First Reading of Ordinance 4179 was considered and approved by the Council at its October 20, 2021 regular meeting. Accordingly, at this time, this Item is being presented for Second and final Reading.

The application is a proposed amendment to the Code of Ordinances Chapter 29, Section 29-66 “Relocation and Use of Public Rights-of-Way”, in order to change the section title, insert a purpose statement, intent and definitions sections, provide a process for the abandonment of public rights-of-ways, clarify the criteria for relocation of rights-of-way, and provide for applicability, conflicts, severability and codification, and providing for an effective date.  The Ordinance is applicable city wide. This proposed amendment to the code of ordinances is being brought forward as an initiative of the administration, partially in response to increased development pressure in the City.  Because land is at a premium it is not uncommon for project proponents to express interest in abandoning rights-of-way that fall within their project perimeter in order to have more usable developable area.  Typically rights-of-way have a public purpose in that they may provide vehicular or pedestrian access to a destination for the public or a travel route to another location.  Rights of way also frequently have utilities (water, sewer, drainage) located within the boundary of the right-of-way.  The most common right-of-way is a road.  Administration is interested in establishing a process for consideration of right-of-way abandonment requests and would like to establish a mechanism for the City to be reimbursed for the real property that is essentially being transferred to the project proponent to increase the developable area.