HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - SECOND READING OF ORDINANCE NO. 052, 2014, VACATINAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY May 6, 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.
Public outreach for the Scott Plaza Project Development Plan and the Scott Avenue right-of-way vacation
request were as follows:
August 22, 2013, Scott Plaza Project Development Plan neighborhood meeting
December 23, 2013, Scott Plaza Project Development Plan Planning and Zoning Board public hearing
notice
January 29, 2014, Scott Avenue vacation request notice sent to adjacent property owners
April 28, 2014, Scott Avenue vacation request neighborhood meeting.
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 Project
Development Plan (PDP). Public outreach for the Scott Plaza PDP and the Scott Avenue vacation request
were as follows:
A neighborhood meeting was held on August 22, 2013, to discuss the components of the proposed
Scott Plaza PDP.
On December 23, 2014, notice was sent regarding the Planning and Zoning Board Public Hearing for
the Scott Plaza PDP. It recently came to staffs attention that the advertising of the January 9, 2014
Planning and Zoning Board Hearing for the Scott Plaza PDP was deficient as the mailing list failed to
include some nearby property owners.
To provide an opportunity for additional public comment, a neighborhood meeting was held on April
28, 2014 to discuss the proposed Scott Avenue right-of-way vacation as it relates to the surrounding
neighborhood context and the Campus West Community Commercial District Planning Study Report
(2001).
Agenda Item 17
Item # 17 Page 2
The process for vacating public right-of-way is governed by City Code Section 23-115, which provides the
application and review process necessary for formal City Council consideration. The review process includes
public 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 to be vacated. This
review process was followed in conjunction with the review of the Scott Plaza Development Plan. On January
29, 2014, mail 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. public comment (PDF)
4. Powerpoint presentation (PDF)
5. 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)
April 30, 2014
Mayor Karen Weitkunat
and Members of Fort Collins City Council
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
Mayor Karen Weitkunat and Council Members:
This letter is in reference to the proposed Scott Avenue right-of-way vacation request that the
City staff has proposed and the City Council will vote on May 6th. As one of the managing
partners for Taylor Fitzpatrick Capital (TFC), the applicant for the proposed Scott Plaza Project
Development Plan (PDP), I believe it is important to provide you with additional information.
The Scott Plaza PDP approved by the Planning and Zoning Board in January of this year is
located on property owned by TFC and Mike Jensen, a local businessman. TFC, together with
Mr. Jensen have worked on the proposed project conceptually for many years.
The development review process for Scott Plaza started well over a year ago and has included
the following:
Conceptual Review Meeting February 25, 2013
Neighborhood meeting August 22, 2013
Project Development Plan (PDP) was submitted September 11, 2013
Planning and Zoning Board Public Hearing January 9, 2014
Project Development Plan (PDP) was approved on Consent Agenda
Appeal period expired January 23, 2014
Final Development Plans were submitted January 29, 2014
Final Development Plans and Development Agreement are nearly complete
Architectural Plans were submitted for Building Permit April 18, 2014
Approval of the vacation request is necessary for the project to move forward and meet the
proposed construction schedule. Leases were not renewed in the existing rental units in
anticipation of a June construction start. Student housing projects must meet a critical timing for
leasing in Spring with a Fall move-in date. Any further delay would make the current
construction schedule infeasible. So far, TFC has invested nearly $2,000,000.00 in the proposed
project. This money as well as the time invested will be lost if the right-of-way vacation is not
approved.
Equally important, if the project doesn’t move forward the City will lose an opportunity for
needed public improvements in the Campus West neighborhood. Currently the site is in a
blighted condition with unattractive dwellings and a street right-of-way that is not paved,
landscaped or lighted but is used by neighborhood residents as an informal cut-through access to
the shops and restaurants on West Elizabeth Street. In addition to providing needed student
housing in close proximity to Campus, our proposed development plan will provide the
following:
Streetscape improvements along Plum Street including detached sidewalks, street trees,
landscaping, plaza space, outdoor seating, café tables, moveable planters and bike
parking.
A retail space or coffee shop at the intersection of Plum Street and the existing Scott
Avenue right-of-way.
Streetscape improvements to the existing Scott Avenue right-of-way include an overhead
gateway feature celebrating the public access easement. Other improvements include
decorative paving, permeable pavers, landscaping, tree grates, street trees, stone bench
seating, bike parking, security lighting, Tivoli lighting and way finding signage. (See
attached graphic representation.)
These improvements will be installed with the project and paid for by TFC with no financial
participation from the City. TFC will also be responsible for long term maintenance of the public
access easement that provides a pedestrian/bike connection to the south. When properties along
West Elizabeth Street redevelop, the City can require extension of the pedestrian/bike connection
to Elizabeth Street. The vision shared by City staff and the developer is to create a safe,
convenient connection to Elizabeth Street that prioritizes alternative modes of travel and mimics
the look and feel of the City’s successful Downtown alleys.
Missing this opportunity would not only be unfair to TFC, but unfortunate for the neighborhood
and the community. My partners and I respectfully request that the City Council approve the
vacation of the right-of-way on second reading so that our project can move forward.
Regards,
Jake Taylor
Taylor Fitzpatrick Capital, LLC.
7825 E Gelding Drive Suite 102
Scottsdale, AZ 85260
1
Proposal to Vacate Scott Avenue
Tyler Siegmund
Development Review Engineer
2
Scott Avenue Vicinity Map
Scott Avenue
335 feet in length
25 feet in width
3
Scott Avenue - Aerial
Scott Avenue
335 feet in length
25 feet in width
Campus West
4
Existing Scott Avenue
• Looking south from Plum Street
5
Proposed Scott Plaza
Pedestrian Spine
• Looking south from Plum Street
6
Proposed Scott Plaza
Pedestrian Spine
• Looking south from pedestrian spine
towards Elizabeth Street
7
Proposed Scott Plaza
Pedestrian Spine
• Looking north from Elizabeth Street
- 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 6th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of May, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk