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 ...
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