Title
Ordinance No. 23-28 vacating a remaining portion of a public right-of-way known as Country Lane No. 2 consisting of 4,807 square feet located between 7529 Rustic Lane and 7629 Rustic Lane.
(Legislative)
Presenter:
Gabe Sevigny, Planning Supervisor, Planning and Community Development
Peter Wysocki, AICP, Planning Director, Planning and Community Development
Body
Summary:
Owner: Village at Cottonwood Creek, LLC
Developer: N/A
Representative: Cory Rutz
Location: A portion of Country Lane located between 7529 Rustic Lane and 7629 Rustic Lane
This request is on behalf of Village at Cottonwood Creek, owner of the adjacent parcels, requesting to vacate the portion of Country Lane No. 2 right-of-way through where Rustic lane is located. The ROW to be vacated has no active roadway for public use.
Background:
The proposed vacation of right-of-way will not adversely affect the surrounding properties, as there is no active public roadway being vacated with this request. Furthermore, the northern and southern portions of Country Lane have already been vacated by a separate instrument. The current configuration overlaps a portion of Rustic Lane, which is currently owned and maintained by CDOT (Colorado Department of Transportation).
The applicant has held meetings and are in agreement with CDOT that portions of Rustic Lane could go through a process of disposition with that department in order to remove portions of Rustic Lane (see attachment “To Be Removed”). However, the applicant is required to provide an east to west connection from Tutt Boulevard to the remaining portion of Rustic lane to the west (see attachment “To Be Provided”). The connection must be constructed and accepted by the City of Colorado Springs prior to the disposition process with CDOT. This process will require a development plan approval and final plat approval for the portions north of the current configuration of Rustic Lane.
Once the disposition is completed by the applicant and CDOT, a further development plan and final plat would be required for approval prior to any land disturbance for the current configuration of Rustic Lane and to the south.
The proposal is consistent with the review criteria and procedures of City Code Section 7.7.402 and is well aligned with PlanCOS, the City’s Comprehensive Plan. The property is located within the Powerwood 2 Master Plan area, the proposed vacated right-of-way is consistent and in alignment with this plan as there are still requirements for additional right-of-way to be dedicated with future final plats.
For the above reasons, Staff finds the proposed right-of-way vacation to be in substantial compliance with PlanCOS and the review criteria of city code and recommends approval.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
According to Section 7.7.402.B.2 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:
Following the application submittal, 19 postcards were sent to all property owners within a 1,000-foot radius of the subject area. In addition to postcards, a poster was placed on the property from for the required 10-day posting period, from February 20th through March 1st. Public comments were limited and only two correspondence were received regarding this application, no concerns were raised. One email requested to be added to an email chain to be updated for the ongoing project, another voicemail was received advising as to a possible incorrect posting of the poster. This was verified by the applicant that the poster was placed on site for the required posting period.
The applications were sent to the standard internal and external agencies for review and comment. Internal review agencies for this project included City Traffic, City Engineering, City Parks, City Fire Department and Police/E-911, Colorado Springs Utilities, City Surveyor. Review comments received have been addressed in subsequent submittals, except for a few remaining technical comments from the City Surveyor, which are being addressed in the current review. Internal review agencies for this project included the City Surveyor, City Traffic, City Engineering, City Parks, City Fire Department and Police/E-911, Colorado Springs Utilities, and Stormwater Enterprise.
Alternatives:
1. Approve the application.
2. Deny the application; or
3. Refer the application back to staff for further consideration.
Recommended Action
Proposed Motion:
Adopt an ordinance vacating portions of a public right-of-way consisting of 4,807 square feet of Country Lane No. 2 based upon the finding that the application complies with the review criteria in City Code Section 7.7.402.C.
Summary of Ordinance Language
An ordinance vacating portions of a public right-of-way known as Country Lane No. 2 consisting of 4,807 square feet located between 7529 Rustic Lane and 7629 Rustic Lane.