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HomeMy WebLinkAboutWV-98-047500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 November 24, 1998 Mr. & Mrs. Russ Anderson 6465 West 48' Avenue Wheat Ridge, CO 80033 Dear Mr. and Mrs. Anderson: Ridge Please be advised That at its meeting of November 23, 1998, the City Council DENIED your request for vacation of an unused public right-of-way along Marshall Street. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, 1~JCG~ Barbara Delgadillo Planning and Development Secretary Attachments: /bd cc: WV-98-04 C:\Barbara\CCRPTS\cortespondentt\wv9804andemn.wpd CITY COUNCIL MINUTES: November 23, 1998 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1..- Council-Bill 40 -An Ordinance vacating`a portion-of Marshall -Street within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-98-04) Council Bill 40 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1138 assigned. Jon Bradley, appearing on behalf of the applicants, was sworn in by the Mayor; he asked for approval of the vacation. Sean McCartney, City Planner, was sworn in by the Mayor and presented the staff report. Motion by Mr. Siler that Council Bill 40 (Ordinance 1138) a request for approval of a right-of- way vacation of an unused portion of Marshall Street (approximately 6465 West 48' Avenue), be approved for the following reasons: 1. The property is, and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan; seconded by Mr. Mancinelli; failed 5-3 with Councilmembers Mancinelli, Siler, and Donnelly voting yes. Item 2. Council Bill 39 - An Ordinance prohibiting parking for the purpose of selling a vehicle. Council Bill 39 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1138 assigned. Mr. Middaugh explained that this Ordinance would provide a tool for Code Enforcement to speedily go after violators. This should not affect private property owners trying to sell their vehicle on their property. Jerry Fay, 1220 Wadsworth Blvd., Executive Director of the Colorado Independent Automobile Dealers Association, was sworn in by the Mayor and asked for passage of this Ordinance. His association has no problem with private sales of vehicles by their owners, they do object to the sale of automobiles by unlicensed dealers. ' "T z QUASI-JUDICIAL , X Yes No X P#1ZLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS — PROC./CEREMONIES CITY ATTY, MATTERS ORDINANCES FOR I ST READING BIDS/MOTIONS LIQUOR HEARINGS —XORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WV-98-4: Anderson Right-of-Way Vacation SUMMARY /RECOMMENDATION: An Ordinance approving right-of-way vacation on Marshall Street adjacent to West 48 Avenue (north of 1-70). Adoption is recommended. ATTACHMEWS.- 1) Site Plan Report dated 10-1-98 3) Planning Commission Minutes 10-1-98 4) Ordinance BUDGETED ITEM: Yes No amol- Jaime! 1 11 � 1 xl�l 1. The property is, and has always been unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan." C: �Barbar,i\C,CRPTS�kwv984cover#2,wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: November 23, 1998 DATE PREPARED: November 16, 1998 CASE NO. & NAME: )ATV-98-04/Anderson CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Russ and Jan Anderson for vacation of unused public right-of- way (Marshall Street) LOCATION OF REQUEST: Adjacent to 6465 West 48th Avenue (north of I-70) NAME & ADDRESS OF APPLICANT(S) Russ and Jan Anderson 6465 West 48th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: Same 6,600 square feet Agricultural-One and Commercial-One Vacant / public right-of-way N: and E: Commemial-One, W: and S: Agricultural- One N: Light Industrial, E: Retail Commercial, W: Service (night club); S: Interstate 70 COMPREHENSIVE PLAN: Commercial Activity Center DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS September 11, 1998 September 17, 1998 September 10, 1998 (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. L REQUEST This is a request for approval of a right-of-way (right-of-way) vacation for an unused portion of Marshall Street running between Interstate 70 (south) and West 48th Avenue (north). The property is approximately 40' wide (east to west) and 320' long (north to south). It is currently undeveloped. II. CASE HISTORY This case was originally heard before Planning Commission on November 20, 1997. It was approved by Planning Commission and forwarded to City Council. City Council denied the request based on the idea that the right-of-way could be used for future development and may be needed to access the developments that are created. The applicant is requesting the vacation of right-of-way so they can "maintain, grade and groom" the land. They believe that the unused and disregarded strip of land is becoming an eye-sore and every summer it grows high with weeds. The original request was to vacate the property to allow for the then three existing billboards to remain in place, while the property owners leased the land. Since the original request, the billboards have been removed, and the right-of-way property remains vacant. One billboard now remains on the property adjacent to the right-of-way (east). This property is located in the B-2 billboard district within the City of Wheat Ridge. Zone B-2 allows for the placement of billboards throughout a designated area that generally lies north of Interstate 70. Pursuant to Section 26-412(c) of the Wheat Ridge Code of Laws, the maximum number of billboards permitted in the B-2 billboard district is 16 and there must be at least 600 feet between billboards which are oriented to the same roadway. Because there currently are 16 billboards within the B-2 billboard district and there is an existing billboard located approximately 20' from the property in question, this property could not legally allow for the placement of an additional billboard without the approval of a maximum number and separation variance by the Wheat Ridge Board of Adjustment. It is staffs opinion that the right-of-way will most likely not be developed. This right-of-way strip is an unused remnant of Marshall Street that was bisected during the creation of Interstate 70. There has never been any improvements on this portion of right-of-way, nor are there any plans for any future use. Also, due to the proximity of this property to the existing I-70 on-ramp, staff believes that this property would not be needed for any future access or any future improvements to I-70. The remnant right-of-way is located on top of a sloped berm. To the west, the property slopes suddenly and continues to slope until it reaches the Disabled American Veterans (D.A.V.) parking lot. Any future development of the property or the right-of-way would require sufficient grading and retaining of soil to allow for proper development. Therefore, future development of the right-of-way is unlikely. There are no restrictions in the zoning code regarding submittal of the same vacation request within a specified time period (like variances). City Council Page 2 WV-98-04/Anderson III. COMPREHENSIVE PLAN The Comprehensive Plan currently does not show this portion of Marshall Street on the master plan, as a street because this is undeveloped right-of-way. The existing parcel is located within the Commercial Activity Center land use designation. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property that will not comply with the existing land use designation. IV. CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the City Council shall make the following determination: 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 the adjoining land without an established public road as this right-of-way is not developed and has never had public improvements. No property would be land locked if the property is vacated. 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the City's future Master Plan and should be omitted as a designated public right-of-way from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the right-of-way in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and / or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a larger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. City Council Page 3 WV-98-04/Anderson V. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the property should be designated as a utility easement for the existing Public Service power poles. VI. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on October 1, 1998. A recommendation of approval was given for the following reasons: 1. The property is, and has always been, unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that because this portion of public right-of-way has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles, the proposed vacation should be approved as requested. VIII. RECOMMENDED MOTIONS OPTION A: "I move that Council Bill No. , a request for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be APPROVED for the following reasons: 1. The property is, and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan." OPTION B: "I move that Council Bill No. , a request for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be DENIED for the following reasons: 1. 2. 3." C:\Barb.\CCRPTS\ W V-98-04. W PD City Council Page 4 WV-98-04/Anderson W52NDAVE I F 9 F r P.- .•i L W Z W Q 7 I T f-IT~ \ \ St'r~ OFFICIAL 10 YEAR F D AIN 0- LOO PL ZONING MAP !APPROXIMATE LOCATION) - ZONE DISTRICT WUNDRY J~ D Wu I EAT RIDGE - PARCEL/LOT SOUNDRY COLORADO (DESIGNATES OWNERSHIP) = _ CITY LIMIT LINE - "P ADOPTED' June 15, 1994 WATER FEATURE t Revieion: November 10, 1997 DENOTES MULTIPLE ADDRE55E5 'ARiMENT OF R AWW, ANA nF4A !AFAR -'1~F.~ac~ J I~ o » ao aw r» .oo SCALE I•=400 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1998 TITLE: AN ORDINANCE VACATING A PORTION OF MARSHALL STREET (CASE NO. WV-98-04) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, right-of-way was previously dedicated for Marshall Street between Interstate 70 and West 48`^ Avenue (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 Marshall Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6`h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: a. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. b. On the south by the northeasterly line and west line (a.k.a. Course No. 3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. C. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. d. On the north by the southwesterly line of that parcel of land as described in Book 436, page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 foot strip contains 13, 170 square feet (302 acres), more or less. Section 2. Conditions. A utility easement is hereby reserved over the property hereby vacated in accordance with Section 43-2-303(3), C.R.S. Section 3. Vesting. Upon the vacation accomplished hereby, title to the property vacated shall revert to abutting property owner(s) of record in the manner set forth in Section 43-2-302, C.R.S. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1998, 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 , 1998 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 1998. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CiHarb,rz\CCRRI S\RES0-0RM,MS04.ord.wpd Ordinance No. Pale MYERS BRADLEY DEVITT & ARP, P.C. ATTORNEYS AT LAW 2201 Ford Street South Mesa Professional Building Golden, Colorado 80401 (303) 3849228 Fax (303) 384-9231 November 16, 1998 Sean McCartney City of Wheat Ridge 7500 West 29' Avenue Wheat Ridge, CO 80215 Re: Vacating Marshall Dear Sean: Frederick J. Myers Jon T. Bradley Jerald J. Devitt Randall C. Arp Please send me a copy of the Staff Report that has been prepared for the hearing in front of City Council on November 23, 1998 at 7PM. Thank you for your professional courtesy in this matter. Yours very truly, DEVITT & ARP, P.C. The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge November 2. 1998 Dear Property Owner: This is to inform you that Case No. WV-98-04 which is a request for approval of a vacation of the unused portion of Marshall Street running between I-70 South and West 48`h Avenue (north). The area measures 40' wide by approximately 320' long will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on November 23, 1998, at 7:00 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this 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'.AI3ar6araACCRI' I SV111113N01 1 CW,,9804certIetter.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 d N J O d ~ C N 9 U C N C O ~ ~ U a \ O n ~ a N Q \ N p r > _ d U d ~ U ry n N O z v ~ vl N ~ O a d 9 u p v v u v K > K N u i ~ N N v m n E ~ d m L ° m a ° c E v o m w N~ q - u d v O v O v O v O v O v O c O v O v O _ X U N S _ N m OJ rn N m N m N rn N m OJ m N m W m OJ m 1 m w° 3 3 3 3 3 3 3 3 3 u _ O N OI T O C O a p p L M ON ~ C O M ~p m N ~ M M C w m O cKVtO m~ N in°m E m ~~cO 'ui mo° m°o _ _ mtn O d N O L O °i O _ O M O M C_ O ~ ON V O_ U N O U O) y) O ¢ OI O E M (n N O i' E ry O Q) N N= O L C S ] L M _ L U O O CO N p 0 U . _O L U Y of - m N O c U `m v = o uJ. mm Q `m v m J 0 o m o E U m `m v v O m o c m v ~a 0 m~a s u `m m 0 m o ~ o a o cmK ~ ~ m u > c a 7r m ~n °mo~ U ~ ° O v t6 3 m v r m ° ~ °Q 0~ ~ ~ O= p ~ ~ ~ N ~ a i o i ~ p U r U ~p 'p N N L ~ S >L > ~ Q L C N N U N N Q W _ .Ql = O - j N O m cG a~ cn Q CL ~U w E ❑ ❑ ❑ X ❑ ❑ z v .2 LlJ Q o 0 0 0 0 ° 0 0 0 N p o m m rn m w 0 m m m m Q N rn r m r rn r m r rn r rn r m r rn r m r m v a v v v v v a a _ W O E r w r m r rn r m r rn r m r m r m r m U z Q Lu Z W O C~ 2 ~ p O LL N 2 z 0 a Z I - I } o W H 2 a F L Un~ a m O c➢ ~ u F G c ^J N ~ u G O c v n v w G `m z I a u N J J p~ N ~ C d d ` C d N N C U d ry ~ ~ a K O y N C Q r d U U d d ~ N C ~ Z J - wl ~ d -y a ' u p dv u v vo v m N N w = o E ° E 0 v U a _ L O N EE p) O # Q Q V Q V a 9 N U N N N m m O> m O) N Q m° 5 U 3 3 3 3 3 N _U U N (C O d M M M M M C G .O M O M O M O M U O M O C C V~ O N O ~ OJ (n OJ C (n N N M N O N N N O" N U m D O c N O o a U C (0 O v U Q N U y U L U ~ N U (n ` N N J >i N L R d _ Q W Ip N (D v a N a Z a a W a c 'o N Q N m Q O K m N K (n L O a' R a a:o _ ~ m m Q m Q a ~ m Q ° m ~ ~ m aQ V ~ d 9 a, m d ~ u, d > N aQ U N Q C N N 0 N O N O N ) - U U U~ E £ ❑ ❑ ❑ ti ❑ z N Lo U r L11 N a r o m 0 rn 0 o 0 0 p o m m m m w m m m rn rn Q 00 r r r r r n a Q W O E m m rn rn rn U z Q l1J O LLJ n F- > EE O N Z_ ova a Z O W 2 Uti~ a C CJ J O F DG V U C 0 N Cv' z 0 c C F V U U Cl N O N z O z v a N O V c E z c h r'RAFT QUASI - JUDICIAL , X Yes No PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS X ORDINANCES FOR I ST READING BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WV-984: Anderson Right-of-Way Vacation SUMMARY[RECOMMENDATION: Approve right-of-way vacation on Marshall Street adjacent to West 48 Avenue (north of 1-70) ATTACHMFXTS: Report dated 10-1-98 2) Planning Commission Minutes 10-1-98 3) ordinance BUDGETED ITEM: Yes No smo "I move that Council Bill No. be approved on first reading, ordered published, public hearing beset Monday, November 23, 1998, at 7:00 p,m. in the City Council Chambers, Municipal Building, and if approved second reading, take effect 15 days after final publication." I C:\,Barbara',CCR,PTS%wv984cover,wpd a Ii % I"2 AlYe by Commissioner GOKEY and seconded by Commissioner SHOCKLEY that the agenda be approved as amended. The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW absent. 5. APPROVAL OF MINUTES Commissioner MacDOUGALL moved and Commissioner GOKEY seconded to approve the minutes as presented. The motion passed by a vote of 4-0, with Commissioners COLLINS, DUNN, and SNOW absent and Commissioner SHOCKLEY abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING ..A: Case No WV=98404:n application submitted by Russ and Jan Anderson for approval of a vacation of unused public right-of-way for a portion of Marshall Street for the purpose of maintaimn- the area. The area is zoned A-I and C-1 and located adjacent to 6465 West 48th Avenue (north of 1-70). This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property and advised that there was jurisdiction for the Commission to hear the case. He entered the comprehensive plan, zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. He stated that this case had previously been approved by the Planning Commission on November 20, 1997 and then denied by City Council on the basis that the right-of-way could be used for future development and might be needed to access those possible developments. He stated staffs opinion that, since this right-of-way has never been improved.and there are no plans for future use, it is unlikely to be developed in the future. He stated staffs conclusion that, because this portion of public right-of-way has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles, the proposed vacation should be approved as requested. Commissioner BRINKMAN asked if this application satisfies the previous concerns of City Council. Mr. McCartney replied this application will answer the City Council's concerns in that the ori„inal request dealt with three existing billboards which have since been removed and the right-of-way remains vacant. Commissioner BRINKMAN asked if there were feasible alternatives for use of this land. Mr. McCartney replied that no additional structures could be placed in that area. Plannin.- Commission 10/01 /98 In response to a question from Commissioner MacDOUGALL, Mr, McCartney replied that Disabled American Veterans owns the one property to the west. In response to a question from Chair THOMPSON, Mr. McCartney statc\l that all issues with Jefferson County have been satisfied. John Bradley 2201 Ford Street, Golden Mr. Bradley was sworn in by Chair THOMPSON. He stated that he is an attorney representing the applicants. He stated that the previous concerns of City Ct~uncil have been addressed, and that there have been no protests or concerns expressed by the neighborhood. He stated that the applicants wire looking forward to the privilege and resiqNnsibility of maintaining the subject property in order to improve the overall condition 0f the neighborhood. Chair THOMPSON asked if there were any other individuals present who t~jshed to address this matter. There was no response. It was moved by Commissioner SHOCKLEY and seconded by Conunis ri':l r GOKEY that Case No. WV-98-04, an application for approval of a right-of-way vacation Of an unused portion of Marshall Street (approximately 6465 West 48th Avenue) be teQotntttended to the City ouncil for APPROVAL for the following reasons: 1. The property is, and has always been, unused for street or access purlkises. 2. The Director of Public Works finds that there is no other treed for the propertv other than a utility easement for Public Service. 3. The request will not hinder the future improvements estalilislted on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval. I The motion carried by a vote of 5-0 with Commissioners COLLINS, DUi`111 and SNOW absent. B. Case No. MS-98-05: An application submitted by C. B. Euser for approval of a minor two- lot subdivision as well as a maximum building coverage variance and front, side and r t yard setback variances for the purpose of selling one lot. The property is zuntrl R-2 and located at 6745 West 32nd Avenue. This case %vas presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property and advised that there was jurisdiction for the Commission to hear the case. He entered the zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were aceeptetl by Chair THOMPSON. He stated staffs conclusion that a subdivision is required to avow the sale of individual structures as well as to review the proposal in regard to development 10/01/98 PUBLIC HEARING SPEAKERS' LIST CASE NO: W I/ - 98-0't ( -,Ross aii,4 ,I m) A ) DATE: QUEST: D EP_sOA) 6PR1 October 1, 1998 ©1)At_ OF A 2 ~ MCA7-104) OP U AWS E A PQ bcj r. IC LGNT- OF- GJiA ~ Fog A Pnp- MegYs6irAZZ s r2 cEr roe Pveyc~sz MAW-MV)uG. 7d6 OF l A2t3A, _~~~/(oY (e) ESr 4 8 TN Adg-A) o r Speakler Name o113pmLFi~ (please print) Address/Phone 2_;k TOQc~ :~t In Favor / Opposed ,tip ~ -~l2 Y(7urc-- fi_'Vrwvj CITY OF WHEAT RIDGE `E'- PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: October 1, 1998 DATE PREPARED: September 24, 1998 CASE NO. & NAME: WV-98-4 / Anderson CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Russ and Jan Anderson for vacation of unused public right-of-way (Marshall Street) LOCATION OF REQUEST: 6465 West 48th Avenue (north of I-70) NAME & ADDRESS OF APPLICANT(S) Russ and Jan Anderson 6465 West 48th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 6,600 square feet PRESENT ZONING: Agricultural-One and Commercial-One PRESENT LAND USE: Vacant / public right-of-way SURROUNDING ZONING: N: and E: Commercial-One, W: and S: Agricultural-One SURROUNDING LAND USE: N: Light Industrial, E: Retail Commercial, W: Service (night club) S• Interstate 70 COMPREHENSIVE PLAN: Commercial Activity Center DATE PUBLISHED: September 11, 1998 DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: September 17, 1998 September 10, 1998 (XX) (XX) ( ) NOT REQUIRED ()NONE ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( ) OTHER The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Commission Staff Report WV-98-4 / Anderson 1. REQUEST Page 2 This is a request for approval of a right-of-way (R.O.W.) vacation for an unused portion of Marshall Street running between Interstate 70 (south) and West 48th Avenue (north). The property is approximately 40' wide (east to west) and 320' long (north to south). It is currently undeveloped. H. CASE HISTORY This case was originally heard before Planning Commission on . It was approved by Planning Commission and forwarded to City Council. City Council denied the request based on the idea that the right-of-way could be used for future development and may be needed to access the developments that are created. The original request was to vacate the property to allow for the then three existing billboards to remain in place, while the property owners leased the land. Since the original request, the billboards have been removed, and the r.o.w. property remains vacant. One billboard now remains on the property adjacent to the r.o.w. (east). The applicant is requesting the vacation of r.o.w. so they can "maintain, grade and groom the land. They believe that the unused and disregarded strip of land is becoming an eye-sore and every summer it grows high with weeds. It is staff's opinion that the right-of-way will most likely not be developed. This r.o.w. strip is an unused remnant of Marshall Street that was bisected during the creation of Interstate 70. There has never been any improvements on this portion of r.o.w., nor are there any plans for any future use. The remnant r.o.w. is located on top of a sloped berm. To the west, the property slopes suddenly and continues to slope until it reaches the Disabled American Veterans (D.A.V.) parking lot. Any future development of the property or the r.o.w. would require sufficient grading and retaining of soil to allow for proper development. Therefore, future development of the r.o.w. is unlikely. HL COMPREHENSIVE PLAN The Comprehensive Plan currently does not show this portion of Marshall Street on the master plan, as a street because this is undeveloped right-of-way. The existing parcel is located within the Commercial Activity Center land use designation. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property that will not comply with the existing land use designation. IV. CRITERIA Before a street R.O.W. vacation is approved, the applicant shall show and the Planning Commission shall make the following determination: Planning Commission Staff Report V VV-98-4 / Anderson Page 3 1. That the proposed vacation will not leave any adjoining land without an established public road connecting said land with another established public road. If approved, the proposed vacation will not leave the adjoining land without an established public road as this R.O.W. is not developed and has never had public improvements. No property would be land locked if the property is vacated. 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the city's future Master Plan and should be omitted as a designated public R.O.W. from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the R.O.W. in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and / or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a larger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. V. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the property should be designated as a utility easement for the existing Public Service power poles (see attached). VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that because this portion of public R.O.W. has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles, the proposed vacation should be approved as requested. Planning Commission Staff Report WV-97-2 / Anderson VII, RECOMMENDED MOTIONS Page 4 OPTION A: "I move that case no. WV-98-4, an application for approval of a Right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be APPROVED for the following reasons: 1. The property is and has always been an unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. Therequest will nothinderthe future improvements established onthe WheatRidge Comprehensive Plan, 4. Staff recommends approval." OPTION B: "I move that case no. WV-98-4, an application for approval of a Right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be DENIED for the following reasons: 1. 2. 3." 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 September 11, 1998 Dear Property Owner: The City of ~~OFWHEq)- GVVheat ,m GRidge C°c O R NOo This is to inform you that Case No. WV-98-04 which is a request for approval of a vacation of the unused portion of Marshall Street running between I-70 South and West 48`h Avenue (north). The area measures 40' wide by approximately 320' long will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on October 1, 1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this 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:\B arb ara\PC RPTS\P LAN GCOM\PU BHRG\wv9804cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a d d D .L C L O C N N p ~ O ~ D O L K a N Q > c u d ~ a K _ m ` c o Z m 2: NI d ~ ~ C 7 V :O d a y p d j O w N m O N N c rq N " - m . 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A ro > N ~i QI W O z N ~ U W FO b d T p ro :a N V 0 z 0 F NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on October 1, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.- All interested citizens are invited to speak at the Public Hearing or submit written comments.. The following petitions shall be heard: Case No. WV-98-04: An application by Russ and Jan Anderson for approval of a street vacation to allow for maintenance of the area. Said property is zoned A-1 and C-I and located on an unused portion of Marshall Street running between I-70 South and West .48`h Avenue (north). The area measures 40' wide by approximately' 20' long and is legally described as: A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6`h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (a.k.a. Course No. 3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 foot strip contains 13, 170 square feet (.302 acres), more or less. 2. Case No. MS-98-05: An application filed by L.B. Euser for a minor subdivision with setback and lot coverage variances to create two lots. Said property is zoned R-2 and located at 6745 W. 32"d Avenue and legally described as follows: The following portion of Pierce Street Subdivision, Jefferson County, City of Wheat Ridge, Colorado: Lot 6, Block 4, except the North 35 feet of the West % of said Lot 6, said 35 foot tract extending continuously along the line common to Lots 6 and 7; and except the south 120 feet of the East 80 feet of said Lot 6, Block 4, which shall remain the property of the grantors. Barbara Delgadillo, Recording Secretary ATTEST:.. Wanda Sang' City k To be Published: Wheat Ridge Transcript Date: September 11, 1998 A A I O- I meetin.-pubs.wpd To: Planning and Development Department From: Jon T. Bradley, Attorney for Russ and Jan Ande on Date: August 17, 1998 RE: Letter of request indicating full intent and purpose of use for land which is sought for approval of a right-of-way vacation. The land which is sought to be vacated is an unused portion of Marshall Street running between Interstate 70 (south) and West 4e Avenue (north). It measures 40' wide by approximately 320' long. Currently this land is positioned between two portions of land which are owned by the Disabled Veterans of America and by Jan and Russ Anderson. The full intent and purpose of the above land described above is as follows: To maintain, grade, groom and care for the land. 2. To prevent garbage or any offensive matter. 3. To protect the health, safety, and welfare of the community by preventing such garbage. 4. To suppress disease by preventing such garbage. 5. To provide for and compel the removal of excessive weeds and brush. 6. To maintain the land to prevent situations which can alter the value of the surrounding property. Accordingly we ask that this portion of Marshall Street be vacated. We ask that the east half of the property measuring 20' x 320' be vested to the applicant and the west half of the property be vested to the owner to the west. Our request does not intend to interfere with the entire property being reserved as a utility easement. CONSULTING SELLARDS & GRIGG, INC. E N G I N E E R S 143 Union Boulevard, Suite 700 Phone: (303) 986-1444 Lakewood, Colorado 80228 Fax: (303) 986.0994 Sheet I of 2 MARSHALL STREET VACATION (REVISED OCTOBER 22, 1997) A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (aka Course No. -3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 foot strip contains 13,170 square feet (0.302 acres), more or less. _ All instruments as recited above are of Jefferson County Records. Exhibit A as attached hereto is made a part hereof. The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 143 Union Boulevard, Suite 700, Lakewood, CO 80228, on October 22, 1997 under S&G No. 97389-21 for Myers, Bradley & Devitt, PC and is not to be construed as representing a monumented land survey. 00 REG/sp F s. LA,k, 32 2 Mr. Jcjhn S. Lambert, PLS 13212 97389/21rsl/marshall.rev f, m rn N d_ rn yU xl•'x l U 22 O~ a O N ~ PEIZSONAI. REPIZF,SENTATIVF'S I)EEI) (TESTATE: ESTATE) , ; a,. 711; 4.e4 THIS OE: E1) is made byAdelina Biros _ ae Personal Represen L•rti ve of the Estate of Teadora_Di Giacomo _a/k/a Teadora Di GiaC011Rs1 unmarried pe rson)••,d eceu sell, Gra n tor, to e11-E_. Ander' nand' Ja41Se;. Ander591'antee whose addre:ps is!1/AFWAa/, / WR1}UAAA/ 279'13 Valley High Rd. **a/k/? nnra Di Giarmmn Morrison, CO 80465 WHEREAS, the atxlve-named decedent in his lifetime mnde and executed hie Last Will and Testament dated _ January 17 lq.80 _ ,which Will v.ns duly admitted to o ft**4)(informall probate on October 24 19S$ the _ Di stn ct - . Court in and for the -County of _ Jefferson __.;md State of Colorado, I'mbate :,.u. 88PR801 _ . , OWNER , ';,,Qg~n(or was duly appointed Personal Representative of said Estate nn 19-_ and is now qualified Imd netink it, sold capncity. NOW, THEREFORE, pursuant to the Imwers conferred '..Ix)n G1 into, by the Colorado Probate Code. Grantor dues hereby sell, con •eV. tAI n, t. ms ~n I t racer unto Grantee tin joint tenancy) '(for and in consideration of l~ne F♦ Reel yen fl ousanT D„ Pars)* *(A., the perw.•n entitled to distri'oution of the property under the above captioned W'ilh• the following described ,gtateofColorado: real property sit ua to in the -Coon ty n(___J__eff-_ers--on_ Lots -1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,25,26,27,28,29,30,31,32, and 33, Block 11, BERKELEY HEIGHTS, SECOND F'.LiNG, 3r,ception those portions of said lots 13,14,15, and 16 conveyed by the parry of the first part on October 1, 1942 by Warranty Deed recorded on October 5, 1942 to Albert H. Blakeslee and Maude M. Blakeslee, and except those portions conveyed in Deeds recorded November 4, 1953 in book 830 at page 257 and on July 26, 1965 in Book 1810 at by N_ xr ggyye r n c n V ' u 1 ing rri tit it SLaLe H'?r~[T' N0durt hna,ce°. now anpd'clearo liens and enc12•uri hi ~es.ex ept: covenants, easements and restrictions of record, and subject to general proper'.y taxes for the year 1990 and subsequent years. * Together with the vacated alley adjoining said lots. 7acated Decemberl0, 1y52 in book 786 at oage 396. .t This deed is beinq re-recorded to correct the Ienal descriotion. contained in deed recorded November 11, 1991 at receptinn no. 9110r175h'.. Ax used heroin. the singular iucludee the pllu al and the mnsa ulme g.•nder the feminine and neuter genders as the context may require. 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(t¢[aaursmro mw IS 7TYHSEM aSU rid X02IddV x np~~-i :a1a ag Q U Z M m Q a o n lC m ~ U o G m p m I tr 0. a W> (V o aaU G A W r ~ W m W T T .F ~ U' P m V' v P Q O Q w a $ Q Z w a FP y W o o , p ] IL zv=o 4w3mm z 4 z F m m ~O 2Z 3 h~ W ~3 2 m 0 mz .o mF W p h J 0 0 4 °n e z C °z 0 off J o~ 4= m 1W p m WnK 00 Ci ~Nh ~ N n m N~ 3 m Z m U ~20 i2J N ~ O n Iw 2 I~ J I~ h V._-,. 61,OL-ZZ.V (L Of) L0009 OGVHO-100 'VOVAaV 'ZL )IMH 00M "2fOCl3n2ins QuLf'J 7k`hiO1.3S'~iO"tSd S(1WSF! •d Hd~SOf E EXHIBIT A - SHEET 2 OF 2 lp 110 ~ ~ "i? 1" =50' 20' 40' - EAST LINE OF BLOCK 10 - r ~ \ \ WEST LINE OF BLOCK 11 BERKELEY HEIGHTS SECOND FILING BOOK 2, PAGE 2 BOOK 1810, PAGE 256 aF WHEq q LAND USE CASE PROCESSING APPLICATION aF WHEArq. o ~ o Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone 2U 233-2846 °otoeno° (Please print or type all information) Applicant Russ &Jan Anderson Address6465 W. 48th Ave. Phone 424-0424 City Wheat Ridge, CO 80033 Owner Rttss & Jan Anderson Address64tiS w_ 4gth Avg Phone 424-0424 City Wheat Ridge CO 80033 Location of request (address) 6465 W. 48th Ave 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) Fx ] Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: Requested sQ at p roperty may be cared for and Maintained. Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): 1 2 17 Current use: Vacant Public ri ht-of-wa Proposed use:To maintain the land Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the.knowledge and consent of those persons listed above, without whose consent th -renuested action cannot lawfully be accomplished. Applicants other than owners must submit power- .attorn fr hh approved of this action on his behalf. 5 Signature of Applica n Bradley, A r e `uRscfibed and s 19 e ay of 4 9 i 7 l A ? of Public ' "mmission expires 0 01 11-ml 191 1911 'Willm- Date received Receipt No. b q Case No. 44J V_'JI - d - Related Case No. Zoning A_ °t C-" ~ Quarter Section Mapsk c2_