Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2013 - ITEMS RELATING TO THE CONVEYANCE OF EASEMENTS ON SDATE: 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. 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 COPY COPY COPY COPY ATTACHMENT 1 DATE: March 5, 2013 STAFF: John Stokes, Mark Sears, Tawnya Ernst, Daylan Figgs AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non-Exclusive Drainage Easement on Salyer Natural Area to Charles Meserlian. EXECUTIVE SUMMARY The Hickory Commons project is a proposed live/work residential development located immediately north of Salyer Natural Area along Hemlock Street. The site is currently undeveloped, and the proposed project will include impermeable surfaces that will increase stormwater runoff from the site. Stormwater will be collected in a detention pond, and then released at a controlled rate through a buried pipeline within the existing Hemlock Street right-of-way. There will be no impacts to Salyer Natural Area; the easement only allows stormwater to cross the property to the Cache la Poudre River and does not involve construction of any improvements on NAD property. BACKGROUND / DISCUSSION The Hickory Commons Project Development Plan was first submitted in 2011 and was approved by an administrative hearing officer in January 2013. Troy Jones is the Applicant. The residential development project is proposed on two parcels immediately north of Salyer Natural Area (Salyer), along Hemlock Street (Hemlock) west of North College Avenue. The parcels are currently undeveloped and any water that flows from the site follows a natural drainage course generally to the south. Subsequently, the Hickory Commons proposed outfall is on Salyer. The proposed development will create impermeable surfaces typical with this type of development, and will result in an increase of stormwater runoff. As a condition of approval, the Applicant is required to obtain the necessary easements to handle the runoff prior to being able to submit for a Final Plan. The Hickory Commons system being proposed does treat the runoff before it goes into the pipe and meets all present water quality treatment requirements. Hickory Commons is not required to use the proposed Low Impact Development (LID) methods which promote filtration and infiltration because it was submitted and approved prior to the upcoming adoption of these regulations. Even if this development had been submitted under the proposed regulations, stormwater quality filtration systems (LID) are designed to treat and reduce runoff from the minor storms, (roughly the first half an inch of precipitation) which are the most damaging from a water quality standpoint. Once saturation is reached in the infiltration system, stormwater regulations would still require the site to be drained through an overflow system to account for the larger storm events and this drainage pipe outfall system would be needed. The stormwater plan developed for the site will detain runoff from the project area within a stormwater detention pond constructed within the Hickory Commons development site and designed to contain the 10 year event. Water will then be released in a controlled rate from the pond to the River via a stormwater pipe located within the Hemlock Street right of way. Currently, there is no natural path for the stormwater to exit the property from the detention pond. The applicant has worked with the Natural Areas Department (NAD) staff and other City departments to propose installing an 18” stormwater pipe from the pond within the existing right of way to an outfall into an oxbow of the River. Once the stormwater enters Salyer, it will flow within the existing channel of the oxbow approximately 800 linear feet until it spills into the main channel of the River. The improvements will all be within the development site or the existing right of way. No construction will occur or impact the NAD property (Attachment 2). Alternatives Analysis Alternative A This alternative calls for flow from the site to be discharged overland. Runoff would flow over the existing weir structure onto Hemlock Street, and continue through Salyer towards the River. This alternative would require a large easement, and could cause negative impacts to the Property such as soil erosion. COPY COPY COPY COPY March 5, 2013 -2- ITEM 19 Alternative B This alternative calls for an underground storm pipe running alongside the existing Hickory Trail. This pipe would discharge directly to the River, but would cause considerable construction disturbance to Salyer. Several manholes would also be required within the Natural Area. Alternative C This preferred alternative places the entire proposed storm pipe within the existing Hemlock Street right of way. The pipe will discharge into a natural drainage way which traverses Salyer and ultimately discharges to the River. This drainage way is very well established, with substantial native vegetation to minimize the potential for future erosion. This alternative does not require any construction within the Natural Area. It should also be noted that Alternative C allows for regional drainage from other properties in the area, and helps to solve other drainage issues which currently exist. Also, the location of the stormwater pipe will allow connections for other properties as they develop. This approach will avoid future requests for easements and focus stormwater runoff into this single project. The project has gone through the City Development Review process and has been approved as proposed subject to securing this drainage easement. FINANCIAL / ECONOMIC IMPACTS The applicant has paid a $1500 application fee to the NAD. There will be no financial impact to NAD due to the project due to the small size of the project and no improvements located on the property. ENVIRONMENTAL IMPACTS There will be no significant environmental impact from the project due to the fact that no improvements or construction will take place on NAD property, and a small and controlled volume of stormwater will flow through the existing channel of the oxbow to the main channel of the River only during storm events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the drainage easement on Salyer Natural Area (see Attachment 3). ATTACHMENTS 1. Location Map 2. Project Map 3. Land Conservation and Stewardship Board recommendation and minutes, February 13, 2013 ORDINANCE NO. 043, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON SALYER NATURAL AREA TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property known as Salyer Natural Area, which is described on Exhibit “A”, attached and incorporated herein by reference(the “City Property”); and WHEREAS, Charles Meserlian (the “Developer”) is planning the Hickory Commons project, a residential development located north of the City Property along Hemlock Street (the “Development”); and WHEREAS, in order to provide stormwater drainage for the Development, the Developer is proposing to detain runoff in an on-site pond, then release the runoff through a pipe located in the Hemlock Street right-of-way that would empty into an oxbow of the Poudre River located on the City Property; and WHEREAS, no construction would occur on the City Property, and no improvements would be located on the City Property; however, the Developer requires an easement from the City to allow for the change in the rate and location of the stormwater flows on the City Property as a result of the Development; and WHEREAS, the proposed easement would cover the westerly 190 feet of the City Property as shown on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, a surveyed legal description would be prepared before the City grants the Easement, and; WHEREAS, the Developer has paid a $1500 application fee to the Natural Areas Department as compensation for City staff’s time to process this request; and WHEREAS, City staff has not identified any negative impacts to the City Property resulting from the grant of the Easement; 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 City Council hereby finds that the conveyance of the Easement on the City Property to Charles Meserlian 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 Easement to Charles Meserlian 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 legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk SALYER NATURAL AREA MCMURRY NATURAL AREA ¹ Hickory Commons Drainage Easement Area Created by City of Fort Collins Natural Areas - 2013 Project Area Larimer County 0 50 100 200 300 Feet Hickory Commons Drainage Easement City of Fort Collins Natural Areas City Parcels Drainage Easement Area Hickory Commons Property Estimated In Drainage Existing ROW Pipe Location 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.