HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2010 - FIRST READING OF ORDINANCE NO. 079, 2010, AUTHORIZ DATE: June 15, 2010
STAFF: Daylan Figgs _
Lindsay Kuntz
First Reading of Ordinance No. 079, 2010,Authorizing the Conveyance of a Non-Exclusive Drainage Easement and
Non-Exclusive Access Easement on"City Property to New Prospect, LLC.
EXECUTIVE SUMMARY
New Prospect,LLC(the"Developer')is planning a development in the 800 block of East Prospect called New Prospect
(the"Development"). As part of the requirements and design of the Development, the Developer has requested to
purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. The
easements consist of a drainage easement to meet the required stormwater retention criteria and stormwater outfall
to Spring Creek and an access easement providing a pedestrian connection from East Prospect Road to the Spring
Creek Trail.
BACKGROUND/ DISCUSSION
Mallard's Nest Natural Area(the"Natural Area") is a 2.484-acre property purchased by the City in 2002. The Natural
Area runs along the Spring Creek Trail between Spring Park and the East Stuart Street underpass.
New Prospect is a proposed development located north of the Natural Area at 805 East Prospect Road. The
Development is a 4.63-acre infill residential development with a mix of single-family detached homes and duplex
homes. An extensive pedestrian network with connectivity to the adjacent Spring Creek Trail has been included in
the Development's plan.
The Developer has requested two easements on the Natural Area as part of its development proposal. As part of the
stormwater management and outlet design, New Prospect is requesting a non-exclusive drainage easement
approximately 20 feet wide and 60 feet in length across a portion of Mallard's Nest Natural Area (Attachment 1). In
keeping with the historic drainage pattern and utilizing the existing topography of the area, a stormwater
detention/water quality pond will be constructed in the southeast corner of the property. An 18-inch buried outlet pipe
will be installed and will discharge water from the detention/water quality pond built on private property into Spring
Creek.
Three alternatives for the detention pond and outlet structure were evaluated. Based on limitations posed by the
elevations within the development and Spring Creek, the detention pond and outlet design described above was
selected as the desired option. All three design alternatives were considered by City's stormwater review staff. The
proposed design was selected as the best option to meet the design criteria for the project.
Vegetation within the area to be disturbed consists of smooth brome, a non-native grass. Once the outlet pipe is
constructed, topsoil will be replaced and seeded with a native grass mix. The detention/water quality pond will be
vegetated with a mix of native grasses and shrubs. This feature is directly adjacent to Mallard's Nest Natural Area
and will extend native habitat onto private property.
A trail easement has also been requested by the Developer that provides a direct connection between the residential
development and the Spring Creek Trail(Attachment 1). This easement totals approximately 5,462 square feet in size.
The proposed trail alignment is through an area previously occupied by a tennis court and has recently been restored
to native vegetation. All areas impacted by construction activities will be seeded with the same seed mix used in the
initial restoration effort.
Natural Resources staff has reviewed the plan for the drainage easement and access easement alignment and have
identified no negative impacts to the Natural Area property as a result of the new easement.
June 15, 2010 -2- ITEM 21
FINANCIAL/ ECONOMIC IMPACTS
New Prospect, LLC has agreed to compensate the City of Fort Collins $2,016 for the easements, and will pay the
required.processing fees as per the Natural Resources Easement Policy. Conveyance of the new easement areas
will facilitate the development of the New Prospect Neighborhood and create pedestrian connections for the use by
citizens in the surrounding neighborhoods.
ENVIRONMENTAL IMPACTS
Disturbed areas within the drainage easement will be vegetated with native grasses and shrubs. Other than the trail
itself, the areas disturbed by the construction of the trail will also be reseeded. The detention/water quality pond will
extend native habitat onto the Development property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
Staff presented the proposal to the Land Conservation and Stewardship Board (LCSB)at its May 12, 2010 meeting.
The LCSB recommended by unanimous vote, that Council authorize the conveyance of the drainage easement as
recommended by staff.
ATTACHMENTS
1. Location map
2. Land Conservation and,Stewardship Board minutes, May 12, 2010
Attachment 1 Pagel of 2
Conveyance of Drainage and
Access Easement to New
Prospect , LLC Location Map
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CRAFT
ATTACHMENT2
Land Conservation & Stewardship Board
Wednesday, May 12, 2010
DRAFT
Excerpt from Minutes
New Prospect Drainage Easement and New Prospect Trail Easement
• Figgs: New Prospect, LLC is proposing to develop a new residential development
in the vicinity of East Prospect and Ellis Street. As part of the Stormwater plan
and neighborhood design,New Prospect is requesting a non-exclusive drainage
easement and non exclusive trail easement across portions of Mallards Nest
Natural Area. The trail easement and drainage easement are 5,462 square feet and
1,259 square feet, respectively.
In keeping with the standards outline in City's Land Use code and as part of the
neighborhood design, a central pedestrian trail is proposed that will allow a direct
connection between the residential development and the Spring Creek Trail. This
trail system will also connect with Prospect Road via sidewalks along Apex Drive
and Ellis Street.
• Groom: Is there access to the Spring Creek trail from this neighborhood?
• Figgs: There are two access points to this neighborhood. There is city code
language that encourages the developments to connect with trails.
• Stanley: Will the drainage pond filter the water?
• Figgs: It's a water quality and a water detention pond.
• Grooms: How may homes will make up'the development?
• Dan Tweeton- There will be 25 single family homes, and 4 duplexes.
• Grooms: Are there other alternatives that would by-pass the Natural Area?
• Terence Hoagland: Other alternatives were explored so as not to cut thru the
Natural Area, but they didn't work because of the grade in the area. We explored
all options and this is the shortest route.
Stanley moved that the Land Conservation and Stewardship Board recommend that
City Council approve an ordinance granting a non-exclusive trail easement on
Mallards Nest Natural Area to New Prospect LLC. Germany second. It was
unanimously approved.
Grooms moved that the Land conservation and Stewardship Board recommend that
City Council approve an ordinance granting a non-exclusive drainage easement on
Mallard's Nest Natural Area to New Prospect LLC. Knowlton second. It was
unanimously approved.
ORDINANCE NO. 079, 2010
OF THE COUNCIL-OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE
EASEMENT AND A NON-EXCLUSIVE ACCESS EASEMENT ON CITY
PROPERTY TO NEW PROSPECT, LLC
WHEREAS, the City is the owner of a parcel of real property located in Fort Collins,
Colorado, identified in County records as parcel number 97241-20-905, known as Mallard's
Nest Natural Area (the "Natural Area"); and
WHEREAS, New Prospect, LLC (the "Developer") has requested a drainage easement
and an access easement (the "Easements") on the Natural Area for the benefit of the New
Prospect development(the "Development"); and
WHEREAS, the proposed drainage easement would be used to provide stormwater
outfall from the Development's detention pond to Spring Creek within the Natural Area, as
described on Exhibit "A", attached and incorporated herein (the "Drainage Easement"); and
WHEREAS, the proposed access easement would be used to provide a public pedestrian
connection from East Prospect Road, through the Development, to the Spring Creek Trail
located in the Natural Area, as described on Exhibit `B", attached and incorporated herein (the
"Access Easement"); and
WHEREAS, as consideration for the grant of the Easements the Developer will pay the
City $2,016.00 plus processing fees as required by the Natural Areas Easement Policy; and
WHEREAS, City staff has identified no negative impacts to the City resulting from the
grant of the Easements; and
WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized
to sell, convey, or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that 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 Drainage Easement and Access Easement on
the Natural Area property to New Prospect, LLC as provided 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 Drainage Easement and Access Easement to New Prospect, LLC on
terms and conditions consistent with this Ordinance, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines are necessary
or appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal descriptions 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 15th day of
June, A.D. 2010, and to be presented for final passage on the 6th day of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
Exhibit "A"
Description Exhibit
(Drainage Easement)
A parcel of land located In the Northeast 1/4 of Section 24, Township 7 North,
Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Lorimer,
State of Colorado being more particularly described as follows:
Considering the North line of sold Northeast 1/4 as bearing South 8951'10" East
and with all bearings contained herein relative thereto;
Commence at the Northwest Corner of the Northeast 1/4 of sold Section 24;
thence S 89'51'10 E along the North line of said Northeast 1/4, for a
distance of 659.26 feet to the West line of these parcels described at
Reception No.20050040860 and Reception No,20090030181 of the Lorimer County records,
thence S 00'16'33" W on said West line, a distance of 660.05 feet j
to the South line of-Reception No. 20090030181, sold point also being on
the North line of Shadowbrook P.U.D.;
thence S 89'52'55" E on sold North line for a distance of 332.27 feet
to the POINT OF BEGINNING;
thence continue S89'52'55'E on said North line a distance of 20.01 feet;
thence S 01'34'56" E a distance of 62.63 feet;
thence S 88'25'04" W a distance of 20.00 feet;
thence N 01'34'56" W a distance of 63.23 feet to the Point of Beginning.
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Containing 1,259 sq.ft., more or less, and being subject to all
easements and rights of way of record.
SURVEYOR'S STATEMENT
I, Alex Randall Perkins, a duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, Information
and belief, truly and correctly represents a drawing made by
me under my direction.
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Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, information S 880 25'04" W
and belief, truly and correctly represents a drawing made by
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event, may any action based upon any defect In this survey
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Exhibit "B"
Page
Description Exhibit
(Access Easement)
A parcel of land located In the Northeast 1/4 of Section 24, Township 7 North,
Range 69 West of the 5th Princlpal Meridian, City of Fort Collins, County of Lorimer,
State of Colorado being more particularly described as follows:
Considering the North line of said Northeast 1/4 as bearing South 89'51'10" East
and with all bearings contained herein relative thereto;
Commence at the Northwest Corner of the Northeast 1/4 of sold Section 24;
thence S 89'51'10 E along the North line of said Northeast 1/4, for a
distance of 659.26 feet to the West line of the parcels described at
Reception No. 20050040860 and Reception No, 20090030181 of the Larlmer County records,
thence S 00'16'33" W on said West line, a distance of 660.05 feet
to the South line of Reception No. 20090030181, said point also being on
the North line of Shadowbrook P.U.D.;
thence S 89'52'55" E on said North line for a distance of 176.91 feet
to the POINT OF BEGINNING;
thence continue S 89'52'55" E on sold North line a distance of 25.69 feet;
to the beginning of a curve to the right;
thence on the are of said curve a distance of 52.45 feet, having a radius
of 72.51 feet, a delta of 41'26'35" and a chord of 51.32 feet bearing
S 52'48'18" W to a point of a reverse curve to the left;
thence on the arc of sold curve a distance of 158.18 feet, having a radius
of 92.50 feet, a delta of 97'58'45" and a chord of 139.50 feet bearing
S 2432'24" W to a point of tangency,
thence S 24'26'59" E a distance of 59.18 feet;
thence S 65'33'01" W a distance of 20.00 feet;
thence N 24'26'59" W a distance of 59.18 feet to a tangent curve to the right;
thence on the arc of sold curve a distance of 192.38 feet, having a radius
of 112.50 feet,o delta of 97'58'45" and a chord of 169.78 feet bearing
N 24'32'23" E to a point of a reverse curve to the left;
thence on the arc of said curve a distance of 24.23 feet, having a radius
of 52.51 feet, a delta of 26'26'09" and a chord of 24.02 feet bearing
N 60'18'31" E the Point of Beginning
Containing 5,462 sq. ft., more or less, and being subject
to all easements and rights of way of record.
SURVEYOR'S STATEMENT
1, Alex Randall Perkins, o duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, information
and belief, truly and Corr represents a drawing made by
me under my directi 00 REG7
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any legal action based upon any defeat In this survey within Jwk Frederick Land Surveying, Inc.
three years after you first discover such defect. In no Proj. Manager
event, may any action based upon an defect In this survey 6760 North Franklin Avenue
be commenced more than ten years from the date of the orp Loveland, Colorado 80538
certification shown hereon. Scale (970) 669-2100 — Fax (970) 669-3725
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Exhibit "B"
page 2 of 2
Description Exhibit
Sect. 24—
North 4-- cornerT7N—R69W (Access Easement)
S 89'51' 0" 65
Basis of Bearings
Point of
Commencement Rec# 20050040860
Rec#'20090030181 -
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Prospect Commons io 0
REG. NO B8o32B76 b� Point of
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S 89'52'55" E L1
176.91
Shadowbrook P.U.D. Access
BOOK 1903 PACE 957 Easement
SURVEYOR'S STATEMENT
I, Alex Randall Perkins, a duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, Information
and belief, truly and correc ents a drawing made by
me under my direction. OO RFG7
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LINE TABLE
LINE NO. BEARINO LENGTH Uj
L1 S 89'5 ' 2 69' I
L2 S 2 '28'59' E 59.18'
L3 s 65'33'0 ' w 20,00,
L4 N 2 '26'59" W 59,18,
Curve Table - o
curve Delta Radius Len ih Chard Chord Bearing
C1 4 '26'3 ' 2 5 ' S 5' 51 3 ' S 52'48' 8" W
`3
C2 97-58'45' 9 0' 158,1 8'l 139.60' S 2432'24" W ti
C3 9758'45" 2:50' 92.38' 6 ' N 24'32'23"
C4 26'26' 52.5 ' 4.23' 2 .02' N 60' page 2
Field Date Prepared for: Project#:09018d1
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NOTICE: According to Colorado law you must commence Survey Tech
any legal action based upon any defect In this survey within 'wk Frederick Land Surveying, Inc.
three years after you first discover such defect. In no Proj, Manager
avant, may any action based upon any defect In this survey 6760 North Franklin Avenue
be commenced more than ten years from the data of the ar Loveland, Colorado 80538
certification shown hereon. Scale g70 669-2100 — Fox 970 669-3725
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