HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2014 - FIRST READING OF ORDINANCE NO. 052, 2014, VACATINGAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way as Dedicated at Book 1174,
Page 543 of the Larimer County Records.
EXECUTIVE SUMMARY
The purpose of this item is to vacate Scott Avenue right-of-way that is no longer necessary or desirable to
retain for public street purposes. This location will be the future site of the Scott Plaza development project,
which was approved at the Planning and Zoning Board Public Hearing on January 9, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1962, a 25-foot wide strip of land south of Plum Street between Shields Street and City Park Avenue was
dedicated to the City (Book 1174, Page 543), by the adjacent property owner (1201 Plum Street) at no
expense to the City, for street right-of-way purposes. The owner of the properties at 813 Scott Avenue, 1201
West Plum Street and 1205 West Plum Street has requested that the City vacate this 25 foot by 335 foot strip
of land that is adjacent to the properties. The applicant has requested this vacation because they wish to
redevelop their property that is adjacent to Scott Avenue. Scott Avenue is not paved and only provides access
to the existing residential units at 813 Scott Avenue and 1201 Plum Street. The existing residential units on
813 Scott Avenue and 1201 Plum Street will be removed as part of the Scott Plaza development proposal.
With the vacation of right-of-way, easements for access, emergency access, drainage and utilities would be
retained, preserving rights to utilize the vacated portion for these purposes.
The Campus West Planning Study Report (December 2001) identifies that a pedestrian or vehicular
connection should be provided at this location that, in the future, should extend to Elizabeth Street. Through
the development review process it has been determined that a pedestrian connection will provide the desired
connectivity that is outlined in the study and will be accommodated by the Scott Plaza development plan and
retention of the area as an access easement. At such time that the property to the south redevelops (1220
West Elizabeth Street) the pedestrian connection that is being provided with the Scott Plaza project will be
continued south to Elizabeth Street.
A memorandum requesting input about the vacation of Scott Avenue was sent to the utility providers,
potentially impacted City departments and adjacent property owners. The neighboring property owner at 1113
West Plum Street has expressed opposition to the Scott Avenue right-of-way vacation request. The original
right-of-way dedication documents from 1962 have been reviewed and the City believes that the land will
return to the property owner that is requesting the vacation.
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
Agenda Item 9
Item # 9 Page 2
owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in
conjunction with review of the Scott Plaza Project Development Plan, and based on comments received; the
Planning Development and Transportation Director recommends that the vacation be approved.
FINANCIAL / ECONOMIC IMPACT
There are no financial impacts to the vacation of this portion right-of-way.
ENVIRONMENTAL IMPACTS
There are no environmental impacts to the vacation of this portion of right of way.
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City departments and
adjacent property owners and feedback was received.
ATTACHMENTS
1. Location map (PDF)
ATTACHMENT 1
- 1 -
ORDINANCE NO. 052, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING SCOTT AVENUE RIGHT-OF-WAY AS DEDICATED
AT BOOK 1174, PAGE 543 OF THE LARIMER COUNTY RECORDS
WHEREAS, by deed recorded in Book 1174, at Page 543 of the Larimer County
Colorado Records, a right-of-way was dedicated to the public for Scott Avenue; and
WHEREAS, Scott Plaza, LLC has requested that the City vacate this public right-of-way;
and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, City agencies and private utility companies have been contacted and have
reported no objection to the proposed vacation, provided that an access easement, utility
easement, and emergency access easement be reserved unto the City; and
WHEREAS, the right of the residents of the City 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 Scott Avenue street right-of-way, more particularly described on
Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated
and abolished; provided, however, that:
1) this vacation shall not take effect until this Ordinance is recorded by the City
Clerk with the Larimer County Clerk and Recorder; and
2) this Ordinance shall be recorded by the City Clerk concurrently with the recording
of the subdivision plat for the development known as “Scott Plaza”; and
3) if this Ordinance is not so recorded by January 9, 2017, then this Ordinance shall
become null and void and of no force and effect.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk