Department of Community Development
Reference: South Main Redevelopment Right-of-Way Vacation
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Amanda Diaz, Associate Planner
Date Prepared: October 23, 2024
PURPOSE
The purpose of this item is to consider the vacation of City-owned right-of-way (the “Application”). Vacation of public rights-of-way is governed by Colorado Revised Statute § 43-2-303 and the Land Use & Development Code (the “LUDC”), which allow City Council to vacate City owned rights-of-ways and easements by ordinance. In this instance, the City owns a portion of right-of-way that is no longer necessary for the function of the existing roadway of S. Main Street. The Brighton Urban Renewal Authority (BURA) (the “Applicant”) is the adjacent landowner, and as such, will ultimately own the vacated portion of right of way if this vacation is approved by the City Council. The Applicant proposes to vacate approximately 0.012 acres of City owned right-of-way (the “Vacation” or the “Property”). As part of the Application, a petition for vacation of right-of-way was submitted with all adjoining property owners providing consent and support for the Application.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
The LUDC outlines that the vacation process applies to any public rights-of-way or easements dedicated to the City that are proposed to revert to private ownership. As such, the City Council should use the review criteria outlined in the LUDC Section 2.13(B) in considering this Application. The Review Criteria includes:
1. There is no public purpose for the right-of-way or easement, considering the Comprehensive Plan, the Transportation Master Plan, or other plans or policies under those plans.
2. The right-of-way or easement is not necessary to meet any of the purposes, intent, design objectives or standards of this code.
3. Vacating the right-of-way or easement will not leave properties without necessary access or provisions of other public utilities and services, or alternatively private easements, to reserve necessary access or provisions of public utilities and services are maintained.
4. There are not adverse impacts on property in the vicinity potentially served by the right-of-way or easement.
5. The vacation meets all other requirements of the Colorado Statutes, the Colorado Constitution, and the Brighton City Charter.
BACKGROUND
The Property was annexed in 1950 as a part of the City Core Annexation. In 2023, the Property was zoned as part of the South Main Redevelopment Planned Development (PD). As of the date of this Memorandum, the final plat application for the South Main Redevelopment property is currently under review by staff. Prior to 2001, S. Main Street, then known as State Highway 85-B (SH 85-B), was aligned further west of its current alignment closer to US-85. As such, the Property was under the ownership and jurisdiction of the Colorado Department of Transportation (CDOT). In 2001, CDOT approved a resolution abandoning SH 85-B within the city limits of Brighton. Additionally, CDOT and the City entered into an Intergovernmental Agreement (IGA) to set forth the terms of the City’s possession of State Highway 85-B, now known as S. Main Street. Due to the proximity of the S. Main Street and Bromley Lane intersection to US-85, it was determined that S. Main Street should be realigned to improve vehicular and pedestrian safety at said intersection. In 2013, CDOT and the City entered into another IGA to set the terms of this realignment. During this realignment, the Property was created with the intent to provide access to an adjacent parcel. As mentioned, the Applicant has submitted a final plat application with the City. With the new proposed lot lay out, as included in the final plat application, the Property is no longer necessary to provide access to the future lots. As such, the Applicant is requesting that the Property be vacated.
Surrounding Land Use(s):
STAFF ANALYSIS OF THE APPLICATION
The proposal is to vacate a portion of the current right-of-way. A future final plat application will combine the 526 square feet of vacated right-of-way with adjacent property to be owned and maintained by the Applicant.
Land Use & Development Code:
In making its decision, the City Council shall use the following review criteria from Section 2.13(B) of the LUDC. Below, staff analyzes how the Application meets and/or exceeds the criteria:
1. There is no public purpose for the right-of-way or easement, considering the Comprehensive Plan, the Transportation Master Plan, or other plans or policies under those plans.
As mentioned, the Property is no longer needed to provide access to future lots. As a result, there is no public purpose for the right-of-way. The realignment of S. Main Street eliminated the public purpose for the Property. The Applicant will have ample land to provide new access that meets the standards of various City codes.
2. The right-of-way or easement is not necessary to meet any of the purposes, intent, design objectives or standards of this code.
As noted, the Property is no longer necessary to serve adjacent properties. In fact, the Property as it sits today is not preferable to staff in relation to the standards of City code. If vacated, any new access points will meet the standards of the codes in effect at the time of development.
3. Vacating the right-of-way or easement will not leave properties without necessary access or provisions of other public utilities and services, or alternatively private easements, to reserve necessary access or provisions of public utilities and services are maintained.
Staff has reviewed the Application and finds that there is sufficient land for new access to adjacent sites. Furthermore, Staff has determined that the pending final plat application provides ample land for existing and future utilities and services, as well as new easements.
4. There are no adverse impacts on property in the vicinity potentially served by the right-of-way or easement.
There are no adverse impacts on neighboring properties in the area. Vacating the Property will not prevent access to S. Main Street and the adjacent privately owned parcels.
5. The vacation meets all other requirements of the Colorado Statutes, the Colorado Constitution, and the Brighton City Charter.
The proposal does not conflict with the Colorado statutes, the Colorado Constitution, or the Brighton City Charter.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) reviewed this project and recommended approval.
• Brighton Police Department did not oppose this project during the review process.
• Brighton Fire Rescue District has signed off with their approval of the plans.
Note: A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
On November 4, 2024, mailings were sent to all adjacent property owners receiving a portion of the right-of-way. Also included with the letter was a map of the Property. A notification was published on the City’s website, as well as multiple social media platforms, on the same day.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Application is in general compliance with the requirements as outlined in Section 2.13(B) of the LUDC and, therefore, recommends approval of the South Main Redevelopment Right-of-Way Vacation. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Right-of-Way Vacation application. The City Council may:
Ø Approve the Right-of-Way Vacation Ordinance as drafted;
Ø Approve the Right-of-Way Vacation with modifications to the Ordinance;
Ø Deny the Right-of-Way Vacation Ordinance with specific findings to justify the denial; or
Ø Continue the item to be heard at a later, specified date if more information is needed for the City Council to make a decision.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Aerial Map by City Staff
● Right-of-Way Vacation by Applicant
● Neighboring Property Owner Notification
● Buffer Map of Mailing Area
● Website Notification
● Website Notification Proof
● Affidavit of Sign Posting
● Draft Staff Presentation