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File #: Ord 2396    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/20/2022 In control: City Council
On agenda: 7/18/2022 Final action: 7/18/2022
Title: SECOND AND FINAL READING OF AN ORDINANCE VACATING RIGHT-OF-WAY ALONG COLORADO BOULEVARD CONSISTING OF THE NORTHWEST SIDE OF THE REALIGNED COLORADO BOULEVARD SOUTH OF THE BURLINGTON DITCH AT EAST 72ND AVENUE, COMMERCE CITY, COLORADO.
Sponsors: Katelyn Memmer
Attachments: 1. Council Communication, 2. Ordinance 2396 - Final, 3. Ordinance 2396 - Updated, 4. Ordinance Exhibit A Legal Description, 5. Ordinance 2396 - Original, 6. Staff Report, 7. Vicinity Map, 8. Planning and Referral Agency Comment Letters, 9. SACFD Review, 10. Xcel-Annexation letter response, 11. Comcast No Objection Letter, 12. Lumen No Objection Letter, 13. PW_ROW Vacation No Objection Letter, 14. Xcel No Objection Letter, 15. Minutes of the May 3, 2022 Planning Commission, 16. Posting Affidavit Planning Commission, 17. Posting Affadavit City Council, 18. Posting Affidavit City Council - Updated, 19. Proof of Publication - Planning Commission, 20. Proof of Publication - City Council, 21. Applicant Presentation
Title
SECOND AND FINAL READING OF AN ORDINANCE VACATING RIGHT-OF-WAY ALONG COLORADO BOULEVARD CONSISTING OF THE NORTHWEST SIDE OF THE REALIGNED COLORADO BOULEVARD SOUTH OF THE BURLINGTON DITCH AT EAST 72ND AVENUE, COMMERCE CITY, COLORADO.

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Summary and Background Information:
Prospect, LLC is requesting approval of a vacation for a portion of Colorado Boulevard right-of-way. The right-of-way proposed for vacation is approximately .08 acres in size and will be appended to the adjacent property located at 7001 Colorado Boulevard.

This request for vacation of ROW was referred to all relevant agencies including Public Works Department, the South Adams County Water, and Sanitation District, the South Adams County Fire District, and Xcel Energy. No comments were received stating a reduction in the quality of services or facilities would result from this vacation. Further, letters stating no objections were received from the following agencies: Public Works Department, Xcel Energy, Comcast, and CenturyLink Lumen.

Vacation of this portion of right-of-way would make land that is no longer needed for a stormwater facility.

This case is in conjunction with the annexation case AN-265-22 and the annexation zoning case Z-984-22.

Approval Criteria
Section 21-3233(3) of the Commerce City Land Development Code (LDC) outlines the criteria use when evaluating vacations of rights-of-way.

Sec. 21-3233(3)(b)
Approval Criteria. A vacation application may be approved if:

Criteria (i): The vacation is consistent with the comprehensive plan and any other applicable city-approved plan;
Analysis: Divesting the city of unneeded right-of-way implements goal FS 1 of the Comprehensive Plan (Comp Plan) that strives to provide efficient infrastructure. This application also makes the vacated right-of-way available for a stormwater facility, which is consistent with goal PF 1 of the Comp Plan that promotes coordination between entities to provide infrastructure, including ...

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