To: Honorable Mayor and Members of Town Council
From: Judy Hostetler, Real Property Specialist
Title
Ordinance: Vacating a Portion of Atrium Drive within the Proposed Promenade at Castle Rock Planned Development Plan; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading)
Body
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Executive Summary
This ordinance was approved on first reading on March 17, 2015, with a vote of 7-0 and no changes. Second reading was continued from July 7, 2015 to July 21, 2015. The applicant has requested this Ordinance be approved on an emergency basis on second and final reading in order for subsequent land use approvals to be granted at the earliest possible time.
The purpose and intent of this report is to provide information for Town Council consideration regarding the proposed ordinance (Attachment B) to vacate a portion of Atrium Drive. The developer will replace the vacated street with extensions of Castlegate Drive West and Atrium Way
(Attachment C) and will relocate all existing utilities lying within the vacated area when Promenade at Castle Rock is developed. The current access will remain in place until these streets are constructed. If the right-of-way is vacated, ownership of the property will transfer from the Town to the adjacent private property owner, Promenade Castle Rock, LLC.
The proposed vacation area (Attachment A) is 70 feet wide, 2.888 acres in area, and located northwest of the Outlet Mall, north of Lowe’s and south of the Pines Apartments.
Staff recommends approval of the proposed right-of-way vacation.
Key Issues
The key issues related to this application include the following:
• Maintenance of public access via the existing right-of-way until the new streets are constructed; and
• Relocation of the existing utilities lying within the proposed vacation area.
Budget Impact
No budget impact. The Town does not receive any compensation for vacating right-of-way. All new streets will be constructed by the developer, and the relocation of existing utilities will be at the expense of the developer as well.
Staff Recommendation
Staff recommends that Town Council approve the proposed right-of-way vacation based on findings that the proposal:
• Is supported by the goals and objectives of the Vision 2020 and the 2020 Comprehensive Master Plan;
• Is consistent with the proposed Promenade at Castle Rock Planned Development Plan, which anticipates the removal of this portion of Atrium Drive and the extensions of Castlegate Drive West and Atrium Way; and
• Provides for a temporary public access easement over the portion of Atrium Drive to be vacated and the relocation of existing utilities lying within the vacation area.
Proposed Motion
I move to approve this Ordinance, as introduced by title.
Attachments
Staff Report
Attachment A: Map
Attachment B: Ordinance
Attachment C: Right-of-way Drawing
Attachment D: Proposed Planned Development Plan