HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2009 - FIRST READING OF ORDINANCE NO. 109, 2009, AUTHORIZ ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: October 20, 2009
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Lindsay Kuntz
SUBJECT
First Reading of Ordinance No. 109, 2009, Authorizing the Conveyance of a Non-Exclusive
Drainage Easement on the Gustav Swanson Natural Area to Urban Development Partners, LLC.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
At its October 14, 2009 meeting, the Land Conservation and Stewardship Advisory Board will
review the plans for the easements and its recommendation will be provided to Council before First
Reading on October 20.
FINANCIAL IMPACT
No negative financial impact is expected from this action.
The applicant has agreed to pay $1,400 in total compensation to the City's Natural Areas Program
for the easement. The fee includes the $500 application fee pursuant to the requirements of the
City's Natural Areas and Open Lands Easement Policy
EXECUTIVE SUMMARY
Urban Development Partners, LLC (the "Developer") is proposing to build an industrial/office
development which is commonly known as the Inverness Innovation Park (the "Project"), located
on East Vine Drive and north of the City's Gustav Swanson Natural Area(the"Natural Area"). The
storm drainage in this area has historically flowed to the Cache La Poudre River. In the spring of
2009, the Developer requested a small drainage easement and access easement on the Natural Area
to construct the stormwater improvements needed for the Project. On April 21, 2009, Council
adopted Ordinance No. 031,2009,authorizing these easements. In that Ordinance,the City reserved
the right to require additional storm water management improvements if further,review of the
Development indicated additional storm water improvements were necessary. As the Project has
moved through the City approval process, the need for an additional drainage easement across the
Natural Area has been identified. As recommended by staff, the Developer is now requesting a
drainage easement across the Natural Area to allow for stormwater flows in case of storm events
larger than a 100-year flood event.
October 20, 2009 -2- Item No. 18
BACKGROUND
As part of the Project, the Developer is proposing a multi-use stormwater management pond
consisting of detention and infiltration for both flood control and water quality purposes. The pond
will be designed to contain the entire 100-year runoff event, so the pond will have no surface
discharge from the 100-year or more frequent storm. Staff has been supportive of this proposed
approach; however; there is some concern that storm events larger than the 100-year or other
emergency events may cause overtopping of the pond and subsequent flows towards the Natural
Area. In that event, stormwater flows would travel through the Natural Area towards the Poudre
River.
As recommended by staff, the Developer is now requesting a storm drainage easement across the
Natural Area to allow for stormwater flows in case of storm events larger than a 100-year flood
event. In the event that the proposed pond is overtopped, the entire area is likely to be underwater
from the river itself.
The proposed non-exclusive drainage easement will encompass approximately the north 4.16 acres
of the Natural Area. Since no installation of improvements is necessary for this easement,and since
stormwater has historically flowed across the Natural Area which lies entirely within the 100-year
floodplain, there are no anticipated ecological impacts to the property by granting this easement.
The City's Stormwater Department has evaluated and approved the applicant's request. The Land
Conservation and Stewardship Board will review the request on October 14, 2009 at its regular
meeting and its recommendation will be provided to Council before the October 20 meeting.
ATTACHMENTS
1. Location Map
Attachment 'I
Gustav Swanson Natural Area
Drainage Easement Location Map
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ORDINANCE NO. 109, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE
EASEMENT ON THE GUSTAV SWANSON NATURAL AREA TO
URBAN DEVELOPMENT PARTNERS, LLC
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 Cache La
Poudre River; and
WHEREAS, On April 21, 2009, the City Council passed Ordinance No. 031, 2009,
authorizing the granting of two access easements and one drainage easement on and across the
City Property to UDP; and
WHEREAS, since that time, UDP has determined that it will need an additional drainage
easement on and across the City property; and
WHEREAS, UDP has represented to City staff that the current drainage plan for the
Development, which includes a pond for stormwater detention and infiltration, will retain 100%
of storm water on the UDP Property under conditions up to 100-year flood levels; and
WHEREAS, in the event that the proposed pond is not able to contain the excess
stormwater flows during a particular flood event, UDP desires to deliver excess stormwater from
the Development across the City Property to the Poudre River; and
WHEREAS, UDP has requested a non-exclusive drainage easement for stormwater
discharge from the UDP Property during events larger than a 100-year flood event across the
north 4.16 acres of the City Property; and
WHEREAS, the proposed easement is shown and described as "Drainage Easement No.
1 " on Exhibit"A," attached and incorporated herein by this reference (the "Easement"); and
WHEREAS, City staff has determined the Easement would not adversely impact the
City's use of the City Property as a natural area; and
WHEREAS, UDP has agreed to pay $1,400, which includes a $500 application fee, to the
City's Natural Resources Department for the Easement; and
WHEREAS, at its regular meeting on October 14, 2009, the Land Conservation and
Stewardship Board reviewed and approved the conveyance of the proposed Easement; 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 Easement 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 Easement to UDP on terms and conditions consistent with this
Ordinance, along 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
Easement, as long as such changes do not materially increase the size or change the character of
the Easement.
Introduced, considered favorably on first reading, and ordered published this 20th day of
October, A.D. 2009, and to be presented for final passage on the 3rd day of November, A.D.
2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 3rd day of November, A.D. 2009.
Mayor
ATTEST:
City Clerk
Exhibit "A"
Page 1 of 2
Drainage Easement No. 1 on Gustav Swanson Natural Area
Considering the north line of Section 12, Township 7 North, Range 69 West of the 6ch
P.P. as bearing S 89 degrees 46 minutes E, and with all bearings herein relative therto;
beginning at a point which bears S 89 degrees 46 minutes E 430.00 feet; and again, S 00
degrees 14 minutes W 370.58 feet from the Northwest corner of said Section 12, said
point of beginning being a chiseled cross on the northerly face of the concrete headgate
structure of the Coy Ditch, at a point 1.00 foot north 71 degrees 47 minutes west from the
southeasterly end of the southeasterly wing of the said structure; thence N 00 degrees 14
minutes E 53.69 feet; thence N 36 degrees 31 minutes east 101.40; thence N 00 degrees
14 minutes E 55.06 feet; thence S 89 degrees 46 minutes E 832.05 feet to the east line of
the Northwest Quarter of the Northwest Quarter of said Section 12; thence along said
line, S 00 degrees 03 minutes E 42.88 feet to a point on the northerly line of the right-of-
way of the Colorado and Southern Railroad, which point is a point on a curve, to the left,
whose radius bears S 23 degrees 59 minutes E 980.37 feet and whose long chord bears S
61 degrees 20.5 W 159.1 feet from said point; thence along the said curve, southwesterly,
a distance of 160.19 feet to the end of said curve; thence along the north line of said
right-of-way, S 56 degrees 40 minutes W 372.87 feet; thence N 00 degrees 14 minutes
east 104.73 feet; thence N 89 degrees 46 minutes W 100.00 feet; thence S 00 degrees 14
minutes W 80.38 feet to a point on the northerly bank of the Cache la Poudre River;
thence on a line which is the approximate average of the meandering river bank,N 71
degrees 47 minutes W 360.45 feet to the point of beginning; together with a permanent
easement for ingress and egress to the public, over and across the East 20.00 feet of the
West 804.75 feet of the South 145.00 feet of the North 180.00 feet of the Northwest
Quarter of the Northwest Quarter of said Section 12, and subject to right of way of
record.
SKETCH
A TRACT OF LAND LOCATED IN SECTION 12, TOWNSHIP 7 NORTH, RANGE 69
NW CORNER SECTION 12-7-89 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF FORT COLLINS, COUNTY
RECOVERED 3.25' CDOT BRASS CAP OF LARIMER9 STATE OF COLORADO
IN MONUMENT BOX
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No. 1
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AREA - 3039 S.F.
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AREA = 181.155 S.F. CA-159.59
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DRAWING BY
BYARP
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APPROXIMATE O O FIELD BOOKS 17,21
Scale: 1 = 1 Q O' EDGE OF WATER h PROJECT 09003
100 50 o 100 IPERKINS LAND SURVEYING, INC.
NOTE: THIS DRAWING IS ONLY A GRAPHICAL
REPRESENTATION OF THE ATTACHED 171 NORTH COLLEGE AVENUE
PROPERTY DESCRIPTIONS AND IS NOT A
Graphic Scale in Feet LAND SURVEY PLAT OR IMPROVEMENT FORT COLLINS, COLORADO 80524
SURVEY PLAT.
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