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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/21/2014 - FIRST READING OF ORDINANCE NO. 016, 2014, AUTHORIZAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 21, 2014 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Mark Sears, Natural Areas Program Manager Daylan Figgs, Senior Environmental Planner SUBJECT First Reading of Ordinance No. 016, 2014, Authorizing the Conveyance of a Temporary Construction Easement and Right-of-Way on Long View Farm Open Space to the Colorado Department of Transportation. EXECUTIVE SUMMARY The purpose of this item is to convey a right-of-way and temporary construction easement to the Colorado Department of Transportation. The Colorado Department of Transportation (CDOT) has requested to acquire in fee approximately 0.07 acres of right-of-way along with a temporary construction easement on Long View Farm Open Space, as part of the Hwy 392/US 287 Intersection project. The easement and right-of-way acquisition is needed to replace an existing stormwater pipe with a large box culvert. The project will impact a small section of a low value wetland on the property that will be mitigated through the Natural Areas wetland mitigation fund. STAFF RECOMMENDATION Staff recommends the adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION Long View Farm Open Space (Long View) was jointly acquired by Larimer County (the County), the City of Fort Collins (Fort Collins), and the City of Loveland (Loveland) in 1997 as a community separator open space property. The property was historically in dryland agriculture and remains in the same land use. The County is the majority owner of the property and, per an IGA, is the managing entity for the daily operations. However, Fort Collins and Loveland City Codes require any conveyance of a property right that the Cities hold to be approved by their respective City Councils. CDOT approached the County in early 2013 as part of the planning process for the redevelopment of the Hwy 392/US 287 Intersection project. (See Location Map and Easement Detail) The project will include the addition of turn lanes, sidewalks and improved stormwater conveyance at the intersection. Long View will be affected by the replacement of an existing stormwater pipe with a larger box culvert in the same location in the extreme northeast corner of the property. CDOT will acquire a 3,098 sq ft right-of-way in fee, and a 1,328 sq ft temporary construction easement in this corner of the property to allow construction and the placement of the new box culvert and outfall. The project will remove approximately 0.10 acre of designated wetlands in the easement area, essentially where the existing pipe outfall releases stormwater onto Long View. The wetlands have been assessed by Natural Area staff and have been found to be of low quality, with cattails and other non-native species dominating the site. The remaining area to be impacted by the project is dominated by smooth brome and will Agenda Item 11 Item # 11 Page 2 be reseeded with native seed mix. Legacy Land Trust (LLT) holds a conservation easement on Long View. In addition, the acquisition of the property in 1997 was partially funded by GOCO funding. Both entities require their respective approvals before a portion of a property can be conveyed to a different entity. The County is taking the lead in obtaining approvals from LLT and GOCO for the required approvals and amendments for this project. FINANCIAL / ECONOMIC IMPACT The value of the temporary easement and the fee right-of-way acquisition is valued at $1,270. As a 33% owner of Long View, Fort Collins will receive $419. The County is the managing entity for Long View, and is the main point of contact for the majority of the project details. Therefore, Natural Areas staff will not bill the hours associated with this project to CDOT and will not require the $1500 application fee. The impact to the wetlands caused by the project will be mitigated with a $9,750 payment to the Natural Areas wetland mitigation fund. ENVIRONMENTAL IMPACTS The construction of the box culvert will remove approximately 0.10 acre of designated wetlands on Long View. Natural Areas staff has surveyed the wetland to assess its value for rare flora or fauna and found it to be of low quality. CDOT has worked with the City to negotiate mitigation of the wetland loss which will be placed into the Natural Areas wetland mitigation fund to mitigate and/or restore high value wetlands off-site in the Natural Areas system. BOARD / COMMISSION RECOMMENDATION At its December 11, 2013, regular meeting the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the Ordinance. ATTACHMENTS 1. Location Map (PDF) 2. CDOT Easements Detail (PDF) 3. Land Conservation & Stewardship Board Meeting Minute, December 11, 2013 (PDF) SHIELDS DRAKE TAFT HILL TAFT LEMAY PROSPECT TRILBY TIMBERLINE ZIEGLER WILSON COLLEGE HARMONY CARPENTER GARFIELD MADISON LINCOLN 29TH BOISE BOYD LAKE COUNTY ROAD 17 COUNTY ROAD 19 37TH HORSETOOTH BUCHANAN 37TH LEMAY 29TH 37TH GLADE BOYD LAKE 57TH COUNTY ROAD 38E OVERLAND ELIZABETH GARFIELD KECHTER MASON COUNTY ROAD 11C COUNTY ROAD 23 CENTENNIAL RIVERSIDE 37TH BOISE MONROE REMINGTON 29TH COUNTY ROAD 30 71ST BOARDWALK DENVER 66TH COUNTY ROAD 9 COUNTY ROAD 13 COUNTY ROAD 24 COUNTY ROAD 42C LANDINGS 57TH 57TH 29TH COLLEGE ATTACHMENT 2 Longview Farm – Temporary and Permanent Easements – Daylan The Colorado Department of Transportation (CDOT) has requested to acquire in fee approximately .07 acres of Right of Way along with a temporary construction easement on Long View Farm Open Space, as part of the Hwy 92/US 287 Intersection project, removing approximately .10 acre of designated wetlands on Long View. The project will include the addition of turn lanes, sidewalks and improved Stormwater conveyance at the intersection. CDOT will acquire a 3,098 sq. ft. ROW in fee, and a 1,328 sq. ft. temporary construction easement in this corner of the property Long View Farm is jointly owned by Larimer County, the City of Fort Collins, and the City of Loveland. This is a partnership project. The easement and Right of Way acquisition is needed to replace an existing stormwater pipe with a large box culvert. The project will impact a small section, .10 acre, of a low value wetland on the property that will be mitigated through the Natural Areas wetland mitigation fund. Both of these areas are located in a small, low quality wetland area, so there is a wetland mitigation impact that they will need to address. Part of the agreement to this project is that payment of the NAD $9,750.00 to put in to a wetland restoration project. Discussion: K-Lynn affirmed that this is a City’s Natural Areas Wetland Mitigation’s Fund and not the county’s. Loveland and Larimer County don’t have a wetland mitigation fund. This is one of three approvals that need to be approved as Larimer County and Loveland will have to get approval from their Boards as well. The County is the managing entity for Long View, and is main point of contact for the majority of the details of the project. Legacy Land Trust will also have to approve the project since they hold the conservation easement on the property. The Right of Way and Temporary easement is valued at $1,270. As a 33% owner of Long View, Fort Collins will receive $419. There were some concerns from Michelle G. about approving the easement and allowing disturbance in a natural area. Michelle thought the easement would just allow them the simple permission to allow a road through Long View Farm Open Space. Daylan explained that the area is very small. Michelle was concerned about how much additional property we would have to give up in the future and questioned what they would want next. Daylan expressed that specific area has never been an area that we’ve identified as a conservation area anyway. Michelle was concerned about how much property we would have to give up in the future. Since it’s in the City Streets Master Plan and the City Development Plan and was approved by the city, the project is going to move forward. If Carpenter was to be extended then at least there is an easement in place. Historically the big discussion was that Carpenter would go all the way through to Shields and then all the way to Taft Hill. There was concern about when Carpenter gets extended that they will need more right-of-way. Even though the current proposal is a small portion, Michelle G. felt that it would be the beginning of more land later. Mark is saying that it won’t go through and there’s a development proposal but it isn’t a main arterial. Language in our Easement Policy is clear that as long as the easement request is in the City’s Master Plan, we’re pretty much going to work with them. Kent Leier made a motion that the Land Conservation and Stewardship Board recommend that City Council approve a temporary construction easement and convey a portion of Long View Farm Open Space to the Colorado Department of Transportation for construction of a stormwater box culvert. Edward seconded the motion. Motion was unanimously approved. Michelle Grooms was opposed. LAND CONSERVATION & STEWARDSHIP BOARD December 11, 2013 ATTACHMENT 3 - 1 - ORDINANCE NO. 016, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY ON LONG VIEW FARM OPEN SPACE TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the City, Larimer County and the City of Loveland are joint owners of a parcel of real property acquired in 1997 known as Long View Farm Open Space, which is described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, as part of its State Highway 392/U.S. Highway 287 Interchange Project (the “Project”) the Colorado Department of Transportation (“CDOT”) is requesting the conveyance of two interests in the Property: approximately .07 acres of fee simple right-of-way as described on Exhibit “B”, attached hereto and incorporated herein by reference (the “Right-of-Way”), and a temporary construction easement as described on Exhibit “C”, attached hereto and incorporated herein by reference (the “TCE”); and WHEREAS, the Project will add turn lanes and sidewalks and improve stormwater conveyance at the intersection, which is the southern boundary of the City; and WHEREAS, while the County is the majority owner of the Property and the managing entity for daily operations, City Council authorization is required under the City Code for the conveyance of any interest in real property owned by the City; and WHEREAS, CDOT will pay compensation of $1,270 for the TCE and the Right-of-Way, of which the City, as a 33% owner of the Property, will receive $419; and WHEREAS, CDOT will not be required to pay the City an application fee or pay for Natural Areas staff’s time on this Project as the County is the main point of contact for the majority of the Project details; and WHEREAS, CDOT will mitigate the impact to wetlands on the Property caused by the Project by making a $9,750 payment to the Natural Areas wetland mitigation fund; and WHEREAS, at its regular meeting of December 11, 2013, the Land Conservation and Stewardship Board voted to recommend adoption of this Ordinance; 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: - 2 - Section 1. That the City Council hereby finds that, because of the benefit to the citizens of Fort Collins provided by the intersection improvements, the conveyance of the Right- of-Way and TCE on Long View farm to CDOT 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 Right-of-Way and TCE to CDOT 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 or to effectuate the purpose of this Ordinance, including, but not limited to, any necessary changes to the description of the property interests to be conveyed, as long as such changes do not materially increase the size or change the character of such property interests. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A EXHIBIT B EXHIBIT "B" EXHIBIT C HIGHWAY 34 EISENHOWER Natural Areas General City Natural Areas City Open Lands Other Agency Natural Areas Created by City of Fort Collins Natural Areas - 2013 City Natural Areas ¹ City Open Lands Other Agency Natural Areas 0 0.5 1 2 Miles Long View Farm Open Space LONG VIEW FARM OPEN SPACE