HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2010 - SECOND READING OF ORDINANCE NO. 071, 2010, VACATIN DATE: June 15, 2010 AGENDA ITEM SUMMARY
STAFF: Susan Joy FORT COLLINSCOUNCIL
Second Reading of Ordinance No.071,2010,Vacating a Portion of Right-of-way as Dedicated on the Platof Hearthfire
PUD, First Filing.
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 the plat of Hearthfire PUD, First Filing, located
south of Douglas Road and west of Turnberry Lane. The right-of-way vacation on Richard's Lake 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
E
: June 1, 2010 'F: Susan Joy FORT COLLINSCOUNCIL
First Reading of Ordinance No. 071, 2010,Vacating a Portion of Right-of-way as Dedicated on the Plat of Hearthfire
PUD, First Filing.
EXECUTIVE SUMMARY T\ /7
This site is located south of Douglas Road and west of Tu rnber�ry:L-ane. Priorldevelopment proposals dedicated street
networks on Hearthfire PUD, First F�li`g J d Ric`arJsyLake PUD, Filing One. Since that time a development
proposal,Water's Edge,forwhich a Planning and Zorimg'Board hearing wasiheld on January 18,2007,was submitted
which shows a different street layout than was originally platted. Therefore,a portion of the previously dedicated right-
of-way for the streets are no longer necessary and are proposed for vacation at this time.
BACKGROUND / DISCUSSION
Waxwing Lane was originally intended to connect two neighborhoods, Hearthfire and Richard's Lake. A portion of the
street was constructed to Hearthfire's property line with the intention that the rest of the street would be built when the
Richard's Lake subdivision was built. However, Richards LakePUD, Filing One never constructed the portion on its
property. With the reconfiguration of(he streets(under the�Wate dge%\development, Waxwing Lane will no longer
connect the two neighborhoods. Waxwing Lane will no longer-need to be extended as originally proposed and the
developer of Water's Edge will remove-,,t portion of the constructed with Hearthfire between Barn Swallow
Circle and the eastern property line.Th right-of-way vava ations on Richard's Lake PUD, Filing One is proposed under
a separate ordinance. ,
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 Ordin7 ance o Fir df g�.
PUBLIC OUTREACH
The adjacent property owners have been notified of the proposed vacation and they report no objection to the vacation.
All public and private utilities have been notified of the proposed vacation and they report no objections, provided the
area is retained as an emergency access, access, drainage and utility easement.
ATTACHMENTS
1. Location map
ORDINANCE NO. 071, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
ON THE PLAT OF HEARTHFIRE P.U.D., FIRST FILING
WHEREAS, the plat of Hearthfire P.U.D., First Filing included dedication to the public
of right-of-way for Waxwing Lane; and
WHEREAS, the Planning and Zoning Board has considered an application for approval
of a project development plan (PDP) for a project entitled "Waters Edge", which PDP plan does
not extend Waxwing Lane past Barn Swallow Circle; and
WHEREAS, the approval of Waters Edge necessitates the vacation of certain portions of
Waxwing Lane that were dedicated on the plat of Hearthfire P.U.D., First Filing 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 are no longer necessary or
desirable to retain for street purposes due to the approval of Water's Edge which does not use
said street layout; 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 the same unto the City as easements for
drainage, utilities and access purposes, including, without limitation, emergency access.
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 y of June, A.D. 2010.
May •
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk