HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 116, 2006, VACATING ITEM NUMBER: 28
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Marc Virata
SUBJECT
First Reading of Ordinance No. 116,2006,Vacating an Alley Right-of-way on Block 33 Established
as Part of the 1873 Map of the Town of Fort Collins.
RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This Ordinance authorizes the vacation of an alley right-of-way located north of Maple Street,west
of North Mason Street,in Block 33. A pedestrian spine linear park is proposed through the middle
of the block where the right-of-way is located. The right-of-way is no longer needed, but access,
drainage, and utility easement will be retained.
BACKGROUND
In 1873, by an order of the Board of County Commissioners of Larimer County, the Town of Fort
Collins was incorporated. In its order, the Board of County Commissioners also established the
Town Map, which included an alley on Block 33 of the Town of Fort Collins. Presently the City
owns the entire block;Ordinance No.77,2005 authorized entering into an agreement to sell portions
of Block 33 to Penny Flats, LLC in order to facilitate a proposed project on Block 33. The
agreement was fully executed on February 24, 2006 with the "Option Agreement for Purchase and
Sale of Real Property". Penny Flats, LLC has submitted the mixed-use project, known as Penny
Flats on Block 33, and obtained approval of the development plan on March 10, 2006. Presently,
Penny Flats is under final plan review.
The development plan for Penny Flats specifies a pedestrian spine linear park running north-south
bisecting the middle of the block where the alley right-of-way and adjacent Howes Street
Stormwater Outfall are located. In addition to the pedestrian spine being a design component of the
Penny Flats development, implementation of the pedestrian spine is outlined as a key component
of the City's Civic Center Master Plan. With the development plan limiting the use to pedestrians
and no longer specifying the use of the alley for vehicular purposes,both City staff and Penny Flats,
LLC do not find a benefit in retaining the alley as public right-of-way. Furthermore, the
development proposal calls for structures such as address kiosks within the area proposed for
vacation, which, if kept as a right-of-way, would be prohibited as specified under Section 23-46 of
the City Code unless Penny Flats, LLC initiated an encroachment permit application to the City.
All public and private utilities have been notified of the proposed vacation and they report no
objections, provided the area is retained as an access, drainage, and utility easement.
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ORDINANCE NO. 116, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING AN ALLEY RIGHT-OF-WAY ON BLOCK 33
ESTABLISHED AS PART OF THE 1873 MAP OF THE TOWN OF FORT COLLINS
WHEREAS, in 1873 by an order of the Board of County Commissioners of Latimer
County, the Town of Fort Collins was incorporated; and
WHEREAS, in its order the Board of County Commissioners also established the Town
Map, which included an alley on Block 33 of the Town of Fort Collins; and
WHEREAS, the City Council has received a request to vacate this alley; and
WHEREAS, said portion of alley right-of-way is no longer necessary or desirable to
retain for street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation, provided that an access, drainage, and utility
easement be reserved unto the City; 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 right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portion of alley right-of-way, more particularly described on Exhibit
"A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and
abolished,reserving the same unto the City as an access, drainage, and utility easement.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006.
ATTEST: Mayor
City Clerk
Passed and adopted on final reading on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
The alley lying within Block 33 of the
Original Plat of the Town of Fort Collins
a