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Douglas County approves vacation of portion of Cottonwood Avenue after split deliberation
Summary
After extended deliberation about pedestrian access, safety and whether vacating would confer a private benefit, the Douglas County Board approved vacating the eastern portion of Cottonwood Avenue (project SB2026‑004) with staff conditions; one commissioner recorded opposition on the record.
The Douglas County Board of County Commissioners voted on April 27, 2026, to approve a request to vacate the easternmost portion of Cottonwood Avenue — roughly 0.45 acres of unused right of way in Grandview Estates (project SB2026‑004). The parcel had never been improved as a road and abuts a Metro District tract used for drainage and utilities.
Jeanette Baer, speaking for Community Development, explained the parcel's history, mapping and prior related vacations (Birch Avenue, 2020), and said the Metro District has indicated that the adjacent tract (Tract B) is intended for drainage and utilities and is not intended for public access. The planning commission recommended approval by a vote of 5–0; the planning commission hearing had one public speaker in opposition.
John Kaufman, one of the applicants, told the board he and a neighbor want to incorporate the strip to provide driveway access to the rear of their lots; he said the area has seen misuse such as informal e‑motorcycle trails and that he would not install a gate and would not purposefully prevent pedestrian access. Grandview resident Ken Ramsey testified in opposition, saying the area has been used for walking, horseback riding and watching fireworks and urged the county to sell or allow the neighborhood the opportunity to acquire the land rather than vacate it without compensation: "I oppose this vacation," he said.
Commissioners debated whether the right of way is a "road to nowhere" or an ad hoc trail providing neighborhood access to Chaparral High School. Some commissioners said the parcel appears largely unused by students and residents and that the Grandview Estates HOA did not take a position; others said vacating could confer a special benefit to the adjacent landowners and worried about losing potential future public access. The county attorney advised the board that the vacation authority is provided under state and county regulations and that the land‑disposal process (including sale/compensation) would be separate.
A motion to deny the vacation was made and failed. A subsequent motion to approve the vacation with two staff conditions passed; one commissioner registered opposition on the record. The board and staff noted that vacating the right of way does not itself transfer title to adjacent owners — any land disposal or sale would require separate actions and processes.
The board approved the vacation with conditions and directed staff to follow standard recordation procedures.
