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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/20/2008 - SECOND READING OF ORDINANCE NO. 045, 2008, AUTHORI ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: May 20, 2008 FORT COLLINS CITY COUNCIL STAFF: John Stokes Wally Cameron SUBJECT Second Reading of Ordinance No. 045, 2008, Authorizing the Conveyance of Non-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments, Inc., on a Portion of the City-Owned Timnath Community Separator. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of the intersection of I-25 and Prospect Road,is requesting 4 non-exclusive drainage easements across the 105 acre City property formerly known as the Vangbo Property,located in the Timnath Community Separator Area, on the east side of the I-25 East Frontage Road. In addition, J-B Investments is requesting a 20-foot temporary construction easement adjacent to the 30-foot drainage easement contiguous to the northern boundary. This Ordinance, unanimously adopted on May 6, 2008, authorizes the conveyance of these easements. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 6, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: May 6, 2008 FORT COLLINS C O I S�AFF: John Stokes ( )LPN Wally Cameron SUBJECT First Reading of Ordinance No.045,2008,Authorizing the Conveyance of Non-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments, Inc., on a Portion of the City-Owned Timnath Community Separator. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and Stewardship Board recommended approval at its regular meeting of April 9, 2008. OP y FINANCIAL IMPACT No negative financial impact is expected from this action. Pursuant to the requirements of the City of Fort Collins Natural Area and Open Lands Easement Policy and the Natural Areas General Resource Protection and Restoration Standards, the applicant has paid the initial application fee of $500 and will be required to compensate the City Natural Areas Program $16,000 for the grant of these non-exclusive easements based on current land values as determined by City of Fort Collins Real Estate Services. In addition, the applicant will be required to compensate the City Natural Areas Program $500 for the grant of the temporary construction easement and $4,550 for the reclamation fee. EXECUTIVE SUMMARY J-B Investments, Inc., ownerCapp�oxUately2 loca in the southeast quadrant of the intersection of I-25 and Prospe in non-ex sive drainage easements on, over, and across the 105 acre City of Fort Collins property formerly known as the Vangbo Property, located in the Timnath Community Separator Area on the east side of the 1-25 East Frontage Road. In addition, J-B Investments is requesting a 20-foot temporary construction easement adjacent to the 30-foot drainage easement contiguous to the northern boundary. May 6, 2008 -2- Item No. 12 The requested easements are necessary for J-B Investments to meet Larimer County's development requirements for its 52-acre property to the north of the easement area. The drainage easement is necessary to accommodate historic drainage from the proposed development. BACKGROUND J-B Investments, Inc., owns approximately 52 acres located in the southeast quadrant of the intersection of I-25 and Prospect Roads. Future improvements planned for this site include buildings,asphalt parking areas,and possibly a fenced in area with a gravel surface for RV storage. Plans for these improvements are currently under review with Latimer County. As part of the project,detention ponds will hold runoff up to and including the 100-year storm event. Three detention ponds totaling 13 acre feet of storage will be located on the property owned by J-B Investments,Inc. Based on detention calculations,approximately 9.7 acre feet of storage is needed to contain the 100-year storm in the property's current condition. Once the site is fully developed an additional 3.3 acre feet of storage is needed to contain runoff from impervious surfaces such as asphalt parking areas. Release from the ponds will be at uut of 2 cfs will low h historical flow patterns to the south onto the City's property. a ap i t re es a o t.00nstruct three culverts under the existing access road and a ditc at wil eceiv h er re ed from the ponds and direct it to the south,following the historic ut 1 th ro rty. This ethod of detention and release will reduce the overall release rate while providing for the increase in runoff from the development of the site. The applicant will restore all areas disturbed by the construction of the drainage ditch as outlined in the City of Fort Collins Natural Area and Open Lands Easement Policy and the Natural Areas General Resource Protection and Restoration Standards. ATTACHMENTS 1. Minutes from the April 9,2008 meeting of the Land Conservation and Stewardship Board. 2. Vicinity Map. .,% ORDINANCE NO. 045, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT INTERESTS AND A TEMPORARY CONSTRUCTION EASEMENT FOR A DRAINAGE CHANNEL FOR J-B INVESTMENTS, INC., ON A PORTION OF THE CITY-OWNED TIMNATH COMMUNITY SEPARATOR WHEREAS, the City of Fort Collins owns a certain parcel of real property located in Larimer County, Colorado, in the Timnath Community Separator Area, known as the Vangbo Property (the "City Property"); and WHEREAS, J-B Investments, Inc., (the "Developer") must provide a drainage channel to function as an outlet structure for a required detention pond or ponds located on the development site as part of its development proposal; and WHEREAS, in order to provide and install the drainage channel, the Developer has requested a 30-foot wide non-exclusive drainage easement contiguous to an existing 30-foot access easement on the northern boundary of the City Property; and WHEREAS, the Developer has also requested three smaller drainage easements under the existing 30-foot access easement and a 20- foot Temporary Construction Easement; and WHEREAS, these easements are shown on and described in Exhibits "A-1" and "A-2" attached hereto and incorporated herein by this reference (collectively"the Easements"); and WHEREAS, the Developer has worked with City staff to coordinate the location of the Easements on the north property line of the City Property and within or contiguous to an existing non-exclusive easement area in order to minimize disturbance to the City Property; and WHEREAS, City staff has negotiated with the Developer an Easement Deed and Agreement, dated April 30, 2008, which is on file in the office of the City Clerk and available for public inspection (the "Easement Deed and Agreement"), and which includes specific conditions governing the operation, maintenance, and repair of the Easements; and WHEREAS, in exchange for the grant of the Easements, the Developer has agreed to pay to the City the fair market value of the Easements and to pay reclamation and administration fees, which have been determined to be a total of $21,550; and WHEREAS, staff recommends approval of the Easements, in view of the resource protection measures to which the Developer has agreed, as set forth in the Easement Deed and Agreement; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Deed and Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 6th day of May, A.D. 2008, and to be presented for final passage on the 20 ay of May, A.D. 2008. 4ay4147 ' ATTEST: City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2008. Mayor ATTEST: City Clerk