HomeMy WebLinkAbout2006 Ordinance No. 035•
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ORDINANCE NO. !J~
SERIES OF 2006
CONTRACT NO, ~'7-~~
BY AUTHORITY
COUNCll. BILL NO . 37
INTRODUCED BY COUNCll.
MEMBER WOODWARD
AN ORDINANCE VACATING THE ALLEY RJGHT-OF-W A Y LOCATED IN THE 1800 TO
1900 BLOCK , BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY
OF ENGLEWOOD, COLORADO .
WHEREAS, the propeny owner.. abutting the alley lo::ated in the 1800 to 1900 block between
South Raritan and South Tejon Streets in the City of Englewood, Colorado , have submined a letter
of justification for the request along with a petition signed by l00% of the abuning propeny owner..
for vacation of that ponion of the alley; and
WHEREAS . a public right-of-way may be vacated when it is no longer needed to provide access
or services to abutting properties and when l00% of abutting property owner.. favor the vacation ;
and
WHEREAS , I 00% of adjoining propeny owners favor the vacation. the request was referred to
City depanments, that currently have no utilities located within the alley, and outside agencies that
have service in or use of the right-of-way. which agencies are Comcast, Excel Energy and Qwest;
and
WHEREAS. the City and other utilities request a sixteen-foot utility easement be retaineu; and
WHEREAS . the matter is then referred to the Planning and Zoning Commission to review and
determine whether or not there is funher public purpose for retaining the right-of-way ; and
WHEREAS , the Planning and Zoning Commission recommends to City Council that it approve
the said right-of-way vacation; and
WHEREAS . the surrounding propeny is zoned 1-1 Light Industrial Di strict and the said alley
has not been used as an alley by the public for many years ; and
WHEREAS , the vacated alley will reven 10 the abutting propeny owners and will be fenced
into the abutting propenies ; and
WHEREAS , the City will reserve a sixteen-foot (16 ') utility easement over this right-of-way
area .
NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~. The City Council of the City of Englewood, Colorado, hereby authorizes vacation of •
the alley right-<if-way between 1800 and 1900 blocks bct w I South Raritan and South Tejon
Streets , in the City of Englewood. while expressly reserving to the City a sixteen-foot (16 ') wide
utility casement over the entire alley area as legally described and shown on attached Exhibit 1.
Introduced. read in full . and passed on first reading on the 18th day of September, 2006.
Published as a Bill for an Ordinance on tho 22"" day of September, 2006.
Read by title and passed on final reading on the 2"" day of October, 2006 .
···P~blishcd by title as Ordinance No .~. Series of 2006. on the 6~ day of October, 2006 ..
1, Loucri,hia A. Ellis, City Clerk of the Ci ty of Englewood, Co lorado, hereby certify that
the above and foregoinr,iY' true copy of the Ordinance passed on I reading and published by
title as Ordinance No . .22, Series of 2006 .
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LEGAL DESCRIPTION
ALLEY RJGHT-OF-W A Y VACATION WITH EXPRESSLY RESERVED
UTILITY EASEMENT
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 28 ,
TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., ENGLEWOOD, CO .,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THE 16 FOOT WIDE ALLEY LOCATED IN BLOCK 77 , SHERIDAN
HEIGHTS SUBDIVSION , COUNTY OF ARAPAHOE , STATE or COLORADO,
CONTAINING 9,6 00 SQUARE.FEET. MORE OF LESS . RETAINING A lJTT LITY
EASEMENT
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WILIFFAVE
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(16 ft . width): Block 77, Sheridan Heights Subdivision
Englewood, Colorado
• COUNCIL COMMUNICATION
Date: I Agenda Item: I SubJect:
September 18, 2006 11 al Right-of-Way (Alley) Vacation Request
Initiated By: Staff Source:
Rodney Jesse Harold Stitt, Community Development Manager
1930 West Baltic Place
Englewood, Colorado 80110
PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning this matter.
PREVIOUS PLANNING COMMISSION ACTION
The Planning Commission held a Public Hearing on the proposed right-of-way vacation (closure) on
August 22, 2006 . The Commission voted 8 to O to recommend approval of the proposed right-of•
way vacation provided a 16 foot utility easement is retained .
• REQUEST
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Staff requests Council support of a Bill for an Ordinance approving the vacation of an alley in the
18()().1900 blocks between South Raritan and South Tejon Streets .
BACKGROUND
A public right-of-way may be vacated when it is no longer needed to provide access or serv ices to
abutting properties and when one hundred percent ( 100%) of abutting property owners favor the
vacation . Following review by City departments and outside agencies, the matter is then referred to
the Planning and Zoning Commission . If the Commission determines there is no further public
purpose for retaining the right-of-way, a recommendation to vacate is forwarded to City Council. A
Public Hearing on the matter is not requ ired . If Council approves the vacation, the alley is vacated
by Ordinance and one-half of the recorded right-of-way width reverts to abutting properties .
The subject right-of-way of this vacation request Is a 16 foot wide alley that was platted in 1888 as
part of Block 77, Sheridan Heights Subdivision and annexed into the City of Englewood in 1957.
The alley Is located between South Raritan and South Te)on Streets and abuts properties addressed
in the 1800 and 1900 blocks of West Baltic Place and West Iliff Avenue (see map In attached Staff
Report). The surrounding property Is zoned 1-1 , Light Industrial District All abutting property
owners support closing the alley. No City utilities are located within the alley. Corneas~ Excel
Energy and Qwest have services within the alley and have provided written support for the alley
vacation provided a 16 foot utility easement is retained .
• C T y 0 F '' ENGLEWOOD
COMMUNITY DEVELOPMENT
TO : Planning and Zoning Commission
THRU: Robert Simpson, Director, Community Development
----------FRaM:---l',i€i&ta11geH;-SeAief..l2l~1~e~---------
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DA TE : August 22, 2006
SUBJECT: Case No. SUB2006-0000S Right-of-Way Va cation
APPLICANT:
Rodney Jesse
1930 West Balti c Place
Englewood, Colorado 80 110
LOCATION OF PROPOSED VACATION:
The right-of-way proposed to be vacated is the alley between South Raritan and
South Tejon Streets which abuts prop erties addressed in th e 1800 and 1900 blocks
of West Baltic Pl ace and West Iliff Avenue (See atta ched map).
ZONE DISTRICT:
1-1 Light Industrial District.
RECOMMENDATION :
The Community Development Department reco mmends that Planning and Zoning
Commission forward the right-of-way va ca tion request to City Council with a
recommendation to approve the closure of the alley provided a sixteen feet wide
utility easement is retained .
PROCEDURE :
A property owner or owners may submit an app lic at ion requesti r g that a right-o f-
way be vacated when th ey believe th e right-of-way is no longer necessary to :Jroviue
access or services to abutting properties. The applicant must submit a letter of
justification for the request and a petition signed by owners of the abutting
properties. If one hundred percent ( 100%) of adjoining property owners favor the
vacation, the request is referred to City departm ents and outside agencies that have
service in or use of the ri ght-of-way . The matter is then referred to the Planning and
Zoning Commission and if it is determin ed that there is no further public purpose for
retaining the right-of-way, the Commission recommends to City Council that the
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762 -2342 FAX 303 ,783-689 5
www .enalewoodaov.org
• COUNCIL COMMUNICATION
Date: I Agenda Item:
September 18, 2006 11 a I
I SubJect:
Right-of-Way (Alley) Vacation Request
Initiated By: Staff Source:
Rodney Jesse Harold Stitt, Community Development Manager
1930 West Baltic Plice
Englewood, Colorado 80110
PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning this matter.
PREVIOUS PLANNING COMMISSION ACTION
The Planning Commission held a Public Hearing on the proposed right-of-way vacation (closure) on
August 22, 2006. The Commission voted 8 to O to recommend approval of the proposed right-of-
way vacation provided a 16 foot utility easement Is retained .
• REQUEST
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Staff requests Council support of a Bill for an Ordinance apµroving the vacation of an alley In the
180().1900 blocks between South Raritan and South Tejon Streets .
BACKGROUND
A public right-of-way may be vacated when It is no longer needed to provid e a, ess or services to
abutting properties and when one hundred percent (100%) of abutting prope ,ty owners favor the
vacation . Following review by City departments and outside agencies, the matter Is then referred to
the Planning and Zoning Commission . If the Commission detennines there Is no further public
purpose for retaining the right-of-way, a recommendation to vacate is forwarded to City Council . A
Public Huring on the matter is not required . If Council approves the vacation, the alley Is vacated
by Ordinar,ce and on!>half of the recorded right-of-way width reverts to abutting properties.
The subject right-of-way of this vacation request Is a 16 foot wide alley that was platted In 1888 as
part of Block 77, Sheridan Heights Subdivision and annexed Into the City of Englewood In 1957.
The alley is located between South Raritan and South Tejon Streets and abuts properties addressed
in the 1800 and 1900 blocks of West Baltic Place and West Iliff Avenue (see map In attached Staff
Report). The surrounding property Is zoned 1-1, Ught Industrial District. All abuttins property
owners support closing the alley. No City utilities are located within the alley. Comcas~ Excel
Energy and Qwest have services within the alley and have provided written support for the alley
vacation provided a 16 foot utility easement Is retained .
FINANOAL IMPACT
The vacadon will eliminate yearly grading maintenance costs .
UST Of ATTACHMENTS
Stiff Report
Planning and Zoning Commission Findings of Fact
Bill for an Ordinance
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• C T y 0 F '' ENGLEWOOD
COMMUNITY DEVELOPMENT
TO: Planning and Zor,111g Commission
THRU : Robert Simpson, Director, Community Development
-----------fRO~---· T rieia-Langen,Ser,io r-Planner-?(l,-
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DA TE : August 22, 2006
SUBJECT: Case No. SUB2006-00005 Right-of-Way Vacation
APPLICANT:
Rodney Jesse
1930 West Baltic Place
Englewood, Colorado 8011 0
LOCATION OF PROPOSED VACATION:
Th e right-of-way proposed to be vacated is the alley between South Raritan and
South Tejon Streets which abuts properties addressed in the 1800 and 1900 blocks
of West Baltic Place and West Iliff Avenue (See attached map).
ZONE DISTRICT:
1-1 Light Industrial District.
RECOMMENDATION:
Th e Community Development Department recommends that Planning and Zoning
Commission forward the right-of-way vacation request to City Council with a
recommendation to approve the closure of the alley provided a sixteen feet wide
utility easement is retained.
PROCEDURE:
A property owner or owners may submit an applicati on requesting that a right -of-
way be vacated when they believe the right-of-way is no longer necessary to provide
access o r servic es to ab utting properties. Th~ applicant must submit a letter of
justification for th request and a petition signed by owners of the ab utting
properties . If one hundred percent ( 100%) of adjoining property owners favor the
vacation, the reques t is referred to City departments and outside age ncies that have
service in or use of the right-of-way. The matter is then referred to the Planning and
Zoning Commission and if it is determined that the•e is no further public purpose for
retaining th e right-of-way, the Commission recommends to City Council that th e
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 -7 83-6895
www.enale woodgov.ora
right-of-way be vacated. If City Council concurs after having reviewed the request,
an ordinance is prepared, passed and recorded vacating the right-of-way .
BACKGROUND:
The subject right-of-way is a sixteen (16) feet wide alley that was platted in 1888 as
part of Block 77, Sheridan Heights Subdivision and annexed into the City oi
Englewood in 1957 . According to the applicant, Rodney Jesse, the alley was used
up until the late 1970's or earlyl 980 's when a nelgl .oor constructed a fence near
the east end of the alley which virtually closed otf ihe alley to through traffic . For
more than a decade the alley was a garden area r,,l anted, mowed, and cared for by
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adjoining property owners. The alley wa s "reopP~ed" in the mid 1990's wh ~~ _____ _
previous property owner app 1e to u1 a gar a1 ,· v;ith access from the alley . Since
the alley was not officially closed, the pe rm,t w; .. ~ranted and the alle y was again
open to public traffic .
Though the surrounding properties are zoned 1-1 Light Industrial District they contain
a mix of residential, commercial and industri al uses . Alley access to the garage that
prompted the "reopening" of the alley has been closed and is now fr om wiihin the
property. At this time Mr. Jesse states that no property owners 11. e :: . , alley for
access. Mr. Jesse further states that vandalism, vagrancy and the f l;a ,:, cc..1tributed
to the current neglected condition of the alley (See attached ph ot•·):,rc ph ;).
Owners of all the adjoining properties signed in favor of the vacation request. •
Notification of the request to vacate the subject alley was mailed to adjoining
property owners informing them of this meeting . Notification was also sent to
utility providers and City licensed trash haulers .
DEPARTMENT AND AGENCY REVIEW:
The application to va cate the subject alley was reviewed by thr, City 's De ve lopment
Review Team . No City utilities are located within the subject alley. ls•~es identified
by the team included closure of the Tejon curb-c ut and utilities services provided by
outside agencies . Through an agreement with the Public Works Department the
curb-cut at the South Tejon Street entrance will be closed and replaced with vertical
curb and gutter preventing vehicle access. A reque st for comments was sent to the
eleven City-licensed trash haulers and to Xcel Energy, Comcast (cable), and Qwest.
Only on e trash hauler responded; th e re spons e supported the application . The
three utility companies did not object to the application provided the sixteen feet
( 16 ') utility easement was retained .
ANALYSIS:
In consid ering a vacation request, the primary criterion is wheth er the existing public
right-of-way provides a public purpose. The Commission must determine :
1. The right-of-way is no longer needed to provide access to one or more of the
adjoining properties, •
• The app/1 ant has submitted a peti tion signed by adjoining property owners
supporting the request Access is available to all properties from the street-side
of the property and alley access Is no longer needed.
2. The right-of-way is no longer needed to provide services to one or more of
the adjoining properties .
City supplied water and sewer Is provided to • ~ch property from the street and
no City services are located within the alley . Trash collection is also provided
from the street Though the subject alley is 1 •c.ede d for non-City utility access, it
is possible to vacate a public right-of-way ,v/1//e ret;;,i ~ing an easement across ~II
_______ ,,,,_,.....,,.rtiort-of-it;-tlm-is-done-!Hhe-right-ef.way-45-ne-/enge,---F>eEe5wy--(eF-!Jle.--
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passage of persons, equipmen~ or vehicle s, but an easement for utility service
is still necessary within that area .
ATTACHMENTS:
Vicinity map
Photos
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CITY or &NOLrNOOD
COMMUNITY DEVELOPMENT DEPARTMENT
1 noo Enalrwood Parkway
En1lewood, CO 811110
762 ·2l4'l/FAX 7flJ•611 95
www.cl.en1l1wood,cn.u 1
LAND DEVELOPMENT APPLICATION FORM
Bow VACA"'"'oN
Properly Add ,eu:
Presenl Zoning : _
legal Oemiption :
(allach 1e1J111ate sheet if neceu.uy)
Applic 1111on Type: Rezoning : from _______ ,l o _______ _
·---·--MD1flltc.ttlon of-Ptan ned Uni! Devel0j,•ttent:l.::IAdn1i11\11ral+\l&-L.:,\ FomW... •
Dht1k1 PlanN11nie :,_~--,----,-~--------
Sub cllvlsion :I_/ P,elimhuuy Mnp 1-1 flnat Mill
Vac.ulon o(:ILI EAsemenl L~I Right-of-way
Conditional Use Permi t for ____________ _
0 1her _________________ _
APPLICANT INFORMATION
N1me: "B,~b t-l t'·'T '4§:\'!:C.
Firm :
Acklren : I ::i i:. O 1..-)
Phone/hx/E•Mall : ___ ~~=~=~~-----------
Archltect / Pl1nning Co nsult ant lnformalinn
Con 111c1 Peu'lnName: ___________________ _
Firm : ________________________ _
Atldr en:---:-:-,-,,:---,----------------------Phone/fu Nurnber/E➔nail __________________ _
fnginu:ri n1 Comultanl lnfom111ion
C0ll lclC I Penon Name:--------------------Firm : ________________________ _
Addren:~-----------------------Phone/fa x/E •mall : ____________________ _
PROPERTY OWNER INFORMATION : lb1 Le1;1I n~mt n11rl 111.ltlren ol aU 1irrw111 111111 com r1111 lr1 who hold
an lnle1eH In the herein lleKribed 1uoper1y, whelher ;u owner, mo,1111101. leuee, opUon tt, holl.1111 ol dttdhl
ol 1,u,1, elc. fo1 cC'1po ral e owntn or pa1 1ne11.l1~u. 111.achetl H1 ia1a le .!1 rrl II necen;ary,
In dividual(,)
No'lme : ----~~:,C~·-~<:'-'-'-'"-~_,:__,-_c_. 1>__ Phone : ________ _
Fltrn : ________________________ _
Addrcn: _______________________ _
Corporatlon/Partnenhlp ~~~;:1~~il~:}~:~~,;~:~r l11 e,,l1 ~,, ____ _
S1;ueol Reglstral ion : ____________________ _
Nilmesof Olncen/Pilrlners, _________ _
(Ple111e lndlca le who TIiie TIiie
wlll be slgnin, any :igree rne111~ II necessary)
CERTIFICA.TION 1 I henby ce11lly that. to lh1 b111 ol my kncwled1 e am l btUel, al ~n lormaUon 1uppllftl wUh ihls
•~>kallon II true and ACCUllllt an1 I lh,11 content of lho.e jleUOlll h ied nhove, wtllK.!UI wl1n11 C01111UI lhe
1eque,1ed action cannol lilwful., lJt IICCOf11$Jlilhecl, hil l lJtt:tl ,,.-nlttl. AdtllLlomil f}tf U!lnloo 11 hertb., 11111111d 10
lh• Clly of fnalewooct •t•lf 10 ph.,Ntllly ln11lKI lhe aul,jec:1 p1ope1ty •nd '-ke 1Jlio1c>11-.J111 H necu_,. lor
J)f~r•llon ol lh, <a••· .-,
SIGN~TURE OF APPLICANT'-1.f,• i!' ~'!/4~,-¥~,£JJ:.:....,_ __ om tJ -JO-/)r712'i
Su~ ;\.C)O'--ooao i..
,01 Oft!CI UH ONlY CIM Number __ l"rc+KI Mll\,lltl:_1.I,,,_ P'1ojfc1 tnain-·--D111
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II.\CllOUl'ICll11QI F\.nwlnr,R)R._IS\LIIMI 0:.l'C....,_.., Afltlll..'l1Nlfl,W:
•• ..,,1,11197
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A PETITION
• TO CLOIIENACATE T HE ALL EY IN THE AREA BOUNOEll BY BAL TIC PLACE TO THE NORTH ,
RARITAN STREET TO THE EAST, ILIFF AVENUE TO TIIE SOUTH, AND TEJON STREET TO
• WEST IN THE CITY OF ENGLEWOOD, COLORADO.
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l,'l_ -I 0 /f07 -0", ,c.1 :1L ,<"l'. W 1ll 1n m,J Fcc:L! ~J,lt-..J'~ o, c,/
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TO CLOSENACATE TIIE ALLEY IN THI! AREA BOUNOEll BY BAL TIC PLACE TO THE NORTH,
RARITAN STREET TO THE l!AST, ILIFF AVENU!;:;TO TIii! SOUTH, ANO TEJON 51 REET TO
TH& WiST IN THE CITY OF ENGLl!WOOD, CULO!IAOO.
a,,, provld• lh• requnl ■d ln(urmellon below end l11dlc■f• wilt! • check ~terlt wheUJer you Wh (YH) or d/1111,.• (No} w/111 lhe lnronl of 1h11 pellllon.
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(, ... 4~~~~~;~7:iis✓YFI
• CITY OF ENGLEWOOD Pl.ANNING AND ZONING COMMISSION
IN THE MATTER O,f CASE #SUB2:006-00005
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS "10 VACAtE
THE RIGHT-OF-WAY IN THE ALLEY
LOCATED IN BLOCK 77, SHERIDAN
HEIGHTS SUBDIVISION BETWEEN SOUTH
RARITAN AND SOUTH TEJON STREETS
INITIATED BY:
Rodney Jesse
1930 West Baltic Place
t1.glewood, Colorado 80110
)
)
) FINDINGS OF FACT AND
) CONCLUSIONS OF THE
) CITY PLANNING AND
) ZONING COMMISSION
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Commission Members Present: Brick, Bleile, Mosteller, Diekmeier, Knoth, Krieger, Roth ,
Welker
Commission Members Absent: Hunt
• This matter was heard before the City Planning and Zoning Commission on August 22,
2006, in the City Council Chambers of the Englewood Civic Center.
•
Testimony was received from Staff, from the app licant and from area reside nts . The
Comm is sion received notice of Public Hea ring, Staff Report and supplemental information
from Staff, which were incorporated into and made a part of the record of the Public
Hearing.
After considering statements of the witnesses, and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions .
FINDINGS OF FACT
1. THAT the request to vacate the right-of-way in the alley between South Raritan and
South Tejon Streets was filed by Rodney Jesse on December 20, 2005 .
2. THAT Public Notice of the Public Hearing was given by publication in the
Englewood Herald on Augustl 1, 2006 .
3.
4.
5.
6.
7.
2.
THAT Senior Planner Langon testified the request is for the right-of-way to be
vacated in the alley within Block 77, Sheridan Heights Subdivision between South
Raritan and South Tejon Streets . Ms . Langon testified to the criteria the Commission
must consider when reviewing a vacation application. Ms. Langon further testified
that Staff recommends approval of the right-of-way vacation .
THAT testimony was received from the applicant, Mr. Rodney Jesse .
THAT testimony, all supportive, was recei ved from :
a. Chris Gibbon s
b. Tito Garcia
c. Derel,Shanrron ----------·---------·---
THAT Xcel Energy, Comcast and Qwest support the vacation of the alley provided a
16 foot utility easement is retained .
THAT th e trash haulers do not us e th e alley .
CONCLUSIONS
THAT the application was filed by Rod ney Jesse seeking approval to vacate th e
right-of-way in the alley between South Raritan an d South Tejon Street.
THAT proper notificati on of th e dJ te, lim e, an d pla ce of th e Public Hearing was
given by publication in the official City newspape r.
3. THAT all tes tim ony received from staff memb ers, applicant, an d th e gene ral publi c
ha s been made part of the re cord of th e Public Hearing .
4. THAT tes timony, all supportive, was received from resid en ts regarding the proposed
all ey vaca tion .
5. THAT the subject alley serves no public purpose provided th at a 16 foot utility
easement is retain ed.
DECISION
THEREFORE, it is the decision of the City Plannin g and Zoning Commission that the
appli ca tion filed by Mr . Rodney lesse to vacate th e right -of-way in the alley wi thin Block 77,
~heridan Height Subdivision between South Raritan and South Tejon Streets be
recommended to City Council for approval.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on August 22, 2006, by Mr . Bliele, seconded by Mr .
Knoth, which motion states :
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AYES :
NAYS :
ABSTAIN :
ABSENT :
THE PLANNING COMMISSION FORWARD TO CITY
COUNCIL WITH A RECOMMENDATION TO VACATE SAID
ALLEY PROVIDED THAT THE 16 FOOT PUBLIC UTILITY
EASEMENT BE RETAINED
Brick, Bleile, Diekmeler, Knoth, Krieger, Mosteller, Roth, Welker
None
None
Hunt
The motion carried .
These Findings and Conclusions are effective as of the meeting "«:in Augus t22, 2006 .
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Don Roth, Cha~ --