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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/06/2016 - SECOND READING OF ORDINANCE NO. 103, 2016, VACATINAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT Second Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading by a vote of 5-0 (Campana recused; Stephens absent) vacates various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (PDF) 2. Ordinance No. 103, 2016 (PDF) Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT First Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. EXECUTIVE SUMMARY The purpose of this item is to vacate various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four, which was approved through the Planning and Zoning Board on February 11, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In August 2005, the Sidehill-Filing Two plat was filed, which included portions Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane and portions of Yearling Drive. In August 2014, the Bucking Horse Filing Three plat was filed, which included portions of Miles House Avenue. After approval of the two plats, the developer requested this vacation because they determined that they wanted to utilize a different housing product that modifies the layout from that approved with both the Sidehill- Filing Two and Bucking Horse Filing Three plat. A Final Development Plan for the approved project, Bucking Horse Filing Four, intends to replat Sidehill - Filing Two and Bucking Horse Filing Three and was approved through the Planning and Zoning Board on February 11, 2016. 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 Bucking Horse Filing Four Development Plan. As required by City Code Section 23-115(d), the City Engineer has recommended approval of this vacation to the Planning, Development and Transportation Director. And, as required by City Code Section 23-115(b), the Director recommends approval of this vacation to the City Council. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners. The other adjacent property owners and the developer requesting the vacation are one in the same and thus no letters were sent to adjacent property owners. ATTACHMENT 1 Agenda Item 24 Item # 24 Page 2 ATTACHMENTS 1. Vicinity Map (PDF) -1- ORDINANCE NO. 103, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE SIDEHILL - FILING TWO AND BUCKING HORSE FILING THREE PLATS WHEREAS, the plat of Sidehill - Filing Two included dedication to the public of right- of-way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane and Yearling Drive; and WHEREAS, the plat of Bucking Horse Filing Three included dedication to the public of right-of-way for portions of Miles House Avenue; and WHEREAS, Bucking Horse Apartment, LLC and Bucking Horse Development Inc., filed an application with the City Engineer in accordance with City Code Section 23-115 requesting that the City vacate these rights-of-way to facilitate a change in development plan and filing of a new subdivision plat to be known as “Bucking Horse Filing Four”; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street or utility purposes (as utility easements will be dedicated on the new Bucking Horse Filing Four subdivision plat); and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, and emergency service providers and no objection to the proposed vacation has been received; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer has recommend to the Planning Development and Transportation Director and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the street rights-of- way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane, Yearling Drive and portions of Miles House Avenue, more particularly described on Exhibits A through F attached hereto and incorporated herein by this reference (the “Specified Streets”) are no longer needed for right-of-way purposes and that it is in the public interest to vacate the same. -2- Section 3. That the Specified Streets are hereby vacated, abated and abolished, provided that: 1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; 2) This Ordinance shall be recorded concurrently with the subdivision plat for the development known as “Bucking Horse Filing Four;” and 3) If this Ordinance is not recorded with the Larimer County Clerk and Recorder by February 11, 2019, then this Ordinance shall become null and void and of no force and effect. Section 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2- 302. Introduced and considered favorably on first reading and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F