HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2012 - RESOLUTION 2012-101 AUTHORIZING A REVOCABLE PERMITDATE: November 6, 2012
STAFF: Lindsay Kuntz
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Resolution 2012-101 Authorizing a Revocable Permit for Brinkman Construction, Inc. to Access City Property to
Complete Mitigation Activities for the Construction of Tilden Street.
EXECUTIVE SUMMARY
In 2008, Council adopted Ordinance No. 030, 2008, authorizing the dedication of a portion of City property located at
2313 Kechter Road as Tilden Street. The property located west of the City property has been planned as the Kechter
Crossing development. Tilden Street is located along the property boundary between the two properties. The
developer of Kechter Crossing, Brinkman Construction, Inc., plans to begin construction of its development soon,
including work within the new right-of-way of Tilden Street. This work will require the relocation of a number of site
improvements in the right-of-way areas that are owned by the City. City staff has asked the Developer to relocate and
replace a number of these site improvements elsewhere on the City property. The revocable permit will allow the
developer access to the City property to perform the requested mitigation activities.
BACKGROUND / DISCUSSION
The City property located at 2313 Kechter Road was purchased in 2006 as part the of the City’s Land Bank Program.
The City Real Estate Services Department manages this 16-acre property as a residential rental property and will
continue to do so until the property is ready to be developed in the future. Tilden Street runs along the west boundary
of the property where the existing driveway is located. Site improvements located within the new right-of-way include
fencing, a small shed, and gates.
City staff has met with the developer and the City’s current tenant at the property to evaluate the new right-of-way
alignment and the affected site improvements. The developer has prepared a Mitigation Plan outlining the items that
were identified that need to be relocated and replaced. The developer will also be required to install new driveway
improvements to connect to the new road.
As part of the terms of the revocable permit, the developer will be required to restore the City property after the work
is completed, as well as, maintain access for the City’s tenant at all times. All work occurring on the property will be
coordinated with City staff and the City’s tenant.
FINANCIAL / ECONOMIC IMPACTS
All mitigation activities on the City property will be done at the developer’s cost. No additional fees will be charged for
the revocable permit given the work has been requested by the City for the benefit of the City and the City’s tenant.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
ATTACHMENTS
1. Location Map
2. Mitigation Activities Summary
Tilden Street
ZEPHYR RD
S TIMBERLINE RD
E COUNTY ROAD 36
RABBIT CREEK RD
KECHTER RD KECHTER RD
Revocable Construction Permit Location to Brinkman Map
±
Kechter Crossing
Development
Location
Tilden City Property Street Location Boundary
Attachment 1
Revocable Permit Area
Attachment 2:
Mitigation Activities Summary
Kechter Crossing Development
Mitigation Activities on City Property at
2313 Kechter Road
• Driveway Connection - Provide new driveway connection for residence located on City
Property. Driveway width shall be wide enough to accommodate large trucks and horse
trailers used by City’s tenant.
• Fence Relocation – Relocate all fences within Tilden Street right of way to a location 2
feet behind the right of way line. The existing fencing material may be reused provided
that the materials are in good condition and any damage done to the fence during the
relocation is repaired or replaced.
• Horse Pasture Alley Relocation – Relocate alley fencing in south pasture to provide
pasture access as shown on Mitigation Plan.
• Temporary Fencing – Temporary fencing acceptable to the City shall be provided to keep
the tenants horses safe and secure and out of the Permit Area during construction and
establishment of the native grasses in the area disturbed.
• Shed Relocation – Relocate existing lean-to shed on south end of property. The existing
shed material may be reused provided that the materials are in good condition. Should
the materials not withstand relocation, the developer will provide a new replacement
lean-to structure.
• Relocate gates and horse water trough as shown on Mitigation Plan.
• Construct new passage over existing ditch as shown on Mitigation Plan.
• Disturbed areas must be restored upon completion of all mitigation activities.
RESOLUTION 2012-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR BRINKMAN CONSTRUCTION, INC.
TO ACCESS CITY PROPERTY TO COMPLETE MITIGATION ACTIVITIES FOR THE
CONSTRUCTION OF TILDEN STREET
WHEREAS, the City is the owner of a parcel of real property located at 2313 Kechter Road
in Fort Collins, Colorado, identified in the County records as parcel number 86080-00-913 (the
“City Property”); and
WHEREAS, the City Property is approximately 16 acres in size and is managed by the City’s
Real Estate Services Department as part of the Land Bank Program; and
WHEREAS, Brinkman Construction, Inc., (the “Developer”) is constructing a development
adjacent to the City Property known as Kechter Crossing (the “Development”); and
WHEREAS, on March 18, 2008, the City Council passed Ordinance 030, 2008 authorizing
the dedication of a strip of property on the west boundary of the City Property as right-of-way for
Tilden Street as part of the Development; and
WHEREAS, the Developer plans to construct improvements to Tilden Street as part of the
Development; and
WHEREAS, as a condition of dedicating the right-of-way, City staff has asked the Developer
to relocate and install elsewhere on the City Property a number of City-owned site improvements
currently within the Tilden Street right-of-way as shown on Exhibit “A”, attached and incorporated
herein by reference (the “Mitigation Plan”); and
WHEREAS, the Developer has requested a revocable permit to access the City Property to
complete the activities outlined on the Mitigation Plan; and
WHEREAS, the permit area would be in the location labeled “Permit Area” on Exhibit “A”;
and
WHEREAS, it is in the City’s best interest for the Developer to complete the requested
activities; and
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to permit
the use or occupancy of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the granting of a revocable permit,
as described herein, is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to grant a revocable permit to Brinkman Construction, Inc., on terms and conditions
consistent with this Resolution, together with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City or to effectuate the purposes of this Resolution, including any
necessary corrections to the description of the Permit Area, as long as such changes do not
materially increase the size or change the character of the Permit Area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of November A.D. 2012.
Mayor
ATTEST:
City Clerk