HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2015 - SECOND READING OF ORDINANCE NO. 055, 2015, VACATINAgenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY May 19, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge
Fourth Filing.
EXECUTIVE SUMMARY
The Ordinance, unanimously adopted on First Reading on May 5, 2015, vacates Cabot Court, Nimitz Drive,
Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary or desirable to
retain for street purposes. The property is proposed to be replatted as Registry Ridge Seventh Filing, which
was approved through an Administrative Hearing on March 5, 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 5, 2015 (w/o attachments) (PDF)
2. Ordinance No. 055, 2015 (PDF)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY May 5, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
First Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge
Fourth Filing.
EXECUTIVE SUMMARY
The purpose of this item is to vacate Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise
Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is
proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative
Hearing on March 5, 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In April 2002, a plat was filled as part of the Registry Ridge Fourth Filing, which included Cabot Court, Hornet
Drive, Kitty Hawk Court and Nimitz Drive and Enterprise Drive south of Bon Homme Richard Drive. Public
improvements for Registry Ridge Fourth Filing were not completed and the project has expired.
A proposed subdivision, Registry Ridge Seventh Filing, intends to replat portions of Registry Ridge Fourth
Filing and was approved through administrative hearing on March 5, 2015. The applicant has requested this
vacation because they wish to change the roadway alignment to utilize a different housing product than what
was approved with the Registry Ridge Fourth Filing.
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 Registry Ridge Seventh Filing Development Plan.
CITY FINANCIAL IMPACTS
There are no financial 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 other adjacent property owners and the person requesting the vacation are one
in the same and thus no letters were sent to adjacent property owners.
Agenda Item 9
Item # 9 Page 2
ATTACHMENTS
1. Vicinty map (PDF)
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ORDINANCE NO. 055, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING RIGHT-OF-WAY AS DEDICATED
ON A PLAT OF REGISTRY RIDGE FOURTH FILING
WHEREAS, the plat of Registry Ridge Fourth Filing included dedication to the public of
right-of-way for Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise
Drive; and
WHEREAS, the public infrastructure improvements for Registry Ridge Fourth Filing
were not timely completed and the Fourth Filing has now expired; and
WHEREAS, BQ LLC, the developer of the approved Registry Ridge Seventh Filing,
which is a replat of portions of the Registry Ridge Fourth Filing, has requested this vacation
because the Registry Ridge Seventh Filing road alignment is different than what was included in
the Registry Ridge Fourth Filing; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation; and
WHEREAS, the right of the residents of the City of Fort Collins 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 street rights-of-way for Cabot Court, Nimitz Drive, Hornet Drive,
Kitty Hawk Court and Enterprise Drive, more particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference, are hereby vacated, abated and abolished,
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 “Registry Ridge Filing Seventh Filing”; and
3) if this Ordinance is not recorded by May 19, 2018, then this Ordinance
shall become null and void and of no force and effect.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of May, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk