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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/10/2012 - FIRST READING OF ORDINANCE NO. 061, 2012, AUTHORIZDATE: July 10, 2012 STAFF: Lindsay Kuntz Jason Stutzman AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 3 SUBJECT First Reading of Ordinance No. 061, 2012, Authorizing the Conveyance of a Non-Exclusive Drainage and Landscaping Easement and an Access Easement on City Property to Cornerstone Associates, LLC. EXECUTIVE SUMMARY Cornerstone Associates, LLC (the “Developer”) is planning a 1.97 acre affordable housing project called the Legacy Senior Residences PDP (the “Development”) located at 360 Linden Street. The Development requires off-site drainage and landscaping improvements and access improvements on adjacent City-owned property which is maintained as the Old Fort Collins Heritage Park, adjacent to the Northside Aztlan Community Center. In order to facilitate the installation of the planned improvements, the Developer has requested a 11,198 square foot non- exclusive drainage and landscaping easement and 321 square foot non-exclusive access easement from the City on the City property. BACKGROUND / DISCUSSION Legacy Senior Residences PDP is a proposed development located at 360 Linden Street, just north of Willow Street. An Administrative Hearing for the project was held on June 11, 2012. The Development will occupy 1.97 acres on Linden Street and include 72 one and two-bedroom affordable apartments for seniors. The plans for the Development require a 20-foot wide off-site drainage easement on adjacent property owned by the City in order to provide storm drainage for the development. The drainage improvements to be installed consist of a drainage swale and an outfall to the Poudre River, in accordance with the City of Fort Collins Old Town Stormwater Master Plan. The outfall location is within an existing run-down to the Poudre River and will not impact any existing trees or vegetation. In addition, the outfall is designed so that all activities will occur outside of the Poudre River floodway. The outfall will be installed using open cut trenching and will be designed and constructed to the City standards and in coordination with City Parks, Stormwater, and Planning staff. After installation of the outfall is complete, the City property will be restored and reseeded with a native seed mix approved by the City’s Environmental Planner. In addition, the City Planning Department has requested the installation of landscaping improvements consisting of native grasses, shrubs and trees within the drainage easement area for the purposes of serving as a transition and buffer zone improvement between the River and the Development . As such, the Developer has requested a drainage and landscaping easement from the City. City staff is continuing to work with the Developer to finalize the boundary of the requested drainage easement area. The Developer has also requested an access easement on the City Property in order to install a pedestrian connection to the Poudre Trail. Parks staff has reviewed the easement requests and believes that conveyance of the requested easements will not interfere with the City’s intended use of the City property as a park. An alternative drainage design option for the Development would require a large amount of on-site detention, modifications to the existing stormwater pipes under the newly constructed right of way of Linden Street, and may conflict with existing utility lines in Linden Street. The Developer would still be required to obtain a Landscaping Easement for the landscaping improvements noted above and the Access Easement as required by the City’s Land Use Code. FINANCIAL / ECONOMIC IMPACTS Real Estate Services reviewed comparable sales and the Larimer County Assessor’s data to prepare a value estimate for the requested easements. The consideration for the drainage and landscaping easement, access easement, and the easement processing fee for Real Estate Services is $6,200. July 10, 2012 -2- ITEM 3 The Developer will be responsible for all costs of installation of the easement improvements and for the restoration of the City Property. In addition, the developer will maintain the landscape improvements in perpetuity, ultimately reducing the City’s costs for maintenance on this portion of Park property. ENVIRONMENTAL IMPACTS The outfall and drainage area improvements are required in accordance with the City’s Old Town Stormwater Master Plan and comply with the City’s Stormwater Design Criteria Manual. In addition, the landscape improvements associated with the development are required in order to comply with Section 3.4.1 of the Land Use Code, including the Poudre River buffer standards. The existing vegetation cover on the site is dominated by smooth brome, a non-native grass species, which contributes little to the site’s habitat diversity. All disturbed areas will be restored with a native seed mix and native shrubs and trees. As proposed, the project will provide an additional 13 native shade trees and 44 native shrubs to the area requested by this easement. The off-site drainage and landscape easement is located within the boundaries of the area affected by the 2004 Administrative Order on Consent between the EPA, Public Service Company, Schrader Oil Company and the City, and related requirements will apply to the proposed easement and work. Easement terms and conditions will be used to incorporate these requirements. The off-site drainage and landscape easement is also located within the boundaries of a former municipal landfill which is subject to a Colorado Department of Health and Environment (CDPHE) approved Soil Characterization and Management Plan (SCMP). The requirements of the SCMP must be taken into account and complied with in connection with any activities within the boundaries of the former landfill, and will be included as conditions of the easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH On June 11, 2012, a Type 1 Hearing for the Project Development Plan for Legacy Senior Residences was held. City staff received comments from Save the Poudre noting concerns with the proposed development and off-site easements. The concerns noted that related to the requested easements included: • “The project may propose to drain stormwater directly into the Poudre River which may impact river flows, water quality, and aquatic wildlife.” • “The project will be built in and abutting the Poudre River’s “Natural Habitat Buffer Zone.” • “The project increases human and vehicle traffic abutting the Poudre River’s sensitive ecological corridor.” ATTACHMENTS 1. Location Maps 2. Site Photographs 3 Area Environmental Detail Site Photographs Attachment 2 N Proposed Development Site Drainage Outfall Location Site Location – View from Linden Street ORDINANCE NO. 061, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEMENT ON CITY PROPERTY TO CORNERSTONE ASSOCIATES, LLC WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado, described as Lot 2, Northside Aztlan Community Center, and known as Old Fort Collins Heritage Park (the “City Property”); and WHEREAS, Cornerstone Associates, LLC (the “Developer”) has requested a drainage and landscaping easement, as described on Exhibit “A”, attached and incorporated herein (the “Drainage and Landscaping Easement”), and an access easement, as described on Exhibit “B” attached and incorporated herein (the “Access Easement”) on the City Property for the benefit of its development, Legacy Senior Residences PDP (the “Development”), which the Developer is planning to construct at 360 Linden Street; and WHEREAS, the proposed Drainage and Landscaping Easement would be used to provide stormwater outfall from the Development’s detention pond across the City Property to the Poudre River and for the installation and maintenance of landscaping improvements to serve as a transition and buffer between the Development and the Poudre River; and WHEREAS, the proposed Access Easement would be used to provide a pedestrian connection between the Development and the Poudre Trail located on the City Property; and WHEREAS, the Developer would compensate the City $6,200 for the Easements and for staff processing time; and WHEREAS, the Easements are located within the area covered by the 2004 Administrative Order on Consent between the Environmental Protection Agency, Public Service Company, Schrader Oil Company and the City, and within the boundaries of a former landfill subject to a State-approved soil Characterization and Management Plan; and WHEREAS, as a condition of granting the Easements the City would require the Developer to comply with the requirements of the Administrative Order on Consent and the Soil Characterization Management Plan; and WHEREAS, City staff has identified no negative impacts to the City resulting from the granting of the Easements; 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 in the name of the City, provided that the 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 and Landscaping Easement and Access Easement on the City Property to the Developer 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 and Landscaping Easement and Access Easement to the Developer 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 10th day of July, A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk