Loading...
HomeMy WebLinkAboutWV-99-02INTRODUCED BY COUNCIL MEMBER Mancinel l i Council Bill No. 11 Ordinance No. 1160 Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY LOCATED ON LAMAR STREET EAST OF 6400 WEST 44TH PLACE, (CASE NO. WV-99-02) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, right-of-way was previously dedicated for Lamar Street east of 6400 West 44' Place (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 Lamar Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: The East 25 feet of the North 120.2 feet of the South 280.2 feet of Block 8, Lake View Subdivision Jefferson County, Colorado. Total area being approximately 3,500 square feet. Section 2. Conditions. 1. The City will retain the utility easement per the recommendation of the Public Works Department. 2. That the property being vacated be striped for three or four parking spaces. Section 3. Vesting. Upon the vacation accomplished hereby, title to the property vacated shall revert to abutting property owner 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 6 to 2 on this 24th day of May , 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 June 28, 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 5 to 3 , this 28 day of June 1999. TCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APP AS TO FORM BY C Y ATTORNEY G D DAHL, CITY ATTORNEY 1st Publication: May 28, 1999 2nd Publication: July 9, 1999 Wheat Ridge Transcript Effective Date: July 24, 1999 C:\Barbara\CCRPrS\RESO-ORD\W V9902.wpd Ordinance No. Page CITY COUNCIL MINUTES: June 28, 1999 Page - 2 - Ferdi Mevlani was sworn in by the Mayor; he is a case manager for ecumenical refugee services, and asked that the house be used for refugees. Ryan Eggelfon was sworn in by the Mayor; he thinks the house should be demolished and a nice park should be built for the citizens of Wheat Ridge. Motion by Mr. Siler that Council Bill 34 be approved with the deletion of conditions 1 through 6 in Section 1 and the addition of the structure at 4900 Marshall as approved for demolition in Section 1, and conforming changes to the Ordinance title to reflect the demolition of two structures; I further move that one condition be added to Section 1 that the Wheat Ridge Historical Society has first opportunity to go into either of the structures to remove any items that they so wish; seconded by Mr. DiTullio; failed 5-3 with Councilmembers Worth, Shaver and Dalbec voting no. (This needed six votes to pass) Motion by Mrs. Dalbec to hold a Study Session in August and that staff come back with information concerning the rental of this property to ecumenical services or some other organization so that we can have it used by the Winter of this year; seconded by Mrs. Shaver. Mr. Siler called for the question; carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no. Motion failed 5-3 with Councilmembers Dalbec, Worth, and Shaver voting yes. Item 2. Council Bill 11 - An Ordinance vacating an unused portion of public right-of-way located on the east side of West 44th Place, approximately 6400 West 44th Place, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-02) Council Bill 11 was introduced on second reading by Mr. Mancinelli, who also read the title and summary; Clerk assigned Ordinance No. 1160. Rodney Felzien, attorney for the applicant, was sworn in by the Mayor and answered questions. Alan White was sworn in by the Mayor and presented the staff report. Lisa Bartow was sworn in by the Mayor; she is the property manager at the apartments at 6410 West 44`h Place; stated they plan to add 3 more parking spaces; they are not blocking or obstructing any property owners and utility companies can come and go; they just want to stop the commercial trucks from driving down there really fast. CITY COUNCIL MINUTES: June 28, 1999 Page - 3 - Motion by Mr. Mancinelli to adopt Council Bill 11 (Ordinance 1160) on second reading, approving Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) for the following reason: 1. The property has not been developed and has recently been used only as a parking lot and access for the adjacent multi-family structure to the west. 2. the Parks and recreation Department does not se any future needs for this right-of-way for future use in the development of a park to the east of the right-of-way. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 4411 Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44'1 Place for the landowner at 6375 West 44th Avenue. 6. If the land to the east is developed, there would be adequate access to West 44th Place. With the following conditions: 1. The City would retain a utility easement over the entire right-of-way per the recommendation of the Public Works Department. 2. That the property vacated be striped and used for parking; seconded by Mr. DiTullio. Mr. DiTullio asked for a friendly amendment to add under condition 2. that it be striped for three or four parking spaces; this was accepted by motion-maker. Mr. DiTullio asked for a friendly amendment that the vacation be from the edge of the sidewalk to the edge of the existing property line; this was accepted by motion-maker. Mrs. Dalbec moved'to amend the main motion that we begin the vacation 25 ft from West 44th Place right-of-way; seconded by Mrs. Worth. Mrs. Dalbec moved to amend her amendment that the fence they put up to keep the trucks from going the full length of the property they can extend as far as West 44th Place; seconded by Mrs. Worth; failed 5-3 with Councilmembers Dalbec, Worth, and Shaver voting yes. Motion by Mr. Siler to amend Mrs. Dalbec's amendment that the City construct a barricade on the east side of the right-of-way from 44th Place south 25 ft along the east side of the right-of- way; seconded by Mrs. Worth; failed 5-3 with Councilmembers Siler, Dalbec, and Worth voting yes. Mrs. Dalbec's amendment failed 5-3 with Councilmembers Dalbec, Worth, and Shaver voting yes. CITY COUNCIL MINUTES: June 28, 1999 Page - 4 - Original Motion carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no. Mrs. Shaver voted no because the Public Works Department does not support this vacation; the City should keep its options open for the future; it is wrong to vacate a piece of property that will in effect land-lock a residential zoned area; safety concerns could be addressed with simply a fence that the City could construct; it is not right to remove a public access from one property owner solely for the financial benefit of another property owner. Mr. DiTullio supports this because we are going to address a long standing parking issue where this unit is short on parking and it is going to address a safety issue for the neighbors; the property owner who is affected by this does support this action. Motion by Mr. DiTullio to suspend the Rules and allow Agenda Item 4 to go before 3 since we have people here waiting to speak; seconded by Mr. Mancinelli; carried 8-0. Item 4. West 35th Avenue Neighborhood Traffic Calming Project. Art Coltrin, 10560 West 351h Avenue, is in favor of the project. Linda Weatherman, 10470 West 35th Avenue, is in favor of the project. Motion by Mrs. Shaver that the conceptual plan for traffic calming on West 35th Avenue, between Owens and Miller Streets, be approved as recommended by the Public Works Department and approved by the neighborhood. I further move that Public Works staff be authorized to conduct detailed engineering for this project; seconded by Mr. Eafanti; carried 8-0. Item 3. Council Bill 15 - An ordinance approving an amended agreement in connection with the construction of the 391h and Kipling access to the Wheat Ridge Recreation Center with the Denning Family. Council Bill 15 was introduced on second reading by Mrs. Shaver, who also read the title and summary; Clerk assigned Ordinance 1161. Motion by Mrs. Shaver for the approval of Council Bill 15 (Ordinance 1161); seconded by Mr. Eafanti; carried 8-0. QUASI-JUDICIAL - X ------- -- Yes No SUMMARY/RECOMMENDATION: Approval of a vacation of an unused portion of public right-of-way located on the east side of West 44 1h Place approximately at 6400 W. 44 1h Place ATTACHMENTS: 1) PC Report dated 5/6/99 2) PC Minutes of 5/6/99 3) Council Bill No. 11 BUDGETED ITEM: Yes No aml "I move to adopt on 2 nd reading, Council Bill No. 11, approving Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44 Place) for the following reasons: With the following condition: The City would retain a utility easement over the entire right-of-way per the recommendation of the Public ! • C:\ Barbara\CCRPIS\wv9902covcr2.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: June 28, 1999 DATE PREPARED: June 14, 1999 WV-99-02/Sewell CASE MANAGER: Sean McCartney An application by Michelle Sewell to initiate vacation of an existing remnant piece of right-of-way east of 6410 West 44`s Place. NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: Approximately 6400 West 44' Place Michelle Sewell 5095 Napilihau Street, #193 Lahaina, HI 96761 Same 25'X 140' (3,500 square feet) Residential-Three, Restricted-Commercial and Commercial-One Parking lot and driveway N: Residential-Three, S: Restricted-Commercial and Commercial-One, W: Residential-Three and Restricted Commercial, and E: Residential-Three and Commercial-One N: and S: multi-family residential, E: vacant, S: commercial Transitional residential DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: June 8, 1999 June 14, 1999 June 9, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER (X) CASE FILE & PACKET MATERIALS ( ) SLIDES (X) EXHIBITS 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. L REQUEST This is a request for approval to vacate an unused remnant piece of right-of-way (ROW) known as Lamar Street. The portion of ROW in question is located on the east side of 6410 West 44' Place, and measures approximately 25'X 140'. At present the ROW is improved as a half street with a half intersection (concrete sidewalk radius and cross-pan for drainage) and is being used for access to the subject property and the property to the east. The south portion of the ROW has been striped for parking by the applicant. In 1993, a similar request of ROW vacation was applied for by the previous owner of 6410 West 44th Place. However the applicant at the time had to withdraw his request because he was in the process of selling the land to the current owner. The option was left up to the current owner to pursue the request at that time, however she did not continue with the request, and therefore the request was withdrawn. IL DESCRIPTION The applicant is requesting approval of the ROW vacation to allow for the construction of a 6' privacy fence on the east side of the ROW. Currently, the applicant has a parking lot, access to the parking lot and a trash dumpster located within the ROW. The applicant has been having problems with the neighbor to the east driving onto her parking lot within the ROW and leaving muddy tire tracks and driving recklessly, so she believed the fence would stop him from driving on what she thought was her property. Therefore, she is requesting the ROW vacation to take ownership of the ROW to keep her neighbor from accessing and driving across what will become her property after the vacation is granted. Also, it should be stated that this ROW could never be used for access to West 44' Avenue due to the vacation of the remnant piece of ROW which was located to the south of the property in question. That ROW vacation was completed in 1987. The Wheat Ridge Parks and Recreation Department is actively pursuing the purchase of the vacant lands behind the commercial properties along West 44' Avenue, including the parcel which is adjacent to the east of the ROW in question. One of the parcels is on council's June 28' agenda for consideration. According to Gary Wardle, Parks and Recreation Director, he doesn't foresee the need for the ROW and access to the park will be from 44' Avenue, not 44' Place. III. COMPREHENSIVE PLAN The Comprehensive Plan currently shows this property as a local street. According to the existing Comprehensive Plan, the existing ROW is located within the Transitional Residential land use category and, if vacated, will be serving a property that is currently used as multi-family residential. City Council -2- June 28, 1999 WV-99-02/Sewell I 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. The property to the east has ROW access to West 44`h Avenue, to the south, and West 44th Place, to the west. Also, if the future park is built on the vacant lot to the east, access can be obtained by West 44' Place, which currently stubs into the property, and West 44"' Avenue to the south. 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. It is presently constructed as a half street. However, approval of this request will not hinder the future plans of the City's Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. 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 is an existing overhead utility pole line established in the right-of-way. Therefore, there is a need to retain a utility casement should the vacation be approved. V. AGENCY REFERRALS The Public Works Department has stated that, as a general policy, they do not support requests for ROW vacations. In this instance, the remnant piece of ROW may be used as a potential parking lot, additional access, etc. The Parks and Recreation Department does not foresee the need for the remnant piece of ROW because access will be gained from West 44`h Avenue and, therefore, the access and parking lot would be located closer to West 44t1i Avenue. City Council -3- June 28, 1999 WV-99-02/Sewell Although plans for the park have not been formulated, the ROW is not needed for access or parking. The City's interests are served by reserving a utility easement over the entire ROW. 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 request was brought before Planning Commission on May 6, 1999. Planning Commission moved to forward the case to City Council for the following reasons: 1. The property has not been developed and has recently been used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of-way for future use in the development of a park to the east of the right-of-way. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 40 Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44'h Place for the land owner at 6375 West 44'h Avenue. 6. If the land to the east is developed, there would be adequate access to West 44' Place. With the following condition: We would retain the utility easement per the recommendation of the Public Works Department. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the properties which are directly adjacent to said ROW have alternate access onto West 44`h Place and West 44`h Avenue and therefore approval of the vacation will not leave any adjoining land without public access. Because the southern portion was vacated in 1987, Lamar Street will never be extended to West 44`h Avenue. Although the Public Works Department has stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department has stated that they see no need for the remnant piece of ROW. Therefore, staff recommends approval of Case No. WV-99-02. VIII. RECOMMENDED MOTIONS OPTION A: "I move to adopt on 2nd reading, Council Bill No. 11, approving Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44`h Place) for the following reasons: City Council 4- June 28, 1999 VW-99-02/Sewell S 1. The property has not been developed and has recently been used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of-way for future use in the development of a park to the east of the right-of-way. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 44" Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44' Place for the land owner at 6375 West 44`n Avenue. 6. If the land to the east is developed, there would be adequate access to West 44' Place. With the following condition: The City would retain a utility easement over the entire right-of-way per the recommendation of the Public Works Department. OPTION B: "I move that Case No. W V-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44t° Place) be DENIED for the following reasons: 1. 2. 3." E:WcCa iey\ma files\WV-99-02.SR.wpd City Council -5- June 28, 1999 WV-99-02/Sewell 6-~? - w 4eTH nve - F - i i g ' mH " - Il k- I i R R Y $ _ S ~ SUBa +5ao +500 ~ _ $ ~ S 9 ° e I el ~ R R 3I ~ n $ R $ $ 8 i ' m $ M95 4 $ _3 1g3 41)5 0 W Me5 R- ~SU w ~ $ m a OFFICIAL ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: -trine 15, 1994 Last. Revisian: September 19, 1996 D6'ARTM5fi OF PL MN 6 AND DEVBAPMRfr - 235-2852 ,5 1TE:-- ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DE516NATES OWNERSHIP) - CITY LIMIT LINE + DENOTES MULTIPLE ADDRESSES W W V Q J NX 24 rum o v iao am 5m wo SCALE 1-400 L:\GPAWINGS\PLANNING\QS\NW24 R~ fATIN: L A N D S U R V E Y I N G 5460 WgpO ROAD SUITE 160 ARV.OA, COLORADO 80002 13031 420-4788 IMPROVEMENT LOCATION CERTIFICATE 07/12/93 $125. 93-10J21i DATE FEE JOBM LEkU AN MAR ILT:N Ilhklll MORTGAGE CO. 6410 W. 44TH PL. AOORESS FIERU T BORROWERS NAME LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPTHIN J SCALE ~41o W, 44_4- Pt__ PROPOW nor / 1'S2. ro' 1 en . 1(.1. 01 j~ IS zICK4 Fame I L~.vun¢Y ~ , 25.x' N 3aa ~ 3z° I ou I CTKGEt~T'IO1J 1 ' I- ~ c i__.I, X JJI F _o rg ~ I $r4 ~ll Ile, y Ul / I ~ QQ ~ k ~ lit II7QI pt V' 4 - I 4 X rA Q ,x W I ~ ~ ~I I •s l~ I I 3 F 'u,'. , ~ I I 11 w- F 2f ° I 324 1 ZrJ ` 314 53'1• i e2.Gri rp •o.I On the basis of my knovtledoe.Jntorplation j or Improvement Survey Plat, and that it I improvement lines. I further certify th connections, are entirely, within the bou described premises by in provements on r sign of any easement crossing pr burtleni c "NOTICE: According b Colorado law you m first discovw such deleOt. In no event, may any floe -nec.Wr, shown hereon,' It is my interpretation that the above described property /S located WMina lW e I reby Ce ' 'that this Improvement location certificate was prepared for C4r9 ~ that It Is not a Land Survey Plat (not to be tells upon for the establishment of fence, building, or other future the improvem nts on the. above described parcel on this date, except utility tries of the pa Del, except as shown, that there are no encroachments upon the I, adjoining pr ices, except as indicated, and that there is no apparent evidence or any part of s d parcel, except as noted - If commence a Y legal actfon besearU 111111111111111" :lion based upo any defect In tM1iq`3uLM MIa survey within three years ahw you ~Ead more man ten years trom the date of 7 Y gm. k N. ~ Y -'l. F ut +1". i .in t;4 b>; ~ t ~~>`+-~4x ai slay{¢, +D list. ? At Y 3 ~yL r> 0 ~ y F j~ l e ~'C' r 3 logo, MIS 9 Alt ROMP _ Yi `w^+ r~ YID . i Ira &-.0 11 4 1' ? k ~`Y •p 53V ~ b IRS .k L4 a 274 S. Park Circle Golden, CO 80401 July 15, 1993 The City Of Wheat Ridge Dept. Of Planning & Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Proposed Lamar Street Dear Mr. Gidley, Since Lamar Street was vacated south of the property we own located at 6410 W. 44th Place a fence was constructed and the land was paved. Because it was assumed that the entire proposed street was vacated. Just recently we discovered that our portion of the proposed Lamar Street had'not been vacated. There is no possible way that this property can ever be used as a through street or access street. We request that the north half of Lamar Street from 44th Avenue to 44th Place be vacated and the property to become a portion of our land. A recent survey has been made of our property as well as of the proposed Lamar Street and a copy is attached. Names and addresses of adjoining owners is also attached. Your cooperation in this matter is greatly appreciated. Sincerely, LeRoy E. erdt 303-526-1122 - 1303 a3 5-a 851 MEHEDI H RECKEFI_T , osaw (303) 235.2e48 Planner 7500 West 29th Avenue P.O. Box 638 Wheat Ridge. CO 80034-0634 /0 274 S. Park Circle Golden. CO 80401 August 13, 19", Meredith Reckert, Planner City Of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80034-0638 Dear Ms. Reckert, r AUG 0✓, vu~ .J LSi! U PiANN1N,- g Dryf10P!; - This letter is to advise you that we no longer own the 10 unit building located at 6410 W. 44th Place, Wheat Ridge, Colorado. On August 6th, the property was sold to Michele R. Sewell, 148 Granite Dr., Boulder, Colorado 80302. per telephone number is 444-8220. Mrs. Sewell wants to go ahead with the vacation of the north half of the proposed Lamar Street. Thank, you for ycur cooperation in this matter. Sincerely, LeRoy E. Herdt .:,,aIHI lE;.yi DEIAR'Yu 17 OF TUB IC MIRK. MEMORANDUM Approved Date TO: Sean McCartney, Planner I FROM: Bob Goebel, Director of Public Works DATE: April 22, 1999 SUBJECT: Street Vacation, Lamar Street south of 44th Place It is the general policy of the public works department to keep rights of way whenever possible. It is very difficult and expensive to get it back if we decide we need it in the future. There must be a very good reason not to keep it to recommend in favor of a vacation request. In this case, the existing right of way is not a through street. It does, however, provide access to both adjacent properties. It is currently paved as a half street. There is potential for the City to acquire the adjacent land east of this right of way. It presently has existing overhead utilities on its east side. While it is true that the existing properties adjacent to this right of way have alternative access to other streets; 44'h place for the property to the west, and 44th Ave. for the property to the east, the fact remains that both properties are using this half street for access on a regular basis. The property owner to the west would like this property for themselves so that they may use it for additional parking and have the ability to fence it to prevent the adjacent property owner to the east from using it. In my view, this is not a significant enough reason to give it up especially in light of the fact that we may acquire the property to the east. I think it is premature to say that we will definitely not use it without having a plan for this potential future park. At this time, I must recommend that we deny the request to vacate. If and when the final park plans show that there will never be a need for this right of way, then I would be more comfortable recommending vacation. If the Planning Commission and City Council do recommend vacation, we must reserve a utility easement for the existing facilities. l CITY OF WHEAT RIDGE PLANNING COMMISSIO R I l7 I 1`,1j A L Minutes of Meeting May 6,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on May 6, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Commission Members Absent: Tom Shockley Staff Members Present: Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The. following is the official set of Planning Commission minutes for the public hearing of May 6, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner SNOW moved and Commissioner THOMPSON seconded to approve the order of the agenda. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner COLLINS moved and Commissioner DOYLE seconded to approve the minutes of the April 15, 1999 meeting as presented. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. • PUBLIC HEARING A. Case No. WV-99-02 An application by Michelle Sewell to initiate a vacation of an existing remnant piece of right-of-way east of 6410 West 44th Place. The property is currently zoned Residential-Three, Restricted-Commercial and Commercial-One. 13 This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. The properties directly adjacent to said right-of-way have alternate access onto West 44th Place and West 44th Avenue; therefore, no properties would be left without public access. Because the southern portion was vacated in 1987, Lamar Strett will never be extended to West 44th Avenue. Although the Public Works Department stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department does not see a need for the remnant piece of right-of-way. Therefore, staff's recommendation was for approval of the vacation. Vice Chair GOKEY commented that if the right-of-way is vacated, the applicant would be able to erect 'a fence which would prohibit the adjacent owner from using the area for through traffic to and from his business. Mr. McCartney replied that this was correct and also noted that the adjacent owner has direct access onto 44th Avenue. In response to a question from Commissioner COLLINS, Mr. McCartney stated that he was of the opinion that since the owner originally dedicated 25 feet for the right of way, the land would revert back to the owner if the right-of-way is vacated. Alan White explained that vacated right-of-way reverts back to the owner who originally dedicated the right-of-way. In answer to a question from Commissioner THOMPSON, Mr. McCartney stated that the applicant cannot legally erect a fence unless the right-of-way is vacated. Rodney Felsie 595 Canyon Boulevard, Boulder Mr. Felsie, attorney for the applicant, was sworn in by Chair BRINKMAN. He stated that the staff presentation covered all pertinent points and his applicant agreed with staff s recommendation. He stated that the present use is dangerous in that trucks driving through the residential parking lot endanger lives of children in the area. He also concurred that the right- of-way would revert to the property that made the original dedication. Commissioner SNOW asked if the applicant could put a fence on her own property to prevent through traffic. Felsie replied that she would have to place the fence outside of the right-of-way and residents would have to walk around the fence to get to their parking. Lisa Bartow 6410 W. 44th Place, Wheat Ridge Ms. Bartow, property manager for the applicant, was sworn in by Chair BRINKMAN. She stated the vacation would provide safety for children in the area by preventing through traffic from entering their neighborhood. She stated that the apartment house owners have maintained and used this right-of-way for the last 27 years and that the apartment building has been inexistence for 38 years. JC Drain, owner to the east, purchased his land in December of 1998 and has been using the right-of-way for 4 months. She would like to put up a fence on the Planning Commission Minutes -2- May 6, 1999 'q east side of the driveway to protect children as well as the residents' quality of life. She entered the following documents into the record for the Commission to review: 1. Photographs of commercial vehicles using the subject area. 2. Petition containing 18 signatures of neighborhood residents indicating they are in favor of the vacation. Commissioner MacDOUGALL asked how many parking spaces were on the lot if the right-of- way is included and how many would be lost if parking was prohibited in the right-of-way. Ms. Bartow replied that there are 10 units, and 14 parking spaces. If the right-of-way could not be used, 4 parking spaces would be lost. In response to questions from Commissioner DOYLE, Ms. Bartow explained that the apartments were built in 1961 and the subject area has been used for parking since that time. The piece to the south was vacated in 1972. The present owner discovered she didn't own the driveway when she investigated the possibility of erecting a fence to prevent the truck traffic from using it as a thoroughfare. Commissioner THOMPSON asked how many parking spaces would be available without the use of the right of way. Ms. Bartow replied there would be ten parking spaces. Commissioner THOMPSON commented that off-street parking benefits the city as well as the neighbors. Commissioner COLLINS questioned the operation of a business in this zone stating that although the property is zoned commercial in the front, the garage is located in the back portion of the property that is zoned residential. Mr. McCartney stated that the city has taken code enforcement action in this matter. Ms. Bartow stated that the city has issued nine citations to the owner of the commercial property, but he has continued to use the property in spite of the citations. In response to a question from Chair BRINKMAN, Ms. Bartow replied that none of the neighbors who were approached with the petition refused to sign. Chair BRINKMAN asked if any accidents have occurred as a result of the truck traffic. Ms. Bartow replied that there have been no accidents but two police reports are on file. One resulted from her request to the owner of the commercial property to discontinue driving trucks through the area because of the children's safety. He threatened her and a police officer came out and took a statement. The morning after she filed the report, she made another report to the police department because her car tires had been slashed. The following individuals indicated they were in favor of the application, but did not wish to speak: Planning Commission Minutes -3- May 6, 1999 1~5' Christine VanDyke - 9346 West 44th Place Ruth Malone - 7610 Robinson Way Marlon Capillupo - 6410 W. 44th Place Jessica Stuhlmiller - 6410 W. 44th Place Toi Pietchell - 6410 W. 44th Place Mr. White noted, for clarification, that a copy of the deed included in the Commission packet indicated that the property was deeded to the County in 1960. Chair BRINKMAN asked if the owner of the commercial business could continue to use this area even after the vacation is granted by moving the guard rail and exiting father north. Mr. White replied that the city would have to grant permission for him to do this. Commissioner THOMPSON asked if the Commission could be assured that if the vacation takes place, the vacated parcel would legally belong to the applicant. Mr. White replied that ordinances for vacation of right-of-way direct the county assessor to assign ownership of property pursuant to state law. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. WV-99-02 be continued until such time as the City Council makes a definite decision about the park for the following reasons: Plans for the park are indefinite at this time. The City Council has made no final plans about whether or not to buy the adjacent land for a park and, if it is purchased, what the layout of the park and necessary parking will be. 2. Public Works has recommended denial due to the uncertainty of future development of the park and possible need for parking or access. The problem of commercial trucks crossing the property can be stopped by city action. With an additional recommendation: That the case can be reheard after City Council makes a decision about the park with no additional application fee. Vice Chair GOKEY stated that he would not support this motion because the park issue is indefinite and the applicant has a definite problem that needs to be addressed at this time. Mr. White asked for a point of clarification regarding what would constitute a council decision on the park situation. Commissioner SNOW offered the following amendment to the motion: Planning Commission Minutes -4- May 6, 1999 /4:1 If the Council votes not to enter into negotiations for the park, that the applicant come back immediately. If purchase of the park is not approved by a year from now that the applicant can come back with no fee. The amendment was accepted by Commissioner THOMPSON. The motion failed by a vote of 1-7, with Commissioner SNOW casting the one affirmative vote and Commissioner SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Vice Chair GOKEY that Case No. WV-99-02, an application for approval of right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) be recommended to the City Council for approval for the following reasons: The property has not been developed and has been recently used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of- way for future use in the development of a park to the east of the right-of-way. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 44th Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44th Place for the land owner at 6375 West 44th Avenue. 6. If the vacant land to the east is developed, there would be adequate access to West 44th Place. With the following condition: We would retain the utility easement per the recommendation of the Public Works Department. Commissioner SNOW offered an amendment to the first reason to include the words "until very recently" preceding the words "used only as a parking lot......" The amendment was accepted by Commissioner THOMPSON and Vice Chair GOKEY. Commissioner SNOW noted that she would not support the second motion for the first three reasons stated in her motion to continue. Planning Commission Minutes -5- May 6, 1999 17 The motion passed by a vote of 6-2 with Commissioner SNOW voting NO and Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the Planning Commission adopt a resolution that, regardless of the outcome of the vacation application, the staff take all possible steps to take legal action as soon as possible to stop the commercial usage of the property that is riot zoned commercial including the use and passage of heavy trucks through noncommercial property onto West 44th Place. Commissioner COLLINS questioned the lack of action in spite of nine citations being issued to the commercial owner. Mr. White replied that it is an active ongoing case and he is not aware of the exact reasons for issuing each citation. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 8. OLD BUSINESS 9. NEW BUSINESS A. Vacancy on Planning Commission It was moved by Commissioner SNOW, seconded by Commissioner THOMPSON and unanimously carried with Commissioner SHOCKLEY absent, to adopt a resolution presented by Alan White requesting the City Council to announce a vacancy on the Planning Commission. 10. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session for discussion of the Comprehensive Plan at 8:45 p.m. 11. ADJOURNMENT It was moved by Vice Chair GOKEY and seconded by Commissioner SNOW to adjourn the meeting at 9:48 p.m. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. U- C~ Ann L;azzeri, Recording` Secretary ANNE BRINKMAN, Chair C:\Barbar \PCRPTS\PLANGCOM\PCMINUIE\1999\990506.wpd Planning Commission Minutes -6- May 6, 1999 /~7 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge June 8, 1999 Dear Property Owner: This is to inform you that Case No. WV-99-02 which is a request for approval of a vacation of the unused portion of the right-of-way located to the east of 6410 W. 44`h Place 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 June 28, 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. "If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request." 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\CCRPTSU'UBNOTIC\w 99021etter.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a m I W W c m m ~ a O C d y O ~ u 5 a a ' ¢ m ~ a a N ~ O Z > NI d d Q-' C 7 a D N G O N 1~ W ~N y vEo a y w U t 0 A O C E p o y=_« y 'C 9_ u d O O O O O O x y a m m m m rn m m Q m° m u 3 U O t 'm N d d M C M M V M M C ` G M ` N p m NO v''=o YO yuo y.:0 gym W O YQm w>o N UlO `m d ~ N O O O ` ~ N O ? O N C V ~ d ~ N C N y 2 ~ U (2 E Mo o 0 $ N 3 U O y 46 °1 a -6 L . .~Z 0~3a m y aka w u i m ~ N~ ~ pp a~~ ~ r ymR C1 y o.~ 9 ~m jN0 ~ V N ytMO N 2t O pO 0 d mss '~p3v a p°~ 3 ; Y 3 a C m N ' E 0 ° W W p , v K cpU x E m ❑ ❑ 1:1 ❑ z y 2 IlJ cm C < m m m m mm m m m a°'o o rn p C m m m m m ~n m Q m m m m m rn m m rn rn rn W 0 E ' z a a w z o m (9 1-13 p N 0 Z a O W Z V n ~ a N 0 W O a m W O N z N y U F v T p N y a z ro i5 CITY COUNCIL MINUTES: MAY 24, 1999 Page - 2 - George Menzies, 2833 Reed Street, presented signatures in favor of an ordinance requiring rabies vaccinations for dogs and cats every three years. Motion by Mr. DiTullio to add an Agenda Item 3. A. - Council Bill 14 - an ordinance extending the temporary moratorium on new or expanded adult entertainment facilities and sexually oriented businesses within the City; seconded by Mr. Mancinelli; carried 8-0. Motion by Mr. Siler to add an Agenda Item 4. A. - reconsideration of Council Bill 34 - an Ordinance approving demolition of City buildings on the Jaidinger property; seconded by Mr. Mancinelli; carried 6-2 with Mrs. Shaver and Mrs. Dalbec voting no. Motion by Mrs. Worth to add Agenda Item 4. B. - reconsideration of Resolution 27 - the DAV property; seconded by Mr. Mancinelli; carried 8-0. ORDINANCES ON FIRST READING Item 1. Council Bill 11 - An Ordinance vacating an unused portion of public right-of-way located on the east side of West 44`h Place, approximately 6400 West 44`h Place, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-02) Council Bill 11 was introduced on first reading by Mr. Mancinelli, who also read the title. Motion by Mr. Mancinelli that Council Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, June 28, 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 Mr. Eafanti; carried 6-2 with Mrs. Dalbec and Mrs. Shaver voting no. Item 2. Council Bill 12 - An Ordinance amending Chapter 13, Article IV, Parking Permits in restricted areas in the Wheat Ridge Code of Laws. Council Bill 12 was introduced on first reading by Mr. Mancinelli, who also read the title and summary. Motion by Mr. Mancinelli that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, June 14, 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. Dalbec. mffci��� PUBLIC HEARINGS PROC./CEREMONIES BIDS /MOTIONS INFORMATION ONLY QUASIJUDICIAL . X Yes No CITY ADM, MATTERS ELEC. OFFICIALS MATTERS CITY ATTY. MATTERS X ORDINANCES FOR I ST READING LIQUOR HEARINGS ORDINANCES FOR 2ND READING PUBLIC COMMENT RESOLUTIONS WV-99-02: Michelle Sewell SUMMARY/RECOMMENDATION: Approval of a vacation of an unused portion of public right-of-way located on the east side of West 44 Place approximately at 6400 W. 44 Place "I move that Council Bill No. _, be approved on first reading, ordered published, public hearing be set for Monday, June 28, 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C: \Barbara\C,CRP'F,S1wv9902cover1 wpd \\Enginent\ORAWINGS\SECTIONS\sections1999\24-n-99.dwg I (~--PIERCE SY-L-- n, m m o ~e A 00 t.^. f.7 50 L O`WN~ 'VN 'N O Tb `k o < o l m N 1 0 OlA J I ro Jv v v ~ Vv v i 30' P(1-21) H x I I IN NI 1 L~(P aI T I 50 OZ, O v I I W ~ 35' P(19-30) i D(1176-99) CJ(0-79 $ CJ(W-236) 30' P(1-21) rt; 1 ' oci ~I ~ ':a i1 ro N ` J 10 V ~1: , H a i'.7 CC~o~pocl " . C+7 a N ~ ~ V A W W 'O 'O O~ N N I I W~ONNV V V N V O OVNNvv Oppv~p ~m Im P(8-45) - - H x a so' P(8-45) m CJ(P-331) I N vN i < m ~ N8823 - O O~w T I N ON1v v 15' D(1176-99) CJ(0-79) CJ(W-236) 50' D(2108-767) CJ(W-352) I I 50' CJ(P-376) CJ(P-377) D(1325-150) D(1325-151) m N .A V• H x 9 C C+7 I U1 H x ro r I I I N Ci I ~ 7 w 0 v v N U r 28' P(8-10) I 50' ' 50 P(8-10) m I I LAMAR ST- a 50' P(8-10) -------JAY ST------------ E N ~m N 50' m C• P(8-10) m U 50' P(8-10) W r 30 15-- JAY ST- P(1-21) m D(691-153) I, r \ I - - - - \ w ~ ~ Z N ro~~~~x~ 'm - 0 \ ' I Z # o_ CL z N I b~' w p4` = F- r p --I 1-~i~1+LS~ \C r cm a- V ¢w J ~WU Ow J ~l~ Ir_ 1i ItJ m E W \ ~O ¢ _ - .9 ~y yam' I r ~W b'77~ o z F-- 3 ri 1 I d ._xs 243 °~rT a{ , J ~ ~ ~ ~ rLl I I t~ I~ W W Q i Lvp m O N i a m 3 w J (7 W O W I I L W I- m ¢ V) ~ '~ao~ I 0 I a O 0 O I I \ J I- - O Q in L~ J ~I I z~ d1 I I - ~8 ri3as~a1'^5... ~ 3 I' z~ 41 o ~ Z - W z u 0 ~ m N 4 Y W O rc ed W O W ~mm U QQ] m O m Z 7 Q o<oN a 7 a v a U) p U m J ~ a m 3 ° v w O w , ` Z m m a O J ~ 107' 0-?, 1 J 2 0 J .b 0 o J o~2Ymo oo mc xa m~w c c N 5, 0 ~w X40 ca+ ° mE >o a y m CL mC p•~ ro O m E m e e 9 ro % ' m ' roa !00`O 0 2 ro c r c 2'5t°O g 3 m C ro m Uy 0 N L j U C 0 Ot N 2UEy - } "E 0 ro,. 0 Co 0 £a. 00 . z c c .O0~ s mam c E° ro m NULc = ~V O ca -0 U 0 2 3 C mro .c ujcm0E ~D3 'VI 15 , co a 16 8 co >E`o -0c c IIl,l;m d~ ~ L n _ Oi > O ~ ro vU ` p E O Ca$ R2S Ea` m Qc0 am ` Zt« ai w o o c ~$d ¢ ( ~ ~ - _ - _ JI - ' rAJ 89'59'43° E ~ ~__~~w' 1323.62' 1323.62' _ _ ~ _ W I~ i ~ ~ i ~ ~ ~ REC. N0. 78098406 N ° STEF'NEN L. MCKEAN ~ 6400 WEST 45TH AVEhlUE WHEAT RIDGE, COLORADO 8Q033 ~'1 1 1 ~ ~ rv r1J 89'59'04" E ca NW ;~1/4 N ~ ~ V 3.501' Of F--SET ~ ~ SITE i soc;rti ~ ~ , ?324.91' 1324.9?' js 4 t~' 89'58'23"' E C~. Cj ~ i a WEST 45TH AVENUE - 50' R.O.W. 4 W NORTHWEST CORNER, NQRTHINEST 1/4, ~ 4 T d SEC. 24, T 3 S, R 69 W 6TH P.'~. q FOUND 3-1 j 4" A1_.UMINUM CAP IN RANGEBOX - L.>. 13?_ 1 ? ~ ~ ~ c.% NORTHEAST CORNER, NORTHWEST ',~4, PEC. NQ. F0311044 d a SEC. 24, T 3 S, R 69 V~ 6TH P.M. P,EINALDO E. GALLEGOS & 4 ~ a FOUND 3-1/4" BRASS CAP IN HAROLD L. GALLEGOS - RANGEBOX - L.S. 132? 2 6731 LOWEL! BOULEVARD DENVER, COLORADO 80221 0 C~ SOUTHEAST CORNER, NORTH'rNEST ? /4, ~ c .SEC. 24, T 3 S, R 69 W 6TH P.M. FOUND 3-1/4' ALUMINUM i~AP IN RANGEBOX - L.S. 6935 I :4 a SOUTHWEST CORNER, NORTHWEST 1 /4, ' SEC. 24, T 3 S, R 69 W 6TH P.M. I ~ FOUND 3-1 BRASS CAP IN ~ p0 RAP~GEBOX - ~.S. 13212 ; p~ SECTION CORNER TIE ~ 4 ~ ~ ~ J~ ~ t.._ -________________....___.___..___el - ~ m f ~ r`~ f ~ ~ ~ ~ fl ~ CHAi~! -LANK r~ GE ~ I THE WEST 1 f 2 OF I3LQCK 9, LAKE-VIEW SUBDIVI510N ~ ~ c~ r-~ EXCEPT THAT PORTION DESCRl~ED !N RECEPTION N0. F z r~~i r i o t• CONC~icTE WALK ~ ~ ~ ! ~ CONTAIPdING 163,809 SQUARE ~EEi OR 3.761 ACRES M D ~ F-_ c~ f i [ ` ! /"1 t~ 1 f ' 1 d P~°r r ° r°`°k-`t` °t ~ r • c r..-~w.-~r- f . ~ ~ ~ _ ~ L,~__ = - - _ _ -_-r_ _ ~ - - _ _-_-18' '1 ~ _ ► ~ ~ t ~ ,t ~ c~ ~ ~ ~ 6" wa7ER ~iNF INLET•~ WEST 44TH PLACE X97 z _ z w , w I I, RlCNARD A. GOSSETT, A !'R~FESSIONAL LAND SURVE Q ~ ~ `i' ~ Q ~ ~ ~ CERTfFIES 70 THE CITY 0~ WHEAT RIDGE, A BODY POLIT! 50' R.O.W. 4 STREET RIGHT dr Gti'AY li ~ Q o ! ;x ~ a s ~ __.___~.TlTLE COMPANY, THAT A SURVEY OF~ THE ABOVE - 80 Q K 2108, PAGE 7 67 z ~ ~ ~ ~ ~ j ~ _ j 0 BY ME OR WAS CONDUCTED DIRECTLY UNDER MY SUPE ~ r- ~ ~ ! ~ Cl3R~'FNT LAWS OF THE STATE Q~ GOLORADQ GOVEf2NlN ~ ~ Y ~ ME:h~'T SURVEY Pi~T ACCURATEf_Y AND GORRECT~.Y DEPIC ~ ~ Q ~ W PLAT CORRECT`Y SHOWS THE LQCr~.iIONS OF ALA E~UILDI~` BOOK 1325, PAGE 150 !fdl ET #98~~'-~18" LEGEND: i LL' REC. N0. F0552Q18 ..J ~ 1 W L.A~rERALS, PONDS, RESERVOIRS, WATERWAYS, AND ANY FOUND LAND CORNER ~ i tj ANNETi-E DRUMRIGHT m i tY EXCEPT AS SHOWN THERE ARE Ev0 EASEMENTS UR j ,-Y 61 ?4 Qt11TMAN STREET ~ s ~ KNdWN TO ME, ON ACROSS, OR AFFECTING SAIL? PR ~ ~x ~ A,~2VADA, CCL.ORADO 80005 ~ PART`( WALLS, NO ENCROACHMENTS ON ADJOINING F'REM ~ ~ STRUCTURES QR OTNcR IMPROVEMcNTS AND NO E t- _ AS DESCRIBED ~ '.Si SE s N0. 5 REBAR (34" LONG} ~ ~ ~ ~ ~ e ~ ~ WITH 1-1 /2" ALUMINUM CAP ~ ,Q STRI.ICTURES, QR bTHER IMPROVEMENTS SITUATED ON A ~ ti, ~ ~ ~ WiTI-~ SECTION 38-51-106, COLQRADQ REVISED STATUTE ~ia~~ ~ j "NOTICE: ACCORCING TO COLORADO i.f~W, YOU MUS i ~ ~ ANY DEFEC i iN THIS SURVEY WITHIN THREE YEARS AF7 f ; MAY ANY 4CTlON BASED UPON RNY DEFECT IN THIS SU ~.5. N0. 7367 IN CONCRETE, WITH TEE-POST j ~ o (NTSI NOT TO SCALE ASPHALT-`\ I c~ w _______.e___v ~ L x-- -x-----x-----X FENCE LINE REC. N0. 93122737 ~ ~ `x i sa ~f ~ I -~`~.~C--~ THE QATE Q~ THE CERTIFICATION SHOW~~ HEREON". c, ..1 ' ~A~T i MICNEt_E R. SEWEL~ I ~t LIGHT POG_E 148 GRANITE DRlV~ ~ ~ `n c> , ~ 10 ~ NOTICE: THIS SURVEY DOES NOT COhdSTiTU7E A TITLE l BOULDER, COLORADQ 80302 ~ ~ ! ~ ~ THE CC3MPRTiBELI~T~?' OF T!-~IS DESCRiPilON WITH THAT OF EM E] ELECTRIC MEI-ER ~ w ~ ; ~ RECORD. FOR ALL INFQRMATIORf REGARDiN~ EASEME U M ~ ~ SURVEYIIv~ COMP.~NY f2ELiED UPON TCTI_E COMMITMENT N i ~ ~ p~ j i TITLE 1~JSURANCE COMPANY, DATED 1999. Y c G1~1 E~ GAS ME1ER j o ix~ ' MBI MAIL. BOX ~ c , j ~z ~ ~ i CERTI~lCATfOiV DEFWED: I OVERHEAD WfRES ~ 89'58 23" E ? . ; ` O r+. r ~ ~a~ fr UT9Ll7Y POLE f _p 6' P!CKET FENCE ~ r 6" SAP~ITAR~' SEWER SIZE & APPROXIMATE LOCATiOhJ OF SANITARY SEWER ~.INE ~ ~ ~ OH l ~ ~ BEG~r! FENCE ~Sj- SANITARY SEWER MANHOLE ~ 6.4' WEST INLET C-~ STORM SEWER INLET ~ (PORTIQN OF~ HOOK 1325, J !NLE~ Q STORM SEWER {DUAL PURPOSE) j PAGE 150) r 1NLE1"f MANHOLE ~ SiREET VACATED ~ 1 REC. N0. 87o?~~aa 54" STORM SEWER SIZE & APPROXfMATE LOCATfON _ - ~ I OF STQRM SEWER LINE ~ ~ i TELE ■ TELEPHQNE SPLICE BOX FIRE HYDRANT ~ ~ ~ WATER VALVE ~ REC. NQ. 92082392 ~ DOUGLAS E. IKELER & a ! SUSElTE J. IKE~ER ~ wrn • WATER METER ~ 1625 LARIMER STREET, UNiT 2001 ( l3 8 f DEPdVER, COLORADO ' __6"_ _WATER L/NE__. SfZE & APPRdX1MATE LOCATION ~ ~ , OF WATER LINE ~ ~ EAST 1_lNE OF BLOCK 8 CONCRETE ~ ~ LAKE-1//EW SUBDII/!SlD_N - ss._ ~ i f ~v fiv r~'~ I ~ ~~.a~ . COUNTY SURVEYOR'S CERTIFICATE I DEPpSITED TN1S DAY OF~_____.__ __._19 ~ ~ ~ I j AT .M. IN BOOK _...OF THE CQUNTI' j SURVEYOR'S LAND SURVEY PLATSf RlGNT-O~-WAY SURVEYS ~ ASPHALT-~ n1 rrVL , f~Cl.GI" l IVIV IVV. I ~ 30.0' a r d.,+ a s i v a~ f I I L-IIN ' - 70.4 COUNTY SURVEYOR 11j ~ ~t8 ~ L i I Z - - - - - OVERHANG Fi5 193.04' 690 09' ~ -CUT ; a` ily 17 a a a CURB--CUT SOUTHWEST CORNER, NORTNW~ST 1/4, SEC. 24, T 3 S, R 69 W 6TH P.M.12 WA TER LINE CURB -CUT a . CUR6__CUT M ~ ~~/M CURB -CUT . ' ; ~w 9.09' C T 12 WATER LINE INLET FOUND 3-' /4" BRASS CAP W SOUTHWEST CORNER 89'05812JW ~RAN~FBOX - L.S. 132?'' BLOCK 9 SOUTHL(NE OF THE NW 7114 - SECTION 24 33) .22' WEST 44TH AVE S ~.i,. 7324.91' ~JO" SAN/TARY SEWER SANITARY SEWER S 89'5823" W - BASIS OF BEARINGS 331.23 60' R.O.W. 1(1" SANITARY SFWF-R 27" STORM SEWER Recorded ntf7 ' 'PIIIS DEED, 31-1,11 Lhie 30th. day of II 7.ra•2711 m Wu yuur of our Lard one thousand rims Lundred vnd 1 n°Cr (6o) mtwren 1 U.~LLhGI;SZ Z'':AhT] COI!Pti7 ,lf Lhl• County of T':; 1$Ci: it and SLate of Culurmlo, of the first Part, mod ,niF'e ii!7.90?t C01;; J'.'Y, a ' 1pp~ na]y politic and carporate un'ier the la,+s the , ~I ca'.$m' ~¢t A~ Sulu of Calonulo, of Lill n nod part, N'PPS ISSE'Pill That the said party of the first part, for and it Considelution of the -.:m of Oils LY::,I IZ and other good and v`uable considcratioa- - - - - ' - - - unT,T.A t.5, to the saki petty of the first part in h:urd Pail by the quid Party of the s1 orld pmt, th1 ....i 1A a'hm'ooi i., hera;ry cooas.d :czar cck::uv:!edgu! r. r:.l:.es;.d, sold, eunvey_d :.II,! ;anr CLAlYE11, :od I, ul.c Prnaa::L d, ..:n... ruin.., .n 11. vey an,l QVIT C1,AIb1 onm the raid Party of the.., nod Port, °t5 ha- .uwa...... nmd cosign., foal:..., .11 Ihv right, title, ;ote ,,-1, claim and d.nwlul w;Iich tin: avid nIt v of the fiat part ho s Ill and Lo me follnwinA ,Ie.vCl ll,l"I tr.3c`, o P iarr! sir ml4•, lying and Leil:g :n lh. Cuaaly of ,'"j'r~r•eoR .Ir:d .S,l If r,dnrado, to-oo l: • `sect 25 feet of the Sou-1, 2$^.° Cr'^_t of Block 9, Hake View .^,ubdiv.s:on, tognhher with the llorth $O feet of the Scuth 330.2 feet or the 5a;'•.. one- hal_f of Block e •t:t (8), L2-.e View SWn11-ir,'-on, y+5 a th^ ':fie^+ 1?2 Cnnt, theronf, d,,f[nr mrl i County, Colorado O TO HAVE A]'n'ro IIOI.U ;he .,ur Ill ,~thor with all and +ingPllu~ the uPP11 rb"Ina.I. I,I„I Prlr W~g,~, tbo re,In In belonging, Iu.u:yll _1 th,.renuh. u1,Pl.. taining, n,l nil thl, canto. right, Idle. lot- :11 .1 L:nP 11 m..,I, 1, . of Ibe raid P0.rt. L t!:• first Poll. I the in tau Llpoly, Lo Iho Doll' Lr111, , Lo.I,.i is .url of t11,. paid P,Irty of till, rod Ilal't, 1L3 ll Ml a:Hd L..IK'1.Y fare s.1 1,4"IT\'I :lu 111V'l11:I1 . 'I'h,. mod r ,If 111, fill 11:Ir1 Ilan I. onl,I gel 1 h:, rln u '.d Ill -III sly and You, f I vo writ L,a. f 1,ga,d, .alts o,ol a„I.. nd u, li:,. I r...,.,,,. n, ISEA III ~ ?:ant: cardner,gartnera IS r-A I.1 DBA Gallagher Realty Company. [9EALI s'1'AT1; OF cu LOCnuu. county .r Jeffer son 1z;11'q d,U nyri,:ntrllro,.r:l,.ar ar~,rro..dodgld ber„re all IN, 30th. day of •nlt'l^_lllZ t1. 1960 9*`,Zallagher Zealt.y Co. by William B. Gallagher, Partner Iy Iololp e4ol'i .e t a /1~3r13o1 rely II:Ind a:nl orrlrml „eat. ~ y ~ l „ ; ~y Commi Sian ezPil-~ Feb;u , :y2 •u I, nlaml I^• • I... Io-I -no. Ir I P,.r Ihrc in r r vn. 11M, sal , r-hnml l I Ihn TI II r a P.li1 tr,nu,) a. r 1 , „ru~ -ao-I Ar •uIL an, .1-11 u P! v i~'(I,Irr ,.r ,.Irl„nl n, nn 1'ILnar~a l,l.+,l ..r Ilhi ,'..I 11 „n„II'' 11.1^ .,1lr,n, all,q -Nlnr IPr/ I. I-o , nnll,n IV Vu. 933..ulr C:, I.e Uzzurl arad:or,.:ada- PrlnllnP fumn.nY. I'll o Yl..,,l alrn~l, ann... '.1-do I AT IN: L A N D S U RI V E Y I N G 5460 WARD ROAD • SUITE 160 ARVADA. COLORADO BODp2 13031 420-4788 IMPROVEMENT LOCATION CERTIFICATE N 07/12/93 $125. 93-10326 DATE FEE JOBM MORTGAGE CO LIkUS AFD MARI LYN IILRI/I '6410 W. 44TH PL. ADDRESS HERDT BORROWERS NAME _ LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPTk)N 9 SCALE:_J ~I_~~ _ ~41o W, 44 ~ ~ Pf__ / I ~j1.IX I PROPO L.WIJne.Y I ~ caaK I IJ al ~ ~ C' I' I 1 ~1 ~ I I $ to k? LL ~ ~ sett ~ ~ -WI. II II I II ' ~324~ alrJ 324 1n~y Q IT 1 31g,too' On the basis of my knovflcnnn _in(ormat(on ~f+q.I,a~p3J7. or Improvement Survey Pit and that it 1 not to be improvement lines. I further certify th the improl connections, are entirely vrithin the bou arias of the described premises by improvements on _Y. djoining sign of any easement crossing or burden! of g any part part f "NOTICE: Accortsrig to Cobrado law you m s! a o first discover such delecl. In no event ma . y any Lion based u the cene.006B drown hereon.- It is my interpretation that the above described property kxatedwidina lid yearfmd hazard baRCWybased on Federal naler9e+E-Y ~arlaJemeMAgezy Flood 4~rarlra ROI , / O °r~7^ /nor c 25, 0 ly ce that this Improvement location certificate was prepared for ,that It Is not a Land Survey Plat r upon for the establishment of fence, building, or other future nts on the above described parcel on this date, except utility :el, except as shown, that there are no encroachments upon the uses, except as Indicated. and that there Is no apparent evidence or parcel, except as noted. legal ael/on besCy.\I111111111RIDy (M tMS survey wtthh flues years seer you ,By detect N f;,a 4 (•ed more man ten years M1wn ens d~reW n N 1 0 .0 0 a ..m++ > 00 L - O N i+ L Ol-O O j Y co N 0 0 0 C 4 _C C C O4-,C.-b b 4 N ~•O (V 0-0 0- 0.- .n E L4-•- s La O Rm R O a V E 0- -IN N 0 T 0 C 0 0 t b R 3 N EE N - 0 4 C L> co 0 -0 > O Y F-- O L W t C O L 0 =O ' co C L . d ~4 0 0 0 3 E C E W.- 0 0 L b co .C N V L 0 0 i+ C L C C N 0 O N R 4- 0 0 E V -b TC V 0 X 9 C b > 0 O O 0 O O R N 0 y+ L 4 0 0-0 R 0 0 LY C C C L n O N C 0 V R T O y L C T V 0 co co L .n T O R R= b N 0~ L 3 -F+ Y 0 0 R 0 O -O L `H 0 .c b co Y- L L 0'+- C V O R L N ~p b O O O L7 W N C N N 4J N O R 0 N 0 L L T N N 0~ ~ C - c R C W C L C O 0 O - C CO n 0 O 0'O O V R 0 = n N 0 L 0 ~ Q1~ N -41414- 0 ~ 4- O C C m N E O C w an ud^ 0 - O? 0 E L C N O CO N- U++•- O 0 U L•_ X L y.i T O L n 0 ~r N .a co O N L 0 3 R T 0 N 0 C y- Nww`F'ORNaEiE N S W L N O O V N no ~ t 4- Q L 3~ L E L y 'I'1il' .;!p r.. =L:~ q c w ~cG N - w .,sTr, nve - i i g 8 8 R 8 m n a ! >e U - Q i ^m 8 n Y - F s 6 .R LAKE I A E 7 j U!' ,aoo ~ a $ ~ a ~ ~ R ~ S ~ R 88 ~ 3 # s s a a a ~wmoon a 0 ° g 3 B 3 ~ S R R R - m b d a g gi Fm N95 ' g 3a 4,0 J «n w µ ~ ~ ~ $ "N8+ „ 0 NT} 9 /MO S. Hee 41BG s$ °W i ~ s s 's OFFICIAL --'ZONE DISTRICT BOUNDRY Z O N I N G MAP - PARGEL/LOT BOUNDRY ,G~ RIDGE (DESIGNATES OWNERSHIP) I^I • "HE[ `T = -GTY LIMIT LINE COLORADO • DENOTES MULTIPLE ADDRESSES MAP ADOPTED: -kine 15, 1994 Last Revision: September 19, 1996 DEPARnIW OF FlAWM NO DEVE4RI f - 235-2852 W C, N LU 4 J T I i-r~ I NN 2-- ,crt,x o x~~^ Scue P-400 L:\DHAWINGS\PLANNING\QS\NW24 AGENDA ITEM RECAP QUASI-JUDICIAL X - Yes No _ PUBLIC HEARINGS CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 1 ST READING BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WV-99-02: Michelle Sewell SUMMARY/RECOMMENDATION: Approval of a vacation of an unused portion of public right-of- way located on the east side of West 44' Place approximately at 6400 W. 44' Place ATTACHMENTS : 1) PC Report dated 5/6/99 2) PC Minutes of 5/6/99 '41 nrelinm„Ce BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. , be approved on first reading, ordered published, public hearing be set for Monday, June 28, 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C1Barbua\CCRPTS\w 9902cover1.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: May 6, 1999 DATE PREPARED: April 20, 1999 CASE NO. & NAME: WV-99-02/Sewell CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Michelle Sewell to initiate vacation of an existing remnant piece of right-of-way east of 6410 West 44' Place. LOCATION OF REQUEST: Approximately 6400 West 44' Place NAME & ADDRESS OF APPLICANT(S) Michelle Sewell 5095 Napilihau Street, #193 Lahaina, HI 96761 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: 25'X 140'(3,500 square feet) Residential-Three,Restricted-Commercial and Commercial-One Parking lot and driveway N: Residential-Three, S: Restricted-Commercial and Commercial-One, W: Residential-Three and Restricted Commercial, and E: Residential-Three and Commercial-One N: and S: multi-family residential, E: vacant, S: commercial Transitional residential DATE PUBLISHED: April 16, 1999 DATE POSTED: April 21, 1999 DATED LEGAL NOTICES SENT: April 14, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER (X) CASE FILE & PACKET MATERIALS ( ) SLIDES (X) 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. ATTACHMENT 1 I. REQUEST This is a request for approval to vacate an unused remnant piece of right-of-way (ROW) known as Lamar Street. The portion of ROW in question is located on the east side of 6410 West 44' Place, and measures approximately 25'X 140'. At present the ROW is improved as a half street with a half intersection (concrete sidewalk radius and cross-pan for drainage) and is being used for access to the subject property and the property to the east. The south portion of the ROW has been striped for parking by the applicant. In 1993, a similar request of ROW vacation was applied for by the previous owner of 6410 West 44' Place. However the applicant at the time had to withdraw his request because he was in the process of selling the land to the current owner. The option was left up to the current owner to pursue the request at that time, however she did not continue with the request, and therefore the request was withdrawn. IT. DESCRIPTION The applicant is requesting approval of the ROW vacation to allow for the construction of a 6' privacy fence on the east side of the ROW. Currently, the applicant has a parking lot, access to the parking lot and a trash dumpster located within the ROW. The applicant has been having problems with the neighbor to the east driving onto her parking lot within the ROW and leaving muddy tire tracks and driving recklessly, so she believed the fence would stop him from driving on what she thought was her property. Therefore, she is requesting the ROW vacation to take ownership of the ROW to keep her neighbor from accessing and driving across what will become her property after the vacation is granted. Also, it should be stated that this ROW could never be used for access to West 44' Avenue due to the vacation of the remnant piece of ROW which was located to the south of the property in question. That ROW vacation was completed in 1987. The Wheat Ridge Parks and Recreation Department is actively pursuing the purchase of the vacant lands behind the commercial properties along West 44' Avenue, including the parcel which is adjacent to the east of the ROW in question. However, because the park proposal is still in the acquisition phase, there has yet to be a design proposal to see if the future park will need the remnant piece of ROW. According to Gary Wardle, Parks and Recreation Director, he doesn't foresee the need for the ROW. III. COMPREHENSIVE PLAN The Comprehensive Plan currently shows this property as a local street. According to the existing Comprehensive Plan, the existing ROW is located within the Transitional Residential land use category and, if vacated, will be serving a property that is currently used as multi-family residential. Planning Commission -2- May 6, 1999 V VV-99-02/Sewell 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. The property to the east has ROW access to West 44`" Avenue, to the south, and West 44th Place, to the west. Also, if the future park is built on the vacant lot to the east, access can be obtained by West 44' Place, which currently stubs into the property, and West 44' Avenue to the south. 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. It is presently constructed as a half street. However, approval of this request will not hinder the future plans of the City's Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. 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 is an existing overhead utility pole line established in the right-of-way. Therefore, there is a need to retain a utility easement should the vacation be approved. V. AGENCY REFERRALS The Public Works Department has stated that, as a general policy, they do not support requests for ROW vacations. Due to the uncertainty of the future development of the park, the remnant piece of ROW may be used as a potential parking lot, additional access, etc. Without a plan, the questions remain unanswered. If the vacation is approved, future options are closed. The half street is improved and is currently being used as public access and parking by both adjacent properties. Planning Commission -3- May 6, 1999 WV-99-02/Sewell The Parks and Recreation Department does not foresee the need for the remnant piece of ROW because they believe that access will be gained from West 44th Avenue, and therefore they would probably locate their parking lot closer to West 44' Avenue. 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. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the properties which are directly adjacent to said ROW have alternate access onto West 44th Place and West 44`h Avenue and therefore approval of the vacation will not leave any adjoining land without public access. Because the southern portion was vacated in 1897, Lamar Street will never be extended to West 44`h Avenue. Although the Public Works Department has stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department has stated that they see no need for the remnant piece of ROW. Therefore, staff recommends approval of Case No. WV-99-02. VII. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44`h Place) be recommended to the City Council for APPROVAL for the following reasons: 1. The property - has never been developed and used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this ROW for future use in the development of a park to the east of the ROW. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan." OPTION B: "I move that Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44`h Place) be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." EAMXCa ykwe files\wV-99-02.SR.wpd Planning Commission -4- May 6, 1999 V ,TV-99-02/Sewell CITY OF WHEAT RIDGE PLANNING COMMISSION DRAFT Minutes of Meeting May 6, 1999 2. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on May 6, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: Commission Members Present: Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Commission Members Absent: Staff Members Present: 3. Tom Shockley Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of May 6, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner SNOW moved and Commissioner THOMPSON seconded to approve the order of the agenda. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner COLLINS moved and Commissioner DOYLE seconded to approve the minutes of the April 15, 1999 meeting as presented. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. V VV-99-02 An application by Michelle Sewell to initiate a vacation of an existing remnant piece of right-of-way east of 6410 West 44th Place. The property is currently zoned Residential-Three, Restricted-Commercial and Commercial-One. ATTACHMENT 2 This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. The properties directly adjacent to said right-of-way have alternate access onto West 44th Place and West 44th Avenue; therefore, no properties would be left without public access. Because the southern portion was vacated in 1987, Lamar Strett will never be extended to West 44th Avenue. Although the Public Works Department stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department does not see a need for the remnant piece of right-of-way. Therefore, staff s recommendation was for approval of the vacation. Vice Chair GOKEY commented that if the right-of-way is vacated, the applicant would be able to erect a fence which would prohibit the adjacent owner from using the area for through traffic to and from his business. Mr. McCartney replied that this was correct and also noted that the adjacent owner has direct access onto 44th Avenue. In response to a question from Commissioner COLLINS, Mr. McCartney stated that he was of the opinion that since the owner originally dedicated 25 feet for the right of way, the land would revert back to the owner if the right-of-way is vacated. Alan White explained that vacated right-of-way reverts back to the owner who originally dedicated the right-of-way. In answer to a question from Commissioner THOMPSON, Mr. McCartney stated that the applicant cannot legally erect a fence unless the right-of-way is vacated. Rodney Felsie 595 Canyon Boulevard, Boulder Mr. Felsie, attorney for the applicant, was sworn in by Chair BRINKMAN. He stated that the staff presentation covered all pertinent points and his applicant agreed with staff's recommendation. He stated that the present use is dangerous in that trucks driving through the residential parking lot endanger lives of children in the area. He also concurred that the right- of-way would revert to the property that made the original dedication. Commissioner SNOW asked if the applicant could put a fence on her own property to prevent through traffic. Felsie replied that she would have to place the fence outside of the right-of-way and residents would have to walk around the fence to get to their parking. Lisa Bartow 6410 W. 44th Place, Wheat Ridge Ms. Bartow, property manager for the applicant, was sworn in by Chair BRINKMAN. She stated the vacation would provide safety for children in the area by preventing through traffic from entering their neighborhood. She stated that the apartment house owners have maintained and used this right-of-way for the last 27 years and that the apartment building has been in existence for 38 years. JC Drain, owner to the east, purchased his land in December of 1998 and has been using the right-of-way for 4 months. She would like to put up a fence on the Planning Commission Minutes -2- May 6, 1999 east side of the driveway to protect children as well as the residents' quality of life. She entered the following documents into the record for the Commission to review: 1. Photographs of commercial vehicles using the subject area. 2. Petition containing 18 signatures of neighborhood residents indicating they are in favor of the vacation. Commissioner MacDOUGALL asked how many parking spaces were on the lot if the right-of- way is included and how many would be lost if parking was prohibited in the right-of-way. Ms. Bartow replied that there are 10 units, and 14 parking spaces. If the right-of-way could not be used, 4 parking spaces would be lost. In response to questions from Commissioner DOYLE, Ms. Bartow explained that the apartments were built in 1961 and the subject area has been used for parking since that time. The piece to the south was vacated in 1972. The present owner discovered she didn't own the driveway when she investigated the possibility of erecting a fence to prevent the truck traffic from using it as a thoroughfare. Commissioner THOMPSON asked how many parking spaces would be available without the use of the right of way. Ms. Bartow replied there would be ten parking spaces. Commissioner THOMPSON commented that off-street parking benefits the city as well as the neighbors. Commissioner COLLINS questioned the operation of a business in this zone stating that although the property is zoned commercial in the front, the garage is located in the back portion of the property that is zoned residential. Mr. McCartney stated that the city has taken code enforcement action in this matter. Ms. Bartow stated that the city has issued nine citations to the owner of the commercial property, but he has continued to use the property in spite of the citations. In response to a question from Chair BRINKMAN, Ms. Bartow replied that none of the neighbors who were approached with the petition refused to sign. Chair BRIVKMAN asked if any accidents have occurred as a result of the truck traffic. Ms. Bartow replied that there have been no accidents but two police reports are on file. One resulted from her request to the owner of the commercial property to discontinue driving trucks through the area because of the children's safety. He threatened her and a police officer came out and took a statement. The morning after she filed the report, she made another report to the police department because her car tires had been slashed. The following individuals indicated they were in favor of the application, but did not wish to speak: Planning Commission Minutes -3- May 6, 1999 Christine VanDyke - 9346 West 44th Place Ruth Malone - 7610 Robinson Way Marlon Capillupo - 6410 W. 44th Place Jessica Stuhlmiller - 6410 W. 44th Place Toi Pietchell - 6410 W. 44th Place Mr. White noted, for clarification, that a copy of the deed included in the Commission packet indicated that the property was deeded to the County in 1960. Chair BRINKMAN asked if the owner of the commercial business could continue to use this area even after the vacation is granted by moving the guard rail and exiting father north. Mr. White replied that the city would have to grant permission for him to do this. Commissioner THOMPSON asked if the Commission could be assured that if the vacation takes place, the vacated parcel would legally belong to the applicant. Mr. White replied that ordinances for vacation of right-of-way direct the county assessor to assign ownership of property pursuant to state law. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. WV-99-02 be continued until such time as the City Council makes a definite decision about the park for the following reasons: Plans for the park are indefinite at this time. The City Council has made no final plans about whether or not to buy the adjacent land for a park and, if it is purchased, what the layout of the park and necessary parking will be. 2. Public Works has recommended denial due to the uncertainty of future development of the park and possible need for parking or access. 3. The problem of commercial trucks crossing the property can be stopped by city action. With an additional recommendation: 1. That the case can be reheard after City Council makes a decision about the park with no additional application fee. Vice Chair GOKEY stated that he would not support this motion because the park issue is indefinite and the applicant has a definite problem that needs to be addressed at this time. Mr. White asked for a point of clarification regarding what would constitute a council decision on the park situation. Commissioner SNOW offered the following amendment to the motion: Planning Commission Minutes -4- May 6, 1999 If the Council votes not to enter into negotiations for the park, that the applicant come back immediately. If purchase of the park is not approved by a year from now that the applicant can come back with no fee. The amendment was accepted by Commissioner THOMPSON. The motion failed by a vote of 1-7, with Commissioner SNOW casting the one affirmative vote and Commissioner SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Vice Chair GOKEY that Case No. W V-99-02, an application for approval of right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) be recommended to the City Council for approval for the following reasons: The property has not been developed and has been recently used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of- way for future use in the development of a park to the east of the right-of-way. 3. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 44th Place due to safety reasons. 5. It will not prohibit the possibility of legal access to West 44th Place for the land owner at 6375 West 44th Avenue. 6. If the vacant land to the east is developed, there would be adequate access to West 44th Place. With the following condition: We would retain the utility easement per the recommendation of the Public Works Department. Commissioner SNOW offered an amendment to the first reason to include the words "until very recently" preceding the words "used only as a parking lot......" The amendment was accepted by Commissioner THOMPSON and Vice Chair GOKEY. Commissioner SNOW noted that she would not support the second motion for the first three reasons stated in her motion to continue. Planning Commission Minutes -5- May 6, 1999 The motion passed by a vote of 6-2 with Commissioner SNOW voting NO and Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the Planning Commission adopt a resolution that, regardless of the outcome of the vacation application, the staff take all possible steps to take legal action as soon as possible to stop the commercial usage of the property that is riot zoned commercial including the use and passage of heavy trucks through noncommercial property onto West 44th Place. Commissioner COLLINS questioned the lack of action in spite of nine citations being issued to the commercial owner. Mr. White replied that it is an active ongoing case and he is not aware of the exact reasons for issuing each citation. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 8. OLD BUSINESS 9. NEW BUSINESS A. Vacancy on Planning Commission It was moved by Commissioner SNOW, seconded by Commissioner THOMPSON and unanimously carried with Commissioner SHOCKLEY absent, to adopt a resolution presented by Alan White requesting the City Council to announce a vacancy on the Planning Commission. 10. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session for discussion of the Comprehensive Plan at 8:45 p.m. 11. ADJOURNMENT It was moved by Vice Chair GOKEY and seconded by Commissioner SNOW to adjourn the meeting at 9:48 p.m. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. Ann Lazzeri, Recording Secretary ANNE BRINKMAN, Chair C:\Barbara\PCRPTS\PLANGCOM\PCMINUCE\ 1999\990506.wpd Planning Commission Minutes -6- May 6, 1999 50' R.O.W. STREET RIGHT OF WAY - BOOK 2108, PAGE 767 BOOK 1325, PAGE 150 INLET #98 I I j 30 I ~ASPHALT---,, o w EC. NO. 93122737 I ~ ¢ 11CHELE R. SEWELL j _U n 48 GRANITE DRIVE 1 fl~ ri f w M ER, COLORADO 80302 I ~ w ~0 f 0 I co ~I N. I I I f 6' PICKET FENCE PARCEL A-Z 0 INLET/MANHOLE #147 W 69.09' N 89'58'23" E .h 0 / ~ 0 0 N N VY 20.5' X22.0' 0 N CINDER BL-0CK SHED _ _ZDNER-3_ - ZONE_ C-1 i i i PARCEL A-1 IJ c~ 1 I I I I 1 1 i i 'I • L 1 0 M I iI 1~ASPHALT I I i j j ~ BEGIN FENCE j 6.4' WEST j . I i (PORTION OF BOOK 1325, j 1 I PAGE 150) 1 j i STREET VACATED REC. NO. 87073700 o o ~ o N ~ I I I REC. NO. 92082392 DOUGLAS E. IKELER & SUSETTE J. IKELER 1625 LARIMER STREET, UNIT 2001 DENVER, COLORADO 13.8' I ,I EAST LINE OF BLOCK 8 j LAKE-VIEW SUBDIVISION i 13.8' I 26.0' z~¢ o X-J¢= C) C) (6 co X ~ W0 26 ' .0 U O p v ~ H rn _ LAA PORTION • - 67.4.' CONCRETE FOUNDATION - - - - - . a --CURB-CUT 69. j.' I 09' .CURB-CUT 12" WATER LINE 12" W4TI n i 'Mt My CITY OF WHEAT RIDGE PLANNING Minutes of Meeting May 6,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BRINKMAN at 7:30 p.m. on May 6, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: - Anne Brinkman Jerry Collins Dick Doyle Dean Gokey Don MacDougall Nancy Snow Janice Thompson Commission Members Absent: Tom Shockley Staff Members Present: Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE The following is the official set of Planning Commission minutes for the public hearing of May 6, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner SNOW moved and Commissioner THOMPSON seconded to approve the order of the agenda. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner COLLINS moved and Commissioner DOYLE seconded to approve the minutes of the April 15, 1999 meeting as presented. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A>:CasesNo'sWV 99.-01lytt;-:ajplication by Michelle Sewell to initiate a vacation of an existing remnant piece of right-of-way east of 6410 West 44th Place. The property is currently zoned Residential-Three, Restricted-Commercial and Commercial-One. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. The properties directly adjacent to said right-of-way have alternate access onto West 44th Place and West 44th Avenue; therefore, no properties would be left without public access. Because the southern portion was vacated in 1987, Lamar Strett will never be extended to West 44th Avenue. Although the Public Works Department stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department does not see a need for the remnant piece of right-of-way. Therefore, staff s recommendation was for approval of the vacation. Vice Chair GOKEY commented that if the right-of-way is vacated, the applicant would be able to erect a fence which would prohibit the adjacent owner from using the area for through traffic to and from his business. Mr. McCartney replied that this was correct and also noted that the adjacent owner has direct access onto 44th Avenue. In response to a question from Commissioner COLLINS, Mr. McCartney stated that he was of the opinion that since the owner originally dedicated 25 feet for the right of way, the land would revert back to the owner if the right-of-way is vacated. Alan White explained that vacated right-of-way reverts back to the owner who originally dedicated the right-of-way. In answer to a question from Commissioner THOMPSON, Mr. McCartney stated that the applicant cannot legally erect a fence unless the right-of-way is vacated. Rodney Felsie 595 Canyon Boulevard, Boulder Mr. Felsie, attorney for the applicant, was sworn in by Chair BRINKMAN. He stated that the staff presentation covered all pertinent points and his applicant agreed with staff's recommendation. He stated that the present use is dangerous in that trucks driving through the residential parking lot endanger lives of children in the area. He also concurred that the right- of-way would revert to the property that made the original dedication. Commissioner SNOW asked if the applicant could put a fence on her own property to prevent through traffic. Felsie replied that she would have to place the fence outside of the right-of-way and residents would have to walk around the fence to get to their parking. Lisa Bartow 6410 W. 44th Place, Wheat Ridge Ms. Bartow, property manager for the applicant, was sworn in by Chair BRINKMAN. She stated the vacation would provide safety for children in the area by preventing through traffic from entering their neighborhood. She stated that the apartment house owners have maintained and used this right-of-way for the last 27 years and that the apartment building has been inexistence for 38 years. JC Drain, owner to the east, purchased his land in December of 1998 and has been using the right-of-way for 4 months. She would like to put up a fence on the Planning Commission Minutes -2- May 6, 1999 east side of the driveway to protect children as well as the residents' quality of life. She entered the following documents into the record for the Commission to review: 1. Photographs of commercial vehicles using the subject area. 2. Petition containing 18 signatures of neighborhood residents indicating they are in favor of the vacation. Commissioner MacDOUGALL asked how many parking spaces were on the lot if the right-of- way is included and how many would be lost if parking was prohibited in the right-of-way. Ms. Bartow replied that there are 10 units, and 14 parking spaces. If the right-of-way could not be used, 4 parking spaces would be lost. In response to questions from Commissioner DOYLE, Ms. Bartow explained that the apartments were built in 1961 and the subject area has been used for parking since that time. The piece to the south was vacated in 1972. The present owner discovered she didn't own the driveway when she investigated the possibility of erecting a fence to prevent the truck traffic from using it as a thoroughfare. Commissioner THOMPSON asked how many parking spaces would be available without the use of the right of way. Ms. Bartow replied there would be ten parking spaces. Commissioner THOMPSON commented that off-street parking benefits the city as well as the neighbors. Commissioner COLLINS questioned the operation of a business in this zone stating that although the property is zoned commercial in the front, the garage is located in the back portion of the property that is zoned residential. Mr. McCartney stated that the city has taken code enforcement action in this matter. Ms. Bartow stated that the city has issued nine citations to the owner of the commercial property, but he has continued to use the property in spite of the citations. In response to a question from Chair BRINKMAN, Ms. Bartow replied that none of the neighbors who were approached with the petition refused to sign. Chair BRINKMAN asked if any accidents have occurred as a result of the truck traffic. Ms. Bartow replied that there have been no accidents but two police reports are on file. One resulted from her request to the owner of the commercial property to discontinue driving trucks through the area because of the children's safety. He threatened her and a police officer came out and took a statement. The morning after she filed the report, she made another report to the police department because her car tires had been slashed. The following individuals indicated they were in favor of the application, but did not wish to speak: Planning Commission Minutes -3- May 6, 1999 Christine VanDyke - 9346 West 44th Place Ruth Malone - 7610 Robinson Way Marlon Capillupo - 6410 W. 44th Place Jessica Stuhlmiller - 6410 W. 44th Place Toi Pietchell - 6410 W. 44th Place Mr. White noted, for clarification, that a copy of the deed included in the Commission packet indicated that the property was deeded to the County in 1960. Chair BRINKMAN asked if the owner of the commercial business could continue to use this area even after the vacation is granted by moving the guard rail and exiting father north. Mr. White replied that the city would have to grant permission for him to do this. Commissioner THOMPSON asked if the Commission could be assured that if the vacation takes place, the vacated parcel would legally belong to the applicant. Mr. White replied that ordinances for vacation of right-of-way direct the county assessor to assign ownership of property pursuant to state law. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. WV-99-02 be continued until such time as the City Council makes a definite decision about the park for the following reasons: 1. Plans for the park are indefinite at this time. The City Council has made no final plans about whether or not to buy the adjacent land for a park and, if it is purchased, what the layout of the park and necessary parking will be. 2. Public Works has recommended denial due to the uncertainty of future development of the park and possible need for parking or access. 3. The problem of commercial trucks crossing the property can be stopped by city action. With an additional recommendation: That the case can be reheard after City Council makes a decision about the park with no additional application fee. Vice Chair GOKEY stated that he would not support this motion because the park issue is indefinite and the applicant has a definite problem that needs to be addressed at this time. Mr. White asked for a point of clarification regarding what would constitute a council decision on the park situation. Commissioner SNOW offered the following amendment to the motion: Planning Commission Minutes -4- May 6, 1999 If the Council votes not to enter into negotiations for the park, that the applicant come back immediately. If purchase of the park is not approved by a year from now that the applicant can come back with no fee. The amendment was accepted by Commissioner THOMPSON. The motion failed by a vote of 1-7, with Commissioner SNOW casting the one affirmative vote and Commissioner SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Vice Chair GOKEY that Case No. WV-99-02, an application for approval of right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44th Place) be recommended to the City Council for approval for the following reasons: The property has not been developed and has been recently used only as a parking lot and access for the adjacent multi-family structure to the west. 2. The Parks and Recreation Department does not see any future needs for this right-of- way for future use in the development of a park to the east of the right-of-way. The request will not hinder the future road improvements established on the Wheat Ridge Comprehensive Plan. 4. It will eliminate an indirect access to West 44th Place due to safety reasons. It will not prohibit the possibility of legal access to West 44th Place for the land owner at 6375 West 44th Avenue. 