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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/07/2006 - ITEMS RELATING TO THE PROVINCETOWNE P.U.D. FILING ITEM NUMBER: 12 A-B AGENDA ITEM SUMMARY DATE: November7, 2006 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT Items Relating to the Provincetowne P.U.D. Filing Three Development. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 169, 2006, Declaring Certain City-Owned Property in Provincetowne P.U.D. As Road Right-Of-Way. B. Second Reading of Ordinance No. 170, 2006, Authorizing the Conveyance of a Perpetual Drainage Easement and Temporary Construction Easement for the Provincetowne P.U.D. Filing Three Development Project. The developer of Provincetowne P.U.D.Filing 2,KB Homes Inc.,wishes to modify two cul-de-sacs in its development to connect with new roads included in the new Third Filing of Provincetowne P.U.D.. This modification would require the designation of a portion of Outlot I of Filing 2(future park site) as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement through the future park site for the benefit of the development. These Ordinances, unanimously adopted on First Reading on October 17, 2006, designate the right-of-way and authorize conveyance of the drainage easement and temporary construction easement. ITEM NUMBER: 21 A-B AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT I" C) 'P V Items Relating to the Provincetowne P.U.D. Filing Three Development. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. FINANCIAL IMPACT The developer has agreed to pay S10,475 for the drainage easement and temporary construction easement. n EXECUTIVE SUMMARY C�'` 0 P Y A. First Reading of Ordinance No. 169, 2006, Declaring Certain City-Owned Property in Provincetowne P.U.D. As Road Right-Of-Way B. First Reading of Ordinance No. 170, 2006, Authorizing the Conveyance of a Perpetual Drainage Easement and Temporary Construction Easement for the Provincetowne P.U.D. Filing Three Development Project. The developer of Provincetowne P.U.D.Filing 2,KB Homes Inc.,wishes to modify two cul-de-sacs in its development to connect with new roads included in the new Third Filing of Provincetowne P.U.D.. This modification would require the designation of a portion of Outlot I of Filing 2(future park site) as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement through the future park se or the benefit of the development. / P BACKGROUND As part ofthe Provincetowne P.U.D.Filing 2 development,the developer,KB Homes Inc.,dedicated two cul-de-sac areas called Bellewood Court and Eden Ridge Court as public rights-of-way. In its new development plan,Provincetowne P.U.D. Filing 3,the developer wishes to extend the two cul- de-sacs to connect with two new roads from the 3rd Filing, Snowy Plain Road and San Juan Road. This modification would require that certain areas in Outlot I,Provincetowne P.U.D.Filing 2,which was reserved by the City as a future neighborhood park site when the Provincetowne property was October 17, 2006 -2- Item No. 21 A-B conveyed by the City to the developer's predecessor,be designated by the City as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement on the future park site for the benefit of the development and a temporary construction easement to construct the easement and the right-of--way areas. �' The City Parks Department haCview d a o d the pl for the proposed right-of-way and easement areas. - ORDINANCE NO. 169, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY IN PROVINCETOWNE P.U.D. AS ROAD RIGHT-OF-WAY WHEREAS, Outlot I of the Provincetowne P.U.D. Second Filing Development (the "Property") is owned by the City of Fort Collins and designated as a future site for a neighborhood park; and WHEREAS, the developer has submitted plans for the Third Filing of the Provincetowne P.U.D (the 'Project") which will modify the roads surrounding the Property; and WHEREAS, the developer wishes to extend the two cul-de-sacs from the Second Filing called Bellewood Court and Eden Ridge Court to connect with two new roads from the Project, Snowy Plain Road and San Juan Road; and WHEREAS, modification of these two cul-de-sacs would require that a portion of the Property as described in Exhibits "A" and "B", attached hereto, be designated by the City as right-of-way (the 'Right-of-Way"); 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 Council hereby declares that the Right-of-Way described on Exhibits "A" and "B" hereto shall constitute right-of-way for Bellewood Court and Eden Ridge Court and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City of Fort Collins. Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder regarding the Right-of-Way upon final adoption. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. IL Mayo ATTEST: AWLL w I � ft.*.*A. � City Clerk Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 170, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE PROVINCETOWNE P.U.D. FILING 3 DEVELOPMENT PROJECT WHEREAS, Outlot I of the Provincetowne P.U.D. Second Filing Development (the "Property"), is owned by the City of Fort Collins and designated as a future site for a neighborhood park; and WHEREAS, KB Homes, Incorporated is developing the Provincetowne P.U.D. Filing Three project (the "Project") west of the Property; and WHEREAS, in order to provide a drainage easement for the Project, KB Homes, Incorporated wishes to acquire a perpetual drainage easement, as described in Exhibit "A", attached hereto, on the Property; and WHEREAS, to construct and provide proper grading for the drainage easement, KB Homes , Incorporated wishes to acquire a temporary construction easement, as described in Exhibit "B", attached hereto, on the Property; and WHEREAS, KB Homes, Incorporated has agreed to pay to the City $10,475 for the easements, and WHEREAS, based on review of this request by staff, it has been determined that granting the easements will not have any adverse effects on the Property; 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 Drainage Easement and the Temporary Construction Easement on the Property, in accordance with the terms of this Ordinance, 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 easements to KB Homes, Incorporated upon the terms and conditions described above, and subject to such other 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. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk