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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2011 - SECOND READING OF ORDINANCE 050, 2011, AUTHORIZING DATE: May 3, 2011 STAFF: Helen Matson _ Bruce Hendee Second Reading of Ordinance 050,2011,Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right-of-Way Adjacent to 200 South College Avenue to 314 E. Mountain, LLC. EXECUTIVE SUMMARY 314 E. Mountain, LLC(Applicant)recently purchased the first floor of the condominium building at 200 South College Avenue, located at the southeast corner of College Avenue and Oak Street. The Applicant is making some modifications to the first floor, some of which are on the outside of the structure. Since the property line for this building is only about a foot from the lot line, these structure modifications will be in the City right-of-way(sidewalks of College and Oak). This Ordinance, unanimously adopted on First Reading on April 19, 2011, authorizes two pedestrian and access easements to allow the installation of stairs and ramps within the right-of-way on the north side of the building(Oak Street). This Ordinance grants two easements,but does not vacate the City's right-of-way. BACKGROUND / DISCUSSION The following information is new and is in response to the concerns and questions by Council during discussion on April 19, 2011. The approval process for the modifications desired at 200 South College is a Minor Amendment. The Applicant's architect submitted the Application to Zoning in January 2011. Zoning then routed the Minor Amendment application with plan drawings to various departments for their comments and approval. Staff from the following departments reviewed this Minor Amendment request: Current Planning, Engineering Development, Fire Authority, Stormwater Engineering,Stormwater Floodplain,Technical Services,Water and Wastewater Utilities. Each department provides comments, questions, or approval to Zoning. The Zoning department then communicates with the Applicant for answers. This process continues until all departments approve the Minor Amendment,without questions or concerns. The only department that has not approved this request is Engineering Development Review. They will need to approve the structural engineering of the steps, landing and ramp. The final approval is on hold until Council approves the easement. Concerns have been raised about the impact to the right-of-way and future City use of the right-of-way: On Friday, April 22,2011,City employees Bruce Hendee,Assistant to the City Manager and Helen Matson, Real Estate Services Manager, met with the Applicant at the site to review the proposed site conditions. In reviewing the request, the Applicant had chalked the sidewalk to indicate the proposed location of the ramp and stairs that would extend into the sidewalk. As the site currently exists, it is an unadorned walkway extending between the Remington parking lot and College Avenue. Future plans for downtown have indicated the potential of a future hotel site on the Remington Street parking lot. If and when a hotel is constructed on the site, this would create more east/west pedestrian traffic than exists today. Given this potential consideration, it is important to maintain adequate unobstructed sidewalk width to allow for this pedestrian movement. Land Use Code Division 4.16(E) (1)(b) allows for outdoor cafes on sidewalks including areas within the public right of way "provided that pedestrian...access not be impaired." The Code additionally states that a" minimum of 7 feet of unobstructed sidewalk along the curb and leading to the entrance of an establishment shall be maintained free of tables and other encumbrances." The Downtown Strategic Plan states that the ideal sidewalk dimension is 16 feet with an unobstructed width of 7 feet. In reviewing the proposed site plan and reviewing the site,there will be approximately 10 feet 11 inches clear between the staircase the curb,which more than meets the intent of the plan and Land Use Code. The softer considerations have to do with future land use and whether this makes sense from an urban design perspective. In reviewing the site in the field and taking into consideration the future