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LZ 00S 910 3.lt,al.os Z 99 L 1£'1 3 ON1NV38 30 SISVB '1J'OS C66Z9 \ S3210V 4l'0 N' 031 VOVA 38 01 133W S d377/?V 30 NOU &Od _ a W W w70 W � =oar �yalz a�i aa <W wo wQ JR o aZ Noat 3F (gyp �>W��Q r -W656 NW 6 6 (i ZiE K w0. 0: � a W 2018083439 9/1112018 8:53 AM PGS 4 $28.00 DF $0.00 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 N CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 23 ORDINANCE NO. 1654 Series 2018 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-01/ROUSH INDUSTRIES) WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, the Miller Street right-of-way between Ridge Road and West 52nd Avenue was realigned pursuant to dedication on the Arvada Ridge plat recorded on December 14, 2004; and WHEREAS, Miller Street between Ridge Road and West 52nd Avenue was reconstructed to the new alignment in 2006; and WHEREAS, a portion of right-of-way from the now obsolete Miller Street alignment is unneeded for public roadway purposes; and WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and WHEREAS, pursuant to the. authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of. the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and WHEREAS, the portion of the Miller Street right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference, and WHEREAS, no property abutting said public roadway will be left without an established public road or private -access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:. Section 1. Vacation. To the extent of any City interest therein, the following portion of the, Ridge Road right-of-way is hereby., vacated, the same being no longer required for public use and the public interest will be served by such vacation, as more particularly, described on the attached Exhibit A. Section 2. Severability, Conflicting Ordinances Repealed.. If any section, subsection or clause of this 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 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect fifteen (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 7 to 0 on this 13th day of August, 2018, 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 September 10, 2018 at 7:00 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 7 to 0 , this 10th day of September , 2018. SIGNED by the Mayor on this loth day of September , 2018. ATTEST: J�re�tl� 5h�'r; �itq-C—lerk First Publication: August 16, 2018 Second Publication: September 13, 2018 Wheat Ridge Transcript Effective Date: September 28, 2018 09(4 - Bud Starker, Ma or OF W H E4,)- P- 0 qTP- U SEAL. ��LORA�O Approv to Form Gerald E. Dahl, City Atto ney Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Exhibit A Legal description: A PORTION OF MILLER STREET RIGHT-OF-WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEARS S 00012'11" E, FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00°12'11" E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00°12'11" E A DISTANCE OF 146.55 FEET TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89°33'02" W ALONG SAID, NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00°12'11" W A DISTANCE OF 219.20 FEET; THENCE N 00012'53" W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 17044'49", A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09005'23" W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 S.Q.FT. 10.14 ACRES MORE OR LESS FOEMIT RIGHT OF WAY TO BE VACATED I REC.x nW962 NO7E UE Ott OF IMEAT RODE HMtW RESERVES A ORAINAW AND URUIY EA:HHNT ouo7 TIR tEnRr+e7Y OF 7K POR7ION OF YLLIFII SHUXT RGHTZ-WAY PROPOM FOR VWATCM.' N 714994.36 E 109156.25 ALE COR SE 1/4 AFE 114 SEG 16, T3S, R69w FND. 3 1/4' BRASS CAP IN RANGE BOX PLS 19003 PF 1 R=630.00' L=195.14' CD=1.94.35' CB-N9'05'23"W 17'44'49' paa 1 ` Nw vc w 1/4 BEC. 16 R69W -;FND. 3 j 4 ALUM. CAP IN RANGE BOX PLS 22564 I"= 60' e 1 X14 let..SE CCR 1 y� IW NN1/445E1/4 FNDO. 3 6 jFSALRU6M9 CAP IN RANGE BOX, PLS ILLEGIr N 712360.80 E 109165.85 L I t\4C_4L'0."5- vv_\ WIZ_ i �e Q0z0VV_XaVS_ ), kd Lt wAb-6) o� ITEM NO: n J' � DATE: September 10, 2018 J 'r REQUEST FOR TY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2018 - AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18- 01/ROUSH INDUSTRIES) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (08/13/2018) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (09/10/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES Community Developlent Director ❑ NO _Du�J�14f = City Manager ISSUE: The applicant is requesting approval of a right-of-way vacation for a remnant section of right-of- way formerly used for Miller Street. The right-of-way section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller Street was rerouted to the east. PRIORACTION: Planning Commission heard the request at a public hearing on July 19, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. FINANCIAL IMPACT: The proposed vacation is not expected to have a direct financial impact on the City. Fees in the amount of $725.00 were collected for the review and processing of Case No. WV -18-01. BACKGROUND: The property located at 5185 Miller Street is bisected by a remnant section of right-of-way formerly used for Miller Street. The reason for the remnant is based on a series of plats that were Council Action Form — Miller Street Vacation September 10, 2018 Page 2 approved when this land area was part of Arvada and the property to the east (Arvada Ridge Market Place) was entitled for redevelopment. During the redevelopment of the Arvada Ridge site, a new roadway was platted to the east of the Miller Street alignment. Through traffic was shifted to that new roadway (still called Miller Street), and it provides access to the shopping center and apartments within the City of Arvada, as well as to the industrial properties within the City of Wheat Ridge. The City of Wheat Ridge annexed the entirety of the new Miller Street in 2004. A southerly portion of the former Miller Street was vacated in 2006. The subject property adjacent to 5185 Miller Street is the only remnant portion of right-of-way that still currently exists. The applicant requesting this action currently leases the building at 5185 Miller Street and is requesting the vacation, with approval of the property owner, so they can have better control over the parking within this section of right-of-way. As public right-of-way the public can park within this area. The proximity of the abandoned right-of-way to the property access point onto Miller Street has caused safety issues for the applicant in their daily use of the site. The Public Works Department has requested that a Drainage and Utility Easement be maintained over the entirety of the right-of-way proposed to be vacated. Dedication of this easement will be written into the vacation ordinance and, if approved, happen simultaneously with the vacation. Creation of a utility easement is standard protocol when remnant right-of-way is vacated. Valley Water District has also requested an exclusive easement to access and maintain their water main. This easement was recorded with the Jefferson County Clerk and Recorder on August 29, 2018. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller 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 foresee any future roadway needs for this right-of- way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way." Or... "I move to postpone indefinitely Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller Street on second reading for the following reasons: 1. 2. 3. Council Action Form — Miller Street Vacation September 10, 2018 Page 3 REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2018 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MATHEWS COUNCIL BILL NO. 23 ORDINANCE NO. Series 2018 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-01/ROUSH INDUSTRIES) WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, the Miller Street right-of-way between Ridge Road and West 52nd Avenue was realigned pursuant to dedication on the Arvada Ridge plat recorded on December 14, 2004; and WHEREAS, Miller Street between Ridge Road and West 52nd Avenue was reconstructed to the new alignment in 2006; and WHEREAS, a portion of right-of-way from the now obsolete Miller Street alignment is unneeded for public roadway purposes; and WHEREAS, a drainage and utility easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(1) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and WHEREAS, the portion of the Miller Street right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting said public roadway will be left without an established public road or private -access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. To the extent of any City interest therein, the following portion of the Miller Street right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation, as more particularly described on the attached Exhibit A. IA T TSi�T , 4,11M Section 2. Severabillity, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect fifteen (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 7 to 0 on this 13th day of August, 2018, 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 September 10, 2018 at 7:00 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 , 2018. SIGNED by the Mayor on this day of , 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: August 16, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Exhibit A Legal description: A PORTION OF MILLER STREET RIGHT-OF-WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEARS S 00°12'11" E, FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00°12'11" E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00°12'11" E A DISTANCE OF 146.55 FEET TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89°33'02" W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00°12'11" W A DISTANCE OF 219.20 FEET; THENCE N 00012'53" W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 17044'49", A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09005'23" W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. 10.14 ACRES MORE OR LESS maUBIT RIGHT OF WAY TO HE VACATED N 714664.38 E 106138.23 AI6 Cm / N IA ME V4 JS. / SEC. 6.13S. ROM / I �. 3 1 4' BRASS CAP IN BOX PIS 11003 I, IoI �r u d mss" an" s° neft W UnT I mmm 1®06 A MOM M MW [I�11061or a Em 1Y A W MOM -M - AW f7MP0® FM W&W. i'= 60' A6ri/4� "sE�tpyTy 3 Y B WA 22864 .QB. Q d in CW ww cm 114. 7L f/4 ►'SEC ALUM9 C FTID. 318 f/' AP 4 1 81 RANGE BOX PLS ILLEGIr 1` N 712350 W E 108185.85 ` 1 I City of _".0�7�Theat�dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: July 19, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WV -18-01 / Roush Industries ACTION REQUESTED: Vacation of right-of-way formerly used for Miller Street LOCATION OF REQUEST: 5185 Miller Street APPLICANT (S): Roush Industries, Inc. OWNER (S): City of Wheat Ridge (right-of-way) APPROXIMATE AREA: 6,299.7 square feet (0.14 acres) PRESENT ZONING: Planned Industrial Development (PID) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Man Property . requesting vacation Planning Commission ATTACHMENT 2 1 Case No. WV -I8-01 /Roush Industries, Inc. Area of proposed vacation JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is the current lessee of the property located at 5185 Miller Street, and has submitted this application, with authorization from the property owner, to request approval of a right-of-way vacation for a remnant section of right-of-way formerly used for Miller Street. The section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller Street was rerouted. II. DESCRIPTION The property located at 5185 Miller Street is bisected by a remnant section of right-of-way formerly used for Miller Street Vxklbit 1, 2016 Aerial). The reason for the remnant is based on a series of plats that were approved when this land area was part of the City of Arvada. This history is summarized below and supported by the series of attached graphics (Exhibits 1 to 4). The subject property at 5185 Miller Street was originally developed in 1976. At that time Miller Street ran between 50a' Avenue and Ridge Road directly north -south in the location of the right-of-way proposed to be vacated Exhibit 2, 2001 Aerial. In 2005, the property to the east (formerly the State of Colorado Ridge Home) was entitled for redevelopment into the Arvada Ridge multi -use center, which exists today. As part of that entitlement, a plat was processed by the City of Arvada, which platted and re-routed Miller Street further east Exhibit 3, Arvada Ridge Plat). That plat also created Lot 8 and Lot 8-A. Lots 8 and 8-A, and the entirety of the new Miller Street right-of-way were eventually annexed into the City of Wheat Ridge via the Coors Annexation in 2006 (xhibit 4, Coors Annexatignj. Lot 8 was absorbed into the Rocky Mountain Bottling facility (the property to the south) via a plat and rezoning. At that time the Rocky Mountain Bottling Company also applied to vacate the right-of-way for the former Miller Street along their property frontage with the plat. This request was approved, and is the reason why the former Miller Street right-of-way does not currently exist south of the subject property. Lot 8-A was deeded to the subject property, but is separated from the original development parcel by the right -of --way for the former Miller Street Exhibit L, 2016 Arial). The section of right-of-way proposed to be vacated �xhibit 5, Vacation Exhabi6 was originally obtained by the City from Jefferson County when the City was incorporated in 1969. The new Miller Street was platted by the Arvada Ridge Final Plat on December 14, 2004 xhiliit 3, Arvada Ridge Flat), and annexed into the City of Wheat Ridge by the Coors Annexation on December 28, 2006 Exhibit 4, Coors Annexation.'. Because of railroad tracks to the north, the subject property obtains access exclusively from Miller Street. A right-of-way vacation can be initiated by the City or a private party and approved as part of a plat or by ordinance. This request is being initiated by a private party and is proposed to be approved by ordinance following public hearings before the Planning Commission and City Council. If the right-of- way is vacated, it will vest with the ownership of 5185 Miller Street (subject property). Planning Commission Case No. WV -18-01 /Roush Industries, Inc. III. VACATION CRITERIA Staff has provided an analysis of the right-of-way vacation criteria outlined in Section 26-118. The applicant has provided an explanation of their request, which touches on additional reasons why they are requesting the vacation at this time UExhibit 6; Letter or uest). The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The proposed vacation will not leave any adjoining land without access to an established public -right-of-way. The property will continue to gain access via Miller Street. No other properties utilize the remnant right-of-way proposed to be vacated. Staff concludes that this criterion has been met. 2. 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 former Miller Street does not impact the goals and policies of the Comprehensive Plan. The rerouted Miller Street will continue to serve the properties in the area, and the vacation of this remnant portion will not compromise connectivity. In June 2017, City Council approved an update to the Bicycle and Pedestrian Master Plan. In this plan, Miller Street north of the subject property is designated as having bicycle lanes. This vacation will not compromise this pedestrian or bicycle connectivity through the area. Staff concludes that this criterion has been met. 3. 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 remain within the rerouted Miller Street right-of-way or within easements. Staff concludes that this criterion has been met. 4. Adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. During the referral period staff received two notices of utilities being located within the former Miller Street right-of-way, one from Xcel Energy and the other from Valley Water District. Additionally, the City's Public Works Department has requested a utility easement be dedicated over the entirety of the right-of-way being vacated. Xcel Energy has approved this general utility easement to accommodate their facilities. Valley Water District will require a separate easement to maintain their facilities. The applicant is actively working with Valley Water to obtain the required easement by separate document. Planning Commission Case No. WV -18-01 /Roush Industries, Inc. The general easement will be granted by the same ordinance that vacates the right-of-way. The easement with Valley Water will need to be in place prior to the public hearing before City Council. This arrangement of establishing easements over vacated right-of-way is common. Staff concludes that this criterion 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 right-of-way vacation request and to confirm if any utilities were present in the area requested to be vacated. Specific referral responses follow: Wheat Ridge Public Works Department: Required a Drainage and Utility Easement over the entirety of the portion of Miller Street right-of-way proposed to be vacated. Wheat Ridge Police Department: No objection. City of Arvada: No objection. Valley Water District: Required a 30 -foot easement to be granted to the District by the property owner for maintenance of an existing 12" water main line within the remnant section of the former Miller Street. Arvada Fire Protection District: No objection. Xcel Energy: Required an easement to maintain intermediate pressure and natural gas main facilities within the area to be vacated. Follow up messages between Staff and Xcel Energy confirmed that the Drainage and Utility Easement requested by Public Works is adequate for these facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street, is consistent with the goals and objectives of the Comprehensive Plan and the Bicycle and Pedestrian Master Plan, and will not negatively impact City infrastructure. Additionally, Staff concludes that appropriate easements are being implemented in order to allow for proper maintenance of existing utility facilities. Because the right-of-way vacation criteria support the request, staff recommends approval of Case No. WV -18-01. Planning Commission Case No. WV --18-01 /Roush Industries, Inc. VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WV -18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: 1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way. With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council public hearing." Option B: "I move to recommend DENIAL of Case No. WV -18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: 1. 2. » Planning Commission Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 1: 2016 AERIAL [ .1yof W heat idge Geographic Information Systems Lauend Area of Vacation M Wheat Ridge City Limits 5185 Miller Street Original development parcel -� Ui Uj r Fta M, i rt -Rc fir... a F P r =i rf... a .• Bode Plane Coadlnate Pro*tlon Colorado C"W Z.— oawm. WD63 N /, N Planning Commission 6 Case No. WV -18-01 /Roush Industries, Inc. it 8-A, rvada ge Plat 'acated ler St. on lcky Mt. iottling roperty r of 1� Planning Commission Case No. WV -18-01 /Roush Industries, Inc. v a tto av SWe Pbm Coor4mw Projeumn N Cobra& Cowal Zeno 0.%-! NAD&9 ewvraama r VA EXHIBIT 2: 2001 AERIAL f , - Cily of Wheatml ge Geographic Information Systems dl Legend ry _ Area of Vacation ` 5185 Miller Street r of 1� Planning Commission Case No. WV -18-01 /Roush Industries, Inc. v a tto av SWe Pbm Coor4mw Projeumn N Cobra& Cowal Zeno 0.%-! NAD&9 ewvraama r VA 5185 Miller Street Location of tl former Mille Street Dedication of t new, reroutes Miller Street EXHIBIT 3: ARVADA RIDGE PLAT (page z) p °i � 11111." Ik1 • �rR q $g yy AF 4211111 i g i & , ��� � 1 1•Pn 1 SSI i s■YY` � J �- _ ^ I �� i � � � ZZ i �y7 i� �� �►OIJ ,_. sit soil i W e�aME all Age go f �a .'WL rd --� g Le ' ' - _ �i• s as T D 9r ere. " 1 [J Imp w a �J- C I i it 1 14 iF'r 3 Fig AZ'a7W �Sf F(gpYsyL w !I� 11 �5 ',d j ��� `- ?- • uis�srrir+ � w.weia: Planning Commission 8 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 4: COORS ANNEXATI ON nage 2) 5185 Miller Street ' Location of the former Miller Street Dedication of the new, rerouted - Miller Street Annexed area (shaded) t. Yn -"" 'Wit & CY� bf V P. t. 0. t. Yn -"" 'Wit & CY� MIR kc hi Planning Commission 9 Case No. WV -18-01 lRoush Industries, Inc. CY� V P. w bw r'Nk- MIR kc hi Planning Commission 9 Case No. WV -18-01 lRoush Industries, Inc. w bw r'Nk- C) N E4, 6; MIR kc hi Planning Commission 9 Case No. WV -18-01 lRoush Industries, Inc. EXHIBIT 5: VACATION EXIT IBIT man= RIGHT OF WAY TO BE VACATED i'— s0, sE• r/t AE r s IN RANGE 00 FISS 9 Ml RANGE BDX PIS tY00.3 Sk I I �I �' , ni Ru�eox'�is�ass. 1 � 1 MAI � :p IN RANGE IMM FU LUMT 1 1 I Planning Commission 10 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 6: LETTER OF R 1,QUEST ROUSK June 12, 2018 City of Wheat Ridge Community Development Department Attn: Zack Wallace Mendez 7500 West 20A Avenue Wheat Ridge, CO 80033 Re: Right of Way Vacation/Annexation, 5185 Miller' Street, Wheat Ridge, Colorado Dear Wheat Ride Community Development Department, Facilities t?•pat immt 11416 Market Street Uvoniq, MI 46150 Phone 734-779.71$3 Fax 73477¢7956 Roush InduWes, Inc. (°Roush') has been oorducting light vehicle ted based out of the Denver Metropolitan area since May of 2000 On March 1, 2017, Roush expanded ks Denver operations by moving to 5185 Miller Street Wheat Ridge, Colorado (Parcel ID: 39-161-00-002), a property owned by local property owner, Nelson Real Estate Properties, Inc. As Roush has ggrroowwnn kft the crew Wheat Rloge location, we have alms across safety issues caused by the q► public -d- ay located on the old Miller Street between 5185 Miller Street and modem -day Miller et RouWs biggest Barb -day concems ane as follows: • Non -employees parking in the right-of-way have caused near miss safety incidents due to their rushing In and out of the right-of-way without regard for others parked or entering/exiting Roush's parking lot. • Non -employees parking in the right of way have regularly partially blocked the main entrance and exit from Miller Street, blocking visibility and preventing two-way traffic In and out of the parking lot. • Individuals accustomed to parking in the right-of-way will often park in Roush's private parking lot without any regard for private property. • Ovemight parking in the right-of-way has prevented Roush from adequately clearing snow from its own parking lot and the right-of-way, there wasn't any public plow service for the right- of-way during the winter of 2017-2018 and snow maintenance fell to Roush. • There is a risk that non -employees parking in the parking lot and right-of-way will cause damage to Roush employee and customer vehicles parked in Roush's parking lot. Roush could be liable for damage caused by others. To resolve these Issues, Roush proposes that Wheat Ride vacate the public right-of-way adjacent to 5185 Miller Street and grant it to the property known as 5185 Miller Street, Wheat Ridge, CO, Wo33. Roush Is working with its landlord, Nelson Real Estate Properties, Inc., to eliminate the safety concerns caused by the legacy public right-of-way. Please don't hesitate to contact me If you have any questions or concerns with Roush's attached Land Use Application. i may be reached at (794) 779.7183. Sincerely, 7 _ Staff Attorney, Facilities Department Roush Industries, Inc. Planning Commission 11 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 7: SITE PHOTOS Looking south along Miller Street from Ridge Road. The sidewalk and asphalt for the former Miller Street can be seen to the right (indicated by arrow). This is the right-of-way proposed for vacation. View looking north from Rocky Mountain Bottling. The current Miller Street to the right of the photo. The curb, gutter, and sidewalk of the former Miller Street can be seen near the center of the photo. Planning Commission 12 Case No. WV -18-01 /Roush Industries, Inc. 4W Looking south along Miller Street from Ridge Road. The sidewalk and asphalt for the former Miller Street can be seen to the right (indicated by arrow). This is the right-of-way proposed for vacation. View looking north from Rocky Mountain Bottling. The current Miller Street to the right of the photo. The curb, gutter, and sidewalk of the former Miller Street can be seen near the center of the photo. Planning Commission 12 Case No. WV -18-01 /Roush Industries, Inc. View looking northwest from Miller Street and W. 52nd Place. The structure in the background is 5185 Miller Street (subject property). The functional Miller Street thoroughfare is in the foreground, as is the access point into the subject property. The abandoned Miller Street right-of-way is between the yellow vehicle and the structure. Jiew from the subject property looking south. A structure on the Rocky Mountain Bottling property is sees on the right. The former Miller Street right-of-way, which was vacated in 2006 and platted into the Rocky Mountain Bottling property, can be seen in the center of this photo. Planning Commission 13 Case No. WV -18-01 /Roush Industries, Inc. 1. 2. 3. 4. 6. It 41 Y City of "�qWheatlidge PLANNING COMMISSION Minutes of Meeting July 19, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM,at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 h .Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission,,,Members Absent: Staff -Members Present: PLEDGE OF ALLEGIANCE Alan Bucknam Emery Dorsey Daniel,Larsq Janet Led, Scott Ohm Amanda Weaver \Richalrrd Peterson VJvian'Vos Kenneth Johnstone, Community Development Dir-ectoT Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary APPROVE\ORDER OF THE AGENDA It was moved byCommissioner DORSEY and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES — June 21, 2018 It was moved by Commissioner LEO and seconded by Commissioner LARSON to approve the minutes of June 21, 2018, as written. Motion carried 4-0-2 with Commissioners OHM and WEAVER abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes July 19, 2018 ATTACHMENT 3 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -17-03: an application filed by Slavomir Golabek for approval of an 11 -lot subdivision for townhomes for property located at 10590 West 441 Avenue. Mr. Johnstone explained that this project has been in the review stage for a while due to some engineering challenges and there are still some technical issues that need to be resolved before it can be presented to the Planning Commission. The applicant understands the process and has another submittal for staff to review with hopes of a public hearing target date of September 20, 2018. It was moved by Commissioner WEAVER and seconded by Commissioner OHM a request for approval of an 11 -lot townhome plat on property zoned Mixed Use -Neighborhood and located at 10590 W. 441 Avenue and to continue the public hearing to September 20, 2018. Motion carried 6-0. B. Case No. WV -18-01: an application filed by Roush Industries, Inc. for vacation of right-of-way formerly used for Miller Street adjacent to 5185 Miller Street. Mr. Wallace Mendez gave a short presentation regarding the vacation of right-of- way and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BUCKNAM asked when City Council will hear this case. He was asking to make sure the easement document will be ready. Mr. Wallace Mendez responded August 13. (The date given was partially correct, City Council will hear this case on August 13 for the first reading and September 10 for the public hearing.) Brian Hemphill, North American Real Estate for Coors/Miller 1801 California Street, Ste. 4600, Denver Mr. Hemphill was curious to know if the access easement his clients have at 10619 W. 50'h Avenue will be affected by the vacation. Discussion about the location of the access easement continued and Mr. Johnstone said staff will look into this new information. He added that a general condition could be added to the motion directing staff to make sure the existing access Planning Commission Minutes -2— July 2— July 19, 2018 easement will be maintained. This will give staff sufficient time to look at the ordinance. It was moved by Commissioner OHM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WV -18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: 1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way. With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council public hearing. 2. Staff will work with applicant on existing access easements. Motion carries 6-0. C. Case No. ZOA-18-04: an ordinance creating a new Section 26-643 of the Wheat Ridge Code of Laws prohibiting the use of freestanding emergency room facilities. Mr. Johnstone gave a brief summary and background regarding the ordinance amendment. Commissioner OHM asked about the charts on page 2 and 3 of the ordinance. He wondered why the Commercial chart is blank and the Mixed -Use chart has NP for not permitted. Mr. Johnstone said it is a different table approach between the City's straight districts and the Mixed -Use districts. He explained it will be clearer when the Freestanding emergency room facilities category is embedded in the charts. In the Commercial and Industrial Districts charts, a P or S will appear if the use is permitted and left blank if not permitted. In the Mixed -Use chart a P will appear if the use is permitted and a NP if not permitted. Planning Commission Minutes -3— July 3— July 19, 2018 WV -18-01 / Miller St. Vacation 5185 Miller Street Request for vacation of right-of-way formerly used for Miller Street City Council September 10, 2018 Vicinity Map Vicinity Map Looking south from railroad tracks Referral • Public Works • Police Department • City of Arvada • Valley Water • Arvada Fire • Xcel Energy Looking north from subject property Envision Wheat Ridge Comprehensive Plan: Transportation Structure Plan Bicycle and Pedestrian Master Plan Staff Recommendation Staff concludes: — No future roadway needs for this right-of-way. — Does not leave adjacent property without access to a public street. — Is not in conflict with adopted plans. — Will not negatively impact City infrastructure. — Easements will ensure adequate access for utilities. Therefore, Staff recommends APPROVAL of the request. 11111111111111111111111111111111111111111111111111111111111 0 $0.00 2018079616 08129/2018 01:34:29 PM 7 Page(s) JEFFERSON COUNTY, Colorado EASEMENTAGREEMENT (Distributor Performance Non -Exclusive) THIS EASEMENT AGREEMENT, effective the c 3r-cl day of August , 20 18 , is made between Nelson Real Estate Properties, Inc., a Colorado Corporation , hereafter called "Grantor", (whether grammatically singular or plural) and Valley Water District hereinafter called "Distributor." WITNESSETH: For good and valuable consideration, the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the Distributor, its successors and assigns, a permanent non-exclusive right to enter, reenter, occupy and use the property situate in the County of Jefferson , State of Colorado, and more fully described on Exhibit A attached hereto and incorporated herein by reference (the "Property") to construct, lay, install, inspect, monitor, maintain,. repair, renew, substitute, change the size of, replace, remove, and operate one or more underground water pipelines and all underground and surface appurtenances thereto, including electric or other related control systems, underground cables, wires and connections and surface appurtenances in, through, over and across the Property. By way of example and not by way of limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the following: mains and conduits, valves, vaults, manholes, hydrants, control systems, ventilators, and the like, of such size and capacity as necessary or required by the Distributor. IT IS HEREBY MUTUALLY CONVENANTED AND AGREED by and between the parties as follows: 1. The Distributor shall have and may exercise the right of ingress and egress in, to, over, through and across the Property for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein. 2. Grantor shall neither cause nor permit the parking or storage of vehicles or other goods or equipment, or the construction or placement of any structure or building, street light, power pole, yard light, mailbox or sign, temporary or permanent, or the planting of any tree, woody plant or nursery stock, of any kind, on any part of the Property. Where paved roadways are installed on all or any part of the surface of the Property they shall be installed and maintained by Grantor on and over the entire width thereof, with no planters, islands or median structures. The lateral edges of the Property shall be clearly delineated by permanent surface features approved in advance by the Distributor. Any prohibited use or installation located on the Property as of or after the date of this Agreement, including utility installations not conforming to Paragraph 11 (eleven) hereof, may be removed by the Distributor at Grantor's expense without liability for damages arising therefrom. 3. The Grantor, for itself, its successors and assigns, shall provide to the Distributor any information within its possession about past and currently existing Environmental Contamination in the easement area. Such information shall include but not be limited to environmental studies, reports, samples, agreements, liens, letters and any remediation work that has been done or is ongoing to clean the area or is planned to occur. If contaminated soils exist in the easement area upon the effective date of this Agreement, for which (DISTRIBUTOR PERFORMANCE NON-EXCLUSIVE — REV 11/2011) the Grantor or its successors or assigns are responsible under applicable state or federal laws, the Grantor, at Grantor's sole expense, shall take Corrective Action to clean the contamination to the full width of the easement area and a depth of at least twelve (12) feet from finished grade or to two (2) feet below the bottom of the water line as determined by the Distributor. Contamination shall be cleaned to the appropriate state and federal standards set forth by the U.S. Environmental Protection Agency and Colorado Department of Public Health and Environment or to the standards of Corrective Action plans for the property currently approved by the U.S. Environmental Protection Agency and Colorado Department of Public Health and Environment. Grantor shall provide documents verifying Corrective Action to the Distributor prior to the installation of pipeline facilities. 4. To the extent it legally may, and as long as the Distributor did not cause Environmental Contamination„ the Grantor, for itself, its successors and assigns, shall indemnify the Distributor against any liability, damages, costs, expenses, causes of action, claims, losses, settlements, fines and penalties, and reasonable attorneys' fees claimed against the Distributor relating to (1) the existence, mitigation, or remediation of Environmental Contamination in the easement area; (2) any Corrective Action in the easement area; (3) any Environmental Contamination in the easement area that occurs or is discovered after conveyance of the easement; or (4) the occurrence, disturbance, or movement of existing contaminated soils resulting directly or indirectly from any work conducted by the Distributor in exercise of the Distributor's functions. 5. As used in this Agreement, "Corrective Action" shall refer to risk assessment, active remediation, passive remediation, voluntary cleanup, investigation and/or monitoring of Environmental Contamination. 6. As used in this Agreement, `Environmental Contamination" means the presence within the easement area of any hazardous material, including but not limited to any substances defined as or included in the definition of "hazardous substance," "hazardous material" or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5 10 1, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., or any other federal, state or local statute, law, ordinance, code, rule, regulation, order, decree or other requirement of governmental authority regulating, relating to or imposing liability or standard of conduct concerning any hazardous, toxic or dangerous substance or material, as now or at any time hereafter in effect, and in the regulations adopted, published and/or promulgated pursuant to said laws. 7. Fences existing as of the date hereof which are disturbed or destroyed by the Distributor in the exercise of its rights hereunder shall be replaced by the Distributor to their original condition as nearly as may reasonably be done. Grantor shall not, however, construct or install new fencing across or within the Property without the written approval of the Distributor. 8. All pipelines installed within the Property shall be laid not less than four and one-half (4!/2) feet below the surface of the adjacent ground. 9. The Distributor shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights herein granted. Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for any water pipelines or appurtenances or cause the earth cover over any water pipeline within the Property to be less than four and one-half (4 %) feet or more than ten (10) feet, measured vertically from the top of the pipeline. Grantor shall not modify the earth cover over a Distributor water pipeline without advance written authorization from the Distributor, which shall provide for full payment or reimbursement to the Distributor of all costs of adjusting Distributor facilities made necessary by such modification. (DISTRIBUTOR PERFORMANCE NON-EXCLUSIVE - REV 11/2011) 10. After any construction or other operations by the Distributor which disturb the surface of the Property, the Distributor will restore the general surface of the ground, including paving and authorized appurtenances, as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate Distributor facilities. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the Distributor shall be removed from the Property at the sole expense of the Distributor. For a period of one year following disturbance of the surface of the Property by the Distributor, the Distributor will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the Distributor. 11. Service lines from adjacent properties receiving service from Distributor facilities in the Property, and other public utilities such as sanitary sewer, storm sewer, gas, electric, telephone, and TV cable lines, may be installed in the Property, provided that they do not interfere with the Distributor's rights herein granted. Public utilities which cross the Property shall cross at approximately right angles, and utilities which parallel the Distributor's facilities shall not be located closer than ten (10) feet thereto. Except for utilities as herein authorized and for roadways, all surface and subsurface uses of the Property, including fences, must be approved in writing by the Distributor before installation. 12. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with and do not impair any grant or covenant herein contained. 13. The Distributor is acquiring its rights in the Property in order to insure to it a dominant easement for the exercise of the Distributor's functions. The exercise of any rights in the Property other than those expressly retained by Grantor shall be within the discretion of the Distributor. The Distributor may permit and authorize such other uses of the Property not reserved in Grantor as will not impair the Distributor's dominant rights, upon payment of reasonable compensation to the Distributor and upon such terms, limitations and conditions as the Distributor shall find reasonably necessary to protect its dominant right of occupancy without undue or unnecessary injury to or impairment of the estate retained by the Grantor. 14. If the Distributor, by written instrument, abandons or releases its rights herein granted and ceases to use the same, all right, title and interest of the Distributor hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property, as the same may then be, free from the rights so abandoned or released and shall own all material and structures of the Distributor so abandoned or released, but nothing herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the Distributor at the time of the termination of the Distributor's rights. 15. Grantor warrants that it has full right and lawful authority to make the grant herein contained, and promises and agrees to defend the Distributor in the exercise of its rights hereunder against any defect in title or in Grantor's right to make said grant, subject to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitations, restrictions and reservations contained in instruments of record prior to the date of this Agreement. 16. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 17. This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. Any special provisions added hereto which conflict with printed provisions set forth above shall control and supersede such conflicting printed provisions. (DISTRIBUTOR PERFORMANCE NON-EXCLUSIVE - REV 11/2011) SPECIAL PROVISIONS: Grantor shall not be restricted in their use of the Property for short-term parking and storage of vehicles. Long-term parking and storage of vehicles and other goods shall be prohibited. (DISTRIBUTOR PERFORMANCE NON-EXCLUSIVE — REV 11/2011) h IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first above written. ATTEST: Nelson Real Estate Properties, Inc, a Colorado corporation ✓ y ecretary President STATE OF COLORADO ) ss. COUNTY OF &IJYA) The within and foregoing instrument was acknow dged before me by ' Q as President and as Secretary of Nelson Real Estate Pro Inc , a _ Colorado corporation on this day of, 20. Witness my hand and official seal. My commission expires: {SEAL} SHERRY L. SMITH 4" Y4-7�yl NOTARY PUBLIC Notary ablic STATE OF COLORADO NOTARY ID #200$4024544 MY COMMISSION EXPIRES 05/28!2022 ATTEST: Secretary -4- (DISIRIBUTORI/corporation signature block) Valley Water District f4 ' esident EXHIBIT A RIGHT OF WAY TO BE VACATED NE CQR / / SE 1/4, NE 1/4 SEC. 16, T3S, R69W / FND. 3 1/4' BRASS CAP / / I IN RANGE BOX PLS 19003 1= 3 i�� v1 oNi b I I fly W r I I R=630.00' 93 L=195.14' CD=194.36' CB=N9'05'23'W Am 17'44'49* REG/ F1466962 `---_ ` NW 1/4, W 1/4 �u —COR SEC. 16 Tj5 R69W FND. 3 �/4 ALUM. CAP IN RANGE BOX PLS 22564 r� o^ b 1 7 3 Eq ava cdi . OOU 3p 1 Y V 2 3 a i � mw i"= 60' �W 1 SE _ NW 1/4, SE 1/4 1 SEC. 16, T�iS, R69W 1 MD. 3 1/4 ALUM. CAP I IN RANGE BOX PLS ILLEGIBLE I I PARCEL DESCRIPTION: RICHT OF WAY 70 BE VACATED A PORTION OF MILLER STREET RIGHT—OF WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE—HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE.SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEARS S 00'12'11" E, FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00'12'11" E. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00112'11" E A DISTANCE OF 146.55 FEET TO A POINT OF THE NORTH UNE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 8933'02" W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00'12'11" W A DISTANCE OF 219.20 FEET; THENCE N 00'12'53" W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 17'44'49', A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09'05'23" W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. \ 0.14 ACRES MORE OR LESS a``naaU mREGrn, r, GORDON S. PAGE III PLS 290489 —: e KURT LINN 8c ASSOCIATES JOB 1805-07 5-16— 018: 4LmAW ",;y�rrrgrummm�a•°�• THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY: IT IS INTENDED TO DEPICT THE EASEMENT TO BE VACATED DESCRIBED HEREON. _/�/ City of l WheatRdge ITEM NO: _ DATE: August 13, 2018 REQUEST FOR CITY COUNCIL ACTION 7 t _� SJR► \� TITLE: COUNCIL BILL NO. 23-2018 — AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18- 01/ROUSH INDUSTRIES) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ ORDINANCES FOR 12T READING (08/13/2018) ❑ ORDINANCES FOR 21iD READING (09/10/2018) ❑ YES ❑ NO Community Development Director City Manager ISSUE: The applicant is requesting approval of a right-of-way vacation for a remnant section of right-of- way formerly used for Miller Street. The right-of-way section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller street was rerouted to the east. PRIOR ACTION: Planning Commission heard the request at a public hearing on July 19, 2018 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $725.00 were collected for the review and processing of Case No. WV- 18-0 1. BACKGROUND: The property located at 5185 Miller Street is bisected by a remnant section of right-of-way formerly used for Miller Street. The reason for the remnant is based on a series of plats that were Case No. WZ-18-14/Potrykus Council Action Form August 13, 2018 Page 2 approved when this land area was part of Arvada and the property to the east (Arvada Ridge Market Place) was entitled for redevelopment. During the redevelopment of the Arvada Ridge site, a new roadway was platted to the east of the Miller Street alignment. Through traffic was shifted to that new roadway (still called Miller Street), and it provides access to the shopping center and apartments within the City of Arvada, as well as to the industrial properties within the City of Wheat Ridge. The City of Wheat Ridge annexed the entirety of the new Miller Street in 2004. A southerly portion of the former Miller Street was vacated in 2006. The subject property adjacent to 5185 Miller Street is the only remnant portion of right-of-way that still currently exists. The applicant requesting this action currently leases the building at 5185 Miller Street and is requesting the vacation so they can have better control over who parks within this section of right- of-way. As public right-of-way the public can park within this area The proximity of the abandoned right-of-way to the property access point onto Miller Street has caused safety issues for the applicant in their daily use of the site. The Public Works Department has requested that a Drainage and Utility Easement be maintained over the entirety of the right-of-way proposed to be vacated. Dedication of this easement will be written into the vacation ordinance and, if approved, happen simultaneously with the vacation. Creation of a utility easement is standard protocol when remnant right-of-way is vacated. Valley Water District has also requested an exclusive easement to access and maintain their water main, which the applicant is actively working on and will be required to have in place prior to the public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2018, an ordinance vacating any interest held by the City of Wheat Ridge in a portion of Miller Street, a public roadway, adjacent to 5185 Miller Street on first reading for the sole purpose of ordering it published and for a public hearing set for Monday, September 10, 2018 at 7 pm in City Council Chambers, and, if adopted, that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2018 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY OF WHEAT RIDGE IN A PORTION OF MILLER STREET, A PUBLIC ROADWAY, ADJACENT TO 5185 MILLER STREET (CASE NO. WV-18-01/ROUSH INDUSTRIES) WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, the Miller Street right-of-way between Ridge Road and West 52nd Avenue was realigned pursuant to dedication on the Arvada Ridge plat recorded on December 14, 2004; and WHEREAS, Miller Street between Ridge Road and West 52nd Avenue was reconstructed to the new alignment in 2006; and WHEREAS, a portion of right-of-way from the now obsolete Miller Street alignment is unneeded for public roadway purposes; and WHEREAS, a Drainage and Utility Easement shall be retained by the City of Wheat Ridge over the entirety of the right-of-way proposed for vacation; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(1) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and WHEREAS, the portion of the Miller Street right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting said public roadway will be left without an established public road or private -access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. To the extent of any City interest therein, the following portion of the Ridge Road right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation: SILV 005 as more particularly described on the attached Exhibit A. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of 2018, 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 , 2018 at 7:00 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 12018. SIGNED by the Mayor on this day of 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us GED\47013\331354.01 2 Exhibit A Legal description: A PORTION OF MILLER STREET RIGHT-OF-WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEARS S 00°12'11" E, FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00°12'11" E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00°12'11" E A DISTANCE OF 146.55 FEET TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89033'02" W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE N 00012'11" WA DISTANCE OF 219.20 FEET; THENCE N 00012'53" WA DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 17044'49", A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09005'23" W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. \ 0.14 ACRES MORE OR LESS GED\47013\331354.01 3 EXHIBIT RIGHT OF WAY TO BE VACATED RECX F1466962 NOTE: T!E aTY OF MEAT RIDGE HEREBY RESEtYESA DRAINAGE AND UTIUTY EASEMENT OVER THE ENTIRETY OF THE PORTION OF MILLER STREET RIGHT-OF-WAY PROPOSED FOR VACATION.' 1"= 60' GED\47013\331354.01 4 IN RANGINW PLS 22564 pT N \ as \ 4 pq 51 1le W� CORI I NW 1/4 SE 1/4 FNC.3 fjPSALUM CAP I IN RANGE BOX PLS ILLEGIBLE I N 712360.80 E 109165.85 I I I I N 714994.36 E 109156.25 N£ COR SE 1/4 ALE //4 SEC. 16. T3S. R69W / FND. 3 1/4" BRASS CAP / / I IN RANGE BOX PLS 19003 �I 3� ml r� � I I g z I R=630.00' L=195.14' O1 CD=194.36' CB=N9.05'23"W A= lT44'49" aa1 RECX F1466962 NOTE: T!E aTY OF MEAT RIDGE HEREBY RESEtYESA DRAINAGE AND UTIUTY EASEMENT OVER THE ENTIRETY OF THE PORTION OF MILLER STREET RIGHT-OF-WAY PROPOSED FOR VACATION.' 1"= 60' GED\47013\331354.01 4 IN RANGINW PLS 22564 pT N \ as \ 4 pq 51 1le W� CORI I NW 1/4 SE 1/4 FNC.3 fjPSALUM CAP I IN RANGE BOX PLS ILLEGIBLE I N 712360.80 E 109165.85 I I I I WV -18-01 / Miller St. Vacation 5185 Miller Street Request for vacation of right-of-way formerly used for Miller Street Planning Commission July 19, 2018 Vicinity Map Vicinity Map Vicinity Map 09/11/2018 11:11 AM 2 Referral • Public Works • Police Department • City of Arvada • Valley Water • Arvada Fire • Xcel Energy Vacation Criteria • The proposed vacation will not leave any adjoining land without access to an established right-of-way. • 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 proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. • Adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. il Envision Wheat Ridge Comprehensive Plan: Transportation Structure Pla- Bicycle and Pedestrian Master Plan Staff Recommendation Staff concludes: — No future roadway needs for this right-of-way. — Does not leave adjacent property without access to a public street. — Is not in conflict with adopted plans. — Will not negatively impact City infrastructure. — Easements will ensure adequate access for utilities. Staff recommends APPROVAL of the request, with one condition: — Executed easement document be presented prior to City Council hearing. ♦�4le 1w Ir Wh6atRiLd e g CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: July 19, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WV -18-01 / Roush Industries ACTION REQUESTED: Vacation of right-of-way formerly used for Miller Street LOCATION OF REQUEST: 5185 Miller Street APPLICANT (S): Roush Industries, Inc. OWNER (S): City of Wheat Ridge (right-of-way) APPROXIMATE AREA: 6,299.7 square feet (0.14 acres) PRESENT ZONING: Planned Industrial Development (PID) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Property . requesting vacation Planning Commission 1 Case No. WV --18-01 /Roush Industries, Inc. Area of proposed vacation JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is the current lessee of the property located at 5185 Miller Street, and has submitted this application, with authorization from the property owner, to request approval of a right-of-way vacation for a remnant section of right-of-way formerly used for Miller Street. The section requested for vacation was abandoned as a thoroughfare in the early 2000s when Miller Street was rerouted. II. DESCRIPTION The property located at 5185 Miller Street is bisected by a remnant section of right-of-way formerly used for Miller Street . The reason for the remnant is based on a series of plats that were approved when this land area was part of the City of Arvada This history is summarized below and supported by the series of attached graphics (Exhibits 1 to 4). The subject property at 5185 Miller Street was originally developed in 1976. At that time Miller Street ran between 50a' Avenue and Ridge Road directly north -south in the location of the right-of-way proposed to be vacated (Exhibit 2, 2001 Aerial). In 2005, the property to the east (formerly the State of Colorado Ridge Home) was entitled for redevelopment into the Arvada Ridge multi -use center, which exists today. As part of that entitlement, a plat was processed by the City of Arvada, which platted and re-routed Miller Street further east (Exhibit 3, Arvada Ridge Plat). That plat also created Lot 8 and Lot 8-A. Lots 8 and 8-A, and the entirety of the new Miller Street right-of-way were eventually annexed into the City of Wheat Ridge via the Coors Annexation in 2006 (Exhibit 4, CoAnnnexation). Lot 8 was absorbed into the Rocky Mountain Bottling facility (the property to the south) via a plat and rezoning. At that time the Rocky Mountain Bottling Company also applied to vacate the right-of-way for the former Miller Street along their property frontage with the plat. This request was approved, and is the reason why the former Miller Street right-of-way does not currently exist south of the subject property. Lot 8-A was deeded to the subject property, but is separated from the original development parcel by the right-of-way for the former Miller Street The section of right-of-way proposed to be vacated was originally obtained by the City from Jefferson County when the City was incorporated in 1969. The new Miller Street was platted by the Arvada Ridge Final Plat on December 14, 2004 (Exhibit 3, Arvada Ridge and annexed into the City of Wheat Ridge by the Coors Annexation on December 28, 2006 (Exhibit 4, Coor�exation). Because of railroad tracks to the north, the subject property obtains access exclusively from Miller Street. A right-of-way vacation can be initiated by the City or a private party and approved as part of a plat or by ordinance. This request is being initiated by a private party and is proposed to be approved by ordinance following public hearings before the Planning Commission and City Council. If the right-of- way is vacated, it will vest with the ownership of 5185 Miller Street (subject property). Planning Commission Case No. WV --18-01 /Roush Industries, Inc. III. VACATION CRITERIA Staff has provided an analysis of the right-of-way vacation criteria outlined in Section 26-118. The applicant has provided an explanation of their request, which touches on additional reasons why they are requesting the vacation at this time (Exhibit 6, Letter of Request). The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: The proposed vacation will not leave any adjoining land without access to an established public -right-of-way. The property will continue to gain access via Miller Street. No other properties utilize the remnant right-of-way proposed to be vacated. Staff concludes that this criterion has been met. 2. 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 former Miller Street does not impact the goals and policies of the Comprehensive Plan. The rerouted Miller Street will continue to serve the properties in the area, and the vacation of this remnant portion will not compromise connectivity. In June 2017, City Council approved an update to the Bicycle and Pedestrian Master Plan. In this plan, Miller Street north of the subject property is designated as having bicycle lanes. This vacation will not compromise this pedestrian or bicycle connectivity through the area. Staff concludes that this criterion has been met. 3. 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 remain within the rerouted Miller Street right-of-way or within easements. Staff concludes that this criterion has been met. 4. Adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. During the referral period staff received two notices of utilities being located within the former Miller Street right-of-way, one from Neel Energy and the other from Valley Water District. Additionally, the City's Public Works Department has requested a utility easement be dedicated over the entirety of the right-of-way being vacated. Neel Energy has approved this general utility easement to accommodate their facilities. Valley Water District will require a separate easement to maintain their facilities. The applicant is actively working with Valley Water to obtain the required easement by separate document. Planning Commission Case No. WV --18-01 /Roush Industries, Inc. The general easement will be granted by the same ordinance that vacates the right-of-way. The easement with Valley Water will need to be in place prior to the public hearing before City Council. This arrangement of establishing easements over vacated right-of-way is common. Staff concludes that this criterion 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 right-of-way vacation request and to confirm if any utilities were present in the area requested to be vacated. Specific referral responses follow: Wheat Ridge Public Works Department: Required a Drainage and Utility Easement over the entirety of the portion of Miller Street right-of-way proposed to be vacated. Wheat Ridge Police Department: No objection. City of Arvada: No objection. Valley Water District: Required a 30 -foot easement to be granted to the District by the property owner for maintenance of an existing 12" water main line within the remnant section of the former Miller Street. Arvada Fire Protection District: No objection. Xcel Energy: Required an easement to maintain intermediate pressure and natural gas main facilities within the area to be vacated. Follow up messages between Staff and Neel Energy confirmed that the Drainage and Utility Easement requested by Public Works is adequate for these facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street, is consistent with the goals and objectives of the Comprehensive Plan and the Bicycle and Pedestrian Master Plan, and will not negatively impact City infrastructure. Additionally, Staff concludes that appropriate easements are being implemented in order to allow for proper maintenance of existing utility facilities. Because the right-of-way vacation criteria support the request, staff recommends approval of Case No. WV -18-01. Planning Commission Case No. WV --18-01 /Roush Industries, Inc. VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WV- 18-01, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: 1. The Public Works Department does not foresee any future roadway needs for this right-of-way. 2. The vacation will not leave adjacent property without access to a public street. 3. The vacation is not in conflict with the goals and objectives of the Comprehensive Plan or the Bicycle and Pedestrian Master Plan. 4. The vacation will not negatively impact City infrastructure. 5. Easements will ensure the City and outside agencies can adequately access infrastructure located within the vacated right-of-way. With the following condition: 1. The executed easement document between the property owner and Valley Water shall be provided to City Staff prior to the City Council public hearing." Option B: "I move to recommend DENIAL of Case No. WV- 18-0 1, a request for approval of a right-of-way vacation for a portion of the former Miller Street adjacent to 5185 Miller Street, for the following reasons: Planning Commission Case No. WV --18-01 /Roush Industries, Inc. EXHIBIT 1: 2016 AERIAL % ty .1� i � Wheatj�ge #t " Geographic Information Systems t Legend w Q OArea of Vacation Wheat Ridge City Limits - 5185 Miller Street ' ODGE RD '-"low I" 1 Original F — development j z P arcel }} Lot 8-A, i t r F 9; Arvada r. Ridge Plat _ e P e r Vacated Miller St. on r r Rocky Mt. rF , 'rPElr property ottin IF stat,P1erIe Coo,d,tIWe P,,,I, a� N m Coma, Ce�tral Z.1e A I Da3 tum'. NAD Planning Commission 6 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 2: 2001 AERIAL Planning Commission Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 3: ARVADA RIDGE PLAT (pgez) •0 5 pE CCC i {{ (( § 3 �a pips pp � piyO �B;E"yE� Si € dAtl� e N X ipsi. P pp l ggppgg 833 S go44 �giS l�'''�_�-. 6 o 10V I, dfig„ A p y-"auMj1Pji°� 5185 Millerbe: Street < �gExEB' �__ • a"" - 9---';�< 16�p €Ea - < 'A 4 y ^. ae FF -im DlJ Location of the f0 a i EX13 1 former Miller `-� t , b=1i------. ------- b'uu MIN -1 --i""1-"rbb. r a 5 StreetSRI ,eila Dedication of the J�, �„,� a new, rerouted s `-a a� ; ` �� m 9 r°xix€x Pa Miller Street�gan.;i� b 5 -- :at 11, q 1 I pp ��y5 xK ET0 R�� waaxw.r1 l 1.09�� a NWI�"smp 5wu O.AnpA� �I _ gId pA Planning Commission Case No. 4W-1&01 /Roush Industries, Inc. EXHIBIT 4: COORS ANNEXATION (pagez) 5185 Miller Street Location of the former Miller Street Dedication of the new, rerouted - Miller Street Annexed area (shaded) 43M ®U zs r y c" /l yrs Md 31Y 'I W&W Aw A §11 'W-` "� All ZZ � q iT1 u 5pw.q gL, LD Y.K a�J x rZO �� _ __ m � gy �eKe ®TO ASSLFJARD I � •i � � p $ y tlbP(xWY q � Q�4$ S MWNARV "� ZZ w\nnnJ— a �d a�J rZO �� _ __ pys y♦µrs gy �eKe ®TO ASSLFJARD I � •i � � p $ y tlbP(xWY q � Q�4$ S MWNARV >) \\ m IMQ 9 "� ZZ Eg M ° W. BONWE _ � rZO •$ gy �eKe ®TO - an Q 0"tl'tlM5 z ®Zz xi o r Z'jo-1x a'j 4=7D m m 0 a Fes- a- T10 m F � oZ no , e qNF "� W. BONWE _ � gy 0"tl'tlM5 ru",t _ NpISN�d�i9 a � W W� �W a Planning Commission 9 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 5: VACATION EXHIBIT EXHIBIT RIGHT OF WAY TO HE VACATED �I XE ra, / I IN B..AN� HIM ns 1.0O3 � I � I yyy t 5. 14T W�19A7¢' M N°K,9 W .�eynuoa w yIIy7'I�}�gY lµ wt iM.]X1/� .1LVA. PX {� C 1 IX MX¢ BOY PI$ PLY. a \ 3 1' 60 a;4i.�Br4RC'Bw I xa e0Y w um� III II Planning Commission 10 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 6: LETTER OF REQUEST ROUSH. Facitili•s Department 11916.4tt.e1 Iivoma, hal... 1hone]3L17411a3 Fax 734-7M7956 June 12,2018 City of Wheat Ridge Community Development Department Atm: Zack Wallace Mendez 7500 West 29A Avenue Wheat Ridge, 0080033 Re: Right of Way VacatioNAnnexation, 5185 Miller Sheet, Wheat Ridge, Colorado DearWheat Ridge Communily Development Department, Roush Industries, Inc. ('Roush') has been conducting light vehkle testngg based out of the Denver Metropolitan area since May of 2000. On March 1, 2017, Roush expaMed its Denver operations by moving to 5185 Miller Steel Wheat Ridge, Colorado (Parcel ID: 39-161-00-002), a property owned by local property owner, Nelson Real Estate Properties, Inc. As Roush has grown into the new Wheat Ridge location, we have come across safety issues caused by the legacy public mTt-of-way located on the old Miller Street beNreen 5185 Miller Sheet and modemday Miller Street Ro isi7'a biggest day -today concems are as idiom: • Non -employees parking in the right-of-way have caused near miss safety incidents due to their rushing in and out of the right-of-way without regard for others parked or enteringrexiting Roush's parking lot. • Non -employees parking in the right of way have regularly partially blocked the main entrance and exit from Miller Street, blocking visibility and preventing two-way traffic in and out of the parking lot. • Individuals accustomed to parking in the right-of-way will often pads in Roush's private parking lot without any regard for private property. • Overnight parking in the right-of-way has prevented Roush from adequately clearing snow from its own parking lot and the right-of-way, Mere wasn't any public plow service for the right- of-way during the winter of 2017-2018 and snow maintenance fell to Roush. • There is a risk that non -employees parking in the parking lot and right-of-way will cause damage to Roush employee and customer vehicles parked in Roush's parking lot. Roush could be liable for damage mused by others. To resolve these issues, Roush proposes that Wheat Ridge vacate the public right-of-way adjacent to 5185 Miller Street and grant it to the property known as 5185 Miller Street, Wheat Ridge, CO, 80033. Roush is working with its landlord, Nelson Real Estate Properties, Inc., to eliminate the safety conmms caused by the legacy public right-of-way. Please don't hesitate to contact me If you have any questions or concerns with Roush's aVached Land Use Application. I may be reached at (734) 779-7183. Sincerely, ri5 In Staff Attorney, Facilities Department Roush Industries, Inc. Planning Commission 11 Case No. WV -18-01 /Roush Industries, Inc. EXHIBIT 7: SITE PHOTOS Looking south along Miller Street from Ridge Road. The sidewalk and asphalt for the former Miller Street can be seen to the right (indicated by arrow). This is the right-of-way proposed for vacation. View looking north from Rocky Mountain Bottling. The current Miller Street to the right of the photo. The curb, gutter, and sidewalk of the former Miller Street can be seen near the center of the photo. Planning Commission 12 Case No. WV -18-01 /Roush Industries, Inc. f View looking northwest from Miller Street and W. 52nd Place. The structure in the background is 5185 Miller Street (subject property). The functional Miller Street thoroughfare is in the foreground, as is the access point into the subject property. The abandoned Miller Street right-of-way is between the yellow vehicle and the structure. View from the subject property looking south. A structure on the Rocky Mountain Bottling property is seen on the right. The former Miller Street right-of-way, which was vacated in 2006 and platted into the Rocky Mountain Bottling property, can be seen in the center of this photo. Planning Commission 13 Case No. WV -18-01 /Roush Industries, Inc. City of 9rNVh6at-R-:idge IZ1191IIi►[Ky04.711101to: ID)0 CASE NO. WV -18-01 PLANNING COMMISSION HEARING DATE: I, residing at to aZ, res 19, 2018 as the applicant for Case No. WZ-17-04 hereby certify that I have posted the Notice of Public Hearing at 5185 Miller Street on this —a+ 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: NOTE: This form must be submitted at the public hearing on this case and wi be placed in the applicant's case file at the Community Development Department. MAP �2 a I 11 City of ]O�Wheatldge CMMUNITY 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.D) July 5, 2018 Dear Property Owner / Current Resident: This is to inform you of Case No. WV -18-01 an application filed by Roush Industries, Inc. for vacation of former Miller Street right-of-way adjacent to 5185 Miller Street. 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: Plannine Commission July 19 2018 7:00 .m. City Council Sevtember 10, 2018 (-(i 7:00 i}.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 Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.wheatridge.co.us Vicinity May Vacation Site Ll WW 1801.doc ARVADA APARTMENTS REAL ESTATE MILLERCOORS LLC HOLDINGS TAX DEPT P 0 BOX 482 NELSON REAL ESTATE PROPERTIES INC 1020 NE LOOP 410 #700 3939 W HIGHLAND BLVD 6444 E HAI4PDEN AVE #350 SAN ANTONIO TX 78209 MILWAUKEE WI 53201 DENVER CO 80222 REGIONAL TRANSPORTATION DISTRICT 1600 BLAKE ST DENVER CO 80202 EXHIBIT RIGHT OF WAY TO BE VACATED N 714994.36 E 109156.25 NE COR SE 1/4 WE 1/4 SEC. 16, T3S, R69W FND. 3 1/4" BRASS CAP IN RANGE BOX PLS 19003 3� mi t� � I R=630.00' . d,. RECX F1466962 NW I/Ii SE 1/4 �u SEC. 16 TIS, R69W \ FND. 3 1/4 ALUM. CAP IN RANGE BOX PLS 22564 3, rT lV z 0.S \ NOTE q TEE RTE• OFA MEAT E AN HEREBY T933YY EASEMENT A DRAINAGE AND UTILITY \ EAg1ON OVER TRE ENTIRETY OF 71E Q y PORTION OF ABLER STREET WAY PROPOSED FOR V iy m A FOR VACATION.' LB_ r to m \ p + ®r T • ��au a — — 58933'021W � \ 30.00' moo, 1 1"= 60' ArmlW111 SE 1/4 SEC .6,4;SUCN3/ALMAP I IN RANGE BOX PLS ILLEGIBLE I N 712360.80 I E 109165.85 I I I I 41 1 City of �Wheatl ige COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. 09 July 2018 Roush Industries, Inc. Attn: Chris Richards and Josh Velez 5185 Miller Street Wheat Ridge, CO 80033 DELIVERED VIA EMAIL christoperxichards@roush.com joshua.velez@roush.com Re: WV -18-01 — 1" Review Dear Mr. Richards and Mr. Velez: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your application for a right-of-way vacation on property located at 5185 Miller Street. The first submittal of your application has been reviewed by City Staff and outside agencies. The Planning Division has no specific comments related to the request, but would like to call attention to the comments provided by the Public Works Department, Xcel Energy, and Valley Water District. All of these agencies have requested easements in order to maintain existing infrastructure within the former Miller Street right-of-way. The Public Works requested Drainage and Utility Easement is sufficient for Xcel Energy. I believe (but need verification from the City Attorney) that this easement can be granted via the same ordinance that would vacate the right-of-way if City Council approves of the vacation. However, Valley Water District does require their own separate easement that will need to be negotiated between Roush and/or the property owner and Valley Water. Please contact Valley Water immediately to begin obtaining the easement. Your vacation request is scheduled for a Planning Commission public hearing on July 19, and is tentatively scheduled for a City Council public hearing on September 10. In order to be heard and decided upon by the City Council, the easement with Valley Water will need to be in place. Please keep me apprised of the progress being made with the water district. Comments were received from the following outside agencies and city departments, and are attached for your review: • Wheat Ridge Police Department • Wheat Ridge Public Works • City of Arvada • Valley Water • Xcel Energy • Arvada Fire Protection District Please let me know if you have any questions. Sincerely, Zack Wallace Mendez Planner 11 303-235-2852 zwallace@c i. wh eatridge. co. us cc: Case file (WV -18-01) Enclosures Subvert: RE VVVY8 01 Resi,al [Raw Tuesday, And 19, 2018 3 43 50 DO We don't are one way orthee other. If it eases parking problemsthat would be good ago Mark Moellenberg Criminal In ve4lgations Bureau Wheat Ridge Police Department 7500 W.2Pit Avenue Wheat Ridge, W 80033 Dead 3032352906 www ci whaMtleeccus 44 City of WheatR`dge POLICE DEPARTMENT CONFIDENTIALITY NOTICE This, met formation It I nyforthe use ofthe individual or ettyramed above Ifyou are notthe handed reopere you are nothredthat any dodosun, expand computer elexpronicstorage or use ofthiscommuniodon sprohnoted upon received this communication in error please nmlryua immediately Cartel aftachingthe original message and deleretta original message tom yourcomauter, and any neworkto vench Four computer sconnewed Thank you From: Zackary Wallace Sent Tuesday, lune 19, 2013313PM To: Mark Moellenberg<mm0ellenberg@ci whaMtlgecc us, Subject: We 1841 Referral Mark, The Meat Ridge Community Development Department has received a request for approval of aright of way vacation at 5185 Miller Street (Case No.CAP/ -0801). Please download the application documents from the City drive: Folder V VCommun v Deva a an f Land Use Case Referral File name AW/ i801—Miller Street vacation Comments are due by Tuevolme July 3, 2018 no response from you will constitute having no objections or concerns. Feel free to be In touch with any additional Russians. Thank you Zack Wallace Mendez Planner 11 7500 W 29th Avenue Meat Rltlge, Colorado 00033 Office Phone 303235-2852 Fax 3032312857 spow, a wheatridgeccus ♦SAI CIfY Of ridge WheatR PUBLIC WORKS Memorandum TO: Zack Wallace Mendez, Planner II FROM: Dave Brossman, Development Review Engineer DATE: June 28, 2018 SUBJECT: WV -18-01 / Miller Street Vacation - 5185 Miller Street I have completed my first review for the request of the vacation request submitted on June 19, 2018, and I have the following comments: The Exhibit needs to include the following note: "NOTE: The City of Wheat Ridge hereby reserves a Drainage and Utility Easement over the entirety of the portion of Miller Street Right -of -Way proposed for vacation." 5185 Miller St ROW Vacation Review) It doc: EXHIBIT RIGHT OF WAY TO BE VACATED N 714994.36 E 109156.25 NE COR SE 1/4 WE 1/4 SEC. 16, T3S, R69W FND. 3 1/4" BRASS CAP IN RANGE BOX PLS 19003 3� mi t� � I R=630.00' . d,. RECX F1466962 NW I/I, SE 1/4 �u SEC. 16 TIS, R69W \ FND. 3 1/4 ALUM. CAP IN RANGE BOX PLS 22564 3, rTp � N \lV z 0.S \ 'E: The City of Wheat Ridge hereby ves a Drainage and Utility Easement the entirety of the portion of Miller m I Right -of -Way proposed for vacation. • ��au a — — — — 58933'020W � \ 30.00' li�q \ \ U�eo• 1 1"= 60' _ NW %4 W 1/4 FNC.36,/4�SALUM CAP I IN RANGE BOX PLS ILLEGIBLE I N 712360.80 I E 109165.85 I I I I From: Rob Smetana To: Zackar Wallace Subject: Re: Wheat Ridge Referral - WV -18-01 Date: Monday, June 25, 2018 3:24:36 PM Zack, Per John Firouzi: "We don't have any concerns given that the curvy portion of Miller Street will stay as -is. It's worth noting that the City of Arvada does have plans to re -stripe Miller Street to include bike lanes (per our Bike -Ped Station Access Plan). The vacation of ROW does not impact our plan." Rob Smetana, AICP Manager of City Planning and Development 720.898.7440 rsmetanaCaarvada. ora ❑0 Tue, Jun 19, 2018 at 3:22 PM, Zackary Wallace vallacenci.wheatridee.co.us> wrote: he Wheat Ridge Community Development Department has received request for approval of a right-of-way vacation at 5185 Miller Street ❑®(Case No. VW -18-01). You may access and download the application documents at the following Dropbox link: J❑ ❑ ❑ ❑ 1 Comments are due by Tuesday, July 3,2018 ' ,2018; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Zack Wallace Mendez 1NFTTIMall 06/22/18 _FRI 08:22 FAX 303 424 0828 VALLEY WATER DIS 0 001 VALLEY WATER DISTRICT 121111 WEST 52ND AVENUE w f JEAT RIDGE, COLORADO ADO 801133 TELr',rriutur 303-424-9601 P A X 30,1-424-0828 Juste 22, 2018 Zack Wallace .Mendez City of Wheat Ridge 7500 W, 29"" Avenue Wheat 1Lldge, CO 800:13 Dear Zatch: Tit reference to your Case No. WV -18-01, Roush industries, the Valley Water 17istricl has reviewed the referral and offers the fOlIOWin9 continents. 'Valley Water Di, t'rict has a l2" water i'iia.ln line situa.lecl within the easerne rit. (;the former Miller Street ritiht of way). Li order for the llistrjut to approve the vacation of the current ri ht of wa.y, a new 30' easement would need to be -ranted to the District by the owner. if the owner intends to remove the asphalt within the existiit-f." ea.sei»ent, a 50' easement would be required. III addition, there are restrictions as to what can be placed on the eatsemcnt. The owner will need to contact the D1tilI'ict prior to vacatiri� talc ourrent t;a5ellient to 'l etisurc tl•►at the appropriate replacement casement is obtained. Please feel free to contact nie with a.ny further questions. Sine rely, I4niiI e 1)istrict Office ManaEP— Xcel EnergysM PUBLIC SERVICE COMPANY July 3, 2018 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 IG[ir, 11=1M5111 1I FiT1f di MT 171 Right of Way & Permits 1123 West 3° Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 3 03. 571.3 284 donna.I.george@xcelenergy.com Re: The Vacation of R.O.W. for 5185 Miller, Case # WV -18-01 Public Service Company of Colorado (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Vacation of R.O.W. for 5185 Miller. Please be aware that PSCo owns and operates existing intermediate pressure and natural gas main facilities within the area to be vacated. Therefore, we must deny the request for vacation until an easement is reserved for these facilities. Does the City of Wheat Ridge have an easement reservation process, or will an easement by separate PSCo document need to be acquired? Please contact me at 303-571-3306 or donna.l.george@xcelenergy.com. Donna George Right of Way and Permits Public Service Company of Colorado Fda.: owned, beyond L has Zedrea uses. Subvert: RE The weaver, F R 0 W Ar 51 Vs, that would be awesmel moral mairry mal royal and around P 303 571 3306 1 F 303 571 3660 PI.... Rohl eni whole running this any From: Zakary Wallace [mallb'.zwallacel wheat idea cc us] Bent: Tuesday, July 03, 2018 7 45 AM To: George, Donna L Subject RE'. The Vacation of R . W. JET 5185 Mllla, Case Y WV 18 01 Hi Don Thank you for yourfeedback on the vacation request. As part ofthe vacation referral pmmsthe Public Works Department hasrequeged a Damage and Utility easement overtheentirety ofthe portion of Miller Street ght of y proposed for vacation. Istt acceptableto have the%ml intermediate pressure and natural assumed facilities within this general utility easements Thank you tad Wallare Mendez, AICP Ph Try, 11 303 235 2852 1�9WCity atR�lge c DEVLLOPMENT From: George, Donna L <Donna. L Gel arel energy. com> Sent Tueatla µ July 3, 2018 669 AM To:Zackary Wallace awallace@cL wheaMtlge cc us> Subject: The Vacation of R W. fil Miller, we # We 13 01 -t7jLda - Mm Pmtect.ion lgialftt MWMMM3 Allison Way Arvada CO 80005 • 303-424-3012 •303-432-7995 fax July 3, 2018 Mr. Zack Wallace Mendez, Planner City of Wheat Ridge 7500 W 20' Avenue Wheat Ridge, CO 80033 Re: Roush Industries, COWR Project WV -18-01 Mr. Wallace Mendez: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. 1. Fire protection service This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak Street. 2. Comments The AFPD does not have any specific comments that need to be addressed as part of this referral. Please contact me at (303) 403-0477 or via e-mail at steven.parkerAarvadafire.com if you should have any questions or need further information. Sincerely, Steven Parker Deputy Fire Marshal ♦6 A♦ City of WheatlRidge CommuNLTy DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: June 19, 2018 Response Due: July 3, 2018 The Wheat Ridge Community Development Department has received a request for approval of a right- of-way vacation at 5185 Miller Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WV -18-01 / Roush Industries Request: The applicant is proposing to vacate remnant right-of-way for the former Miller Street near West 52ntl Place. This right-of-way once served as the main thoroughfare for Miller Street. However, in 2005, with the development of the Arvada Ridge shopping center, Miller Street was re-routed to the east. Though a new roadway was constructed, the former Miller Street right-of-way remained. The right-of-way proposed to be vacated measures approximately 6,230 square feet. The vacation will allow the property owner and tenant to better control this portion of their site. Due to its current designation as public right-of-way, the public often parks in the area proposed to be vacated. The current tenant has noted that this causes access and safety concerns for the business and its employees. Please specify if any utilities are located within this right-of-way, so appropriate easements may be determined. If you need further clarification, contact the case manager: Case Manager: Zack Wallace Mendez Phone: 303.235.2852 Email: zwallace@ci.wheatridge.co.us Fax: 303.235.2852 DISTRIBUTION: Valley Water District Clear Creek Valley Sanitation District Arvada Fire District City of Arvada Xcel Energy Century Link Comcast Cable Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Urban Renewal Authority Vicinity Map ro of `JAI heat Ri:!jge Geographic Information Systems R\�GG Legend O Right-of-way - ani. e Wheat Ridge City Limits City of Arvada LM Proposed ROW vacation RD•. F 0 N�N LJ. o LU eN J J state Plane Coordinate Projection Colorado Central Zone Datum: NAD83 A +IT' NOTE: Land use applications must be ti submitted BY APPOINTMENT with a � City Of planner. Incomplete applications will not ]��Wh6atWidge be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Chris Richards Phone (734) 779-7183 Email Christopher.Richards(cD.Roush.com Address, City, State, Zip. Roush Industries. Inc.. 5185 Miller Street. Wheat Ridae. CO 80033 Owner Nelson Real Estate Properties, Inc. Phone (303) 721-1650 Email neincl2(cDoutlook.com Address, City, State, Zip 6444 East Hampden Avenue, Suite 350. Denver, CO 80033 Contact Roush Industries. Inc. Phone (734) 779-7183 Email Christopher.Richards(a)Roush.com Address, City, State, Zip Roush Industries. Inc.. 11916 Market Street. Livonia. MI 48150 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 5185 Miller Street, Wheat Ridge. CO 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit 13 Subdivision – specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26-.... . ) 0 Right of Way Vacation O Other: Detailed description of request: Annex former right of way dissecting property known as 5185 Miller Street, Wheat Ridge, CO 80033, please see attached site survey documentation for reference. Annexed property will become a part of Parcel ID 39-161-00-002 owned by Nelson Real Estate Properties, Inc.. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-.attvrney° from the owner which approved of this action is behal Notarized Signature of Applicant State of Colo rad } County of �Pt-esorl ss The foregoing instrument (Land Use Processing Application) was acknowledged by me this f K. day of J u,v� , 20_L ,-�,_ �_ �L-x >My commission expires �/_/20� WENDY: SUE St-ANLEY Notary Pu �— Notary Public, State of Mich gan county of Wayne My ommisslon tXPIFU5 0 1 -o4,2021 To be filled out by staff: Acting in the County of Ul Date received Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sgft) Rev 1/27/2016 Fee $ Receipt No. Pre -App Mtg. Date Current Zoning _ Proposed Zoning _ Case No Quarter Section Map Case Manager Current Use Proposed Use City of Wheat Ridge 2018-06-19 08:58 CDBA ZONING APPLICATION FEES CDB019398 AMOUNT FMSD ZONING APPLICATION FEE 500.00 FMSD ZONING REIMBURSEMENT F 225.00 PAYMENT RECEIVED AMOUNT CHECK: 078872 725.00 TOTAL 725.00 ROUSH,6 Facilities Department 11916 Market Street Livonia, MI 48150 Phone 734-779-7183 Fax 734-779-7956 June 12, 2018 City of Wheat Ridge Community Development Department Attn: Zack Wallace Mendez 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Right of Way Vacation/Annexation, 5185 Miller Street, Wheat Ridge, Colorado Dear Wheat Ridge Community Development Department, Roush Industries, Inc. ("Roush") has been conducting light vehicle testing based out of the Denver Metropolitan area since May of 2000. On March 1, 2017, Roush expanded its Denver operations by moving to 5185 Miller Street, Wheat Ridge, Colorado (Parcel ID: 39-161-00-002), a property owned by local property owner, Nelson Real Estate Properties, Inc. As Roush has grown into the new Wheat Ridge location, we have come across safety issues caused by the legacy public right-of-way located on the old Miller Street between 5185 Miller Street and modern-day Miller Street. Roush's biggest day-to-day concerns are as follows: • Non -employees parking in the right-of-way have caused near miss safety incidents due to their rushing in and out of the right-of-way without regard for others parked or entering/exiting Roush's parking lot. • Non -employees parking in the right of way have regularly partially blocked the main entrance and exit from Miller Street, blocking visibility and preventing two-way traffic in and out of the parking lot. • Individuals accustomed to parking in the right-of-way will often park in Roush's private parking lot without any regard for private property. • Overnight parking in the right-of-way has prevented Roush from adequately clearing snow from its own parking lot and the right-of-way, there wasn't any public plow service for the right- of-way during the winter of 2017-2018 and snow maintenance fell to Roush. • There is a risk that non -employees parking in the parking lot and right-of-way will cause damage to Roush employee and customer vehicles parked in Roush's parking lot. Roush could be liable for damage caused by others. To resolve these issues, Roush proposes that Wheat Ridge vacate the public right-of-way adjacent to 5185 Miller Street and grant it to the property known as 5185 Miller Street, Wheat Ridge, CO, 80033. Roush is working with its landlord, Nelson Real Estate Properties, Inc., to eliminate the safety concerns caused by the legacy public right-of-way. Please don't hesitate to contact me if you have any questions or concerns with Roush's attached Land Use Application. I may be reached at (734) 779-7183. Sincerely, ris Rich Staff Attorney, Facilities Department Roush Industries, Inc. Limited Power of Attorney BE IT ACKNOWLEDGED that 1, Brickey Spear, on behalf of Nelson Real Estate Properties, Inc., having a registered address of 6444 East Hampden Avenue, Suite 350, Denver, Colorado 80033, do hereby grant a limited specific power of attorney to Roush Industries, Inc., having a registered address of 12445 Levan Road, Livonia, Michigan 48150 as my attorney-in-fact. Said attorney-in-fact shall have my full power and authority to undertake and perform only the following acts on my behalf: 1. Vacation of right-of-way located adjacent to Nelson Real Estate Properties, int.'s property located at 5185 Miller Street, Wheat Ridge, CO 80033. Roush Industries shall be permitted to submit all necessary land use case processing applications on Nelson Real Estate Properties, int.'s behalf so that the right-of-way may be added to the property identified as Parcel ID 39- 161-00-002. The authority granted herein shall include such incidental acts as are reasonably required to carry out and perform the specific authorities granted herein. Nelson Real Estate Properties, Inc: s attorney-in-fact agrees to accept this appointment subject to its terms, and agrees to act and perform in said fiduciary capacity consistent with Nelson Real Estate Properties, Inc,'s best interest, as the attorney-in-fact, in its discretion, deems advisable. This power of attorney is effective upon execution. This power of attorney may be revoked by Nelson Real Estate Properties, Inc. at any time. Any person or entity relying on this power of attorney shall have full rights to accept and rely upon the authority of the attorney-in-fact until its receipt of actual notice of revocation. Signed this day of June, 2018 by Nelson Real Estate Properties, Inc.'s duly authorized manager. Signature: Brickey Spea I anagcr i R£C.g F1466962 1"= 60' EXHIBIT RIGHT OF WAY TO BE VACATED NE COR SE 1/4, NE 1/4 SEC. 16, T3S, R69W FND. 3 1/4' BRASS CAP IN RANGE BOX PLS 19003 9 x ayl CI W H ��m W �I rN- � 7!114 W 3 I � I N I 8 Z I I I R=630.00' L=195.14' CD=194.36' C8=N9'05'23"W 1 7,'44'49" £ate NW 1/4` SE 1/4 FND. 361/4ISALUM.CAP 1 IN RANGE BOX PLS 22564 r� 1 P.O.B. \ a � A m N a u e o�� m � � 1 S89'33b2"W 1 W'ti\D � i�1r $ � .-1p m-zn.an• ca�Hasrsg a taat'ze W b W SE MR NW 1/4, SE 1/4 I SEC. 16, TSS, R69W FND. 3 1/4 ALUM. CAP IN RANGE BOX PLS ILLEGIBLE I I I I I I SCALL T' -1b' Hv -RY US SURVEY FEET I I/iR 30C REG/ FI966962 Pu 2Role �� NI a eP� =B 2w e4. 3302 W 1 29DH 1 1'1 1 9oOY niC% fARmeis,T esW � 1 1 1 � �I� ul�a�eox u�'EaeRE I I LAND SURVEY PLAT PORTION OF MILLER STREET TO BE VACATED BEING A PORTION OF THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LEGA. DES01111OWN' (AS MRWM) A PORTION OF HILLER STREET RIGHT—OF WAY TO BE VACAMC, A PORTIO! OF [ANO BEING IN E EMT ONE—HAUF OF SECTOR TOWN PIE MERVAN, OT' OF WEAT RIDGE COUNTY TONNSRIP OFWJETTENSTINR SOANGN, STATE OFCO.DRADD BEING MORE PARTIOILARLY DES RIBEG AS FOLOWS COMMENONG AT WE NORTHEAST CORNER OF WE NORRWEST QUARTER OF THE SOUTHEAST OU, OF SAID SECTION 16. WHENCE WE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER RH ARTER OF E SOUTHEAST QUARTER Q SAID SECTION 16 BEARS S 001X11' E. FORMING E BASIS OF BEARING FOR THIS DFSCRIPT-. THENCE S 001X11' E ALONG WE EAST UNE OF WE NRTMWEST QUARTER OF WE SOUTHEAST WA"' A IN GE OF 7251 FEET TO THE POINT CE BEGONING; THENCE CORTNUING 5 001X11' E A DISTANCE O'148.55 FEEL TO A PONT OF THE NORTH UNE OF TRE ROORY MORRTAIN SOTTLMC SUBDINSIOI; THENCE S 88'3702' W ALONG SAID NORTH MINE A OISTANCE OF 30A0 MET; THENCE N 0012'11' W A DISTANCE OF 219.20 FEET; THENCE N 001X5Y W A DISTARCE OF 1IRSO F ;; WENM 105.14 FEET ALONG AN ARC OFA CURVE TO WE LEFT, SAID CURW HAVING A CENTRAL ANGLE OF 17'AAQ', A RADIUS OFWON FEET ARO A WORD M M BEANS 5 DIFOW7X W A DISTANCE OF 194.38 MET TO WE PONT OF BEGNNMO SAID PARCEL OF HAND CONTAINING 9299.7 SOFT. \ 0.14 AMES MORE UR IE55 aljt T. DAIS OF SURVET. MAY 14. 2018 2 THE AREA OF PROPERTY AS SITRWYUy. 0299.7 SQ.FT. \ 0.14 ACRES MOTE OR 1E55 CE ACCORDING TO C—MG LAW. YOU MUST COMMENCE ANY EEGAL ACTON BASED UPON AA DEFECT IN THIS SURVEY H1HIN WREE YEARS AFTER VDU FIRST DISCONA SUCH DEFECT. IN NO EWNT MAY ANY ACTON SABER UPON ANY DEFECT IN TRIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM WE DATE OF WE CERTACATOR SHOWN HEREON, A KURT UNN h ASSOCIATES DID NOT PERFORM A TRE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH DONORSHIP, EASEMENTS OR RIGHTS—O"—WAY OF RECORD, NO TTLE POUCY OR COMMITMENT WAS PRONGED TO ESTABUSH THE EMSTENCE THEIEO". BOUNDARIES AND EASEMENTS SHOWN HEREON ARE PER WE RECORD PUT. R. BASIS OF BEARINQ BEARINGS ARE BASED UPON WE WEST UNE OF WE NORTHWEST QUARTER OF WE SOUTHEAST QUARTER OF SECTION 15, TOMNSHP 3 SOUTH, RANGE 57 WEST OF WE 6 P.M.. ASSUMED TO BE N 0041'61' W SHOWN HEREON. lnd.*g Sb.U. Bt DOPOYIad Mb doy Of MIT n1 M., In Booty Of Ma C—ly SNrveW- Iand —Y/dght of — a — Ot POO._ P.—U. NO, nisi raunTy 7--m , imr Lt" d M90 PH3�_2vssT_I993 9O2D5 PARCEL 0E9CRIP7Kft RIGHT OF WAY 70 BE VACAIM A PORTION OF MILLER STREET RIGHT—OF WAY TO BE VACATED, A PORTION OF LAND BEING IN THE EAST ONE—HALF OF SECTION 16, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPLE MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 BEARS S 00'12'11" E. FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE S 00'12'11" E. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 72.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00'12'11' E A DISTANCE OF 146.55 FEET TO A POINT OF THE NORTH LINE OF THE ROCKY MOUNTAIN BOTTLING SUBDIVISION; THENCE S 89'33'02" W ALONG SAID NORTH UNE A DISTANCE OF 30.00 FEET; THENCE N 00'12'11" W A DISTANCE OF 219.20 FEET, THENCE N 00'12'53" W A DISTANCE OF 119.50 FEET; THENCE 195.14 FEET ALONG AN ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 17'44'49", A RADIUS OF 630.00 FEET AND A CHORD WHICH BEARS S 09'05'23" W A DISTANCE OF 194.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 6299.7 SQ.FT. \ 0.14 ACRES MORE OR LESS ."�""gyp 11 REC'n•"„� `o��4A s • •P� • Sri''' GORDON S. PAGE III PLS 29048 = 090 KURT UNN & ASSOCIATES JOB # 1805-07 i —16— 018: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY: IT IS INTENDED TO DEPICT THE EASEMENT TO BE VACATED DESCRIBED HEREON.