HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2014 - SECOND READING ORDINANCE NO. 053, 2014, VACATING AAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY April 15, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
Second Reading Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on
the Dechairo Subdivision Plat.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 1, 2014, vacates a portion of Plum Street
right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner
adjacent to this portion of right-of-way is requesting the vacation. This location is 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 the adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary, April 1, 2014 (PDF)
2. Ordinance No. 053, 2014 (PDF)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Tyler Siegmund, Civil Engineer
SUBJECT
First Reading of Ordinance No. 053, 2014, Vacating a Portion of Plum Street Right-of-Way as Dedicated on
the Dechairo Subdivision Plat.
EXECUTIVE SUMMARY
The purpose of this item is to vacate a portion of Plum Street right-of-way that is no longer necessary or
desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is
requesting the vacation. This location is 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 the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2007 additional right-of-way was dedicated to the City along Plum Street on the Dechairo Subdivision plat.
With the Scott Plaza development plan, the applicant has proposed a mixed use development project at this
location and it has been determined that the additional right-of-way is no longer needed for public street
purposes.
The applicant has ownership of the adjacent land. All public and private utilities were notified of the proposed
vacation and they report no objections to the vacation request.
FINANCIAL / ECONOMIC IMPACT
There are no financial impacts to the vacation of this portion of 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 and potentially impacted City departments.
The adjacent property owner and the person requesting the vacation are one in the same and thus no letters
were sent to adjacent property owners.
ATTACHMENTS
1. Location map (PDF)
- 1 -
ORDINANCE NO. 053, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF PLUM STREET RIGHT-OF-WAY AS DEDICATED
ON THE DECHAIRO SUBDIVISION PLAT
WHEREAS, the plat of Dechairo Subdivision included the dedication to the public of
right-of-way for Plum Street; and
WHEREAS, Scott Plaza, LLC has requested that the City vacate a portion of this right-
of-way; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent land owners, City agencies, and private utility companies have
been contacted and have reported no objection to the proposed vacation; 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 portion of Plum 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.
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
- 2 -
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk