HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/1999 - FIRST READING OF ORDINANCE NO. 141, 1999, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: August 17, 1999
FORT COLLINS CITY COUNCIL STAFF: Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 141, 1999, Authorizing the Conveyance of a 2.18 Acre Parcel to
Huntington Hills of Colorado, LLC, in Exchange for Approximately 20 Acres of Natural Area
Property Near Mail Creek and Fossil Creek.
RECOMMENDATION:
Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on First
Reading.
FINANCIAL IMPACT:
The exchange of land does not have a direct financial impact. The consolidated land area of
approximately 30 acres will be incorporated into the City's Natural Area system. Future
management of the property will be the responsibility of the City and will be borne by existing
funding in the Natural Areas Program.
EXECUTIVE SUMMARY:
This Ordinance authorizes a land exchange between the City of Fort Collins and Huntington Hills
of Colorado, LLC. As a result of the exchange, Huntington Hills will continue to own a 12-acre
parcel of land to be developed as the 7th filing of the Huntington Hills development. The City will
own a 30-acre parcel of land along Fossil Creek and Mail Creek that will be incorporated into the
Natural Areas System. The exchange provides for the consolidation of natural areas along the
creeks,enables a wider buffer zone between development and the creeks,and facilitates future plans
for public trails, environmental interpretation, and habitat enhancement in the vicinity. The
agreement also provides for appropriate street and utility easements for the future development of
the land retained by Huntington Hills.
BACKGROUND:
The City of Fort Collins has entered into a contractual agreement with Huntington Hills of Colorado,
LLC for the exchange of land owned by the City for property owned by Huntington Hills. The
L
ment is contingent on approval by the City Council. The purpose of the agreement is to
ne the land area to be developed in the future as Huntington Hills Filing 7 in order to achieve
r development setbacks from Mail Creek and Fossil Creek and to consolidate a larger
uous area of public natural area in the vicinity. The agreement also provides for appropriate
DATE: August 17, 1999 2 ITEM NUMBER: 19
street and utility easements to facilitate the future development of the land retained by Huntington
Hills,if final approval is granted by the Planning and Zoning Board. The agreement is the result of
over a year's planning and negotiation between City staff, Huntington Hills, and the prospective
developer, Andover Development Group.
The area of the proposed land exchange is in the southeast quadrant of Fort Collins,east of College
Avenue, in the area between Mail Creek and Fossil Creek (see map). The area is adjacent to the
City's site for the future Fossil Creek Community Park. The land is currently undeveloped,but has
been included as part of two large developments that have been underway since the early 1980's -
Huntington Hills and Oak-Cottonwood Farm (generally known as Miramont). Protection of the
stream corridors of Mail Creek and Fossil Creek was not an important issue during the early
planning of these developments,but has assumed greater importance over the past several years as
the community has stressed the importance of natural areas protection and the City has developed
both land acquisition and regulatory programs to achieve greater protection of stream corridors and
other natural areas.
The concept of the land exchange was introduced by Natural Resources staff about a year ago when
prospective developers began the conceptual review process for two adjacent parcels of land located
between Mail Creek and Fossil Creek - Parcel J of Huntington Hills and Parcel L of Miramont.
Early in the review process,it became apparent that there would be significant conflicts between the
development proposals as they had previously been approved at the Overall Development Plan stage
and the community's current expectations for resource protection along stream drainages. For
example,the Huntington Hills project anticipated development as close as 50 feet to Fossil Creek
and the Miramont project anticipated development within 75 feet ofMail Creek and the construction
of a bridge and local street connection across Mail Creek. The Land Use Code would protect at
least a 100-foot setback from both streams.
After conceptual review comments were received,the prospective developers ofthe Miramont parcel
indicated their interest in selling the property to the City at a very reasonable price. Staff contacted
the Huntington Hill developers to explore their interest in reconfiguring their development parcel
in order to achieve greater levels of natural area protection along both stream corridors. Staff asked
them if the City acquired the Miramont parcel,would the Huntington Hills developer then be willing
to exchange a portion of their land in order to achieve greater setbacks from Fossil Creek. The
concept was enthusiastically received, and the developer,Andover Development Group, prepared
its development application using a revised parcel definition that consolidated the residential density
in a smaller land area and moved the development farther away from Fossil Creek. Their
development proposal reduced the area of development land from approximately 24 acres to 12 acres
and increased the setback along both creeks to a minimum of 175 feet and more than 300 feet in
many areas. In addition, the negotiation process led to an agreement in which the City would
exchange 2.18 acres of land for 19.66 acres.
During the development review process,the natural areas protection elements of the plan received
strong support from surrounding neighborhoods and from the Planning and Zoning Board. Certain
transportation elements of the project were,however, controversial. Partly to address City natural
resource concerns,the developer proposed eliminating the local street connection into Miramont
across Mail Creek on Highcastle Drive. Instead, the local street connection was proposed as an
extension of Roma Valley Drive to Fossil Creek Parkway, using the existing bridge across Mail
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DATE: August 17, 1999 3 ITEM NUMBER: 19
Creek. Many residents of Miramont expressed a strong preference for eliminating the street
connection entirely, or keeping the original street configuration.
The development proposal for 224 multi-family units on 12 acres received preliminary approval
from the Planning and Zoning Board on April 1, 1999. The change in the proposed street
configuration was approved by City Council in May 1999. The final development proposal is
expected to be considered by the Planning and Zoning Board later this fall. j
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Although the land exchange was conceived and negotiated during the development planning and
review process,it is not contingent on any development approval. The City acquired the Miramont
parcel on August 11, 1999 and Huntington Hills will complete the land exchange even if the current
development proposal is not approved by the City.
If the land exchange is approved by Council,the consolidated parcel will be incorporated into the
City's natural area system. The land area has important values because it protects the stream
corridor and is part of a larger system of parks and natural areas in the immediate vicinity. The
parcels are located adjacent to the 100-acre Fossil Creek Community Park site and to privately-
owned natural area that was protected as part of the Fossil Creek Meadows development.
Collaborative planning and management by Natural Resources, Parks, and the Homeowners
Association will improve the habitat value of the land and stream corridors, and will provide
opportunities for habitat enhancement and restoration of degraded site environmental interpretation,
community involvement with neighborhoods and the nearby Werner Elementary School, andpublic
access via the Fossil Creek Trail system. Natural Resources staff expects to complete a habitat
restoration project on the City's property within the next two years and the City has commitments
of$15,000 each in cost sharing for the project from Huntington Hills,Andover Development Group,
and Miramont.
The proposed land exchange was reviewed in detail with the Natural Resources Advisory Board.
On February 3, 1999,the Board unanimously recommended approval of the land exchange.
ORDINANCE NO. 141, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A 2.18 ACRE PARCEL TO
HUNTINGTON HILLS OF COLORADO, LLC, IN EXCHANGE
FOR APPROXIMATELY 20 ACRES OF NATURAL AREA PROPERTY
NEAR MAIL CREEK AND FOSSIL CREEK
WHEREAS,the City has acquired a 12-acre site in the vicinity of the proposed Huntington
Hills Seventh Filing residential development in the City of Fort Collins; and
WHEREAS,the site contains a 2.18-acre parcel that City staff has determined is not critical
to the conservation of the natural area along Mail Creek and Fossil Creek, and which is desired by
the developer of Huntington Hills Seventh Filing, Huntington Hills of Colorado, LLC
("Huntington"),and is more particularly described on Exhibit"A" attached hereto and incorporated
herein by reference (the "Property"); and
WHEREAS, in exchange for the conveyance of the Property, Huntington has agreed to
convey to the City approximately 20 acres of additional natural area (the "New Property") in the
same vicinity,which property includes part of Mail Creek and is adjacent to the City's Fossil Creek
Park, and has been determined by City staff and the Natural Resources Advisory Board to have
substantial natural area value; and
. WHEREAS, the acquisition of the New Property will further the policy objectives of
providing neighborhood scale natural areas, stream corridor protection, enhancement of degraded
sites, and integration with parks and schools; and
WHEREAS, City staff has negotiated an agreement with Huntington pursuant to which
Huntington would convey to the City the New Property in exchange for the Property, subject to the
reservation of easements required for the development of Huntington Hills Seventh Filing, which
agreement is on file in the Office of the City Clerk(the "Agreement"); and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell interests
in real property owned in the name of the City, provided that the City Council first finds, by
ordinance,that such sale or other disposition is in the best interests of the City.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the exchange of the Property for the New Property, in accordance with the
Agreement, is in the best interest of the City.
Section 2. That the Mayor is authorized to execute such documents of conveyance as are
necessary for the City to sell and convey the Property to Huntington on the terns and conditions
described in the Agreement and in this Ordinance.
Introduced,considered favorably and ordered published this 17th day of August,A.D. 1999,
and to be presented for final passage on the 7th day of September, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed on final reading this 7th day of September, A.D. 1999
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
• PARCEL 1
OAKFARM TO CITY s`
CITY TO HUNTINGTON HILLS
A PARCEL OF LAND LOCATED IN SECTION 1, T6N, R69W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; BEING
'MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION i, SAID
POINT BEING MARKED BY A R6 REBAR WITH A 3'/4" ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 1. TO HAVE AN ASSUMED
BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A 96
REBAR WITH A 3'/4" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE N00°26'32"E, 250.19 FEET ALONG THE NORTH—SOUTH CENTERLINE
OF SAID SECTION 1;
THENCE S89°04'59"E, 115.29 FEET;
THENCE S00°55-01"W, 23.01 FEET;
THENCE S89°33'28"E, 77.41 FEET;
THENCE S00°26'32"W, 136.81 FEET;
THENCE S89°04'59"E, 287.05 FEET;
THENCE S00°55'01"W, 25.50 FEET;
THENCE S89°04'59"E, 226.56 FEET;
THENCE S75°55'13"E, 126.88 FEET;
THENCE S57°18'36"E, 53.76 FEET;
THENCE S89007'15"E, 63.82 FEET;
THENCE S49°26'13"E, 12.50 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 1;
THENCE N89°06'20"W, 948.05 FEET ALONG THE SAID SOUTH LINE OF
SECTION 1 TO THE POINT OF BEGDZNWG.
TOTAL AREA OF SAID DESCRIBED PARCEL i IS 2.18 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS—OF—WAY
OR RECORD OR THAT NOW EXIST ON THE GROUND.
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Natural Resources Advisory Board
February 3, 1999
Page 4
• • Sally Craig: Aren't they allowed with a variance from the water board? Yes, but it's
hard to get a variance.
• Donovan: The idea of real estate disclosure is fine, landlords should be required to
explain the danger.
• Harness: There was discussion about trying to do that a different way, maybe
something on the utility bill.
• Ohlson: People have a right to know, renters shouldn't be second class citizens.
• Friedman: Renters often don't have or want to spend the money for insurance of any
kind, especially flood insurance. You can look around and not even be aware that
you are in a flood plain. There should be some kind of disclosure, not voluntary, but
not realtor based. The City needs to take the lead in informing people.
• Donovan: We should recommend no development in the 100-year flood plain.
• Miller: We've been on record in the past, including no City owned facilities in
floodplains.
• Murpb : Rick and Randy are looking at this intently. I'm glad to hear we will have a
presentation. We're going to have to rely on Rick and Randy to let us know when we
need to chime in.
• Friedman: We should encourage the committee to dig its heels in the ground and
have resolve, and not let the construction community sway their opinion. Anyone
building in a flood plain incurs a huge cost to society.
• Harness: Any future comments can be e-mailed to me.
Land Use Code Revisions, Tom Shoemaker
Tom Shoemaker stated that he is here tonight to answer questions and receive feedback.
He would also like to get a final recommendation from the board. Shoemaker and the
Board reviewed the document page by page.
Don Rodriguez made the following motion:Move that we support the Land Use Code
revisions as brought forth today.
Kelly Ohlson made a friendly amendment, with which Rodriguez agreed, that the
following issues be addressed: 1) concerns about larger buffers, 2) acknowledge the large
amount of compromises and collaborative efforts that occurred, 3) acknowledge and
thank staff for the work that went into this document.
The amended notion passed unanimously.
Tom Shoemaker thanked the board for their efforts, and stated that this product would not
have been as good without their effort.
Fossil Creek/Huntington Hills Land Acquisition, Tom Shoemaker
Natural Resources Advisory Board
February 3, 1999
Page 5
Tom Shoemaker stated that he worked hard to get the costs of this proposal down, and
now strongly recommends the Board endorse this project.
The previous price of$313,000 has been reduced to$150,000, of which Parks will pay
$35,000. We will be going into the project with $75,000 for restoration.
Bill Miller made the following motion:Move that we recommend the Natural Resources
Department go forward with the acquisition of the Fossil Creek Natural Area, as per the
revised proposal.
The motion passed unanimously.
Natural Area Regulations, Tom Shoemaker
Tom Shoemaker reviewed changes made to the Natural Areas Regulations since the
board last reviewed them.
a 45 Removed the word"over" in reference.to flying kites.
a 96 Throwing objects—tried to capture that is referring to man made objects.
a #9 Horses—Clarified that the 10-feet limit is flexible in instances of imminent
danger and safety considerations.
a 417 New addition: Reckless or unsafe behavior by equestrians is not acceptable.
a 418 New addition:No depositing or scattering of cremated remains (human or
animal) without a permit.
Phil Friedman will attend the Council Study session Tuesday, February 9, 1999.
Tom Shoemaker stated these changes weren't necessary for enforcement, but they do
clear up potential misunderstandings.
Natural Area Philosophies
Postponed
Review Future Agenda Items:
March 17, 1999: Meadow Springs Ranch Update
Floodplain Task Force
April 7. 1999: River Corridor Plan
Committee Reports
Solid Waste Committee
The Solid Waste Committee held a meeting February 3, 1999. The discussion focused
around the need to move on from the districting issue. This will be an opportunity to
look at some new issues over the next couple years. Dan Sherman, from the Larimer
County Recycling Center, attended the meeting. Susie Gordon stated he is very