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HomeMy WebLinkAbout1997 Resolution No. 101• • • RESOLUTION NO . @./._ SF.RIES OF 1!197 A RESOLUTION AUTHORIZING A VACATION OF RIGHT-OF-WAY LOCAVED IN THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD, COLORADO FOR THE BENEFIT OF UNIVERSAL AUTO RECYCLING . WHEREAS , the City of En~lo;·:ood reco;ved a request for vacation of Right-oe:Way from Micha,,! Yurcbick owner of Universal Aut, Recycling which is located at 1735 West Harvard Avenue; and WHEREAS , Mr. Yurcbick's request states that he has initiated the vacation to maximize use of bis Jan,i and to help eliminate the dumping of trash on bis property arul wimin the So uth Pecos Right-of-Way and that the Right-of-Way vacation serves no plll'J)(lN for the movement of traffic in the area; and WHEREAS, the Right-o f-Way requested to be vacated is currently used to praviile a loop system for businesses along West Wesley Avenue, West Harvard Avenue and South Pecos Street facilitating truck movement in the area; and WHEREAS , the proposed Right-of-Way to be vacated is the 2400 bloc& of South Pecos Street which forms the boundary between the City of Englewood and Arapahoe County ..-:th the City and County of Denver; and WHEREAS , the subject Right-of-Way aud adjacent area were annexed into th.e City of Englewood in 1957 and is zoned as 1-2, General Industrial District; and WHEREAS, the City of Engl ewood's Neighborhood and Business Developmen:: has revi ewed the requested Right-of-Way vacation and recommends it be approved ..-:th the fo llowing co nditions: 1 . A 30 foot easement for the existing water and sew er lines shall be gr.mud and shall be maintained so that free access to these lin es is available ar all times: and 2 . Full cul-de-sacs or hammerheads, built to City specificati on s . shall ~ constructed by the owner at the east ends of West Wesley Ave nue and West Harvar:i Avenue, along with the declicatioe of the accompanying right-of-way to the City b efore the curren t Right-of-Way is vacated ; and 3. The vacation shall only become effective upon the approval oi the Arapahoe County Co mmissioners and upon the City and County of Denver vacating ~e e:ut 30 foet of R;e,ht-of-Way in the 2400 block of South Pecos Street; and WHEREAS, the Englewood Pla nning and Zonin g Commi ssion re viewed the -racation of South Pecos Street Right-of-Way at their April 8, 1997 meeting and recomm ended a pproval by the City Council; :--1O\V, THEREFORE, BE IT ORDAINED BY THE CITY COUN CIL OF THE CTI" OF ENGLEWOOD, CO LORAD O, AS FOLLOWS: • • • filslilm..l. The vacation of Right-of-Way located in the 2400 block of South Pecoe Street, is hereby accepted and approved by the Eaglewood City Council upon the f\tlfillment of the following conditions: I. A 30 foot easement for the existing water and sewer lines shall be granted and shall be maintained so that free access to these lines is available at all tim es; and 2 . Full cul-de-sacs or hammerhead s , built to City specifications, shall be constructed by the owner at the east ends of Wos t Wesley Av enue and West Harvard Avenue, along with the dedication of the accompanying right-of-wo y to the City before the current Right-of-Way is vacated ; and 3 . The vacation shall only becom e effective upon tho ap~roval of the Arapahoe County Commissioners and upon the City and County of Denver vacoting the east 30 feet of Right-of-Way in the 2400 block of South Pecos Stroo t; and I. l..."Ucrishia A. Elli s, City Cle rk foJ !~e City of Englewood , C above tS a true copy of Resolution No/U.., Seri es of 1997 . Lou cri s hia A. Ell is • • • COUNCIL COMMUNICATION T lt.~1•1 Jf' 'tAJ.11:i Date I Agenda Item I Subject Vacation of the 240 /f 1 October 6, 1997 10c ii. block of South Pecos Street Initiated By Staff Source Michael Yurchick Harold Stitt. Planning Community Coord inator Universal Auto Recycling 1735 West Harvard Avenue Englewood, Colorado 8011 o COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Previous Council Action: There has been no previous Council action on this matter. Previous Planning Commission Action: The Planning Commission recommended approval of the vacation of the South Pecos Street right-of-way on April 8 , 1997. RECOMMENDED ACTION City staff recommends the vacation of the right-of-way in the 2400 block of South Pecos Street with the following conditions : 1. A 30 foot easement for the exist ing water and se wer lines shall be granted, and shall be ma intai ned so tha t free access to these lines is avail ab le at all times . 2. Full cul-de-sacs or hammerheads built to C ity specifications shall be constructed by the owner at the east ends of West Wesley Avenue and West Harvard Avenue , along with dedication of the accompanyin g ri gtt1-of-way to the City before th e cu rre nt right-of-way is vacated . 3 . The vacation shall only become effective upon tlie approval of th e Arapahoe County Commissioners and upon t he City and aunty of Denver vacati ng the east 30 feet of right-of-way in the 2400 block of Sou.ti Peco s Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED The vacation request in vo lves the 2400 block of South Pecos Street and forms the bou ndary between the City of Engle woo d and Arapahoe Co unty with !he City and Co unty of Den ver. Th e su bject right -o f-way and adjacent area were ann exed 1 10 the City of Englewood in 1957 and subsequently zoned 1-2, General Industrial Di strict. The ad 1acent area in th e City of Denver is zoned 1-2, Heavy Industrial. Th e Ci ty and Cou nty of Denver is also in the process of evaiuating a vacat ion reque st fo r the east 30 feet of th e 2400 blo ck of Sou th Pecos. The positio of the Department of Neighborhood and Bu si ne ss Development is that the South Peco s Street ri ght-of-way does not serve a compelling public purpose and that Lltili ty line access can be assured and co ntrolled through retention of an easement. • • • To: Tbru: From: Date: Suliject: Planning and Zoning Commission Robert Simpson , Direc,or of Neighborhood and Business Development Harold J. Stitt, Planning Co mmuni ty Coordinator April 4, 1997 P.C. Date : April 8, 1997 Right-of-Way Vacation Request Case# VAi'.: 97-01 Vacation or the 2400 Block of South Pecot St!'ett ~ Michael Yurehick Universal Auto Recycling 1735 West Harv11rd Avenue Englewood, CO 801 JO PROPERTY OWNER/LESSEE: Michae l Yurchick Universal Auto Recycling 1735 West Harvard Avenue Engl ewood, CO 80110 LOCATION OF PROPO SE D VACATION: The right -o f-way proposeJ to be vacated is the 2400 block of South Pecos Street which fonns the bo und ary betwt:en both the City of Englewood and Arapahoe County with the City and Co unty of Den ver. RECOMMENDATION: The Department of Neighborhood and Bu sine ss Development recommend s that the r eq uested right-of-way vacation be approved, with the following conditions. I . A 30 foot easement for th e existing water and sewer lines shull be granted, and shall be maintained so that free access to these lin es is available at all times. 2. Full cul-de-sacs built to City specifications shall be provided at the east ends of West Wesley Ave nue and West Ha ,·vard Avenue . 3. The ,·aca tion shall only become effective upon the approval of the Arapahoe County Commissio ners and upon the City and Co unty of Denver vacating the east 30 feet of right-of-way in the HOO block of So uth Pecos Street. BACKGROU:,/D : The ·,acation request invo lve s the 2400 block of South P· Qs Street and forms the boundary between the City of Englewood and Arapahoe Cou nt y with the City and County of Denver. The • • • COUNCIL COMMUNICATION 1M I 11A 11'1 Date I Aganda Item I Subject Vacation ol the 2400 October 6, 1997 10 cii. block of South Pecos Street Initiated By Staff Source Michael Yurchick Harold Stitt , Planning Community Coordinator Universal Auto Recycling 1735 West Harvard Avenue Englewood, Colorado 80110 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Previous Council Action : There has been no previous Council action on this matter. Previous Planning Commission Action: The Planning Commission recommended approval of the vacation of the South Pecos Street right-of-way on April 8, 1997. RECOMMENDED ACTION City staff recommends the vacation of the riqht-of-way in the 2400 block of Sou th Pecos Street with the following conditions : 1. A 30 foot easement for the existin g water and sewer lines shall be granted, and shall be maintained so that free access to these lines is available at all ti mes . 2. Full cul-de-sacs or hammerheads built to City specifications shall be const ruct ed by the owner at the east ends of West Wesley Avenue and West Harvard Avenue , along with dedication of the accompanying right-of-way to the City before the current right-of-way is vacated . 3. The vacation shall on become ettective upon the approval of the Arapah oe County Comm issioners and upon the City and County of Denver vacating the east 30 feet of right-of-way in the 2400 block of South Pecos Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The vacation request involves the 2400 block of Sou th Pecos Street and forms the boundary between the City of En glewood and Arapahoe County with the City and County of Den ve r. The subject right-of-way and adjat:ent area were annexed into the City of Englewood in 1957 and subse quently zoned 1.2 . General Industrial District. Th e adjacent area in the City of Denver is zoned 1-2, Heavy Industrial. The City and County of Denver Is also In the proce ss of evalua ting a vacation requ est for th e east 30 feat of the 2400 block of South Peco s. The position of the Department of Nei ghborhood and Bu siness De velopment is that the South Pecos Street right-of-way does not serve a compelling publ ic purpose and that utility line access can be assured and co ntrolled through retent ion of an easement. RNANCIAL IMPACT NIA UST OF ATTACHMENTS Prop058d Resolutlon Staff Report Case No . VAC 97-01 • • • • • • To: Thru: From: Date: Subject: Planning and Zoning Commission R.Jbcrt Simpson , Director of Neighborhood and Business Development lllarold J. Stin, Planning Community Coordinator April 4, 1997 P.C. Date: April 8, 1997 Ript-of-Way Vacation Reqnest Case# VAC 97-01 Vacation of the 2400 Block of South Pecos Street APPLICA.'11': Micbacl Y=hick Universal Am.:> Recycling 1735 West Harvard Avenue Englewood, CO 80110 PROPER1)' OWNER/LESSEE: Michael Ycrcbick Universal ~to Recycling 1735 West Harvard Avenue Englewood. CO 80110 LOCATIOX OF PROPOSED VACATION; The rigln-o:f-way proposed to be vacated is the 2400 block of South Pecos Street which fonns the boundary ~ both the City of Englewood and Arapahoe County with the City and County of De nver. RECO'.\B[DIDA TION: The DeJl1Z11Dent of Neighborhood and Business Development recommends that the requested right-of-way vacation be approved, with the following conditions. I. A 3a fool easement for the existing water and sewe r lines shall be granted, and shall be aainlllioed so that free access to these lines is available at all limes, 2. full cul-de-sacs built lo City specifications sha ll be provided at the east ends of West W w ey Aven ue and West Han·ard Avenue. 3. The , acarion sh nil only become effecti,•e up on the appro• a; l f the Arapahoe County Commissioners and upon the C ity and Co unt)' of Den ver • ·.eating the eas t JO fe el of rigfu-of-way in the HOO block of So uth Pecos Street. BACK GROII'.liD· Th e , ac:won reque st involves the 2400 block of South Pecos Street and form s the boundary be twee~ th,, City of Englewood and Arapahoe County with the City and County of Denver. The Case #Vi\C '17 -01 Rl&hl·O(-W&Y Vacation Pftll• 2 subjec1 right-of-way and adjacent area were annexed into the City of Englewood in 1957 and subse quenliy :roneu 1-2 , General Industrial DistricL The adjacent area in the City of Denver is • zo ned 1-2, Heavy Industrial . Mr. Yurchick 's request states th at he has initialed the vacation to maximize use of his land and to help eliminate the dumping of crash on his property and within the South Pecos Street right-of• way. Dumping has been a problem with the property historically , as it was at Warren and Pecos, a previous vacation . Mr . Yun:hi ck further swes that the proposed right-of-way vacation serves no purpose for the movement of traffic in the area. A similar request wa s considered and approved by the Planning Commission in 1988 , however , th~ ap plicant withdrew the reque st before final action .:oul d be take n by the City Council ANALYSP: Mr. Yurchick has requested this vacation to maximize the use of his land and to help eliminate the dumping of b11Sh on his property . Dumping is a legitimate problem in the area and vacation of the right-of-way would allow Mr . Yurchiclc to fence the area and reduce the dumping . The dumping problem is increased by the fact lhal there is no direct access to the Denv er portio n of the right-of-way or Mr . Yurchick's property cast of South Pecos SL"CCt from the City and County of Denver . Denv:r Police and other Den ver em ergency and maintenance vehicles must travel through Englewood to serve thi s area. The right-of-way requested to be vacate d is currcutl y used to provide a loop system for bu si ne sses along West Wesl ey Avenue. West Harvard Avenue and South Peco~ Street. While th e 2400 block of South Peco s Street is not necessary for access to any of the prc perties along these stree ts or for the overall roadway system of the City, it does provide a loop ::int facilitate s truck movement in the area. In evaluating a vacation req1Jest, the prim ary crite iia fo r consideration is whether the existing public right-of-way provides a public purpose. Pre=itly, there ex ist water and sewer lines within the South Pec os Street right -of-way. thus servi ng a public purp ose. The Utilitie s Department requires unres tri cted acce ss to these lines for maintenance. However, this right-of• way is unimproved and being located in a somewhat isolated area, the adjacent property and the right-of-way has served as a dump ing area . The Public Works Department regularly removed debris from this right-of-way, thus the public right-of--..1;:,-does not serve a public purpo se. The Public Works Department has stated that if the vacation were granted. the y would require full cul-de-sacs at the eas; end of Wes t We sley A,·e:,ue and W,·.st Harvard Avenue . The City and County of Denve r is also in the proce.ss of ,valuating a vaca tion request for the east 30 feet of the 2400 block of South Pecos. The positi•m of the Depanment of Ne ighborh oo d an :. Business Deve lopment is th at the South Pecos StreC'I righ t-of-wa y does not serve a compe llin g pub lic purpose and that utility lin e access can be assured and co ntroll ed through reten ti on of an easement. The Dep artment further rec ommends that the vacation sho uld be coordinated with the City and Co un y of Denve r and that either both halves of the 2400 bl ock of So uth i'eco s Stree: be vaca te. or neither be vaca ted. lONE DISTRICT : ·.2, Genera l Industri al Disuict. RELA 1 ION TO COMPREHE NS IVE PL\;\: The i 97~ Comprehensive Plan designates th is area as an industrial area . The Master Street Pl an indicates that South Pecos Stree t is a local street. meanirg it is not a vital link in th e Cit y's roadway syste m. bu t it does provide access to the businesses in the area . • • • • • Cu # VAC 97-01 Ri&ht:of•W,x Vagfion PROCEDURE; pqe3 The City Planning 1111d 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• Full cul-de-sacs built to City specifica:ions shall be provided at the cast ends of West Wesley Avenue and West Harvard Avenue . Safety Services Department • Community Services • No comment. Utilities Department• As in 1988 the position of the Water and Sewer Department is tha• we do not want Pecos Street vacated under any circumstances. The 6" water main is vital for the looped flow in that area and the 12" sewer main drains the entire area from W. Balcer A venue nonh. We need free , clear and easy access to these mains for any eventual repairs or maintenance .