Title
Ordinance No. 25-68 vacating a portion of public right-of-way known as Holly Avenue and First Street consisting of approximately 2.13 acres located northwest of the intersection at First Street and Lake Avenue.
(Legislative) (Second Reading and Public Hearing).
Council District # 3
Presenter:
Ethan Shafer, Urban Planner II, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Summary:
Owner: The Broadmoor
Developer: N/A
Representative: Ann Odom, N.E.S. Inc.
Location: Northwest of the intersection at First Street and Lake Avenue
This request is on behalf of Ann Odom with N.E.S Inc., representing Jack Damioli of the Broadmoor, whose organization is an owner of the adjacent parcels abutting the subject section of Holly Avenue and First Street. The request is to vacate 2.133 acres of right-of-way located northwest of the intersection at First Street and Lake Avenue.
Background:
The proposed vacation of City-owned right-of-way involves approximately 2.13 acres, including portions of Holly Avenue and First Street, located north of Lake Avenue and east of the main Broadmoor campus. First Street extends north from Lake Avenue, then curves northwest and becomes Holly Avenue, which terminates at property owned by The Broadmoor Hotel.
The purpose of this application is to improve control over access and parking along this segment. The Broadmoor has faced ongoing issues with large vehicles parking along the roadway, obstructing truck access to its loading docks. As a public right-of-way, the road limits the hotel’s ability to manage these disruptions.
Over the past year, The Broadmoor has obtained monthly road closure permits from the City’s Public Works Department to help regulate parking and access. This proposed vacation offers a permanent solution. The existing drive aisle will remain in place, and The Broadmoor will dedicate easements to ensure continued emergency vehicle access and maintenance of existing drainage and utility infrastructure.
The application review process consisted of four agency review cycles and was initially submitted on February 21, 2025. The primary concern of agency reviewers was the need for dedicated easements over the whole area being proposed for vacation to allow for public access, drainage, improvement and utility infrastructure. This concern has been satisfied by an easement dedicated via the vacation plat. The primary concerns raised by the neighborhood, as documented in Exhibit D, centered on three key issues:
1. Potential connectivity - the possibility that The Broadmoor could remove existing physical barriers, creating a connection between the vacated portions of Holly Avenue and First Street and the surrounding residential streets: First Street, Maple Avenue, and Elm Avenue.
2. Increased commercial traffic - concerns that such a connection could lead to more commercial vehicles traveling through these residential areas.
3. Loss of protections - fears that the community would lose the safeguards established under the Broadmoor Hall Development Plan, as outlined in the March 5, 2004 memorandum (Exhibit F).
After reviewing these concerns, The Broadmoor engaged with community members, subsequently garnered public comments in support of the project (Exhibit G), and responded to public feedback in a letter included in Exhibit F. Additionally, a plat note was added to Exhibit B, stating: “No creation of vehicular or pedestrian connection will be allowed from the vacated portions of Holly Avenue and 1st Street to the public rights-of-way of Hazel Avenue, 1st Street, Maple Avenue, or Elm Avenue.”
Based on these actions, staff believes the community’s concerns have been adequately addressed.
Review Criteria:
The review criteria for Vacation Plats as set forth in City Code Section 7.5.522 (UDC) 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 and Staff finds that the proposed application meets the review criteria.
Staff finds that the proposed application meets the above criteria.
Previous Council Action:
Denial of AR V 05-00495, a request by Broadmoor Development Company on behalf of Broadmoor Hotel, Inc., for approval of the vacation of portions of Elm Avenue, First Street, Holly Avenue, Hazel Avenue, and adjacent right-of-way consisting of 2.44 acres located northeast of Lake Avenue and Lake Circle.
Further information regarding the denial and context of AR V 05-00495 can be found in Exhibit F.
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.
Proposed Motions:
Adopt Ordinance No. 25-68 vacating a portion of public right-of-way known as Holly Avenue and First Street consisting of approximately 2.13 acres located northwest of the intersection at First Street and Lake Avenue, based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.703.
Summary of Ordinance Language
An ordinance vacating a portion of public right-of-way known as Holly Avenue and First Street consisting of approximately 2.13 acres located northwest of the intersection of First Street and Lake Avenue.