HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2010 - SECOND READING OF ORDINANCE NO. 079, 2010, AUTHORI DATE: July 20, 2010
STAFF: Daylan Figgs _
Lindsay Kuntz
Second Reading of Ordinance No. 079, 2010, Authorizing 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 asked to
purchase two easements on Mallards Nest Natural Area, owned by the City's Natural Resources Department. This
Ordinance, unanimously adopted on First Reading on July 6, 2010, authorizes the conveyances of two easements
consisting 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-July 6, 2010
(w/o attachments)
2. Staff memo re: Non-Exclusive Drainage Easement and Trail Easement for New Prospect Development
ATTACHMENT 1
DATE: July 6, 2010
STAFF: Daylan Figgs _
Lindsay Kuntz
RM
First Reading of Ordinance No. 079,2010,Authorizing Conveyance of a Non-Exclusive Drainage Easement and Non-
Exclusive Access Easement on City Property to New Prospect, LLC.
EXECUTIVE SUMMARY r--__� X_\ /7
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New Prospect,LLC(the"Developer")lit planning(development:in the 800 block of East Prospect called New Prospect
(the "Development"). As part of the'requirements a dl esign of the Development, the Developer has asked to
purchase two easements on Mallards Nest%Natura'I-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'bet een Sprin`g`Park and=the East Stuart Street underpass.
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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�evelopme�nt with a mix of single-family detached homes and duplex
homes. An extensive pedestrian net\o&r_k with connectivity toy the adjacentJSpring 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.
Cond:1ndr
Three alternatives for the detention 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 threesign 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.aln-aarea previously occupied by`a tennis-court and has recently been restored
to native vegetation. All areas impacted by con structiomactivities will be seeded with the same seed mix used in the
initial restoration effort. /7 �� �;
Natural Resources staff has reviewed'the_plan for-the_drainage easement and access easement alignment and has
identified no negative impacts to the Natural Area property as a result of the new easement.
July 6, 2010 -2- ITEM 13
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
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Disturbed areas within the drainage easement will be vegetated with native gyasses and shrubs. Other than the trail
itself, the areas disturbed by the construction of`the trail will also,be'Feseeded. The detention/water quality pond will
extend native habitat onto the Development etproperty. `{� l
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD /COMMISSION RECOMMENDATION
'7\ /7
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 th�Iclonveyance of the drainage easement as
recommended by staff. ` LJ
ATTACHMENTS
1. Location map
2. Land Conservation and Stewardship Board minutes, May 12, 2010
COPY.
*rr ATTACHMENT 2
It O If Natural Resources Department
r "
`� �/ Natural Areas Program
215 North Mason St
PO Box 50
F6rt Collins
Fort Co lins,CO 80522-0580
970.221.6600
FAX 970.224.6177
www.fcgov.com
MEMORANDUM
TO: Leadership Team
FROM: Daylan Figgs, Senior Environmental Planner
Lindsay Kuntz, Real Estate Specialist III
THROUGH: John Stokes, Director of Natural Resources Department
Marty Heffernan, CPRE Director
DATE: June 16, 2010
RE: Non-Exclusive Drainage Easement and Trail Easement for New Prospect
development (Item #21 June 15 Council meeting Leadership Team follow-up)
The Leadership Team wrote:
Item #21 Non-Exclusive Drainage Easement/Daylan Figgs and Lindsay Kuntz--this item
was pulled and will be considered July 6. Please explain how the easement facility will function--are
we doing more to control the flow of water than merely piping it out? Compliments from Council to
staff on the photos and graphics for this item!
Also, for this particular Natural Area and the related drainage easement there is a concern related to
the habitat and the easement/trail. The Natural Areas Plan is based on the principle of conserving
and preserving habitat. Yet, the more easements that crisscross the natural areas and upon which
trails are constructed impacts the natural areas (habitat can be negatively impacted by the
fragmentation and disruption from human use of the trails. Please describe your assessment of the
balance between the function of the natural area to preserve habitat and the impact of the proposed.
trail on the easement.
In response to "how the easement facility will function." The stormwater collected in the water
quality/detention pond (on New Prospect, LLC property) will be detained in the pond by
restricting the outflow from the pond and then slowly releasing it through the pipe across the
natural area into Spring Creek. This design will be reviewed and approved by City staff in the
Engineering Development Review Division and the Stormwater Engineering Unit prior to
construction, and will conform to City adopted engineering design standards. This review will
be part of the overall development review for the New Prospect development, and the Natural
Areas Program will only be providing an easement for placement of approved facilities.
In response to the concern related to "habitat protection versus the trail connection." Staff and
the Land Conservation and Stewardship Board gave this issue careful consideration. The Natural
where renewal is a way of life
Areas Program (NAP) does operate under the mission of protecting natural habitats and features,
while providing for education and appropriate recreation for the Fort Collins community. The
habitat values were carefully looked at, not allowing the trail connection was seriously discussed
and multiple alignments were considered for the trail connection. Staffs primary reason to
recommend the trail connection is that if a trail connection was not provided, residents of the
New Prospect development would soon establish social trails through Mallard's Nest Natural
Area to access the Spring Creek trail. Providing the trail connection allows it to be located in the
most suitable location and helps protect against higher levels of fragmentation caused by
multiple social trails.
Staff believes the alignment proposed will minimize impacts to wildlife habitat and will have
minimal impacts on wildlife habitat. Placing it further west would interfere with a small shelter
belt of trees and placing it further east would encroach on a small wetland area adjacent to
Spring Creek. The grassland area the trail is proposed to go through (which was recently
reclaimed from a former tennis court) has less wildlife habitat value. .Also, wildlife that inhabit
this area tend to be "generalists" and are well-adapted to the urban environment. When
considering all the factors, the proposed trail connection will cause minimal additional impact to
the overall habitat values of the area while providing a great opportunity for citizens to enjoy the
natural area and Spring Creek Trail.
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 6th day of
July, A.D. 2010, and to be presented for final passage on the 2 y of July, A.D. 2010.
Mayor
ATTEST:
iX
City Clerk
Passed and adopted on final reading on the 20th day of A.D. 2010.
May ,
ATTEST:
City Clerk