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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2011 - FIRST READING OF ORDINANCE NO. 085, 2011, AUTHORIZDATE: July 5, 2011 STAFF: Helen Matson, Brian Varella, Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 085, 2011, Authorizing the Conveyance to Capstone Development Corporation of Three Easements on Stormwater Utility Property at Creekside Park. EXECUTIVE SUMMARY Capstone Development Corporation (“Capstone”) is planning a mixed use development. This Project area is 10.4 acres and is located near Stuart Street and College Avenue. It fronts College Avenue around the Discount Tire property and continues to the west to the railroad. The project area is also at the rear of the Dairy Queen property. This mixed use development is for student housing and retail space. It will have two buildings, 221 dwelling units and 8,000 square feet of new retail space. The retail space will be the first floor of the building fronting on South College Avenue. For this development, Capstone has requested that the City grant Capstone a drainage easement for construction of a new flood control channel, a drainage easement for sheet flows from the adjoining property, and a temporary construction easement to construct a pedestrian trail and an underground stormwater pipe on City-owned property known as Creekside Park. BACKGROUND / DISCUSSION Capstone has been working on this project for a number of years. The project site is currently located in a FEMA regulatory floodway and flood fringe on Spring Creek. Chapter 10 of the Fort Collins City Code does not allow new residential structures in the floodway. To utilize more of its project site, the developer opted to revise flood hazard boundaries. Capstone submitted plans to the City and to the Federal Emergency Management Agency (FEMA), and received a Conditional Letter of Map Revision (CLOMR) from both agencies to move forward with all facets of its project. The floodplain boundaries will be modified through engineered solutions with these CLOMR improvements when completed. With these floodplain changes, Capstone will be able to construct two buildings outside the CLOMR- revised floodway and flood fringe. Capstone has requested that the City grant three easements: a drainage easement for a flood control channel that routes offsite floodwater along the western edge of its site, a drainage easement for local (onsite) runoff and a temporary construction easement for construction of a trail connection and a storm sewer pipe improvement. These easements are located in the low use and low maintenance area of Creekside Park (“Park”). The City’s Stormwater Utility (“Utilities”) purchased this property in 1989 for Spring Creek Improvements. Utilities remain the owner of this property; however, the Parks Department maintains this area as Creekside Park. Details of easement requests are below: Flood Control Channel Easement The flood control channel is required for the project and is part of Capstone’s approved CLOMR. The main purpose of this channel is to contain flood flows that overtop the railroad in 100 year storm events. This channel will also handle off-site flows as well as flows from this project. The flows from the channel will be returned to the main channel at Spring Creek in Creekside Park. The proposed flood control channel runs the length of the Capstone’s property and is over 40 feet wide at its base. There may be a concrete trickle pan in the center of it, and has high performance turf reinforcement mat (TRM) along the rest of the bottom of the channel and the sides over most of Capstone’s property. The channel’s slope decreases substantially as it reaches the Park and it is anticipated that the channel will be dry most of the time. Capstone will be performing flood control channel grading within the Park. When this grading is complete, this area of the Park will be very flat and will not be an active swale except during rainfall events. Capstone may also construct a concrete trickle pan to control the grade, and will install a buried riprap pad at the confluence with July 5, 2011 -2- ITEM 18 the Spring Creek channel. On top of this buried riprap, Capstone will reseed this area in native grasses, as specified in the CLOMR. Capstone will also provide temporary irrigation until the grasses are established. The flood control channel is located at the northwest corner of the Park and is shown in blue on the attached Diagram of Proposed Creekside Park Easements (Attachment 2). The easement is approximately 140 feet wide and contains 8,785 square feet. Sheet Flow Easement The next easement is a sheet flow easement (shown in yellow on Attachment 2). It is directly east of the flood control channel easement and is approximately 160 feet at its widest area and contains 8,140 square feet. This easement is being requested to handle developed runoff from the south parking lot of the Project onto the City’s property to Spring Creek. In the current condition, there is a concrete pan on the Capstone property that takes concentrated flows directly onto the Park. These flows as well as the pedestrian and bike use without a trail has caused erosion at the Park. The Project plans to mitigate adverse impacts from the change in runoff rate and volume. The south parking lot of the Project will be constructed with one foot wide curb cuts at nine feet on center to uniformly distribute the surface runoff to the area south of the curb. As per Best Management Practices (BMP’s), this runoff will then cross a landscape area (the grass buffer) approximately sixty feet wide before the sheet runoffs enter the Park. Grass buffers are densely vegetated strips of grass designed to accept sheet flows from upgradient development. Flows will be distributed in a uniform manner over the width of the buffer, which is preferred over concentrated flows. The grass buffer on the Capstone property will be planted with a Native Prairie Mix and when mature will provide vegetative coverage greater than 80%. Erosion and sediment control measures on upgradient disturbed areas will be maintained to prevent excessive sediment to the grass buffer. The appearance of the Park at this location will remain as it is today. No construction will take place on the easement area for this Project. Temporary Construction Easement (“TCE”) This easement is required for Capstone to construct improvements on the City’s property. Capstone has a trail through its Project which will connect to the Spring Creek Trail near the bridge in Creekside Park. Capstone will construct the trail connection to the City’s specifications. Once constructed, this trail connection will become part of the City’s trail system and will be maintained by the City. There is an old stormwater pipe under the railroad to Capstone’s property. The City has requested that Capstone extend and improve this pipe to flow to Spring Creek. The extended pipe (30-inch diameter or equivalent) will enter the Park upstream of the existing pedestrian bridge and go to Spring Creek. Once the extension is completed, this pipe will be a public pipe owned by the City. The City will be responsible for maintenance of this public pipe. Capstone will be responsible to restore the Park property to its current condition once its construction is complete. The temporary easement area is 9,342 square feet and is the red area on the attached Diagram. FINANCIAL / ECONOMIC IMPACTS Real Estate Services utilized appraisals obtained for adjacent properties for the Mason BRT project to determine the value of these easements. The City property has physical limitations including Spring Creek and the associated buffers and the trail system, which affect the value. The resulting values are: Flood Control Swale Easement $8,785 Sheet Flow Easement 3,258 Temporary Construction Easement 437 Easement Processing Fee - RES 1,000 Total $13,480 July 5, 2011 -3- ITEM 18 STAFF RECOMMENDATION . Staff recommends adoption of the Ordinance on First Reading. Utilities staff has reviewed the request and has not identified any concerns. BOARD / COMMISSION RECOMMENDATION At its June 16, 2011 meeting, the Water Board voted 8-1, to recommend that the Council approve the easement requests from Capstone Development Corporation. ATTACHMENTS 1. Location Map 2. Diagram of Proposed Creekside Park Easements 3. Photo of Area of Impact for each Easement 4. Water Board minutes, June 16, 2011 Diagram of Proposed Creekside Park Easements Choice Center Mixed-Use Redevelopment Type I Jim Sell Design June 28, 2011 Creekside Park Spring Creek Channel Flood Control Channel Sheet Runoff Temporary Construc� on Easement Mason Corridor BRT ATTACHMENT 2 New Building New Building Existing Choice Center Shopping Center Buried Overfl ow Pipe Spring Creek Channel Flood Control Channel Sheet Runoff Temporary Construction Easement Jim Sell Design June 28, 2011 Trail Connection Maytag Dairy Queen Discount Tire Stuart Street Diagram of Proposed Creekside Park Easements Choice Center Mixed-Use Redevelopment Type I ATTACHMENT 3 JIM SELL DESIGN 153 WEST MOUNTAIN FORT COLLINS, COLORADO 80524 970.484.1921 Creekside Park Easements Capstone Development Corporation Existing and Proposed Views looking NE from Creekside Park Existing Proposed ATTACHMENT 3 Maytag Dairy Queen (not visible) Mini Storage Spring Creek Creekside Park Property Line Culvert Headwall at RR Embankment Maytag Culvert Headwall at RR Proposed Housing Units (south units depicted) Proposed South Parking Lot Flood Control Channel Sheet Runoff JIM SELL DESIGN 153 WEST MOUNTAIN FORT COLLINS, COLORADO 80524 970.484.1921 Creekside Park Easements Capstone Development Corporation Composite View of Existing Park and Proposed Development (Looking West from Pedestrian Bridge) Existing Condition Proposed Condition ATTACHMENT 3 Proposed landscaping Trees to be removed Tree to remain Existing Tree New Parking Lot Proposed Trail Connection ATTACHMENT 4 1 Excerpt from Unapproved Water Board Minutes, June 16, 2011 Stormwater Easements: Creekside Park (Attachments available upon request). Chairperson Janett noted that this particular location is where five individuals perished in the 1997 flood. She felt it necessary for this particular item to be brought before the Water Board for discussion. Water Engineering and Field Services Operations Manager Jon Haukaas introduced the topic and introduced Floodplain Administrator Brian Varrella and Real Estate Services Manager Helen Matson. Chairperson Janett stated that the action on behalf of the Water Board is for the easements, but she desired the map revision be brought to the board as well for review. Mr. Varrella gave an introduction on the project and introduced Herman Feissner with Capstone Development. Easements in Creekside Park for the Choice Center Development • Purpose of easements in Creekside Park o For routing of offsite floodwater o For drainage of local (onsite) runoff o For construction of storm sewer improvements • Easements requested are on City property o Owned by the Stormwater Utility o Maintained by Parks • Project details in brief o Current site is located in a Federal Emergency Management Agency (FEMA) regulatory floodway and flood fringe on Spring Creek o Project is subject to the safety standards of Chapter 10 of the City Municipal Code o No new residential structures permitted in the floodway • Developer opted to revise flood hazard boundaries o Optimizes constructible area o Requires a Conditional Letter of Map Revision (CLOMR) The proposed project went to the City for review, and to FEMA for final approval. FEMA approved the project in January 2010. The boundaries of the floodplain and flood fringe were modified to make residential housing constructible on this site. The buildings will be outside both boundaries, and the public safety standards of Chapter 10 were satisfied with the CLOMR application. Mr. Varrella explained the map revisions for the board members and the need for the easements. Board discussion: How are the revisions happening to the floodway and the floodplain? It is a combination of fill and a substantial flood control channel. Is this project for residential or commercial use? The developer intends to use the space primarily for student housing. The four-story structure will house approximately 650 individuals. There will also be retail space on the first floor. ATTACHMENT 4 2 Is this the location of the mobile home park destroyed in the 1997 flood? Yes, the proposed site is on that location. A board member raised a question about the pipe under the train tracks. Mr. Haukaas stated there is a smaller pipe to carry flows, and the majority of the flooding occurs from over-topping of the railroad. A flood control channel is being constructed to keep this from happening again. What would keep the trains from derailing if flooding happens again? Mr. Haukaas stated that would be operational on the part of the railroad because the trains would not run if a flood happens. The project would be constructed outside the floodplain and there would no longer be flooding in the area. Mr. Varrella stated the flood control channel has been constructed to safely convey the over- topping flows away from the building in a 100-year flood event. The 1997 flood greatly exceeded the 1 percent annual chance. Stormwater and Floodplain Program Manager Glen Schlueter stated since the time of the 1997 flood, a wall has been constructed on the east side of the embankment and the embankment has been reinforced. What keeps the wall from eroding on the west side? There is no velocity on the west side. How is the water being redirected? The parking lot has been graded so water can no longer touch the buildings from any side. Where does the stormwater go? The water will fall into Spring Creek. As part of the proposed design, the flood control channel will be built so water will continue to drop in. Does the Creekside Park property act as a collection pond for the stormwater? It is not a pond; however, it catches all the running water and directs it under the bridge to College Avenue. What about the possibility of the bridge catching debris? Mr. Varrella stated the high water mark was created by a combination of debris and high discharge. The new structures and the surrounding parking lots will be protected by structurally designed bollards or “car-catchers” designed to catch large debris. Will the control channel be covered? Yes. What is the effect of the Canal Importation Ponds and Outfall (CIPO) project upstream? Mr. Haukaas stated the effect is really minimal and this project is not dependent on CIPO. Mr. Varrella stated improvements made at Spring Canyon Park, Taft Hill Road, and Rolland Moore Park detained water flows, and the 100-year discharge will be reduced from 3,000 cubic feet per second (cfs) to 2,000 cfs by those projects being in place. Has this project received preliminary approval? The project has received conditional approval. Buildings cannot be constructed until the map revision has received final approval and the floodway and flood fringe have been moved off the site. Who is going to pay for the flood control channel? The developer will pay for the channel. ATTACHMENT 4 3 Will the channel be turned over to the City? No, it will be privately owned. The City is only involved in review and inspection. There are no concurrent public projects. Are there any safety issues with individuals entering the channel? Because the slopes are gentle, there should be no safety issues with the channel. How will the project impact water quality? Due to the location, there will be water quality improvements. Chairperson Janett stated this location is a high profile location for the development of student housing because of the 1997 flood. Does the City receive many CLOMRs? Are these normally brought to the Water Board? Mr. Haukaas stated the CLOMRs are handled administratively because approval is required by FEMA. Does City staff review comments before the CLOMRs go to FEMA? Mr. Varrella stated staff approves CLOMRs before they are presented to FEMA. Staff signs that the property is safe from flooding and that areas removed from the floodway are safe from flooding. These certification documents become part of the CLOMR documentation. The City has to approve the CLOMR before it moves forward? Yes. A board member questioned if a 1997 rain event happened again, what would happen with this development in place? Mr. Varrella stated if a similar event happens again, the proposed flood control channel is not designed to carry the flow that would overtop the railroad. Has the City considered what would happen since the other projects upstream would hold back some of the water? Mr. Haukaas stated since the changes have not been recognized yet, it was designed based on current mapping. The City did not calculate for the volume of water from the 1997 flood. Chairperson Janett requested more information on the subject of water quality. Mr. Schlueter explained the concept of the porous landscaped detention area and how water from the construction site will be treated. How is the water treated by running it through porous material? It is treated by an infiltration process of running it through a layer of sand and a layer of peat. A board member questioned the rules about discharging into an impaired stream (Spring Creek) and expressed concerns about pollutants from the development. Has the Total Maximum Daily Load (TMDL) been conducted for Spring Creek? Mr. Haukaas stated that the TMDL rules have not been finalized or put in place yet. Best Management Practices (BMPs) for stormwater quality treatment have been put in place. Mr. Schlueter stated the improvements will be a benefit to the current water quality. Chairperson Janett stated that the board will review the Stormwater Criteria Manual at the July board meeting and requested the current discussion move to the easements. ATTACHMENT 4 4 Ms. Matson introduced the easements: • Easements are requested within Creekside Park o Flood Control Channel connection to Spring Creek - Channel construction is necessary per the CLOMR - Conveys 100-year flows overtopping the adjacent railroad - Must be constructed to tie into the Spring Creek channel o Sheet Flow Easement for onsite local drainage - Adjacent property directs concentrated flow to Creekside Park - Proposed mitigation activities would reduce erosion potential on Creekside Park property - Easement area will not be disturbed during construction o Temporary construction easement for development features - Necessary for construction of permanent improvements to City property • Includes a trail connection from project to existing Spring Creek Trail • Includes an extension of existing underground stormwater pipes from project to Creekside Park - Surface restored by developer, maintained by City Board discussion: Do you have a before and after flood diagram of the Creekside Park area? Mr. Varrella stated a flood diagram was not available for this presentation. He emphasized the current design ensures no impact on water surface elevations on any of the cross sections and this has been documented in the CLOMR. The water will fan out across the area. This design proves that hydraulic conditions would not worsen in the area. Mr. Haukaas stated there is still a main flow coming down the creek and through the culverts underneath. The energy from that is much higher than the overtopping that would come down the channel. Mr. Varrella gave more details about the flow design. What happens next in the process if the Water Board approves or disapproves the easements? Ms. Matson stated the easements go to Council on July 5, 2011 with the Water Board’s recommendations as part of the Agenda Item Summary (AIS). Once the easements are approved, they would go into the planning process. The project has already been approved by the Planning and Zoning Board. Mr. Haukaas stated if the easement is not approved by Council, it would go into an appeal process. Deputy City Attorney Carrie Daggett stated Council is making a legislative decision regarding the project and there are other considerations that Council takes into account when making decisions about these types of easements, including the benefits of the project moving forward. Chairperson Janett stated administrative work typically does not go to Council. The Planning and Zoning Board takes public input and makes decisions yes or no. The Water Board’s role is to act as an advisory panel on the legislative act of the easements. Ms. Daggett stated staff is implementing what is in the City Code in terms of making decisions on applications. If standards are to be applied differently, it may be worthwhile in the future to have the Water Board review changes to the code. ATTACHMENT 4 5 Is the Sheet Flow Easement just an easement to accept sheet flow from the parcel itself? Yes. Has this item been before Council before? No. Can the developer ensure there will not be any further water quality issues for Spring Creek? Mr. Haukaas stated all Chapter 26 code requirements regarding water mitigation have been met by the developer. Will the BMPs remove E. coli from Spring Creek? E. coli is not directly addressed because it requires a higher level of treatment. Vote on the motion: 8 for, 1 against. Reason for the nay vote: Board Member Brunswig: The water quality issues in Spring Creek are not being addressed. The proposed development will impact the future of water quality. Motion: Board Member Brown moved that the Water Board recommend that the City Council consider approval of a Permanent Drainage Easement for a Flood Control Channel as described in Exhibit “A,” a Permanent Drainage Easement for Sheet Runoff as described in Exhibit “B,” and a Temporary Construction Easement as described in Exhibit “C” to Capstone Development Corporation. Board Member Eccleston seconded the motion. ORDINANCE NO. 085, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO CAPSTONE DEVELOPMENT CORPORATION OF THREE EASEMENTS ON STORMWATER UTILITY PROPERTY AT CREEKSIDE PARK WHEREAS, the City owns a parcel of land in the 1800 block of South College Avenue known as Creekside Park (the “City Property”); and WHEREAS, the City Property was purchased by the City’s Stormwater Utility for Spring Creek improvements and is managed by the Parks Department; and WHEREAS, Capstone Development Corporation (“Capstone”) is in the process of developing a mixed use development with student housing and retail space north of the Property near Stuart Street and South College Avenue (“the Project”) and WHEREAS, the property on which the Project would be built (the “Project Property”) is currently in the Spring Creek floodway and Chapter 10 of the City Code does not allow new residential structures in the floodway; and WHEREAS, Capstone chose to revise the flood hazard boundaries of the Project Property in order to remove it from the floodway, and has received from the City and the Federal Emergency Management Agency a Conditional Letter of Map Revision (CLOMR) to proceed with the Project; and, WHEREAS, as part of the CLOMR, Capstone is required to construct a flood control channel to carry flows across the Project Property to the Spring Creek channel; and WHEREAS, to facilitate the operation of this channel Capstone is requesting from the City a permanent non-exclusive easement on the City Property approximately 8,785 square feet in area to channel water across the City Property to Spring Creek during rainfall events (the “Channel Easement”); and WHEREAS, the location of the proposed Channel Easement is shown and described on Exhibit “A”, attached and incorporated herein by this reference; and WHEREAS, as part of its Project, Capstone has also requested a permanent, non-exclusive easement on the City Property approximately 8,140 square feet in area to move sheet flows of storm runoff from a parking lot on the Project Property across the City Property to Spring Creek (the “Sheet Flow Easement”); and WHEREAS, the location of the proposed Sheet Flow Easement is shown and described on Exhibit “B”, attached and incorporated herein by this reference; and WHEREAS, as part of its Project, Capstone has also requested a Temporary Construction Easement on the City Property approximately 9,342 square feet in area to construct a trail connection and a stormwater pipe (the “Temporary Construction Easement”); and WHEREAS, the location of the proposed Temporary Construction Easement is shown and described on Exhibit “C”, attached and incorporated herein by this reference; and WHEREAS, City staff has evaluated the potential impacts of the proposed Easements and does not believe that the Channel Easement, the Sheet Flow Easement or the Temporary Construction Easement would interfere with the intended use of the City Property, either as part of the City’s stormwater utility system or as a park; and WHEREAS, Capstone has agreed to pay the City $12,480 for the Easements and $1,000 for processing its easement request; and, WHEREAS, at its regular meeting on June 16, 2011, the Water Board reviewed the proposed Easements and recommended that the City Council authorize their conveyance; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, with respect to property that is part of the City’s water or utility systems, Section 23-111(b) of the City Code requires that the City Council also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens 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 Easements, as set forth herein, is in the best interests of the City, will not impair the viability of the stormwater system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to Capstone 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 description of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. -2- Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2011, and to be presented for final passage on the 19th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-