The URL can be used to link to this page

Home My WebLink AboutWV-99-01INTRODUCED BY COUNCIL MEMBER Council Bill No. _ 9 Ordinance No. 1152 Series of 1999 Eafanti TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF WEST 40TH AVENUE, APPROXIMATELY 10000 WEST 40TH AVENUE, (CASE NO. WV-99-01) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, right-of-way was previously dedicated for West 40th Avenue between 38°i Avenue and West 4111 Avenue on the West side of Kipling (hereinafter, the "subject right-of-way"); and WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado; and WHEREAS, the subject right-of-way is not needed for any public purpose; and WHEREAS, no land adjoining the subject right-of-way will be left without access to the public street system as a consequence of its vacation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Vacation. The following, portion of West 40°i Avenue, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A parcel of land located in the southeast quarter of the southeast quarter of Section 21, Township 3 South, Range 69 West of the 6" Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southeast corner of said Section 21, thence N 0°04'58" W along the east line of said Section 21 a distance of 1,046.83 feet. Thence S 89°24'00" W a distance of 50 feet to the point of beginning. Thence continuing S 89°24'00" W a distance of 280.75 feet. Thence N 00°04'58" W a distance of 50 feet to the point of beginning. Parcel contains 14,038 feet more or less. Exhibit B as attached hereto is made a part hereof. The basis of bearing for this description is the east line of the southeast quarter of Section 21, Township 3 South, Range 69 West of the 6" Principal Meridian which bears N 0°04'58" W. Section 2. Conditions. A utility easement is hereby reserved over the property hereby vacated in accordance with Section 43-2-303(3), C.R.S. Section 3. Vesting. Upon the vacation accomplished hereby, title to the property vacated shall revert to abutting property owner(s) of record in the manner set forth in Section 43-2-302, C.R.S. Section 4. 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. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance Code or the application tlicrcGf to aIIy pcrSGrl or CirC i115ta 1CcS S11ail 1vr aniy reason be auj U Lt U Uy a CUWLL of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of January , 1999, 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 February 8 , 1999 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 8 to 0 , this 8th day of ATTEST: Wanda Sang, City Cler APPR AS TO FO Y CITY A ORNEY GERALD DAHL, CITY ATTORNEY IstPublication: January 29, 1999 2nd Publication: February 12, 1999 Wheat Ridge Transcript Effective Date: February 27, 1999 C:\Barbara\CCRPTS\RESO.ORD\ W V9901.wpd Ordinance No. Pale 2 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building February 8. 1999 The Regular City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police, Jack Hurst; Director of.Public Works, Bob Goebel; staff, and interested citizens. APPROVAL OF MINUTES OF January 25, 1999 Motion by Mr. Eafanti for the approval of the Minutes of January 25, 199; seconded by Mr. Mancinelli; carried 8-0. CITIZENS' RIGHT TO SPEAK Mike Emarine, 3030 Chase Street, read a letter into the record from Wheat Ridge United Neighborhoods, Inc. The letter addressed budget matters, asked that no personnel cuts be instituted and fees and charges not be increased; requested that the Greenbelt have a professional manager and that the position not be abolished; asked that the budget be clarified. Mr. DiTullio asked for consensus that the Personnel Commission would review the vacation policies of the City; consensus was 8 in favor. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 2 - An Ordinance vacating an unused portion of West 40", Avenue, approximately 10000 West 401h Avenue, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-01) Council Bill 2 was introduced on second reading by Mr. Eafanti; title read by the Clerk; Ordinance No. 1152 assigned. CITY COUNCIL MINUTES: February 8, 1999 Page - 2 - Sean McCartney was sworn in by the Mayor and presented the staff report. Motion by Mr. Eafanti that Council Bill 2 (Ordinance 1152), Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40`h Avenue (approximately 10000 West 401h Avenue) be approved for the following reasons: 1. The property has never been developed and used only to access one home which is no longer there. 2. The Public Works Department does not see any future needs for the ROW for future use. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval; seconded by Mrs. Shaver; carried 8-0. ORDINANCES ON FIRST READING Item 2. Council Bill 3 - An Ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to Buildings and Building Regulations. Council Bill,3 was introduced on first reading by Mr. Siler; title and summary read by the Clerk. Motion by Mrs. Dalbec that Council Bill 3 be postponed and send to the Blue Committee for review and then be brought back to Council; seconded by Mr. Donnelly; carried 7-1 with Mr. Siler voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Resolution 02 - authorizing a cooperative agreement between the City of Wheat Ridge and the Arts Council of Wheat Ridge, Inc. Resolution 02 was introduced by Mrs. Shaver; title and summary read by the Clerk. Motion by Mrs. Dalbec to postpone this Item until Ms. Pitinga gets here; seconded by Mr. Eafanti; carried 8-0. Item 4. Illuminated Street Name Signs. (RFB #98-42) Item 4 was introduced by Mr. Siler; title and summary read by the Clerk. rRAFT QUASI-JUDICIAL , X Yes No X PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS ORDINANCES FOR I ST READING BIDS/MOTIONS LIQUOR HEARINGS X ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WV-99-01: City of Wheat Ridge SUMMARY/RECOMMENDATION: Approval of a vacation of an unused portion of either all or a portion of a right-of-way located on the west side of Kipling Street at approximately 10000 West 40' Avenue BUDGETED ITEM: Yes No aw*j "I move that Council Bill No. , Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of - West 4& Avenue (approximately 10000 W. 40 Avenue) be APPROVED for the following reasons: property has never been developed and used only to access one home which is no longer there. 2. The Public Works Department does not see any future needs for this ROW for future use. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensi Plan. 4. Staff recommends approval." C:\Barbara\CCRPI'S\wv9901cover2,wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: February 8, 1999 DATE PREPARED: January 29, 1999 WV-99-01/ CASE MANAGER: Sean McCartney City of Wheat Ridge An application by the City of Wheat Ridge to initiate vacation of an existing right- of-way, West 40' Avenue. NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) Approximately 10000 West 40' Avenue City of Wheat Ridge 7500 West 29' Avenue Wheat Ridge, CO 80215 Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: 14,000 square feet Commercial-One Vacant / public right-of-way N: and S: Commercial-One, W: and E: Residential-One N:, W:, S: Recreation Center and E: Open Space Public \ Semi-Public Commercial Activity Center DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: January 15, 1999 January 11, 1999 January 8, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS Q 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. I. REQUEST This is a request for approval to vacate a portion of unused right-of-way (ROW) known as West 40cn Avenue. The portion of ROW in question is located on the west side of Kipling Street, within the future Wheat Ridge Recreation Center site (Exhibit `A'). II. DESCRIPTION The request for vacation of ROW is derived from the development of the Wheat Ridge Recreation Center. The land in question measures 50' in width and approximately 280' in length (the length extending east to west from Kipling Street). The unused ROW in question was platted and dedicated as ROW through the recordation of the Blevins Subdivision on May 29', 1969, but was never developed. The Wheat Ridge Public Works Department has stated that there aren't any future plans to develop this as ROW being that the need for a public street in this location is no longer warranted. The City of Wheat Ridge has chose the adjacent property for development of the new Wheat Ridge Recreation Center. The development plan shows that the future recreation center will be utilizing the land dedicated as ROW for both a portion of the recreation center and the parking lot (Exhibit `A'). There are no intentions to use this land as ROW in the future. III. COMPREHENSIVE PLAN The Comprehensive Plan currently shows this property as a local street, even though it has never been developed. According to the existing Comprehensive Plan, the existing parcel is located within the Commercial Activity Center land use designation and as Public \ Semi Public within the Future Land Use Map. Therefore, development of this parcel for recreation purposes is consistent with the Future Land Use Map. IV. VACATION CRITERIA Before a street ROW vacation is approved, the applicant shall show and the Planning Commission and the City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. If approved, the proposed vacation will not leave any adjoining land without an established public road as this ROW is not developed and has never had public improvements. The Wheat Ridge Recreation Center, which is the only use proposed for this site, will access Kipling Street and the future West 39' Avenue (see attached plan). City Council WV-99-O1/City of Wheat Ridge 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the City's Comprehensive Plan and should be omitted as a designated public ROW from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the ROW in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. Currently, there aren't any existing utilities or utility easements established in the right-of- way, nor are there any future plans to place utilities within this area. Therefore, there isn't a need for any additional utility easements. V. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. VI. PLANNING COMMISSION ACTION This case was heard before and approved by Planning Commission on January 7, 1999. The following are the reasons for their approval: 1. The property has never been developed and was always used in the past only for access to one home which is no longer in existence. 2. The Public Works Department does not see any future needs for this right-of-way. 3. This request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that this ROW has not been used as a street nor does it provide access to an adjacent parcel and therefore will not leave any adjoining land without public access. The intentions of the City of Wheat Ridge will be to utilize the vacated land for development purposes for the Wheat Ridge Recreation Center. City Council WV-99-01/City of Wheat Ridge VII. RECOMMENDED MOTIONS OPTION A: "I move that Council Bill No. 0C~ Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40' Avenue (approximately 10000 West 40' Avenue) be APPROVED for the following reasons: 1. The property has never been developed and used only to access one home which is no longer there. 2. The Public Works Department does not see any future needs for this ROW for future use. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval." OPTION B: "I move that Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40`h Avenue (approximately 10000 West 40' Avenue) be DENIED for the following reasons: 1. 2. 3." EAWCa ey\case fi1es\WV-99-01.SR.wpd City Council Page 4 WV-99-01/City of Wheat Ridge PUBLIC HEARING A. Case No. WV-99-01: An application filed by the City of Wheat Ridge for approval to vacate that unused portion of all, a portion of, or such additional public property immediately adjacent to the right-of-way located at approximately 10000 West 40th Avenue. Property is zoned C-1 and located west of Kipling Street. Sean McCartney was sworn in by Chair BRINKMAN. He reviewed the staff report and presented overheads of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He stated that staff recommended approval of the application. Commissioner SNOW stated, for the record, that although the subject right-of-way had never been paved it had been used in the past. Commissioner SNOW asked for clarification regarding the Public Works Department request that the west 15 feet of the vacated right-of-way should be reserved for the continuation of the existing bike path. Mr. McCartney reviewed the location of the bike path and explained that there would be a consolidated plat for the area. Mr. White stated that he felt it would be redundant to reserve any easement for the bike path. Mr. McCartney stated that this request would be removed from the conditions. In response to a question from Commissioner THOMPSON regarding the bike path going through the parking lot, Mr. Wardle replied that the bike path would be located along the edge of the parking lot and that the proposed location presented the most direct route through the site. It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40th Avenue (approximately 10000 West 40th Avenue) be approved for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Public Works Department does not see any future needs for this right-of-way. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. Commissioner SNOW offered an amendment to change the wording in the first reason to read as follows: The property has never been developed and was used in the past only for access to one home which is no longer in existence. The amendment was accepted by Commissioners THOMPSON and GOKEY. Planning Commission Page 2 01/07/99 ~ Jew ~-0~, 'S~` 39oz '^~j '••r w San, nvE a OFFICIAL ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: September 17, 1996 ® AREA REQUIRING SITE PLAN APPROVAL r_• • , 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT 50UNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE + DENOTES MULTIPLE ADDRESSES 5E 21 xorsm o muo w m m SCALE 1'.400 DFARn-e,r OF PL"W MID DEYH.CPHzrr - 2 S-M LEGAL DESCRIPTION FOR W. 40TH AVENUE STREET VACATION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21. THENCE N 0°04' 58"W ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 1,046.83 FEET. THENCE S 89-24'00" W A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING S 89°24' 00" W A DISTANCE OF 280.78 FEET. THENCE S 00°06' 41" E A DISTANCE OF 50 FEET. THENCE N 89°24' 00" E A DISTANCE OF 280.75 FEET. THENCE N 00° 04'58" W A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 14,038 FEET MORE OR LESS. EXHIBIT B AS ATTACHED HERETO IS MADE A PART HEREOF. THE BASIS OF BEARING FOR THIS DESCRIPTION IS THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN WHICH BEARS N 0° 04'58" W. THE AUTHOR OF THIS LEGAL DESCRIPTION IS MR. JOHN P. MCGUIRE PLS 28279, PREPARED FOR AND ON BEHALF OF THE CITY OF WHEAT RIDGE. IT IS NOT TO BE CONSTRUED AS REPRESENTING A MONUMENTED LAND SURVEY. MR. JOHN P. MCGUIRE, PLS 28279 I V J m m n O z n m Z m A m O C n 0 m~ cn G~ Z 0 m 0 m Z 0 R Cn m m Z EXH517 6 POINT OF DEGINNING 5 89o 24' 00" N 50' 559024'00"H 280.78' /I 5 000 06' 41" N 50'~ "W* H AVE j 0" E 280.75' I I AREA TO DE VACATED L- 50' ~1,6 'o ~1= X13 1"= 100 I O 0 O Z I I 38TH AVE 5.E. CORNER 5EC.21 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT 15 INTENDED TO DEPICT THE ATTACHED DESCRIPTION. JOHN P. MCGUIRE, PI-5 28279 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF WEST 40TH AVENUE, APPROXIMATELY 10000 WEST 40TH AVENUE, (CASE NO. WV-99-01) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, right-of-way was previously dedicated for West 40" Avenue between 38t' Avenue and West 411' Avenue on the West side of Kipling (hereinafter, the "subject right-of-way"); and WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado; and WHEREAS, the subject right-of-way is not needed for any public purpose; and WHEREAS, no land adjoining the subject right-of-way will be left without access to the public street system as a consequence of its vacation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Vacation. The following portion of West 40" Avenue, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A parcel of land located in the southeast quarter of the southeast quarter of Section 21, Township 3 South, Range 69 West of the 6' Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southeast comer of said Section 21, thence N 0°04'58" W along the east line of said Section 21 a distance of 1,046.83 feet. Thence S 89°24'00" W a distance of 50 feet to the point of beginning. Thence continuing S 89°24'00" W a distance of 280.75 feet. Thence N 00°04'58" W a distance of 50 feet to the point of beginning. Parcel contains 14,038 feet more or less. Exhibit B as attached hereto is made a part hereof. The basis of bearing for this description is the east line of the southeast quarter of Section 21, Township 3 South, Range 69 West of the 6" Principal Meridian which bears N 0°04'58" W. Section 2. Conditions. A utility easement is hereby reserved over the property hereby vacated in accordance with Section 43-2-303(3), C.R.S. Section 3. Vesting. Upon the vacation accomplished hereby, title to the property vacated shall revert to abutting property owner(s) of record in the manner set forth in Section 43-2-302, C.R.S. Section 4. 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. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1999, 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 , 1999 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 to , this day of , 1999. ATTEST: Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Barbara\CCRPTS\RESO-ORD\W V9901.wpd GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ordinance No. Page 2 - - - - N 4a0 AVE . ~RD :`.rte zz . R-G . w~e3v~I51R 8 .t. 4oeB 4093 be0 b73 118 b 6 1B]s b 620 01 J ~ 3912 Seao SoaS SPo2 I m I~ w t ui N 30TH Ave OFFICIAL ZONI NC MAF WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revi5im: Septembv 17, 1996 1071 19et 1031 iQ-79-47 1•IZ-9t T R-G N 41ST AVE ~i R4:21 o ~ 50" 8 - • r m h ~ - - p 648 - _ - - - lans 642 SITS. 1M3 ~1o w OJT BLEVi p 1!T S4g o 9- ~ W 1 2 SUB ~ J y J 7 w G- I 3099 97 2 ~ 3989 r 3939 3°°° ° ? N , ' 3959 3 Stµg.. 4 3949 Jy e r 92 V / lY ~10 3918 391 3999 3992 ® AREA REQUIRING SITE PLAN APPROVAL 100-YEAR ROOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT 80UNDRY - PARCEL./LOT 5CIjNDRY (DESIGNATES OWNERSHIP) WATER FEATURE + DENOTES MULTIPLE ADDRESSES 5E 21 kmn 9 >o® SCALE I•m400 D82ARrP W GP PLIM 6 RV VeMXI, 8W - 215.1&51 $P1I71eSt tQ n4apmva t(LSL2oate j1ortion o ~ 50' wide X 280' long unused, never constructed if vacated, will not leave any property without access because the Wheat Ridge Recreation Center encompasses the entire right-of-way the proposed access point for the Rec. Center will be located to the south of the vacated right-of-way and does not need the right-of-way to allow for access to the property. Approval of the vacation will not hinder any future plans established in the Comprehensive Plan nor with any future Public Works projects. If approved, the vacated land will be used for the development of a portion of the Rec. Center parking lot. CITY COUNCIL MINUTES: January 25, 1999 Page - 2 - ORDINANCES ON FIRST READING Item 1. Council Bill 1 - An Ordinance providing for the approval of a rezoning from Residential-Two and Residential-Three to a Planned Residential Development and for approval of an Outline Development Plan on land located at 3190 Teller Street/3195 Saulsbury Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-99-01) (Smethills) Council Bill.1 was introduced on first reading by Mr. DiTullio, who also read the title and summary. Motion by Mr. DiTullio that Council Bill 1 be approved on first reading, ordered published, public hearing be set for Monday, February 22, 1999 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately; seconded by Mrs. Worth; carried 8-0. Item 2. Council Bill 2 - An Ordinance vacating an unused portion of West 40" Avenue, approximately 10000 West 40' Avenue, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-01) Council Bill 2 was introduced on first reading by Mr. Eafanti; title read by the Clerk. Motion by Mr. Eafanti that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, February 8, 1999 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Shaver; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. A. Resolution 1 - An Emergency Budget Resolution appropriating funds for the year of 1999 in order to construct the Wheat Ridge Recreation Center. . Item 3.-B. Bid Award for Wheat Ridge Recreation Center, Bid Pack 2B. Motion by Mrs. Worth to postpone these Items until February 8, 1999; seconded by Mr. Eafanti; carried 8-0. AGENDA ITEM RECAP AGENDA ITEM January 25, 1999 QUASI-JUDICIAL X Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR l ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WV-99-01: City of Wheat Ridge SUMMARY/RECOMMENDATION: Approval of a vacation of an unused portion e(L,f¢1'4 a f9ie 6f a right-of-way located on the west side of Kipling Street at approximately 10000 West 40`h Avenue ATTACHMENTS : 1) PC Report dated 1/7/99 2) PC Minutes of 1/7/99 3) Ordinance of Approval BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Cou?teffect c' Bill No. Qj be approved on first reading, ordered published, public hearing be set for Monday, Febru 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved an second reading, 15 days after final publication." V rove~ 10 ff1Cit CABarbara\CCP PTS\wv9901 cover l.wpd t i he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge January 18, 1999 Dear Property Owner: This is to inform you that Case No. WV-99-01 which is a request for approval of a vacation of the unused portion of either all, a portion of, or such additional public property immediately adjacent to, the right-of-way located at approximately 10000 West 40' Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on February 8, 1999, at 7:00 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you are invited to attend this Public Hearing and/or submit any comments you may have. It is the applicant's responsibility to notify any other person(s) whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\CCRPTS\PUBNOTI0wv9901 certletter.