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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2006 - ITEMS RELATING TO SALE OF HERSH PROPERTY NATURAL A ITEM NUMBER: 13 A-B AGENDA ITEM SUMMARY DATE: September 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Wally Cameron SUBJECT Items Relating to Sale of Hersh Property Natural Areas Lands. RECOMMENDATION Staff recommends adoption of Ordinance No. 132, 2006, on First Reading. The passage of this Ordinance will allow the plat to be signed and recorded so that Lots 1-3 maybe sold as contemplated by Ordinance No. 125, 2006. Staff also recommends adoption of Ordinance No. 125, 2006, on Second Reading. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 132, 2006, Authorizing Execution of the Amended Plat Related to the Dedications of Public Rights-of-Way in the Amended Hersh Minor Residential Development No. 06-S2555 for the Benefit of the City of Fort Collins and the Natural Areas Program B. Second Reading of Ordinance No. 125, 2006,Authorizing the Sale of Lots 1, 2 and 3 of the Amended Hersh Minor Residential Development for the Benefit of the City of Fort Collins and the Natural Areas Program. Ordinance No. 132,2006 authorizes the execution of the amended plat related to dedications in the Hersh Amended Residential Development. The County requires that the amended plat dedicate all roads as public rights-of-way. Ordinance No. 125, 2006, unanimously adopted on First Reading on August 15, 2006, authorizes the sale of three reconfigured lots and one residence and a portion of the water rights from the 42.685 acre Hersh Property purchased in 2002 by the City for the Natural Areas Program. BACKGROUND The City of Fort Collins purchased a 27.465 acre site with an existing residence at 6021 South Shields Street for its Natural Areas Program in August 2002. The residence and other improvements were subsequently demolished. Concurrent with this purchase, the City purchased an adjoining 15.22 acres,configured into two lots,one of2.31 acres and the other 12.91 acres,which were created through a Larimer County MRD approved by the County Commissioners in June 1999. September 5, 2006 -2- Item No. 13 A-B The former 12.91 acre parcel (Lot 1 of the Hersh MRD) has an existing residence, with a current address of 1340 Midway Drive. The unimproved Lot 2 of the Hersh MRD contained 2.31 acres. These three residential sites were purchased by the City for the Natural Areas Program, assuming that it would be possible to re-cluster and re-configure the lots for residential purposes. The original purchase was made in order to preserve and increase the acreage(approximately 34.3 acres) of the Cathy Fromme Prairie Natural Area. The City followed a two-step Larimer County Land Use process to meet this goal. A Minor Land Division and Amended Plat were approved by Larimer County in June of this year whereby the three lots purchased were reconfigured as follows: Previous Configuration of Hersh Property Amended Plat of Subject Acreage 1 Residential Lot of 2.31 acres 1 Residential Lot of 2.56 acres 1 Residential Lot of 12.91 acres (improved) 1 Residential Lot of 2.67 (improved) 1 Residential Lot of 27.47 acres 1 Residential Lot of 2.54 acres 1 Non-development Lot of 34.34 acres As conditions of approval of the Amended Hersh Minor Residential Development,Larimer County requires certain infrastructure improvements,including water line extension from Shields Street to the lots and road improvements within the platted area. All such costs will be borne by the purchaser or purchasers of the lots, and the minimum acceptable selling price of each lot is calculated accordingly. The County will require that the Amended Plat dedicate all roads as public rights-of- way. Ordinance No. 132,2006 authorizes the City Manager to execute the Amended Plat containing the dedicated public rights-of-way may be recorded. Conclusion Staff strongly recommends authorizing both ordinances so that the plat can be recorded to allow the sale of Lots 1, 2, and 3 thereof. Such sale will recapture more than 50%of the original cost of this acquisition while meeting all the conservation purposes and goals of the Natural Areas Program for this purchase. ATTACHMENTS 1. Hersh Property Area Map 2. Plat of Amended Hersh Minor Residential Development No. 06-S2555 ATTACHMENT ! � < } < 7 _ y � lz - - g \ - - :e ■ < � � - U -- � Z - a - . \ ATTACHMENT t rp.m NOY.n,mT iffi0.!1' N W ]]'E iC]B JI' fill � 14 cb �ff�g 3 i 9 , f�ilt E F, r. b lit rtp � �J = E ! ] ° 0, ti I . 00e $ s 5 t 5t; . � � M is is` q 9_ cb CD S u 9 of 3!fE E ,o b d t a � lb o s . 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At its August 9th meeting,the Land Conservation and Stewardship Board voted unanimously to recommend the proposed sale for approval. FINANCIAL IMPACT Sale of the three 35-acre tractsLom angb r erty will subject to a minimum acceptable purchase price of$275,000 eaes tr at the mum acceptable price will result in a "value recapture" of$825,000, or 58% of the original fee purchase price of$1,417,500. The price per acre of conserving the 105 acres(allowing no more than three building envelopes)will be reduced from $13,500 per acre to less than $5,700 per acre. The Hersh property was purchased in 2002 for a total of$1,020,000, including$114,000 for water rights. Sale of the lots and residence, with a portion of the water rights, will be subject to a minimum acceptable price of $608,000 on an individual lot purchase basis and $550,000 if purchased in one transaction. Total "value recapture"when the three parcels are sold will decrease the cost per acre for this addition to Cathy Fromme Prairie Natural Area to about 50% of the original fee purchase, from about$23,700 per acre,including the water rights,to about$12,000 per acre, including about 30% of the water rights purchased in the original transaction. EXECUTIVE SUMMARY A. First Reading of Ordin e o. 4 0 Authori the Conveyance in Fee of the Vangbo Natural Areas Property Subject to a Conservation Easement for the Benefit of the City of Fort Collins and the Natural Areas Program. B. First Reading of Ordinance No. 125, 2006, Authorizing the Sale of Lots 1, 2 and 3 of the Amended Hersh Minor Residential Development for the Benefit of the City of Fort Collins and the Natural Areas Program. August 15, 2006 -2- Item No. 23 A-B The first sale authorization and approval is for three thirty-five acre parcels from the 105 acre Vangbo property purchased in August 2005. The property is located in the Timnath Community Separator area along the I-25 frontage,and was purchased from a willing out-of-state seller who was not interested in selling a conse e t t roperty was purchased in fee, with the intent of resale of the perty,s 'ect t se ti a ements granted to the City which will restrict development of ea arcel t spec c i ding a elope for the purpose of conserving open space in the Timnath Co it at Each will be subject to conservation easements, which will restrict any development which could be allowed under Larimer County zoning to a specific building envelope. (See Vangbo Area Map attached.) The second sale transaction is for the resale of three reconfigured lots and one residence and a portion of the water rights from the 42.685 acre Hersh Property purchased in 2002 by the City for the Natural Areas Program,with the intent to re-cluster and reconfigure the lots to sell for residential purposes. The original purchase was made in order to preserve and increase the acreage (approximately 34.4 acres)of the Cathy Fromme Prairie Natural Area. (See Amended Hersh Minor Residential Development Plat and Area Map attached.) BACKGROUND Vangbo Property «d The property was purchased p anVo a AreaYgof conserving open space in the Timnath Community Separator Area. The Vangbo property is considered a key parcel in the northwest quadrant of the separator, having significant frontage along 1-25 which had potential of future commercial development outside the City of Fort Collins Growth Management Area. The seller resides out of state, and had no interest in maintaining the fee ownership of the property subject to sale of a conservation easement to the City. The Natural Areas Program agreed to purchase the property in fee with the goal of selling three tracts, each containing a minimum of 35 acres, and each subject to a conservation easement limiting the development of each parcel to one primary residence and accessory buildings and/or other acceptable development allowed by Larimer County. The minimum acceptable selling price is based on recent sales and appraisals of property in the Timnath Separator Area. Hersh Property The City of Fort Collins purchas a 27.4 acre ' w' ting residence at 6021 South Shields Street for its Natural Ar s Pro in 2 e sidence and other improvements were subsequently demolishe Concu nt w urch the City purchased an adjoining 15.22 acres, configured into t lot ;o of .3 cres an he other 12.91 acres, which were created through a Larimer County MRD approved-by-the County Commissioners in June 1999. The former 12.91 acre parcel (Lot 1 of the Hersh MRD) has an existing residence, with a current address of 1340 Midway Drive. The unimproved Lot 2 of the Hersh MRD contained 2.31 acres. These three residential sites were purchased by the City for the Natural Areas Program, assuming that it would be possible to re-cluster and re-configure the lots for residential purposes. The original purchase was made in order to preserve and increase the acreage(approximately 34.3 acres)of the Cathy Fromme Prairie Natural Area. August 15, 2006 -3- Item No. 23 A-B The City followed a two-step Larimer County Land Use process to meet this goal. A Minor Land Division and Amended Plat were approved by Latimer County in June of this year whereby the three lots purchased were reconfigured as follows: Previous Configuration of sh P rty de t of Subject Acreage 1 Residential Lot of 2.31 acres esiden Lot of 2.56 acres 1 Residential Lot of 12.91 acres (improved) 1 Residential Lot of 2.67 (improved) 1 Residential Lot of 27.47 acres 1 Residential Lot of 2.54 acres 1 Non-development Lot of 34.34 acres As conditions of approval of the Amended Hersh Minor Residential Development,Latimer County requires certain infrastructure improvements, including water line extension from Shields Street to the lots and road improvements within the platted area. All such costs will be borne by the purchaser or purchasers of the lots, and the minimum acceptable selling price of each lot is calculated accordingly. The County will require that the Amended Plat dedicate all roads as public rights-of-way. An ordinance authorizing execution of the Amended Plat with the dedication will be presented to Council on September 5th. Conclusion p.. Staff strongly recommends ap vat of t sale arcel uch sale will recapture more than 50% of the cost of these acquisuGhi m 1 the co ervation purposes and goals of the Natural Areas Program for these acquisitions. Attachments 1. Vangbo Area Map 2. Amended Hersh Minor Residential Development Plat and Area Map ORDINANCE NO. 132, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF THE AMENDED PLAT RELATED TO THE DEDICATION OF PUBLIC RIGHTS-OF-WAY IN THE AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT NO. 06-52555 FOR THE BENEFIT OF THE CITY OF FORT COLLINS AND THE NATURAL AREAS PROGRAM WHEREAS, the City of Fort Collins through its Natural Resources Department, Natural Areas Program purchased three contiguous residential properties which total approximately 42.7 acres located in Larimer County, Colorado, (the "Hersh Property"); and WHEREAS,the Natural Areas Program purchased the Hersh Property in order to expand the Cathy Fromme Prairie Natural Area with a contiguous parcel; and WHEREAS, the Natural Areas Program has obtained Larimer County approval to reconfigure and cluster the Hersh Property residential lots to create one large undeveloped lot of 34.4 acres and three smaller lots, to be legally described as Lots 1, 2, 3, and 4 on an amended plat to be known as of the Amended Hersh Minor Residential Development No. 06-S2555 situate in the Northeast Quarter of Section 10, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado (the "Amended Plat"); and WHEREAS, City staff has recommended selling Lots 1, 2, and 3 of the Amended Hersh Minor Residential Development No.06-S2555 in order to recapture about one-half of the cost of the original purchase while meeting the Natural Areas Program goal of adding a significant adjoining acreage to the Cathy Fromme Prairie Natural Area; and WHEREAS, Larimer County requires that the Amended Plat dedicate all roads shown thereon as public rights-of-way and, accordingly,the Amended Plat contains the dedication of such rights-of-way; and WHEREAS, Section 23-111 of the City Code provides that only 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 will be for the benefit of the City's citizens and 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 execution of the Amended Plat will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to execute the Amended Plat, together with any necessary corrections to the legal descriptions thereupon that do not result in a material increase or change in character of the property dedicated as right-of-way determined by the City Manager, in consultation with the City Attorney, to be necessary to protect and advance the interests of the City. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of September, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 125, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF LOTS 1, 2 AND 3 OF THE AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT FOR THE BENEFIT OF THE CITY OF FORT COLLINS AND THE NATURAL AREAS PROGRAM WHEREAS, the City of Fort Collins through its Natural Resources Department, Natural Areas Program purchased three contiguous residential properties which total 42.7 acres located in Larimer County, Colorado, (the"Hersh Property"); and WHEREAS, the Natural Areas Program purchased the Hersh Property in order to expand the Cathy Fromme Prairie Natural Area with a contiguous parcel; and WHEREAS, the Natural Areas Program has obtained Larimer County approval to reconfigure and cluster the Hersh Property residential lots to create one large undeveloped lot of 34.4 acres and three smaller lots, now legally described as Lots 1, 2, 3, and 4 of the Amended Hersh Minor Residential Development situate in the Northeast Quarter of Section 10, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado; and WHEREAS, the sale of the two vacant and one improved re-configured and clustered lots (Lots 1-3 of the Amended Hersh Minor Residential Development, hereinafter referred to as "the Sale Parcels") will recapture about one-half of the cost of the original purchase while meeting the Natural Areas Program goal of adding a significant adjoining acreage to the Cathy Fromme Prairie Natural Area; and WHEREAS, City staff has estimated a minimum fair market value for the Sale Parcels, including the residence on Lot 1, at a total of$550,000, assuming that all costs of development required by Larimer County will be home solely by the purchaser or purchasers; 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 will be for the benefit of the City's citizens and 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 Sale Parcels, as set forth herein, will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Sale Parcels, upon the terms and conditions described above, together with such additional 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 corrections to the legal descriptions thereof that do not result in a material increase or change in character of the property conveyed. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2006, and to be presented for final passage on the 5th day of September, A.D. 2006. Mayor ATTEST: 61�4 NO-�- City Clerk Passed and adopted on final reading on the 5th day of September, A.D. 2006. Mayor ATTEST: City Clerk