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Home My WebLink About1998 Ordinance No. 052·-· • • ORDINANCE N0 . .,2- SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 43 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AUTHORIZING THE VACATION OF AN EIGHT FOOT UTILITY EASEMENT ON THE SOUTH SIDE OF LOTS 1, 2 AND 3 BELLE ISLE GARDENS SUBDIVISION, 2ND FILING LOCATED AT THE SOUTHEAST CORNER OF WEST TUFTS A VENUE AND SOUTH WINDERMERE STREET. WHEREAS , the Colorado Department of Transportation needed portions of Lots 1,2 and 3 for the Navajo/Tufts/Windermere truck route as part of the South Santa Fe Drive improvement project; and WHEREAS , the acquisition of portions of these lots has reduced the total lot area by approximately 1/3; and WHEREAS, in addition, usable area is further reduced by sight distance restrictions imposed because of the street curvature and speed limit; and WHEREAS , these parcels are located in and I-1, Light Industrial District; and WHEREAS, to maximize the usable portion of the lots, the applicant requests that the eight foot (8 ') utility easement on the South side of the lots be vacated in order to enable construction to the lot line ; WHEREAS , the Englewood Planning and Zoning Commission reviewed the vacation of an eight foot (8 ') utility easement on the South side of Lots 1, 2 and 3 Belle Isle Gardens Subdivision, znct Filing located at the Southeast corner of West Tufts Avenue and South Windermere Street at their July 16 , 1998 meeting and recommended approval by the City Council ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Se ction 1. The "Vacation of an eight foot (8') Utility Easement on the South side of Lots 1, 2 and 3, Belle Isle Gardens Subdivision, znd Filing" Easement II is hereby approved by the Englewood City Council. Introduced , read in full, and passed on first reading on the 20th day of July, 1998 . -1 - Published as a Bill for an Ordinance on the 24th day of July, 1998. Read by title and passed on final reading on the 3rd day of August, 1998. Published by title as Ordinance No .-2-Series of 1998, on the 7th day of August, 1998. ~I.~ Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the a bove and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. Q-Series of 1998. -2- •• • • ,/ -~ . t No~H\ I I I I --· --·-· Lo ~,-T-;~---<,r 1 -"C,,?i _ -,-,-·-· ' -1 ----· -fil -I I . __ .,..---:-·-~...:.--···. • I i J.. _ __. .--. . . .. . . . 15 . ~-- _,-r.-• ·-: ~ -,_. .. . __ !. : ~ 0!2.lc'.i1Nl\L. I Pl2o r6rcfl'~ . L..lt--/ g . , #~( .53 . I I /,. r · J,,.,.../J-· I _,./' . // .· . t " // i /4:~-y/ /-~// 7 -~ITT ,. I ./ t· I ~ . I ,/' .. /,,/I _./ .· -, I I . ~-__ .. I v ... · I I I I v . i,~· :.· .... ··•· · . . t i::..µ "-T I •~ fie'\<. c.o•.. -----j : I . ,,.;, -<-? . _..,..~-~~·-'"""~ . fl . . K'y·· . .. ,~:.;:.. ~· / I r/' l !/ ~-! r . ··-I / ~ / ,, _,, .---:"'.":~--..., /' I . I -r-:--. I~ 0 • Ito" 1-i.( \IJ;; I P eopose:o oho::e r;:f;CE Bv11..,D1N9 ! f' I I I i L I I. Pl2oPoS;J) BOlt-l)Ll--lf::J ~~·-0· . l l I "' i.i. '11' ~ 19 '?4 s. ~-,-"14 ~ <.3 .. ab'!_~ sr. E I L6r \\ ~ 2-'fLc;'rRtt-S i / I g' UT!LIT'{ J('fASC:M~Nr / /I . I / / /·.· ·11 ~~- -~ 110'-o' 4.·•-QHA a . ·Jjjt.1 B . n:wc I! o· 'k4~'-: U63 :' , a1t -~~ ~ L. -1 •• • • > J • • • COUNCIL COMMUNICATION Date Agenda Item Subject Vacation of Utility Easement -Lots 1 -3 , Belle July 20, 1998 10 a iii Isle Garde ns , 2 nd Filing Initiated By Staff Source Neighborhood and Business Development Harold J . Stitt, Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prev ious Council Action on this property. RECOMMENDED ACTION That the eight foot utility easement on the south s ide of Lots 1, 2 , and 3, Belle Isle Gardens Subdivis ion , 2 nd Filing , be vacated. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Por tions of Lots 1, 2, and 3 were taken by the Colorado Department of Transportat ion for t he Navajo/Tufts/Windermere truck route as part of the South Santa Fe Drive improvement proj ect. The acquisition of portions of these lots has reduced the total lot area by approximately 1/3; in addition , usable area is further reduced by sight distance restric ti ons impo s ed because of t he street curvature and speed limit. To maxim ize the usable portion of the lots , the applicant requests that the eight foot ut ility easement on the south side of the lots be vacated , thus enabling construction to the lo t line. All City and public utilities have indicated no objection to the proposed vacation. FINANCIAL IMPACT There is no negative impact to the City if the vacation is approved. In fact , if new construction can be accomplished, it will increase property values and taxes remitted to the City from this site. LIST OF ATTACHMENTS Proposed Bill for Ordinance Staff Report To: Thru: From: Date: Subject: Planning and Zoning Commission Robert Simpson, Director of Neighborhood and Business Development Harold J. Stitt, Planning Community Coordinator June 16 , 1998 Easement Vacation Request Case # V AC 98-02 Vacation of Easement: Lots 1-3, Belle Isle Gardens Subdivision, 2"d Filing. APPLICANT: James L. Popish 6670 Crestbrook Dri ve Morrison , CO 80465 PROPERTY OWNER: Ed Collins Tufts Industrial LLC 8400 E Prentice Ave , #640 Englewood, CO 80111-2912 LOCATION OF PROPOSED VACATION: The easement proposed to be vacated is adjacent to the south property line of Lots 1,2 , and 3 , Belle Isle Gardens Subdivision, 2°d Filing . RECOMMENDATION: The Department of Neighborhood and Business Development recommends that the requested easement vacation be approved. BACKGROUND AND ANALYSIS : The subject property is located at the southeast comer of West Tufts Avenue and South Windermere Street. Portions of these lots were obtained by the Colorado Department of Transportation for the Navajo/Tufts/Windermere truck route , a part of the South Santa Fe Drive Improvement project. These acquisitions have reduced the total lot area of the three lots by approximatel y 1/3. Additionally , developable area is further reduced by sight distance restrictions imposed as a result of the degree of curvature of the street and the speed limit. In order to maximize the developable portion of the lot , the applicant is requesting the vacation of the utility easement along the south eight feet of the lots. All City and public utilities have indicated no objection to the proposed vacation. ZONE DISTRICT: I-1 , Light Industrial District RELATION TO COMPREHENSIVE PLAN: The 1979 Comprehensive Plan designates this area as an industrial area. l • • • i • • • Case #V AC 98-02 Easement Vacation PROCEDURE: page 2 The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation. DEPARTMENT AND AGENCY REVIEW: Public Works Department -Engineering Division -has no comment concerning the proposed easement vacation . Safety Services Department -Building and Safety Division -No comment. Utilities Department -The Utilities Department will not be affected by this request. Public Service Company -No objection. U .S . West Communications -Approves of the vacating of the 8 ' utility easement. TCI of Colorado -No objection . F:\DEP1\NBD\GROUP\BOARDS\PLANCOM M\ST AFF REPORTS 98 \ VAC-98 -02 .DOC Harold Stitt, AICP Planning Community Coordinator City of Englewood 3400 South Elati St. Englewood, CO 80110-2659 James L . Popi sh, Genl. Cont. 6670 Crestbrook Drive Morrison, CO 80465 Apr i 1 7, 19 9 8 RE: Property at S.E. corner of Tufts Ave. & Windermere St. Lots 1,2,3 -Belle Isle Gardens -Second Filing Englewood, CO -Arapahoe County Dear Harold, As you know, I am a General Contractor, licensed in Englewood, and I am working with Ed Collins, a partner in Tufts Industrial, LLC, to construct a small building on the above-mentioned site. The property is vacant land, zoned I 1 Light Industrial. Colorado D.O.T. has just completed reconstructing the intersecion at W. Tufts and S. Windermere. According to Lad Vestry of the Englewood Traffic Engineering Dept., the site is subject to 30 mph sightline setback requirements. Thus, the area in the setback cannot be used for building or parking. ~ • Working with Mr. Vostry, we have come up with a conceptual plan • that has acceptable ingress and egress. However, in order to have adequate parking access, I have proposed contructing the building to the south and east property lines. At present Lots 1,2,3 have an utility access easement on the south 8'. I have contacted Mr. Paul Kellogg (571-7518) of Public Service Co., Mr. Dan Haley (707-7543) of U.S.West, Mr. Scott Adams (630-5605) of T.C.I . of CO., and Mr. John Bock of Englewood Utilities. No one has any current or future need for this access, and all approve the request for vacating (see enclosed letters). Therefore, I am requesting that the City of Englewood vacate the utility easement on the above described site and as noted on the enclosed site plan. If additional information or clarification is needed, pl ease cal 1 me any time: 6 9 7-10 7 2. Thank you for your rompt attenti C rdialli:J (f~~6 ' / • .ll • • • PUBLIC SERVICE COMPANY OF COLORADO- .A NEW CEN TUIY lNltCl f S COMPA N Y March 20 , 1998 James L. Popish 6670 Crestbrook Drive Morrison , CO 80465-2232 RE : Proposed development at 1530-1540 W . Tufts Ave. Dear Mr. Popish: S i t in g and Land Rights 550 1 5th Street, Suite 700 Den v er , Co lorado 80202 -4256 Telep h one 303.571.7799 Facsimile 303 .571 .7877 After reviewing your proposal to redev elop the above referenced site , we have no objection to the City of Englewood 's v acation of the utility easement over the south eight (8) feet of Lots 1-3 , Block 1, Bell Is le Gardens Second Filing , as dedicated by the plat recorded May 13 , 1952 at Reception number 4 7 5064 in the Arapahoe County public record. We do not require further reservati on of easement over the abo v e described premises , provided you bear the ex pense of any remo v al or relocation of any Public Service Company of Colorado (PS Co) owne d facilities that interfere with the proposed development. In addition , PSCo would require that the property owner grant a suitable easement at no cost to the Company on it s standard form , for any new and relocated fac ilities resulting from this project where appropriate, in the Company's sole judgment. Feel free to submit this letter to the C ity of Eng lew ood , as evidence. of our concurrence with your proposal. An additional c o py of this letter is provided for that purpose. Please contact me at (303 ) 571-7518 if you have an y quest ions . tJl~\ Land Rights Agent TO: JAMES L. POPISH FROM: SCOTT P. ADAMS SUBJECT: E.-\SEME :\i T VAC A TE DATE: MARCH JC, 1998 ----------- Dear Mr. P o pi sh , We're talcing television into tomorrow. P lease let this letter bring you up to date on y o ur request for a Easement Vacation b y TCI at the lo cati o n o f T uffs & Windermere St. Lots 1,2,3 Bell Isle Gardens. As of Marc h J , 19 98 I hav e lo o ked at yo ur request and have found n o o bjectio ns wi t h it. I have fo r w Jrd it o n to the legal dep a rtment o f TCI to have p ro ces sed. Y o u should r ece ive a L eg~1l co n fo rmati o n w ithin 2 to J we ek s . P lease feel fr ee to call me if I can be an y more assistance, 603 -5 605. C o n stru cti o n Superviso r 1617 South Acoma Street Denver. CO 80223 P.O . Box 99500 Denver. CO 80209·9500 (303 ) 778-2978 An eq ual opportuni ty employer • • • • • • U.S. West Attn: Dan Haley 700 West Mineral -Room 1AC92 Littleton, CO 80120 James L. Popish, Genl.Cont. 6670 Crestbrook Drive Morrison, CO 80465 March 19, 1998 RE: Property at southeast corner of Tufts Ave . & Windermere St. Lots 1,2,3 Belle Isle Gardens -Second Filing Englewood, CO 80110 -Arapahoe County Dear Mr. Haley, The abo v e mentioned property is vacant land and is zoned Il Light Industrial. Colorado D.O.T. and Englewood have just completed reconstructing the intersection at W. Tufts and S. Windermere. According to the City of Englewood Traffic Engineer i ng Dept., the area shaded yellow on the enclosed drawing is a required 30 mph sightline setback. The area from the setback line to the street cannot be used for building or parki n g. As you can see on the drawing we do not have enough area to access for parking. We have proposed moving the building to the back property line, which is allowable under Il zoning if all building codes are observed. However, our first step is to have the 8 ' utility easement on the south side of Lots 1,2,3 vacated. This building will be the last structure built on this corner . I have contacted Mr. Paul Kellogg with Public Service Right of Way Dept. and John Bock with Englewood Utilities. Both parties have said they have no equipment or lines in the 8' easement and have approved vacating it. If U.S. West has no current or future need for this utility easement, I -respectfully request permission to have this 8 1 utility access easement vacated by the City of Englewood and Arapahoe County. If this meets with your approval, please sign and date b ow, keep a o for your files and return ori9inal in the losed envelo Thank ou for your prompt attention. o diallyO p.!'O ~' , Dan Haley of .S. West, approve the vacating of the 8' utility asement on the southside of Lots 1,2,3 Bell Isle Gardens -Second Filing, Englew d, CO 80110 -Arapahoe County. Date ------------------- Daniel P. Haley Regio nal R/W Manager Right of Way Department Col orado I Wyoming LIJ..~EST U S WES T Communications 700 W . Mineral Av e . Room IA C9 .22 Littleto n . CO 8012 0 Phone 303 707-7543 Pager 303 821 -6758 FAX 303 707-9426 I N a> 0 ,... w. :-~a-- ' I .,., I I I I I I • _______ ......, ~ I I I _________ J oe - .... Cl) Cl ""' IC "' 0 z i en IO l _ - ..). ... ~ .... - •• a. .. , ... 001 --@ OH . . ! 001 -.. 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