use of a potential hotel site (or other redevelopment), staff believes the proposed amendment is an acceptable solution. Research in urban design has demonstrated a positive correlation between complexity of urban spaces and their popularity (DeJonge, 1978). Additionally the popular William H. Whyte book The Social Life of Small Urban Spaces discusses his research on the May 3, 2011 -2- ITEM 15 development of city spaces. Both indicate the value of creating people places with sitting and speaking opportunities, and in adding to the urban fabric in ways that add features of interest. The key issue here is not so much the sidewalk width as the vitality of the space. Today it is a pass-through. It is the way people get from the Remington lot to College Avenue. It can become more complex,and if it does,smaller walks may provide more value than larger walks. There are currently storefronts on the north side of the street, but nothing on the south side. By adding two entrances on the south side meaning begins to be added to an otherwise meaningless place. A small sidewalk width in this case is less important than creating a functioning place. This is an opportunity to begin the placemaking process. Now imagine in the future the hotel develops. The best outcome would be to make Oak Street a thriving link connecting from the hotel site to Mason Corridor. With restaurants,storefronts and rich urban design,the street-front can move from the position of pass-through space to a vital urban east/west access. Staff asked the Applicant and his architect to add enhanced metal work, an eyebrow over the door and add flowerpots to the streetscape to make it a more interesting appearance. They agreed and endorsed the idea of making this a better place. Prior to this meeting, the Applicant and his architect had already looked at possible opportunities to minimize their requested easement for the new steps. As discussed at the meeting, there are building restraints that will not allow the steps to go directly east of the landing. They did find that they could construct the steps and the hand railing and reduce the area of their request. The new easement description extends 9.46 feet onto Oak Street and contains 189 square feet. The earlier legal description extended 10.46 feet onto Oak Street. The legal description for these easement areas are attached to Exhibit"A"of Ordinance No. 050, 2011. The revised description is on pages 3 and 4 of the legal description. New attachments, listed below, are included in this item to give Council a better picture of the requested easement improvements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-April 19, 2011 (w/o attachments) 2. Detailed plan drawing of the north side of the building at 200 East Oak Street, the sidewalk right-of-way, and the proposed landing, steps and ramp 3. Photo of existing sidewalk and northern wall of building at 200 East Oak Street and photo with depiction of planned landing, steps, handrails and ramp ATTACHMENT DATE: April 19, 2011 AGENDA ITEM SUMMARY STAFF: Helen Matson FORT AIM First Reading of Ordinance 050,2011,Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right-of-Way Adjacent to 200 South College Avenue to 314 E. Mountain, LLC. EXECUTIVE SUMMARY 314 E. Mountain, LLC ("Owner") recently purchased the fi Est floor of the condom inium building at 200 South College Avenue,located at the southeast corner of College Avenue and_OakStreet).The Owner is making some modifications to the first floor,some of which are on he outside�of the structure. Since the property line for this building is only about a foot from the lot line, these structure\modifications will�be in1the City right-'of-way(sidewalks of College and Oak). The Owner has requested two pedestrian and access easements to allow the installation of stairs and ramps within the right-of-way on the north side of the building (Oak Street). BACKGROUND/ DISCUSSION When this building was constructed in 2005, concrete steps and a ramp were constructed at the northwest corner of the building. The Owner's remodel plans call for a new door in the middle of the north side of the building. Along with the door, there are planned steps and-a-ramp to be-constructed-on,the sidewalk. When the existing steps and ramp were constructed, their encroachment in'the right-of-way was authorized through a revocable permit. The Owner's architect applied for a,revocable permitlfor the construction of the new steps and ramp. However, given the permanent-nature of"the improvements, they City determined that the granting of a permanent easement is more appropriate. The easement for the new improvements would be terminable if the improvements are never built and either easement would be terminable if the improvements within it are ever permanently removed. This easement request includes the existing steps and ramp and the planned steps and ramp. The area of the existing step and ramp is 85 square feet and the area of the planned steps and ramp is 195 square feet, for a total of 280 square feet. The impact to the existing sidewalk is minimal. The sidewalk on East Oak Street is approximately 20 feet wide. The door landing and steps will extend ten feet onto the sidewalk, which will leave an unencumbered sidewalk of 10 feet at the widest portion of this request. The construction will match the existing ramp and steps. FINANCIAL/ ECONOMIC IMPACTSf/ (0 P y The consideration for this easement request is$4,900. The value of the easement area was calculated at$17.50 per square foot. Real Estate Services staff set this value after consulting with a certified general appraiser. In addition to the easement payment, the Owner will pay an easement processing fee of$1,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First-Reading. ATTACHMENTS 1. Location Map. OAK STREET EXIS NG DIAGONAL PUBLIC RKING EXISTING PLANTER Oo 0 XISTING STING EW PLA XISTING TRENC XISTING XISTING XISTING TREES ,—EXISTING STREET URB SIG POTS DRAIN IN SIDEWAL SIGNS BIKE RACK ITH GRATE LIGHT POLE W T W Z !R CL R J LLB 1 10'"11 J, Q Q / 9 -6"+ Lu n IS ING Li NDINC RAMPS P 20 " " + 9' Lu "+ 10.0 J SE ENT sID l° uK c _ E LANDING, STEPS RAMP WI RAILINGS J (RE: XHIBIT OR DET IL DESC IPTION) _ I 9'-3" O — ooF LL XISTING ENTR TO U RESIDENTIAL FTS NO NEW RAMP (FLOORS 2,3 & BUILDING WALL 5- " DOWN (1 :12 SLOPE) II ASEMENT OF PRoeoseo New EuION (RE: EXHIBITS FOR DETAIL DESCRIPTION) LANDING i STEP(RAMP -NTRY DOOR TO �jII OR MEZZANINE LEVEL & GARDEN PARTIAL SITE PLAN - 200 S . COLLEGE AVE . - OAK ST . SIDEWALK O 8 16 32 FEET NORTH The ARCHITECTS STUDIO, I„G. PROPOSED EASEMENT FOR NEW BUILDING ENTRY 26 APRIL 2011 151 WeM Mountain Avenue FM Collins, Colaetlo 80624 TEL 9794828125 FAX 970482UN k` fjef LN LLL ire tam 114 ANA The ARS UDIO S' ORDINANCE NO. 050, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PEDESTRIAN AND ACCESS EASEMENTS ON CITY RIGHT-OF-WAY ADJACENT TO 200 SOUTH COLLEGE AVENUE TO 314 E. MOUNTAIN, LLC. WHEREAS, the City is the owner of the Oak Street right-of-way adjacent to 200 South College Avenue (the "Building"); and WHEREAS,314 E.Mountain,LLC("Owner")recently purchased space at the Building and is planning to modify the first floor and the outside of the Building; and WHEREAS,the Owner has requested pedestrian and access easements from the City for an existing set of steps and ramp and for a new set of steps and a ramp located in the right-of-way on the north side of the Building (the "Easements"); and WHEREAS, the Easements are described and shown on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, the existing steps and ramp were installed pursuant to a revocable permit previously issued by the City; and WHEREAS, because the existing and proposed steps and ramps are permanent improvements, they are more appropriately authorized through permanent easements rather than a revocable permit; and WHEREAS, the proposed Easements would terminate if the improvements for which the Easements are granted are not built or are ever permanently removed; and WHEREAS,the Owner has agreed to pay the City$4,900 for the Easements and$1,000 for processing the easement request; and, WHEREAS, Section 23-111 of the City Code authorizes the City Council 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 interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE C1TY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements to the Owner,as set forth 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 Easements on terms and conditions consistent with this Ordinance, along with such additional items and conditions as the City Manager, in the consultation with the City Attorney,determines to be 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 to not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. LU h�okoFORT CO yor ATTEST: •ZN U° S-Im L e i City Clerk L W V Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk i AOONESS; PHONE, NORTHERN E N G I N E E R I N G 200 S.CoOege Ave.Suite 100 weestre, Port Cvlllne,COW524 FAX:970.221.4159 www.northernw&eer1n1,com Exhibit A Page 1 of 4 DESCRIPTION: A pedestrian easement being a portion of Oak Street Public Right of Way per The Original Town of Fort Collins Plat,located in the Southwest quarter of Section 12, Township 7 North,Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of.Larimer,State of Colorado being more particularly described as follows; Considering the North line of Lot 9,Block 122,The Original Town of Fort Collins Plat as bearing North 89°23'42"East,and with all bearing contained herein relative thereto: BEGINNING at the Northwest Comer of said Lot 9,thence,North 00031'06"West, 5.38 feet;thence,North 89°20'37"East,9.38 feet;thence, South 00°39'23"East,0.92 feet;thence,North 89°20'37"East,7.67 feet;thence,South 00°39'23"East,4.48 feet to a point on the North line of said Lot 9;thence along said North line,South 89023'42" West, 17.06 feet to the POINT OF BEGINNING. The above described easement contains 85 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March 15,2011 CNS 4;:00cuments,and,,$gtting�l�odyllesktopllVQ� estasement.docx__.. EXHIBIT A Page 2 of 4 A PEDESTRIAN EASEMENT BEING A PORTION OF OAK STREET PUBLIC RIGHT-OF-WAY PER THE ORIGINAL TOWN OF FORT COLONS PLAT,CITY OF FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO, OAK STREET PEDEST RI EASEMENT A! 2o 85 0307.3E9'23-E sq.ft. 0.92• 89'20'31'E N00'31'08"W 7.67 538 SOD39k3'E POINT OF > € 4.48' N8902342"E BEGINNING (BASIS OF BEARING) 58rM'42`W NORTHWEST CORNER I7.0ty NORTH LOT LINE OF LOT 9 OF LOT 9 LOT 9 BLOCK 122 z THE ORIGINAL TOWN OF FORT COLLINS w C9 ul QJ (.1 LOT10 BLOCK 122 THE ORIGINAL TOWN OF FORT COLLINS Io 0 10 Feat NORTH I NORTHERN IN FEET) ENGINEERING I inch 10 it. amle.rrrm mw�nnuwmnenr.u. MCI.44.Y MA CAI ADDRESS: PHONE:970.221.4158 NORTHERN 200S.Cnllage Ave.Suite IGO WEBSITE: - - ENGINEERING Fort Collins,CO80524 FAX:970.221.4159 mi..nmthernengineering.wm Exhibit A Page 3 of 4 DESCRIPTION: A pedestrian easement being a portion of Oak Street Public Right of Way per The Original Town of Fort Collins Plat, located in the Southwest quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the North line of Lot 9,Block 122,The Original Town of Fort Collins Plat as bearing North 89°23'42"East, and with all bearing contained herein relative thereto: Commencing at the Northwest corner of said Lot 9;thence along the North line of said Lot 9,North 89°23'42"East, 53.78 feet to the POINT OF BEGINNING; thence departing said North line,North 00'36'18"West, 6.02 feet; thence,North 89°23'42" East,22.70 feet;thence,North 00°36'18"West, 3.44 feet;thence,North 89°23'42" East, 5.53 feet;thence, South 00'36'18"East, 9.46 feet to a point on said North line; thence along said North line, South 89°23'42" West, 28.23 feet to the POINT OF BEGINMNG. The above described easement contains 189 square feet more or less and is subject to all easements and rights-of-way now on record or existing. April 25,2011 CNS T:Tody% isc.Projects\NOB\DwglExhibitslNOB East Easement.docx EXHIBIT A Page 4 of 4 A PEDESTRIAN EASEMENT BEING A PORTION OF OAK STREET PUBLIC RIGHT-OF-WAY PER THE ORIGINAL TOWN OF FORT COLLINS PLAT, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. S00'36'18"E N8973'42"E 5.53' NOD'36'18"W 3.44' o N EDESTRIAN EASEMENT N 189 sq.ft. M r a Gcepp, N VI Z ' POINT OF BEGINNING NCD'36'18*W 6.02' Z NORTH LOT LINE W Q OF LOT 9 W W � m � U) lL n LOT 9 LOT 10 0 U) BLOCK 122 BLOCK 122 Q THE ORIGINAL THE ORIGINAL m TOWN OF FORT COLLINS TOWN OF FORT COLLINS W 04 M N cn 00 Z POINT OF COMMENCEMENT NORTHWEST CORNER—/ OF LOT 9 COLLEGE AVENUE 10 0 10 Feet NORTH I NORTHERN IN FEET) ENGINEERING 1 inch - 10 It.