HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/01/2019 - SECOND READING OF ORDINANCE NO. 114, 2019 VACATINGAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 1, 2019
City Council
STAFF
Spencer Smith, Civil Engineer II
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 114, 2019, Vacating Portions of Rights-of-Way Dedicated on the Waterfield
Third Filing Plat.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 17, 2019, vacates various rights-of-way
dedicated on the Waterfield Third Filing plat that are no longer necessary or desirable to retain for roadway
purposes. The rights-of-way vacation includes various public road rights-of-way within the Waterfield
development. The property is being sold to a new developer who is proposing a revised project layout. The
existing on-site road rights-of-way need to be vacated prior to recording the new plat. The vacation will not
impact any existing rights-of-way of adjacent public streets (North Timberline Road, East Vine Drive, East
Suniga Road, Merganser Drive (south of Suniga Road), Turnberry Road or Conifer Street). The property is
currently proposed to be replatted as Waterfield Fourth Filing.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary September 17, 2019 (w/o attachments) (PDF)
2. Ordinance No. 114, 2019 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 17, 2019
City Council
STAFF
Spencer Smith, Civil Engineer II
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 114, 2019, Vacating Portions of Rights-of-Way Dedicated on the Waterfield
Third Filing Plat.
EXECUTIVE SUMMARY
The purpose of this item is to vacate various rights-of-way dedicated on the Waterfield Third Filing plat that are
no longer necessary or desirable to retain for roadway purposes. The rights-of-way vacation includes various
public road rights-of-way within the Waterfield development. The property is being sold to a new developer who
is proposing a revised project layout. The existing on-site road rights-of-way need to be vacated prior to
recording the new plat. The vacation will not impact any existing rights-of-way of adjacent public streets (North
Timberline Road, East Vine Drive, East Suniga Road, Merganser Drive (south of Suniga Road), Turnberry Road
or Conifer Street). The property is currently proposed to be replatted as Waterfield Fourth Filing.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On August 7, 2014, the Waterfield Third Filing plat was recorded, which included rights-of-way for Ouzel Drive,
Aleutian Drive, Muscovy Drive, Shearwater Drive, Cape Teal Drive, Merganser Drive, Mandarin Drive, Rosybill
Drive, Goslyn Drive, Garganey Drive and Black Scoter Drive. Since approval of the plat, the property owner has
decided to sell the property to Thrive Homebuilders. The City is currently processing a Final Development Plan
for the Waterfield property (Waterfield Fourth Filing) proposed by Thrive Homebuilders. Thrive Homebuilders is
proposing a revised street and lot layout from what was previously approved and dedicated with Waterfield Third
Filing. The existing internal road right-of-way needs to be vacated in order for the proposed Waterfield Fourth
Filing plat to be approved and recorded. The Waterfield Fourth Filing Amended Project Development Plan
(PDP180009) was approved through a Type 1 Administrative Hearing held on January 10, 2019.
PUBLIC OUTREACH
An email requesting input was sent to utility providers, potentially impacted City departments and property
owners. No objection to the proposed vacation was made by any of the parties notified.
ATTACHMENTS
1. Location map (PDF)
ATTACHMENT 1
COPY
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ORDINANCE NO. 114, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF RIGHTS-OF-WAY DEDICATED
ON THE WATERFIELD THIRD FILING PLAT
WHEREAS, the Waterfield Third Filing subdivision plat included dedication to the public
of rights-of-way for Ouzel Drive, Aleutian Drive, Muscovy Drive, Shearwater Drive, Cape Teal
Drive, Merganser Drive (north of Suniga Road), Mandarin Drive, Rosybill Drive, Goslyn Drive,
Garganey Drive and Black Scoter Drive (collectively the “Rights-of-Way”); and
WHEREAS, Thrive Homebuilders (acting on behalf of the property owner, Parker Land
Investments, LLC) filed an application with the City Engineer in accordance with City Code
Section 23-115 requesting that the City vacate the Rights-of-Way to facilitate a change in the
development plan and filing of a new subdivision plat to be known as “Waterfield Fourth Filing”;
and
WHEREAS, the Rights-of-Way are no longer necessary or desirable to retain for street
purposes; and
WHEREAS, pertinent landowners, City agencies, and private utility companies have been
contacted and reported no objection to the proposed vacation; and
WHEREAS, in accordance with City Code Section 23-115, the City Engineer has
recommended to the Planning Development and Transportation Director that the Rights-of-Way
be vacated and the Director recommends to Council that the request for vacation be approved; 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 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 Rights-of-Way, 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;
(2) this Ordinance shall be recorded concurrently with the subdivision plat for
Waterfield Fourth Filing; and
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(3) if this Ordinance is not so recorded by January 10, 2022, then this Ordinance shall
become null and void and of no force and effect.
Introduced, considered favorably on first reading, and ordered published this 17th day of
September, A.D. 2019, and to be presented for final passage on the 1st day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of October, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk