HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2015 - SECOND READING OF ORDINANCE NO. 087, 2015, VACATINAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY August 18, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
Second Reading of Ordinance No. 087, 2015, Vacating Right of Way as Dedicated on the Timbervine Plat.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 21, 2015, vacates right-of-way that was
dedicated on the Timberline plat located west of Timberline Road and north of International Boulevard. Lager
Street, Lambic Street, Bock Street, Macinac Street, Saison Street, Stout Street, Dunkel Street, and Mexico
Way right-of-way is no longer necessary or desirable to retain for street purposes. The property is proposed to
be replatted as Timbervine Second Filing, which was approved through an Administrative Hearing on June 18,
2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 21, 2015 (w/o attachments) (PDF)
2. Ordinance No. 087, 2015 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 21, 2015
City Council
STAFF
Marc Ragasa, Civil Engineer
SUBJECT
First Reading of Ordinance No. 087, 2015, Vacating Right of Way as Dedicated on the Timbervine Plat.
EXECUTIVE SUMMARY
The purpose of this item is to vacate right-of-way that was dedicated on the Timberline plat located west of
Timberline Road and north of International Boulevard. Lager Street, Lambic Street, Bock Street, Macinac
Street, Saison Street, Stout Street, Dunkel Street, and Mexico Way right-of-way is no longer necessary or
desirable to retain for street purposes. The property is proposed to be replatted as Timbervine Second Filing,
which was approved through an Administrative Hearing on June 18, 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In February 2015, the Timbervine plat was filed, which included Lager Street, Lambic Street, Bock Street,
Macinac Street, Saison Street, Stout Street, Dunkel Street, and Mexico Way.
After approval of the Timbervine project, the developer requested this vacation because they determined that
they wanted to utilize a different housing product that modifies the layout from what was approved with the
Timbervine filing. A Major Amendment to the approved project, Timbervine Second Filing, intends to replat
Timbervine and was approved through an administrative hearing on June 8, 2015.
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 Timbervine Second 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 developer requesting the vacation are
one in the same and thus no letters were sent to adjacent property owners.
ATTACHMENTS
1. Timbervine ROW location map (PDF)
ATTACHMENT 1
- 1 -
ORDINANCE NO. 087, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING RIGHT-OF-WAY AS DEDICATED
ON THE TIMBERVINE PLAT
WHEREAS, the plat of Timbervine included dedication to the public of right-of-way for
Lager Street, Lambic Street, Bock Street, Macinac Street, Saison Street, Stout Street, Dunkel
Street, and Mexico Way; and
WHEREAS, Timbervine Holdings, LLC has requested that the City vacate these right-of-
way; and
WHEREAS, said 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 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 as follows:
Section 1. That the City Council hereby finds and determines that the street rights-of-
way for Lager Street, Lambic Street, Bock Street, Macinac Street, Saison Street, Stout Street,
Dunkel Street, and Mexico Way, more particularly described on Exhibit "A" 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.
Section 2. 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 “Timbervine Second Filing”.
3) If this Ordinance is not recorded by August 18, 2018, then this Ordinance
shall become null and void and of no force and effect.
- 2 -
Introduced and considered favorably on first reading and ordered published this 21st day
of July, A.D. 2015, and to be presented for final passage on the 18th day of August, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading this 18th day of August, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
OWNER:
BURLINGTON NORTHERN RAILROAD
BOOK 506, PAGE 199
OWNER:
BURLINGTON NORTHERN RAILROAD
BOOK 506, PAGE 199
DRY CREEK MINOR SUBDIVISION, FIRST REPLAT
BLOCK 1
45
46
47
48
55
56
57
58
59
60
TRACT M
TRACT A
STOUT STREET
LAGER STREET
BOCK STREET
LAMBIC STREET
EXCEPTED
EXCEPTED
EXCEPTED
53' ROW
53' ROW
53' ROW
53' ROW
WILLIAM H. SMITH
& ASSOCIATES INC.
SURVEYING CONSULTANTS
508 W. 66TH ST
LOVELAND, CO 80538
PHONE: 970-663-4474
FAX: 970663-4474
www.whsmithpc.com
JOB NO: 2014019.003
\\Laine-pc\z\DATA\2014019 - Galloway\003 - Timbervine\ROW Vacation.dwg
PROJECT NO:
DRAWN BY:
REVISIONS:
LAL CHECKED BY: LAL
DATE:
SCALE:
RIGHT OF WAY VACATION EXHIBIT
6/11/2015
1"=100'
LOCATION:
TIMBERVINE,
LOCATED IN THE NE 1/4 OF SECTION 7 & NW 1/4 OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
EXHIBIT A
PAGE 4 OF 7
EXHIBIT A PAGE 4 OF 7
MATCH LINE SEE SHEET 6
COL
MOBILE
OWN
REC
LAGER STREET
EXCEPTED
EXCEPTED
EXCEPTED
53' ROW
LAMBIC STREET
BOCK STREET
C49 13.35' 8.50' 90°00'00" N 45°00'00" W 12.02'
C48 218.89' 423.50' 29°36'50" S 75°11'35" W 216.46'
C47 14.02' 8.50' 94°31'07" S 13°07'36" W 12.49'
C46 12.08' 8.50' 81°24'44" S 74°50'19" E 11.09'
C45 225.82' 506.50' 25°32'41" N 77°13'39" E 223.95'
C44 13.35' 8.50' 90°00'00" N 45°00'00" E 12.02'
C43 13.35' 8.50' 90°00'00" N 45°00'00" W 12.02'
C42 13.35' 8.50' 90°00'00" S 45°00'00" W 12.02'
C41 13.35' 8.50' 90°00'00" S 45°00'00" E 12.02'
C40 13.35' 8.50' 90°00'00" N 45°00'00" E 12.02'
C39 13.35' 8.50' 90°00'00" N 45°00'00" W 12.02'
C38 202.19' 453.50' 25°32'41" S 77°13'39" W 200.52'
C37 14.63' 8.50' 98°35'16" S 15°09'41" W 12.89'
C36 12.82' 8.50' 86°24'44" S 77°20'19" E 11.64'
C35 174.06' 326.50' 30°32'41" N 74°43'39" E 172.01'
C34 13.35' 8.50' 90°00'00" N 45°00'00" E 12.02'
C33 13.35' 8.50' 90°00'00" N 45°00'00" W 12.02'
C32 145.81' 273.50' 30°32'41" S 74°43'39" W 144.08'
C31 13.88' 8.50' 93°35'16" S 12°39'41" W 12.39'
C30 11.94' 8.50' 80°29'32" S 74°22'43" E 10.98'
C29 82.30' 191.50' 24°37'29" N 77°41'15" E 81.67'
C28 13.35' 8.50' 90°00'00" N 45°00'00" E 12.02'
C27 13.35' 8.50' 90°00'00" N 45°00'00" W 12.02'
C26 59.53' 138.50' 24°37'29" S 77°41'15" W 59.07'
C25 14.76' 8.50' 99°30'28" S 15°37'17" W 12.98'
C24 135.05' 138.50' 55°52'03" S 62°03'59" E 129.76'
C23 13.35' 8.50' 90°00'00" N 45°00'00" E 12.02'
C22 214.00' 480.00' 25°32'41" N 77°13'39" E 212.24'
C21 159.93' 300.00' 30°32'41" N 74°43'39" E 158.05'
C20 70.91' 165.00' 24°37'29" N 77°41'15" E 70.37'
C19 54.98' 35.00' 90°00'00" N 45°00'00" W 49.50'
C18 232.59' 450.00' 29°36'50" S 75°11'35" W 230.01'
C17 57.74' 35.00' 94°31'07" S 13°07'36" W 51.41'
C16 160.89' 165.00' 55°52'03" S 62°03'59" E 154.59'
C15 54.98' 35.00' 90°00'00" N 45°00'00" E 49.50'
C14 13.82' 9.00' 87°59'34" N 43°59'47" W 12.50'
C13 48.70' 199.00' 14°01'17" N 07°00'39" E 48.58'
C12 143.19' 69.50' 118°02'35" N 45°00'00" W 119.17'
C11 48.70' 199.00' 14°01'17" S 82°59'21" W 48.58'
C10 18.06' 11.50' 90°00'00" N 45°00'00" W 16.26'
C9 17.36' 11.50' 86°29'14" S 43°14'37" W 15.76'
C8 48.70' 199.00' 14°01'17" S 67°23'48" W 48.58'
C7 148.67' 69.50' 122°33'42" S 13°07'36" W 121.90'
C6 48.70' 199.00' 14°01'17" S 41°08'36" E 48.58'
C5 186.73' 191.50' 55°52'03" S 62°03'59" E 179.42'
C4 48.70' 199.00' 14°01'17" S 82°59'21" E 48.58'
C3 143.19' 69.50' 118°02'35" N 45°00'00" E 119.17'
C2 48.70' 199.00' 14°01'17" N 07°00'39" W 48.58'
C1 14.45' 9.00' 92°00'26" N 46°00'13" E 12.95'
ENVELOPE D
INDUSTRIAL
BUSINESS PARK
INTERNATIONAL
P.U.D.
ENVELOPE D
INDUSTRIAL
BUSINESS PARK
INTERNATIONAL
P.U.D.
BLOCK 8
61
62
63
DRY CREEK MINOR SUBDIVISION, FIRST REPLAT
1
2
3
4
5
6
7
8
9
11
10
LOT 1
MACINAC STREET
6
5
4
3
2
1
DUNKEL STREET
EXCEPTED
EXCEPTED
BLOCK 1
DRY CREEK MINOR SUBDIVISION,
FIRST REPLAT
EXCEPTED
AMENDED PLAT OF LOTS 5-9, INDUSTRIAL
BUSINESS PARK INTERNATIONAL P.U.D.
STOUT STREET
53' ROW
53' ROW
53' ROW
WILLIAM H. SMITH
& ASSOCIATES INC.
SURVEYING CONSULTANTS
JOB NO: 2014019.003
\\Laine-pc\z\DATA\2014019 - Galloway\003 - Timbervine\ROW Vacation.dwg
PROJECT NO:
DRAWN BY:
REVISIONS:
LAL CHECKED BY: LAL
DATE:
SCALE:
RIGHT OF WAY VACATION EXHIBIT
6/11/2015
AMENDED PLAT OF LOTS 5-9, INDUSTRIAL
LOT 2 LOT 3 LOT 4
LAGER STREET
MEXICO WAY
SAISON STREET
MEXICO WAY
10
9
8
7
15
14
13
12
11
24
23
22
19
18
17
16
21
20
EXCEPTED
EXCEPTED
6 3
53' ROW
53' ROW
72' ROW
MACINAC STREET
72' ROW
WILLIAM H. SMITH
& ASSOCIATES INC.
SURVEYING CONSULTANTS
JOB NO: 2014019.003
\\Laine-pc\z\DATA\2014019 - Galloway\003 - Timbervine\ROW Vacation.dwg
PROJECT NO:
DRAWN BY:
REVISIONS:
LAL CHECKED BY: LAL
DATE:
SCALE:
RIGHT OF WAY VACATION EXHIBIT
6/11/2015
1"=100'
EXHIBIT A
PAGE 7 OF 7
EXHIBIT A PAGE 7 OF 7
LOCATION:
TIMBERVINE,
LOCATED IN THE NE 1/4 OF SECTION 7 & NW 1/4 OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
508 W. 66TH ST
LOVELAND, CO 80538
PHONE: 970-663-4474
FAX: 970663-4474
www.whsmithpc.com
SCALE: 1"= 100'
MATCH LINE SEE SHEET 5
MATCH LINE SEE SHEET 6
1"=100'
EXHIBIT A
PAGE 6 OF 7
EXHIBIT A PAGE 6 OF 7
LOCATION:
TIMBERVINE,
LOCATED IN THE NE 1/4 OF SECTION 7 & NW 1/4 OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
508 W. 66TH ST
LOVELAND, CO 80538
PHONE: 970-663-4474
FAX: 970663-4474
www.whsmithpc.com
MATCH LINE SEE SHEET 4
MATCH LINE SEE SHEET 7
SCALE: 1"= 100'
CURVE ARC RADIUS DELTA CHORD BEARING CHORD
WILLIAM H. SMITH
& ASSOCIATES INC.
SURVEYING CONSULTANTS
JOB NO: 2014019.003
\\Laine-pc\z\DATA\2014019 - Galloway\003 - Timbervine\ROW Vacation.dwg
PROJECT NO:
DRAWN BY:
REVISIONS:
CHECKED BY:
SCALE: 1"= 100'
LAL LAL
DATE:
SCALE:
RIGHT OF WAY VACATION EXHIBIT
6/11/2015
1"=100'
EXHIBIT A
PAGE 5 OF 7
EXHIBIT A PAGE 5 OF 7
LOCATION:
TIMBERVINE,
LOCATED IN THE NE 1/4 OF SECTION 7 & NW 1/4 OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
508 W. 66TH ST
LOVELAND, CO 80538
PHONE: 970-663-4474
FAX: 970663-4474
www.whsmithpc.com
MATCH LINE SEE SHEET 7
MATCH LINE SEE SHEET 4
MATCH LINE SEE SHEET 5
SCALE: 1"= 100'