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Home My WebLink About2021 Ordinance No. 002 Page 1 of 3 BY AUTHORITY ORDINANCE NO. 2 COUNCIL BILL NO. 61 SERIES OF 2020/2021 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING THE VACATION OF APPROXIMATELY 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, TO KEVIN FASING AND CALEY DOW. WHEREAS, Kevin Fasing and Caley Dow, property owners of 3649 South Grant Street, Englewood, Colorado have requested the City vacate its legal interest in approximately 4,000 square feet of right-of-way for East Jefferson Drive, such right-of-way located in the Northeast Quarter of Section 3, Township 5 South, Range 68 West of the 6th Principal Meridian to allow for construction of additional housing; WHEREAS, the legal description of the right-of-way for which vacation of legal interest is requested is as follows: 24.22 feet NE from and parallel to the NE boundary of Lot 4, Block 3 of AW Hiner's Subdivision and that portion of Lot 4, Block 3 of Higgins Broadway Addition described as follows: Beginning at the Northwest corner of Lot 4, Block 3 of AW Hiner's Subdivision, thence North 26.59 feet to the Southwesterly line of Jefferson Drive; thence Southeasterly along the Southwesterly line of Jefferson Drive 50.37 feet to the North line of Lot 4, Block 3 of AW Hiner's Subdivision; thence along the North line of Lot 4, Block 3 of AW Hiner's Subdivision 42.78 feet to the point of beginning, then South to the NE and NW corners of said property. As shown on Exhibit A, Attached hereto. WHEREAS, Xcel Energy has acknowledged that it has/maintains utility facilities within the right-of-way proposed for vacation, and such comments are set forth on Exhibit B attached hereto; WHEREAS, Century Link has confirmed it has/maintains aerial copper cable in the alley running North from East Kenyon Avenue to East Jefferson Drive, such alley located on the NW corner of the area proposed for vacation, and requesting such utility infrastructure continue to be protected from any future development within the vacation area, as shown on Exhibit C attached hereto; WHEREAS, the City of Englewood has not received any further notification from private utilities regarding existing facilities located within the proposed vacation area; WHEREAS, the City of Englewood currently maintains an eight-inch (8") sewer line within the alley which runs along the eastern portion of the proposed vacation, and for which DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 Page 2 of 3 the applicant shall provide a utility easement/reservation consisting of seven and one-half feet (7.5') on either side of the sewer line as measured from the center line of said sewer pipe for a total width of fifteen feet (15'), as set forth in the City of Englewood 2020 Design and Construction Standards and Specifications, Section 1.3.8.4, and as shown on Exhibit D attached hereto; WHEREAS, no other property owners abut the roadway right-of-way requested to be vacated; WHEREAS, on October 20, 2020 the Englewood Planning and Zoning Commission heard testimony regarding the vacation and voted to move the application to the Englewood City Council for further action, as shown on Exhibit E attached hereto; and WHEREAS, the notice of a Public Hearing was published on November 5, 2020, and a public hearing was held by the Englewood City Council on November 16, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed so as to understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on November 16, 2020 makes the following findings: 1. That due and legal notice has been given by publication in the City's official newspaper and by posting on the City's website on November 5, 2020. 2. No private rights will be injured or endangered by the vacation of a portion of East Jefferson Drive, no land will be left without access to a public roadway, and the public will suffer no loss or inconvenience thereby, and the land to be vacated is no longer necessary for the public use and convenience. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. 5. That all existing rights-of-way and/or easements, whether owned by the City or private companies for public utilities or public service facilities currently in existence shall be reserved, maintained and not disturbed by any future development of the property. 6. That the applicant shall provide to the City a 15-foot (15') utility/sewer easement for the existing sewer line in accordance with the City of Englewood 2020 Design and Construction Standards and Specifications, Section 1.3.8.4, and such easement shall be on file prior to the issuance of any building permit upon the property. Section 2. The City Council of the City of Englewood, Colorado, hereby incorporates the recitals as set forth above within this ordinance, and approves the DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 Page 3 of 3 vacation of the City’s legal interest in the roadway right-of-way as shown on Exhibit A, attached hereto, subject to those reservations set forth in Section 3, below. Section 3. This order approving this requested vacation reserves to the City and the owners of any lesser property rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement or established within the public reservation that are in existence and use as of the day upon which this Ordinance is approved. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of December, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of December, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of December, 2020 for thirty (30) days. Read by Title and passed on final reading on the 4th day of January, 2021. Published by Title in the City’s official newspaper as Ordinance No. 2, Series of 2020/2021, on the 7th day of January, 2021. Published by title on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 2, Series of 2020/2021. Stephanie Carlile DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 xhibit AProposed vacation24.22 feet NE of NE boundary28.4 feet N of NE and NW corners152.5 feet longDocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 EXTERNAL - STOP & THINK before opening links and attachments. From:Martinez, Robyn M To:Wade Burkholder; James.Elkins@CenturyLink.com Subject:RE: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Date:Wednesday, October 7, 2020 4:14:29 PM Attachments:image001.jpg image003.jpg USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hi Wade, Xcel Energy has no objection to this row vacation as long as utility rights are maintained for existing facilities within the vacation area. Should you have any questions please do not hesitate to contact me Thank you, Robyn Martinez Xcel Energy Contract Right-Of-Way Agent O: 303.716.2043 E: robyn.m.martinez@xcelenergy.com XCELENERGY.COM Please consider the environment before printing this email. From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Monday, September 28, 2020 9:32 AM To: James.Elkins@CenturyLink.com; Martinez, Robyn M <Robyn.M.Martinez@xcelenergy.com> Cc: Wade Burkholder <wburkholder@englewoodco.gov> Subject: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Good Morning: The City of Englewood has received the attached right of way vacation request for a portion of E. Jefferson Avenue adjacent to the residential property at 3649 S. Grant Street. Please forward me your findings of acceptance or non-acceptance of this right of way request from your respective utilities operations by close of business October 9th, 2020. If you have any questions please do not hesitate to contact me. Best Regards, Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 Exhibit BDocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 From:Elkins, James To:Wade Burkholder Subject:RE: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Date:Thursday, November 5, 2020 7:51:23 AM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. There is an aerial copper cable take runs down the alley from E Keyon Ave north to E Jefferson Drive. Any questions please call. Thank you James Elkins |OSP Field Engineer MOUNTAIN, LTD. Cell: 720-545-6037 801 W Mineral Ave. Suite 100 Littleton, CO 80120 james.elkins@lumen.com From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Wednesday, November 4, 2020 1:08 PM To: Elkins, James <James.Elkins@CenturyLink.com> Subject: FW: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Importance: High Hello, I am following up on the request sent on September 28th regarding a request for vacation of right of way, see below, I was hoping to have an answer as to whether there are Century Link utilities in this location that need to be accounted for in this request. This is going to be going to City Council for recommendation and I will need an answer no later than Thursday at 5pm. Thank you. Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 wburkholder@englewoodco.gov | o: 303.762.2341 From: Wade Burkholder Sent: Monday, September 28, 2020 9:32 AM To: James.Elkins@CenturyLink.com; robyn.m.martinez@xcelenergy.com Exhibit CDocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 Cc: Wade Burkholder <wburkholder@englewoodco.gov> Subject: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Good Morning: The City of Englewood has received the attached right of way vacation request for a portion of E. Jefferson Avenue adjacent to the residential property at 3649 S. Grant Street. Please forward me your findings of acceptance or non-acceptance of this right of way request from your respective utilities operations by close of business October 9th, 2020. If you have any questions please do not hesitate to contact me. Best Regards, Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 wburkholder@englewoodco.gov | o: 303.762.2341 This communication is the property of Lumen Technologies and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 U /vaouwmrv rots:2 Am/Mu: ‘ VNE 561104 mm,Propos ,9.W.2...;24.22 I. 5“28.4 fea caucus:VA ansmzm Em Exhibit DDocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 MINUTES Planning and Zoning Commission Meeting Tuesday, October 20, 2020 COMMISSIONERS PRESENT:Daryl Kinton Mike Freemire Michele Austin Kate Fuller Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT:Cate Townley Judy Browne STAFF PRESENT:John Voboril, Senior Planner Guy Norris, Traffic Engineer Konad Krori, Engineer IV Tim Hoos, Capitals Projects and Engineering Manager Wade Burkholder, Planning Manager Dan Poremba, Chief Redevelopment Officer Dugan Comer, Deputy City Assistant 1.Call to Order The virtual meeting was called to order by Chair Freemire at 7:00 pm. 2.Approval of Minutes Draft October 6, 2020 Mintues Moved by Member Diane Lipovsky Seconded by Member Kate Fuller MOTION TO APPROVE THE OCTOBER 6, 2020 MINUTES AS APPROVED. For Against Abstained Daryl Kinton x Mike Freemire x Michele Austin x Kate Fuller (Seconded By)x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By)x Exhibit EDocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 Planning and Zoning Commission October 20, 2020 Colin Haggerty x 7 0 1 Motion CARRIED. 3.Public Forum Kevin Fasing, 3649 South Grant Street, addressed the Commission regarding his application. 4.Case SUB2020-017 Vacation of Right of Way 3649 South Grant Street Staff: Wade Burkholder, Planning Manager Moved by Member Colin Haggerty Seconded by Member Michele Austin MOTION TO RECOMMEND CITY COUNCIL APPROVE CASE SUB2020-017 TO VACATE APPROXIMATELY 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY. For Against Abstained Daryl Kinton x Mike Freemire x Michele Austin (Seconded By)x Kate Fuller x Carl Adams x Noel Atkins x Diane Lipovsky x Colin Haggerty (Moved By)x 1 7 0 Motion DEFEATED. Commissioner's based their denial on the following: 1.Viable use of the property per the Unified Development Code remains without vacation of the right-of-way. 2.Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate multi-modal transportation improvements. DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8 Planning and Zoning Commission October 20, 2020 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. 5.CityCenter Redevelopment Staff: John Voboril, Senior Planner 6.Staff's Choice 7.Attorney's Choice 8.Commissioner's Choice 9.Adjourn The meeting adjourned at 9 p.m. Nancy Fenton, Staff Liaison Nancy G Fenton Digitally signed by Nancy G Fenton Date: 2020.11.09 17:40:06 -07'00' DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8