HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2014 - SECOND READING OF ORDINANCE NO. 072, 2014 VACATINGAgenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY May 20, 2014
City Council
STAFF
Andrew Gingerich, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 072, 2014 Vacating Right-of-Way as Dedicated on the Final Plats of
Waterfield P.U.D. First Filing and Waterfield P.U.D. Second Filing.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 6, 2014, vacates portions of right-of-way within
Waterfield PUD First and Second Filings that are no longer necessary or desirable to retain for street
purposes. These locations are being replatted as Waterfield Third Filing and proposing new rights-of-way to
be dedicated, which was approved through an Administrative Hearing on February 11, 2014.
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. 072, 2014 (PDF)
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY May 6, 2014
City Council
STAFF
Andrew Gingerich, Civil Engineer
SUBJECT
First Reading of Ordinance No. 072, 2014 Vacating Right-of-Way as Dedicated on the Final Plats of Waterfield
P.U.D. First Filing and Waterfield P.U.D. Second Filing.
EXECUTIVE SUMMARY
The purpose of this item is to vacate portions of right-of-way within Waterfield PUD First and Second Filings
that are no longer necessary or desirable to retain for street purposes. These locations are being replatted as
Waterfield Third Filing and proposing new rights-of-way to be dedicated, which was approved through an
Administrative Hearing on February 11, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1999, the Final Plat of Waterfield PUD First Filing, located northwest of Vine Drive and Timberline Road,
platted lots for single family residential, a tract for Multi-family (Bull Run Apartments), and dedicated additional
right-of-way for Vine Drive and Timberline Road, as well as internal streets Merganser Drive, Garganey Drive,
Bufflehead Court, Black Scoter Court and Goslyn Court. Public Improvements for Waterfield PUD First Filing
were not completed, and the project has expired.
In 2000, the Final Plat for Waterfield PUD Second Filing, located northwest of Vine Drive and Merganser Drive,
platted lots for single family residential, tracts for public parks, a future school site, and dedicated additional
right-of-way for Vine Drive, as well as internal streets County Road 11 (Turnberry Road), Conifer Street,
Garganey Street, Mandarin Drive, Mandarin Court, Cape Teal Drive, Rosybill Drive, Shearwater Drive,
Muscovy Drive and Aleutian Drive. Public Improvements for Waterfield PUD Second Filing were not
completed, and the project has expired.
A proposed subdivision, Waterfield Third Filing intends to replat portions of Waterfield PUD First Filing, and all
of Waterfield PUD Second Filing, which was approved through Administrative Hearing on February 11, 2014.
Between the expiration of the existing filings, and the proposed third filing, the City adopted the Master Street
Plan that showed the new alignment of “New Vine Drive,” which bisects proposed Waterfield Third Filing. This
has caused the realignment of existing rights-of-way to meet the needs of the newly proposed streets.
Additionally, the Master Street Plan has removed County Road 11 (Turnberry Drive), downgraded existing
Vine Drive, and realigned portions of Timberline Road adjacent to the project, which has allowed for portions of
these rights-of-way to be vacated.
Portions of the rights-of-way to be vacated will be retained as utility easements, as explained on the attached
ordinance and shown on the exhibits.
ATTACHMENT 1
Agenda Item 14
Item # 14 Page 2
FINANCIAL / ECONOMIC IMPACTS
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, potentially impacted City departments, and
adjacent property owners. The adjacent property owner to the west was contacted and notified through a
meeting with their attorney, City staff, and the applicant that requested the vacation. The applicant is the only
other adjacent property owner.
ATTACHMENTS
1. Vicinity Map (PDF)
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ORDINANCE NO. 072, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING RIGHT-OF-WAY AS DEDICATED
ON THE FINAL PLATS OF WATERFIELD P.U.D. FIRST FILING AND
WATERFIELD P.U.D. SECOND FILING
WHEREAS, the plats of Waterfield P.U.D. First Filing and Waterfield P.U.D. Second
Filing included dedication to the public of right-of-way for Timberline Road, Vine Drive,
Merganser Drive, Garganey Drive, Bufflehead Court, Black Scoter Court, Goslyn Court,
Aleutian Drive, Muscovy Drive, Shearwater Drive, Rosybill Drive, Cape Teal Drive, Mandarin
Drive, Mandarin Court, and Turnberry Road; and
WHEREAS, Parker Land Investments, LLC, has requested that the City vacate portions
of these rights-of-way; and
WHEREAS, said portions of 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 a utility easement is
reserved unto 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 certain portions of the rights-of-way for Timberline Road, Turnberry
Road, Vine Drive, and Merganser Drive as more particularly described on Exhibits “A”, “B”,
“C”, “D”, and “E” attached hereto and incorporated herein by this reference; and that the rights-
of-way for Garganey Drive, Bufflehead Court, Black Scoter Court, Goslyn Court, Aleutian
Drive, Muscovy Drive, Shearwater Drive, Rosybill Drive, Cape Teal Drive, Mandarin Drive and
Mandarin Court as more particularly described on Exhibit "C", are hereby vacated, abated and
abolished, reserving utility easements unto the City as more particularly described on Exhibits
“F”, “G”, “H”, and “I” provided however, that:
1) this vacation shall not take effect until this Ordinance is recorded with the Larimer
County Clerk and Recorder; and
2) this Ordinance shall be recorded concurrently with the subdivision plat for the
development known as “Waterfield Third Filing”.
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Introduced and 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
Passed and adopted on final reading on this 20th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk