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HomeMy WebLinkAbout5 - Request for Right-of-way vacation, 833 Pleasant StreetMEMORANDUM April 19, 2001 MATTERS FRQM THE PLANNING DIRECTOR TO: Planning Board FROM: Peter Pollock, Director, Planning Department Robert O Cole, Director, Project Review Robert Myers, Case Manager SUBJECT: This memorandum constitutes official notice, as required by Section 79 of the City of Boulder Charter, of a request for a right-of-way vacation. The City of Boulder Open Space & Mountain Parks is initiating vacation of a 50- foot wide street right-of-way in the center ofthe "Mattie Dean Open Space Property." The property is located at 833 Pleasant Street. PLANNING BOARD ACTION REOUESTED: Review and comment prior to City Council consideration. See attached memorandum to be sent to City Council. S: ~PLAN\PB-[TEM S~IvtEMOS~R.4833Pleasantpbm.wpd CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: May 1, 2001 (Agenda Item Prepazation Date: Apri] 17, 2001) AGENDA TITLE: Introduction, first reading and consideration of a motion to order published by title only an ordinance vacating the 50-foot wide street right-of-way in the center of the "Mattie Dean Open Space Property." The property is located at 833 Pleasant Street. Applicant: City of Boulder Open Space & Mountain Parks REQUESTING DEPARTMENT: Planning Department Peter Pollock, Planning Director Robert O Cole, Director of Project Review Robert Myers, Case Manager FISCAL IMPACT: None PURPOSE: Consistent with state law, only the City Council may, by ordinance, vacate the community's interest in rights-of-way and public access easements. The City Counci] is asked to consider vacating the 50-foot wide platted street labeled Pleasant Street Court in Block 3 ofBuena Vista Heights, located at 833 Pleasant Street. The street to be vacated was never constructed. It is shown on the Buena Vista Heights Subdivision and runs north-south through the middle of the "Mattie Dean Open Space Property." S:~PLAN~Cc-items~IVIEMOS~RA833Pteasant.CCl.wpd AGENDA ITEM # Paee 1 BACKGROUND: • The proposal is to vacate the 50-foot wide street labeled Pleasant Street Court. Pleasant Street Court is located north of Pleasant Street, south of a 20 foot wide alley, east of Lots 16 through 18 and west of L,ots 19 through 21 of the Buena Vista Heights subdivision. The dimensions ofthe Pleasant Street Court right-of-way is 50 feet by 139.89 feet. (See Attachment B) In 1982, the City Open Space Program was given Lots 16 through 18 and Lots 19 through 21 of Block 3, Buena Vista Heights subdivision ("Propert~'). This undevaloped Property was conveyed to the City of Boulder ("City") by National State Bank, as trustee for Ms. Mattie Dean, who lived adj acent to the Property. The Property had been used by Ms. Dean and her sister, as well. This was an area which Ms. Dean, her friends and guests used as a quiet place of refuge and she wished to have it retained in its naturai state. Accordingly, the conveyance to the City stipulated that the property was being given to the City of Boulder Open Space Program "for Open Space purposes only, and Grantee expressly consents and agrees that said property will be left in its natural state and that no improvements be constricted thereon." Therefore, the Property is known as the "Mattie Dean Open Space Property." This Property, 39,000 square feet, has continued to function as a small neighborhood retreat that attracts songbirds and contains native vegetation. The Open Space staff has developed a management philosophy for this property to leave it native with minimal managed impacts. ANALYSIS: City Council adopted the following guidelines for the vacation of public-rights-of-way and public access easements in Section 8-6-9, B.R.C., 1981. It is presumed that easements or rights-of-way were originally acquired or dedicated for a valid purpose. Applicants seeking to vacate said portions ofproperties bear the burden to show that the change is not contrary to the public interest. The Pleasant Street Court right-of-way is in the center of the Mattie Dean Open Space property. If this right-of-way were to be developed into a street, it would be contrary to purpose of preserving the Property in its natural state. There is no valid purpose for a street at this location. 2. All agencies and departments having a conceivable interest in the easement or right- of-way must indicate that no need exists, either at the present or conceivable in the future, to retain the property as an easement or right-of-way, either for its original purpose or for some public purpose. S:~PLAN~Cc-items~IvIEMOS~RA833PIeasant.CCl.wpd AGENDA ITEM # Paee 2 The City's Public Works Department staff has determined that there are no city utilities within the Pleasant Street Court right-of-way. City staff, Qwest, TCI and Xcel Energyhave reviewed the proposed vacation and indicated that they have no present or future intarest'in the property as an easement or right-of-way. 3. The applicant must demonstrate, consistent with theBoulder Valley Comprehensive Plan and the City's Land Use Regulations, either: a) that failure to vacate an existing right-of-way or easement on the properry would cause substantial hardship to the use of the properry consistent with the Boulder Valley Comprehensive Plan and the City's Land Use Regulations; Failure to vacate the Pleasant Street Court right-of-way would cause substantial hardship to the use of the property because the possibility would remain that Pleasant Street Court could be developed in the center of the Mattie Dean Open Space Property causing a negative impact to the vegetation and natural environment of this Property. b) that the vacation of the easement or right-of-way would actually provide a greater public benefit than retaining the property in its present status. Vacation of this right-of-way would create a greater benefit because it would ensure that the entire Mattie Dean Open Space Property would be preserved, consistent with the donor's express wishes. Approval of this vacation requast would greatly enhance this Property by ensuring that the Open Space criteria under Section 176 of the Charter are met: Preservation of land for passive recreational use, such as hiking, photography or nature studies, and, if specifically designated, bicycling, horseback riding, or fishing; Utilization of land for shaping the development of the city, limiting urban sprawl, and disciplining growth; Preservation ofland forits aesthetic orpassive recreational value and its contribution to the quality of life of the community. S:~PLAN~Cc-items~IVIEMOS~RA833P1easant.CCl.wpd AGENDA ITEM # Pa¢e• 3 NEIGHBORHOOD COMMENT: Public notice of the vacation was sent to all property owners within 600 feet of the proposed vacation. Staff responded to several phone inquires explaining why the right-of-way was being vacated. A letter was also sent from Open Space & Mountain Parks staff to Britton Development Company and other property owners explaining the right-o£ way vacation. (See Attachment C) PLANNING BOARD COMMENTS: This item was referred to the Planning Board at its meeting on April 19, 2001. RECOMMENDATION: Staffconcludes that the proposed vacation meets City Council's adopted guidelines and recommends adoption of the proposed ordinance. ' Approved By: Ronald A. Secrist City Manager ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Vicinity Map Vacation Location Map Letter from Open Space and Mountain Parks Vacation Ordinance and Deed of Vacation S:~PLAN~Cc-itemsVvIEMOS~RA833Pleasant.CC l.wpd AGENDA ITEM # Paee 4 Boulder Vic ATTACHMENT A ~. , ry~,s ~~' - ~ MRii1NH $T ._~'(- 1 S ~j ~ ~ ~ ~ y,!- ' LJNIVER'JITY AVC ~ ~ ~ - ~ _„r _ P1.6R5ANT ST~ ~ ~~ ~1 ~" ~ + ~ Sj " ~~!- .~-~ 1 1~1 ~ HtJGJHGT PR~PHRTY 933 Pl¢A9ANT ST C C N ~ ~ ~~ i-'` ~' ~'~,~;'. ~ ~.: ~~ , ~ r--i r~-i :~ r-i r-~ i-i rn r-~ r~ Location: 833 Pleasant St Review Type: Vacation Rl~ht of Way /~ ~~ Project Name: Pleasant Stroet Court / ~ 1:3600 ~,~~apLink ~~, ~ee,~b..o~o Review Number: LUR2000-00013 Appltcant: Julla Chase, for clty af Bouider ~'""t N "'`•""'"•~"'""`°•` rs,°r,~« ~a: ~.~:• :;='~'~=='~^~~'~~ ..~..., o +oo sao rg.r ~ ~j~~ • or ~o~~O~ ~proJecls\propem~securiynmattietlean.apr 199H aenal photography Approximale praperty boundaries (rom Bouitler Counry Assessor. OY000 Ciry q BaMMr. 'WbMa /J ri~IM~ r~MrvM. T4 ^y0 M~br~ulbn caNWtiO Mrpn b wNM~J M VNlOI~uNO1lMpxfJYMI~Mn1ryIqIM<Op4~1WpW IWp ~bl~b-0NM N~nY'+'M. n~rM10 d M M~. wTqu11M ~W~YN xvMl~n cwwn~wuwGMaea~:wr. TM Inbm4lwn MVkLE u O~WJ u~ pnp~iul rprc~enh~qn Mry. W~iN wurc~ OxunMnl~ xvn EMbOb M wnHl~~w vriN N~NnY MqMLWCY 91~MYN~.IM Clry al Bautl~r qrnYe~ ropWMi1N. awpMaa~mWM. «le tM ~tanq' ~~d'w cMiW~MS~ q W MbmNfmWWn/CMion. AGENDA # PAGE ATTACHMENT B 20' wide alley i ly ~ ~ ~ di ;a ~3 w i y T Lot 16 ................................ Lot 17 Lot 18 Lot 21 •.~~.~~~~.~.~~~~~~..~.~~~.~~.~~~~. Pleasant Street d ~ ~9 ~ ~ 3 ~/ ~ 0 10 10 BO Feat ozoooc~ryaeo~~a.r.coanao ~n ~pnu re~er.ae. *r. m.n mio~m~~wn ca~mnsa nv.en i~ ~~m~ro~e ia ~%/~ m..w~ ~u m me ouru~uv ~m mrv ~~ ~. couwu. a~o~+~.a w f~^~ ~ rommioui~e in.m wrv. ~~ wmr w n wn. wmw~n n~ ~w.u~e..men V . Cana~n~dlMGbMBCU1tIN. n~01 ~OY~~t T~~ I~IW~nelqn OeD~b 10 Pmv~EM ~t a pOpf~iul ~~q~~wX~lUn onry. wnn. wu,w aaumanu.vn aw+~nc.e ~n comp'wrc~ wrn wmrw lpryects~properly~security~mattielots.apr ""o"~'M'sv~a.~e..~~.c~haied,w.,n~wa..~c,.,.~~». 1898aellalphotography Na,mnwn~en~u'eene..a~`~`~~~wcarow~«~xam~ Approximate proparty Eountlaries , (rom Boultler Counry Assessar. ~ Lot 19 ...................................~ LOt 2~ ...~~.~~~..~....~..~.~.....~~~... AGENDA # PAGE ~. ATTACHMENT C City af Boulder Open Space 8s Mauntain Parks P,O. Box 791, Boulder, CO 80306; 303-Q41-3440 www.ci.boulder,co,us/ openspace/ Mflrch 1G, 2U01 F3titton 1)ev~loptticnt Co. 2653 SFrucc: St. Bouldcr, CO &0302 Rc: Vacalinn of Street ltight of Way and Lot Lincs on Mattie Dean Open 5pace Property, Dc:ar Op~n Space Nci~libor, 'I'he City ol Bnulder Open Space and Mountain Parks prograsn has initiated a procoss with the pl~mning department to vacatc thc plotted lot lines and undeveloped street right of way on thc Mattic Dean Property, We qre doing this in ordcr to further prot~ct the pmperty from aiiy type of devclopmcnt. In 1982 tlac City Opcn Space Pragram was b~ven 6 undeveloped lots in Block 3 of the Buena Visra llcishts subdivision west of 9`h 5trcct and north of Columbia cemetery~ 'Che Property w~s convcycd by Nntionnl State Bank as trustee for Mattie Depn, who livcd adjaccnt to ihe property. The p~~operty haci bee;n uscd by Ms. Dcan and her sister, us well. They and their friends and ~ucsts ca]oycd the properly for n~any yoars ~s a quict placc of rcfuge, as well as an axea she wished to retain in its natural state. Accordingiy the Dccd to thc City stipulated tl,at the property was bein~ ~iven to thc City of Bouldcr Opcn Spacc Probram "for Open Space purposcs only, and Grantee exprassly consents and agrees tli~t said propeity will bc lcft in its natural state and that no improvements bc constrictcd thcrcon." This Opcn Space propeity, containing 39,000 square f'eet, has continuecl to function as .a smzll neishborhood retraat complete with songbirds and some native ve~at~tion, Following a thorou~h cleun up of the nroperty in 1996, thc Open 5pace staPf has developed a m~nag~me:nt pl~ilosophy for this propcrty to leave it native with minimal ma~ia~ed impacts. This includcs mflinlainin~ signs aud paU~olling thc propcrly. Jn Ontober 1997, many members of the ncighborhood includins Flatirons Elementary School ~ather~d to install a rccognition for the farsighted gift of Mattie Dcun and to reco~nizc thcir long term and on-boing commit~nent to maintenancc of the prnperty. if you have any questio»s about this or olher Open Space t~nd Mountain Parks issues, please give me a call c~t 303-441-3440. If you have c~uestions pbout the vacation,process itsel!', please call the project mA,n~gcr - Robert Meye~•s at 303•441-3270 or 303-441-3138. 5inc~r~ly, Ann Goodliart Propcrty Agcnt ATTACHMENT D ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIItECTING THE CITY MANAGER TO EXECUTE A DEED OF VACATION VACATING THE 50-FOOT WIDE STTtEET RIGHT-OF-WAY LABELED PLEASANT STREET COURT IN BLOCK 3 OF BLTENA VISTA HEIGHTS SUBDNISION, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, the City of Boulder, Open Space & Mountain Parks, the owner of the "Mattie Dean Open Space Property," located at 833 Pleasant Street, has requested that the City of Boulder vacate the 50-foot wide street right-of-way labeled Pleasant Street Court in Block 3 of the Buena Vista Heights subdivision, as described in Exhibit A; and WHEREAS, the City Council is of the opinion that the requested vacation is in the public interest as said public access easement is no longer necessary for the public use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,COLORADO,THAT: Section 1. The City Manager is hereby authorized to execute the deed of vacation for said street right-of-way; and Section 2. The City Council finds this ordinance to be in the interest of the protection and preservation of the public welfare, and directs that publication be by title only with a statement to the effect that the full text of the within ordinance is available for public inspection and acquisition in the of6ce of the City Clerk. INTRODUCED, READ, AND ORDERED PUBLISHED BY TITLE ONLY this _ day of ~ 2001. Mayor Attest: Director ofFinance & Record Ex-officio City Clerk READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this day of 2001. - Mayor Attest: Director of Finance & Record Ex-officio City Clerk Exhibit A DEED OF VACATION The City of Boulder, Colorado does hereby vacate and release to adjacent property owners, in the manner prescribed by Section 43-2-302, C.R.S., the 50-foot wide street right-of- way located at 833 Pleasant Street in the center of the "Mattie Dean Open Space Property," more particulazl~t described in the attached Exhibit "A." The above vacation and release of said street rigl~t-of-way shall extend only to the right- of-way specifically vacated. The within vacation is not to be construed as vacating any other rights-of-way or easements or cross-easements lying within the description of the vacated street right-of-way as set forth on the attached Exhibit "A". Executed this day of , 2001, by the City Manager after having received authorization tYierefor from the City Council, pursuant to Ordinance # adopted by the City Council of the City of Boulder, Colorado. CITY OF BOULDER, COLORADO BY: ATTEST: Ronald A. Secrist City Manager Director of Finance & Record Ex-officio City Clerk Exhibit "A" The 50-foot wide street labeled Pleasant Street Court in Block 3 of Buena Vista Heights, according to the recorded map of Lands Belonging to the Heirs of Marinus G. Smith, Dec., Boulder County Recorder's Office.