HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2010 - SECOND READING OF ORDINANCE NO. 070, 2010, VACATIN DATE: June 15, 2010 AGENDA ITEM SUMMARY
STAFF: Susan Joy F FORTCOLLINSCOUNCIL AM
Second Reading of Ordinance No.070,2010,Vacating a Portion of Right-of-way as Dedicated on the Plat of Richard's
Lake PUD, Filing One.
EXECUTIVE SUMMARY
Prior development proposals dedicated street networks on Hearthfire PUD,First Filing and Richard's Lake PUD,Filing
One. Since that time,a development proposal entitled Water's Edge has been submitted that shows a different street
layout than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no
longer necessary and is proposed for vacation at this time. This Ordinance, unanimously adopted on First Reading
on June 1,2010,vacates a portion of the right-of-way as dedicated on plat of Richard's Lake PUD, Filing One, located
south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Hearthfire PUD, First Filing is
proposed under a separate ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-June 1, 2010
(w/o attachments)
ATTACHMENT 1
DATE: June 1, 2010 AGENDA ITEM SUMMARY
STAFF: Susan Joy FORT COLLINSCOUNCIL
SUIIJECT
First Reading of Ordinance No. 070, 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat of Richard's
Lake PUD, Filing One.
EXECUTIVE SUMMARY X-1. /7
This site is located south of Douglas Road and west of Tu 5nberry Lane. Prior�development proposals dedicated street
networks on Hearthfire PUD, First Filing andd)Rich`ard sake PUD, Filing One. A Planning and Zoning Board hearing
was held on January 18, 2007, for a development proposal entitled Water slEdge that shows.a different street layout
than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no longer
necessary and is proposed for vacation at this time. The right-of-way vacation on Hearthfire PUD, First Filing is
proposed under a separate ordinance.
BACKGROUND / DISCUSSION
Richard's Lake PUD, Filing One was approved in 2001 and several of the phases of the project were built, but the
public infrastructure for the area for which-We�vacation is,proposed'was\n\t constructed within the three-year vested
period. Thus any remaining development for the site needed to be,resubrriitted and approved in accordance with
current codes and standards. Water's Edge is(the development•proposal that was submitted for this area and the
proposed layout requires a portion ofNthieexisting riightsj f-ay to be vacated to accommodate the new layout.
This vacation is the first step in making it possible for the property to be replatted. At the time that the replat is
approved, the easements for access/utilities, etc. will be vacated by the planning hearing authority (Planning and
Zoning Board or Hearing Officer) and new rights-of-way will be dedicated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH cr_,�9 cn� P y
All public and private utilities have been notified of the proposed vacation and they report no objections, provided
portions of the areas proposed to be vacated are retained as emergency access, access, drainage and utility
easements.
ATTACHMENTS
1. Location map
ORDINANCE NO. 070, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
ON THE PLAT OF RICHARD'S LAKE PUD, FILING ONE
WHEREAS, the plat of Richard's Lake PUD, Filing One included dedication to the
public of right-of-way for Moonlight Court, Moonlight Drive, Morningstar Way, Waxwing
Lane, Waterside Way, Charter Place, Brightwater Drive, Parkside Drive, Spyglass Court, and
Fleet Drive; and
WHEREAS, the Planning and Zoning Board has considered an application for approval
of a project development plan (PDP) for a project entitled "Water's Edge," which PDP plan
replats said property and rights-of-way; and
WHEREAS, the approval of Water's Edge necessitates the vacation of certain portions of
the original rights-of-way that were dedicated on the plat of Richard's Lake PUD, Filing One,
which portions are more particularly described on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS, the replatting of the land for the Water's Edge PDP cannot proceed until the
existing rights-of-way have been vacated by the City Council; and
WHEREAS, upon approval of the replat, the approving authority under the Land Use
Code will vacate all easements not needed for the future development of Water's Edge; and
WHEREAS, the portions of the rights-of-way to be vacated by this ordinance are no
longer necessary or desirable for street purposes due to the approval of Water's Edge which does
not use the same street layout as Richard's Lake PUD, Filing One; and
WHEREAS, pertinent City°agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation, as long as easements for drainage,
utility, and access purposes, including emergency access, are reserved to the City; 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 right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portions of street right-of-way more particularly described on Exhibit
"A" are hereby vacated, abated and abolished, reserving to the City the property described on
Exhibits "B" and "C," attached hereto and incorporated herein by this reference, as access
easements including, without limitation, emergency access, and also reserving to the City the
property described on Exhibit "D," attached hereto and incorporated herein by this reference, as
drainage and utility easements.
Introduced, considered favorably on first reading, and ordered published this 1 st day of
June, A.D. 2010, and to be presented for final passage on the 15 ay of June, A.D. 2010.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk