Department of Community Development
Reference: N. Golden Eagle Parkway Right-of-Way Vacation
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Grey Shipman, Associate Planner
Date Prepared: June 4, 2026
PURPOSE
For this right-of-way vacation application, Brighton Crossing LLC (the “Applicant”) is requesting that the City vacate approximately 0.495 acres of public right-of-way. The right-of-way runs along the west side of North Golden Eagle Parkway and is generally located between Royal Pine Street (to the north) and East Bridge Street (to the south).
The proposed right-of-way vacation would convey a portion of public right-of-way to private ownership, specifically the adjacent property owner (i.e., the Applicant). In accordance with the Applicant’s approved Subdivision Plan, the vacated right-of-way would be used to create a private roadway that runs along North Golden Eagle Parkway.
BACKGROUND
On May 2, 2003, the Bromley Park Metropolitan District No. 1 granted a 70’ wide portion of land to the City as public right-of-way via a special warranty deed. Since the right-of-way dedication, North Golden Eagle Parkway has been constructed and there is excess right-of-way that is not needed for public use.
In March of 2026, City Council approved the Brighton Crossing Filing No. 9 subdivision plan (the “Subdivision Plan”). In the Subdivision Plan, the Applicant depicted a new private roadway that would run parallel to the existing North Golden Eagle Parkway. The new private roadway would prevent driveways on residential lots from emptying onto North Golden Eagle Parkway, which is a busier collector roadway. Excess public right-of-way is necessary to allow the private roadway to be constructed.
Surrounding Land Use(s):
PROCESS
The vacation of public rights-of-way is governed by Colorado Revised Statute § 43-2-303 and the Land Use & Development Code (the “LUDC”), which allows City Council to vacate rights-of-ways by ordinance. Section 2.13 of the LUDC outlines the review process for a right-of-way vacation, which conveys public right-of-way to private ownership. City staff and City Council must utilize the review criteria contained in Section 2.13(B) when evaluating a right-of-way vacation. To approve a right-of-way vacation, City Council must approve an ordinance via two readings.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Applications for a right-of-way vacation should meet the review criteria specified in 2.13(B) of the LUDC:
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 the LUDC.
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 no 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.
STAFF ANALYSIS
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 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.
The construction of North Golden Eagle Parkway was completed in 2026. According to the City’s Transportation Master Plan and the Public Works Department, there are no plans to expand or further improve North Golden Eagle Parkway.
2. The right-of-way or easement is not necessary to meet any of the purposes, intent, design objectives or standards of the LUDC.
The right-of-way is not needed to meet the intent or requirements of the LUDC. In fact, the right-of-way vacation would enable the developer to construct a private roadway that will alleviate traffic conflicts along a busier, collector roadway (i.e., North Golden Eagle Parkway).
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.
To ensure utility service and guarantee access to lots, staff are requiring the Applicant to dedicate a utility easement to the City, and the Applicant has consented to this easement. If the right-of-way vacation is approved, a utility easement will be conveyed to the City at that time. Additionally, an access easement for public benefit will be created at the time of platting.
4. There are no adverse impacts on property in the vicinity potentially served by the right-of-way or easement.
The property that surrounds the proposed right-of-way vacation is owned by the Applicant. The vacated right-of-way would become privately owned by the Applicant. Other nearby properties will not be negatively impacted.
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.
PUBLIC NOTICE AND INQUIRY
Although not required, City-staff published notice to the City website on June 17, 2026.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed right-of-way vacation generally meets the review criteria outlined in Section 2.13(B) of the LUDC. Staff is therefore recommending approval of the North Golden Eagle Parkway right-of-way vacation application.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the right-of-way vacation ordinance as drafted;
2. Approve the right-of-way vacation with changes to the drafted ordinance; or
3. Deny the right-of-way vacation ordinance.
ATTACHMENTS
● Draft City Council Ordinance
● Aerial Map by City Staff
● Right-of-Way Vacation Map by Applicant
● Website Notice
● Website Publication Proof
● Staff’s Draft Presentation