Title
Ordinance No. 25-03 vacating a portion of the public alley consisting of 0.166 acres located at the northeast corner of Columbine Place and Windsor Avenue.
(Legislative)
Located in Council District 5
Presenter:
Logan Hubble, Planner II, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Owner: Tara Custom Homes
Developer: Tara Custom Homes
Representative: David Mijares, Catamount Engineering
Location: Northeast of the Columbine Place and Windsor Avenue intersection
The applicant, who owns the adjacent property to the north, is requesting to vacate an unused public right-of-way. The right-of-way to be vacated does not contain an active roadway.
Background:
The proposed vacation of City right-of-way requests to vacate an unimproved alley within South Range View Subdivision. The 30’ right-of-way is undeveloped and contains a recorded utility easement, which will be reserved (refer to Attachment 1 - Project Statement). The City has not yet received a related application for proposed development on an adjacent parcel.
The application review process included two agency review cycles. All agency comments have been addressed.
The proposal is consistent with the review criteria and procedures of UDC Section 7.5.522 and is well-aligned with PlanCOS, the City’s Comprehensive Plan. This right-of-way vacation would promote increased infill, a goal of PlanCOS. The adjacent land is zoned R-1 6 (Single-Family - Medium), so the proposed transfer of this land area from public to private ownership will not impact land use patterns for this area, which has been defined as a Changing Neighborhood on the PlanCOS Vision Map.
For the above reasons, Staff finds the proposed right-of-way vacation to be in substantial compliance with PlanCOS and the review criteria of UDC Section 7.5.522.
Review Criteria:
The review criteria for Vacation Plats as set forth in UDC Section 7.5.522 are noted below.
City Council shall approve the application only if it complies with the following criteria:
(1) The right-of-way is no longer needed for public transportation purposes;
(2) The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes;
(3) The vacation will not adversely impact the uniform width of the remaining portions of the public right-of-way along the block frontage for which vacation is sought;
(4) Access to lots or properties surrounding the public right-of-way will not be adversely affected; and
(5) The vacation is consistent with the purpose of this UDC.
Staff finds that the proposed application meets the above criteria.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
According to Section 7.5.522 of the City Code, a request to vacate right-of-way is placed directly onto a City Council agenda for action after review by the administration. No review by a board or commission is required.
Stakeholder Process:
A poster was placed on site and postcards were sent out to all property owners within 1,000’ during the initial review period and prior to the City Council hearing. Three comments were received in opposition to the proposal. The citizens all had questions regarding future development on the applicant’s property to the north. One did not want the land vacated, as it could lead to more traffic on Columbine Rd once the applicant’s parcel is developed (refer to Attachment 2 - Neighbor Comments). The applicant provide a response to the public comments (refer to Attachment 3 - Neighbor Comments Response).
The applications were sent to the standard internal and external agencies for review and comment. Review comments received have been addressed. Internal review agencies for this project included City Traffic Engineering, City Engineering, City Fire Department, Colorado Springs Utilities, Enumerations, and Real Estate Services. The City Planning Department’s licensed surveyor also reviewed the application.
Alternatives:
N/A
Recommended Action
Proposed Motion:
Adopt Ordinance No. 25-03 vacating the portions of the public right-of-way consisting of 0.166 acres located at the northeast corner of Columbine Place and Windsor Avenue based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.522.
Should the City Council wish to deny the right-of-way vacation application, the following motion is suggested:
Deny an ordinance vacating the portions of the public right-of-way consisting of 0.166 acres located at the northeast corner of Columbine Place and Windsor Avenue based upon the findings that the request does not comply with the criteria as set forth in City Code Section 7.5.522.
Summary of Ordinance Language
An ordinance vacating a portion of a public alley located at the northeast corner of Columbine Place and Windsor Avenue consisting of 0.166 acres