To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Julie Kirkpatrick, PLA, ASLA, Long Range Project Manager
Title
Ordinance Vacating a Portion of Second Street; and Providing for Its Emergency Adoption on First Reading
Body
______________________________________________________________________
PUBLIC HEARING
Ordinance Vacating a Portion of Second Street; and Providing for Its Emergency Adoption on First Reading
The Town Council will now consider a request for the approval of Ordinance Vacating a Portion of Second Street; and Providing for Its Emergency Adoption on First Reading.
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Julie Kirkpatrick, PLA, ASLA, Long Range Project Manager
Title: Ordinance Vacating a Portion of Second Street; and Providing for Its Emergency Adoption on First Reading
Executive Summary
Confluence Companies, the owner and developer of Riverwalk, is requesting a vacation of a small portion of Second Street to accommodate the expansion of an outdoor patio along the south property line of Riverwalk North. The Second Street right-of-way on the west side of Wilcox Street does not include street improvements due to the gulch. The Town trail is included within this right-of-way. However, the trail is not located within this proposed vacation area and would remain in Town ownership.
Budget Impact
There will be no budget impact, as the Town does not receive compensation for vacating right-of-way.
Staff Recommendation
Staff finds that Confluence Companies has demonstrated that the proposed right-of-way vacation is necessary to accommodate certain improvements related to the Riverwalk development project. Staff recommends approval of the proposed right-of-way vacation.
Proposed Motion
I move to approve the Ordinance as introduced by title.
Attachments
Attachment A: Ordinance