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 c d N ,I G N J N y d K a a ~ 9 Q > - N v U ~ a K 3 Z ~ `m ? i d ~ ~ a C 7 N I :O N R' > R' o . O N m N ~ N . N m o U a N L O wo oar E w o ra= x ~ am n ~ rn < m N Q m ° ~ U 3 v 0 O R E y ° m N C ~ mw C ~ ~ m ~ V1N m N m O L m o N m a c0 ~ x mU C> y W a Q a5g N N V N ~ O O-'O _ N d N E Vj C m ~ d > m jn U Q > N ' n O ~ WE 0 w E ❑ ❑ ❑ ® a ❑ m z d LO U_ { W a r a M m (7 p Q OO o m m TWO E m U = z Q Q W z x~o > M U. N Oda ? a W Z } p Z 2 Hp Una a EI Q N T O O. W 0 P, N 0. O N z z ~ U H v b c T N U 0 m z ro F PUBLIC HEARING A. Case No. VW-99-01: An application filed by the City of Wheat Ridge for approval to vacate that unused portion of all, a portion of, or such additional public property immediately adjacent to the right-of-way located at approximately 10000 West 40th Avenue. Property is zoned C-1 and located west of Kipling Street. Sean McCartney was sworn in by Chair BRINKMAN. He reviewed the staff report and presented overheads of the subject area. He entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by Chair BRINKMAN. He stated that staff recommended approval of the application. Commissioner SNOW stated, for the record, that although the subject right-of-way had never been paved it had been used in the past. Commissioner SNOW asked for clarification regarding the Public Works Department request that the west 15 feet of the vacated right-of-way should be reserved for the continuation of the existing bike path. Mr. McCartney reviewed the location of the bike path and explained that there would be a consolidated plat for the area. Mr. White stated that he felt it would be redundant to reserve any easement for the bike path. Mr. McCartney stated that this request would be removed from the conditions. In response to a question from Commissioner THOMPSON regarding the bike path going through the parking lot, Mr. Wardle replied that the bike path would be located along the edge of the parking lot and that the proposed location presented the most direct route through the site. It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40th Avenue (approximately 10000 West 40th Avenue) be approved for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Public Works Department does not see any future needs for this right-of-way. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. Commissioner SNOW offered an amendment to change the wording in the first reason to read as follows: The property has never been developed and was used in the past only for access to one home which is no longer in existence. The amendment was accepted by Commissioners THOMPSON and GOKEY. Planning Commission Page 2 01/07/99 The motion passed by a vote of 7-0. 8. CLOSE THE PUBLIC HEARING Chair BRINKMAN declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Comprehensive Plan Hearing. Chair BRINKMAN requested a discussion of the Comprehensive Plan Hearing to be held on January 21, 1999. Mr. White stated that the hearing has been advertised. He advised the Commission that City Council held a study session to discuss the future land use map and gave direction to staff to develop two alternative maps to be presented to Planning Commission for consideration. He stated that Planning Commission would receive the two maps in their meeting packets along with explanations of the differences in the maps. Commissioner SNOW expressed concern that a legal notice in the newspaper was not sufficient notice to the public. Mr. White replied that the notice could be posted on the cable television channel and that notices would be sent to everyone who had attended previous Comprehensive Plan meetings. Commissioner GOKEY asked for clarification regarding the districts to be discussed at the meetings. It was decided the first meeting would involve Districts One and Two and the second meeting would involve Districts Three and Four. Commissioner THOMPSON requested that notification be sent to people regardless of the district they live in. Mr. White suggested that a notice be sent to everyone who had previously attended meetings and explain that Districts One and Two will be addressed on January 21 and another notice would be sent when the meeting date is determined for Districts Three and Four. Commissioner SNOW referred to an article in the Chronicle which included a summary of concerns regarding the Comprehensive Plan presented to City council by Alan White. She expressed concern that Planning Commission members had not received a copy at the same time the City Council received it. Mr. White replied that he had planned to include this summary in the meeting packet for January 21; however, he stated that he would have copies of the summary available to the Commissioners before the end of the meeting. Commissioner GOKEY commented that the purpose of the Comprehensive Plan is to be a guidance tool, but the written law of the community is contained in the code of laws. Commissioner THOMPSON commented that by the nature of motions which contain wording that the application is in conformance with the Comprehensive Plan gives it more weight. Planning Commission Page 3 01/07/99 Planning Commission Staff Report Case No. WV-99-01 / City of Wheat Ridge TO: Planning Commission DATE OF MEETING: January 7, 1999 CASE NO. & NAME: WV-99-01 / City of Wheat Ridge DATE PREPARED: December 30, 1998 CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by the City of Wheat Ridge to initiate vacation of an existing right-of-way, West 40' Avenue. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S) Approximately 10000 West 40' Avenue City of Wheat Ridge 7500 West 29`r Avenue Wheat Ridge, CO 80215 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: 14,000 square feet Commercial-One Vacant / public right-of-way N: and S: Commercial-One, W: and E: Residential-One N:, W:, S: Recreation Center and E: Open Space Public \ Semi-Public Commercial Activity Center December 18, 1998 December 23, 1998 December 16, 1998 (XX) ( ) NOT REQUIRED (XX) ( ) NONE ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( ) OTHER (XX) CASE FILE & PACKET MATERIALS (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. Planning Commission Staff Report Case No. WV-99-01 / City of Wheat Ridge 1. REQUEST This is a request for approval to vacate a portion of unused right-of-way (ROW) known as West 40" Avenue. The portion of ROW in question is located on the west side of Kipling Street, within the future Wheat Ridge Recreation Center site (Exhibit `A'). H. DESCRIPTION The request for vacation of ROW is derived from the development of the Wheat Ridge Recreation Center. The land in question measures 50' in width and approximately 280' in length (the length extending east to west from Kipling Street). The unused ROW in question was platted and dedicated as ROW through the recordation of the Blevins Subdivision on May 29'", 1969, but was never developed. The Wheat Ridge Public Works Department has stated that there aren't any future plans to develop this as ROW being that the need for a public street in this location is no longer warranted. The City of Wheat Ridge has chose the adjacent property for development of the new Wheat Ridge Recreation Center. The development plan shows that the future recreation center will be utilizing the land dedicated as ROW for both a portion of the recreation center and the parking lot (Exhibit `A'). There are no intentions to use this land as ROW in the future. III. COMPREHENSIVE PLAN The Comprehensive Plan currently shows this property as a local street, even though it has never been developed. According to the existing Comprehensive Plan, the existing parcel is located within the Commercial Activity Center land use designation and as Public \ Semi Public within the Future Land Use Map. Therefore, development of this parcel for recreation purposes is consistent with the Future Land Use Map. IV. VACATION CRITERIA Before a street ROW vacation is approved, the applicant shall show and the Planning Commission and the City Council shall make the following determinations: That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. If approved, the proposed vacation will not leave any adjoining land without an established public road as this ROW is not developed and has never had public improvements. The Wheat Ridge Recreation Center, which is the only use proposed for this site, will access Kipling Street and the future West 39th Avenue (see attached plan). Planning Commission Staff Report 3 Case No. WV-99-01 / City of Wheat Ridge 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the City's Comprehensive Plan and should be omitted as a designated public ROW from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the ROW in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. This request was referred to John McGuire, City Surveyor, and he requests that the west 15' of the vacated ROW "should be reserved for the continuation of the existing bike path either at this time or on the forth coming plat". V. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the west 15' of the vacated ROW "should be reserved for the continuation of the existing bike path either at this time or on the forth coming plat". VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that this ROW has not been used as a street nor does it provide access to an adjacent parcel and therefore will not leave any adjoining land without public access. The intentions of the City of Wheat Ridge will be to utilize the vacated land for development purposes for the Wheat Ridge Recreation Center. VII. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40' Avenue (approximately 10000 West 40" Avenue) be APPROVED for the following reasons: 1. The property is and has always been unused for street or access purposes, 2. The Public Works Department does not see any future needs for this ROW for future use, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, Planning Commission Staff Report Case No. WV-99-01 / City of Wheat Ridge 4. Staff recommends approval. with the following condition: The west 15' of the vacated ROW should be reserved for the continuation of the existing bike path either at this time or on the forth coming plat." OPTION B: "I move that Case No. WV-99-01, an application for approval of a right-of-way vacation of an unused portion of West 40th Avenue (approximately 10000 West 40't Avenue) be DENIED for the following reasons: 1. 2. 3." i he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge December 16, 1998 Dear Property Owner: This is to inform you that Case No. VW-99-01 which is a request for approval of a vacation of the unused portion of either all, a portion of, or such additional public property immediately adjacent to, the right-of-way located at approximately 10000 West 40`h Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on January 7, 1999, at 7:30 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you are invited to attend this Public Hearing and/or submit any comments you may have. It is the applicant's responsibility to notify any other person(s) whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\PCRPTS\PLANGCONEPUBHAG\wv990I cen.wpd (303) 234-5900 • ADMINISTRATION FAX: 2345924 POLICE DEPARTMENT FAX: 235-2949 d v a N O m a 'w ¢ y : a Z ~ ml d O' ~ C 7 . D ~ m m ~ O J y 0) O lp w ~ ~ . _ m O n m mEo a m, o L o ~ O -p c 0 .0 m w._ ik a X U m m m m m d Q m ~ $ U ~ u O VI y .o m m m v v d y p ~ m ~ L N O °cO J N D S m U Y d v D < m E ~ m i y C y N N Q E d' C L) UK i W ~c ~ m L o r W N C a U' O `o 0 co m` v w W O E U z Q Q W p Wx( xFO ~ LL N Z Q U o Z }O W z LO 3 c~ ~ r Q~ T O ~ V O v z L N a a° a v w~ v O A z 0 ~ U FO b m N T A O m y U d a 0 E z H MEMORANDUM 11 Approved Date ➢DEPARTH1 RfF OF PUBLIC WOFM TO: Seam McCartney, Planner FROM: Greg Knudson, Development Review Engineer DATE: January 5, 1999 SUBJECT: 10000 West 401h Avenue, WV-99-01- Unimproved Right-of-Way Vacation The Public Works Department has reviewed the Planning Department referral dated December 21, 1998 for the above referenced site, and has the following comments: 1. A review and subsequent comments, (see attached memo dated December 7, 1998) has been completed by John McGuire for this vacation under the previous case number WV-98-05, which is now superseded by case number WV-99-01. cc: Alan White, Planning & Development Director Dave Koteeki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File REVIEW MEMO AND CONTACT RECORD CONTACT NUMBER: 1 DATE: 1212=7, 1998 PROJECT NAME: 40th Avenue street vacation ENGINEER: NAME: John P. McGuire PHONE: (303) 235-2858 FAX: X303) 235-2857 CITY REPRESENTATIVE: JOHN MCGUIR.E REMARKS: 1: Closure for legal is well within tolerance 2: Description fits our half section 3: Need west 15 feet for bike pat:" easement. 7- % V =-5 5: 6: 7: 8: 9: 10 ENGINEER REPRESENTATIVE: REMARKS: The west 15 feet should be reserved for the continuation of the Existing bike path either at this time or on the forth coming plat How contact made: person phone letter fax REPRESENTATIVE: City: _ Engineer: Callback 1 Date: Remark: Callback 2 Date: Remark: Callback 3 Date: Remark: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION OT Region 6 Traffic Access/Utilities Pen-nits ~ixn,wr av rnnroeozrwnav 5640 East Atlantic Place Denver, Colorado 80224 (303) 757-9886 FAX (303) 757-9904 December 30, 1998 Wheat Ridge Dept. of Community Dev. 7500 W. 29" Ave. Wheat Ridge, Colorado 80033 ATTN: Sean McCartney RE: WV-99-011VACATION REQUEST FOR 10000 WEST 40TH AVENUE (SH391) The Colorado Department of Transportation has reviewed the above request and we have no concerns. Sincerely, N~) C'.5 L L Nashat Sawaged, P.E. Access Engineer NS/jc CC: L. Warner L. Lipp L. Glasser File (SH391) RF 591NS123098.doc Page I of 1 December 29, 1998 Sean McCartney City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: City of Wheat Ridge Case Number WV-99-01, Vacation of unused portion of either all, a portion of, or such additional public property immediately "adjacent to the right-of-way located on the west side of Kipling Street with the Wheat Ridge Recreation Center site Dear Sean: This will acknowledge receipt of your correspondence dated December 23, 1998 regarding the above referenced property. We have reviewed the plans for the proposed vacation for the above referenced right-of-way. The Consolidated Mutual Water Company does not oppose the vacation. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, Mi ael E. Queen Assistant Secretary/Treasurer /ds cc: Walter Welton, PLS/PE, CMWCo President Robert J. Rivera, CMWCo Vice President THE CONSOLIDATED MUTUAL WATER COMPANY 12700 Wes[ 27th Avenue • P.O. Box 150068 • Lakewood, Colorado 80215 Telephone (303)238-0451 Fax (303)237-5560 1I~ piDeF, wwrA n®l1 DIISTPJCT 3705 KIPLING STREET, SUITE 101 WHEAT RIDGE, COLORADO 80033 303 - 424 - 9467 December 29, 1998 Mr. Sean McCartney Department of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 REF: Case No. WV-99-01, 10000 West 40th Avenue Dear Mr. McCartney: Vacation of the public property immediately adjacent to the R.O.W. located on the west side of Kipling Street within the City's Recreation Center site has no effect on the Westridge Sanitation District sanitary facility. I would be pleased to discuss this matter with you in greater detail, at your request. Very truly yours RiChNI Amberg, P. . Engineer for the District cc: District Office File: W54-0 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Meat Telephone 303/ 235-2846 Ridge December 21, 1998 The Wheat Ridge Department of Community Development has received a request for approval of a vacation of the unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located at 10000 West 40' Avenue. Your response to the following questions. and any comments on this proposal would be appreciated by DECEMBER 30, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-01 LOCATION: 10000 West 40" Avenue REQUESTED ACTION Vacation of unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located on the west side of Kipling Street with the Wheat Ridge Recreation Center site. 1. Are public facilities or services provided by your agency adequate to serve this development? `(QS 2. Are service lines available to the development? yGS 3. Do you have adequate capacities to service the development? J eS 4. Can and will your agency service this proposed development subject to your rules and regulations? y4 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which 4-%11 would or should affect approval of this request? U #9 4 at -bl-t Please reply to: Sean McCartney. 303/235-2852 Completed by - (y~~ /1[~' /Z ZO ~8 . Department of Planning & Development (Name, geneytDepartment, Date) DISTRIBUTION- x Water District (Consolidated Mutual) Jeffco Health Department - X Sanitation District (Westridge) Jeffco Schools X. Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City (Arvada and X TCI of Colorado X US West Communications X WHEAT RIDGE Post Office State Land Use Commission X WHEAT RIDGE Police Department State Geological Survey X WHEAT RIDGE Public Works Dept. X Colorado Dept. Of Transportation X WHEAT RIDGE Park & Rec Commission Colorado Div. Of Wildlife WHEAT RIDGE Forestry Division Colorado Dept. of Natural Resources X WHEAT RIDGE Building Division Denver Regional Council of Governments Fairmont Homeowners Association Scientific and Cultural Facilities Dist. - Prospect Recreation District Metro Wastewater Reclamation Dist. -Urban Drainage and Flood Control Dist. X Jefferson County Planning Dept. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" CABarb.W GENREE\w0901.wpd i ~ DIVED ' 7560 West 29th Avenue Gw 1998 City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge December 21. 1998 The Wheat Ridge Department of Community Development has received a request for approval of a vacation of the unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located at 10000 West 40' Avenue. Your response to the following questions and any comments on this proposal would be appreciated by DECEMBER 30, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: Wv-99-01 LOCATION: 10000 West 40" Avenue REQUESTED ACTION Vacation of unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located on the west side of Kipling Street with the Wheat Ridge Recreation Center site. 