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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - SECOND READING OF ORDINANCE NO. 023, 2004, VACATIN ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Katie Moore SUBJECT Second Reading of Ordinance No. 023, 2004, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of Fossil Creek Meadows, First Filing. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This site is located east of College Avenue,just north and south of Fossil Creek Parkway. It was a County development proposal that dedicated the streets as shown and laid out on the Fossil Creek Meadows, First Filing plat. Fossil Creek Parkway was built, but the Frontage Road was not. The dedicated right-of-way was annexed into the City when the parcel was annexed in 1985. Since that time a development proposal, Discount Tire at Fossil Creek, for which an Administrative Hearing was held on October 7, 2003, was submitted and shows that Fossil Creek Parkway was constructed slightly different than was originally platted. The plat approved at the Administrative Hearing proposes vacating portions of right-of-way along Fossil Creek Parkway that are no longer needed and dedicating portions which are needed due to the location in which it was constructed. The plat for Discount Tire at Fossil Creek also proposes the vacation of a portion of the right-of-way dedicated for a frontage road for College Avenue. The frontage road is no longer needed, but a portion of right-of-way needed for the expansion of College Avenue will be retained by the City, with the remainder proposed for vacation. Ordinance No. 023, 2004, was unanimously adopted on First Reading on February 3, 2004. ORDINANCE NO. 023, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF THE RIGHTS-OF-WAY AS DEDICATED ON THE PLAT OF FOSSIL CREEK MEADOWS, FIRST FILING WHEREAS, the plat of Fossil Creek Meadows, First Filing included dedication to the public of rights-of-way for Fossil Creek Parkway and Frontage Road for College Avenue; and WHEREAS, the Administrative Hearing Officer has approved an application for a project development plan (PDP) for a project entitled "Discount Tire at Fossil Creek", which PDP replats said property and rights-of-way; and WHEREAS, the approval of Discount Tire at Fossil Creek PDP necessitates the vacation of portions of the original rights-of-way dedicated on the plat of Fossil Creek Meadows, First Filing which portions are more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, said portions of rights-of-way are no longer necessary or desirable to retain for street purposes due to the approval of Discount Tire at Fossil Creek PDP which modifies said street layouts; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portions of street rights-of-way, more particularly described on Exhibit "A", are hereby vacated, abated and abolished. Introduced and considered favorably on first reading and ordered published this 3rd day of February, A.D. 2004, and to be presented for final passage on the 17th day of February, A.D. 2004. L� Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of February, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: February 3, 2004 FORT COLLINS CITY COUNCIL STAFF: Katie Moore SUBJECT First Reading of Ordinance No. 023, 2004, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of Fossil Creek Meadows,FirspTiljig. - 7 RECOMMENDATION a " Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This site is located east of College,Avenue, 'ust north and south of Fossil Creek Parkway. It was a County development proposal thafd cat e th str t's�' stlT\wn and laid out on the Fossil Creek Meadows, First Filing 0ilat. Fo 1 Cre . P kway w3s.built, but the Frontage Road was not. The dedicated right-of-t6, was nexe ' into the Cit ' hen the parcel was annexed in 1985. Since that time a development proposal,-biscount rre at Fossil Creek, for which an Administrative Hearing was held on October 7, 2003, was submitted and shows that Fossil Creek Parkway was constructed slightly different than was originally platted. The plat approved at the Administrative Hearing proposes vacating portions of right-of-way along Fossil Creek Parkway that are no longer needed and dedicating portions which are needed due to the location in which it was constructed. The plat for Discount Tire at Fossil Creek also proposes the vacation of a portion of the right-of-way dedicated for a frontage road for College Avenue. The frontage road is no longer needed, but a portion of right-of-way needed for the expansion of College Avenue will be retained by the City, with the,F majnd prq&ose,d for-,vacation. All public and private utilities have been noti df'the proposed vacation and they report no objections. _ „