File #: Ord 2548    Version: 1 Name: Mid-Rail Real Estate Vacation
Type: Ordinance Status: Passed
File created: 10/4/2023 In control: City Council
On agenda: 12/4/2023 Final action: 12/4/2023
Title: SECOND AND FINAL READING OF AN ORDINANCE VACATING A PORTION OF E. 83RD AVE RIGHT-OF-WAY GENERALLY LOCATED SOUTH OF 8003 E. 83RD AVE, NORTH OF 8000 E. 83RD AVE AND WEST OF VACATED ULSTER ST, COMMERCE CITY, COLORADO
Attachments: 1. Council Communication, 2. Ordinance 2548, 3. Vicinity Map, 4. Vacation of Right-of-Way Report, 5. Applicant Narrative, 6. Vacation Plat, 7. Letter of No Objection - Union Pacific, 8. Development Review Team Comments, 9. Planning Commission Minutes, 10. Public Notice, 11. Staff Presentation, 12. Applicant Presentation, 13. Site Maps
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
12/4/20231 City Council approved on second & final reading  Action details Meeting details Not available
11/6/20231 City Council introduced by council as seated and approved on first readingPass Action details Meeting details Not available
Title
SECOND AND FINAL READING OF AN ORDINANCE VACATING A PORTION OF E. 83RD AVE RIGHT-OF-WAY GENERALLY LOCATED SOUTH OF 8003 E. 83RD AVE, NORTH OF 8000 E. 83RD AVE AND WEST OF VACATED ULSTER ST, COMMERCE CITY, COLORADO

Body
Summary and Background Information:
Mid-Rail Real Estate, LLC is requesting to vacate a portion of East 83rd Avenue right-of-way in Irondale that is no longer used due to a 2017 vacation of a portion of adjoining Ulster Street.

The portion of East 83rd Avenue proposed to be vacated has not been used for several years. This portion of East 83rd Avenue became effectively unusable when a rail spur was built in 2018, and the adjoining portion of Ulster Street was vacated via ordinance No. V-87-17.

The review process and analysis illustrates that the proposed vacation of right-of-way is consistent with the stated goals of the Irondale Neighborhood & Infrastructure Plan and Comprehensive Plan. In addition, there are no outstanding comments or concerns from referral agencies for the proposed vacation of right-of-way. It can be found that all applicable approval criteria from Sec. 21-3233(3) of the Land Development Code have been met as stated in the Vacation of Right-of-Way report.

On October 3, 2023, the City’s Planning Commission held a public hearing on this item and voted unanimously (5 - 0) to recommend approval to City Council.

Staff Responsible (Department Head): Tricia McKinnon, Acting Community Development Director
Staff Member Presenting: Jennifer Jones, Planning Manager

Financial Impact: None
Funding Source:

PC Recommendation: Approval of the Vacation of Right-of-Way

Action Alternatives:
Approve the application in accordance with the PC recommendation; Deny the application;
Continue the application to a subsequent City Council hearing; or Remit the application back to Planning Commission.

Potential Motions:
Approval
I move that the City Council enter a finding that the requested Vacation of Right-of-Way containe...

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