Title
Ordinance No. 25-76 vacating a portion of public right-of-way consisting of approximately .09 acres located adjacent to 1904 Glenn Street and 806 N. Nineteenth Street. (Legislative)
Council District #3.
Presenter:
Drew Foxx, Planner II, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Owner: Housepurchase LLC
Representative: Kimley-Horn & Associates
Location: Between 1904 Glenn Street and 806 N Nineteenth Street
This request is on behalf of Housepurchase LLC, owner of 1904 Glenn Street, requesting to vacate a portion of Glenn Street right-of-way.
Background:
The Applicant has proposed the vacation of a portion of an alley to facilitate eventual redevelopment of the adjacent lot addressed as 1904 Glenn Street. The alley has one point of access going east from Columbine Avenue and is surrounded on the north and south sides by 1904 Glenn Street. The alley intersects itself and continues to the north to a vacated portion that is now part of a platted lot (864 N Nineteenth Street) and also continues to the south where it dead ends at the northern boundary of 1902 Glenn Street. The alley’s second point of access was vacated in 2023 under City File No. SUBD-22-0113 to accommodate development directly north (see Attachment 1_LK Adams Vacation Plat).
The right-of-way is no longer needed for public transportation purposes as the alley way has only one point of access off of Columbine Avenue and includes a dead end at the north and south sections preventing through traffic. Furthermore, the northern portion of this alley was approved by City Council for a vacation of right of way and has since been vacated by a separate instrument.
The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes. Colorado Springs Utilities observed the existence of underground utilities and had no objections (See Attachment 2_Utility Plan). Stormwater Engineering observed no drainage easements or stormwater infrastructure within the alley way and had no objections.
The vacation will not adversely impact the uniform width of the remaining portions of the public right-of-way as the portion of the alley way requested to be vacated is the only remaining remnant. Once this portion of the alley way has been vacated, the entirety of the once existing alley way will no longer exist. This vacation will not adversely impact the uniform width of the adjacent public street (Columbine Avenue).
The proposed alleyway vacation will not adversely affect access to the surrounding properties. The surrounding property owners have been notified of this vacation request and have consented to the vacation of the alleyway (see Attachment 3_Adjacent Property Owner Acknowledgement)
For the above reasons, Staff finds the proposed right-of-way vacation to be in compliance with the purpose of the Unified Development Code and applicable review criteria.
Previous Council Action:
In 2023 City Council approved Ord. #23-22 vacating the northern portion of this same alley.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
According to Section 7.5.522.C.5.a 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:
The public notification process consisted of providing notice to adjacent property owners within 1,000 feet of the site, which included the mailing of postcards to 286 property owners on two (2) occasions; during the internal review stage and prior to the City Council hearing. The site was also posted during the two occasions noted above. City Planning staff received four written comments for the proposed alley vacation inquiring about the intention of the vacation plat application. It has been explained in a response letter from the applicant that the intention is to facilitate eventual redevelopment of 1904 Glenn Street. No opposition has been received to this proposal.
Staff sent the vacation plat application to the standard internal and external review agencies for comments. Commenting agencies included Colorado Springs Fire Department, City Engineering, Stormwater Enterprise, City Traffic Engineering, and Colorado Springs Utilities. City Planning staff notes that the following review agencies provided the following comments:
• City Fire - The City Fire Department (CSFD) had no issues with the vacation as requested.
• City Engineering - The City Engineering Development Review Division (EDR) had no comments on this item.
• City Traffic - The City’s Traffic Engineering Division had no comments on this item.
• SWENT -Stormwater Enterprise Division (SWENT) in their review of the application had no issues with the vacation as requested.
• CSU - Colorado Springs Utilities (CSU) in their review of the application had no issues with the vacation as requested.
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, Stormwater Enterprise, City Fire Department and Police/E-911, Colorado Springs Utilities, City Surveyor, Real Estate Services, Public Works, and Enumerations. All review comments received have been addressed by the applicant.
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 Ordinance No. 25-76 vacating portions of a public right-of-way consisting of approximately .09 acres located adjacent to 1904 Glenn Street and 806 N. Nineteenth Street based upon the finding that the application complies with the review criteria in City Code Section 7.5.522.
Summary of Ordinance Language
An ordinance vacating a portion of public right-of-way consisting of approximately .09 acres located adjacent to 1904 Glenn Street and 806 N. Nineteenth Street.