Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2016 - SECOND READING OF ORDINANCE NO. 053, 2016, VACATINAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT Second Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 19, 2016, vacates various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 053, 2016 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT First Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. EXECUTIVE SUMMARY The purpose of this item is to vacate various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In July 2009, the East Ridge plat was filed, which included Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public Alleys, and a portion of Timberline Road. After approval of the East Ridge project, the developer requested this vacation because they want to utilize a different housing product that modifies the layout from what was approved with the East Ridge filing. A Major Amendment to the approved project, East Ridge Second Filing, intends to replat East Ridge and was approved through an Administrative Hearing on January 27, 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 East Ridge Second Filing Development Plan. The vacation will not become effective or be recorded until the plat for the East Ridge Second Filing is recorded. 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 and potentially impacted City departments. Because the developer who requested this vacation owns the adjacent properties to which notice would normally be sent, no additional notice was necessary to adjacent property owners. ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Location map (PDF) -1- ORDINANCE NO. 053, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING EAST RIDGE PLAT WHEREAS, the Plat of East Ridge, recorded on July 13, 2009 as Reception No. 20090047904 in the real property records of the Larimer County Clerk and Recorder, included dedication to the public of right-of-way for Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public alleys and a portion of Timberline Road; and WHEREAS, East Ridge Holdings, LLC, has requested that the City vacate these rights- of-way pursuant to City Code Section 23-15 in connection with a new subdivision plat to be filed for the development to be known as, “East Ridge Second Filing”; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, potentially affected City agencies, private utility companies, and emergency service providers have been contacted and reported no objection to the proposed vacation; and WHEREAS, the City Engineer has recommended approval of this vacation to the Director of Planning, Development and Transportation who in turn recommends approval to the City Council; 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 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 Barnstormer Street, Zeppelin Way, Navion Way, Yeager Street, Conquest Street, Marquise Street, Biplane Street, Coleman Street, Supercub Lane, Quinby Street, Fairchild Street, Sykes Drive, Vicot Way, Crusader Street, Yeager Street, Comet Street, Reliant Street, Desault Street, Delozier Road, public alleys and a portion of Timberline Road, all as 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 3. That the Specified Streets are hereby vacated, abated and abolished, provided that: -2- 1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder: 2) This Ordinance shall only be recorded concurrently with the subdivision plat for the development known as “East Ridge Second Filing.” 3) If this Ordinance is not recorded by January 27, 2019, then this Ordinance shall become null and void and of no force and effect. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk