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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2021 - FIRST READING OF ORDINANCE NO. 131, 2021, VACATINGItem # 13 Page 1 AGENDA ITEM SUMMARY Agenda Item 14 October 5, 2021 City Council STAFF Marc Virata, Civil Engineer Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 131, 2021, Vacating Portions of Stuart Street Right -of-Way, and Vacating All of Alabaster Court and Coromandel Circle Rights-of-Way, all as Dedicated on The Pulse P.U.D. Filing One. EXECUTIVE SUMMARY The purpose of this item is to vacate portions of Stuart Street right-of-way and vacate all Alabaster Court and Coromandel Circle rights-of-way that were originally intended to be built in connection with the Pulse P.U.D. Filing One development. Pulse P.U.D. Filing One would have extended Stuart Street from its current termination west of Shields Street into its development but was never constr ucted and has since expired. With the approval of The Quarry by Watermark project in place of Pulse P.U.D. Filing One, private roadways instead of public streets would be constructed, no longer requiring the street rights -of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Stuart Street east of Shields Street along with Alabaster Court and Coromandel Circle are public street rights - of-way that were dedicated with the Pulse P.U.D. Filing One. These rights-of-way were dedicated with the intention of establishing a public street system east of Shields Street on the Pulse P.U.D. Filing One property but were never constructed. In June of 2021, the Planning and Zoning Commission approved The Quarry by Watermark Project Development Plan which would supersede the Pulse P.U.D. Filing One subdivision. The Quarry by Watermark provides for private roadways through the site instead of the public street system previously provided. The Planning Commission approved The Quarry by Watermark with the condition that subsequent vacation of Stuart Street, Alabaster, and Coromandel Circle rights-of-way be approved by Council. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of The Quarry by Watermark final plan and based on comments received, the Planning Development and Transportation Director recommends that the vacation be approved. The plat for The Quarry by Watermark will dedicate easements for existing and proposed utilities, along with easements for access and emergency access in conformance with its development plan. The vacation ordinance is not effective until it is recorded, and it will be recorded concurrently with the subdivision plat for The Quarry. Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS The vacation of public street rights -of-way and establishing of a private roadway system in The Quarry by Watermark reduces the overall road way maintenance liability to the City. BOARD / COMMISSION RECOMMENDATION In June of 2021, the Planning and Zoning Commission approved The Quarry by Watermark with the condition that subsequent vacation of Stuart Street, Alabaster, and Coromandel Circle rights-of-way be approved by Council. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and Poudre Fire Authority and no objection was received. In addition, the development plan for The Quarry by Watermark in going through the development review process depicting the vacation of street rights -of-way had two neighborhood meetings along with the Planning and Zoning Commission hearing. -1- ORDINANCE NO. 131, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF STUART STREET RIGHT-OF-WAY, AND VACATING ALL OF ALABASTER COURT AND COROMANDEL CIRCLE RIGHTS-OF-WAY, ALL AS DEDICATED ON THE PULSE P.U.D. FILING ONE WHEREAS, the previously approved Pulse P.U.D. Filing One subdivision plat dedicated Stuart Street, Alabaster Court, and Coromandel Circle rights-of-way internal to the subdivision; and WHEREAS, the Pulse P.U.D. Filing One development plan has expired without being constructed but said rights-of-way remain dedicated to the City; and WHEREAS, a project development plan on the Pulse P.U.D. Filing One property known as The Quarry by Watermark (PDP#200019) was reviewed and approved on June 17, 2021, by the Planning and Zoning Commission with the condition that subsequent vacation of Stuart Street, Alabaster Court, and Coromandel Circle rights-of-way on the property be approved by City Council; and WHEREAS, a final plan for The Quarry by Watermark (FDP#210016) has been submitted to the City; and WHEREAS, The Quarry by Watermark, as approved by the Planning and Zoning Board establishes private roadways that do not utilize the dedicated Stuart Street, Alabaster Court, and Coromandel Circle rights-of-way and are no longer needed to construct The Quarry by Watermark as approved; and WHEREAS, the final plat for The Quarry by Watermark will dedicate easements for existing and proposed utilities, along with easements for emergency access in conformance with its development plan; and WHEREAS, the City and the owner of the site, North Spring Creek, LLC, have requested that the City vacate that portion of the undeveloped right-of-way legally described on Exhibit “A” and shown on the map in Exhibit “B” attached hereto and incorporated herein; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, and emergency service providers and no objection to the proposed vacation has been received; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning, Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the rights-of-way for a portion of Stuart Street, and all of Alabaster Court and Coromandel Circle more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein are no longer needed for right-of-way purposes, and that it is in the public interest to vacate said rights-of-way. Section 3. That the portion of Stuart Street and all of Alabaster Court and Coromandel Circle rights-of-way more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein by this reference are hereby vacated, abated and abolished provided that: (1) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (2) this Ordinance shall be recorded concurrently with the subdivision plat for The Quarry by Watermark (FDP#210016); and (3) if this Ordinance is not so recorded by October 1, 2024, then this Ordinance shall become null and void and of no further force and effect. Section. 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with Colorado Revised Statutes Section 43-2-302. Introduced, considered favorably on first reading, and ordered published this 5th day of October, A.D. 2021, and to be presented for final passage on the 19th day of October, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk -3- Passed and adopted on final reading on the 19th day of October, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk FORT COLLINS: 301 North Howes Street, Suite 100, 80521 | 970.221.4158 GREELEY: 820 8th Street, 80631 | 970.395.9880 | WEB: www.northernengineering.com DESCRIPTION: A portion of Stuart Street and all of Coromandel Circle and Alabaster Court right-of-way dedicated per Pulse P.U.D. Filing One being recorded at Reception No. 87043454, Larimer County Clerk and Recorder being more particularly described as follows: Considering the West line of Tract A, Pulse P.U.D. Filing One as bearing North 00° 01' 52" East and with all bearings contained herein relative thereto: BEGINNING at the Southwest corner of Tract A, Pulse P.U.D. Filing One, thence along the Northerly and Westerly right-of-way of Stuart Street the following 9 courses and distances: thence, South 89° 58' 08" East, 142.24 feet; thence along a curve concave to the Northwest having a central angle of 24° 30' 00" with a radius of 335.26 feet, an arc length of 143.36 feet and the chord of which bears North 77° 46' 52" East, 142.27 feet; thence, North 65° 31' 52" East, 141.06 feet; thence along a curve concave to the Southeast having a central angle of 16° 42' 00" with a radius of 573.00 feet, an arc length of 167.01 feet and the chord of which bears North 73° 52' 52" East, 166.42 feet; thence, North 82° 13' 52" East, 53.55 feet; thence along a curve concave to the West having a central angle of 134° 51' 40" with a radius of 138.00 feet, an arc length of 324.82 feet and the chord of which bears North 14° 48' 02" East, 254.86 feet; thence, North 52° 37' 48" West, 53.23 feet; thence along a curve concave to the Northeast having a central angle of 27° 50' 38" with a radius of 227.00 feet, an arc length of 110.31 feet and the chord of which bears North 38° 42' 29" West, 109.23 feet; thence North 24° 47' 08" West, 48.37 feet to the Southerly line of that tract of land recorded at Reception No. 20200015505; thence along said Southerly line and along a curve concave to the Northwest having a central angle of 52° 27' 38" with a radius of 61.42 feet, an arc length of 56.24 feet and the chord of which bears North 59° 15' 37" East, 54.29 feet to the Easterly right-of-way line of Stuart Street; thence along said Easterly line the following 2 courses and distances: South 24° 47' 08" East, 54.00 feet; along a curve concave to the Northeast having a central angle of 12° 50' 25" with a radius of 173.00 feet, an arc length of 38.77 feet and the chord of which bears South 31° 12' 22" East, 38.69 feet to the Northerly right-of-way line of Coromandel Circle; thence along the Northerly and Easterly right-of-way line of Coromandel Circle the following 3 courses and distances: thence along a curve concave to the North having a central angle of 128° 15' 05" with a radius of 15.00 feet, an arc length of 33.58 feet and the chord of which bears North 78° 14' 53" East, 26.99 feet; thence along a curve concave to the Southwest having a central angle of 232° 45' 05" with a radius of 41.00 feet, an arc length of 166.55 feet and the chord of which bears South 49° 30' 07" East, 73.46 feet; thence along a curve concave to the East having a central angle of 117° 49' 35" with a radius of 15.00 feet, an arc length of 30.85 feet and the chord of which bears South 07° 57' 37" West, 25.69 feet to said Easterly right-of-way line of Stuart Street; thence along said Easterly line and along a curve concave to the West having a central angle of 77° 39' 12" with a radius of 192.00 feet, an arc length of 260.22 feet and the chord of which bears South 12° 07' 34" East, 240.75 feet to the Northerly right-of-way line of Alabaster Court; thence along the Northerly, Easterly and Southerly right-of-way lines of Alabaster Court the following 7 courses and Page 1 of 3 EXHIBIT A distances: thence along a curve concave to the East having a central angle of 78° 17' 41" with a radius of 15.00 feet, an arc length of 20.50 feet and the chord of which bears South 12° 26' 49" East, 18.94 feet; thence, South 51° 35' 40" East, 24.07 feet; thence along a curve concave to the Northeast having a central angle of 32° 12' 15" with a radius of 50.00 feet, an arc length of 28.10 feet and the chord of which bears South 67° 41' 47" East, 27.74 feet; thence along a curve concave to the Northwest having a central angle of 244° 24' 30" with a radius of 41.00 feet, an arc length of 174.90 feet and the chord of which bears South 38° 24' 20" West, 69.38 feet; thence along a curve concave to the Southwest having a central angle of 32° 12' 15" with a radius of 50.00 feet, an arc length of 28.10 feet and the chord of which bears North 35° 29' 32" West, 27.74 feet; thence, North 51° 35' 40" West, 24.07 feet; thence along a curve concave to the South having a central angle of 78° 17' 32" with a radius of 15.00 feet, an arc length of 20.50 feet and the chord of which bears South 89° 15' 34" West, 18.94 feet to the Southerly right-of-way line of Stuart Street; thence along said Southerly line the following 7 courses and distances: along a curve concave to the Northwest having a central angle of 32° 07' 04" with a radius of 192.00 feet, an arc length of 107.63 feet and the chord of which bears South 66° 10' 20" West, 106.22 feet; thence, South 82° 13' 52" West, 53.55 feet; thence along a curve concave to the Southeast having a central angle of 16° 42' 00" with a radius of 519.00 feet, an arc length of 151.27 feet and the chord of which bears South 73° 52' 52" West, 150.74 feet; thence, South 65° 31' 52" West, 141.06 feet; thence along a curve concave to the Northwest having a central angle of 24° 30' 00" with a radius of 544.74 feet, an arc length of 232.93 feet and the chord of which bears South 77° 46' 52" West, 231.16 feet; thence, North 89° 58' 08" West, 77.76 feet; thence along a curve concave to the South having a central angle of 31° 20' 23" with a radius of 25.00 feet, an arc length of 13.67 feet and the chord of which bears South 74° 21' 41" West, 13.50 feet; thence departing said Southerly line, North 05° 09' 14" East, 72.80 feet to the Northerly right-of-way line of Stuart Street; thence along said Northerly line and along a curve concave to the North having a central angle of 15° 04' 36" with a radius of 25.00 feet, an arc length of 6.58 feet and the chord of which bears South 82° 25' 50" East, 6.56 feet to the POINT OF BEGINNING. The above described parcel contains 83,721 square feet, or 1.922 acres, more or less, and may be subject to easements and rights-of-way now on record or existing. LMS September 13, 2021 S:\Survey Jobs\1791-001\Dwg\Exhibits\1791-001 Right-of-way Vacation Description.docx Page 2 of 3 EXHIBIT A CURVE TABLECURVEC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20DELTA24°30'00"16°42'00"134°51'40"27°50'38"52°27'38"12°50'25"128°15'05"232°45'05"117°49'35"77°39'12"78°17'41"32°12'15"244°24'30"32°12'15"78°17'32"32°07'04"16°42'00"24°30'00"31°20'23"15°04'36"RADIUS335.26'573.00'138.00'227.00'61.42'173.00'15.00'41.00'15.00'192.00'15.00'50.00'41.00'50.00'15.00'192.00'519.00'544.74'25.00'25.00'LENGTH143.36'167.01'324.82'110.31'56.24'38.77'33.58'166.55'30.85'260.22'20.50'28.10'174.90'28.10'20.50'107.63'151.27'232.93'13.67'6.58'BEARINGN77°46'52"EN73°52'52"EN14°48'02"EN38°42'29"WN59°15'37"ES31°12'22"EN78°14'53"ES49°30'07"ES07°57'37"WS12°07'34"ES12°26'49"ES67°41'47"ES38°24'20"WN35°29'32"WS89°15'34"WS66°10'20"WS73°52'52"WS77°46'52"WS74°21'41"WS82°25'50"ECHORD142.27'166.42'254.86'109.23'54.29'38.69'26.99'73.46'25.69'240.75'18.94'27.74'69.38'27.74'18.94'106.22'150.74'231.16'13.50'6.56'TRAC T B PULSE P U D FILING O N E HOBBIT ST.STUART STREETSTUART STREETAREA83,721 sq. ft.1.922 ac.C5L6C6 C7C8C9C 1 0 C11L7C12C13C14L8C15C16L9C17L10C18L11C19L12C20L1C1L2C2L3C3L4C 4L5 LINE TABLELINEL1L2L3L4L5L6LENGTH142.24'141.06'53.55'53.23'48.37'54.00'BEARINGS89° 58' 08"EN65° 31' 52"EN82° 13' 52"EN52° 37' 48"WN24° 47' 08"WS24° 47' 08"ELINE TABLELINEL7L8L9L10L11L12LENGTH24.07'24.07'53.55'141.06'77.76'72.80'BEARINGS51° 35' 40"EN51° 35' 40"WS82° 13' 52"WS65° 31' 52"WN89° 58' 08"WN05° 09' 14"EALABASTERCOURTCOROMANDELCIRCLETRACT APULSE PUDFILING ONETRACT BPULSE PUDFILING ONEN00°01'52"EWEST LINE OF TRACT ABASIS OF BEARINGSREC. NO.20200015505REC. NO.20200015505EHTRONRNPHONE: 970.221.4158www.northernengineering.comFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631NOTE: THIS EXHIBIT IS NOT INTENDED TO BE AMONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS AGRAPHIC REPRESENTATION TO AID IN THE VISUALIZATIONOF THE WRITTEN PROPERTY DESCRIPTION WHICH ITACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTIONSUPERCEDES THE EXHIBIT DRAWING.PAGE 3 OF 3EXHIBITRIGHT-OF-WAY TO BE VACATED LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADOPOINT OF BEGINNINGSW CORNER TRACT AS:\Survey Jobs\1791-001\Dwg\Exhibits\1791-001 ROW Vacation Exhibit.dwg, 9/13/2021 1:56:53 PM, 1:1EXHIBIT A College AvenueFoothills Parkway right-of-way vacation Stuart Street, Coromandel Circle, and Alabaster Court right-of-way vacation N050100150ft Stanford Drive (off the page)Area of vacationCollege Avenue SHIELDS STREETSHIELDS STREETCoCoCooooCooCoCooCoCCCCCCCCCCClllllllllllllllllllllegegegegegegegeggggggggeee eeeeeeevvAvAvAvvvAvvvvvvvAvvAvvvvvAvvvvvAvvAvvAAvvAvAvvAAAvAvAvAvAvAAAAAAAAAAAAAAAAAAAAAAAAAnennenennneneeeeeeeeeueueueeeeueueeuuFoFoootototoothhhiiiihhhiiiiihlllllllls s s PaParkrkkrkkkwawwayy ririghghghghgttt-ofoffoofff------wwawwawwwwwwyy vavaacacccatitionon ataaaaataataStatatttttttttStttStttttStStStStStSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSfoooooooooooooooooooooofofofoffffofffffffffffffffnfffffffnfnfnfnnnnnndd d drddddrddrdrrriiiiiiiiiDririiDriirrrDrDrDrDrDrDrDrDrrDrDrDrDrDrDrDrDrDrrrDrDrrrDrDDDDDDDDDDDDDDDDDDDDDDDDeve ve ve eeveve ve veveeevvvvvof(ofof(of(of(ofofofff(of(off(offfoffffffffffffff(offf(off((o(oo(o((oo((oo(o(o(o(((((((((((((((((ttftfttttttttfttttttttttfttttttttfttftfttttfffffffffffffffff f ffffffffffffffffffffffffffeeeeeeeeeeeeeeeheeeeeheheheheeheheehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhggggggggggggggggggagaggggggggggggggagagggagagaggaaaaaaaaaaaaaaaapappppppppppppe))))e))))))))e)))))))e)e))e)))e)eeeeeeeeeeeeeeeeeeeeeeeeeeCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCoooooooooooooooooooooooooooooooooooooolllllllllllllllllllllllllllllllllllllllllllllllleeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeegggggggggggggggggggggggggggggggggggggggggggggggggggggggeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvveeeeeeeeeeeeeeeeeeeeeeeeeeeeeennnnnnnnnnnnnnnnnnuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuueeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SHSHSHHHHHHSSSEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEIIILDDDDDLDDDDLLLLLLLLLLLS SS S S SSSSSSTSTSTTTTTTTTTTTTSTTTTSTSTSTTTTTTSTSTSTTTSTTSTTTSTSTSSEEEEEEREREREEEREEEREREEREREREEEEEREREEEEEERERERERERRRRRRRRRETETETETTETETETETETETETTEEESHSHSHSHHSHSHHSHSIEEEEIEIEIEEEEIEELDLDDLDDLDLDLDLDDDLDLDLDLDDDLDDDDDDLLSSSSSSSSSSSSSSSSSSSSSSSSSSTSTSTTSTSTSTSTTTTSTSTTSTSTTSTTSSSSSSSREREREREREREERRRETETETTTTTTTTTETETTTTETTETTTTTTTETTTTTESTUART STREETSTUART STREETSHIELDS STREETHOBBIT STREET COROMANDEL CIRCLE ALABASTER COURT EXHIBIT B