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there r agency has identified which would or should affect Please reply to: Sean McCartney, 303/235-2852 Completed by: - . Department of Planning & Development (Name, X Water District (Consolidated Mutual) X Sanitation District (Westridge) X Fire District (Wheat Ridge) Adjacent City (Arvada and X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. C: 1Barbma\AGENREF\uv9901.wpd x X X X X X "The Carnation City" Jeffco Health Department Jeffco Schools . Jeffco Commissioners TCI of Colorado of tis reauc Date) PW- -55 WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist Denver Metro Major League Basp6all M ~ 1~ ' DEG c 4 1998 MEMORANDUM I Approved Date DEPARTMENT OF PUBLIC WORKS TO: Sean McCartney, Planner FROM: Greg Knudson, Development Review Engineer I DATE: December 7, 1998 SUBJECT: West 40`h Avenue Street Vacation for Wheat Ridge Recreation Center, WV-98-05 Per your memorandum dated December 3, 1998, attached are John McGuire's review comments and pertinent legal information for the above referenced street vacation. Thank you for this information. Please feel free to contact John, or myself with any questions you may have regarding these comments. cc: Dave Kotecki, Sr. Project Engineer John McGuire, City Surveyor CONTACT NUMBER: 1 DATE: 12-7, 1998 PROJECT NAME: 40th Avenue street vacation ENGINEER: NAME: John P. McGuire PHONE: (303) 235-2858 FAX: (303) 235-2857 CITY REPRESENTATIVE: JOHN MCGUIRE REMARKS: 1: Closure for legal is well within tolerance. 2: Description fits our half section. 3: Need west 15 feet for bike path easement. 4 Ca2?.?cr %~/r~o5 oM K / C~i %S 5: 6: 7: 8: 9: 10: ENGINEER REPRESENTATIVE: REMARKS: The west 15 feet should be reserved for the continuation of the Existing bike path either at this time or on the forth coming plat. How contact made: person phone letter fax REPRESENTATIVE: City: _ Engineer: Callback 1 Date: Remark: Callback 2 Date: Remark: Callback 3 Date: Remark: 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge December 21, 1998 The Wheat Ridge Department of Community Development has received a request for approval of a vacation of the unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located at 10000 West 40' Avenue. Your response to the following questions and any comments on this proposal would be appreciated by DECEMBER 30, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-01 LOCATION: 10000 West 40' Avenue REQUESTED ACTION Vacation of unused portion of either all, a portion of, or such additional public property immediately adjacent to the right-of-way located on the west side of Kipling Street with the Wheat Ridge Recreation Center site. 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Sean McCartney, 303/235-2852 Completed by: Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Consolidated Mutual) X Sanitation District (Westridge) X Fire District (Wheat Ridge) Adjacent City X US West Communications State Land Use Commission State Geological Survey X Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" C:\Barb=\AGENRERl 0901 mpd 7G BK 2091, PG 29 9024'00"E 20' RIGHT-OF-WAY STATE DEPT OF HWYS 10.00' BK 2593 PG 582 - - - - - - - - - - - - - - - L o K I F --138.292- 0 0 N00004'58"W I i 'I 1 STORY BRICK BUILDING I rn of rn N _ND PIN AND CAP -S 13487 2' X 4' BOX CULVERT PARCEL _ D I i N O Q \ N w N w z J & TELEGRAPH REC. NO. 81022828 SET BRASS TAG ON TOP OF CONC HEADWALL OF BOX CULVERTS L.S. 26606 93. L I N00°04'58"W I 130.01 ' S I 25 ' a; ~ v ro aJ uj J N ~cr) U N Y C N PARCEL A ADDRESS: 4075 KIPLING ST. ;ONTAINS: 37376 SO FT OR 0.858 AC t8" X 24" -RCP (ELLIPTICAL) LO L O n O W ~zc 3 o U Q N FND ALUM CAP L.S. 13212 IN CONC 0.08'N x 0.00'E I j N00'06'41"W I 130.00' + f 268.28' / w/ N m p p O N a CY ( D ~ Q, Lc) O ^ F-- O CC) v w Q) a 2rn m Nm - z^ RS I i„ (6 O O ti LZ ` o l`' v» tiz O - OZ M w U K I ~I II U ~ ii ~ w i 0 l I S 000458 E r E. LINE SE 114 SEC 21 260.70' ` - (BASIS OF BEARINGS) SIT R E E T a -Ln NO0°04'. 259. w CONCRETE - - - I'.. DRAINAGE STRUCTURE ' (OPEN SPACE/DRAINAGE AND FLOOD I CONTROL EASEMENT REC. NO. 80068960 l BK O 29 PG 23 QI I PARCEL D 3 ADDRESS: 3975 KIPLING ST. I ~6 CENTERLINE 25' LENA GULCH CONTAINS: 92175 SO FT \ EASEMENT PER PLAT 2.116 AC 2 STORY o WOOD FRAME BLDG W " W \ 500°O6'41 E O O VACATED KLINE STREET \ h~ AND TRACTS A,B,&C 35.30 \ 1' X 100' TO CITY OF WHEAT RIDGE 7\\ Z I QO PER AGREEMENT REC. NO. 84064297 y.. 4 E1 u 1 5.30' 361,92' 1 E, LINE E7/2, E72, SE114, S i GRAVEL ROAD r r/ I I N®0 06'41 "W TAG LET BRASS 6606 4 '2'7 57 (m 06 I II 50.00` . ( sss•57'3r'w O I 55.00' (D) . I LUM CAP 13212 10' RESERVED EASEMENT FUR HAKKJ' AND OPEN SPACE REC. NO. 82058101 PARCEL C ADDRESS: 10150 W. 40TH AVE. CONTAINS: 287217 SO FT 6.594 AC iv N263.68- 999E li i h -N-73-043'23"W 31.00' I I I I I 20' DRAINAGE EASEMENT SURVEY ENTERPRISES LLC REC. NO. F0060487 12I I o i 2. N.~ 3. N.1 BEGINNIf E OR LESS 13 762.0' (P; 761.74' (A SET NO. IN CONC I E a; wHEgr LAND USE CASE PROCESSING APPLICATION WHE~r ~ o ~ o Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone 203)235-2S41o cRr~° (Please print or type all information) 11 Applicant el~zu - A 2 Address 7500 &J- 5-` A l4re_ Phone ,Ta-8 City Owner Address Phone City Location of request (address) loooo a2- (10A 42964:K~_ Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): Current use: Proposed use: Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above,' without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-at rney from the owner whi pproved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this day of , 19 - Notary Public My commission expires Date received La-9-1 Receipt No. Case No. U) "q9-d Related Case No. LU14 Zoning (1-1 Quarter Section Map ~ ~