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Trustees open discussion on vacating alley north of Capital Street; direct staff to continue outreach

2259345 · January 14, 2025
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Summary

Town staff and trustees debated whether to vacate a 25-foot alley north of Capital Street between Second and Third streets at the request of a church developer. No vacation decision was made; trustees asked staff to keep working with the church and neighbors and to preserve pedestrian access and ditch easement provisions.

Carbondale trustees spent the meeting reviewing a developer request to vacate a paper alley north of Capital Street that runs parallel to Silvers Avenue between Second and Third streets, but did not decide to abandon the right-of-way.

Town planner Kevin (last name not specified in the transcript) told the board the alley appears on a 1970 plat but “has never been developed as an alley,” and he called it “a dead end” that currently serves little public function. Developer representatives said the church that owns adjacent parcels is studying redevelopment options and needs clarity on whether the alley would remain dedicated public right-of-way.

The discussion centered on three practical options staff laid out: keep the alley as currently dedicated, retain the town’s portion and extend it in the future, or vacate the recorded alley and allocate the land to adjacent owners under state statute procedures. Staff stressed that a formal vacation would not occur mid-process; any change would follow replatting and development approvals and would be implemented only after the project was complete.

Speakers pressed several substantive details. Trustee Jess asked staff to clarify which parcels abut the alley and whether a northern shed sits partly within the alley. Planner Kevin said the shed currently sits in the dedicated portion and that “if we say we’re going to vacate the alley, we would effectively be giving that shed to the Methodist church property,” although he noted the shed might predate the plat. Kevin also said the recorded alley runs roughly 200 feet of an overall 363-foot block and is about 25 feet wide.

Trustees and the project team discussed drainage: the feature described as a ditch appears to run through the alley footprint. Kevin and developer representatives said the town would need to retain a ditch easement and maintenance access regardless of whether the alley is vacated; the ditch could be left open or piped, and any piped system would require access points for maintenance.

Several trustees emphasized neighbors’ notice and public input. Trustee Colin told the board that some adjacent residents were unaware the matter was on the agenda and urged that staff complete neighborhood outreach before any final decision. Trustee Ross urged caution and said he was “reluctant to say, yeah, let’s go ahead and vacate the property before we know what’s proposed.” Other trustees said the alley is currently unused by the public and could be repurposed if redevelopment produced a public benefit.

No ordinance or resolution was introduced and there was no formal vote to vacate. The trustees asked staff to continue working with the church and its consultants, consult with neighbors, preserve or provide for pedestrian connectivity through any future design, and protect a ditch/maintenance easement. Staff said they would return with more detailed options and survey information if the church pursues a proposal.

The conversation included a reminder from staff that state statute governs how towns return dedicated rights-of-way that are no longer used for a public purpose; any vacation would follow that statutory process and won’t happen until replatting and development approvals are complete.

Trustees closed the item by asking staff to keep the public process open, to vet options that retain pedestrian connectivity, and to work with the applicant on possible design approaches that avoid negative impacts to surrounding parcels.