Staff withdraws Old Town alley-vacation petition after residents raise title, access and utility concerns

Planning staff withdrew a petition to vacate an Old Town alley and the Planning Commission took no action after extensive public comment and staff review showed conflicting historical records and potential access and utility impacts.

Public works staff member Jay said the department reviewed the town’s land-use code criteria for alley vacations and, after further internal discussion, recommended withdrawing the petition. Scott, a town staff member, summarized research into historical plats and records; staff found a 1976 annexation ordinance that referenced a 20-foot alley and later plats (1987/1988) that also depicted the alley in whole or in part. Staff concluded the alley likely remains an existing town right-of-way under state statute and recommended pausing the vacation request to resolve property-owner concerns.

Multiple residents spoke during public comment. Greg Rosing said county recording entries for nearby lots include the alley in their legal descriptions and that older records have been lost or damaged. Laurie Miller (Del Miller Estate Trust) asked whether the 1975 alleged vacate remains in force and requested clearer documentation from the town. Chris and Sandy Alberico described an easement and utilities that run perpendicular to the platted alley, expressing concern their property could become landlocked or lose vehicular access if the alley were removed.

Staff acknowledged the confusion and said the town would not immediately improve or clear encroachments from the alley; rather, staff will honor existing utility and access easements and work with property owners. Caroline (town staff) and Town Attorney Carolyn Stiefel summarized the records staff located, including the 1976 ordinance and plats indicating the alley, and cited the Colorado Revised Statutes language that streets and rights-of-way shown on plats are public property under state law. Scott said the withdrawal does not preclude future consideration and that a piecemeal petition from a single property owner could be brought later, but staff preferred a comprehensive town review rather than separate, piecemeal vacate requests.

Outcome: The petition was withdrawn by staff; there was no vote by the commission. Staff offered to meet with affected property owners to clarify records and to explore options to preserve access and utility easements if the alley’s status changes.