Body
Department of Community Development
Reference: Christine Place Vacation
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Marv Falconburg, AICP - Asst. City Manager of Development
Holly Prather, ICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: March 28, 2017
PURPOSE
The right-of-way vacation application before the Council is for two pieces of land. One is located on the east side of N. 19th Avenue, south of Jennifer Court and the other is located on the south side of Jennifer Court, east of N. 19th Avenue. The applicant for Christine Place, Jeff Teater, is requesting the City vacate the two small strips of right-of-way. The required process for vacation of right-of-way is governed by the Colorado Revised Statutes, Section 43-2-303. The vacation must be by ordinance, and therefore, this application is before the City Council for either approval or denial.
BACKGROUND
The parcels to be vacated are adjacent to property that was annexed into the City in 1983 and is currently zoned R-3. The applicant for the Christine Place project has been working with the City on developing a market-rate apartment complex. The two parcels to be vacated are adjacent to that property and are either unused right-of-way, as is the case with the 19th Street parcel, or right-of-way that is unnecessarily wide and the Streets and Fleet Department determined the existing road could be narrowed, as is the case with the Jennifer Court piece. This narrowing would happen from the existing fifty plus (50+) foot street to one that meets current City standards for a local street, which would be thirty-six (36) feet. Upon vacation of the two parcels, title to the vacated portions vests in the adjacent landowner and the City no longer has any ownership or maintenance responsibilities for those parcels.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Vacation of Certain Public Right-of-Way:
The City Council shall decide whether this vacation application meets the following requirements, as set forth by the State of Colorado (C.R.S. § 43-2-303):
1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods:
a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado.
2)
a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall 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.
b) If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality.
c) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7.
3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances.
STAFF RECOMMENDATION
Staff finds that the proposal meets the review criteria found in C.R.S. § 42-2-303, and therefore recommends approval of this vacation for the rights-of-way specifically described within the ordinance. Staff has prepared a draft ordinance that approves the proposed vacations.
OPTIONS FOR COUNCIL CONSIDERATION
The Council has two (2) choices it can make after reviewing this application. The Council may: (1) approve the vacations or (2) deny the vacations.
ATTACHMENTS
Aerial Map of Christine Place w/ approximate Vacation Areas
City Council Ordinance w/ Proposed Vacation Exhibit (draft)