Department of Community Development
Reference: Brighton Ridge Subdivision Filing No. 1 Easement Vacation
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Associate Planner
Date Prepared: January 16, 2024
INTRODUCTION / PURPOSE/ BACKGROUND
The vacation of easements as set forth in the Land Use & Development Code (“LUDC”), allows City Council to vacate easements by ordinance. The application before City Council is for an approximately 0.065-acre portion of an existing utility and drainage easement, generally located to the north of the Gateway Street alignment, south of East 120th Avenue, east of Southgate Boulevard and west of South Platte Valley Avenue (the “Easement”). The Easement was originally dedicated under the Green Homestead Subdivision (the “Original Property”). In 2022, the Brighton Ridge Subdivision which includes the Original Property was approved by the Planning Commission and accepted by City Council. The Original Property was replatted into Tract B (the “Property”) under the Final Plat of Brighton Ridge Subdivision Filing No. 1. Walk Off LLC is the applicant and Property owner (the “Owner” and/or “Applicant”). Travis Fraser is the project contact working on behalf of the Property Owner. As part of the application, a petition for easement vacation was submitted with the Owner providing consent and support for the application.
Surrounding Land Use(s):
PROCESS
The LUDC outlines review criteria upon which a decision should be made. An ordinance must be approved by City Council. City staff collects and analyzes application materials and, after a thorough review, presents their findings to the City Council.
The LUDC outlines that the vacation process applies to any public rights-of-way or easements that were dedicated to the City by plat and are proposed to revert to private ownership. As such, Staff and the City Council should use the Review Criteria outlined in the LUDC Section 2.13 B.
CRITERIA BY WHICH CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
PROPOSED VACATION:
The Property is currently zoned C-2 for Restricted Retail and Service uses. In order to allow maximum flexibility for commercial development, the Applicant proposes to vacate a portion of the existing 10’ utility and drainage easement.
LAND USE & DEVELOPMENT CODE:
The City Council in making its decision shall use the following criteria (Section 2.13 B.):
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.
There are no existing utility lines in the easement and the vacation would not impact any public infrastructure. The vacation of this easement does not impact the goals and policies of the Comprehensive Plan or Transportation Master Plan.
2. The right-of-way or easement is not necessary to meet any of the purposes, intent, design objectives or standards of this code.
The Brighton Ridge Subdivision Filing No.1 Final Plat details infrastructure improvements associated with phase 1 of the development. These improvements include the extension of Gateway Street to South Platte Valley Avenue. In addition to the roadway extension, phase 1 will also extend water and sewer lines adjacent to the Property along Gateway Street. Permits for phase 1 infrastructure are currently in review by staff. As future development will be served by utility lines within right-of-way, there is no public purpose for the Easement.
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.
The Property is part of the overall Brighton Ridge development which includes a mix of commercial and residential uses. The Brighton Ridge Subdivision Plan outlined the utility plan for the overall development. As outlined in the plan, the Property will be served by utility lines located in adjacent right-of-way. The vacation of this Easement will not impact the City’s ability to serve the Property or the overall development.
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 property in the area. The site is currently undeveloped and surrounded by primarily vacant land. This easement has not been utilized for any utility lines and as such, will not impact adjacent property. Future utility lines located within right-of-way will better serve the future development of this property.
5. The vacation meets all other requirements of the Colorado Statutes, the Colorado Constitution, and the Brighton City Charter.
The proposal has not been found to 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. Note: A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
On January 22nd, a notification was published on the City’s website. City staff will be publishing agenda item information on Facebook and NextDoor in the days leading up to the meeting.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Easement Vacation is in compliance with the requirements as outlined in approval criteria in Section 2.13 B. Review Criteria, of the LUDC and, therefore, recommends approval of the Brighton Ridge Subdivision Filing No. 1 Easement 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 Easement Vacation application. The City Council may:
1.) Approve the Easement Vacation Ordinance as drafted;
2.) Modify the Easement Vacation Ordinance;
3.) Deny the Easement Vacation Ordinance with specific findings to justify the denial, or;
4.) Continue the item to be heard at a later, specified date if the City Council feels it needs more information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
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
● Easement Vacation by Applicant
● Website Notification
● Website Notification Proof
● Draft Staff Presentation