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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/16/2013 - SECOND READING OF ORDINANCE NO. 051, 2013, AUTHORIDATE: April 16, 2013 STAFF: John Stokes, Mark Sears, Tawnya Ernst, Craig Foreman Helen Matson, Daylan Figgs AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 051, 2013, Authorizing the Conveyance of a Non-Exclusive Drainage and Landscaping Easement and an Access Easement on the Hickory Trail Property to Charles Meserlian. EXECUTIVE SUMMARY Charles Meserlian (the “Developer”) is planning a 1.89 acre live/work residential development called Hickory Commons (the “Development”) located in the 300 block of Hemlock Street, immediately north of the City’s Salyer Natural Area and east of City-owned property known as the Hickory Trail. The Development requires off-site drainage and landscaping improvements on the Hickory Trail property. In order the complete the installation of the planned improvements, the Developer is requesting that the City grant a 3,601 square foot non-exclusive drainage and landscaping easement and an access easement on City-owned property. This Ordinance, unanimously adopted on First Reading on March 19, 2013, would authorize the conveyance of the non-exclusive drainage and landscaping easement and access easement on the Hickory Trail property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 19, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: March 19, 2013 STAFF: John Stokes, Mark Sears, Tawnya Ernst, Craig Foreman Helen Matson, Daylan Figgs AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Items Relating to the Conveyance of Easements on Salyer Natural Area to Charles Meserlian. A. Second Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non-Exclusive Drainage Easement on Salyer Natural Area to Charles Meserlian. B. First Reading of Ordinance No. 051, 2013, Authorizing the Conveyance of a Non-Exclusive Drainage and Landscaping Easement and an Access Easement on the Hickory Trail Property to Charles Meserlian. EXECUTIVE SUMMARY Charles Meserlian (the “Developer”) is planning a 1.89 acre live/work residential development called Hickory Commons (the “Development”) located in the 300 block of Hemlock Street, immediately north of the City’s Salyer Natural Area and east of City-owned property known as the Hickory Trail. The Development requires off-site drainage and landscaping improvements on the Hickory Trail property. In order the complete the installation of the planned improvements, the Developer is requesting that the City grant a 3,601 square foot non-exclusive drainage and landscaping easement and an access easement on City-owned property. The Development also requires a drainage easement on Salyer Natural Area for the discharge of stormwater that will be collected in a detention pond on the Development property and then released at a controlled rate through a buried pipeline within the Hemlock Street right-of-way. This easement only allows stormwater to cross the Salyer Natural Area Property to the Cache la Poudre River and does not involve construction of any improvements on Natural Areas Department property. Ordinance No. 043, 2013, unanimously adopted on First Reading on March 5, 2013, authorizes the conveyance of the non-exclusive drainage easement on the Salyer Natural Area to the Developer. Ordinance No. 051, 2013, would authorize the conveyance of the non-exclusive drainage and landscaping easement and access easement on the Hickory Trail property. BACKGROUND / DISCUSSION Hickory Commons is a proposed development in the City. The Development has a site of 1.89 acres and is located west of North College between Hemlock and Hickory Streets. The Development includes seven live/work buildings and a detention pond. The Development requires an 8 foot wide off-site drainage easement on the adjacent Hickory Trail property owned by the City. This easement is for a drainage swale to carry stormwater flows from the westerly five (5) feet of the Development to a pipeline on the Development that flows to their water quality pond. In addition, the Developer is required to provide landscaping for the Development and the Developer is asking to place this landscaping on the City's property. The area to be landscaped is eight (8) feet wide and is 450 feet long. In this area, the Developer will plant eight (8) trees and plant native grass. An irrigation system will be installed to water the trees and to establish the native grass. The Developer is requesting a drainage and landscaping easement from the City consisting of 3,601 square feet. The area of the requested easement abuts the developed trail and is currently undeveloped. This Development is also required to have connectivity to the Hickory Trail, so the Developer is planning to construct sidewalks in four locations from the Development to the Trail and he is requesting the City grant an access easement for the pedestrian connection. COPY COPY COPY COPY March 19, 2013 -2- ITEM 15 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 $1890. 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, including the irrigation system and associated water expenses, in perpetuity, ultimately reducing the City’s costs for maintenance on this portion of the Hickory Trail property. ENVIRONMENTAL IMPACTS None. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance No. 051, 2013 on First Reading and Ordinance No. 043, 2013 on Second Reading. City Parks staff has evaluated the proposed easements and they do not believe the conveyance of the easement interests will interfere with the intended use of the City’s Property as part of the Hickory Trail. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, March 5, 2013 (w/o attachments) 2. Location Map ORDINANCE NO.051, 2013 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 THE HICKORY TRAIL PROPERTY TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado known as the Hickory Trail, as described on Exhibit “A”, attached and incorporated herein (the “City Property”); and WHEREAS, Charles Meserlian (the “Developer”) has requested a drainage and landscaping easement, as described on Exhibit “B”, attached and incorporated herein (the “Drainage and Landscaping Easement”), and an access easement, as described on Exhibit “C”, attached and incorporated herein (the “Access Easement”) on the City Property for the benefit of the Hickory Commons project, a residential development which the Developer is planning to construct adjacent to the City Property in the 300 Block of Hemlock Street (the “Development”); and WHEREAS, the proposed Drainage and Landscaping Easement will be used to carry stormwater flows from the westerly five feet of the Development to a water quality pond on the Development property and for the installation and maintenance of landscaping improvements for the Development; and WHEREAS, the proposed Access Easement will be used to provide a pedestrian connection between the Development and the Hickory Trail located on the City Property; and WHEREAS, the Developer will compensate the City $1,890 for the Easements and for staff processing time; and WHEREAS, City staff has identified no negative impacts to the City that will result 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 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 Easements 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 Easements 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 19th day of March, A.D. 2013, and to be presented for final passage on the 16th day of April, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of April, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT “A” All that portion of the west 20.0 feet of the east half of vacated Fourth Avenue in Riverside Park in the City of Fort Collins, Larimer County, Colorado, that lies between the centerline of vacated Fourth Street and the East-West centerline of Section 2, T. 7 N., R. 69 W. of the Sixth Principal Meridian. Containing an area of 10,600 square feet or 0.24 of an acre, more or less.