HomeMy WebLinkAbout1999 Ordinance No. 021•
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ORDINANCE NO . J./
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 26
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN EMERGENCY ORDINANCE AUTHORIZING THE VACATION OF RIGHT-OF-
WAY ALONG THE 500-800 BLOCKS OF WEST FLOYD AVENUE BY THE CITY OF
ENGLEWOOD , COLORADO.
WHEREAS, the City of Englewood received a request for vacation of the South 66
feet of the 500-800 blocks of West Floyd Avenue Right-Of-Way from the Englewood
Environmental Foundation; and
WHEREAS , this vacation request involves the south 66 feet of the West Floyd
Avenue Right-Of-Way between the South Elati Street and South Huron Street; and;
and
WHEREAS , this section of West Floyd Avenue has a total Right-Of-Way width of
96 fe e t ; and
WHEREAS, the request will place this portion of the vacated Right-Of-Way under
the control of the Englewood Environmental Foundation; and
WHEREAS, the vacation is necessary for the implementation of the Englewood
Town Center Planned Unit Development; and
WHEREAS a portion of the vacated Right-Of-Way will be developed as part of the
roadway system and will be under the maintenance control of the EEF ; and
WHEREAS , the roadway will still be known as West Floyd Avenue ; and
WHEREAS , the PUD Design Standards and Guidelines specify a Type 5 road for
this section of West Floyd Avenue ; and
WHEREAS , the remaining northern portion of the Right-Of-Way will be rebuilt as
the access street for the residential neighborhood to the north; and
WHEREAS, the vacation of this portion of West Floyd Avenue will not impact the
transportation grid of Englewood; and
WHEREAS , the 1979 Comprehensive Plan designates this area as a commercial
area; and
WHEREAS , the Master Street Plan indicates that West Floyd Avenue is a minor
collector street; and
WHEREAS, the Englewood Public Works Department has reviewed the requested
Right-Of-Way vacation and recommends that an easement over the vacated portion of
Right-Of-Way must be retained for any existing and future utilities ; and
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WHEREAS, the Englewood Utilities Department, has reviewed the requested
Right-Of-Way vacation and recommends a general utility easement shall be retained
which covers the vacated portion of Right-Of-Way; and
WHEREAS, the City of Englewood's Neighborhood and Business Development has
reviewed the requested Right-Of-Way vacation and recommends it be approved with
the following condition:
1. A general utility easement shall be retained for the entire vacated portion of
Right-Of-Way.
WHEREAS , the Englewood Planning and Zoning Commission reviewed the vacation
of Right-Of-Way along the 500-800 blocks of West Floyd Avenue at their April 6, 1999
meeting and recommended approval by the City Council with the conditions listed
above;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. The Vacation of Right-Of-Way along the 500-800 blocks of West Floyd
Avenue is hereby approved by the Englewood City Council with the following condition:
1. A general utility easement shall be retained for the entire vacated portion of
Right-Of-Way.
Section 2. Should the vacation of the Right-Of-Way not be ratified and approved as
an emergency the City of Englewood would be penalized as a result of loss of sales tax
revenues accruing to it. Accordingly, the City Council finds and determines that an
emergency exists and that passage of this Bill for Ordinance is necessary for the
immediate preservation of public property, health, peace and safety, and said Bill for
Ordinance shall be effective immediately upon final passage.
Introduced, rea d in full , and passed on first reading as an emergency ordinance on
the 12th day of April, 1999.
Published as a Emergency Bill for an Ordinance on the 16th day of April, 1999.
Read by title and passed on final reading as an Emergency Ordinance on the
19th day of April, 1999.
The above and foregoing is a true copy of the Emergency Ordinance passed on
final reading and
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Published in full as Emergency Ordinance No. J /, Series of 1999, on the 23rd
day of April, 1999 .
I, Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Emergency Ordina e passed on
final reading and published in full as Emergency Ordinance No. eries of 1999 .
I Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject Vacation of Right-of-
Way in the 500-800 blocks of
April 12 , 1999 6 a i West Floyd Avenue
Initiated By Staff Source
Englewood Environmental Foundation Harold J. Stitt, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action.
PREVIOUS PLANNING COMMISSION ACTION
The Planning Commission considered the proposed West Floyd Avenue vacation on April 6, 1999 with
a recommendation for Council approval.
RECOMMENDED ACTION
That a portion of West Floyd Avenue between South Elati Street and South Huron Street be vacated,
provided that a general utility easement shall be retained which reflects the original right-of-way .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This vacation request involves the south 66 feet of the West Floyd Avenue right-of-way between South
Elati Street and South Huron Street. This section of West Floyd Avenue has a total right-of-way width
of 96 feet. The request will place this portion of the vacated right-of-way under the control of the
Englewood Environmental Foundation. The vacation is necessary for the implementation of the
Englewood Town Center Planned Unit Development (now known as CityCenter Englewood.)
A portion of the vacated right-of-way will be developed as the CityCenter roadway system and will be
under the maintenance control of the Foundation. The roadway will still be known as West Floyd
Avenue.
The remaining northern portion of the right-of-way will be rebuilt as the access street for the residential
neighborhood to the north. Vacation of this portion of West Floyd Avenue will not impact the
transportation grid of Englewood.
FINANCIAL IMPACT
There is no direct cost associated with the vacation of this right-of-way . The right-of-way is necessary
to implement the Englewood Town Center (CityCenter) Planned Unit Development.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Staff Report for Case #VAC-99-01
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To: Planning and Zoning Commission
Thru: Robert Simpson, Director of Neighborhood and Business Development
From: Harold J. Stitt, Planning Community Coordinator
Date: March 30, l 999
Subject: Right-of-Way Vacation Request Case# VAC 99-01
Vacation of Right-of-Way along the 500-800 blocks of West Floyd Avenue
APPLICAI'-rT:
Englewood Environmental Foundation
3400 South Elati Street
Englewood, CO 80110
LOCATION OF PROPOSED VACATION:
The south 66 feet of the 500-800 blocks of West Floyd Avenue right-of-way.
RECOMMENDATION:
The Department of Neighborhood and Business Development recommends that the
requested right-of-way vacation be approved with the following conditions:
1. A general utility easement shall be retained for the entire vacated portion of
right-of-way.
BACKGROUND AND ANALYSIS :
This vacation request involves the south 66 feet of the West Floyd A venue right-of-way between
South Elati Street and South Huron Street. This section of West Floyd Avenue has a total right-
of-way width of 96 feet. The request will place this portion of the vacated right-of-way under the
control of the Englewood Environmental Foundation. The vacation is necessary for the
implementation of the Englewood Town Center Planned Unit Development (now known as
CityCenter Englewood.)
A portion of the vacated right-of-way will be developed as the CityCenter roadway system and
will be under the maintenance control of the Foundation. The roadway will still be known as
West Floyd Avenue. The PUD Design Standards and Guidelines specify a Type 5 road for this
section of West Floyd Avenue (see attached PUD Roadway Type Plan and Roadway Type 5
Detail Sheet.)
The remaining northern portion of the right-of-way will be rebuild as the access street for the
residential neighborhood to the north. Vacation of this portion of West Floyd A venue will not
impact the transportation grid of Englewood.
ZONE DISTRICT:
Englewood Town Center Planned Unit Development.
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Case #V AC 99-01
Rioht-of-Wav Vacation
RELATION TO COMPREHENSIVE PLAN:
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The 1979 Comprehensive Plan designates this area as a commercial area. The Master Street Plan
indicates that West Floyd A venue is a minor collector street.
PROCEDURE:
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 -An easement over the vacated portion of
ROW must be retained for any existing and future utilities.
Utilities Department -A general utility easement shall be retained which covers the vacated
portion of right-of-way .
F:\DEP1\NBD\GROUP\BOARDS\PLANCOMM\ST AFF REPORTS 98\V AC-99-01 .DOC
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RO :\D TYPE-5 I
PROFILE
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TYPES
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PEDESTRIAN SIDEWALKLIGITT'S: NONE
BOIL\RD LIGHTS : NONE
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STREET: ASPHALT
CROSSWALK COLORED CONCRETE
SIDEWALK CONCRETE
CURBS /Gt.rrrERS: CONCRETE
BIKE PATH : ASPHALT
Attachment Number 6:
Road Type Matrix
(Sheet 7of11)
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