HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2013 - FIRST READING OF ORDINANCE NO. 174, 2013, VACATINGAgenda Item 26
Item # 26 Page 1
AGENDA ITEM SUMMARY December 17, 2013
City Council
THIS ITEM HAS BEEN POSTPONED TO JANUARY 14, 2014
STAFF
Marc Virata, Civil Engineer
SUBJECT
First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College
Avenue and Mathews Street, and Vacating a Portion of Mathews Street.
EXECUTIVE SUMMARY
The proposed Ordinance vacates the right-of-way for the remaining public street portion of Foothills
Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street
intersecting Foothills Parkway. This would make Foothills Parkway a private drive from College Avenue to
Stanford Road (as the portion of Foothills Parkway from Mathews Street to Stanford Road was previously
vacated in 1988). Easements for access, emergency access, drainage, utilities, and transit will be
retained in order to allow these uses within the vacated right-of-way in conjunction with the
redevelopment of the Foothills Mall.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Foothills Parkway was originally built and dedicated as a public street from College Avenue to Stanford
Road with the development of the Foothills Fashion Mall (now known as Foothills Mall). In 1988, an
expansion to Foothills Mall for Foley’s (now Macy’s) resulted in the vacation of Foothills Parkway right-of-
way from Mathews Street to Stanford Road as approved in Ordinance No. 116, 1987 adopted by City
Council on May 17, 1988.
The owner of Foothills Mall has requested that the remaining public portion of Foothills Parkway from
College Avenue to Mathews Street be vacated. Additionally, a portion of right-of-way along the west side
of Mathews Street would be vacated due to the owner realigning a portion of Mathews Street intersecting
Foothills Parkway, resulting in excess right-of-way. The owner received approval by the Planning and
Zoning Board on February 7, 2013 of the Foothills Mall Redevelopment Project Development Plan and a
condition of approval of the plan was made requiring this portion of Foothills Parkway be vacated.
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 conjunction with review of the Foothills Mall Redevelopment Project
Development Plan, and based on comments received; the Planning Development and Transportation
Director recommended that the vacation be approved. With the proposed vacation, easements for
access, emergency access, drainage, utilities, and transit would be retained, preserving rights to utilize
the vacated portion for these purposes. In order to ensure that the vacation is tied to the approval of the
Foothills Mall Redevelopment, this vacation is conditioned upon the recording of the Ordinance, which
Agenda Item 26
Item # 26 Page 2
FINANCIAL / ECONOMIC IMPACT
If Foothills Parkway and a portion of Mathews Street are vacated, the City will no longer be responsible
for the maintenance, and as such, the roadways can be eliminated from the City’s street maintenance
program. Ongoing maintenance of the area being vacated is the responsibility of the abutting property
owner; however, with redevelopment of Foothills Mall, a metro district has been established, and
maintenance of the vacated area would be assigned to the metro district.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted departments, and
adjacent property owners.
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ORDINANCE NO. 174, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING FOOTHILLS PARKWAY RIGHT-OF-WAY BETWEEN COLLEGE AVENUE
AND MATHEWS STREET, AND VACATING A PORTION OF MATHEWS STREET
WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate the
right-of-way for the remaining public street portion of Foothills Parkway from College Avenue
to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills
Parkway; 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 have reported no objection to the proposed vacation, provided that an access, emergency
access, drainage, utility, and transit easement is reserved by the City; and
WHEREAS, the rights of the residents of the City 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Foothills Parkway and a portion of Mathews Street right-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, utility, and transit 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 the
development known as "Foothills Mall Redevelopment Subdivision"; and
(3) if this Ordinance is not so recorded by February 1, 2017, then this Ordinance shall
become null and void and of no force and effect.
Introduced and considered favorably on first reading and ordered published this 17th day
of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D.
2014.
Mayor
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ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 2014.
Mayor
ATTEST:
City Clerk