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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/20/2014 - SECOND READING OF ORDINANCE NO. 071, 2014, VACATINAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 20, 2014 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT Second Reading of Ordinance No. 071, 2014, Vacating Portions of Ziegler Road as Dedicated in Book R at Page 118 of the Larimer County Records. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 6, 2014, vacates the portions of Ziegler Road right-of-way that are no longer necessary or desirable to retain for public street purposes. The portions to be vacated are those portions that were dedicated in 1882 and not rededicated with the Fossil Lake PUD First Filing plat and are portions of right-of-way that are not needed for the existing street system. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 6, 2014 (w/o attachments) (PDF) 2. Ordinance No. 071, 2014 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 071, 2014, Vacating Portions of Ziegler Road as Dedicated in Book R at Page 118 of the Larimer County records. EXECUTIVE SUMMARY The purpose of this item is to vacate the portions of Ziegler Road right-of-way that are no longer necessary or desirable to retain for public street purposes. The portions to be vacated are those portions that were dedicated in 1882 and not rededicated with the Fossil Lake PUD First Filing plat and are portions of right-of- way that are not needed for the existing street system. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1882, a 60-foot right-of-way for Ziegler Road was dedicated to Larimer County (thirty feet on each side of the section line). In 1999, when the Fossil Lake PUD First Filing plat, which platted the land along the east side of the section line, was approved by the County and filed, this plat did not show the existing Ziegler Road right-of-way and only platted the right-of-way for Ziegler Road that was needed, based on the street layout approved with that project. The area of this subdivision, including the Ziegler Road right-of-way proposed for vacation, was annexed into the City in March 2002. The discrepancy between the right-of-way dedicated in 1882 and the right-of-way dedicated in 1999 was recently brought to the City’s attention. Because the right-of-way dedicated in 1882 still fully exists, there are several outlots and parcels that have right-of-way crossing them. The east side of Ziegler Road adjacent to this subdivision has been constructed (existing curb, gutter, parkway and sidewalk), and the City does not see this changing. Therefore the additional right-of-way behind the existing sidewalk is not needed. Due to the existence of Fossil Lake Reservoir, and the approved development plans in the area, Ziegler Road will not extend south of Rock Park Drive so this existing right-of-way is not needed. Utility and Drainage easements as identified on the plat will be retained as identified in the Ordinance across all the outlots and parcels, except across Tract B, which is owned by the City. 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. FINANCIAL / ECONOMIC IMPACTS There are no financial impacts due to the vacation of this portion of right-of-way. ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 ENVIRONMENTAL IMPACTS There will be no change to the land if these portions of right-of-way are vacated so there is no environmental impact. 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 - ORDINANCE NO. 071, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF ZIEGLER ROAD AS DEDICATED IN BOOK R AT PAGE 118 OF THE LARIMER COUNTY RECORDS WHEREAS, Book R, Page 118 of the Larimer County Records contains a dedication to the public of right-of-way for Ziegler Road; and WHEREAS, portions of that right-of-way are no longer necessary or desirable to retain for street purposes and City staff is recommending that said portions be vacated; and WHEREAS, City agencies, private utility companies, and affected property owners have been contacted and have reported no objection to the proposed vacation, provided that a utility easement and drainage 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 right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that those certain portions of the Ziegler Road street right-of-way described on Exhibit "A", attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, reserving utility and drainage easements unto the City as more particularly described on Exhibit “B”, provided however, that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 2 - Passed and adopted on final reading on the 20th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk