BILL SKINNER, SENIOR PLANNER SEPTEMBER 3, 2014

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1 ARAPAHOE BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING DECEMBER 9, :30 A.M. CASE # V PAULA DORA #12 RIGHT OF WAY VACATION BILL SKINNER, SENIOR PLANNER SEPTEMBER 3, 2014 VICINITY MAP The site is located 300 feet west of the intersection of S. Dayton Street and E. Colorado Avenue in Commissioner District No. 4. Right of Way to be vacated is marked in red VICINITY MAP

2 LOCATION This is the location of the portion of the S. Dallas Street right of way to be vacated. LOCATION OF RIGHT OF WAY TO BE VACATED ADJACENT LAND USES North West East South - The right of way to be vacated is adjacent to E. Colorado Avenue on the north. - The right of way to be vacated is adjacent to the western half of this section of the S. Dallas Street right of way on the west. - The right of way to be vacated is adjacent to /attached to the applicant s property, the address being 9630, E. Colorado Avenue on the east. - The right of way to be vacated is adjacent to an Excel substation utility installation, and a residential home/home based business located at 1881 S. Dayton Street on the south.

3 PROPOSAL The applicants, Donald and Lori Kennedy, are proposing the vacation of a 300 foot long section of the S. Dallas Street right of way extending south from the intersection of the S. Dallas Street right of way and E Colorado Ave. This section of S. Dallas Street has not been developed as a public street, has been functioning as the Kennedy s private driveway, and accesses no other properties. All access to the properties south of this right of way is blocked by fences installed by the occupants of those properties. Future rights to locate utilities in this section of right of way will be retained as conditioned in this staff report, for future utility installations if needed. The western half of this section of the S. Dallas Street right of way will remain unchanged. RECOMMENDATIONS Planning Commission The Planning Commission does not review vacation of right of way applications. Staff Staff recommends that the application be approved based on the findings contained within this report, and subject to the conditions of approval outlined herein. BACKGROUND The subject right of way was put in place to serve as part of the north/south street known as S. Dallas Street. Development of the properties located south of this right of way had blocked the extension of S. Dallas Street, and there are no plans in place to construct the street. DISCUSSION Per Section Approval Standards (for vacations of roadways) of the Land Development Code A vacation of (roadways) may be approved upon finding that: A. The vacation is in accordance with adopted standards and criteria, and the original conditions of approval; (It is.) B. The vacation of these easements is generally in keeping with the spirit and intent of the County Subdivision Regulations; (It is.) C. A platted or deeded roadway or portion thereof or unplatted or undefined roadways which have arisen by public usage shall not be vacated so as to leave any land adjoining said roadway without an established public road or private access easement connecting said land with another established public road. (This section of right of way only serves the lot owned by the applicant s requesting the vacation, and has been functioning as their private driveway. The applicant s intend to continue using this ground for a private driveway.) D. If it is a State Highway, the Transportation Commission approves. (This is not a state highway.) It is the determination of representatives of the County Planning, Mapping, and Engineering Services Division that this Easement Vacation can be considered for approval. Referral Comments for V Comments received during the referral process are as follows: All applicant or staff responses are in Italics.

4 Arap Co Engineering Arap Co Mapping Arap Co Planning Arap Co Zoning Inverness Water & Sanitation Dist. SEMSWA Xcel Energy Urban Drainage No Comment Minor comments that have been addressed No comments No comments Takes no exception No comment Reserves the right to install utilities in the future if needed. This has been done. See condition 3 of this report Directs County Staff to investigate potential easements. Staff has done this. STAFF FINDINGS: Staff has visited the site, reviewed the plans, supporting documentation, and referral comments. Based upon review of applicable development regulations and analysis of referral comments, our findings include: 1. The applicant has complied with the submittal requirements for Vacation of Roadways which are contained in Chapter 14, Section 700 of the Arapahoe County Land Development Code for the Vacation of Public Easements. 2. The vacation meets the approval standards of Chapter 14, Subdivision Regulations, Section 700, Vacation of Roadways, Public Easements and Plats of the Arapahoe County Land Development Code related to adopted standards, criteria, and original conditions of approval, as well as the spirit and intent of the County Subdivision Regulations. RECOMMENDATION: Based on the findings described herein, staff recommends approval of this Easement Vacation application, subject to following condition. 1. Prior to signature of the final mylar copy of these plans, the applicant agrees to address Public Works Staff comments including concerns identified in the most recent Engineering Staff Report. 2. Right-of-way vacation documents shall be recorded with the Arapahoe County Clerk and Recorder s Office. 3. The entirety of the subject right-of-way to be vacated is reserved as a non-exclusive utility easement and this vacation is subject to the reservation of easements for existing and future drainage and utilities within this right-of-way. (draft motions are on the following page)

5 DRAFT MOTIONS V VACATION OF ROADWAY RIGHT OF WAY Recommend Conditional Approval In the case of V13-004, Paula Dora No. 12 Vacation of Dallas Street right of way, we have read the staff report. We find ourselves in agreement with the 3 staff findings, including all exhibits and attachments as set forth in the staff report dated September 3, 2014 and approve this application subject to the following condition: 1. Prior to signature of the final mylar copy of these plans, the applicant agrees to address Public Works Staff comments including concerns identified in the most recent Engineering Staff Report. 2. Right-of-way vacation documents shall be recorded with the Arapahoe County Clerk and Recorder s Office. 3. The entirety of the subject right-of-way to be vacated is reserved as a non-exclusive utility easement and this vacation is subject to the reservation of easements for existing and future drainage and utilities within this right-of-way. Staff provides the following Draft Motions as guidance in preparing an alternative motion if the Board of County Commissioners reaches a different determination: Recommend Denial In the case of V13-004, Paula Dora No. 12 Vacation of Dallas Street right of way, we have read the staff report dated September 3, Based on the information presented, we do not approve the application, based on the following findings: 1. State additional new findings as part of the motion Continue to Date Certain: In the case of V13-004, Paula Dora No. 12 Vacation of Dallas Street right of way, I move to continue the hearing to [date], 9:30 a.m., to obtain additional information and to further consider the information presented. Attachments: Application & Exhibits Engineering Staff Report Referral Comments

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