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REQUEST FOR COUNCIL ACTION
ORDINANCE: O-2002-18
SUBJECT: Vacation Case No. VA-02-002
To vacate a portion of right-of-way (ROW).
ADDRESS: Right-of-way is located at 780 Indiana Street and is along 8TH Avenue between Indiana Street and Gladiola Street.
RECOMMENDATION:
Staff recommends approval of this request and adoption of the attached ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Doug Reed of Fine Line Consulting, on behalf of Golden Mesa LLC, has been working with the City's Community Planning and Development Department to vacate a portion of 8TH Avenue between Indiana Street and Gladiola Street in order to develop that right-of-way and the adjacent properties as a Stevinson automotive dealership. Some utilities are still located within the right-of-way and therefore, easements for utilities are being reserved in the proposed ordinance. The parcels directly adjacent to the proposed vacation and part of the proposed automotive dealership development are unplatted and are currently under the ownership of the applicant. Those parcels are currently vacant. A realignment of the connection between 7TH Avenue, Fig Street and 8TH Avenue has been reviewed by City Staff and will accommodate the traffic circulation affected by the proposed vacation.
Staff has identified three conditions to the approval of the proposed vacation that must be fulfilled prior to the vacation ordinance being effective. Those conditions are as follows: Firstly, the above-mentioned realignment must be constructed and accepted by the City. Secondly, as required by State Statute, City Staff has worked with Jefferson County in processing the proposed vacation since the area to be vacated is a boundary between jurisdictions. Therefore, the second condition of approval for the proposed vacation will be that Jefferson County must also review and approve the proposed vacation. Lastly, the applicant must also plat the subject site associated with the future development into one lot. The applicant is currently in the process of meeting all three conditions.
The applicant proposes to vacate this right-of-way in order to develop the
adjacent properties as one large parcel. The City of Lakewood does not need
this right-of-way with the realignment of 7TH Avenue, Fig Street and 8TH Avenue.
ANALYSIS OF ISSUES:
Title 43, Article 2 of the Colorado Revised Statutes indicates that vacations of right-of-way may only be approved if it is determined that the property is no longer necessary for public use and no land would be left without an established public road. The City has applied this standard and has analyzed the impact of this proposed vacation of right-of-way requests upon the surrounding neighborhood, and has determined that no negative impacts would occur.
DATE OF FIRST READING: June 10, 2002
DATE OF SECOND READING: June 24, 2002
ORIGINATED BY: Community Planning and Development
STAFF PERSONS RESPONSIBLE: Dru Siley, Project Manager (303-97-7725)
Vince Harris, Manager of Development Review and Code Enforcement (303-987-7516)
DOCUMENTS ATTACHED: Ordinance
Vicinity Map
SUBMITTED BY:
Dru Siley, Planner II
Vincent Harris, Manager of Development Review & Enforcement
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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