Adams County delays decision on E 64 Avenue roadway vacation after residents raise access, drainage and emergency‑access concerns

The Adams County Board of County Commissioners on May 20 continued a decision on VAC‑2024‑2, a request to vacate a portion of E 64 Avenue near Kiowa Creek in central Adams County, after public comment raised questions about access rights, drainage and emergency access. The board set a date‑certain continuance for July 8 and entered an executive session for legal advice before resuming the public hearing.

Staff presentation: David Aduboski of Community and Economic Development told the board the vacation request covers a portion of county right‑of‑way used informally and that staff had determined the proposed vacation would not create nonconforming lots and that adjoining owners have agreed to a private maintenance easement. Staff recommended approval, noting the segment “dead ends” at Kiowa Creek and staff found no immediate impediment to vacation because properties retain alternative access.

Public concerns: Multiple residents who live along the subject segment told the board they have maintained the unpaved roadway for decades and sought the vacation so they can limit trespass, unauthorized camping and theft. Applicant Deborah Tocek said she and neighbors had dedicated 40 feet to the county decades ago for road access but separately built and maintained the road themselves; she said the neighbors want the road private to address repeated trespass and security incidents. Several residents described intermittent vehicle and foot traffic and urged the board to allow them to formalize private control.

An adjacent landowner and representative for Martin Marietta, however, asked the board to delay action. Julie Michalis, senior land manager for Martin Marietta, told the board the company and an adjacent mine operator have recorded and unrecorded easements that could depend on the public right‑of‑way; she said losing the secondary access point would be “significant” for future operations and asked to be included in any agreement.

Emergency access and technical details: Public Works staff (Ian Cortez) told the board that if future owners seek to re‑dedicate the segment to the county they would need to petition and build the roadway to county standards; Cortez also described the Kiowa Creek channel and flood‑plain constraints that make an immediate county connection unlikely. Bennett Fire expressed concern in comments and said it prefers to maintain public right‑of‑way for safety; staff and neighbors discussed lockbox or remote access for emergency responders as part of a private maintenance arrangement.

Board action and next steps: After hearing testimony and taking legal advice in executive session, the board voted to continue VAC‑2024‑2 to a date certain of July 8, 2025, to allow time for additional documentation, inclusion of affected property owners and resolution of utility and emergency‑access details. The continuation passed 5–0.

Why it matters: The case highlights common county planning trade‑offs in outlying areas — balancing long‑time residents’ desire to limit trespass and formalize private maintenance against industrial and public safety concerns about future access, drainage and recorded easements. Staff advised the board the creek and floodplain complicate any near‑term roadway connection that would return the right‑of‑way to county maintenance.

What was requested: The applicant sought vacation of part of E 64 Avenue (VAC‑2024‑2). Staff recommended approval with findings; several adjacent owners and Martin Marietta requested more time to clarify access easements and emergency access procedures.

Board vote: Motion to continue VAC‑2024‑2 to July 8, 2025 — passed 5–0.