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.
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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.
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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
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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