To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, P.E. Director of Development Services
TJ Kucewesky, Development Services Manager
Title
Ordinance Vacating a Portion of Jerry Street Located in the Northwest Quarter of Section 11, Township 8 South, Range 67 West, of the 6th Principal Meridian, Town of Castle Rock (Second Reading - Approved on First Reading on December 21, 2021, by a vote 4-3) [located at the corner of Jerry Street and 6th Street]
Body
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Executive Summary
TREANOR INVESTMENTS LLC & DOUGLAS COUNTY PROPERTIES LLC & ROCK VIEW HOLDINGS LLC, ET AL (the “Applicant”) is proposing the construction of “The View” mixed use development. Upon the completion of the property line survey for the project, the applicant determined that Jerry Street Right of Way (“ROW”) was not uniform along their frontage. In order to construct the building as designed, the Applicant is requesting a 15-foot-wide ROW vacation for approximately 150 feet along the southern portion of Jerry Street.
The platted ROW for Jerry Street separates Block 3 and 4 of the Town of Castle Rock Plat. On the southern portion of Jerry Street, the ROW is platted at 80 feet wide. To the north of this area, the platted ROW width was reduced to 50 feet due to a previous ROW vacation in 1973. The ROW Vacation request is for the easterly 15 feet of Jerry Street, from Sixth Street (the south property line of Lot 7, Block 3, Town of Castle Rock plat) extending north 150 feet) to the south property line of Lot 10, Block 3, Town of Castle Rock plat.
Proposed Jerry Street ROW Vacation
The proposed vacation provides for a consistent ROW line on the east side of Jerry Street and allows for The View to construct the necessary improvements for their project. Therefore, it is proposed that the Town vacate this 15 ft x 150 ft section of Jerry Street, as legally defined in Exhibit 1. Staff recommends approval of the application.
Discussion
Existing Conditions
Currently, Jerry Street consists of an 80-foot-wide right-of-way from Sixth Street north for 150 feet. At that point, the Jerry Street ROW narrows to 50 feet wide, due to a previous ROW vacation, and continues north at this narrower width. Jerry Street is an improved roadway owned by the Town of Castle Rock. Improvements for The View will remove the existing improvements within the proposed vacation area, which will be reconstructed per the approved Site Development Plan, with elements that include new sidewalk, curb, gutter and parking spaces. There is an existing chain-link fence that encroaches into the ROW as it exists today. A temporary access and utility easement will be maintained over the vacated portion of ROW until the plat is completed and will further define the easements required for pedestrian access and dry utility providers. The Town has no active utilities located in the proposed vacation area. Dry utility providers reviewed the proposed ROW Vacation and had no comments or concerns with the vacation and the proposed access and utility easement.
Public Notice and External Referrals
• Public Notice: The ROW vacation was noticed in accordance with the Town of Castle Rock Municipal Code.
• External Referrals: Requests for external comments were sent to the various utility service providers and Douglas County Government. All comments have been acknowledged and addressed, if required, by Town staff.
Analysis of Review and Approval Criteria
Staff analyzed the proposed ROW vacation according to the following review criteria and made the following findings:
• Public Works’ Transportation Master Plan does not include plans to expand Jerry Street, nor has staff identified any additional reasons to utilize this 80-foot-wide ROW. A blanket temporary easement for access and utilities shall be maintained over the property. Therefore, the vacation of the right-of-way is acceptable.
• The ROW vacation promotes careful planning to accommodate the needs of existing and future residents while preserving and protecting the Town’s identity and quality of life. As such, the ROW vacation complies with:
- The Transportation Master Plan
- The Vision 2030/Comprehensive Master Plan
- The Vacated Property is hereby vacated pursuant to the authority granted by Section 43-2-303(1)(a), C.R.S.
Budget Impact
The proposed ROW vacation will not generate revenue nor impact fees.
Recommendation
Based on the analysis and findings outlined in this report, staff recommends that the Town Council approve this ROW vacation.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
“I move to approve the ordinance as introduced by title, with the following conditions: (list conditions).”
“I move to continue this item to the Town Council meeting on (date) to allow additional time to (list information needed).
Attachments
Attachment A: Ordinance
Exhibit 1: Vacated Property