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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/20/2011 - SECOND READING OF ORDINANCE NO. 121, 2011, AUTHORIDATE: September 20, 2011 STAFF: Jon Haukaas Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 121, 2011, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey. EXECUTIVE SUMMARY In 1992, the final plat of Clarendon Hills Fifth Filing dedicated Tract E to the City of Fort Collins for the purposes of storm drainage, flood plain management and Department of Parks and Recreation use. The intended purpose of the Parks and Recreation use was for a bike trail. In 1998, the location of the bike trail was changed to be adjacent to Shields Street. To accommodate this change, the City acquired Tracts A, B, and D of Clarendon Hills Fifth Filing for the bike trail that has been constructed and is now in use. Due to the City’s change of use for Tract E, the adjacent property owners, Kevin and Julia Caffrey, have expressed an interest to obtain the portion of Tract E that abuts their property at 5424 Hilldale Court. This Ordinance, unanimously adopted on First Reading on September 6, 2011, authorizes the conveyance to the Caffreys of two small triangular areas in Tract E, totaling 547 square feet in area, that are outside the erosion buffer limits, the City’s floodway, and therefore are not required for flood plain management or for storm drainage by the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - September 6, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: September 6, 2011 STAFF: Jon Haukaas Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT First Reading of Ordinance No. 121, 2011, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Kevin P. Caffrey and Julia J. Caffrey. EXECUTIVE SUMMARY In 1992, the final plat of Clarendon Hills Fifth Filing dedicated Tract E to the City of Fort Collins for the purposes of storm drainage, flood plain management and Department of Parks and Recreation use. The intended purpose of the Parks and Recreation use was for a bike trail. In 1998, the location of the bike trail was changed to be adjacent to Shields Street. To accommodate this change, the City acquired Tracts A, B, and D of Clarendon Hills Fifth Filing for the bike trail that has been constructed and is now in use. Due to the City’s change of use for Tract E, the adjacent property owners, Kevin and Julia Caffrey, have expressed an interest to obtain the portion of Tract E that abuts their property at 5424 Hilldale Court. BACKGROUND / DISCUSSION Tract E of Clarendon Hills Fifth Filing is adjacent to Burns Tributary. While the City does not need to use any portion of Tract E for a bike trail, the City’s needs remain for storm drainage and flood plain management. With the City needs for Tract E, City staff told the Caffreys that their request to obtain Tract E adjacent to their property was not possible. In ongoing discussions with the Caffreys, staff did identify two small triangular areas that were outside the erosion buffer limits, the City’s floodway, and therefore are not required for flood plain management or for storm drainage by the City. These areas total 547 square feet and are shown on the attached City Flood Risk Map. City staff presented this option to the Caffreys and they have requested to obtain the identified property containing 547 square feet. The original design of Fossil Creek Trail placed the trail through a Shields Street underpass and followed the Burns Tributary though Tract E to Fossil Creek. Detailed review of this route indicated very limited space existed for the trail next to the Burns Tributary; the trail would cross a local street at grade, and would have required a trail bridge over Fossil Creek. The Burns Tributary takes a circular route from the underpass area, ending a few hundred feet east of Shields Street when it joins Fossil Creek. This route’s impact to the Burns Tributary and ending point just east of Shields Street were factors resulting in this route not being selected for the trail. City staff decided to direct trail traffic to the east sidewalk along Shields Street from the Burns Tributary south to Fossil Creek Drive where the trail follows road right-of-way east toward College Avenue. FINANCIAL / ECONOMIC IMPACTS The Caffreys have agreed to compensate the City $1,000 for the purchase of the property. The value of the subject property is minimized due to its current use and its location. The property can only be used by the City or by the adjacent property owner. The future use of the property is restricted due to the area zoning of RL – low density residential. With this zoning, the Caffreys’ use of the new property will be limited to landscape improvements. They will also assume the maintenance responsibilities. ENVIRONMENTAL IMPACTS Staff has not identified any environmental impacts for this proposed conveyance since the subject property is outside of the City’s Floodway (100-year floodplain). COPY COPY COPY COPY September 6, 2011 -2- ITEM 21 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Location map 2. City Flood Risk Map ORDINANCE NO. 121, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORMWATER UTILITY PROPERTY TO KEVIN P. CAFFREY AND JULIA J. CAFFREY WHEREAS, the City is the owner of Tract E, Clarendon Hills Fifth Filing, located along Burns Tributary; and WHEREAS, Tract E was dedicated to the City for storm drainage, flood plain management, and Department of Parks and Recreation use with the final plat of Clarendon Hills Fifth Filing in 1992; and WHEREAS, the City changed Fossil Creek Trail’s location to Shields Street and Parks and Recreation has no further need for any portion of Tract E; and WHEREAS, the City still uses the majority of Tract E for storm drainage and flood plain management; and WHEREAS, City staff has identified two triangular areas totaling 547 square feet (“Remnant Parcels”) that are no longer needed because these areas are outside the erosion buffer and the City’s floodway; and WHEREAS, Kevin P. Caffrey and Julia J. Caffrey (“Caffreys”) have requested that the City convey the Remnant Parcels to them for use with their adjacent residential lot; and WHEREAS, City staff has not identified any negative impacts to the City resulting from the conveyance of the Remnant parcels described herein; and WHEREAS, although the statutory provisions establishing the disposition of dedicated rights-of-way upon vacation do not apply in this instance, the proposed conveyance is consistent with the principle embodied in that statute of returning the dedicated land to the parcel from which it was dedicated; and WHEREAS, due to the small area of the Remnant Parcels, the value of the land is nominal, and the Caffreys have agreed to compensate the City $1,000 for the Remnant Parcels; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by a City Utility, provided the Council first finds by ordinance that such sale or other disposition will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens and 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 Remnant Parcels to the Caffreys as provided herein will not materially impair the viability of the affected utility system as a whole and will be for the benefit of the citizens of the City and is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Remnant Parcels to Kevin P. Caffrey and Julia J. Caffrey, 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 description of the Remnant Property, as long as such changes do not materially increase the size or change the character of the Remnant Property. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2011, and to be presented for final passage on the 20th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk