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HomeMy WebLinkAboutWV-16-012016045876 6!1 61201 6 1 1:16 AM PGS 3 $21.00 DF $0.00 E:ectroaca►ry Recoroea ae'ierson CourYy. CC C -aye Griffin Clerk and Recarder -d'000 h CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. 1594 Series of 2016 TITLE: AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV -16-01 / MARSHALL STREET VACATION WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for right-of-way vacation; and, WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, 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. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following portion of Marshall Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the South Quarter Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear S89°59'56"W, with all bearings herein relative thereto: Thence N76°54'30"W, a distance of 1679.09 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning, Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478 51 feet, having a radius of 919.44 feet, through a central angle of 29049'08" and which chord bears N17020'36"W, a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87°33'58"E.. a distance of 19.00 feet, Thence along the arc of a non -tangent curve to the left, 468.62 feet, having a radius of 900.44 feet, through a central angle of 29°49'08" and which chord bears S1 7020'36"E. a distance of 463.35 feet; Thence S57°44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54'30"E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Section 2. Conditions. A utility easement shall be reserved over the property hereby vacated. Section 3. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 28, 2016 at 7:00 o'clock p.m. in the Council Chambers, 7500 West 29"Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 28th day of March 2016. SIGNED by the Mayor on this U ATTESTA* * W H E,4 DEA OCOR 4)LiiiI(' Ile Shaver, City Clerk 28th, day of March 2016. Y, Apved!,Os o Form: Gerald Dahl, City Attorney 151 publication: February 25, 2016 2nd publication -March 31, 2016 Wheat Ridge Transcript: Effective Date: April 15, 2016 EXHIBIT A SHEET 1 OF 2 A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the South Quarter Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear S89°59'56"W, with all bearings herein relative thereto; Thence N76°54'30"W, a distance of 1679.09 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street, said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29°49'08" and which chord bears N17°20'36"W, a distance of 473.13 feet the Northeast Corner of said Lands described at Reception No. 452756, Thence N87°33'58"E, a distance of 19.00 feet; Thence along the arc of a non -tangent curve to the left, 468.62 feet, having a radius of 900.44 feet, through a central angle of 29°49'08" and which chord bears S17°20'36"E, a distance of 463.35 feet; Thence S57°44'50"W, a distance of 19.00 feet to the Point of Beginning. Containing 8998 square feet or 0.207 acres, more or less. Cameron M. Watson, PLS �4 1 Colorado License No. 38311 C1._i► . i For and on behalf of Point Consulting, LLC 8341 Sangre De Cristo Rd, #102 Littleton, CO 80127 (720) 258-6836 cwatson@pnt-Ilc.com W: I SANG KL Dt UIEWV WD, # IU1DATE LITTLETON. CO 80127 ROW VACATION -EXHIBIT DESCRIPTION 01.21.16 ORIGINAL PREPARATION 72020-258-6836 Point Csnsulting, LLC —pint -11c.— MARSHALL STREET STORAGE 03.1 S.Ib TECHNICAL REVISIONS ENGINEERING LANDS uNDsc DAP S ARcBrteIuRe LAND SURVEYNGa WHEAT RIDGE. COLORADO JOB NO. I5.01.002 SHEET 1/:' p�NER' C PBgpS PS gE \SPBp5�553 jN REC Np • $0 OWNER: MARSHALL -76 LLC REC. NO. 452756 8,998 SQ. FT. - 0.207 ACRES ± EXHIBIT A SHEET 2 OF 2 N87°33'58"E 19.00' R=919.44' 02949'08" L=478.51' CHB=N17°20'36"W C H L=473.13' R=900.44' 029°49'08" L=468.62' CHB=S17°20'36"E CHL=463.35' l 0 50 100 SCALE 1" = 100' POINT OF—`\\��(G� /-157°44'50"Wp0 ttGE 19.00' ' j yo '�•. �i . BEGINNING :3 30311 U N� o OWNER: m GSl3 ,, MARSHALL -76 LLC a IV 1 REC. NO. 900244056 90 , 9 /T,PJ SLINE SWI/4 SEC 13/ BASIS OF BEARING SW COR S89'59'56"W 2647.17' — POINT OF SEC 13 pF �E4% OF SEAT COMMENCEMENT FND. 3.25" ��y \1 132 1 �j� LS 13212/� SOUTH 1/4 DIAM. BRASS �' �' 1985 F COR SEC 13 CAP STAMPED S 14 S 13 5 13 FND. 3.25" AS SHOWN cn S 23 S 24 ~ S o 24 DIAM. BRASS CAP STAMPED T3S R69W AS SHOWN L 1984 4` Fy MONJ 8341 SANGRE DE CRISTO RD. 4102 ROW VACATION - EXHIRII DATE _ DESCRIPTION LITTLETON. CO 80127 01.21.16 ORIGINALPREPARAIION 720-258-6836 03-15.16 TECHNICAL REVISIONS Point Consulting, LLC """°"P°' lIc.com MARSHALL STREET STORAGE PLAIVHI-E-1 EERING EA NDSgCAV E ARCHI"TECTURE D WHEAT RIDGE. COLORADO 5T-1 ". J08 NO. 15.01.002 SHEET 212 City of ]�qrWh6atR�gge ITEM NO: of - DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACTION � ' ter• � ,`--� TITLE: COUNCIL COUNCIL BILL NO. 04-2016 - AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET RIGHT- OF-WAY, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV -16-01) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 15T READING (02/22/16) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2" READING (03/28/16) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES NO r AA)vw Public Works D ector City Manager ISSUE: The request is for approval of a right-of-way vacation of the western 19 feet of Marshall Street. This portion of Marshall Street is undeveloped and it is not necessary to retain for any future public use. PRIOR ACTION: The Planning Commission recommended approval of the request at a public hearing on February 18, 2016. The staff report and minutes of the meeting from the Planning Commission public hearing are attached. FINANCIAL IMPACT: The vacation will have no financial impact on the City; however the City will receive property tax revenues generated by the improvements on the adjacent property when it develops. Council Action Form Vacation of ROW on Marshall Street March 28. 2010 Page 2 BACKGROUND: The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. On March 3. 201 a Planned Building Group request was approved during a public hearing before the Planning Commission. As part of the staff review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now. nor should it be in the future. The existing ROW width in this location is 110 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When 1-70 and 1-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by Ordinance following public hearings before the Planning Commission and the City Council. If the right-of-way is vacated. it will vest with the ownership of 4901 Marshall Street. RECOMMENDED MOTION: "1 move to approve Council Bill No. 04-2016, an ordinance approving the vacation of the western 19 feet of Marshall Street adjacent to 4901 Marshall Street on second reading and that it take effect 15 days after final publication, for the following reasons: 1. The Public Works Department does not see any future needs for this Right -of - Way. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met." Or, "I move to deny Council Bill No. 04-20 1 h. an ordinance approving vacation of the western 19 feet of Marshall Street adjacent to 4901 Marshall Street for the following reason(s) Council Action Foran - Vacation of ROW on Marshall Street March 28, 2010 Page 3 REPORT PREPARED BV; Lisa Ritchie, Planner 11 Scott Brink. Public Works Director Kenneth Johnstone. Community Development Director Patrick Goff; City Manager ATTACHMENTS: 1. Council Bill No. 04-2016 2. Staff Report 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV -16-01 / MARSHALL STREET VACATION) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for right-of-way vacation; and, WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, 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. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following portion of Marshall Street, a dedicated street within the City of Wheat Ridge, County of Jefferson. State of Colorado, is hereby vacated: A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear N89059'56"E. with all bearings herein relative thereto; Thence N69�23'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29049'08" and which chord bears N17°20'36"W, a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87°33'58"E, a distance of 19.00 feet: Thence along the arc of a non -tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a central angle of 29°49'08" and which chord bears S17°20'36"E, a distance of 463.35 feet; Attachment 11 Thence S57'44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54'30°E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Section 2. Conditions. A utility easement shall be reserved over the property hereby vacated. Section 3. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflictina Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22r' day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 28, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 2016. SIGNED by the Mayor on this day of , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 15! publication: February 25, 2016 2n° publication: Wheat Ridge Transcript: Effective Date: PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION December 3, 2015 Case No. WV -16-01: an application filed by the City of Wheat Ridge for approval of a vacation of 19 -feet of Marshall Street Right -of -Way for property located at 4901 Marshall Street. (Please print) Name Address 17 v Nam Jn 6,q� �j c) -h-,, � 6 -. In Favor/Opposed r- City of �Wheatfklj COMMUNITY DEVELOPMENT we CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: Lisa Ritchie February 18, 2016 VW -16-01 / Marshall Street Partial Right -of -Way Vacation Approval of a vacation of the western 19 feet of Marshall Street LOCATION OF REQUEST: Approximately 4901 Marshall Street PROPERTY OWNER: APPROXIMATE AREA: City of Wheat Ridge 8,998 square feet (0.207 acres) PRESENT ZONING: Industrial -Employment COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP Attachment 2 1. REQUEST This application is for approval to vacate a portion of unused right-of-way (ROW) for Marshall Street. The portion of ROW in question consists of the western 19 feet of Marshall Street. 11. DESCRIPTION The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. Staff is currently reviewing a Planned Building Group application to be considered by Planning Commission at a future Public Hearing. As part of the review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is 110 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When 1-70 and 1-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally. and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by Ordinance following public hearings before the Planning Commission and the City Council. If the right-of-way is vacated, it will vest with the ownership of 4901 Marshall Street. (Exhibit 1. Vacation Exhibit and Legal Description; Exhibit 2. Zoning Map: Exhibit 3, Aerial Photo; Exhibit 4. Site Photo) 111. VACATION CRITERIA Before a street ROW vacation is approved, the applicant shall show and City Council shall make the following determinations which are found in Section 26-118 — Right-gf-fty Vacations: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. Access to the property adjacent is not compromised as Marshall Street at this portion of the ROW is not developed and has no public improvements. The new property line that will be created by the approval of the vacation will remain adjacent to Marshall Street. Stgff concludes that this criterion has been met. Planning Commission WV -16-01 1 Marshall Strcet Right -of -Way Vacation 2. That the proposed vacation is in conformity with the most recently enacted goalsand policies of the transportation section of the current Comprehensive Plan of the City of Wheat Ridge. The vacation of the western 19 feet of the Marshall Street ROW does not impact the goals of the Comprehensive Plan. Marshall Street is not specified for any future improvements outlined in the plan, nor are any improvements called for in the City's Bicycle and Pedestrian Plan that cannot be accommodated within the ROW that will remain. Sta.f concludes that this criterion has been met. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There will not be a negative impact on the infrastructure of the City of Wheat Ridge. Existing utilities will remain within the resulting ROW or within easements. Staff concludes that this criterion has been met. 4. That adequate easements have been reserved for use and/or maintenance by the cite or other utility agencies. An application for a plat is under review by staff. A utility easement is proposed for the front 10 feet along the new proposed property line to accommodate utilities. The newly vacated ROW will be incorporated into this property via the plat. Staff concludes that this criterion is has been met. Staff concludes that the criteria used to evaluate right-of-way vacations support this request. !V. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No concerns. Wheat Ridge Fire Protection District: No counments. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: All comments have been addressed. Wheat Ridge Public Works recommends approval. Planning Commission WV -16-01 Marshall Street Right -of -Way Vacation Westridge Sanitation District: Requests that an easement he reserved for utilities. if any. No concern with the vacation request. Xcel Energy: Requests that a utility easement he reserved for utilities. No concern N ith the vacation request. Comments received relate only to the vacation request. A separate referral process will occur for the proposed redevelopment. V. STAFF CONCLUSIONS AND RECOMI%IENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. There will not be a negative impact to the City's infrastructure. Because the vacation criteria support the zone change request, staff recommends approval of Case No, Vl. SUGGESTED MOTIONS Option A: "1 stove to recommend APPROVAL of Case No. WV -16-01. a request for approval of right- of-way vacation of an unused portion of Marshall Street. for the following reasons: 1. The Public Works Department does not see any future needs for this ROW. ?. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met." Option B' "I move to recommend DENIAL of Case No. WV -16-01. a request for approval of a right-of- way vacation of an unused portion of Marshall Street. for the following reasons: 2 Planning Commission 4 WV -16-01 Marshall Street Right -of -Way Vacation Exhibit 1 — Vacation Exhibit and Legal Description OvNE{tt, AggO` J'jr�aMA5 NO 8 5 553 8998 SQ, FT. 0.207 ACRES i OWNER: MARSHALL -76 LLC REC. NO. 452756 R=919.44' 029'49'08" L=985.13' CHB--N17.20'36"W CHL=473.13' EXHIBIT A SHEET 2 OF 2 N87.33'58"E 19.00' R=900.44' 029'49'08" t=985.13' CH8--S17°20'36"E CHL= -463.35' 2i Z f POINT OF BEGINNING Q,��, OWNER, p �� RSHALL-76 LLC a �69.13a� C. NO. 9002440S b � wr. r - uar 55 7'44'50" W 19.00' Planning Commission 5 W'N'-1t1-01 , Marshall Street Right -of -Way Vacation LINE SWI/4 SEC 13/ BASIS OF BEARING --_--_--_--S SEC 13 swCOR0SFth N89'59'56"E 2647.17' --_--_ --� SOUTH V4 CDRSEC 13 FND.3,25' A R���jj, ��yLS13222fND.325' DIAM. BNASSr" 1985 �DIAM. BRASS CAPSTAMPED S 13 P STAMPED ASSHOWN tASSHOWN +'` Planning Commission 5 W'N'-1t1-01 , Marshall Street Right -of -Way Vacation LEGAL. DESCRIPTION A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of' the 6th Principal Meridian. City of Wheat Ridge. County of Jefferson. State of Colorado. more particularly described as follows: Commencing at the Southwest Corner of said Section 13. and considering the South Line of said Southwest Quarter to bear N89°59'56"E. with all bearings herein relative thereto, Thence N69°23'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet. through a central angle of 29°49'08" and which chord bears N i 7°20'36"W. a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87033'58"E. a distance of 19.00 feet; Thence along the arc of a non -tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a central angle of 29049'08" and which chord bears S 17°20' 36"E, a distance of 463.35 feet; Thence S57°44'50" W. a distance of 19.00 feet to the Point of Beginning Whence the South Quarter of' said Section 13 bears S76°54'30"E, a distance of 167().09 feet. Containing 8998 square feet or 0.207 acres, more or less. Planning Commission 6 WV -16-01 Marshall Street Rieltt-of-Way Vacation Planning Commission WV -16-01 1 Marshall Street Right -of -Way Vacation Eh.iOR- iOEZiUi OF FENi7I NG CU2ATSAND : imace STACK: " N 4' City of i��Wheatldge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29« Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) February 3, 2016 Dear Property Owner / Current Resident: This is to inform you of Case No. NW -16-01, a request of a Right -of -Way Vacation for an unused portion of Marshall Street adjacent to the property at 4901 Marshall Street. The existing Marshall Street consists of 110 feet of right-of-way. The request is to vacate the western 19 feet of right-of-way. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Plannins Commission February 18, 2016 nu, 7:00 p.m., City Council March 28, 2016 aA 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. www.ci.wheatridge.co.0 s Vicinity Map y ..-®rmoccm. `_ i-� .' 4y 4W t st Id r f ° 4 ry AVe A W V 1601.doc PUBLIC: FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Vivian Vos 6920 W. 47'" Place Ms. Vos asked if property line extends to the center of the street like zone district lines do. Ms. Ritchie explained that the zone district and the property lines are two different boundaries and the property line does not extend to the middle of the street. Ms. Vos then asked how a zone district impacts a property. Chair BUCKNAM explained the zone district determines what you are allowed to use the property for. Chair BUCKNAM and Ms. Ritchie stated the zone district going to the center line gives a good reference point. Ms. Vos wanted to confirm that the zone district going to the center line does not apply to anybody's property rights. Ms. Ritchie confirmed it does not. 7. PUBLIC HEARING A. Case No. WV -16-01: an application filed by The City of Wheat Ridge for approval of a vacation of the western 19 feet of Marshall Street located approximately at 4901 Marshall Street. Ms. Ritchie gave a brief presentation regarding the vacation of a Right -of -Way (ROW) and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Ritchie stated the current ROW is 110 -feet and the City will retain 91 -feet, which is adequate for all future anticipated improvements such as detached sidewalks and an amenity zone. Ownership of the vacation will vest with 4901 Marshall Street. It is also timed with a proposed redevelopment to be heard by Planning Commission and scheduled for March 3. Ms. Ritchie also explained that agency referrals were notified and there were no comments other than requests for easements for existing utilities which have been identified on the plat. Staff also concludes that the determinations found in Section 26-118 to approve a ROW vacation have been met. Commissioner DORSET' wanted to know where the easements will be located. Planning Commission Minutes February 18, 2016 Atttachment 3 -2- Ms. Ritchie explained it will be on private property and has been reserved on the plat document. Commissioner TIMMS asked for the current classification of Marshall Street. Mr. Brink stated it is Minor Arterial. Commissioner TIMMS asked if 91 -feet is consistent for a cross section of a Minor Arterial. Mr. Brink stated it is actually a tittle wider than what is needed and consistent with any other improvements that will be done in the future. Commissioner TIMMS asked if this is the only vacation being requested on Marshall Street and should it be extended to the properties to the North and South. Ms. Ritchie explained this is the only property scheduled for redevelopment so the other properties were not included. Commissioner TIMMS also wanted to know if there were any underground lines that could he affected by this ROW vacation and the new amenity zone, specifically trees being planted in the amenity zone. Ms. Richie stated there is no storm sewer but there is a drainage ditch that will be accommodated by a similar swale and there are trees proposed for the amenity zone; no lines should interfere with the planting of trees and it will comply with the Street Scape Manuals. Chair BUCKNAM stated he would like staff to harmonize Marshall Road from Harlan to the Northern end of the Wheat Ridge boundary. It would be nice to have a unified width for bike/ped traffic especially since the Clear Creek Path is so close. He stated he would like to see current and future businesses unify to make this happen. Mr. Brink added there have been discussions with the City of Arvada to connect bike paths to get to the Clear Creek Trail. Vivian Vos 6920 W. 47't' Place Ms. Vos stated this is an educational process for her and she needs a better understanding of a ROW and the vacation of this ROW. Mr. Brink explained the definition of a ROW is public use, owned by the City and it is used for roadways, sidewalks, drainage and utilities. He also stated the ROW goes from one property line to the next property line across the street; it is not from the Planning Commission Minutes -3— February 3— February 18, 2016 center line of the road. For this case. he explained. a measurement ol' 55-leet earl be dune from the center line in one direction toward the property line. Mr. Brink stated that the vacation of 19 -feet is based on the future use of this property plus the City improvements to die road and addition of a bike/ped path. Ms. Vos asked why the City is giving up 19 -feet of ROW and who will maintain the weeds and grass. Mr. Brink stated that if the City doesn't want to maintain excess ROW then it can be donated to the property owner, which is done quite frequently. It is then up to the property owner to maintain the ROW they acquired. Ms. Vos asked how she can find out if there is a ROW on her property. Both Mr. Brink and Chair BUCKNAM explained that each property is unique and different in locating the ROW and the City's Planner office would need to be contacted to figure it out. It was moved by Commission TIMMS and seconded by Commissioner Ohm to recommend APPROVAL of Case No. W%' -I"1. A request for approval of a right-of-way vacation of an unused portion of Marshall Street, for the following reasons: 1. The Public Works Department does not see any future needs for their RONV. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Pian or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met. Motion Passed 7-0. 8. OTHER ITEMS A. Extended Shoulder Width on 32"a Avenue by the High School Commissioner OHM and Chair BUCKNAM stated they are enjoying the new shoulder with on 32nd Avenue west from Wadsworth Bled. B. Public Works Update Mr. Brink gave a brief description about different projects happening in the city. most of which are paving projects but also slurry and drainage projects. The map is posted on the website by searching 2016-2017 CIP Program. Planning Commission Minutes -4 - February 18. 2016 k_ �-/p -/�' 1. PUBLIC HEARING A. Case No. WV -16-01: an application filed by The City of Wheat Ridge for approval of a vacation of the western 19 feet of Marshall Street located approximately at 4901 Marshall Street. Ms. Ritchie gave a brief presentation regarding the vacation of a Right -of -Way (ROW) and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Ritchie stated the current ROW is 110 -feet and the City will retain 91 -feet, which is adequate for all future anticipated improvements such as detached sidewalks and an amenity zone. Ownership of the vacation will vest with 4901 Marshall Street. It is also timed with a proposed redevelopment to be heard by Planning Commission and scheduled for March 3. Ms. Ritchie also explained that agency referrals were notified and there were no comments other than requests for easements for existing utilities which have been identified on the plat. Staff also concludes that the determinations found in Section 26-118 to approve a ROW vacation have been met. Commissioner DORSEY wanted to know where the easements will be located. Ms. Ritchie explained it will be on private property and has been reserved on the plat document. Commissioner TIMMS asked for the current classification of Marshall Street. Mr. Brink stated it is Minor Arterial. Commissioner TIMMS asked if 91 -feet is consistent for a cross section of a Minor Arterial. Mr. Brink stated it is actually a little wider than what is needed and consistent with any other improvements that will be done in the future. Commissioner TIMMS asked if this is the only vacation being requested on Marshall Street and should it be extended to the properties to the North and South. Ms. Ritchie explained this is the only property scheduled for redevelopment so the other properties were not included. Commissioner TIMMS also wanted to know if there were any underground lines that could be affected by this ROW vacation and the new amenity zone, specifically trees being planted in the amenity zone. Ms. Richie stated there is no storm sewer but there is a drainage ditch that will be accommodated by a similar swale and there are trees proposed for the amenity zone; no lines should interfere with the planting of trees and it will comply with the Street Scape Manuals. Chair BUCKNAM stated he would like staff to harmonize Marshall Road from Harlan to the Northern end of the Wheat Ridge boundary. It would be nice to have a unified width for bike/ped traffic especially since the Clear Creek Path is so close. He stated he would like to see current and future businesses unify to make this happen. Mr. Brink added there have been discussions with the City of Arvada to connect bike paths to get to the Clear Creek Trail. Vivian Vos 6920 W. 47`x' Place Ms. Vos stated this is an educational process for her and she needs a better understanding of a ROW and the vacation of this ROW. Mr. Brink explained the definition of a ROW is public use, owned by the City and it is used for roadways, sidewalks, drainage and utilities. He also stated the ROW goes from one property line to the next property line across the street; it is not from the center line of the road. For this case, he explained, a measurement of 55 -feet can be done from the center line in one direction toward the property line. Mr. Brink stated that the vacation of 19 -feet is based on the future use of this property plus the City improvements to the road and addition of a bike/ped path. Ms. Vos asked why the City is giving up 19 -feet of ROW and who will maintain the weeds and grass. Mr. Brink stated that if the City doesn't want to maintain excess ROW then it can be donated to the property owner, which is done quite frequently. It is then up to the property owner to maintain the ROW they acquired. Ms. Vos asked how she can find out if there is a ROW on her property. Both Mr. Brink and Chair BUCKNAM explained that each property is unique and different in locating the ROW and the City's Planner office would need to be contacted to figure it out. It was moved by Commission TIMMS and seconded by Commissioner Ohm to recommend APPROVAL of Case No. WV -16-01. A request for approval of a right-of-way vacation of an unused portion of Marshall Street, for the following reasons: 1. The Public Works Department does not see any future needs for their ROW. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met. Motion Passed 7-0. City of W heat�idge POSTING CERTIFICATION CASE NO. WV -16-01 CITY COUNCIL HEARING DATE: I, residing at as the applicant for Case No. Public Hearing at Lisa Ritchie (name) 7500 W. 29th Ave (address) WV -16-01 March 28, 2016 hereby certify that I have posted the Notice of 4901 Marshall St (location) on this 12th day of March 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: 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 Community Development Department. MAP "I �Citvy of W heat 1,090 PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on February 18, 2016]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of WheatMidge n, pvoo", U ' _0 /1 ITEM NO: DATE: February 22, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2016 - AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV-16-01/MARSHALL STREET VACATION) ❑ PUBLIC HEARING ® ORDINANCES F1sT READIN (02/22/16) ❑ BIDS/MOTIONS ❑ ORDINANCES F 2ND READING (03/28/16) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO 1161,1144a,114 Public Workirecior City Manager ISSUE: The request is for approval of a right-of-way vacation of the western 19 feet of Marshall Street. This portion of Marshall Street is undeveloped and is not necessary to retain for any future public use. PRIOR ACTION: The Planning Commission will be reviewing this request at a public hearing scheduled for February 18, 2016. The staff report and minutes of the meeting will be included with the ordinance for second reading FINANCIAL IMPACT: The vacation will have no financial impact on the City, however the City will receive property tax revenues generated by the improvements on the adjacent property when it develops. Council Action Form February 22, 2016 Page 2 BACKGROUND: The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. Staff is currently reviewing a Planned Building Group application to be considered by Planning Commission at a future public hearing. As part of the review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is 110 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When I-70 and 1-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by ordinance following public hearings before the Planning Commission and the City Council. If the ROW is vacated, it will vest with the ownership of 4901 Marshall Street. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2016, an ordinance vacating the western 19 feet of Marshall Street, adjacent to 4901 Marshal Street within the City of Wheat Ridge, County of Jefferson, State of Colorado on first reading, order it published, public hearing set for Monday, March 28, 2016 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 04-2016, an ordinance vacating the western 19 feet of Marshall Street, adjacent to 4901 Marshall Street for the following reason(s) km REPORT PREPARED BY; Lisa Ritchie, Planner II Scott Brink, Public Works Director Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2016 INTRODUCED CITY OF WHEAT RIDGE BY COUNCIL MEMBER COUNCIL BILL NO. 04 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON , STATE OF COLORADO (CASE NO. WV -16-01 / MARSHALL STREET VACATION) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for right-of-way vacation; and, WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, 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. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following portion of Marshall Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear N89059'56"E, with all bearings herein relative thereto; Thence N69023'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29049'08" and which chord bears N17°20'36"W, a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87033'58"E, a distance of 19.00 feet; Thence along the arc of a non -tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a central angle of 29049'08" and which chord bears S1 7020'36"E, a distance of 463.35 feet; ATTACHMENT I Thence S57°44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54'30"E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Section 2. Conditions. A utility easement shall be reserved over the property hereby vacated. Section 3. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of —to _ on this 22nd day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 28, 2016 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: WV -16-01 Marshall Street Right -of -Way Vacation Approval of a right-of-way vacation for the western 19 feet of Marshall Street at approximately 4901 Marshall Street Planning Commission February 18, 2016 W l ;RID � = cm I m PCD Current Zoning arv�CM Nkx X Aerial : 4901 Marshall Street Aerial : 4901 Marshall Street Comprehensive Plan —Structure Plan and Transportation Plan Vacation Request • Current ROW is 110;-0" the City will retain 91'-0'; which is adequate for all future anticipated improvements; • Timed with adjacent redevelopment; • Future improvements anticipated with redevelopment include detached sidewalk and amenity zone. • Ownership will vest with 4901 Marshall Street. Background • Current right-of-way is 110'-0"; • Right-of-way was acquired when the City was incorporated, formerly a CDOT state highway, • For comparison: — Wadsworth at City Hall =110'-0" — 38' at Sprouts = 80'-0" • Bicycle and Pedestrian Plan: — 88'-0" = 5 -Lane Arterial — 72'-0" = 3 -Lane Arterial with Bike Lanes. I s W M1 fir,. r,,,' �. �• ." � �`� �� Marshall Street, looking south Agency Referrals The following referral responses were provided • Wheat Ridge Water: No objections. • Wheat Ridge Sanitation: Requests an easement for existing utilities • Xcel Energy: No objections. • Wheat Ridge Public Works: Supports the vacation. Staff Recommendation Staff concludes: — Will not leave any adjoining land without access; — In conformity with enacted goals and policies; — Will not have a negative impact on the infrastructure of the City; — Adequate easements will be reserved for use and/or maintenance by the city and utility agencies. Staff, including the Planning Department and Public Works, recommends APPROVAL of the request Criteria for Approval Section 26-118: Vacation by Ordinance • Will not leave any adjoining land without access to an established public right-of-way; • In conformity with the most recently enacted goals and policies of the transportation section of the Comp Plan; • Will not have a negative impact on the infrastructure of the City; • Adequate easements have been reserved for use and/or maintenance. ♦�A41 City of "� Wheat go COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE MANAGER: Lisa Ritchie February 18, 2016 WV -16-01 / Marshall Street Partial Right -of -Way Vacation Approval of a vacation of the western 19 feet of Marshall Street Approximately 4901 Marshall Street City of Wheat Ridge 8,998 square feet (0.207 acres) Industrial -Employment Employment CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP I. REQUEST This application is for approval to vacate a portion of unused right-of-way (ROW) for Marshall Street. The portion of ROW in question consists of the western 19 feet of Marshall Street. II. DESCRIPTION The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. Staff is currently reviewing a Planned Building Group application to be considered by Planning Commission at a future Public Hearing. As part of the review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is 110 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When I-70 and I-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by Ordinance following public hearings before the Planning Commission and the City Council. If the right-of-way is vacated, it will vest with the ownership of 4901 Marshall Street. (Exhibit 1, Vacation Exhibit and Legal Description; Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Site Photo) III. VACATION CRITERIA Before a street ROW vacation is approved, the applicant shall show and City Council shall make the following determinations which are found in Section 26-118 — Right -of -Way Vacations: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. Access to the property adjacent is not compromised as Marshall Street at this portion of the ROW is not developed and has no public improvements. The new property line that will be created by the approval of the vacation will remain adjacent to Marshall Street. Staff concludes that this criterion has been met. Planning Commission 2 WV -16-01 / Marshall Street Right -of -Way Vacation 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. The vacation of the western 19 feet of the Marshall Street ROW does not impact the goals of the Comprehensive Plan. Marshall Street is not specified for any future improvements outlined in the plan, nor are any improvements called for in the City's Bicycle and Pedestrian Plan that cannot be accommodated within the ROW that will remain. Staff concludes that this criterion has been met. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There will not be a negative impact on the infrastructure of the City of Wheat Ridge. Existing utilities will remain within the resulting ROW or within easements. Staff concludes that this criterion has been met. 4. That adequate easements have been reserved for use and/or maintenance by the city or other utility agencies. An application for a plat is under review by staff. A utility easement is proposed for the front 10 feet along the new proposed property line to accommodate utilities. The newly vacated ROW will be incorporated into this property via the plat. Staff concludes that this criterion is has been met. Staff concludes that the criteria used to evaluate right-of-way vacations support this request. IV. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No concerns. Wheat Ridge Fire Protection District: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: All comments have been addressed. Wheat Ridge Public Works recommends approval. Planning Commission WV -16-01 / Marshall Street Right -of -Way Vacation Westridge Sanitation District: Requests that an easement be reserved for utilities, if any. No concern with the vacation request. Xcel Energy: Requests that a utility easement be reserved for utilities. No concern with the vacation request. Comments received relate only to the vacation request. A separate referral process will occur for the proposed redevelopment. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. There will not be a negative impact to the City's infrastructure. Because the vacation criteria support the zone change request, staff recommends approval of Case No. WV -16-01. VI. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WV -16-01, a request for approval of a right- of-way vacation of an unused portion of Marshall Street, for the following reasons: 1. The Public Works Department does not see any future needs for this ROW. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met." Option B• "I move to recommend DENIAL of Case No. WV -16-01, a request for approval of a right-of- way vacation of an unused portion of Marshall Street, for the following reasons: Planning Commission 4 WV -16-01 / Marshall Street Right -of -Way Vacation Exhibit 1 — Vacation Exhibit and Legal Description EXHIBIT A SHEET 2 OF 2 Ow'l-l" PP?,$OS I N87°33'58"E IH S NO gp05X553 19.00' 8998 SQ. FT. \ 0.207 ACRES ± L=985.13' R=900.44' OWNER:029°49'08" MARSHALL -76 LLCVCHL=463.35' L=985.13' REC. NO. 452756CHB=S17°20'36"E FND.3.25" y iQ/ �� �S I2 Qi y M�—�n��'v�'R ��JQyLS13212�?� R=919.44' \ 029°49'08" L=985.13' 1-'pIII- CHB=N17°20'36"W CHL=473.13 'o SOUTH 1/4 COR SEC 13 FND.3.25" POINT OF BEGINNING �pg0• OWNER: p MARSHALL -76 LLC K z �� REC. NO. 90024405 a so too SCALE 1— too' S57°44'50"W 19.00' Sg3o �L 16� 909 Planning Commission 5 WV -16-01 / Marshall Street Right -of -Way Vacation S LINE SWI/4 SEC 13/ BASIS OF BEARING N89°59'56"E 2647.17' -� SW COR SEC 13 OFT SOUTH 1/4 COR SEC 13 FND.3.25" y iQ/ �� �S I2 Qi y M�—�n��'v�'R ��JQyLS13212�?� FND.3.25" DIAM. BRASS O F O `� 1985 F DIAM. BRASS CAP STAMPED S 14 S 13 S 13 CAP STAMPED ASSHOWN v S23 S24 ~ 524 AS SHOWN � T35 R69W G 1984 Fy MONS Planning Commission 5 WV -16-01 / Marshall Street Right -of -Way Vacation LEGAL DESCRIPTION A portion of the Southwest One -Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear N89°59'56"E, with all bearings herein relative thereto; Thence N69°23'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right -of -Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right -of -Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29°49'08" and which chord bears N17°20'36"W, a distance of 473.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N87°33'58"E, a distance of 19.00 feet; Thence along the arc of a non -tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a central angle of 29°49'08" and which chord bears S17°20'36"E, a distance of 463.35 feet; Thence S57°44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54'30"E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Planning Commission 6 WV -16-01 / Marshall Street Right -of -Way Vacation Planning Conunission WV -16-01 / Marshall Street Right -of -Way Vacation ERROR: ioerror OFFENDING COMMAND: image STACK: City of _,,,o�;rWheat�idge POSTING CERTIFICATION CASE NO. WV -16-01 PLANNING COMMISSION HEARING DATE: February 18, 2016 I, residing at as the applicant for Case No. Public Hearing at Lisa Ritchie (name) 7500 W. 291h Ave (address) WV -16-01 hereby certify that I have posted the Notice of 4901 Marshall St (location) on this 3rd day of February 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. j Signature: 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 Community Development Department. MAP City of W heat "11 9C PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on February 18, 2016]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. -]' City of W heat Qdgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WV -16-01 Date of Planning Commission hearing: February 18, 2016 Date of City Council hearing: March 28, 2016 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 11 letters on February 3, 2016 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature -71—, --� Date: 1� -,a - / L City of Wheat jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 303.235.2857 February 3, 2016 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: LETTER NOTICE (As required pursuant to Code Section 26-109.1)) Dear Property Owner / Current Resident: This is to inform you of Case No. WV -16-01, a request of a Right -of -Way Vacation for an unused portion of Marshall Street adjacent to the property at 4901 Marshall Street. The existing Marshall Street consists of 110 feet of right-of-way. The request is to vacate the western 19 feet of right-of-way. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission February 18, 2016 A 7:00 p.m., City Council March 28, 201664) 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. iNitNN.ci.w heatridge.coms Vicinity Map WV 1601.doc ABBOTT THOMAS L & ISABEL B & B HEATING AND AIR DEWITT RICK R 10780 W 35TH AVE CONDITIONING INC 6757 W WOODS CIR WHEAT RIDGE CO 80033 4892 MARSHALL ST ARVADA CO 80007 WHEAT RIDGE CO 80033 EDPEARL LLC 22993 VALLEY HIGH RD MORRISON CO 80465 NOMAD LAWN & PROPERTY MAINTENANCE LLP % HENSLEY 32 SKYLINE DR WHEAT RIDGE CO 80215 STEFANICH DAVID A 6300 W 49TH DR B WHEAT RIDGE CO 80033 KIPER LLOYD R KIPER PENNY 8705 W ELMHURST AVE LITTLETON CO 80128 OSBORN DONALD CARL OSBORN JANICE F 2927 BENTON ST WHEAT RIDGE CO 80214 MARSHALL 76 LLC PO BOX 247 EASTLAKE CO 80614 ROYAL INVESTMENT ENTERPRISES LLC 4896 MARSHALL ST WHEAT RIDGE CO 80033 Ai 91 City of ]qrWh6atPs�iLdgc ADMINISTRATIVE PROCESS APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Type of Action Requested: Right -of -Way Vacation Initiated by: City of Wheat Ridge 7500 W. 291h Avenue Wheat Ridge, CO 80033 Contact: Scott Brink, Public Works Director 303-235-2860 sbrink@ci.wheatridge.co.us Location of request (address): 4901 Marshall Street, Wheat Ridge, CO 80033 Legal Description of Proposed Right -of -Way Vacation: See Right -of -Way Vacation Exhibit Name of the Original Conveyance Document: Accepted by the City of Wheat Ridge from Jefferson County by operation of law when the City was incorporated in 1969. Name and Addresses of Property Owners Adjacent to or Otherwise Affected by the Vacation Marshall -76, LLC, 12460 1" Street, PO Box 247, Eastlake, CO 80614 Summary of Request: The vacation of 19 feet of Marshall Street right-of-way. BN To be filled out by staff: Date received Comp Plan Design. Related Case No. Current Zoning Hr,. I 2016 Fee $ Assessor's Parcel No. Pre -App Mtg. Date Current Use Case No. Quarter Section Map Case Manager Size (acres or sgft) _