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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2012 - SECOND READING OF ORDINANCE NO. 106, 2012, VACATINDATE: October 16, 2012 STAFF: Marc Virata AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 106, 2012, Vacating the City’s Interest in the Streets Known as Daisy Street and Columbine Street. EXECUTIVE SUMMARY Daisy Street and Columbine Street are located between City Park Avenue and Bluebell Street, north of Plum Street. The property that both Daisy Street and Columbine Street serve is currently going through the development review process and is in the stages of final review. All lots adjacent to these two short street stubs have been included within the District at Campus West development proposal. This Ordinance, unanimously adopted on First Reading on October 2, 2012, will vacate the public right-of-way to allow the parcels and the streets to be replatted to accommodate the multifamily development. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - October 2, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: October 2, 2012 STAFF: Marc Virata AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 106, 2012, Vacating the City’s Interest in the Streets Known as Daisy Street and Columbine Street. EXECUTIVE SUMMARY Daisy Street and Columbine Street have existed since 1956. The City has not found any record that would indicate that the street right-of-way has been dedicated to the City by plat or separate document, but the City believes that under the doctrine of “common law dedication” it is the legitimate owner of the streets. The roads are improved with curb, sidewalk and asphalt and have been maintained by the City. All lots adjacent to these two short street stubs have been included within the District at Campus West development proposal that was approved by administrative hearing on May 7, 2012 and upheld on July 17, 2012 after an appeal to overturn the approval of the administrative hearing of said project was heard at City Council. The property owner of the adjacent lots (the District at Campus West developer) has requested that Daisy Street and Columbine Streets be vacated to allow the parcels and the streets to be replatted to accommodate the multifamily development. 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 the City 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 connection with this proposal, and based on comments received; the City Engineer has recommended that the vacation be approved. All public and private utilities have been notified of the proposed vacation and they report no objections to the vacation. BACKGROUND / DISCUSSION The property that both Daisy Street and Columbine Street serve is currently going through the development review process and is in the stages of final review. The proposed development does not need the public streets and adequate access to the parking garage will be provided by a driveway off of the adjacent public street (Plum Street). Because there are existing homes that take access off of these roadways (the existing homes will be removed with the development), and the need to vacate Daisy Street and Columbine Street is only needed if the development project proceeds forward, the Ordinance has provisions in which the vacation of the right-of-way does not become effective until it is recorded and such recordation should occur at the same time as the subdivision plat is recorded. FINANCIAL / ECONOMIC IMPACTS If the roads are vacated the City will no longer be responsible for the maintenance of these two short streets. As such they can be eliminated from the City’s maintenance program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted departments. ATTACHMENTS 1. Location map ORDINANCE NO. 106, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING THE CITY’S INTEREST IN THE STREETS KNOWN AS DAISY STREET AND COLUMBINE STREET WHEREAS, over the years, the City has recognized Daisy Street and Columbine Street as streets belonging to the City even though they have not actually been dedicated to the City as rights-of-way; and WHEREAS, because of the City’s long recognition of Daisy Street and Columbine Street as streets belonging to the City, the City believes that a “common law dedication” of the rights- of-way for Daisy Street and Columbine Street has occurred and that the City has thereby acquired an ownership interest that can be the legitimate subject of a vacation ordinance; and WHEREAS, Fort Collins Student Housing, LLC has requested that the City vacate the rights-of-way for Daisy and Columbine Streets in connection with its application for approval of The District at Campus West PDP; and WHEREAS, said rights-of-way are 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, emergency 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 rights-of-way; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective; and WHEREAS, conditions should be included in this Ordinance in order to ensure that the vacation of the foregoing streets occurs only if The District at Campus West PDP is developed in a timely manner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Daisy Street and Columbine Street 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, reserving the same unto the City as an access, emergency access, drainage, and utility easements; provided, however, 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 that development known as “The District at Campus West”; and (3) if this Ordinance is not so recorded by August 21, 2015, then this Ordinance shall become null and void and of no force and effect. Introduced, considered favorably on first reading, and ordered published this 2nd day of October, A.D. 2012, and to be presented for final passage on the 16th day of October, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk