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HomeMy WebLinkAboutWV-99-03CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building February 14. 2000 The Regular City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Manager, Valerie Adams; City Attorney, Gerald Dahl; Director of Planning, Alan White; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES OF January 24, 2000 Motion by Mr. DiTullio for the approval of the Minutes of January 24, 2000; seconded by Mr. Siler; carried 8-0. Mayor Cerveny recognized Kristin Minshall, who was second runner up in a national contest for the "Color Me Oreo" advertising campaign. CITIZENS' RIGHT TO SPEAK Ron Gehauf, 2890 Newland Street, reported on the successful fund raiser benefitting art for the new Recreation Center, that was held on Sunday. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for a nine-lot preliminary and final subdivision with a site plan at 11661 West 44th Avenue and 11680 West 46" Avenue. (Case No. WS-99-01) (Turgeon, et. al.) (Continued from January 24, 2000) Mayor Cerveny reconvened the public hearing from January 24, 2000. City Attorney Dahl presented the research that had been requested at that time. CITY COUNCIL MINUTES: February 14, 2000 Page - 2 - Richard Rodriguez, attorney for the applicants, feels that what they have presented to Council based on the current state of development of those five parcels is consistent with what Council was considering back in 1981. The proposed subdivision meets all of the zoning and subdivision requirements; City Council should follow the recommendations of Planning Commission and staff and approve this project. Motion by Mr. DiTullio to deny Case No. WS-99-01, an application for a nine lot combined preliminary and final subdivision plat for property located at 11661 West 4411 Avenue and 11680 West 46t1 Avenue for the following reasons: 1. The condition imposed by Ordinance 443 (March 9, 1981) requiring "unified design illustrating external and internal circulation and access points onto public or private roadways, and which illustrates building envelopes" has not been met. 2. The application contains appropriate detail only with respect to the northern one half of the subject property and is wholly lacking in such detail for the southern one half. 3. No unified plan for traffic circulation to, from and within the entirety of the subject property is presented. I further move to direct the City Attorney to prepare written findings and decision memorializing this action for consideration by Council on the February 28, 2000 Council meeting; seconded by Mr. Edwards; carried 6-2 with Mr. Mancinelli and Mr. Hanley voting no. Motion by Mr. DiTullio to deny the application for a site plan in conjunction with Case No. WS- 99-01 for property located at 11680 West 46t1 Avenue for the following reasons: 1. The condition imposed by Ordinance 443 (March 9, 1981) requiring "unified design illustrating external and internal circulation and access points onto public or private roadways, and which illustrates building envelopes" has not been met. 2. The application contains appropriate detail only with respect to the northern one half of the subject property and is wholly lacking in such detail for the southern one half. 3. No unified plan for traffic circulation to, from and within the entirety of the subject property is presented. I further move to direct the City Attorney to prepare written findings and decision memorializing this action for consideration by Council on the February 28, 2000 Council meeting; seconded by Mr. Edwards; carried 6-2 with Mr. Mancinelli and Mr. Hanley voting no. Item 2. Council Bill 17 - an Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-03) (Jim Turgeon, et. al.) (Continued from January 24, 2000) Mayor Cerveny reconvened the hearing from January 24, 2000. Richard Rodriguez, attorney for the applicant, withdrew Agenda Item 2, due to the Council's decision on Item 1. CITY COUNCIL MINUTES: February 14, 2000 Page - 3 - Kim Stewart was sworn in by the Mayor; appreciates the Council's consideration and declined to comment since the applicant has withdrawn. Motion by Mr. DiTullio to postpone Council Bill 17 indefinitely; seconded by Mr. Siler; carried 8-0. Item 3. Council Bill 02-2000 - An Ordinance providing for the approval of a rezoning from Residential-One to Residential-Two for property located at 3601 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-99-13) (Ryan and Maureen Carey) Item 3 was introduced by Mrs. Shaver; title and summary read by the Clerk; Ordinance No. 1182 assigned. Applicant, Ryan Carey, was sworn in by the Mayor; he stated that the reason he is seeking this rezoning is to convert the existing building to a duplex. The only changes they are planning to make are landscaping and change the access; they want to close off the south half of the existing drive and install a new driveway which accesses 35m Avenue; they don't intend to increase the size of the dwelling and the interior is already set up like a duplex. He requested that the two conditions required by the Planning Commission not be added to the approval. This change of use would be of long term benefit to the applicant, the neighbors, and the City. Alan White, Planning Director, was sworn in by the Mayor and presented the staff report. It is our policy and the Department of Transportation's policy to decrease the access points to Kipling whenever possible. He agreed with the applicant that the moving of the driveway would be a hardship for the applicant and be of no benefit to the City. He confirmed that the driveway is paved with asphalt, it is not gravel. Motion by Ms. Figlus that Council Bill 2-2000 (Ordinance 1182) (Case No. WZ-99-13), be approved for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35th Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35th Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval. With the following condition: There will be no more than two access points on the property, preferably one on Kipling Street and one on West 35th Avenue; seconded by Mr. DiTullio. Mrs. Shaver cannot support this because there are several criteria that have not been met; she sees no benefit to the community; there will be more traffic; property could continue to be used as a single family residence. There is a need for single family rentals, we have gobs of duplexes. AGENDA ITEM RECAP QUASI-JUDICIAL X - Yes No X_ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS -ORDINANCES FOR 1 ST READING BIDS/MOTIONS _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT - RESOLUTIONS AGENDA ITEM TITLE: VW-99-03: Turgeon, et.al. SUMMARY/RECOMMENDATION: Application for an ordinance approving a vacation of an unused portion of public right-of-way adjacent to 4455 Simms Street. Continued from January 24, 2000. ATTACHMENTS : 1) Staff Report 2) Council Bill No. 17 3) List of Attachments BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTIONS: Option A: "I move to approve Council Bill No. 17, Case No. WV-99-03, an application for a right-of-way vacation adjacent to 4455 Simms Street for the following reasons: 1. There could be negative impacts on West 44`h Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be re-addressed to West 44' Avenue." Option B: "I move to deny Council Bill No. 17, Case No. WV-99-03, an application for a right-of-way vacation adjacent to 4455 Simms Street for the following reasons: 1. Vacation of the right-of-way eliminates one option of establishing a street at this location in the future. 2. The vacation would eliminate access to a public right-of-way from the adjoining property." Option C: "I move to refer to the Planning Commission for further study, Council Bill No. 17, Case No. WV-99-03, an application for a right-of-way vacation adjacent to 4455 Simms Street. This vacation should be considered in conjunction with the reconsideration of Case No. WS-99-01." C:\Barbara\CCRPTS\w 9903cover3.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: January 27, 2000 DATE PREPARED: January 17, 2000 CASE NO. & NAME: WV-99-03/Turgeon, et.al. CASE MANAGER: M. Reckert ACTION REQUESTED: LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): Right-of-way vacation Adjacent to 4455 Simms Street Jim Turgeon, et.al 2110 Rockcress Way Golden, CO 80401 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER City of Wheat Ridge 165.96' x 25'(4,149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-I N: Vacant; S, W: Single-Family; W: Agricultural Single-Family (not to exceed 4 du's/acre) November 26, 1999 January 10, 2000 January 4, 2000 (X) CASE FILE & PACKET MATERIALS 0 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 The applicants are requesting approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. Please refer to the subdivision plat for Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvements will be made. No changes to the existing curb cut on 44ffi Avenue are proposed. IL AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Because not all agencies have responded, there may be utility service lines within this right-of-way. A motion for approval should include a condition to reserve a utility easement. III. EVALUATION CRITERIA Section 26-6 (I) requires that Council make the following determinations in considering requests to vacation right-of-way: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. 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. 3. That the proposed vacation 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. IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on June 17, 1999. A recommendation of approval was given for the following reasons: 1. There could be negative impacts on West 40 Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be re-addressed to West 44th Avenue. WV-99-03/Turgeon Page 2 City Council Two study sessions by the Planning Commission were held in November to discuss traffic circulation in this area. The consensus of the Planning Commission was that the cul-de-sac proposed for the Turgeon subdivision not be extended south to connect with West 44`h Avenue. C:\Barban\CCRPTS\.9903.wpd WV-99-03/Turgeon Page 3 City Council LIST OF ATTACHMENTS Location Map. Letter from Property Owner. 3. Planning Commission Minutes of June 17, 1999, Hearing. 4. Planning Commission Staff Report for June 17, 1999, Hearing. ATTACHMENT 3 = i VlctN~ MAP 1s'7 6os~sos~IOS~ 101711 0071 IZtrII 011 lobll I U Q < oz~i !o ! 0911 cv `C) O ~ O ° ~i O~b I I . U') u I LS I I ~6- 19511 I t,911 06911 O 08911 III I991I j -7r III 6L91 I ab O 1 L91 I 1991 1 O « « « j ZZLI I _ II } 3 p _ ! 691 I _CO 1 « 1 09-b 6~St' 65i~t~ 99 90911 - 10911 ATACHMEN 1 _ e9~iv~ 1 ~ ~ J September 17. 1999 City Council city of Whearridge 7500 West 29th avenue Vheat Ridge, CO 80215 WI LLiAMs 1- 14-99 RE: Turgeon Subdivision/vacation Applications Dear Council Members: I will be unable to attend the City Council's public hearing regarding the above applications. However, I am familiar with the subdivision that will be presented to the council and would like to express my support of the applications. I have owned the property directly south and east of the Turgeon property for approximately 18 years. The property is directly east of the Fightmaster property. My grandfather was born on this property and it has been in my family for 120 years. I use the property for a roping arena and other agricultural purposes and have no intention of further developing the property. I believe the Turgeon subdivision as proposed will have no negative effects on the area. I would oppose any proposal that considers the construction of a road or street on or near the western boundary of my property or a connection of 46th aed 44rh Avenues. I feel any such proposal is unneces- sary, is likely to increase traffic in the area, and is not in the beat interests of the residents of this community. I would ask that the Council vote in favor of the Turgeon applications as presented. ineerely, Doug illiams 11581 W. 44th Ave. Wheat Ridge. GO 80033 ATTACHMENT 2 ReAA1A11,A16- CoMkf/arS-/0A/ M/N61r-67 6 "1-7 "99 It is ccnsistent with the original zoning condition. All minimum requirements of the R-3 zone district regulations have been met. With the following conditions: I. That the mature trees at the southwest comer of the property be evaluated b% the cite forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. 3. That a letter from the ditch company be required. 4. That this case be published as a preliminary and final plat for the city council hearing. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to reconsider the motion for approval of the subdivision on case No. WS 99-01 to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL to add condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the motion for approval of the site plan for Case No. WS 99-01 be reconsidered to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the site plan be approved for all the prior reasons and with all prior conditions with the addition of condition no. 5 which would require that no development or redevelopment shall occur on Loin 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. B. Case No. WV-99-03: An application submitted by Jim Turgeon, et al, for approval of a right- of-way vacation for an unused portion of the street right-of-way adjacent to 4455 Simms Street. This case was presented by Meredith Reckert. She 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that staff would recommend that an easement be reserved over the area being vacated. Staff concluded there could be negative effects on 44th Planning Commission Page 6 June 17, 1999 ATTACHMENT 3 Avenue if Simms Street is extended. Since this extension is not needed for local circulation and all criteria used to evaluate the request have been met, staff recommended approval. In response to a question from Commissioner COLLINS. Ms. Reckert replied the vacated right- of-way would revert to Mr. Fightmaster. Commissioner COLLINS felt that it was confusing to have Mr. Turgeon apply for a street vacation on Mr. Fightmaster's property and he would. therefore, vote against the application. Richard Rodriguez returned to the podium. In reference to Commissioner COLLINS' concerns, he stated that all of the property owners involved in the subdivision have signed the application which is standard protocol in right-of-way vacations. Commissioner MACDOUGALL asked if there is right-of-way on the east side of the subject right-of-way. Ms. Reckert replied that it is a freestanding piece of right-of-way which does not adjoin any other right-of-way. It was moved by Commissioner DOYLE and seconded by Commissioner MACDOUGALL that Case No. WV-999-03, a request for approval of right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for approval for the following reasons: 1. There could be negative effects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. Z. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44th Avenue. The motion passed by a vote of 5 to 2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW stated that she voted against the motion because she would prefer the right-of-way to stay in city ownership until the rest of the land in this area is developed. 8. OLD BUSINESS A. COMP PLAN Meeting Commissioner SNOW moved and Commissioner THOMPSON seconded that the Planning Commission continue the discussion of the Comprehensive Plan following the public hearing on July 1, 1999. The motion passed by a vote of 5-2 with Commissioner COLLINS voting no and Commissioner GOKEY abstaining. Planning Commission Page 7 June 17, 1999 /Q,A/✓/VLA& C O M M + s $ / d n/ B iyG~ /L~ptJ7 Lam" 6-i7-qy TO: Planning Commission DATE OF MEETING: June 17, 1999 CASE NO. & NAME: WV-99-03lfurgeon, et al ACTION REQUESTED: Right-of-way vacation LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: 6URROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: - - - - - DATE PREPARED: June 8. 1999 v CASE MANAGER: M. Reckert Adjacent to 4455 Simms Street Jim Tutgeon 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge 165.96' z 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-I N: Vacant; S, W: Single Family W: Agricultural Single Family (not to exceed 5 du's/acre) DATE PUBLISHED: May 28, 1999 DATE POSTED: June 3, 1999 DATED LEGAL NOTICES SENT: May 26,1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 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. ATTACHMENT4 I. REQUEST The applicants request approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvement will be required. ' II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area, therefore is recommending reservation of a utility easement. Public Works does not want to see a public street connection with W. 44" Avenue at this location and supports the vacation. M. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without access to an established public road., The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. At one point man., years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32nd Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of--way will not be inconsistent with the Comprehensive Plan. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The Department of Public Works has recommended against a street connection between W. 44" Avenue and West 46th Avenue at this location. According to the memo from the Traffic Engineer, potential safety and operational problems could result on 44th Avenue if Simms Street is extended. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utility easement be reserved over the vacated right-of-way. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44' Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. WV-99-03 with the following conditions: I . The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 4. The adjacent property be readdressed to W. 44`s Avenue. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for APPROVAL for the following reasons: 1. There could be negative affects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue." Option B: "I move that Case No., WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." AGENDA ITEM RECAP AGENDA ITEM Januarv 2_, 21~CC QUASIJUDICIAL X _ Yes No X PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS ORDINANCES FOR 1 ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WV-99-03: Turgeon, et.al. SUMMARY/RECOMMENDATION: Council Bill No. 17 - A Bill for an ordinance approving a vacation of an unused portion of public right-of-way adjacent to 4455 Simms Street ATTACHMENTS: 1) Staff Report 2) Council Bill 17 3) List of Attachments BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTIONS: Option A: "I move that Council Bill No. 17, Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street be APPROVED for the following reasons: 1. There could be negative impacts on West 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be re-addressed to West 44`h Avenue." Option B: "I move that Council Bill No. 17, Case No. WV-99-03, a request for a right-of-way vacation adjacent to 4455 Simms Street be DENIED for the following reasons: 1. 2. 3." C:\Barbara\CCRPTS\wv9903cover2. wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT FO: City Council DATE OF MEETING: January 27, 2000 DATE PREPARED: January 17, 2000 CASE NO. & NAME: WV-99-03/Turgeon, et.al. CASE MANAGER: M. Reckert ACTION REQUESTED: LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): Right-of-way vacation Adjacent to 4455 Simms Street Jim Turgeon, et.al 2110 Rockcress Way Golden, CO 80401 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: City of Wheat Ridge - - - 165.96' x 25' (4,149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single-Family; W: Agricultural Single-Family (not to exceed 4 du's/acre) November 26, 1999 January 10, 2000 January 4, 2000 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES O SUBDIVISION REGULATIONS (X) EXHIBITS Q 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. I. REQUEST The applicants are requesting approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. Please refer to the subdivision plat for Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvements will be made. No changes to the existing curb cut on 44`h Avenue are proposed. II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Because not all agencies have responded, there may be utility service lines within this right-of-way. A motion for approval should include a condition to reserve a utility easement. III. EVALUATION CRITERIA Section 26-6 (I) requires that Council make the following determinations in considering requests to vacation right-of-way: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. 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. 3. That the proposed vacation 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.. IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on June 17, 1999. A recommendation of approval was given for the following reasons: 1. There could be negative impacts on West 44`h Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: The corresponding plat reflects a cross access/ingress-egress easement at this location. A utility easement be reserved over the width being vacated. The adjacent property be re-addressed to West 44`h Avenue. VW-99-03/Turgeon City Council Two study sessions by the Planning Commission were held in November to discuss traffic circulation in this area. The consensus of the Planning Commission was that the cul-de-sac proposed for the Tureeon subdivision not be extended south to connect with West 44ih Avenue. C:`barbam CCRPTS~w%9903."d WV-99-03/Turgeon City Council INTRODUCED BY COUNCIL MEMBER DALBEC Council Bill No. 17 Ordinance No. Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF SIMMS STREET (ADJACENT TO 4455 SIMMS STREET) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV- 99-03) WHEREAS, right-of-way was previously dedicated for the extension of Simms Street (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 Simms 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 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. Section 2. Conditions. 1. The corresponding plat reflect a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44" Avenue. 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 ox competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of July , 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 August 9, 1999 , at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.postponed to 9/27/99; Not heard on 9/27/99; Continued to January 24, 2000. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of . 12000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY IstPublication: July 16, 1999 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Bubmr CCRPrS\RESO-ORD~WV99023wpd.wpd Ordinance No. Page 2 LIST OF ATTACHMENTS Location Map. 2. Letter from Property Owner. Planning Commission Minutes of June 17, 1999, Hearing. 4. Planning Commission Staff Report for June 17, 1999, Hearing. ATTACHMENT 3 L I77 Ibv_~~05~I ~ OS~) 107 1 I G0~ 1 IZ~II off J II ~ 'Q ~ OZbI O~ 3 moo, o"t, IC BB" I t•91 I I I OB91 I III all 0 39 O O " u 3 O )9 r VIc11%11 7`7 MA 1~ k 1011 I I ~ I < IOSII Ply I LSI I „/1 I BS I I 1991 I 0 6L91 I I L91 II I B91 I " " ~ ~ ZZLII _ 1691 I w ~OEt'tr 01 tits ~9-~ IOBII BOBII I~ AT TAC HM E X11 a9'lv~s i ~,v / L L1,4,A-1 S . J . 9- /~-99 September 17, 1999 City Council City of Wheatridge 7500 Weat 29th avenue Wheat Ridge, co 60215 RE: Turgeon Subdivision/Vacation Applications Dear Council Members: T TaF~ I rill be unable to attend the City Council's public hearing regarding the above applications. However, I am familiar with the subdivision that will be presented to the council and would like to express my support of the applications. I have owned the property directly south and east of the Turgeon property for approximately 18 years. The property is directly east of the Fightmaster property. My grandfather was born on this property and it has been in my family for 120 years. I use the property for a roping arena and other agricultural purposes and have no intention of further developing the property. 1 believe the Turgeoa subdivision as proposed will have no negative effects on the area. I would oppose any proposal that considers the construction of a road or street on or near the western boundary of my property or a connection of 46th and 44th Avenues. I feel any such proposal is unneces- sary, is likely to increase traffic in the area, and is not in the best interests of the residents of this community. I would ask that the Council vote in favor of the Turgeon applications as presented. ine-rely, Doug i111ams 11581.W. 44th Ave. Wheat Ridge, CO 80033 ATTACHMENT 2 6AA_1/JGA.1C- CO14"I SSio N MIAJ617 C 6-/3-99 1. It is ccnsistent with the original zoning condition. 2. All minimum requirements of the R-3 zone district regulations have been met. With the following conditions: 1. That the mature trees at the southwest corner of the property be evaluated b% the cit forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. 3. That a letter from the ditch company be required. 4. That this case be published as a preliminary and final plat for the city council hearing. The motion passed by a vote of 7-0 It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to reconsider the motion for approval of the subdivision on case No. WS 99-01 to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL to add condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the motion for approval of the site plan for Case No. WS 99-01 be reconsidered to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the site plan be approved for all the prior reasons and with all prior conditions with the addition of condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. B. Case No. WV-99_03; An application submitted by Jim Turgeon, et al, for approval of a right- of-way vacation for a n unused portion of the street right-of-way adjacent to 4455 Simms Street. This case was presented by Meredith Reckert. She 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that staff would recommend that an easement be reserved over the area being vacated. Staff concluded there could be negative effects on 44th `fanning Commission .ne 17, 1999 Page Q ATTACHFA ENT 3 Avenue if Simms Street is extended. Since this extension is not needed for local circulation, and all criteria used to evaluate the request have been met, staff recommended apprcval. In response to a question from Commissioner COLLINS. Ms. Recker replied the vacated richt- of-way would revert to Mr. Fightmaster. Commissioner COLLINS felt that it was confiuin_c to have Mr. Turgeon apply for a street vacation on Mr. Fightmaster's propem and he would. therefore, vote against the application. Richard Rodriguez returned to the podium. In reference to Commissioner COLLINS' concerns, he stated that all of the property owners involved in the subdivision have signed the application which is standard protocol in right-of-way vacations. Commissioner MACDOUGALL asked if there is right-of-way on the east side of the subject right-of-way. Ms. Recker replied that it is a freestanding piece of right-of-way which does not adjoin any other right-of-way. It was moved by Commissioner DOYLE and seconded by Commissioner MACDOUGALL that Case No. WV-999-03, a request for approval of right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for approval for the following reasons: 1. There could be negative effects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44th Avenue. The motion passed by a vote of 5 to 2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW stated that she voted against the motion because she would prefer the right-of-way to stay in city ownership until the rest of the land in this area is developed. 8. OLD BUSINESS A. COMP PLAN Meetino Commissioner SNOW moved and Commissioner THOMPSON seconded that the Planning Commission continue the discussion of the Comprehensive Plan following the public hearing on July 1, 1999. The motion passed by a vote of 5-2 with Commissioner COLLINS voting no and Commissioner GOKEY abstaining. Planning Commission Page 7 June 17. 1999 i~ut NNCN~ GO M M + S S i O FS Tfy-p~ /LV"ru 6-is-99 TO: Planning Commission DA... OF 1IEETLNG: June 17, 1999 CASE NO. & NAME: WV-99-03/Turgeon, et al 4CTION REQUESTED: Right-or-way vacation ,OCATION OF REQUEST: 4AME & ADDRESS OF APPLICANT(S): 1AME & ADDRESS OF OWNER(S): DATE PREPARED: June 8. 1999 V CASE MANAGER: M. Reckert Adjacent to 4455 Simms Street Jim Tutgeon 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge LPPROXIMATE AREA: 'RESENT ZONING: 'RESENT LAND USE: URROUNDING ZONING: L JUNDING LAND USE: 'OMPREHENSIVE PLAN FOR THE AREA: 165.96' x 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single Family W: Agricultural Single Family (not to exceed 5 du's/acre) ATE PUBLISHED: May 28, 1999 ~ ATE POSTED; June 3, 1999 ATED LEGAL NOTICES SENT: May 26, 1999 TER INTO RECORD: COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS ZONING ORDINANCE Q SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS OTHER JRISDICTION: ie property is within the City of Wheat Ridge, and all notification and posting requirements have been met, :refore, there is jurisdiction to hear this case. ATTACHMENT4 I. REQUEST The applicants request approval of a rieht-of-way vacation for a portion of Simms Street T:';i application is being processed in conjunction with Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already, shown on plat document). Because a driveway is already in place. no ph)-sical improvement will be required._ . II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area, therefore is recommending reservation of a utility easement. Public. Works does not want to see a public street connection with W. 44" Avenue at this location and supports the vacation. III. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations; That the proposed vacation will not leave any adjoining land without access to an established public road., The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. At one point many years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32nd Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of-way will not be inconsistent with the Comprehensive plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. 'he Department of Public Works has recommended against a street connection between W. 44" avenue and West 46" Avenue at this location. According to the memo from the Traffic Engineer, otential safety and operational problems could result on 44" Avenue if Simms Street is extended. 4• That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utilirv easement be reserved over the vacated right-of-way. ,I. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44" Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. WV-99-03 with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 4. The adjacent property be readdressed to W. 40 Avenue. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for APPROVAL for the following reasons: 1. There could be negative affects on 44" Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44" Avenue." Option B: "I move that Case No., WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for DENIAL for the following reasons: 2. 3." 7500 WEST 29TH AVENUE F O. BOX 638 The City of WHEAT RIDGE. CO 8003,:-02-- x,303) 234 5900 cwheat City Admin. Fax ;r 234-5924 Police Deot. Fax : 235 2949 'Ridge POSTING CERTIFICATION S CASE NO. YZbl 99-~ 3 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: J - Zt/ oo (~p, 7:' DQ I, ~l D1~i~s n a m e residing at a d d r e s s as the applicant for Case No. 9 q'--p 3 , hereby certify that I have posted the Notice of Public Hearing at S (1 o c a t i o n) Z- z od-o on this day of and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: \ P NOTE: This form must be submitted at e public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. ------------1~ - IFT A -1 F-t y H"4bT AVE- /A~ PGCP32TI ~ .;7 11~~7V V`C R /~A.y\ Il.w 7~-o I <pc>postin rev. 05-19° ~ _ $ ~o .eta:±ii~iikii~'~'•.. --N - „ :Ris-- f.- -'t''-_=" W 44i PAR( PW Z I P¢°S I 1I I n I I C- t E] I SUBDIVISION MEMO AND CONTACT RECORD CONTACT NUMBER: 3 DATE RECEIVED: 11=3, 2000 DATE REVIEWED: 11=7, 2000 SUBDIVISION NAME: Fightmaster Subdivision ENGINEER: NAME: Lane Engineering ADDRESS: 9500 W. 14 t" Ave Lakewood Co. 80215 PHONE: (303) 233-4042 FAX: (303) 233-0796 CITY REPRESENTATIVE: JOHN MCGUIRE REMARKS 1: Last review was 5-5-1999 2: Indicate P O B graphically as referenced in legal. 3: Correct distance shown on west line of lot 1. 4: Show 25 foot easement on lot 1 as "hereby dedicated". 5 We made need a signature block for irrigation ditch company. 6: _ 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Steve Lister REMARKS: The above comments are as of the d. comments from other departments or these comments by phone or fax. PI new prints so that we may inform corrections that need to be made. to reviewed and may not reflect all review agencies. You may respond to ease contact us prior to submitting you if there are any additions or CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building December 20. 1999 The Regular City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Harry Hanley, Jerry DiTullio, Vance Edwards, Odarka Figlus, Ralph Mancinelli, Janelle Shaver, and Claudia Worth. Ken Siler was absent due to illness. Also present: Deputy City Clerk, Christa Jones; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police/Acting City Manager, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES OF December 13, 1999 Motion by Mr. DiTullio for approval of the Minutes of December 13, 1999 with corrections on Pages 5 and 6; seconded by Ms. Figlus; carried 7-0. CITIZENS' RIGHT TO SPEAK Anne Brinkman, 7420 West 34`h Avenue, asked if Council plans to keep the barn on the Wheat Ridge Recreation Center site and feels there should be a long range plan for the barn. (Mrs. Worth explained that Council had taken a motion to keep the building) PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 17 - an Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-03) (Case No. WS-99-01) (Jim Turgeon, et. al.) (To be continued to January 24, 2000) Item 1 was introduced by Mr. DiTullio, who also read the title. Motion by Mr. DiTullio that the second reading of Council Bill 17 be continued to Monday, January 24, 2000, and further move that the public hearing for Case No. WS-99-01 and Case No. WV-99-03 be continued to January 24, 2000, so that the drainage report can be finalized; seconded by Mr. Edwards; carried 7-0. CITY COUNCIL MINUTES: December 20, 1999 Page - 2 - Item 2. Resolution 74 - repealing and reenacting the City Budget, and appropriating sums of money to the various funds and spending agencies in the amounts specified below, for the City of Wheat Ridge, Coloradofor the 2000 Budget Year. Resolution 74 was introduced by Mr. DiTullio, who also read the title and summary. Thomas Slattery, 6869 West 32nd Avenue, representing Wheat Ridge United Neighborhoods, read a letter into the record, which asks for an on-going plan for the undergrounding of electric and communications wires. Motion by Mr. DiTullio for the adoption of Resolution 74; seconded by Mr. Mancinelli; carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. Withdrawal of the Appeal of Planning Commission decision to deny Case No. WZ-99-03(11808 West 44th Avenue). Motion by Mr. DiTullio to accept the applicant's request to withdraw the request for appeal of the Planning Commission decision to deny Case No. WZ-99-03; seconded by Mrs. Worth; - carried 7-0. Item 4. 41st Avenue, Wadsworth-Carr, Traffic Calming Concept Plan. Item 4 was introduced by Mr. Mancinelli, who read the title and summary. The following speakers asked for approval of the conceptual plan to control speeding traffic on 41s' Avenue between Wadsworth and Carr Streets: Harry Fleshman, 7980 West 41st Avenue; Katherine Campbell, 4105 Yarrow Court; Katie Field, 7790 West 4151 Avenue. Motion by Mr. Mancinelli that the conceptual plan to control speeding traffic on 41" Avenue (between Wadsworth and Carr Streets), as reviewed and voted on by neighborhood residents, be approved; seconded by Mr. Edwards; carried 7-0. City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Meredith Reckert, Senior Planner SUBJECT: Case Nos. WS-99-01 and WV-99-03 DATE: December 6, 1999 Staff is recommending a continuance of Case Nos. WS-99-01 and WV-99-03 (Turgeon, et al) because the drainage report has not been finalized. Staff recommends continuance of both cases until December 20, 1999. Suggested Motion: "I move that the public hearings for Case No. WS-99-01 and Council Bill No. 17 (relating to Case No. WV-99-03) be continued until December 20, 1999, so that the drainage report can be finalized." 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge FAX 303/235-2857 November 29, 1999 Dear Property Owner: This is to inform you that Case No. WS-99-01 a request for approval of a nine lot subdivision and site plan review for the purpose of constructing 16 town home type units for property located at 11680 W. 46th Avenue and 11661 W. 44`h Avenue and Case No. WV-99-03 a request for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street 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 December 13, 1999, at 7:00 p.m. All owners and/or their legal representative 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 person 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. 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Hansen Irrevocable/Phyllis 2650 Youngfield St 10 Teller St 10564 W. 106th Wy Lakewood, CO 80215 Lakewood, CO 80226 Broomfield, CO 80021 James & Lynn Tilton James Kotowski Robert Woodward 83 KihapaiSt 12617 W. 69th Ave 4733 Robb St Kailua, HI 96734 Arvada, CO 80004 Wheat Ridge, CO 80033 Ernest & Beneranda Suazo Donna Galloway Cheap Easy & Co, LLC 4614 Routt St 16427 W. Ist Ave 4197 W. 111th Cir Wheat Ridge, CO 80033 Golden, CO 80401 Westminster, CO 80030 Kathy & Rosa Hilfer Ronald & Sheila Bellio Marlene & Kenneth Rice 4660 Robb St 4665 Routt St 6818 Routt St Wheat Ridge, Co 80033 Wheat Ridge, CO 80033 Arvada, CO 80004 Richard & Lurline Freeman Mary Jane Harvey David R & Roseanne Beehler 4635 Robb St 4695 Robb St 233 Kimball Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Golden, CO 80401 Edmund Tyler Barbara Tobey 11808 W. 44th, LLC 4645 Broadway St 4630 Robb St 3224 Beech Ct Boulder, CO 80304 Wheat Ridge, CO 80033 Golden, CO 80401 Steven & Debra Jackson Ronald Home Gayle & Sonia Miller 11210 W. 66th PI 4535 Eldridge St 11480 W. 45th PI Arvada, CO 80004 Golden, CO 80403 Wheat Ridge, CO 80033 Alvin Horton Stephen Walker CD Invest 11441 W. 45th PI 4501 Robb St 11722 W. 44th ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 James Turgeon W.L. & K.L. Johnson Mary Beth Gulas 18216 W. 47th Ave 11600 W. 44th Ave 11400 W. 45th PI Golden, CO 80401 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 M AVERYO Address Labels Laser 5160 Smooth Feed Sheetsim Use template for 51600 Eileen E. Gunn John & Linda Petrukitas Alan L. Wiedmaier 11430 W. 45th PI 11460 W. 45th PI 11481 W. 45th PI Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Shannon Hasch David DiGiacomo Truman & Elsie Sieck 11421 W. 45th PI 4505 Robb St. 4601 Tabor St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Baptist Home Assoc of Colo, Inc Thomas & Cynthis Trembath Robert Bender 4700 Tabor St #1 4410 Tabor St 11410 W. 45th PI Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Gary & Mary Tuttle Gary Rust William & Nancy Nelson 11440 W. 45th PI 11470 W. 45th PI 11461 W. 45th PI Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Don & Linda Ray Matthew Seikkula Baptist Home Assoc of Colo 11401 W. 45th PI 4509 Robb St 5280 Vivian St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Arvada, CO 80002 James Blumenthal Tabor Street Properties, Ltd Coors Brewing Co 4651 Tabor St 711 Vallejo St 11362 W. 44th Ave Wheat Ridge, CO 80033 Denver, CO 80204 Wheat Ridge, CO 80033 Richard Minshall Skitzo Offshore, LLC Brenda Kathleen Williams 11650 W. 38th PI 4651 Tabor St P.O. Box 471 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Watkins, CO 80137 Jerrold & Lorraine Brown Joyce Williams Alice Hood 4430 Tabor St. 433 S. Kittredge St. #D 10090 W. 64th Ave. Wheat Ridge, CO 80033 Aurora, CO 80017 Arvada, Co 80004 Joan Rimbert Windsor Pet Care, Inc. Betty Day 4665 Swadley St. 440 State Rt. 17 3935 Chase St. Wheat Ridge, CO 80033 Hasbrouck Heights, NJ 07604 Denver, Co 80212 Charles & Sheila Newlon Jan Sylvester Zelma Fightmaster 4645 Swadley St. 4720 Robb St. 6340 W. 38th Ave., #1105 Wheat Ridge, Co 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 /Wp AVERYO Address Labels Laser 51600 Smooth Feed SheetsTM Use template for 51600 Gerald and Tami Williams Robert & Mary Gray\ C & D Investments 11460 W. 44th Ave. 17017 E. Davies Ave 11722 W. 44th Ave Wheat Ridge, CO 80033 Aurora, CO 80016 Wheat Ridge, CO 80033 Donald Shoemaker Heinz & Thea Silz Marcus Eddy 4500 Robb St 15745 US Highway 34 4600 Simms St Wheat Ridge, CO 80033 Fort Morgan, CO 80701 Wheat Ridge, CO 80033 Bimleshwar & Rajini Gupta Harold Macfarland Ellen Bonner 14373 W. Bayaud PI .4634 Routt St 4775 Simms St Golden, Co 80401 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Christine Kotowski Leann Canty Robert Koropp 12617 W. 69th Ave 4624 Simms St 4410 Tabor St Arvada, CO 80004 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 JR & Gayle Blumenthal Robert & Lorene Mattox John & Elizabeth Budd 5395 Easley Rd 4515 Robb St 1250 So. Parker Rd #201 Golden, CO 80403 Wheat Ridge, CO 80033 Denver, CO 80231 Richard Petty Glenn Dean & Brenda Jacobson Jeffrey Hohlgren 14295 W. 70th Dr 4664 Simms St 4604 Simms St Arvada, CO 80004 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Edgar & Sondra Gannon Terrance Railton Edmond Moreno 4611 Robb St 1291 No Ford St 4655 Swadley St Wheat Ridge, CO 80033 Golden, CO 80403 Wheat Ridge, CO 80033 Elsie Winters Gerald & Barbara Rogers Marilyn Hampton 4600 Robb St 6567 Everett St 4755 Simms St Wheat Ridge, CO 80033 Arvada, CO 80004 Wheat Ridge, CO 80033 Brandon & Tracy Staley Lynette Latham Wilma Land 4795 Simms St 210 Magnolia Trl 6340 W. 38th Ave #1107 Wheat Ridge, CO 80033 Lumberton, TX 77657 Wheat Ridge, CO 80033 Richard Tubbesing Peter & Valentina Kipiloff Alice Datema 7057 So Kmolls Wy 20 So. Garrison St 4645 Robb St Littleton, CO 80122 Lakewood, CO 80226 Wheat Ridge, CO 80033 O p AVERY@ Address Labels Laser 5160® I Smooth Feed SheetsTM Use template for 51600 Richard Carson C. Deorio Invest, LLC Meryle & Susan Junker 46 10 Tabor St. 11401 W. 44th Ave. 4615 Swadley St. Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 11808 W. 44th LLC Dale & Rita Bder Elda Keller 3224 Beech Ct. 4675 Swadley St. 4625 Swadley St. Golden, CO 80401 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Helen Gerlick Gary & Mary Bergamo Donna Nelson 4601 Robb St. 4621 Robb St. 11780 W. 46th Ave. Wheat Ridge, CO 80033 Wheat Ridge, Co 80033 Wheat Ridge, CO 80033 Douglas Williams Allan Smith B&B Hood & Co. 13394 Braun Rd. 4635 Swadley St. 14497 W. Bayaud Ave. Golden, CO 80401 Wheat Ridge, CO 80033 Golden, CO 80401 Jan. Bernhard Coster Darrell & Deborah Millage Marcia Oeste 4668 Swadley St. 8370 W. 81st Drive 4638 Swadley St. Wheat Ridge, CO 80033 Arvada, CO 80005 Wheat Ridge, CO 80033 //O AVERY@ Address Labels Laser 5169® NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on December 13, 1999, 7:00 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. WS-99-01: An application submitted by Jim Turgeon, et.al, for approval of a nine lot subdivision and site plan review for the purpose of constructing 16 town home type units on Lots 4, 5, 8 and 9. Said property is zoned R-3 and located at 11680 West 46t1 Avenue and 11661 West 4411 Avenue and legally described as follows: Being a portion of Lot 14, lee's Subdivision, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at the northwest comer of the east half of Lot 14, marked by a pin with an illegible cap; thence east along the north line of said Lot 14 a distance of 155.37 feet to a point from whence the northeast comer of said Lot 14, marked by a %2 inch galvanized pipe, is a distance of 175.64 feet; thence on an angle to the right of 90 degrees 18 minutes 05 seconds, a distance of 328.94 feet; thence on an angle to the right of 89 degrees 41 minutes 07 seconds, a distance of 155.49 feet to the intersection with the west line of the east half of Lot 14; thence on an angle to the right of 90 degrees 20 minutes 11 seconds and along said west line, a distance of 328.98 feet to the point of beginning. 2. Case No. WV-99-03: An application submitted by Jim Turgeon, et.al., for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street and legally described as follows: The East 25 feet of the North 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. a, .1C.6i " Barbara DelgadilM, Recording Secretary ATTEST: a,,LJ,L41f1= - Wanda Sang, City Cler To be Published: Wheat Ridge Transcript Date: November 26, 1999 CdBub=\CCRPTS\PUB NOTIOws9901 pub.wpd AGENDA ITEM RECAP QUASI-JUDICIAL X - Yes No PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY AGENDA ITEM TITLE: SUMMARY/RECOMME _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS X_ ORDINANCES FOR 1 ST READING _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING PUBLIC COMMENT _ RESOLUTIONS WV-99-03: Turgeon, et.al. NDATION: Approval of a vacation of an unused portion of public right-of- way adjacent to 4455 Simms Street ATTACHMENTS : 1) PC Report dated 6/17/99 2) PC Minutes of 6/17/99 3) Council Bill No. 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, December 13, 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\CCRPTS\wv9903coverl.wpd MEMORANDUM I Approved Date TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer 5hJ DATE: February 19, 1999 SUBJECT: Case No. MS-98-1/Turgeon-Fightmaster Traffic Issues and Impact Analysis for 46' Avenue and Simms/Tabor Street This memo serves as a response to your request to revisit the possibility of a Simms St. connection with 44" Avenue. First of all, the previous traffic impact study submitted for this location is still considered valid since it is still within a two-year time frame and the traffic conditions have not changed significantly. Again, I concur with the findings in the study. All of the traffic projections and methodology for analysis are done in accordance with the adopted national standards. The study shows that the development traffic will not adversely affect the immediate intersections. In addition, the level- of-service of these intersections is still at a good level even for the maximum condition which is the 2015 background traffic plus site traffic. Concerning the traffic issues in your memo to Bob Goebel, Director of Public Works dated November 19,1996, I am re-submitting the comments contained in the memo I sent to you dated December 4, 1996. Basically, the Public Works Department has the same position as previously regarding these traffic issues. Please see me if you wish to discuss this in detail. cc: Bob Goebel, Director of Public Works Dave Kotecki, Senior Project Engineer Greg Knudson, Development Review Engineer c C: v 7500 :^iEST 29TH AVENUE V.HE-T P:CGE. CC 8C_+.5 6713 i3G3'• :54 50cc 'Wheat Cay Apmm Fix C 2345924 _ Police Cepi. Fax r, 235-2949 'Ridge November 19, 1996 TO: Ijt~b Goebel, Director of Public Works FROM: r eredith Reckert, Planner RE: Vicinity of West 46th Avenue and Tabor Street The Department of Planning and Development is in the position of processing a land use case for property located at 11600 and 11690 West 46th Avenue (Case No. MS-96-2). The applicant is requesting approval of a six-lot major subdivision with the intention of building a series of four- plexes. This property was zoned to R-3 in 1980 and is currently vacant. Many concerns have been expressed from area residents regarding traffic problems in this vicinity including, but not limited, to the followin-g: 1. When will Tabor Street between West 44th Avenue and I-70 be widened? 2. What future improvements will occur to the intersection of West 44th Avenue and Tabor Street? 3. What future improvements will occur to the intersection of West 46th Avenue and Tabor Street? 4. Whit can be done to eliminate commercial traffic in the area ( IE, vehicles using the south frontage road through the residential neighborhood to get to Tabor and Miller)? 5: Both West 46th Avenue west of Swadley Street and Simms Street south of the southern frontage road dead-end at the property referenced above. Can anything be done to improve signage to eliminate cars driving down to the dead-end and to the roadblocks themselves which apparently are unmaintained? 6. Will Simms Street be extended south to connect with West 46th Avenue? There appears to be right-of-way in place although it is not full width. The Planning Staff expects to see additional commercial and residential development in this area which will only exacerbate existing traffic problems. This particular case (WS-96-2) is scheduledd for public hearing in front of Planning Commission on December 5, 1996. I anticipate a lot of discussion regarding traffic concerns. Would it be possible for an analyses to be to done and entered as an exhibit as part of the staff report or distributed the night of the hearing? I would appreciate your help in this matter. MEMORANDUM Approved Date TO: Meredith Reckert, Planner II FROM: Steve Nguyen,. Traffic Engineer 5{,~ DATE: December 4, 1996 SUBJECT: Vicinity of West 46th Avenue and Tabor Street U y~ LTV IJ 1 tv G This is a response to your memo to Bob Goebel, dated November 19,1996 referencing the above matter. Currently Tabor Street from 44th Avenue to I-70 is not in the five-year capital improvement program. The Public Works Department has no plan to widen this street in the near future, however I would like to offer some comments: • The Public Works Department feels that if and when Tabor Street is reconstructed, it will be built with a 3-lane section; two through lanes with a left turn lane. The three-lane section will be narrowed down to a 2 lane section when it reaches the Tabor Bridge at I-70. There is no plan to widen this bridge. • In reference to intersection improvements at 46th Avenue and Tabor, a left turn lane is anticipated on Tabor when the widening takes place,. • At the intersection of 44th and Tabor, a signal should only be constructed when it is warranted. It is currently unwarranted. Left and right tum lanes are anticipated on Tabor at this intersection. A left turn lane on 44th Avenue can be planned for if the demand volume indicates that there is a need for it. The Public Works Department is working on the signage issues that you mention in your memo. The Public Works Department is installing a dead end sign for southbound Swadley at 46th Avenue. I am working with CDOT to come up with guidance signs so that truck traffic traveling on the I-70 South Frontage Road between Swadley and Miller can be minimized or eliminated. In reference to the connection of 46th a- ~L S' rvtrn3 a44!wzas_~ even though there is established right-of- way, Public works Department sees no advantage in the connection in terms of traffic circulation. This would create a neighborhood traffic problem on Simms Street. Having a connection to 44th Avenue might generate safety and operational problems. 44th Avenue does not have any left turn lanes to side streets which creates the potential for rear end accidents . /3-7 December 4, 1996 Memorandum Vicinity of W. 46th Ave and Tabor Street Pa.- Side street traffic delay at 44th Avenue would be much greater than at 46th and/faborsince-the volume at 44th Avenue is much greater. The traffic volume at Tabor and 46th is 2100 and 550, vehicles per day respectively. These volumes are low compared to 44th Avenue where its volume is about 9800 vehicles per day. The current volume at 46th and Tabor does not indicate that the intersection is being congested. This may create more delays at Tabor and 44th , however, it is much more desirable from an operational and safety standpoint to concentrate the movements to an intersection which one day may be controlled by a signal. It will also eliminates "cut thru" traffic attempting to bypass 44th and Tabor. The remaining undeveloped area in the immediate surrounding area will probably not generate significant traffic volume to overload the intersection of 46th and Tabor even with full build-out. As the area north of I-70 develops, we may see a signal warrant develop at 44th and Tabor. Currently, 44th Avenue traverses across the city connecting Golden and Denver. With this characteristic, side street connections and other access points to 44th Avenue should be voided as much as possible to minimize the impact on 44th Avenue. I hope the above comments provide you some insight for planning purposes. Please see me if you need additional information or to discuss the issue in greater detail. CC: Greg Knudsen & g INTRODUCED BY COUNCIL MEMBER Council Bill No. 17 Ordinance No. Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF SIMMS STREET (ADJACENT TO 4455 SIMMS STREET) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV- 99-03) WHEREAS, right-of-way was previously dedicated for the extension of Simms Street (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 Simms 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 165. feet of Lot. 13, Lee Subdivision as described iAe deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. Section 2. Conditions. 1. The corresponding plat reflect a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44' Avenue. 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_-ef Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid. such judgment shall not affect application to other persons or circumstances. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1999 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 11999. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Barbara\CCRPTS\RESO-ORD\W V99023wpd.wpd No. Page 2 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building September 27. 1999 The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; Acting City Manager, Bob Goebel; for City Attorney, Gerald Dah, Maureen Juran; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; staff; and interested citizens. APPROVAL OF MINUTES of September 13, 1999 Motion by Mr. Eafanti for the approval of the Minutes of September 13, 1999; seconded by Mr. Mancinelli; carried 7-0. Motion by Mr. Eafanti for the approval of the Minutes for the Special Meeting of September 23, 1999; seconded by Mr. Mancinelli; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor read the Proclamation for Wheat Ridge United Methodist Church 1874 - 1999. She also read Proclamation for National Walk Our Children To School Day. CITIZENS' RIGHTS TO SPEAK Odarka Figlus, 9775 West 36`h Avenue, reminded Council and the citizens of Wheat Ridge that October is National Breast Cancer Awareness Month. Motion by Mr. DiTullio that $100.00 be allocated from the Council travel budget to pay for a pink ribbon to be displayed at City Hall to promote Breast Cancer Awareness and Prevention in tober; econded by Mrs. Dalbec; carried 8-0. otion by Mr. Silerto postpone Agenda Item 3, Council Bill 17, to December 13, 1999 in order IN to obtain further information on that subject; seconded by Mr. Donnelly; carried 8-0. Motion by Mr. Siler to make Agenda Item 10, a new Agenda Item 3, since it should be placed under public hearings and was inadvertently put in the wrong space on the Agenda; seconded by Mr. Mancinelli. AGENDA ITEM RECAP i AGENDA ITEM September 27, 1999 QUASI-JUDICIAL X _ Yes No X PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS _ INFORMATION ONLY AGENDA ITEM TITLE: SUMMARY/RECOMME _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS _ ORDINANCES FOR I ST READING _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ PUBLIC COMMENT _ RESOLUTIONS WV-99-03: Turgeon, et.al. KDATION: Approval of a vacation of an unused portion of public right-of- way adjacent to 4455 Simms Street ATTACHMENTS : 1) PC Report dated 6/17/99' 2) PC Minutes of 6/17/99 3) Council Bill No.17 BUDGETED _ ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. 17, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be APPROVED for the following reasons: 1. There could be negative affects on 44' Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue." C:\Barbara\CCRPTS\wv9903wver2.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: 'Meredith Reckert, Senior Planner SUBJECT: Case Nos. WS-99-01 and WV-99-03 DATE: August 3, 1999 Pursuant to the attached letter, the applicants for Case No. WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for 11661 W. 44 h Avenue and 11680 W. 44" Avenue, and Case No. W V-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, have requested a continuance. Staff recommends the case be continued to the City Council meeting of September 27, 1999. Holme Roberts & Owen LIP HPO' Pia Facsimile and Regular Marl August 2, 1999 Meredith Recker[, AICP Senior Planner City of Wheatridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Rkhar"- Rad+je~ Re: Case Nos. WS-99-01 and WV-99-03 (303)866-0269 ft.fiz l@hm.mm Turgeon, et al. Subdivision and Right-of-Way Vacation Dear Meredith: Aflaearya at cab Thank you again for meeting this morning with Jim, Dan and myself to discuss the above-referenced land use applications, which are presently scheduled for the 1700 Ljncnb $xae 4100 City CounciPs consideration next Monday, August 9,1999. Based upon our Saga b d my clients respectfuAy request that the City Council continue earlier discussions ,o o Dome , Ca 60203-4541 , the above matters until the public hearing scheduled for September 27, 1999. Tel (303)861.7000 f= (303)866-0200 Please call if you have any questions or concerns. ' umm.jv con Da r Sincerely, Salt Lake Cig- &U&W ~ ^C l o 5prhegr ' ~ VX eoadme Richard F. Rodriguez RFR: cc. Jim and Dan Turgeon *J75311 ZooZ tsotx HaAN3a oHH or:tT 66/90/so CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: September 27, 1999 WV-99-03/Turgeon,et al Right-of-way vacation NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (IQ ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER DATE PREPARED: , Sept. 20, 1999 CASE MANAGER: r M. Reckert Adjacent to 4455 Simms Street Jim Turgeon, et.al. 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge 165.96' x 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single-Family W: Agricultural Single-Family (not to exceed 5 du's/acre) May 28,1999 June 3, 1999 May 26,1999 (7Q CASE FILE & PACKET MATERIALS Q 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. I. REQUEST The applicants are request approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. The applicants for the case are those indicated in the staff report for Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvement will be required. II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area; therefore, is recommending reservation of a utility easement. Public Works does not want a public street connection with W. 44' Avenue at this location and supports the vacation. III. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without access to an established public road. The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. At one point many years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32nd Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of-way will not be inconsistent with the Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The Department of Public Works has recommended against a street connection between W. 44' Avenue and West 46' Avenue at this location. According to the memo from the Traffic Engineer, potential safety and operational problems could result on 44' Avenue if Simms Street is extended. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utility easement be reserved over the vacated right-of-way. IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on June 17, 1999. A recommendation of approval was given for the following reasons: 1. There could be negative effects on W. 44' Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 446 Avenue. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44' Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. WV-99-03 with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44" Avenue. VI. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. 17, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be APPROVED for the following reasons: 1. There could be negative affects on 44" Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue." WV-99-03/Turgeon Page 3 September 27, 1999 Option B: "I move that Council Bill No. 17, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be DENIED for the following reasons: 1. 2. 3." WV-99-03/Turgeon Page 4 September 27, 1999 I~CG'Yf~ GL iZ(~L WHEq CITY COUNCIL STUDY SESSION MINUTES / OF T CITY OF WHEAT RIDGE, COLORADO U m 7500 W. 29th Avenue, Municipal Building - \ September 20, 1999 The City Council Study Session was called to OR A order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Don Eafanti, Claudia Worth, Ken Siler, Lloyd Donnelly, Janelle Shaver, Teri Dalbec, Jerry DiTullio and Ralph Mancinelli. Also present: City Clerk, Wanda Sang; City Attorney,. Gerald Dahl; Acting City Manager, Robert Goebel; Chief of Police, Jack Hurst; staff; and interested citizens. Item 1. Traffic study (vicinity of 44th & Simms). Mr. Goebel opened the discussion regarding the potential for development of vacant land. Meredith Reckert's Memorandum dated September 13, 1999 with Exhibits was reviewed in detail. Consensus 5-3 to review Option 1 & 2. Consensus 5-4 (Mayor voted yes) to review Option 5 & 6. George Jorgensen, 4515 Robb St., does not want any development and he believes every option has a negative effect on his property. Diane Mattox, 4515 Robb St., does not want any development to happen. Consensus 8-0 to continue for another 30 minutes on this agenda item. Kim Stewart, 11700 W. 46th Ave., agrees with the above speakers and asked Council to consider the property owners. Lynn Fightmaster, 4455 Simms, stated that Option 4 would directly affect him and that there would be additional heavy traffic at the RV Park. Consensus 6-2 to bring Mrs. Worth's proposal (new option which includes a right of way/easement for cul-de-sac from Tabor to the center of their property) to City Council on Monday, September 27, 1999, meeting. Item 2. Compensation for elected officials. Consensus 5-3 to take a five minute break. Consensus 8-0 that Janelle Shaver be the NLC delegate on December 4, 1999 in Los Angeles. Mr. Dahl opened the discussion on agenda Item 2. The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 "Wheat 9Ridge September 7, 1999 Dear Property Owner: This is to inform you that Case No. WS-99-01 a request for approval of a nine lot subdivision and site plan review for the purpose of constructing 16 townhome type units for property located at 11680 W. 46' Avenue and 11661 W. 44" Avenue and Case No. WV-99-03 a request for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street 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 September 27, 1999, at 7:00 p.m. All owners and/or their legal representative 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 person whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\CCRPTS\PUBN0TIC\ws990I-w 9903pubH2.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a N N J d K C N D U ` N C ' L N 'u W m « c ¢ ~ Q U d _ U d O V Z d c a K ` > d c D D - .u aoil N ~ K a m o N rn y ~ S : _ a m o w E a N U p L 'a m o 3 3 3 3 3 # N r D= ama d m O M m 0 0 O M ° O M O M O M O M O M m° O ~y m K N N U m N m mrn N~ mo N O~ m N~ m N~ m N m m N m m N~ rn N m ¢ m ° « 3 > 3 > 3 > 3 > 3 > 3 > 3 > 3 > 3 > U _ O ,c 0 3 c C N O T C D rs O E i° N O ° N J O c ° ° c N ° O ° v O m ° J O v° N = ° w w Y 0-%m E a i m o a i a 0 - N va o w m m c > w N LO ENO rn¢O °¢>Om N gym mm0 rU)0 L¢O A~m N O~pU L EU LLL..U L O j O U O~NU tn~U 02 O OI 4/ N D W m 2 LL f/) OI C V 01 C r N` J N 01 T E 6 N V pl L N a a c i a OQ ' c D TN ' N a 3 m ~ m m c o F- a ' o y a ' E D 3 r " ¢¢O V N N ~ cG0 0- JK « K C N«..+ m D .O Z Om N O aO d O < N NHQ ZOO 0 L K HO _ O J V N D L (7 tO L ¢ O i ' V w< (O L n m N L t t N L ~ N 'm EE N 0 N (U N O V . a m WE L) O~LLW z L9) W N d 2 0 0 < p ao M M M M M M M a a a n a a fL) a n n rn Q W rn rn m m m rn m W Z N o 3: 1 CL W } o H02 N Una I 0 P. R .O E J z~ tC FO N G ~n T V N N d E z' y F D v d a d U ~ C J C ~ d N .2 E! D d > Z D 0 ~ a u o v s z c 'a ~ m a m a C a •U N K N I~ 5 ~ N y r U L O c aka E wa. u x m Z N m m 0 N Q m ° 5 V N rn 3 > u _ 0 N R a C G r D m o O >o d Q ~ y d a O ~ D V w C N o C N m c'm u Q ~ -0 a ic~ m 0 c E u v a E 0 l Ali W ❑ ❑ ❑ ® ❑ ❑ l(1 W N d 2 ~ 0 r a A `o H > V a aau, ° Z ~ CD N O~: Q a W } o o R Q N O P. E W ou c U d ~i 4. O N E z N A O C1. m v d U ~i N a 0 L E z' d i~ U F0 b v T N ti .a N U a. 0 Lv c z H City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Meredith Reckert, Senior Planner SUBJECT: Case Nos. WS-99-01 and WV-99-03 DATE: August 3, 1999 Pursuant to the attached letter, the applicants for Case No. WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for 11661 W. 44th Avenue and 11680 W. 44`h Avenue, and Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, have requested a continuance. Staff recommends the case be continued to the City Council meeting of September 27, 1999. Holme Roberts & Owen up Yua F°acsimAe and Regular Maid August 2, 1999 Meredith Reckert, AICP Senior Planner City of Wheatridge 7500 West 29th Avenue Wheat Ridge, CO 80215 P.W=rdF Rodriguez Re: Case Nos. WS-99-01 and WV-99-03 (303)866-0269 Turgeon, et al. Subdivision and Right-of-Way Vacation mdhg@hm-mm Dear Meredith: ,4Naraeys at cam Thank you again for meeting this morning with Jim, Dan and myself to discuss the above-referenced land use applications, which are presently scheduled for the 1700 ti,"In Shvee City Council's consideration next Monday, August 9, 1999. Based upon our S.iw, 4100 my clients respect[Wly request that the City Council continue earlier discussions pease, Cam,,,do , ve matters until the public hearing scheduled for September 27, 1999. b th 80203-4541 o e a M (303)861-7000 F= (303)866-0200 Please call if you have any questions or concerns- wwwhm.com De r Sincerely, Salt Lake Croy Boulder caroada Sprmgr Loadoa Richard F. Rodriguez RFR: ce. Jim and Dan Turgeon 4535511 200((3] £90LN HHANN OHH ~i 0£=6T 66/ZO/80 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: September 27, 1999 CASE NO. & NAME: W V-99-03/Turgeon, et al ACTION REQUESTED: Right-of-way vacation LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): DATE PREPARED: Sept. ,20, 1999 CASE MANAGER: M. Reckert Adjacent to 4455 Simms Street Jim Turgeon, et.al. 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER 165.96' x 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single-Family W: Agricultural Single-Family (not to exceed 5 du's/acre) May 28, 1999 June 3, 1999 May 26, 1999 (X) CASE FILE & PACKET MATERIALS Q 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. I. REQUEST The applicants are request approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. The applicants for the case are those indicated in the staff report for Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvement will be required. II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area; therefore, is recommending reservation of a utility easement. Public Works does not want a public street connection with W. 44th Avenue at this location and supports the vacation. III. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without access to an established public road. The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. At one point many years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32"a Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of-way will not be inconsistent with the Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The Department of Public Works has recommended against a street connection between W. 44' Avenue and West 46' Avenue at this location. According to the memo from the Traffic Engineer, potential safety and operational problems could result on 44' Avenue if Simms Street is extended. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utility easement be reserved over the vacated right-of-way. IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on June 17, 1999. A recommendation of approval was given for the following reasons: 1. There could be negative effects on W. 44" Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44" Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. WV-99-03 with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue. VI. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. 17, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be APPROVED for the following reasons: 1. There could be negative affects on 44" Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue." WV-99-03/Turgeon Page 3 September 27, 1999 Option B: "I move that Council Bill No. 17, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be DENIED for the following reasons: 1. 2. 3." VW-99-03/Turgeon Page 4 September 27, 1999 1 ISM 60cq~OS~IOSt ~ I Ob i I 0091 u IZ~I i 01 51 10,711 I < co d II IOSII 0911 O I LS I I 1QS11 ~ I I ~ ~ 1991 I ~ all O II SL91 I p I L91 I 1991 I O ~ ~ . ZZLi I r II 3 ~ 16911 O _ ~ Ot~t~t~ 09t~t~ Ol t~t~ 1 09b 6~5~ 77 10911 80811 3- ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 17, 1999 DATE PREPARED: June 8, 1999 v CASE NO. & NAME: WV-99-03/Turgeon, et A CASE MANAGER: M. Reckert ACTION REQUESTED LOCATION OF REQUEST: Right-of-way vacation NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER Adjacent to 4455 Simms Street Jim Turgeon 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge 165.96' x 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single Family W: Agricultural Single Family (not to exceed 5 du's/acre) May 28, 1999 June 3,1999 May 26, 1999 (X) CASE FILE & PACKET MATERIALS 0 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. 6-( I. REQUEST The applicants request approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot I (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvement will be required.. ' II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area, therefore is recommending reservation of a utility easement. Public Works does not want to see a public street connection with W. 44th Avenue at this location and supports the vacation. III. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: That the proposed vacation will not leave any adjoining land without access to an established public road., The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. Atone point many years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32nd Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of-way will not be inconsistent with the Comprehensive Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The Department of Public Works has recommended against a street connection between W. 44h Avenue and West 46th Avenue at this location. According to the memo from the Traffic Engineer, potential safety and operational problems could result on 44" Avenue if Simms Street is extended. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utility easement be reserved over the vacated right-of-way. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44'" Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. WV-99-03 with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 4. The adjacent property be readdressed to W. 44' Avenue. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for APPROVAL for the following reasons: 1. There could be negative affects on 44`h Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44' Avenue." Option B: "I move that Case No., WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3" P-3 I. It is consistent with the original zoning condition. 2. All minimum requirements of the R-3 zone district regulations have been met. With the following conditions: 1. That the mature trees at the southwest comer of the property be evaluated by the city forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. 3. That a letter from the ditch company be required. 4. That this case be published as a preliminary and final plat for the city council hearing. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to reconsider the motion for approval of the subdivision on case No. WS 99-01 to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL to add condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the motion for approval of the site plan for Case No. WS 99-01 be reconsidered to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the site plan be approved for all the prior reasons and with all prior conditions with the addition of condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. B. Case No. WV-99-03: An application submitted by Jim Turgeon, et al, for approval of a right- of-way vacation for an unused portion of the street right-of-way adjacent to 4455 Simms Street. This case was presented by Meredith Reckert. She 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that staff would recommend that an easement be reserved over the area being vacated. Staff concluded there could be negative effects on 44th Planning Commission Page 6 June 17. 1999 DRAFT Avenue if Simms Street is extended. Since this extension is not needed for local circulation and all criteria used to evaluate the request have been met, staff recommended approval. In response to a question from Commissioner COLLINS. Ms. Reckert replied the vacated right- of-way would revert to Mr. Fightmaster. Commissioner COLLINS felt that it was confusing to have Mr. Turgeon apply for a street vacation on Mr. Fightmaster's property and he would, therefore, vote against the application. Richard Rodriguez returned to the podium. In reference to Commissioner COLLINS' concerns, he stated that all of the property owners involved in the subdivision have signed the application which is standard protocol in right-of-way vacations. Commissioner MACDOUGALL asked if there is right-of-way on the east side of the subject right-of-way. Ms. Reckert replied that it is a freestanding piece of right-of-way which does not adjoin any other right-of-way. It was moved by Commissioner DOYLE and seconded by Commissioner MACDOUGALL that Case No. WV-999-03, a request for approval of right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for approval for the following reasons: 1. There could be negative effects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. I The evaluation criteria support approval. With the following conditions 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. I The adjacent property be readdressed to West 44th Avenue. The motion passed by a vote of 5 to 2 with Commissioners SNOW and COLLINS voting no. '00L Commissioner SNOW stated that she voted against the motion because she would prefer the right-of-way to stay in city ownership until the rest of the land in this area is developed. 8. OLD BUSINESS A. COMP PLAN Meetinu Commissioner SNOW moved and Commissioner THOMPSON seconded that the Planning Commission continue the discussion of the Comprehensive Plan following the public hearing on July 1, 1999. The motion passed by a vote of 5-2 with Commissioner COLLINS voting no and Commissioner GOKEY abstaining. Planning Commission Page 7 June 17. 1999 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF SIMMS STREET (ADJACENT TO 4455 SIMMS STREET) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV- 99-03) WHEREAS, right-of-way was previously dedicated for the extension of Simms Street (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 Simms 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 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. Section 2. Conditions. 1. The corresponding plat reflect a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 441" Avenue. 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 to on this day of , 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1999 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1999. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Barbara\CCRPTS\RESO-ORD\W V99023wpd.wpd Ordinance No. CITY COUNCIL MINUTES: August 9, 1999 Page - 2 - 7:00 p.m. PROCLAMATIONS AND CEREMONIES Mayor Cerveny recognized the Wheat Ridge Carnation Festival Parade Marshals, Ron and Eugene Kiefel; Count, John Bandimere, Jr. and Countess, Moe Keller. CITIZENS' RIGHT TO SPEAK Bill Kemper, 7363 West 26`h Place, is concerned about the proposed improvements to the highway to Guinella Pass; this will be devastating to the wildlife and the environment. He asked that the City pass a Resolution and send it Park County and Clear Creek County speaking against the proposed 4 options currently being considered; suggested the Sierra Club option. He also questioned the improvements to West 26th Avenue. Motion by Mr. Eafanti to add an Agenda Item 11. 1, request for funds for the Carnation Festival; seconded by Mr. Donnelly; carried 6-0. Motion by Mrs. Dalbec to an Agenda Item 11.2, regarding a request that she has received from the teens regarding the possibility of Council meeting with them before the meeting on the 16`h at an earlier time, 6 or 6:30 and it may involve expenditure of money for food; seconded by Mr. Donnelly; carried 6-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING An Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of t Ridge, County of Jefferson State of Colorado. 9mos)' AM" Postpone to September 27, 1999 Motion by Mrs. Dalbec that Case No. WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for property located at 11661 West 44`h Avenue and 11680 West 46" Avenue, be continued until September 27, 1999; seconded by Mrs. Shaver; carried 6-0. Motion by Mrs. Dalbec that Council Bill 17 be continued until September 27, 1999; seconded by Mrs.-Shaver; carried 6-0. l 'f (he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat GRidge July 21, 1999 Dear Property Owner: This is to inform you that Case No. WS-99-01 a request for approval of a nine lot subdivision and site plan review for the purpose of constructing 16 townhome type units for property located at 11680 W. 46th Avenue and 11661 W. 44" Avenue and Case No. V VV-99-03 a request for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street 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 August 9,1999, at 7:00 p.m. All owners and/or their legal representative 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. "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 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:\Bwbm\CCRPTS\PUBNOTIC\ws9901-w 9903pub.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 1-he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat GRidge July 21, 1999 Dear Property Owner: This is to inform you that Case No. WS-99-01 a request for approval of a nine lot subdivision and site plan review for the purpose of constructing 16 townhome type units for property located at 11680 W. 46" Avenue and 11661 W. 44" Avenue and Case No. WV-99-03 a request for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street 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 August 9, 1999, at 7:00 p.m. All owners and/or their legal representative 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. "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 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:\Bwbua\CCRPTS\PUBN0TIC\ws9901-w 9903pub.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 ' a m w m C c v a u m m c c J d d • N ~ v U ft ` a ~ > J D m ~ Q d U ~ _ u c 0 a v Q > fL _ 1 m a D j 7D J N. ~ m N O J O N d E 0 m„ u L p ~ ~ d° 3 3 3 3 3 3 3 3 3 N= L # m N O rn O M rn O ~y O M O M O M O N O M O M K U N m O N rn o rn rn O y rn rn o rn rn rn O rn rn rn O rn rn_ rn 0 rn rn rn 0 rn rn rn o rn rn N U N v O N O a N U N c O` « m O o >o a° d O m ,0 m JO 10 co E m x wo E mo O yo O N mo m O co ~ Nt+i ~o d'c O ¢ 0 mN E ~ ¢ u mo ¢ ov -0 O m mm dm mm 0 c~ A O y m N m 0L (o U NO L E0 rn O L U v w ~ L > m > C mm0 U z~0 M N U 0 w L U cm m 0 O Y N 6 1 _ C V c^ O m m O m J m 01 L T E O) m V Ol L OI O d m a O>L ~ d! C Na K O V f N m m c J O~ N O~-;O ' UN-O Ej a_ t"a Q N O TN V r p o mom.- > O r Z ~M V O C aO d OM.. mN~ Z y L O ~ a .m- J Cl m m N m O ry 2 ^ O m a m L N a of E N ~ O N E .y O E m (D WO CK v~~w z N W N R a m ° n n Q ~ a N N r N N N N n N N N O m m m m m F W D a n n n n n n n ° ~ a E m m rn rn rn rn rn n rn rn Q W Z ~ N O~Q o. > o W m LO n ~ ~I CJ a 0 0 C U a U ` c a ~ 2 U E a 0 ~ Q u o Z c ~ y a m m a c a ~ a ~ U v ~ 0 a m `o o N C 0 _ . N o E 0 0 a 0 w U t 0' @ E C 3 E w m m a at x v y m U rn m m 2E 3> U_ 0 O R 0 ao ry 0 C N 0 CD ` N Q > N a n U U a N C N m c'm Q r ` m N E _ O ~U U~ w Z i ❑ ❑ ❑ ® ❑ ❑ LO T W N 0 2 a p co `o to V a m Qaw Z N o3Q a o W F- o S a, Hohne Roberts & Owen Lis Va Facsimile and Regular Mail August 2, 1999 Meredith Reckert, AICP Senior Planner City of Wheatridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Rickard F. Rodriguez Re: Case Nos. WS-99-01 and WV-99-03 (303)866-0269 Turgeon, et al. Subdivision and Right-of-Way Vacation rod,*@hro.com Dear Meredith: Attorneys at Law Thank you again for meeting this morning with Jim, Dan and myself to discuss 1700 Lincoln street the above-referenced land use applications, which are presently scheduled for the Suite 4100 City Council's consideration next Monday, August 9, 1999. Based upon our Deaver, Colorado earlier discussions, my clients respectfully request that the City Council continue 80203-4541 the above matters until the public hearing scheduled for September 27, 1999. Tel (303)861-7000 Fax (303)866-0200 Please call if you have any questions or concerns. www.hm.com Denver Sincerely, Salt Lake City Boulder Colorado Springs •r~ ~Cy( London Richard F. Rodriguez RFR: cc: Jim and Dan Turgeon 9535511 INTRODUCED BY COUNCIL MEMBER Dal bec Council Bill No. 17 Ordinance No. Series of 1999 TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF SIMMS STREET (ADJACENT TO 4455 SIMMS STREET) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV- 99-03) WHEREAS, right-of-way was previously dedicated for the extension of Simms Street (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 Simms 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 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. Section 2. Conditions. 1. The corresponding plat reflect a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44' Avenue. 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 8 to _n on this 12th day of July , 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 August 9 , 1999 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 1999. ATTEST: Wanda Sang, City Clerk 1st Publication: July 16, 1999 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Barbara\CCRPTS\RESO-ORD\W V99023wpd.wpd GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ordinance No. Page 2 AGENDA ITEM RECAP AGENDA ITEM QUASI-JUDICIAL - Yes No X PUBLIC HEARINGS _ CITY MGR. MATTERS _ ORDINANCES FOR 1ST READING - PROCICEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 2ND READING _ BIDS/MOTIONS _ PUBLIC COMMENT _ RESOLUTIONS - INFORMATION ONLY _ ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: Case Nos. WS-99-01 a d W~ Turgeon, et al SUMMARY/RECOMMENDATION: The applicant has requested a continuance of both cases. Staff recommends a continued public hearing date of September 27, 1999. ATTACHMENTS: 1) Letter from applicant 2) 3) BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Case No. WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for property located at 11661 W. 44`h Avenue and 11680 W. 46"' Avenue, be continued until September 27, 1999." "I move that Council Bill No. 17, a request for approval of a right-of-way vacation for property located adj acent to 4455 Simms Street, be continued until September 27, 1999." ***The subdivision request is quasi-judicial and the vacation request is not. City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Meredith Reckert, Senior Planner SUBJECT: Case Nos. WS-99-01 and WW-99-03 DATE: August 3, 1999 Pursuant to the attached letter, the applicants for Case No. WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for 11661 W. 44`h Avenue and 11680 W. 44 h Avenue, and Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, have requested a continuance. Staff recommends the case be continued to the City Council meeting of September 27, 1999. Holme Roberts & Owen up Via Facsimile and Regidar Marl August 2, 1999 Meredith ReckeM AICP Senior Planner City of Wheatridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Rfd,ardARodrigum Re: Case Nos. WS-99-01 and WV-99-03 (303)866-0269 Turgeon, et al. Subdivision and Right-of-Way Vacation "d"g@lvo.oom Dear Meredith: jaornrya at Lan Thank you again for meeting this morning with Jim, Dan and myself to discuss rro0 Lincoln Stma the above-referenced land use applications, which are presently scheduled for the sai&. 4100 City CounciPs consideration next Monday, August 9, 1999. Based upon our Demer, Colorado earlier discussions, my clients respectfully request that the City Council continue 80203-4541 the above matters until the public hearing scheduled for September 27, 1999. Tel (303)861-7000 Fos (303)866-0200 Please call if you have any questions or concerns_ ro WjJ com Dearer Sincerely, salt deLake My r y Colorado Spring. LoIZJ«r Richard F. Rodriguez RFR: cc. Jim and Dan Turgeon 8535511 CITY COUNCIL MINUTES: July 12, 1999 Page - 3 - Subject to the following conditions: 1. That an extensive landscape buffer be provided along the north and east property lines including a six foot wide landscape buffer adjacent to the parking on the east side. 2. That the site plan be attached as an exhibit to the ordinance. 3. That none of the permitted principal uses allowed in RC-1 zoning under Sections 26-20 (13)(3); 26-20(B)(11) and 26-20 (13)(12)(a) and (c); RC-1 be allowed on the Subject property. 4. That the building height would not exceed 25 feet. 5. Development on the property shall be consistent with Exhibit A, (Insert E which should read the site plan shown on the June 14`h 1999 meeting.); seconded by Mr. Eafanti. Mrs. Dalbec will abstain from voting because she missed the first half of the hearing. Motion for Amendment by Mrs. Shaver to delete the word "banks" from the permitted uses B.2.; seconded by Mrs. Worth. Mr. Siler made a point of order that Mrs. Dalbec has to ask Councils' permission to abstain. Motion by Mrs. Dalbec to be allowed to abstain; seconded by Mr. Siler; carried 6-2 with Mr. Mancinelli and Mr. DiTullio voting no. Mrs. Shaver's motion failed 5-2 with Mrs. Shaver and Mrs. Worth voting yes and Mrs. Dalbec abstaining. Mrs. Dalbec explained she was late because her daughter was sick and she had to run her to the doctor and get a prescription. Original Motion carried 7-0 with Mrs. Dalbec abstaining. ORDINANCES ON FIRST READING Item 2. Council Bill 17 - An Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-99-03) Council Bill 17 was introduced on first reading by Mrs. Dalbec, who also read the title. Motion by Mrs. Dalbec that Council Bill 17 be approved on first reading, ordered published, public hearing be set for Monday, August 9, 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 8-0. AGENDA ITEM RECAP AGENDA ITEM Z _ PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS _ INFORMATION ONLY AGENDA ITEM TITLE: SUMMARY/RECOMME QUASI-JUDICIA X Yes No July 12, 1999 _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS X ORDINANCES FOR I ST READING _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ PUBLIC COMMENT _ RESOLUTIONS VW-99-03: Turgeon, et.al. vDATION: Approval of a vacation of an unused portion of public right-of- way adjacent to 4455 Simms Street ATTACHMENTS : 1) PC Report dated 6/17/99 2) PC Minutes of 6/17/99 3) Council Bill No. / 47 BUDGETED ITEM: Yes No Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Council Bill No., ~7 be approved on first reading, ordered published, public hearing beset for Monday, August 9, 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\CCRPTS\wv9903cover I.wpd It is consistent with the original zoning condition. 2. All minimum requirements of the R-3 zone district regulations have been met. With the following conditions: 1. That the mature trees at the southwest corner of the property be evaluated by the city forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. 2. That the 6-foot privacy fence be continued on the eastern portion of the property. 3. That a letter from the ditch company be required. 4. That this case be published as a preliminary and final plat for the city council hearing. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to reconsider the motion for approval of the subdivision on case No. WS 99-01 to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner THOMPSON and seconded by Commissioner MACDOUGALL to add condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the motion for approval of the site plan for Case No. WS 99-01 be reconsidered to add a condition. The motion passed by a vote of 7-0. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the site plan be recommended to the City Council for approval for all the prior reasons and with all prior conditions with the addition of condition no. 5 which would require that no development or redevelopment shall occur on Lots 1, 2 and 3 without site plan approval by the Planning Commission and City Council through a public hearing process. The motion passed by a vote of 7-0. B. Case No. WV-99-03: An application submitted by Jim Turgeon, et al, for approval of a right- of-way vacation for an unused portion of the street right-of-way adjacent to 4455 Simms Street. This case was presented by Meredith Reckert. She 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. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that staff would recommend that an easement be Planning Commission Page 6 June 17. 1999 Fightmaster was aware of the utility easement on the east side of his property. Mr. Figh..nasL-r replied that there was a utility easement along the east side of the property line to 44th Avenue. (Chair BRINKMAN declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:10 p.m.) In response to a request from Commissioner DOYLE, Mr. Turgeon reviewed the proposed placement of trees in the proposed project. It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. WS-99-01, a request for approval of a nine-lot subdivision for property located at 11681 West 44th Avenue and 11680 West 46th Avenue, be recommended to the City Council for approval for the following reasons: 1. It is consistent with the original zoning condition. 2. All minimum requirements of the Subdivision Regulations have been met. 3. The Public Works Department's analysis of traffic circulation in the area and the traffic report submitted indicate that a connection between West 46th Avenue and West 44th Avenue is not desirable. With the following conditions: That the mature trees at the southwest corner of the property be evaluated by the city forester to consider if the trees can be saved and, if not, that equivalent caliper inches of those trees removed be placed throughout the development. That the 64bot privacy fence be continued on the eastern portion of the property. Commissioner SNOW offered an amendment to the motion as follows: Condition No. 3 be added which would require a letter from the ditch company; and condition no. 4 be added which would require this case to be published as a preliminary and final plat for the City Council hearing. This amendment was acceptable to Commissioners THOMPSON and GOKEY. Commissioner SNOW stated that, even though she would vote in favor of the motion, she wanted to voice her concern that had the city not given permits for the first two buildings, Simms on the eastern side of the property could have gone through to provide the best traffic circulation. The motion passed by a vote of 7-0. Commissioner SNOW moved and Commissioner GOKEY seconded that the request for site plan approval in conjunction with Case No. WS-99-01 for property located at 11680 West 46th Avenue, be recommended to the City Council for approval for the following reasons: Planning Commission Page 5 June 17, 1999 ,served over the area being vacated. Staff concluded there could be negative effects on 44th Avenue if Simms Street is extended. Since this extension is not needed for local circulation and all criteria used to evaluate the request have been met, staff recommended approval. In response to a question from Commissioner COLLINS, Ms. Reckert replied the vacated right- of-way would revert to Mr. Fightmaster. Commissioner COLLINS felt that it was confusing to have Mr. Turgeon apply for a street vacation on Mr. Fightmaster's property and he would, therefore, vote against the application. Richard Rodriguez returned to the podium. In reference to Commissioner COLLINS' concerns, he stated that all of the property owners involved in the subdivision have signed the application which is standard protocol in right-of-way vacations. Commissioner MACDOUGALL asked if there is right-of-way on the east side of the subject right-of-way. Ms. Reckert replied that it is a freestanding piece of right-of-way which does not adjoin any other right-of-way. It was moved by Commissioner DOYLE and seconded by Commissioner MACDOUGALL that Case No. WV-999-03, a request for approval of right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for approval for the following reasons: 1. There could be negative effects on 44th Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval. With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to West 44th Avenue. The motion passed by a vote of 5 to 2 with Commissioners SNOW and COLLINS voting no. Commissioner SNOW stated that she voted against the motion because she would prefer the right-of-way to stay in city ownership until the rest of the land in this area is developed. 8. OLD BUSINESS A. COMP PLAN Meeting Commissioner SNOW moved and Commissioner THOMPSON seconded that the Planning Commission continue the discussion of the Comprehensive Plan following the public hearing on July 1, 1999. The motion passed by a vote of 5-2 with Commissioner COLLINS voting no and Commissioner GOKEY abstaining. Planning Commission June 17, 1999 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 17,1999 CASE NO. & NAME: W V-99-03/Turgeon, et al ACTION REQUESTED: Right-of-way vacation LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS Q OTHER DATE PREPARED: June 8, 1999 CASE MANAGER: M. Reckert Adjacent to 4455 Simms Street Jim Turgeon 2110 Rockcress Way Golden, CO 80401 City of Wheat Ridge 165.96' x 25' (4149 square feet) Residential-Three Driveway N, S, W: R-3; E: A-1 N: Vacant; S, W: Single Family W: Agricultural Single Family (not to exceed 5 du's/acre) May 28,1999 June 3, 1999 May 26, 1999 (X) CASE FILE & PACKET MATERIALS Q 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. 6-1 I. REQUEST The applicants request approval of a right-of-way vacation for a portion of Simms Street. This application is being processed in conjunction with Case No. WS-99-01. If the vacation is approved, access to Lot 2 will be by an access easement across Lot 1 (cross access easement already shown on plat document). Because a driveway is already in place, no physical improvement will be required. II. AGENCY REFERRALS All responding agencies have indicated no problems with the vacation. Staff questions whether there are utility service lines within this area, therefore is recommending reservation of a utility easement. Public Works does not want to see a public street connection with W. 44' Avenue at this location and supports the vacation. III. EVALUATION CRITERIA Before a street right-of-way vacation is approved, the applicant shall show and the Planning Commission and City Council shall make the following determinations: That the proposed vacation will not leave any adjoining land without access to an established public road., The right-of-way is an isolated piece of land which was dedicated and accepted by the Jefferson County Commissioners pursuant to two deeds recorded in 1955. It is unclear to Staff the reasons for the dedication as it does not connect with any adjacent rights-of-way. Atone point many years ago, the City of Wheat Ridge was pursuing construction of a north/south street between W. 32"a Avenue and I-70. This corridor is no longer deemed necessary or politically feasible. 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the Transportation Section of the current Comprehensive Plan of the City of Wheat Ridge. Vacation of this right-of-way will not be inconsistent with the Comprehensive Plan. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. The Department of Public Works has recommended against a street connection between W. 44' Avenue and West 46" Avenue at this location. According to the memo from the Traffic Engineer, potential safety and operational problems could result on 44`" Avenue if Simms Street is extended. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. All responding agencies have indicated no objections to the vacation. Staff would recommend a utility easement be reserved over the vacated right-of-way. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there could be negative affects on 44' Avenue if Simms Street is extended. Since this extension is not needed for local circulation and the criteria used to evaluate the request support it, a recommendation of Approval is given for Case No. W-99-03 with the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. An utility easement be reserved over the width being vacated. 4. The adjacent property be readdressed to W. 44`h Avenue. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for APPROVAL for the following reasons: 1. There could be negative affects on 44" Avenue if Simms Street is extended. 2. This extension is not needed for local circulation. 3. The evaluation criteria support approval." With the following conditions: 1. The corresponding plat reflects a cross access/ingress-egress easement at this location. 2. A utility easement be reserved over the width being vacated. 3. The adjacent property be readdressed to W. 44°i Avenue." Option B: "I move that Case No., WV-99-03, a request for approval of a right-of-way vacation adjacent to 4455 Simms Street, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." LC.`7t I I ~9t~ OOSt~ 19811 1 - - Oft l l I S{V 60S{~ OSt~ I OS+~ I lo-vi OOt~ IZt~II 01~I IOt~II < 10911 `r II ■ 09tI I oz7tl ~ O , \r\ ff ~ U I LS I I J i ` 6, O J 1 8S 11 j~ i ~ I t~91 I 0691 I 0 0891 I 0 III ILI - 1991 I ~I I Qo 8L91 I ~t o IL911 18911 O~ ZZLII II ~ ~ 1691 I o CO ' ~ w 08t~~b Obbb 01 1 09t' bt'St' 88b~ 1081 I 80B I I MEMORANDUM TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer Sly DATE: February 19, 1999 SUBJECT: Case No. MS-98-1/Turgeon-Fightmaster Traffic Issues and Impact Analysis for 46' Avenue and Simms/Tabor Street This memo serves as a response to your request to revisit the possibility of a Simms St. connection with 44'' Avenue. First of all, the previous traffic impact study submitted for this location is still considered valid since it is still within a two-year time frame and the traffic conditions have not changed significantly. Again, I concur with the findings in the study. All of the traffic projections and methodology for analysis are done in accordance with the adopted national standards. The study shows that the development traffic will not adversely affect the immediate intersections. In addition, the level- of-service of these intersections is still at a good level even for the maximum condition which is the 2015 background traffic plus site traffic. Concerning the traffic issues in your memo to Bob Goebel, Director of Public Works dated November 19,1996, I am re-submitting the comments contained in the memo I sent to you dated December 4, 1996. Basically, the Public Works Department has the same position as previously regarding these traffic issues. Please see me if you wish to discuss this in detail. cc: Bob Goebel, Director of Public Works Dave Kotecki, Senior Project Engineer Greg Knudson, Development Review Engineer !e City of 7500 WEST 29TH AVENUE G WHEAT RIDGE. CO 80215-6713 (303) 2345900 W h e at City Admin. Fax a 234-5924 Police Dept. Fax r. 235-2949 1 \1 d ge November 19, 1996 TO b Goebel, Director of Public Works FROM: r eredith Reckert, Planner RE: Vicinity of West 46th Avenue and Tabor Street The Department of Planning and Development is in the position of processing a land use case for property located at 11600 and 11690 West 46th Avenue (Case No. MS-96-2). The applicant is requesting approval of a six-lot major subdivision with the intention of building a series of four- plexes. This property was zoned to R-3 in 1980 and is currently vacant. Many concerns have been expressed from area residents regarding traffic problems in this vicinity including, but not limited, to the following: 1. When will Tabor Street between West 44th Avenue and I-70 be widened? 2. What future improvements will occur to the intersection of West 44th Avenue and Tabor Street? 3. What future improvements will occur to the intersection of West 46th Averiue and Tabor Street? 4. What can be done to eliminate commercial traffic in the area ( IE, vehicles using the south frontage road through the residential neighborhood to get to Tabor and Miller)? 5: Both West 46th Avenue west of Swadley Street and Simms Street south of the southern frontage road dead-end at the property referenced above. Can anything be done to improve signage to eliminate cars driving down to the dead-end and to the roadblocks themselves which apparently are unmaintained? 6. Will Simms Street be extended south to connect with West 46th Avenue? There appears to be right-of-way in place although it is not full width. The Planning Staff expects to see additional commercial and residential development in this area which will only exacerbate existing traffic problems. This particular case (WS-96-2) is scheduledd for public hearing in front of Planning Commission on December 5, 1996. I anticipate a lot of discussion regarding traffic concerns. Would it be possible for an analyses to be to done and entered as an exhibit as part of the staff report or distributed the night of the hearing? I would appreciate your help in this matter. MEMORANDUM A roved Date J TO: Meredith Reckert, Planner II FROM: Steve Nguyen,. Traffic Engineer DATE: December 4, 1996 SUBJECT: Vicinity of West 46th Avenue and Tabor Street This is a response to your memo to Bob Goebel, dated November 19,1996 referencing the above matter. Currently Tabor Street from 44th Avenue to I-70 is not in the five-year capital improvement program. The Public Works Department has no plan to widen this street in the near future, however I would like to offer some comments: • The Public Works Department feels that if and when Tabor Street is reconstructed, it will be built with a 3-lane section; two through lanes with a left turn lane. The three-lane section will be narrowed down to a 2 lane section when it reaches the Tabor Bridge at I-70. There is no plan to widen this bridge. In reference to intersection improvements at 46th Avenue and Tabor, a left turn lane is anticipated on Tabor when the widening takes place,. • At the intersection of 44th and Tabor, a signal should only be constructed when it is warranted. It is currently unwarranted. Left and right turn lanes are anticipated on Tabor at this intersection. A left turn lane on 44th Avenue can be planned for if the demand volume indicates that there is a need for it. • The Public Works Department is working on the signage issues that you mention in your memo. The Public Works Department is installing a dead end sign for southbound Swadley at 46th Avenue. I am working with CDOT to come up with guidance signs so that truck traffic traveling on the I-70 South Frontage Road between Swadley and Miller can be minimized or eliminated. • In reference to the connection of 46th Sm r even though there is established right-of- way, Public works Department sees no advantage in the connection in terms of traffic circulation. This would create a neighborhood traffic problem on Simms Street. Having a connection to 44th Avenue might generate safety and operational problems. 44th Avenue does not have any left turn lanes to side streets which creates the potential for rear end accidents . /3-7 December 4, 1996 Memorandum Vicinity of W. 46th Ave and Tabor Street Page 2 Side street traffic delay at 44th Avenue would be much greater than at 46th a4TaXrsin9_4volume at 44th Avenue is much greater. The traffic volume at Tabor and 46th is 2100'arid vehicles per day respectively. These volumes are low compared to 44th Avenue where its volume is about 9800 vehicles per day. The current volume at 46th and Tabor does not indicate that the intersection is being congested. This may create more delays at Tabor and 44th , however, it is much more desirable from an operational and safety standpoint to concentrate the movements to an intersection which one day may be controlled by a signal. It will also eliminates "cut thru" traffic attempting to bypass 44th and Tabor. The remaining undeveloped area in the immediate surrounding area will probably not generate significant traffic volume to overload the intersection of 46th and Tabor even with full build-out. As the area north of I-70 develops, we may see a signal warrant develop at 44th and Tabor. Currently, 44th Avenue traverses across the city connecting Golden and Denver. With this characteristic, side street connections and other access points to 44th Avenue should be voided as much as possible to minimize the impact on 44th Avenue. I hope the above comments provide you some insight for planning purposes. Please see me if you need additional information or to discuss the issue in greater detail. CC: Greg Knudsen 13- 3~ CvIi -o~ - 1,qpPt/cAT161iJ B J /roc %u~C co cJ ~O/ ~lG/d?~- UF- CJA~ C~/f~A7-~o,~/ T-olC UN ~'5 ~O ~d~T,a OF 5 2~c- /9,9JAcE-,vr /o Yg5_5 SININS SIGN-IN Name Address Iti' r-AdOe / oPVosE/9 z 1. ~ti ~Pt (2 Y~G.ez /700 s~ y/oo x 2. 3. 4, 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 75CO WEST 29TH AVENUE City F.O. BOX 638 The - Y of WHEAT RIDGE. CO 80034 OE-3-8 ,3031 231-5900 ~1Vheat City Admin. Fax r 234-5924 Police Deot. Fax 235.2949 GRidge POSTING CERTIFICATION CASE NO.1 VI-11-d3 OR PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~cf y I, n a m e residing at a a a r e s s as the applicant for Case No./~/S-yJ-p/ u/J/-qy-p 3 hereby certify that I have posted the Notice of Public Hearing at / 90 L// .210t~/ eC- lyrd l (y f/#w4 e~ o c a t i o n on this- day of Tu/-7-t° 19 C , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. v Signature: L / NOTE: This form must be submitted at_ ~'the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. L IL <pc>postingce rev. 05-19-94 N 44i ~N DhVIA-1 . SUBGVISION G-1 PRCSPEGT ~ l44 PhR1C Pt,tGc a a rve+-w i i iii T: 7500 WEST 29TH AVENUE May 24, 1999 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 The City of 4', Wheat GRidge This is to inform you that Case No. WS-99-01 a request for approval of a nine lot subdivision and site plan review with a variance for the purpose of constructing 16 townhome type units for property located at 11680 W. 46" Avenue and Case No. V,/V-99-03 a request for approval of a right-of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street 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 June 17, 1998, at 7:30 p.m. All owners and/or their legal representative 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. "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 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:\Barbara\PCRPTS\PLANGCOM\PUBHRG\ws9901 cert.wpd (303) 234.5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 It C d d 'U ~ V N r d J ~ > a 0 o Z c y H 5 m m a a c a i a u wl d ~ R' y ~ O w N . y O 2 E a a ❑ d L p oD c - ❑ 0.0 3 3 3 3 3 3 3 m! y ae 8 D_ O y O M MO O M Ma O M Ma O M MO O O, 0 an ° OM QM O H O an O 0 N N0 d U 0 MM N N M N M N O) M N M M y M M M N T y MM M M M N W ¢ m ° 3 > 3 > 3 > 3 > 3 > 3 > 3.> 3 > 3 > u O • N O ' M y O y O G ~F J A O w> W Y O y..: eD W , E NeD tJ 0O N N RO N N~ + y d W _ Ma Y 0m o m ~t°+] O v y 0260 w0 0 M aQ~ -mow wV10 E 1= -00 .°c¢O A~Om N ~ N ~~U rnEU _ = iz 0 Y~O 0p ~oU mNU U) 000 U tll j D U 6 E Fn M 0~ ~ c n(.1 m 5 mU m c N m O >.E T N V 6 s C y ¢ D M 'O 9 D tp G I F j E o F 9 w C (n a K Q D K ¢ N y y 7° NIA " J ~ N O N ° N g 0 M a M `p 1 n I' L D J V N E, N ~~L t 0 N N U~ roL V Q ~~CJ V y N V L ~r ~nm .9- m- v -zm C N N 0 Q -dv Dom` a t ~ N T a Q E W C d M J N w o of cU Z w ❑ ❑ ❑ ® ❑ ❑ W N d ~ o W; V a n rn n rn °n w n rn n m n rn n m rn m O Q W ~ Z W 0 N O Q a } O W Una ~I a d d C d a ` C ~ a ~ d ' N v v z° c d a d K d > a C D ~ D V f Of d a ~ `o `o N .t C d : . N O E a o a L w U O ~p as ~ d 4 ~ M a x c°i' °d N d m o M M d Qm°£ U 3> u 0 O m d a W a A 0~ O c N D d N d ~ uNi ~Q0° h d D ~ r ~ d y d a Q w wo i+ V d C H _ N 'OV °D_ L a M O C N d °'m ` Q w r r O w w E d m d C O d N `O x U U 2 ~LLW - ❑ ❑ ❑ ® ❑ ❑ LO LU r N d d p C N V O ~ > E m < u, Z U. N 0 a }OW d ~ti3 JI L~ 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 June 17,1999, 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. WS-99-01: An application submitted by Jim Turgeon, et.al., for approval of a nine lot subdivision and site plan review with a variance for the purpose.of constructing 16 town home type units on Lots 4, 5, 8 and 9. Said property is zoned R-3 and located at 11680 West 46" Avenue and 11661 West 44th Avenue and legally described as follows: Being a portion of Lot 14, Lee's Subdivision, County of Jefferson, State of Colorado, more particularly described as follows: Beginning at the northwest corner of the east half of Lot 14, marked by a pin with an illegible cap; thence east along the north line of said Lot 14 a distance of 155.37 feet to a point from whence the northeast corner of said Lot 14, marked by a''/z inch galvanized pipe, is a distance of 175.64 feet; thence on an angle to the right of 90 degrees 18 minutes 05 seconds, a distance of 328.94 feet; thence on an angle to the right of 89 degrees 41 minutes 07 seconds, a distance of 155.49 feet to the intersection with the west line of the east half of Lot 14; thence on an angle to the right of 90 degrees 20 minutes 11 seconds and along said west line, a distance of 32$.98 feet to the point of beginning. Case No. W V-99-03: An application submitted by Jim Turgeon, et.al., for approval of a right- of-way vacation for an unused portion of street right-of-way adjacent to 4455 Simms Street and legally described as follows: The East 25 feet of the North 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. ATTEST: 3~ Wanda Sang, City lerk To be Published: Wheat Ridge Transcript Date: May 28, 1999 C:\Barb=\PCRPTSTLANGCOM\PUBHRG\990617.wpd Barbara Delgadillo, Recbrding Secretary PUBLIC SERVICE COMPANY OF COLORADO ANEW CENTURY ENERGIES COMPANY May 21, 1999 CITY OF WHEAT RIDGE PLANNING DEPARTMENT 7500 W 29TH AVE WHEAT RIDGE CO 80033 Re: Turgeon WV-99-03 Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone 303.571.7799 Facsimile 303.571.7877 Public Service Company of Colorado (PSCo) has reviewed the plans for the above referenced project. PSCo has no apparent conflict with this proposed project. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425-3867 regarding the use or relocation of these facilities. Please be advised that while the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. If you have any questions about this referral response, please contact me at 303-571- 7029. Thank You, Paa&-&A Right-of-Way Processor MEMORANDUM 11 Approved Date TO: Meredith Reckert, Senior Planner FROM: Greg Knudson, Development Review Engineer DATE: May 24, 1999 SUBJECT: Adjacent To 4455 Simms Street, WV-99-03, Right-of-Way Vacation For Unused Portion Of Street Right-of-Way The Public Works Department has reviewed the Planning Department referral dated May 17,1999 for the above referenced site. Based upon the purpose stated for this case, (transfer vacated right-of-way to adjacent property owner-access to the existing house will be from an ingress/egress easement), the following comments are provided : 1. Legal description has been reviewed and approved by John McGuire. 2. Exhibit submitted on wrong side of property line. 3. The Traffic Division has reviewed this case, 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 VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 May 27, 1999 Meredith Reckert City of Wheat Ridge 7500 W. 29th AVenue Wheat Ridge, CO 80033 Der Meredith: TELEPHONE 424-9661 FAX 424-0828 RECE~~Ea ~ ~ p 11999 In reference to Case No. WV-99-03/Turgeon, Valley Water District has reviewed the request and offers the following comments: 1. The requested right of way vacation per your attached drawing of the site appears to be in an area where Valley Water District has an existing easement which must be retained for future de- velopment of our water distribution system. I have attached a Valley Water District easement form in reference to the area. 2. Water main lines and fire hydrants will need to be installed at owner's expense to service area. 3. Water service lines and taps will be needed to service each building structure at owner's expense. Should you have any questions, please feel free to contact me Sincerely, IY6 -tA,tG~~'+.v"R Robert Arnold District Manager J Y UJ .i ON 7500 West 29th Avenue ~ keo 114 ~ The City of Wheat Ridge, Colorado 80033 2 4 i9 Wheat Telephone 303/ 235-2846 Ridge May 17, 1999 The Wheat Ridge Department of Community Development has received a request for approval of a right-of-way vacation at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by June 2, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: W V-99-03/Turgeon LOCATION: Adjacent to 4455 Simms Street REQUESTED ACTION: Right-of--way vacation for an unused portion of street right-of-way PURPOSE: Transfer to adjacent property owner - Access to existing house will be from an ingress/egress easement APPROXIMATE AREA: 25'x 165.9' (4147.5 square feet) 1. Are public facilities or services provided by your agency adequate to serve this development? No - see attached letter 2. Are service lines available to the development? No 3. Do you have adequate capacities to service the development? Yes 4. Can and will your agency service this proposed development subject to your rules and regulations? Ye s 5. Are specific easements needed on this or any other document? We are not clear on location of attached drawing, VAlley Water may have easement in area 6. Are there any com; rns or proble~s,ynour ape%4 hash identified which w1°e ul~ or should effect aarovaL ~f thi're est9 Valley Water as w ter i e e se en in area and ieves i is e si e oction as shown. Valley Water would need to retain easement. See attached letter. Please reply to: Meredith Reckert (303-235-2848) - Department of Planning & Development Completed by: Robert Arnold, Valley Water 5-27-99 (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Arvada) X Adjacent City 0 X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division Fairmont Homeowners Association "The Carnation City" C:\Barbara\AGENREF\wv9903refeaal.wpd 1 1901 1 1875 Ilaeo 1 n 11605 1501 * 11691 11722 11651 11671 11673 N 11661 11660 11690 11641 11551 11571 70 II~ 70 11460 * 1501 ' 1 11401 440 11361 11362 A D m II301 ~ D y i 4433 4549 4601 T F440 4610 + m O ~ * O 0 4615 4625 46 SWADLE' - 4626 m 10 0 * 11685« 11605 0` o 4615 \ 4596 r Rg0 O O O /~~7 SCI` O r- 1410 r-11421 1450'45021 4515 j 4601 11310 F « ~ 1131° 11305 280 = c Cc cT z Id, O n GI O C) 0 U-) ,l C co 77 77 O d u t 1 O z ;O zin U r z Q O u3 o 0- \ Y Z LU L ozr- sl - r-~lZ) cU~ ~Ol-t~v zL) CO L+'0 Il, `I L C d 3 d v c ro .n LO 00 rn z H w W ~ o A Qc v ,y +i (1) T-i ~S L U. o O 0 H ,c x d G ro A E z 0." 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K 3 Q C E m 3 0 c x Q s X44 J:'I.: ry?i _ V 1` s \y a .n E O L d rn m 3 c x m a N E G C 0 O 'D LL. a N o d I-C ¢ O O ~ U l 'I N O d CL d v O O L N E E N o d G y c 0 C E OI 'O 3 0 c s Q y N a d E M 0 ~ c - d 'b o M c N U R r Y O ~ ~ G O O d U o u. o ° d F- v-i ~ O U ro A 1 O N v i c 0 _U 7 a A 0 z N U H O G 'S m d r C N O L N T E E E N o v d C N d Q r u Q U) c -o a d r.! t17 0 0 L~ 0 z z 0 H F L) J w Q m 0 n ,9'Ilti N I I i ill x M O o ca I z o ,o ,0£ z v ° o t-5 p t c a d O lli " N ° t~ O c N It m Y w p O O m I ° 3 0 o CL ` N ) ftl o F 00 3: N C\1 ND N ° C I 3 0 ow 1-777' Z o - NOOZI OZI _ WU/./5 OZ£1 t O o ti to ° 0 `o E m o ~p o ao K Y 9 O C p' O m 0 0 0 J N w o w ao J ~ v w gc~ ggoy o O owe ` C4 O Lc) p O N _ Q ° ooh Yo t i O 0 0 0 O 00 O L ° -M Co 0 moo v ~o O J ~ U W W Q C LAJ Q W N h ~ Z C\l ~ z 3 a' i v i Oz LLI p m n ilb 0 F K~ - V T !ice ' tm r J I f 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge May 17, 1999 The Wheat Ridge Department of Community Development has received a request for approval of a right-of-way vacation at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by June 2, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: W V-99-03/Turgeon LOCATION: Adjacent to 4455 Simms Street REQUESTED ACTION: Right-of-way vacation for an unused portion of street right-of-way PURPOSE: Transfer to adjacent property owner - Access to existing house will be from an ingress/egress easement APPROXIMATE AREA: 25'x 165.9' (4147.5 square feet) 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: Meredith Reckert (303-235-2848) Completed by: Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Valley) Jeffco Health Department X Sanitation District (Fruitdale) Jeffco Schools X Fire District (Arvada) 11 Jeffco Commissioners X Adjacent City (Z ~a X TCI of Colorado X Public Service Co. WHEAT RIDGE Post Office X US West Communications WHEAT RIDGE Police Department State Land Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey WHEAT RIDGE Park & Rec Commission Colorado Dept. Of Transportation WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division Colorado Dept. of Natural Resources Fairmont Homeowners Association „The Carnation City" C:\BarbuaWGENREF\wv9903mfeual.wpd MEMORANDUM Approved Date DYEPAJR LINT®P PUBLIC WORKS TO: Meredith Reckert, Senior Planner FROM: John McGuire P. L. S. DATE: Thursday, May 13, 1999 SUBJECT: Right of Way Vacation for Simms Street I have enclosed the two deeds describing the excess Right of Way for Simms Street north of 44' Avenue. The property surrounding this piece is part of a submitted subdivision that is currently under review and the applicant desires to vacate it. Then through platting as a new Subdivision, rededicate access and necessary Right of Way. Also, this piece of ground is not connected to any other City Right of Way and as such is an unusable remainder that should be vacated. The legal description for this vacation ordinance should read as follows: The East 25 feet of the North 165 feet of Lot 13, Lee Subdivision as described in the deeds filed in Book 899 at Pages 598 and 599 of the official records of the County of Jefferson, State of Colorado. Let me know if I can be of further assistance in this matter. Cc: File - I E . _ , o O C) x D D N N A C) O O n w m O n O D n D O O D D C) 0 o d N m N a a a a > O- > O- m < m m < W m ` (D * * a 'O - a a * * a V ~o . m 0 CD 3 ^ CD O O N M > N CO O N ' O O 0 n p < < N N = ~ Cn Q N T r Z Q N 0 03 co O Q D Q T N K N O 01 N a N p W `e a O O - w N Q O' O N O . fD ( N N Z Z Z O N - N m D. p W (D m m .0.. N ° m m a m N y, , W CD ay o < m 0 CL N 0 N N o v 3 cD 3 (D a O Z CD E3 3 O N Z O .'0 C) C) -0 co _co 0 cn M Z Cl) _ A (n w N N S n N Ot 3 OW O 3 p O 3 fn O (O O 3 - Co A . (o O N ( (D CO O c O c N C> o (o cna Q o (O o N cn 9) a' O X 0 o O (O, o O - O - S~ < CD co O ~ 0 N < N N' N t O N v 3 CO W A O _ o o . o ~ < CD m? Q _.Ca CD 0 n CD o ~ a° (D (D 30 T v D Cn O'n AO N T N T Z T O O fD CD N r- 0 n C N a o D 0 (D 0 c v Z T ° CD D o o 0 o m J J J W D ;u 0- CD (<D m rz n 0 J CL 0 J 0 O 'O O N Cx O O n O D O D O O D D 0 0S?3a-">>aay Q m m s~ D (D (D ~ m z o 71 M z n (n m m D s m n o v a T r- T O Q J (p N CD N W CL 3 N CL (D N CD N z N O N N -o ni Z z 3 O 3 9 w 0) 3 (D CD N W N Z 0 z CO w cn 1 C/) m m m o o m c co W ° 3 3 C> (o io fl c0 A ° (D (An _CD .-q O O CO O O J O 3 N C7 o W ° O 0 D o U) (D CD N c0 CD A N W (D ° O N m m -o a > > n 0 0 m 0 a a 0- m a m < < 0 (D CD O a << m << w < < _ o a p v p7 0 * O m W 0 o CL v m CL < O 040 m Z o n - O c O c J (D CD N0 (O .(n n n ~ ~~NNSU .N. 3 MNORT O O O J a. 91 0 O woo O ~N O. = p A O Crfl-{D A~ D 0 < o n J J 0 ? !D