7 - Informational Item - Vacation of a sidewalk easement adjacent to the Holiday Neighborhood develoMEMORANDUM
TO . Planning Board
FROM : Peter Pollock, Director
Mike Randall, Planner
DATE : January 16, 2003
SUBJECT: Informational Item - Vacation of a sidewalk easement adjacent to the
Holiday Neighborhood development (LUR2003-00005}
BACKGROUND:
The subject request is for vacating a portion of an easemant located on the south side of
Lee Hil] Road, on a part of the Holiday Neighborhood site called North Court/Naropa
(see Attachment A). The city staff has reviewed the technical documents For the
construction of public improvements in the Holiday Neighborhood subdivision being
developed by Boulder Housing Partners (BHP). The proposed design of the sidewalk
between Lee Hill Road and the North Court residences requires that the existing sidewalk
be removed, BHP will install a new sidewalk which will not occupy the entire easement.
Therefare the unused portion of the easement, 6 Feet, should be vacated.
ANALYSIS:
City Council adopted the following guidelines for the vacation of public-rights-of-way
and public access easements in Section 8-6-9, B.R.C., 1981.
1. It is presumed that easements or rights-of-way were originally acquired or
dedicated for a valid purpose. Applicants seeking to vacate said portions of
properties bear the burden to show that the change is not contrary to the public
interest.
The original easement was acquired in order to install sidewalk along the south
side of Lee Hill Road; the sidewalk was installed and exists today. However, with
the approval and construction of the Holiday Neighborhood public improvements
a portion of the sidewalk easement is no longer needed since a new sidewalk,
conforming to the design standards of the city, will be constructed within
remaining easement by the owner BHP.
2. All agencies and departments having a conceivable interest in the easement or
right-of-way must indicate that no need exists, either at the present or conceivable
in the future, to retain the property as an easement or right-of-way, either for its
original purpose or for some public purpose.
City staff has reviewed the proposed vacation and has determined that there is no
need for this portion of the sidewalk easement in the present or future. The new
sidewalk will be built within the remaining part of the easement and adjacent right
of way.
3. The applicant must demonstrate, consistent with the Boulder Valley
Comprehensive Plan and the ciry's Land Use Regulations...that the vacation of
the easement or right-of-way would actually provide a greater public benefit than
retaining the property in its present status.
The design of the new sidewalk will conform with the Site Review approved by
the Planning Board on October 11, 2001.
RECOMMENDATION
Staff will recommend that the request be approved and has prepared an Ordinance
vacating the subject easement for consideration by the City Council. No action is
required by the Planning Board.
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