6. If the vacant land to the east is developed, there would be adequate access to West 44th Place. With the following condition: 1. We would retain the utility easement per the recommendation of the Public Works Department. Commissioner SNOW offered an amendment to the first reason to include the words "until very recently" preceding the words "used only as a parking lot......" The amendment was accepted by Commissioner THOMPSON and Vice Chair GOKEY. Commissioner SNOW noted that she would not support the second motion for the first three reasons stated in her motion to continue. Planning Commission Minutes -5- , May 6, 1999 The motion passed by a vote of 6-2 with Commissioner SNOW voting NO and Commissioner SHOCKLEY absent. Commissioner SNOW moved and Commissioner MacDOUGALL seconded that the Planning Commission adopt a resolution that, regardless of the outcome of the vacation application, the staff take all possible steps to take legal action as soon as possible to stop the commercial usage of the property that is not zoned commercial including the use and passage of heavy trucks through noncommercial property onto West 44th Place. Commissioner COLLINS questioned the lack of action in spite of nine citations being issued to the commercial owner. Mr. White replied that it is an active ongoing case and he is not aware of the exact reasons for issuing each citation. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. 8. OLD BUSINESS 9. NEW BUSINESS A. Vacancy on Planning Commission It was moved by Commissioner SNOW, seconded by Commissioner THOMPSON and unanimously carried with Commissioner SHOCKLEY absent, to adopt a resolution presented by Alan White requesting the City Council to announce a vacancy on the Planning Commission. 10. STUDY SESSION Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session for discussion of the Comprehensive Plan at 8:45 p.m. 11. ADJOURNMENT It was moved by Vice Chair GOKEY and seconded by Commissioner SNOW to adjourn the meeting at 9:48 p.m. The motion passed by a vote of 7-1 with Commissioner SHOCKLEY absent. C_ Ann Lazzeri, Recording` Secretary ~~vta t,ylc.ll~t(lti; ANNE BRINKMAN, Chair C:\Barb=\PCRPTS\PLAN000M\PCMINUTE\1999\990506.wpd Planning Commission Minutes -6- May 6, 1999 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED LOCATION OF REQUEST: May 6, 1999 DATE PREPARED: April 20, 1999 WV-99-02/Sewell CASE MANAGER: Sean McCartney An application by Michelle Sewell to initiate vacation of an existing remnant piece of right-of-way east of 6410 West 44' Place. NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) Approximately 6400 West 44' Place Michelle Sewell 5095 Napilihau Street, #193 Lahaina, HI 96761 Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER 25' X 140' (3,500 square feet) Residential-Three,Restricted-Commercial and Commercial-One Parking lot and driveway N: Residential-Three, S: Restricted-Commercial and Commercial-One, W: Residential-Three and Restricted Commercial, and E: Residential-Three and Commercial-One N: and S: multi-family residential, E: vacant, S: commercial Transitional residential April 16, 1999 April 21, 1999 April 14, 1999 (X) CASE FILE & PACKET MATERIALS ( ) SLIDES (X) EXHIBITS 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. A- ` L REQUEST This is a request for approval to vacate an unused remnant piece of right-of-way (ROW) known as Lamar Street. The portion of ROW in question is located on the east side of 6410 West 44t' P~ lace,- p,,;,t IL ' 1) and measures approximately 25'X 140'. At present the ROW is improved as a half street with a half to 11 intersection (concrete sidewalk radius and cross-pan for drainage) and is being used for access to the c ~t subject property and the property to the east. The south portion of the ROW has been striped for parking by the applicant. In 1993, a similar request of ROW vacation was applied for by the previous owner of 6410 West 44' Place. However the applicant at the time had to withdraw his request because he was in the process of selling the land to the current owner. The option was left up to the current owner to pursue the request at that time, however she did not continue with the request, and therefore the request was withdrawn. IL DESCRIPTION The applicant is requesting approval of the ROW vacation to allow for the construction of a 6' privacy fence on the east side of the ROW. Currently, the applicant has a parking lot, access to the parking lot and a trash dumpster located within the ROW. The applicant has been having problems with the neighbor to the east driving onto her parking lot within the ROW and leaving muddy tire tracks and driving recklessly, so she believed the fence would stop him from driving on what she thought was her property. Therefore, she is requesting the ROW vacation to take ownership of the ROW to keep her neighbor from accessing and driving across what will become her property after the vacation is granted. Also, it should be stated that this ROW could never be used for access to West 44`" Avenue due to the vacation of the remnant piece of ROW which was located to the south of the property in question. That ROW vacation was completed in 1987. The Wheat Ridge Parks and Recreation Department is actively pursuing the purchase of the vacant lands behind the commercial properties along West 44th Avenue, including the parcel which is adjacent to the east of the ROW in question. However, because the park proposal is still in the acquisition phase, there has yet to be a design proposal to see if the future park will need the remnant piece of ROW. According to Gary Wardle, Parks and Recreation Director, he doesn't foresee the need for the ROW. III. COMPREHENSIVE PLAN The Comprehensive Plan currently shows this property as a local street. According to the existing Comprehensive Plan, the existing ROW is located within the Transitional Residential land use category and, if vacated, will be serving a property that is currently used as multi-family residential. Planning Commission -2- May 6, 1999 WV-99-02/Sewell A-)"', 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. The property to the east has ROW access to West 44`h Avenue, to the south, and West 44th Place, to the west. Also, if the future park is built on the vacant lot to the east, access can be obtained by West 44`h Place, which currently stubs into the property, and West 44`h Avenue to the south. 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. It is presently constructed as a half street. However, approval of this request will not hinder the future plans of the City's Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. 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 is an existing overhead utility pole line established in the right-of-way. Therefore, there is a need to retain a utility easement should the vacation be approved. V. AGENCY REFERRALS The Public Works Department has stated that, as a general policy, they do not support requests for ROW vacations. Due to the uncertainty of the future development of the park, the remnant piece of ROW may be used as a potential parking lot, additional access, etc. Without a plan, the questions remain unanswered. If the vacation is approved, future options are closed. The half street is improved and is currently being used as public access and parking by both adjacent properties. Planning Commission WV-99-02/Sewell May 6, 1999 A_ Z The Parks and Recreation Department does not foresee the need for the remnant piece of ROW because they believe that access will be gained from West 44' Avenue, and therefore they would probably locate their parking lot closer to West 44`h Avenue. 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. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the properties which are directly adjacent to said ROW have alternate access onto West 44`I' Place and West 44`h Avenue and therefore approval of the vacation will not leave any adjoining land without public access. Because the southern portion was vacated in I$99, Lamar 196n Street will never be extended to West 446 Avenue. Although the Public Works Department has stated that they will not support the request based on the uncertain future of the adjacent land being developed as a park, the Parks and Recreation Department has stated that they see no need for the remnant piece of ROW. Therefore, staff recommends approval of Case No. WV-99-02. VII. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44`h Place) be recommended to the City Council for APPROVAL for the following reasons: Wm#- 2. rst__vG_e vatit- tz-t t JMy The property has ^ been developed andused~nly as a parking lot and access for the adjacent multi-family structure to the west. The Parks and Recreation Department does not see any future needs for this ROW for future use in the development of a park to the east of the ROW. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan." OPTION B: "I move that Case No. WV-99-02, an application for approval of a right-of-way vacation of an unused portion of Lamar Street (approximately 6400 West 44' Place) be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." EAMcC=ey\cme files\W V-99-02.SR.wpd Planning Commission 4- May 6, 1999 WV-99-02/Sewell A-1 - i+ ~e TM nve l ~ R F i g g R R $ R R o ` ~ e 5 1 .11 MARTENSEN ELEM.SCHOOL R-2 $ H 95TF1 Ave S H 4TH P. g $ ~ 3 ~a n, H .w Ave n ~ m Leo ~ +aaa ~ d ~ 3 R-3 A' $ S ~ R $ $ 8 ~ ^ ^ ILL 3 R LAKE I I R m a a ~ $ SUB° N G-1 LU a_ In 111 Q J N N E d G-1 - H 4arH nve T ~ SITE=- OFFICIAL ZONE DISTRICT BOUNDRY ZONING MAP - PARCE✓LOT BOUNDRY I__ IHET~ I ~yT IDLJGE (DESIGNATES OWNERSHIP) YV I CITY LIMIT LINE COLORADO • DENOTES MULTIPLE ADDRESSES MAP ADOPTED: June 15, 1994 Last Revision: September 19, 1996 DE'AR1MENr OF PIAMM6 AND DEVHDR• 5ff - 235-2852 Nl~l 24 icnm a x ioo aoo x° uo SCALE I'-400 L:\DRAWINGS\PLANNING\DS\NW24 ~_S 4T1 N: R-29 L A N D S U R V E Y I N G 5460 WARD ROAD SUITE 160 ARVADA, COLORADO 80002 (303) 420-4768 IMPROVEMENT LOCATION CERTIFICATE (41o W, 44 PL. PRO" W V&eanoq 2 / 13a.oo' eV t~ Irn(.(n0• I I~I IpI Iz~cKp Fvn.ue fUI_ I_A,eNntLY I 25.00' 3za st J I o I ~ / [ 4 ~~CGEP'TIO/J l~ eaue. r--II k V- J' I 1 i pl ~ ' n i0, S 0. - ~o . y ~I r 19 -J / I H Q t< 1 `v IT K VI 4 / ly W' 2! e l X32? J T T-rJ i 3-L 155S't On the basis of m kno I in y W%fC$rgqk~' or Improvement Survey Plat, and that it ! not to be improvement lines. I further certify th the improv connections, are entirely within the bou aries of the described premises by improvements on ny adjoining l: sign of any easement crossing or burden! g any part of "NOTICE: According to Colorado law you m of commence nrst discover such defect. to no event, may any tion based of the certification shown hereon." It is my interpretation that the above descnbed property located wilhina 10 Rate MDated 07/12/93 $125. 93-10326 DATE FEE Joao LCRUS ANb MARILYN IIEk[ll MORTGAGE CO. 6410 VV. 44TH PL. ADDRESS HERD! BORROWERS NAME LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPiI(N ~ J 0ce ' that this improvement location certificate was prepared for that it Is not a Land Survey Plat r upon for the establishment of fence, building, or other future nts on the above described parcel on this data, except utility :el, except as shown, that there are no encroachments upon the uses, except as indicated, and that there is no apparent evidence or parcel, except as noted. survey wfthin three years after you ne Man to years Iran the date of '7.rz d' 274 S. Park Circle Golden, CO 80401 July 15, 1993 The City Of Wheat Ridge Dept. Of Planning & Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Proposed Lamar Street Dear Mr. Gidley, Since Lamar Street was vacated south of the property we own located at 6410 W. 44th Place a fence was constructed and the land was paved. Because it was assumed that the entire proposed street was vacated. Just recently we discovered that our portion of the proposed Lamar Street had not been vacated. There is no possible way that this property can ever be used as a through street or access street. We request that the north half of Lamar Street from 44th Avenue to 44th Place be vacated and the property to become a portion of our land. A recent survey has been made of our property as well as of the proposed Lamar Street and a copy is attached. Names and addresses of adjoining owners is also attached. Your cooperation in this matter is greatly appreciated. Sincerely, ~LeRoy E. erdt 303-526-1122 3o3 a3 5-a 851 1~w (303) 235-21248 MERr U17H RECnER_T , Planner 7500 Wcst 25th Avenue P.O. 6oz 63d Wheat Rioye, CO 60034-0634 CV 'Thr (:arnation City. 274 S. Park Circle Golden. CO 80401 August 13, 19^, Meredith Reckert, Planner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80034-0638 Dear Ms. Reckert, nur,~kl"3 4J - PLAN N"" & OryE10Pb;£NT This letter is to advise you that we no longer own the 10 unit building located at 6410 W. 44th Place, Wheat Ridge, Colorado. On August 6th, the property was sold to Michele R. Sewell, 148 Granite Dr., Boulder, Colorado 80302. Her telephone number is 444-8220. Mrs. Sewell wants to go ahead with the vacation of the north half of the proposed Lamar Street. Thank you for your cooperation in this matter. Sincerely, LeRoy E. Herdt k i of w ear LAND USE CASE PROCESSING APPLICATION of wrEar ti o _ a m Planning and Development Department 7500 West 29th Avenue, Wheat Ridge. CO 80033 cc Phone(303)235-=840 (Please print or type all information) Applicant/CyE~£ ,SEIUEZ Address &Q-'RS /VjQ~%~~~lJ ~ ~93 P one - City / 0&hwi~u.