 7 PAGE 46. Said tract containing 15,230 square feet more or less. Section 2 Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2-302 to the adjacent property owners of record. i ~ ~. ordinance fIo. 963 _ Page 2 Series of 1994 Sa~+_ion 3. safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health,, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines 'that the ordinance bears a rational relation to the proper legislative ,object sought to be attained. santton 4. Severability If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be 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. Section 5 _This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ 8 to 0 on this 11th day of April 1994, 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 9 ,, 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of g to 0 this 9th day of May , 1994. SIGNED by the Mayor on this 10th day of May t~~ 5. Wanda, Sang, I"PSt LERK .~,,r.... '~~_ 'Lui',,i,~' ~. _:~~ ~~ •~ 1st Publication: April 2nd Publication: May 17, Wheat Ridge Sentinel Effective Date: May 18, <pc>ordwv938 1994. ,C~-,,,1~,`.CsL`~ Dan Wilde, MAYOR APPROVED AS O F RM BY CITY ATTORNEY i Kathr ro er, CITY ATTORNEY 19, 1994 1994 1994 o<, ,rM lj E A" .r. � J t LO & DONNER ' 3385 FLOWER LOT 16 TEPLEY 3390 FLOWER LOT 24 LOT 23 ax.x` KIMBALL LOT 17 McCLOUD 3290 FIELD ... 3255 FIELD 3330 FLOWER LOT SOLEM 3260 FIELD LOT 26 3230 FIELD •. r a � • w � M° �°N• � v f ma y" • wx✓ r+f w✓ 1 (xx• -~ '' AGENDA ITEM RECAP QUASI-JUDICIAL X Yes NO __ PUBLIC HEARINGS __ PROC./CEREMONIES __ CZTy p~M• HATTERS BIDS/MOTIONS __ CITY ATTY. MATTERS LI -- ELEC. OFFICIALS ORDINANCES MATTERS ,__ INFORMATION ONLY __ QUOR HEARINGS FOR X ORDINANCES 1ST READING __ PUBLIC COMMENT FOR __ RESOLUTIONS 2ND READING AGENDA ITEK TITLE:. Consider Ordinance No. p right-of-way for Field Street extended between Fieldion of and Flower Streets at approxi mately 3401 Field Street, SUMMARY/RECOMMENDATION: Council Bill No. would allow for the vacation of right-of-way which runs partially under the waters of Lake Henry Lee North Reservoir. ATTACHMENTS: BUDGETED 1) staff report ITEM: Yes No 2) 3). Fund Dept/Acct # Budgeted Amount $ 'Requested Expend.$ Re3uises Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bi11 No. a request f@r approval of an unused portion of Field Street extended between Field end Flower Streets, be vacated for the following reasons: 1. There are no utilities in the right-of-way. 2. No properties have access from the right-of-way. 3. Planning Commission recommends Approval. With the condition that turnarounds on Field and Flower Streets are provided in accordance with Section V of the staff report. Y,~ r 4.. .t ~ T- ~y ~6: ~~ - ~ Sly R `» t a ~.~ a --Y 'pz: ..: ,'s •. ~ '.# .- ~ ^ 4 i k `. \ Y ~~~ ...- s ~~ ~ .. ~~ ry ~ ^~ T . - ~. , . ~f~~ ~ ~~ ~`,•E ~'~ E~ ,.. ,,. ,~ . .. ..- i"` :_~;~-"may:+. "; r r ~, ~E ~`+jt ! ~ ~~.~ /~' ; F Y~ ~, ~.--= %,'. *_:_..: .K A .. [ r ~ ~ .-i... Yin:;^'~ %~ ;: ~ , ~. ~ .... v Y \.. ,. ~: ~~ ~ •~ . ~~ ,- ~ , _ i a ~ .. ~:; ~~.` ~' .rr .d. 4.,~~:, .. Rx~ ..#i,~', y e R ~~! r y~y~~~iY~ i • F( ~ ~W.{ l .~+. yt:. ,. M1. `~:°' ~a ~ ~~.. F. `~__ C t,_-, \ s . y .y: \ r ~~ ti l ` ~ ,~E., .~;_. - ~ ~~ ' , 'i ` y~~~ . Jr J f,, i /, I ~ f I lYnl.•r~Y 7i~~ O .,, ,, ~;, _ -~ ~ ~ .; ' ;, _ J ~~ir7G ,ti , ~r !4 ~~~00~~ ~. ~ ~,•_, ,_ ~ ~.. , a ... ._ . ,,~ . . . i l ' W~ I .,,~~ qs- P is This was an unused portion of the street and is still shown on our maps (comprehensive plan and zoning). Attached is a copy of Ordinance No. 963 along with a map depicting the vacated portion of street for your information. 1M eApIanning\fbrmsNmemotemp