Planning Commission Meeting
Regular Meeting - CANCELLED
Agenda item 2 of 3
∙ Case: VAC-2022-474
Fairview Glen Vacation of Easements
Consider a request by Five Star Homes and Development Inc. to vacate all easements as identified on the Birks Blue Estates subdivision plat as granted to the public by Reception Number 1263633 with the exception of all easements located within Lot 30. -- THIS ITEM TO BE RESCHEDULED TO A FUTURE HEARING DATE
Files
Development Application
( 7.06 MB )
Staff Report
( 0.16 MB )
Site Maps
( 1.26 MB )
Draft Resolution
( 0.25 MB )
Vacation of Public Right-of-Way or Easement
Each decision maker will follow the criteria below when voting on this item.
Per Section 21.02.050(o) of the Zoning and Development Code, before an easement or street right-of-way vacation is approved, the following determinations shall be made:
(A) The Director shall decide on any request for the vacation of an easement created for a temporary purpose, granted to the City by a separate instrument, and not dedicated on a plat or map.
(B) The Planning Commission shall recommend to and the City Council shall decide on all other request in light of the following criteria:
a. The vacation is in conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans and policies of the City;
b. No parcel shall be landlocked as a result of the vacation;
c. Access to any parcel shall not be restricted to the point where access is unreasonable, economically prohibitive, or reduces or devalues any property affected by the proposed vacation;
d. There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced, including, but not limited to, police and fire protection and utility services;
e. The provision of adequate public facilities and services to any property as required in GJMC 21.05.020 shall not be inhibited by the proposed vacation; and
f. The proposal shall not hinder public and City functions.
(C) Vacation of a right-of-way shall be accomplished by the passing of an ordinance by the City Council. Vacation of an easement shall be accomplished by resolution of the City Council.
(B) The Planning Commission shall recommend to and the City Council shall decide on all other request in light of the following criteria:
a. The vacation is in conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans and policies of the City;
b. No parcel shall be landlocked as a result of the vacation;
c. Access to any parcel shall not be restricted to the point where access is unreasonable, economically prohibitive, or reduces or devalues any property affected by the proposed vacation;
d. There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced, including, but not limited to, police and fire protection and utility services;
e. The provision of adequate public facilities and services to any property as required in GJMC 21.05.020 shall not be inhibited by the proposed vacation; and
f. The proposal shall not hinder public and City functions.
(C) Vacation of a right-of-way shall be accomplished by the passing of an ordinance by the City Council. Vacation of an easement shall be accomplished by resolution of the City Council.
Public Comments
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