~- '26 7,11 V 3/- 37-"" Owner M/Glle46 S~U/ELL Address ~'E3f~E Ak .496orE Phone eta. City Location of request (address) 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: 404 5 4'e, V ~Lo Fill out the following information to the best of your knowledge. : Current Zonin g Size of Lot (acres or square footage): 0 ' 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 co ent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-o torney from the own which approved of this action on his behalf. Signature of Applica C. GRIFFIN Subscribed and swo to thi / day ofg 199 NOTARY PUBLIC STATE OF HAWAII N ryPublic WCommission Expl M'S My commission expires C =,-2ao lcJ -~9-a Date received z> Receipt No. Case No. Related Case No.kV 3-t a-._ Zoning Quarter Section Map 7500 WEST 29TH AVENUE April 13, 1999 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 The City of ~~OF W HEq,- GWheat m GRidge COt O R NOO This is to inform you that Case No. WV-99-02 which is a request for approval of a vacation of the unused portion of the right-of-way located to the east of 6410 W. 44' Place 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 May 6, 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\PLANGCOWUBHRG\w 9902cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 9 d C d d ~ d yNj C ~ U y a ~ a ~ v c _ U avi m a p' R c ° z v ~ . WI R 7 'y 9 d y d j O w ~ N ~ ° p IR7 3 a w = 41 I y NE° a N ~ v L ° R v v c w.2 R .J in r -O = # N N O N O N O N O N O N O % V ~.D R R A M m m m m m m W M m m N Q m° ~ O ~ ~ 3 3 3 N v O ~ y ~ d ~ M M ~ M M U M M C R N O 00 N N 00 w O » N N c O 0 NGp ~ dmm Y Q p~j N O mO 2<0 `I f/J Nm _O = C V O R a` N p N F U fn E O 21 Ow 6 ° O O y v a r~ a.c - 2 z o ' a'2!'g ` v~ (L r _ v N _u a N J > ~ o K o it c > min R t0a °-a-_ ` vo ^ Nd Fvm -Mm m vm L~ R R N L 9 m L ~ N L Y w L C y d NOUN Q O ' K 0 C E R ~0 w E m R N U W l~ M V N O n M N Q 0 rn m m m w rn co ~ ` m n m, m m m m v m v rn v m v rn v m v rn W W Q E . U z a Q W zz c~ ~ ~ rn N 0 c~ z_ a W z } o z ~ LO = c Una a N T 0 c. W E O O P. ro z U Y Ali H b c T p b Y .a z Y H T II • Approved Date IIDEPARSW= OF PUBLIr IRWDPi= TO: Sean McCartney, Planner I FROM: Bob Goebel, Director of Public Works DATE: April 22, 1999 SUBJECT: Street Vacation, Lamar Street south of 44" Place It is the general policy of the public works department to keep rights of way whenever possible. It is very difficult and expensive to get it back if we decide we need it in the future. There must be a very good reason not to keep it to recommend in favor of a vacation request. In this case, the existing right of way is not a through street. It does, however, provide access to both adjacent properties. It is currently paved as a half street. There is potential for the City to acquire the adjacent land east of this right of way. It presently has existing overhead utilities on its east side. While it is true that the existing properties adjacent to this right of way have alternative access to other streets; 44`h place for the property to the west, and 44`h Ave. for the property to the east, the fact remains that both properties are using this half street for access on a regular basis. The property owner to the west would like this property for themselves so that they may use it for additional parking and have the ability to fence it to prevent the adjacent property owner to the east from using it. In my view, this is not a significant enough reason to give it up especially in light of the fact that we may acquire the property to the east. I think it is premature to say that we will definitely not use it without having a plan for this potential future park. At this time, I must recommend that we deny the request to vacate. If and when the final park plans show that there will never be a need for this right of way, then I would be more comfortable recommending vacation. If the Planning Commission and City Council do recommend vacation, we must reserve a utility easement for the existing facilities. A- ID STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 6 Traffic Access/Utilities Permits 5640 East Atlantic Place Denver, Colorado 80224 (303) 757-9886 April 9, 1999 FAX (303) 757-9904 City of Wheat Ridge 7500 W. 29' Ave. Wheat Ridge, Colorado 80033 ATTN: Sean McCartney RE: WV-99-02 RIGHT-OF-WAY VACATION EAST OF 6410 WEST 44TH PLACE (WHEAT RIDGE) The Colorado Department of Transportation has reviewed the above and since it is not located on the State Highway system we have no objection. Sincerely, /ve+SL3L Nashat Sawaged, P.E. Access Engineer NS/je CC: L. Warner L. Lipp File (Wheat Ridge) RF 168NS040999.doc Page 1 of 1 MEMORANDUM Approved Date TO: Sean McCartney, Planner FROM: Greg Knudson, Development Review Engineer DATE: April 1, 1999 SUBJECT: 6410 West 40 Place, WV-99-02 - Vacation of Unused Portion of Public Right-of-Way The Public Works Department has reviewed the Planning Department referral dated March 30, 1999 for the above referenced site, and has the following comments: 1. Based upon the requested action of this referral for vacation of unused portion of right-of-way, the development standards typically enforced by the Public Works Department will not be required at this time. 2. The Traffic division has reviewed this referral with no comments at this time. 3. The Surveying division has reviewed this referral with no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 0 CP n 4 X'k VV ,V J r A D m n a 2 S < O p m y f Z r 0 D no W n arr0 C y 0 Q o _A 2 C C m O V S n mm5 ' m Y, m a ~ A N T ~ O n~ Y^ T IL ~tl r I m D 1 D n r S n ~m > u :m ro :a T ~ IA = n F L t 1.~ J O a 0 mm a a 2 m tl ~ r ?t 2io ; 8 S " ti 60 no a0 al b E V-Z I to i q 09 ,09 Lf9 OS c 3M d 'A I l tl-6 I Ot n 6v 8 (RiD I~@ 414b a~d M 0~1 B 1 ens M I A3)4 Q1O ~ 800 r H-C dp Id loo 200 £oo b0 NE) v tlLO v a '41 bb o , a , N ISInl ~9n tE ~ a 6 11 ZI 01 ^ £1 Al 0 ^ N8 n1 _ 100 Z 200 ® 400 SOD V N O ® 5 ^sL 9 GL L b CL E.61 ry ,19 . ,Ca _ 415- 4 ,L9 ,LL ,GL ,SL ,LL 21 EIO I' b10 = ®Im 10 2 82 L2 ^ 92 ^ 5Z _ too _ t~% S = b00 ~ E00 Z00 2 iZ V. E2 ca 4Z,o9 SL 21 , it = 010 COD EI ZI 11 II 51 *9n 83 dH ,:1~ 100 G zoo • p , C 1 Z~ £ st 4 u S tc 9 SL ~,a9 _ aDO~d v1 b 5_ £b Z-6£ 6wuio(pb 99 ,991 Gal ~1a47+Dy_ ~a~scll, a iscll~r ~o-Go~ s£ e tlsl; x 410 a! £ u_ b_Bida urr9a ! b10 u. ~ ! 0® re :l sz'191 ,dn4r~c IO ~ ' 6 '100 I.: W0 VLD ~ V-a 810 N 11 d \°J Al ,A a 01 7D~~ $ n ££0 r c9i eolz „ 9I0 ocl-czfl 11 - Gz'991 L10 M z£o 810_ $ S 31A3Nd~ _ 1 ZI ~~OZO~ ~ 610 zfl 1£0 ° 08 $ pot S9 " d 0 la t!d o£o k ^ u 61 8Z0 ow N LZO 9Z0 bZ £ZD 1 6Z0 ° 3 6 I~ N 6 u ~ e sa .09 f 940 _ ~ _ olo uo " • zlo £lo ao 1ao _ - 010 10 = a ~1 p o, O = O I o t£ 0£ S4 b4 f4 Z4 14 ~ Z£ Lb 94 S 908 v00 900 0) _ -en = NO, _ 100 - 1N e _ © , 'ct, r -,L00 , t O® 4!1 et of fit 9t ' s a 64 yt ~F ii ft .09 4154 M Ge Gi Ga 8001d d 4 1 r SA ....~L..._ 3AV Hitt M _ (LLf (OC-60d ; (OOLfL0a)0 v " I v (L:L-GG ( BLL-GI►L 0 n SG6r t 0 (X_ SZCt 0 Q~ E^q~ I (L4:-i)MJ i W-Qd (If: fCL: (LLf-d)n (9[f-d)r0 N ~~4 ~ _ o u I S a SL ► I i d'O1 m oQu; i i S (L .S9 °u ~~aO y Na ,a E L ~ 10 1 3AV HLS4 M------- v~ r ax a - > c v (01-O)d o ~ (N-a)d s (t ~sL i~ o ~ ~ .os ~ ° ~e AS Id Rig* VA (Ot-a)d QN 9N .tZ9 g ° ' V N oc-03 (it-t)d AS ----•-3AV H15V M- (1")d cg*-COa L9►-c69 .sz ^dnxa (m = - _ Id HiS► vv 1301LSO 100N05 t-a lac-LLOO o sz a 9 u (►9-a)d ,aer e n u~ vj N HLl* M-•- - -1 tee- ~ o (L►-B)d tee! (Lt-a)d .YLC 1 SL -----3AV H19t M-• v '.1-it (L9(fZ i` o AS (09-a)d .SL ----1d H19f M--------- t (L`SyOo A W-1 4 0 LOS - ' Eck--; _ (f 11-L nQ Ul (pL►-tN7 C9i + h J (OaL-ate 14L-=. (9tS-aL6 0 .90 .OS r . 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Meat Telephone 303/ 235-2846 Ridge March 30, 1999 The Wheat Ridge Department of Planning and Development has received a request for approval of a vacation of the unused portion of public right-of-way adjacent to 6410 West 44" Place. Your response to the following questions and any comments on this proposal would be appreciated by April 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-02 LOCATION: Adjacent to (east of) 6410 W. 44' Place REQUESTED ACTION Vacation of unused portion of public right-of-way. 1. Are public facilities or services provided by your agency adequate to serve this development? K/a 2. Are service lines available to the development? /V/14 3. Do you have adequate capacities to service the development? "114 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? Alo 6. Are~ there any concerns or problems your agency has identified which would or should affect approval of this request? Al, / Please reply to: Sean McCartney. 303/235-2852 Completed by: Department of Planning & Development (Name, AgencylD partment, Date) JA~~ DISTRI X ~4rJater District O"allot Ridge) X Sam . ' ict (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City x X US West Communications X State Land Use Commission X State Geological Survey x X Colorado Dept. Of Transportation X Colorado Div. Of Wildlife Colorado Dept. of Natural Resources X Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. Jeffco Health Department leffco Schools Jeffco Commissioners TCI of Colorado 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 Baseball Dist. "The Carnation City" CABarb=a AGENREF1wv9902.wpd 7500 West 29th Avenue The City of Wheat Ridge, Coiorado 80033 Wheat Telephone 303/ 235-2846 Ridge March 30, 1999 The Wheat Ridge Department of Planning and Development has received a request for approval of a vacation of the unused portion of public right-of-way adjacent to 6410 West 44" Place. Your response to the following questions and any comments on this proposal would be appreciated by April 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASENO: WV-99-02 LOCATION: Adjacent to (east of) 6410 W. 44' Place REQUESTED ACTION Vacation of unused portion of public right-of-way. I. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 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 ~ffartment, Da ) DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) 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" CABarbaraWGENRER 0902mpd 7500 West 29th Avenue The City of Wheat Ridforado 80033 Wheat Telephone 303/ 235-2846 Ridge March 30, 1999 The Wheat Ridge Department of Planning and Development has received a request for approval of a vacation of the unused portion of public right-of-way adjacent to 6410 West 44' Place. Your response to the following questions and any comments on this proposal would be appreciated by April 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-02 LOCATION: Adjacent to (east of) 6410 W. 44a' Place REQUESTED ACTION Vacation of unused portion of public right-of-way. I. Are public facilities or services provided by your agency adequate to serve this development? Yes 2. Are service lines available to the development? Yes 3. Do you have adequate capacities to service the development? ye.5 4. Can and will your agency service this proposed development subject to your rules and regulations? ies 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? 'Clone Jp/~F.rN r a y kt i l` - s Please reply to: Sean McCartney. 303/235-2852 Completed by LJ~^ Department of Planning & Development (Name, Agency/Department, Date) Y-8-Y9 DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) 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" CABaib=n AGENRERwv9902.wpd 7500 West 29th Avenue The City of Wheat kidge Colorado 80033 Meat Telephone 303/ 235-2846 Ridge March 30, 1999 The Wheat Ridge Department of Planning and Development has received a request for approval of a vacation of the unused portion of public right-of-way adjacent to 6410 West 44' Place. Your response to the following questions and any comments on this proposal would be appreciated by April 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-02 LOCATION: Adjacent to (east of) 6410 W. 44' Place REQUESTED ACTION Vacation of unused portion of public right-of-way. 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? /V 4. Can and will your agency service this proposed development subject to your rules and regulations? ~4 5. Are specific easements needed on this or any other document? A IA 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Sean McCartnev. 303/235-2852 Completed byC Department of Planning & Development (Name, DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City x X US West Communications X State Land Use Commission X State Geological Survey x X Colorado Dept. Of Transportation X Colorado Div. Of Wildlife Colorado Dept. of Natural Resources X Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. X Jefferson County Planning Dept. "The Carnation City" CABarb=\AGEN2ERwv9902.wpd Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado 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 Baseball Dist. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat Telephone 303/ 235-2846 March 30, 1999 Ridge The Wheat Ridge Department of Planning and Development has received a request for approval of a vacation of the unused portion of public right-of-way adjacent to 6410 West 44' Place. Your response to the following questions and any comments on this proposal would be appreciated by April 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-99-02 LOCATION: Adjacent to (east of) 6410 W. 44' Place REQUESTED ACTION Vacation of unused portion of public right-of-way. 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) X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) 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:~BubuaWGENREFW902.wpd W 49 TH AVE 0 F - F ' R F i ~ 3 S R R R R I •$I 5u MARTENSEN ELEM. SOHOOOOL R-2 o 6 6 . a W 45TH AVE D LAiG I ' I ' m SU6i I I I I N 3 ~ B R R ~ w 46TH Ave ^ o e /'V 4380 W 45TH R `erg( W ~ Qy b ~ qqyy S N W 49TH AVE m e $ o 3 3 m R m m R-3 G-1 m y b u R wy R e g S u~ig mR w 4sTH nve G-1 N lU J N ~T+--,•Tr- w 44TH nve OFFICIAL _ ZONE DISTRICT BOUNDRY V C6gl0t l NY `l L Z O N I N 6 M A F - PARCEL/LOT BOUNDRY _'j~j (DESIGNATES OWNERSHIP) y~l IET /SRI DGE - -CITY LIMIT LINE o wwe vie goo +oo COLORADO DENOTES MULTIPLE ADDRESSES SCALE I'-4C0 MAP ADOPTED:.kme 15, 1994 Last Revision: 5epte ber 19, 1996 DEPARTMENT OF RAMtlNG AND DEVELOPMENT - 255-2852 G-1 L:\DRAWINGS\PLANNING\QS\NW24 )(F- ~>C? 4= AIL 6 Z//a 9~- / or tL-t %a ~Soe~ 4 ( 7 -asp/