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Home My WebLink AboutOrdinance-1998-1136 - - INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 36 Ordinance No. 1 l1fi Series of 1998 TITLE: AN ORDINANCE AMENDING SECTION 26-6, LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES, OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PROCEDURES FOR RIGHT-OF-WAY VACATIONS, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, SectIOn 26-6 of the Wheat RIdge Code of Laws dIctates rules and procedures for legIslatIve and admll1lstratlve processes, and WHEREAS, there IS no coddied procedures for right-of-way vacatIOns, and WHEREAS, the CIty of Wheat Ridge should adopt a formalized process for nght-of-way vacatIons BE IT ORDAINED BY THE CIT\' COliNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT SECTION 26-6 OF THE WHEAT RIDGE CODE OF LAWS IS HEREBY AMENDED BY THE ADDITION OF SUBSECTION (I) PERTAINING TO THE PROCESSING OF RIGHT-OF-WAY VACATIONS: Section I: Amend SectIon 26-6 of the Code of Laws by addl11g the followl11g subsectIOn (I) pertaml11g to the processlI1g of right -of-way vacatIOns. (I) RIGHT-OF-WAY VACATIONS Street right-of-way vacations can occur by ordl11ance or by tinal plat and can be mitrated by either the CIty of Wheat RIdge or by a pnvatc party (1) VACATIONS BY PLAT When a strect IS bemg vacated as part of the plattll1g process It shall be graphically shown and shall be deSIgnated as bel11g "'hereby vacated" The document for vacatIOn m thIS Il1stance shall folio,,", the form and content of a final plat outlined in SectIOn 3 C of the SubdIVISIon RegulatIons and shall be processed 111 accordance WIth SectIOn 3 C,I "Processmg of the Fll1al Plat" All submittal requIrements of the plattll1g proccss shall be proVIded by the applrcant. There shall not be an additional charge for the processll1g of the vacatIon 111 tillS mstance. (2) V AC A nONS BY ORDINANCE A..pplicatlons for vacatIOn by ordmance may also be orIgmated by the CIty of Wheat RIdge or by a pm'ate property ownt:r Ifrt IS a CltY-ll1ttJated vacatIon, the Department of PublIc Works shall prcpare a It:gaI desenptlon of the nght-of-way propost:d to be vacated attached to an admi11lstratlve (d) That adequate easemcnts have becn reserved for use and/or mal11tenance by the CIty or other utllrty agencIes, (e) PLANNING COMMIS'IION REVIEW Planning CommIssIon shall hear and consider any cVldcncc or statement presented by the apphcant. CIty Stail or by any person m attendance at the heanng, The PIanmng CommISSIOn shall then make a recommendatIOn to CIty Councr! to approve, approve wIth condltlOns or deny the applrcatlon, hasmg ItS recommendatIons on the facts presented III the public hearing as apphed to the Cntcna ti.Jr Review as specIfied III subsectIon (4). hcreof PIanl11ng COml11lSSl0n may recommend condItions or stIpulatIOns. whIch may ll1c1ude use limitations or operational stIpulations such as reservatIon of utIlIty easements or access easemcnts. A recommendatIOn of del1laI by thc PIannll1g COmnllSSl0n shall be consldcrcd tinal. unless the CIty or the apphcant tiles an appeal to CIty Councr!, wIth the CIty Clcrk wlthm ten (10) workmg days of the Planl1lng CommISSIOn decisIOn (0 CITY COUNCIL REVIEW CIty Councr! shall revIew and decIde upon all requests for rIght-of--way vacatIons. upon rccommcndatlOn of PIanl11ng C ommlSSlOn for approval. or upon appeal of a recommendatlOn for del1laI by Planl1lng CommlsslOn, VacatlOns shall be approved by passage of an ordmance, followl11g the CIty' s ,tandard ordl11ance adoptIon procedures, or by tinal plat approval m which case a separate ordll1ance IS not reljlllred. Notice of pubhc hearing shall be by pubhcatlOn, letter and sIte postll1g 111 the manner prOVIded m subscctlon (3). hereof CIty Councr!1ll addItion to conSIderation of the Planl11ng CommISSIOn record shall hear additIOnal e\ildence and tcstlmony prcsentcd and elthcr approve. approve WIth modrficatlOns, or deny the ordlllancc CIty Councr! shall base ItS deCISIon upon all eVldcnee presented. WIth due Cllllsldcratlon of the Criteria for ReVIew as set forth under subsectIOn (-l), hcrcof (g) RECORDATION All approved vacatlOn ordll1anees or plats WIth strect vacatlOns shall be recorded WIth the .Jefferson County Clerk. and Recordcr by thc CIty wlthm thIrty (30) days of the eifectlve date of such ordlllance or plat approval (h) VESTING OF TITI F When a rIght-of-\vay IS \ acated, title to the vacated nght-or-way shall vest WIth adJacent propert:- owners or the orIgll1al grantor or Its successors-ll1-mterest as proVIded by C ,R.S 43-2-30 I, et seq Section 2, Safetv Clause, The CIty Councr! hcreby finds, dctcrmmes, and declares that thIS ordlllance IS promulgated under the general police power of the CIty of Wheat Rldgc. that It IS promulgated for the health. safety, and welfare of the pubhc and that thIS ordmance IS necessary fiJr the preservatIon of health and safety and for the protectIOn of publrc conVCl1lence and welfare The CIty Councr! further determll1cs that the ordmance bears a ratIOnal relatIOn to the proper legIslatIve obJcct sought to be attamed, Ordinance No 36 ZOA--98-04 Page 3 Section 3. Severablhty. If any clause, sentence, paragraph, or part of this Zomng Code or the apphcatlon thereof to any person or ClrcumstaneCS shall for any reason be adjusted by a court of competent.l UrISdlctlOn mvahd, such Judgment shall not affect apphcatJon to other persons or cIrcumstances Section 4. SuperscsslOn Clause, If any provIsion. reqUIrement or standard estabhshed by thIS Ordmance IS found to conflIct wIth sImilar provIsIons, requirements or standards found elsewhere in the Code of Laws of the CIty of Wheat RIdge, whIch are 111 eXIstence as of the date of adoption of tIus Ordmance, the provIsIons, reqUIrements and standards herem shall supersede and prevad Section 5. ThIS ordmance shall take effect 15 days after final pubhcatlon. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of~_ to 0 on thiS 12th day of October . 1998, ordered pubhshed m full 111 a newspaper of general cIrculatIon 111 the CIty of Wheat RIdge and Pubhc Hearing and consideratIon on final passage set for November 9 , 1998. at 7 000 'clock p,m" 111 the Councd Chambers, 7500 West 29th ^ venue. Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readl11g by a vote of ~ to 0 ,thIS 9th day of November , 1998 SIGNED by the Mayor on thIS 10thdayof November ,1998 I, I. -f. I _.:...-'-- GRETCIIEN CERVENY, MAYOR ATTEST .j,i.'~L. Wanda Sang, Clt erk ^PPRO~ED AS TO FORM BY CITY ATTORNEY /7 ' /, / , I ,/ "(2w' ~ V ' " ::7 /),J..A.n'l. ' , . j~ / GER'1(LD DAIIL. CITY ATT RNEY 1st Pubhcatlon, October 16, 1998 2nd Pubhcatlon, November 13, 1998 Wheat Ridge Transcnpt EffectIve Date November 28, 1998 ( '\,Harbar;]\CCRPT\,.RF'l( l-()RD\vacatillllord \\J1d- Ordinance No 36 7()t\-98-04 Page 4