A. The findings and conclusions of the Planning Commission making a recommendation that the subdivision, or any part thereof, should be modified, replatted, or vacated, or all or part of the lands within the subdivision dedicated to public use should be vacated shall be transmitted in written form to the Town Council, which shall consider the matter at a public hearing. Notice of the hearing shall be given as required in PMC 15.01.225; in addition, however, notice shall be given to the holders of any security interest, mortgage, deed of trust, or lien of record against the property. The Town shall make a good faith attempt to give notice to any utility or other entity using rights-of-way or easements which appear on the plat of the subdivision. A copy of the notice of hearing shall also be recorded with the Garfield County Clerk and Recorder.

B. Nothing in this article shall prohibit the voluntary application by the owner of an interest in lands within an undeveloped, abandoned or nonconforming subdivision to seek voluntary vacation of all or part of said subdivision. In the event a petition to vacate a subdivision is presented to the Town Council, signed by the owners of record of the property and the holders of all valid security interests, the additional notice requirements in subsection (A) of this section shall not apply.

C. At the hearing, the Town Council shall hear evidence and testimony from any interested person regarding the status of the subdivision and if the Town Council determines the subdivision is undeveloped, abandoned or nonconforming, shall determine the most appropriate means to bring the subdivision into compliance with law.

D. Any action taken by the Town Council to modify, replat, or vacate the subdivision shall be by ordinance. In the event the subdivision is a planned unit development, and the plan must be released, removed or modified, the ordinance shall contain the findings of fact required by § 24-67-106(3), C.R.S.

E. The vacation of any subdivision, or any part thereof, and of all or any part of the lands within the subdivision dedicated for public use, shall be conducted according to the applicable law and this chapter. In no event shall the Town Council vacate any easement, right-of-way or roadway if doing so would jeopardize the rights of the public or any public utility. The vacation of lands dedicated for park land purposes, which have not been used for such purposes since subdivision approval, shall not be considered a sale or conveyance. (Ord. 711 §1 (Exh. A), 2017; Amended Ord. 757 §2, 2019)