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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/15/2014 - SECOND READING OF ORDINANCE NO. 052, 2014, VACATINAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Tyler Siegmund, Civil Engineer SUBJECT Second 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 This Ordinance, adopted on First Reading on April 1, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) vacating 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 Second Reading. BACKGROUND / DISCUSSION At First Reading of Ordinance No. 052, 2014, Vacating Scott Avenue Right-of-Way, there was discussion regarding public outreach related to the Scott Avenue vacation request and the Scott Plaza Development Plan. The Scott Plaza development project followed the Land Use Code requirements relating to public outreach. A neighborhood meeting was held on August 22, 2013, to discuss the components of the proposed Scott Plaza development project. On December 23, 2014, notice was sent out regarding the Planning and Zoning Board Public Hearing. The notification area for the Planning and Zoning Board Public Hearing exceeded the Land Use Code requirements for public outreach and was expanded to include additional residents to the north and south of the required notification area. The Scott Plaza Development Plan was passed on consent at the Planning and Zoning Board Hearing on January 9, 2014. Vacating public right-of-way is 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 notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed in conjunction with the review of the Scott Plaza Development Plan. On January 29, 2014, notification was sent to the property owners adjacent to Scott Avenue regarding the request to vacate Scott Avenue. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, April 1, 2014 (PDF) 2. Location Map (PDF) 3. Powerpoint (PDF) 4. Ordinance No. 052, 2014 (PDF) Agenda 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) 1 Overall Vicinity Map 2 Existing Scott Avenue • Looking south from Plum Street 3 Existing Scott Avenue 4 Scott Plaza Development Site Plan 5 Scott Plaza Development Plan 6 Public Outreach • August 7, 2013- Notice of neighborhood meeting for the Scott Plaza Development Plan • December 23, 2013- Notice of Planning and Zoning Board Hearing for the Scott Plaza Development Plan – Expanded notification area – Vacation of Scott Avenue identified in the notice • January 29, 2014- Notice to adjacent property owners regarding the request to vacate Scott Avenue 7 Scott Plaza Notification Area - 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