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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - SECOND READING ORDINANCE NO. 053, 2014, VACATING AAgenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 6, 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. Location map (PDF) 3. 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 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk