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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - SECOND READING OF ORDINANCE NO. 154, 2020, DECLARI Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY December 15, 2020 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 154, 2020, Declaring Certain City -Owned Property on Arapaho Bend Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 1, 2020, dedicates a strip of property owned by the Natural Areas Department (NAD) as road right -of-way (ROW) via the proposed Arapaho Bend Ponds Subdivision plat, and to authorize the City Manager to sign said plat. NAD is platting a 3.099 -acre parcel for the construction of a new trailhead parking lot. This project triggers the development review process and the requirement to dedicate additional road right-of-way for Strauss Cabin Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 1, 2020 (w/o attachments) (PDF) 2. Ordinance No. 154, 2020 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 1, 2020 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 154, 2020, Declaring Certain City-Owned Property on Arapaho Bend Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY The purpose of this item is to dedicate a strip of property owned by the Natural Areas Department (NAD) as road right-of-way (ROW) via the proposed Arapaho Bend Ponds Subdivision plat, and to authorize the City Manager to sign said plat. NAD is platting a 3.099-acre parcel for the construction of a new trailhead parking lot. This project triggers the development review process and the requirement to dedicate additional road right-of-way for Strauss Cabin Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION NAD owns the Arapaho Bend Natural Area which was acquired in six transactions between 1994 and 2014. The 545-acre property is a popular destination for wildlife watching, hiking, biking, boating, fishing, and horseback riding. The site has three miles of natural surface trails around five ponds, Rigden Reservoir and along the river, and two miles of the paved Poudre River Trail. Arapaho Bend is currently served by two formal parking lots: the north lot is at the north end of Strauss Cabin Road and south lot is the Harmony Transit Center lot. (Attachment 1) A third small unofficial lot exists off Strauss Cabin Road. The Strauss Cabin parking lots are at capacity most weekends and most evenings resulting in overflow parking along Strauss Cabin Road. In order to reduce safety issues with the overflow parking, NAD intends to eliminate the unofficial approximately 6-8 space parking lot and construct this third trailhead parking lot within the 3+ acre platted parcel to better accommodate existing and future parking needs. The parking lot will primarily serve the natural area, but it will also provide access to the Poudre River Trail, which will be connected under the I-25 Poudre River Bridge to the existing trail in Timnath in 2022. The new, approximately 33 space parking lot will have a gravel surface, paved ADA parking, a vault toilet and a paved connection trail to the paved Poudre River trail which will provide enhanced ADA access. Construction of the parking lot triggers the development review process, dedication of the road right of way and the payment of local street improvement fees in lieu of constructing the local street improvements. NAD has platted the area for the parking lot. The plat includes the dedication of a 500’-long, 12’-wide right of way along Strauss Cabin Road. This allows Planning to approve a minor amendment and limits NAD’s costs for local street fees in connection with the development of the parking lot to the 500’ foot parking lot frontage instead of the full mile of the natural area’s frontage along Strauss Cabin Road.   ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 Parks Planning is a partner in this parking lot project by providing the project management for the design and construction, which will be built at the same time as the Poudre Trail connection under I-25 to Timnath in 2021- 2022. The combined project will save NAD the cost of project management and will reduce the cost of design and construction. CITY FINANCIAL IMPACTS NAD will pay Transportation $114,000 to cover the cost of the local street fees for the 500’ of street frontage adjacent to the new parking lot. Transportation plans to use these funds to help construct sidewalk improvements on the north side of Harmony Road from Lady Moon Drive east to Strauss Cabin Road, which will provide pedestrian/bicycle access to Arapaho Bend from neighborhoods to the south and west. Environmental impacts are anticipated to be minimal: the vegetation in the area for the proposed parking lot is mostly non-native smooth brome grass. BOARD / COMMISSION RECOMMENDATION On September 10, 2020, the Land Conservation and Stewardship Board voted 6-1 to recommend that Council approve an Ordinance dedicating a strip of property owned by the Natural Areas Department (NAD) as road right-of-way (ROW) and to acknowledge a minor subdivision of Arapaho Bend Natural Area to plat a 3.099-acre parcel for the construction of a new trailhead parking lot. PUBLIC OUTREACH NAD updated the Management Plan for the Poudre River Natural Areas in 2011 after thorough Public Participation, which included the proposal to construct this new parking lot. On November 12, 2020, the Land Conservation and Stewardship Board was presented with information justifying the need for and the location of the proposed new middle parking lot (Attachment 2) as requested by the Board at their September and October meetings. After discussion the Board concluded that the parking lot was justified and was being proposed in the appropriate location. ATTACHMENTS 1. Parking Lot Plat (PDF) 2. Middle Parking Lot - Conceptual Sketch (PDF) 3. Land Conservation & Stewardship Board Minutes - September 2020 (Excerpt) (PDF) -1- ORDINANCE NO. 154 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY ON ARAPAHO BEND NATURAL AREA AS ROAD RIGHT-OF-WAY WHEREAS, the City owns 545 acres of property in southeast Fort Collins known as Arapaho Bend Natural Area (the “City Property”); and WHEREAS, the Natural Areas Department (NAD) is planning to enlarge and improve one of the parking lots serving the City Property as it is often at capacity, resulting in overflow parking along Strauss Cabin Road and resulting safety issues; and WHEREAS, the proposed construction project (the “Project”) would provide 33 parking spaces including paved ADA parking, a vault toilet, and a paved connection to the Poudre River trail; and WHEREAS, the Project triggers the City’s development review process, dedication of road right of way, and the payment of local street improvement fees in lieu of constructing the local street improvements; and WHEREAS, NAD has platted the three-acre site of the parking lot, which has only 500 feet of frontage along Strauss Cabin Road, and in doing so has limited the local street fees due in connection with development of the parking lot to the 500 feet attributable to the area that will actually be developed instead of the full mile of the City Property’s entire natural area frontage along Strauss Cabin Road; and WHEREAS, the proposed Arapaho Bend Ponds Subdivision plat, attached hereto as Exhibit “A” and incorporated herein by reference (the “Plat”), includes the dedication of a 500 foot-long, 12 foot-wide right-of-way along Strauss Cabin Road (approximately .14 acres) in the area indicated on Exhibit “A”; and WHEREAS, NAD will also pay the Transportation Department $114,000 in local street fees for the 500 feet of street frontage adjacent to the new parking lot; and WEHREAS, Transportation plans to use these funds to help construct sidewalk improvements on the north side of Harmony Road from Lady Moon Drive to Strauss Cabin Road, which will provide pedestrian/bicycle access to the City Property from nearby neighborhoods; and WHEREAS, converting a piece of property owned by the City in fee simple to right-of- way is tantamount to a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and -2- WHEREAS, the City Council determines that converting .14 acres of the City Property to right-of-way to facilitate the Project is in the best interest of the City and serves a Natural Areas purpose by providing improved facilities and access for public use of the City Property; and WHEREAS, at its regular meeting on September 10, 2020, the Land Conservation and Stewardship Board voted to recommend that the City Council approve the dedication of the right- of-way described herein. 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 declares that the real property described as a 12-foot right of way alignment on Exhibit “A” shall constitute right-of-way for Strauss Cabin Road and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 3. That the City Manager is hereby authorized to execute the final plat for the Arapaho Bend Ponds Subdivision, including dedication of the right-of-way as shown on Exhibit “A”, in substantially the form attached as Exhibit “A”, along with such modifications as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, so long as such modifications do not substantially increase the portion of the City’s property being dedicated as right-of-way. Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D. 2020, and to be presented for final passage on the 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk !"`$ E Ha r m o n y Rd E Horsetooth Rd Strauss Cabin RdMariah Ln Chinook Ln Arapaho Bend Natural AreaProposed Parking Lot Printed: April 16, 2019 0 250 500 750 1,000Feet 1:8,000Scale © Path: S:\Engineering\Projects\Capital Projects\Maps\Arapaho Bend Parking Lot\Arapaho Bend Parking Lot Vicinity Map.mxd CITY OF FORT COLLINSGEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only,and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Legend Arapaho Bend Proposed Parking Lot Arapaho Bend Parcel EXHIBIT A