HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/24/2009 - FIRST READING OF ORDINANCE NO. 031, 2009, AUTHORIZ ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: March 24, 2009
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Brian Pederson
SUBJECT
First Reading of Ordinance No. 031, 2009, Authorizing the Conveyance to Urban Development
Partners, LLC of a Non-Exclusive Drainage Easement and a Non-Exclusive Maintenance Access
Easement on the City Owned Gustav Swanson Natural Area Property.
RECOMMENDATION
6
Staff recommends adoption of the Ordinance on First Reading.
At its March 11, 2009 meeting, the Land Conservation and Stewardship Board reviewed the plans
for the easements and recommends approval of the easements by City Council.
FINANCIAL IMPACT
No negative financial impact is expected from this action.
As required by the City's Natural Areas and Open Lands Easement Policy and the Natural Areas
General Resource Protection and Restoration Standards, the applicant has agreed to pay $3,873 in
total compensation to the City's Natural Areas Program for the easements and initial restoration.
The fee includes the $500 application fee, which has been received.
EXECUTIVE SUMMARY
Urban Development Partners, LLC is proposing to build an industrial/office development which is
commonly known as the Inverness Innovation Park. The development is planned to include four
buildings on approximately 7.6 acres situated on the north and south sides of Vine Drive,
approximately 1/4 mile east of College Avenue.
The portion of the proposed development on the north side of Vine Drive encompasses the property
at 500 East Vine Drive, which was the former home of a Waste Management Company operation.
The portion on the south side of Vine Drive is located at 213 East Vine Drive. The south parcel is
adjacent to the Gustav Swanson Natural Area.
March 24, 2009 -2- Item No. 11
BACKGROUND
Gustav Swanson Natural Area was acquired in 1955 by Utilities in connection with the land acquired
for the old power plant site The proposed project area is located on the northern portion of the
property between the existing railroad bed, an Xcel natural gas facility, the Poudre River, and
existing development along Vine Drive. Vegetation found in this area is dominated by non native
vegetation (smooth brome, reed canary grass) and contains an abundance of leafy spurge and
Russian Olive (State List B noxious plants). Also found on the site are two small ponds,the Coy
Ditch, and a narrow riparian zone along the Poudre River. While situated in close proximity to
nearby commercial related development,Gustav Swanson provides important wildlife habitat along
the Poudre River within this urban setting.
The applicant's property historically drained to the Poudre River. The natural path for historical
flows was constrained by the construction of the Coy Ditch,which is partially situated on the City's
property. Since the City's Gustav Swanson Natural Area property is situated between the
applicant's property and the river,the applicant needs to obtain the requested storm drainage related
easements to construct the proposed commercial development.
The applicant's engineer has presented several alternatives regarding the most effective way to
handle storm water drainage from the proposed development. The alternatives include two options
for piping the drainage across the Gustav Swanson Natural Area to the river, directing the storm
water drainage into the Coy Ditch, and retaining the storm water on the applicant's site within an
infiltration based detention pond.
The infiltration based detention pond was recommended by the applicant's engineer. The City's
Utilities Department has evaluated this option and feels it is viable based on the current level of
engineering available for consideration. The detention pond will be designed to retain a 100 year
flood event and slowly release the collected storm water back into the ground without directing the
water onto neighboring properties. However,in the event of two closely timed precipitation events
which combined exceed the 100 year storm design,storm water will flow through the pond back into
the historic floodway that crosses Gustav Swanson Natural Area and into the Poudre River. The
potential for this series of events is the reason for the drainage related easements on the Gustav
Swanson Natural Area.
To help direct floodwater to the river through a structure designed to withstand high flow rates, an
existing spillway found within the drainage easement area will be modified. This includes removal
of existing rock rip rap and lowering the spillway elevation approximately one foot. Rock rip rap
will be replaced, covered with soil and planted to native vegetation. The construction activities
would be limited to the proposed non-exclusive drainage easement encompasses approximately
3,039 square feet. Access to the site will be limited to the 12,149 square foot non-exclusive
maintenance access easement.
If the easements are granted, the Grantee will have the limited right to use the access easement on
the property for future maintenance, replacement, and repairs of the spillway improvements, as
necessary. The easement would require that any such future access or maintenance activities be
coordinated and supervised through the City's Natural Resources Department. It would also provide
for repair and restoration of any damage which might be caused by future access and repair
activities.
March 24, 2009 -3- Item No. 11
Ecological impacts to the Natural Area from the drainage improvements will be minimal. All
vegetation impacted by access to and construction of the spillway will be restored as outlined in the
Resource Protection Standards. Further,Urban Development Partners,LLC has proposed to restore
a portion of Gustav Swanson outside of the access and permanent easement to enhance resource
values found within the 200-foot buffer zone along the Poudre River. Efforts will focus on
removing non native species of grasses and forbs and replacing them with a native mix of grasses,
forbs, trees, and shrubs. Site selection was based on the proximity to the easement area, the need
to increase habitat values within the 200-foot river buffer and along the south edge of West Coy
Pond, and the opportunity to enhance the view shed of the project area when viewed from the
existing trail system on the south bank of the Poudre River(See Attachment 3).
The easements request was approved at the Land Conservation and Stewardship Board Meeting held
on March 11, 2009.
ATTACHMENTS
1. Location Map.
2. Land Conservation and Stewardship Board minutes, March 11, 2009.
3. Drainage Easement Site Plan.
(31512009) Brian Pederson -GustovSwansonNAStormDrainageEsmntBP.jpg Page 1
ATTACHMENT 1
Gustav Swanson Natural Area
Drainage Easement and Maintenance
Access Easement Location Map
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ATTACHMENT
Land Conservation and Stewardship Board
Wednesday, March 11, 2009
Drainage and Access Easement Request across Gustov Swanson Excerpt
• Figgs: Urban Development Partners, LLC is proposing a commercial industrial
office property development which will be known as Inverness Innovation Park.
The development will consist of four buildings on 7.6 acres situated on the north
and south sides of Vine Drive, approximately '/4 mile east of College Avenue.
Urban Development Partners, LLC is proposing to construct a storm water
detention pond located on private property designed to store a 100 year event. In
the event that two closely timed precipitation events occur, that when combined
exceed the 100 year design, storm water will flow through the pond into the
historic floodway that crosses Gustav Swanson Natural Area and into the Poudre
River. An existing spillway located within Gustav Swanson will be lowered
approximately one foot to allow the water to enter the Poudre River at a
designated and designed release point.
The easement request is for a permanent easement and an access easement on
Gustav Swanson Natural Area.
• Levitt: Buffers are coming from the natural features and habitats. The proposed
buildings, parking areas, and other project components are located outside of the
200 foot buffer zone to the Poudre River, but within the 50 foot buffer for Coy
Pond and Coy Ditch. Following approval of the project, a development
agreement is prepared to ensure that the project is built per the approved plans.
Any special concerns or conditions in respect to the natural area or natural
features can be included in the language of the development agreement to further
ensure the protection of all the resources within the construction area.
• Gaughan: Will that turn into a two track from the road?
• Figgs: It will be a two track during the project, and will be part of the restoration
project later on.
• DeBell: This would be a native vegetation area?
• Levitt: Yes, the planner and I will ensure that that is the only type of landscaping
in the area.
• Grooms: Are there any pollutant issues from the detention pond?
• Levitt: Any kind of development has to provide water quality for runoff. The
runoff would come from the 100 year event, other than that all drainage is going
into the detention pond.
• Figgs: The second part to this is that once we get into the 100 year event there
will be water everywhere.
• Haines: Will someone monitor the restored area after the work is completed?
• Levitt: This is called the development agreement, which is typically a 3 year
performance period.
• DeBell: Is the purpose of the buffers, water quality, and wildlife?
• Levitt: Yes, there are multiple uses for the buffer area.
• Haines: What types of businesses are planned for this area?
• Bello: The Rocky Mountain Incubator will be on the north side of the property. A
Bio Med user is looking at the west portion of the north side, and a Turbo Engine
Designer is looking at another portion. The south property does not have anyone
specific interested in the area.
• Haines: Can you make sure that the proposed businesses use 360 degree
architecture with their buildings.
• Levitt: They have to submit a building evaluation for approval as part of the
development. The architecture has to be compatible with the area, which has
actual zoning requirements in that zone district.
Grooms moved to recommend that City Council approve the conveyance of an access
easement and drainage easement across a parcel known as Gustav Swanson Natural Area to
the Urban Development Partners, LLC. Gaughan second. It was unanimously approved.
Attachment 3
Drainage Easement Site Plan Page 1 of 1
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ORDINANCE NO. 031, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO URBAN DEVELOPMENT PARTNERS, LLC OF
A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE
MAINTENANCE ACCESS EASEMENT ON THE CITY OWNED GUSTAV SWANSON
NATURAL AREA PROPERTY
WHEREAS, the City owns a certain parcel of real property located in the City of Fort
Collins, Larimer County, Colorado, known as the Gustav Swanson Natural Area (the "City
Property"); and
WHEREAS, Urban Development Partners, LLC ("UDP") is proposing the development
of a commercial office and industrial properties business park, which is presently referred to as
the Inverness Innovation Park (the "Development"), on private land adjacent to the northern
boundary of the City Property (the "UDP Property"); and
WHEREAS, the City Property is situated between the UDP Property and the Poudre
River; and
WHEREAS, UDP has represented to City staff that the drainage plan for the
Development will retain 100% of storm water on the UDP Property under conditions up to 100
year flood levels; and
WHEREAS, UDP desires to deliver excess storm water from the Development across the
City Property to the Poudre River; and
WHEREAS, UDP has requested a 3,039 square foot Non-Exclusive Drainage Easement
for construction of a spillway, and a 12,149 square foot Non-Exclusive Maintenance Access
Easement across a portion of the City Property; and
WHEREAS, the proposed easements are shown and described on Exhibit "A", attached
and incorporated herein by this reference (the "Easements"); and
WHEREAS, the proposed spillway would be constructed with rip rap material rather than
concrete or other material that would be aesthetically incompatible with the Natural Area; and
WHEREAS, the proposed spillway will be covered with soil and seeded to further
enhance the appearance of the structure and compatibility with the Natural Area; and
WHEREAS, UDP will repair any damage and restore any areas disturbed by the
construction or access to the construction area; and
WHEREAS, City staff has determined the Easements would not adversely impact the
City's use of the City Property as a natural resource; and
WHEREAS, UDP has agreed to pay $3,873, which includes a $500 application fee, to the
City Natural Resources Department for the easements and initial restoration; and
WHEREAS, the City reserves the right to require additional storm water management
improvements if further review of the Development indicates additional storm water
improvements are necessary; and
WHEREAS, at its regular meeting on March 11, 2009, the Land Conservation and
Stewardship Board reviewed the proposed Easements and recommended the City Council grant
them; and
WHEREAS, Section 23-111(a) 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 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 conveyance of the Easements to Urban Development Partners,
LLC, as set forth herein, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements on terms and conditions consistent with this Ordinance,
along with such additional items 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 24th day of
March, A.D. 2009, and to be presented for final passage on the 21st day of April, A.D. 2009.
Mayor
ATTEST:
City Clerk
-2-
Passed and adopted on final reading on the 21 st day of April, A.D. 2009.
Mayor
ATTEST:
City Clerk
-3-
EXHIBIT A
3/3/2009
PROPERTY DESCRIPTION: DRAINAGE EASEMENT
A tract of land situate in the Northwest Quarter of Section 12, Township 7 North,
Range 69 West of the 61h Principal Meridian, in the City of Fort Collins, County of
Larimer, State of Colorado more particularly described as follows, to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42"East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25"brass cap in concrete with no legible markings at the Northeast
Corner of said Northwest Quarter and with all bearings contained herein relative
thereto;
Commencing at said Northwest Corner; thence,along said North line, South 89°45'42"
East 680.00 feet; thence South 00'14'18" West 180.00 feet to the southwest corner of
that parcel described at reception number 2002007922; said southwest corner being on
the north line of that portion of the Gustav Swanson Natural Area described in Book
1004 at Page 67;thence, along said north line, South 89145'42" East 89.48 feet; thence
South 00°19'14"East 150.57 feet; thence South 40°32'09" West 32,05 feet; thence
South 87°02'10" West 155.42 feet; thence North 71°46'18"West 77.26 feet; thence
South 18°13'42"West 20.00 feet to the POINT OF BEGINNING; thence South
71°46'18" East 81.00 feet; thence South 18°13'42" West 37.52 feet to the southerly line
of said Gustav Swanson Natural Area;thence, along said southerly line,North
71046'18" West 81.00 feet; thence North 18°13'42"East 37.52 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 3,039 square feet or 0.070 acre,more or less
and is subject to all existing easements and rights of way of record or in place.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared from a combination of survey and
record information and that it is not to be construed as representing a monumented land survey.
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3/3/2009
PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS
EASEMENT 1
A tract of land situate in the Northwest Quarter of Section 12, Township 7 North,
Range 69 West of the 61h Principal Meridian, in the City of Fort Collins, County of
Larimer, State of Colorado more particularly described as follows,to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42"East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25"brass cap in concrete with no legible markings at the Northeast
Cotner of said Northwest Quarter and with all bearings contained herein relative
thereto;
Commencing at said Northwest Corner; thence, along said North line, South 89°45'42"
East 680.00 feet; thence South 00°14'l8" West 35.00 feet to the northwest corner of that
parcel described at reception number 2002007922; said northwest corner being on the
south right-of-way line of Vine Drive; thence, along said south right-of-way line, South
89°45'42" East 88.06 feet to the POINT OF BEGINNING; thence, continuing along
said right-of-way line, South 89'45'42" East 20.00 feet; thence South 00°19'14" East
145.01 feet to the south line of said parcel; thence, along said south line,North
89145'42" West 20.00 feet; thence North 00'19'14" West 145.01 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 2,900 square feet or 0.067 acre, more or less
and is subject to all existing easements and rights of way of record or in place.
SURVEYORS STATEMENT:
i,Alex.Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared from a combination of survey and
record information and that it is not to be construed as representing a monumented land survey.
Alex Rondall Per ins Colo o L. 3 6
3/3/2009
PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS
EASEMENT 2
A tract of land situate in the Northwest Quarter of Section 12, Township 7 North,
Range 69 West of the 61h Principal Meridian, in the City of Fort Collins, County of
Larimer, State of Colorado more particularly described as follows, to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42" East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25"brass cap in concrete with no legible markings at the Northeast
Corner of said Northwest Quarter and with all beatings contained herein relative
thereto;
Commencing at said Northwest Corner; thence, along said North line, South 89°45'42"
East 680.00 feet; thence South 00'14'18" West 180.00 feet to the southwest corner of
that parcel described at reception number 2002007922; said southwest corner being on
the north line of that portion of the Gustav Swanson Natural Area described in Book
1004 at Page 67; thence, along said north line, South 89°45'42" East 89.48 feet to the
POINT OF BEGINNING; thence, continuing along said north line, South 89°45'42"
East 20.00 feet; thence South 00'19'14" East 192.75 feet; thence South 87°02'10" West
199.25 feet; thence North 71°46'l8" West 81.00 feet; thence North 18°13'42"East
20.00 feet; thence South 71°46'18" East 77.26 feet; thence North 87°02'10" East 155.42
feet; thence North 40°32'09" East 32.05 feet; thence North 0099'14" West 150.57 feet
to the POINT OF BEGINNING.
The above-described tract of land contains 9,249 square feet or 0.212 acre,more or less
and is subject to all existing easements and rights of way of record or in place.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared from a combination of survey and
record information and that it i�` atitopl,1Q,c strued as representing a monumented land survey.
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