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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2008 - SECOND READING OF ORDINANCE NO. 030, 2008, AUTHORI ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: March 18, 2008 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT Second Reading of Ordinance No. 030,2008,Authorizing the Dedication to the County of Certain City-Owned Property as Tilden Street Road Right-of-Way. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The City owns a parcel of land at 2313 Kechter Road as part of the City's Land Bank Program. The developer of the adjacent property, located at 2309 Kechter Road,has proposed the City dedicate a strip of right-of-way on the City's property for use as part of the Kechter Crossing Development. The developer, Savant Homes, Incorporated, has agreed to cover all costs associated with the construction of the road and processing of the road dedication. The constructed road will then be available to be used as part of the future development on the City's property. This Ordinance, unanimously adopted on First Reading on March 4,2008,authorizes the dedication of right-of-way. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 4, 2008. (w/o original attachments) ATTACHMENT I ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: March 4, 2008 FORT COLLINS CITY COUNCIL FF: Lindsay Kuntz Ilk SUBJECT First Reading of Ordinance No. 030, 2008, Authorizing the Dedication to the County of Certain City-Owned Property as Tilden Street Road Right-of-Way. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Savant Homes,IncorporatedCol s a processing of the road dedication and construction of the roadot ng for dedication since the City will no longer have to bear the cost ed whe City's property develops in the future. EXECUTIVE SUMMARY The City owns a parcel of land at 2313 Kechter Road as part of the City's Land Bank Program. The developer of the adjacent property, located at 2309 Kechter Road, has proposed the City dedicate a strip of right-of-way on the City's property for use as part of the Kechter Crossing Development. The developer, Savant Homes, Incorporated, has agreed to cover all costs associated with the construction of the road and processing of the road dedication. The constructed road will then be available to be used as part of the future development on the City's property. BACKGROUND Savant Homes, Incorporated, is eveloping a 28-acre parcel ocated at 2309 Kechter Road. The City's Affordable Housing Department owns the adjacent property at 2313 Kechter Road which was purchased as part of the City's Land Bank Program in 2006. Both properties are located in the County,outside City limits. Savant Homes,Incorporated has requested the City dedicate a twenty- eight foot wide area of road right-of-way on the City's property which will be used as part of the right-of-way area for Tilden Street as shown on the plat for its development,Kechter Crossing. The constructed road will then be available to be used as part of the future development on the City's property. The developer has agreed to be responsible for all costs to construct the road, move the March 4, 2008 -2- Item No. 20 existing fence on the City property, oversizing the stormwater pipes to handle flows for later developments, as well as, detain all storm water flows from the new road on their property. The items that the developer has agreed to will be included as part of its County development agreement for Kechter Crossing. Affordabl in St t ff,-on d Planning staff have reviewed and agreed to the request for UDY r d t -rGay. ATTACHMENTS 1. Location Map. COPY ORDINANCE NO. 030, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DEDICATION TO THE COUNTY OF CERTAIN CITY-OWNED PROPERTY AS TILDEN STREET ROAD RIGHT-OF-WAY WHEREAS, the City is the owner of property located at 2313 East Kechter Road in Fort Collins, Colorado (the "City Property"); and WHEREAS, the City Property was purchased in 2006 as part of the City of Fort Collins Land Bank Program to be developed in the future as an affordable housing project; and WHEREAS, Savant Homes, Incorporated ("Developer") is the developer of Kechter Crossing, which is a twenty-eight acre property adjacent to the City Property (the "Development"); and WHEREAS, the City Property and the Development are both located in Latimer County, outside the City limits; and WHEREAS, the Developer has asked the City to dedicate as public road right-of-way, to be used by the Development, a portion of the City Property directly adjacent to the Development, as described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Developer has agreed to oversize the stormwater pipes to be located in the right-of-way, pay all costs associated with the construction of the road, and detain all stormwater flows from the constructed road in the Development; and WHEREAS, City staff has determined that when the City Property is developed in the future, it will benefit from the constructed road; and WHEREAS, City staff will work with the County and the Developer to ensure that the Developer's obligations regarding the road are either made conditions of the County's approval of the Development, or are addressed in a separate agreement between the City and the Developer; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the dedication to the County of the property described on Exhibit "A" as public road right-of-way for Tilden Street is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute documents of dedications, in a form approved by the City Attorney, to convey the property described on Exhibit "A" as public road-right-of-way upon terms and conditions consistent with this Ordinance, together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary changes to the legal description of the property to be dedicated, as long as such changes do not materially increase the size or change the character of the dedicated property. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2008, and to be presented for final passage on the day of March, A.D. 008. Mayo ATTEST: %LLk VM4'mi City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2008, Mayor ATTEST: City Clerk