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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/06/2018 - SECOND READING OF ORDINANCE NO. 036, 2018, DECLARIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 6, 2018 City Council STAFF Tawnya Ernst, Real Estate Specialist III Kurt Friesen, Director of Park Planning & Development Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 036, 2018, Declaring Certain City-Owned Property on East Vine Drive as Road Right-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 20, 2018, declares a strip of property owned by the City as road right-of-way via the proposed Poudre River Whitewater Park Plat, as well as to authorize the City Manager to sign said plat. The City owns parcels of property located in the 100 and 200 blocks of East Vine Drive, and is finalizing documentation to acquire one remaining parcel. The parcels are part of the future Whitewater Park and include two parcels which were originally acquired by Natural Areas and Stormwater. The City of Fort Collins Parks and Engineering Departments are working in tandem to coordinate improvements to Vine Drive that will accommodate visitor traffic to the Whitewater Park. Construction on this project is anticipated to begin in this summer and will be completed summer 2019. This Ordinance officially establishes the portion needed for Vine Drive on the City’s property as public road right-of-way and authorizes the City Manager to dedicate such right-of-way through execution of the plat. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 036, 2018 (PDF) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY February 20, 2018 City Council STAFF Tawnya Ernst, Real Estate Specialist III Kurt Friesen, Director of Park Planning & Development Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 036, 2018, Declaring Certain City-Owned Property on East Vine Drive as Road Right-of-Way. EXECUTIVE SUMMARY The purpose of this item is to declare a strip of property owned by the City as road right-of-way via the proposed Poudre River Whitewater Park Plat, as well as to authorize the City Manager to sign said plat. The City owns parcels of property located in the 100 and 200 blocks of East Vine Drive, and is finalizing documentation to acquire one remaining parcel. The parcels are part of the future Whitewater Park and include two parcels which were originally acquired by Natural Areas and Stormwater. The City of Fort Collins Parks and Engineering Departments are working in tandem to coordinate improvements to Vine Drive that will accommodate visitor traffic to the Whitewater Park. Construction on this project is anticipated to begin in this summer and will be completed summer 2019. This Ordinance officially establishes the portion needed for Vine Drive on the City’s property as public road right-of-way and authorizes the City Manager to dedicate such right-of-way through execution of the plat. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City owns six parcels of property with frontage on East Vine Drive in the 100 and 200 blocks of said drive. Four of these parcels (101, 103, 105 and 203) were acquired in the last two years for the Whitewater Park. The other two (205 and 213) were acquired by Natural Areas and Stormwater in 2002 and 2011 respectively. All six parcels are being replatted and incorporated into the Whitewater Park, along with the easternmost portion of the property, which the City is in the process of acquiring from Inverness Innovation Park Association. The Whitewater Park is a planned 12.5-acre park that includes whitewater features, park gathering spaces, River overlooks, fish passage and habitat, stormwater improvements and restoration of the area. The Park project also includes road improvements and parking which necessitate additional right-of-way on Vine Drive. More particularly, the following will be added: 19 parallel parking spaces, a continuous bike lane, curb and gutter and a formalized right of way strip with trees, irrigation and turf grass. The project is identified on the attached vicinity map, included as Attachment 1. The Parks and Engineering Departments are coordinating on the design and implementation of the right-of-way improvements. Construction of the Whitewater Park and associated improvements is anticipated to begin summer 2018 and to wrap up in summer 2019. ATTACHMENT 1 Agenda Item 18 Item # 18 Page 2 The additional road right-of-way shown on the City parcels contains 7,283.525 square feet or 0.167 acres. Of the total of the area to be declared right-of-way, .06 acres is on Stormwater property. Construction of the whitewater park improvements on adjacent Parks and Natural Areas properties, in conjunction with future, upstream improvements, will benefit the Stormwater utility by enhancing flood protection on the Poudre River. The Stormwater Utility is not seeking additional compensation from the General Fund for the conversion of the .06 acres of Stormwater property to right-of-way. ATTACHMENTS 1. Whitewater Park Vicinity Map (PDF) -1- ORDINANCE NO. 036, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY ON EAST VINE DRIVE AS ROAD RIGHT-OF-WAY WHEREAS, the City owns certain parcels of property located on East Vine Drive north of the Poudre River, presently known as 101, 103, 105, 203, 205 and 213 East Vine Drive (the “City Property”); and WHEREAS, the City is also in the process of acquiring a parcel of land east of 213 East Vine Drive currently owned by Inverness Innovation Park Association (the “Inverness Parcel”); and WHEREAS, as part of the City’s planned development of a whitewater park on the Poudre River (the “Project”), the City is replatting the City Property, the Inverness Parcel, a parcel of land owned by Xcel Energy, and the City-owned Power Plant property south of the Poudre River currently leased to CSURF; and WHEREAS, the plat includes a dedication of two portions of the City Property totaling approximately .183 acres as additional road right-of-way for East Vine Drive in the areas indicated on Exhibit “A”, attached and incorporated herein by reference; and WHEREAS, the additional right-of-way would be used to make improvements to East Vine Drive as part of the Project; and WHEREAS, approximately 2500 square feet (.06 acres) of the proposed right-of-way is on property owned by the City’s Stormwater Utility; and WHEREAS, Article XII, Section 6 of the City Charter requires that all revenues of the City’s utilities be expended only for utility purposes determined by the Council to be beneficial to the ratepayers; and WHEREAS, the Stormwater Utility is partnering with the Parks Department and Natural Areas Department on the Project because construction of the Project improvements on Parks and Natural Areas properties, in conjunction with future, upstream improvements, will enhance flood protection along the Poudre River, and this benefit to the Stormwater Utility is of equivalent or greater value to the Utility than its investment in the Project, including the conversion of .06 acres of utility property to a General Fund purpose; and WHEREAS, converting a piece of property owned by the City in fee simple to right-of- way is tantamount to a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of any interests in real property owned by the City, provided -2- the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City and, for property that is part of the City’s water or utility systems, the City Council must also find that the disposition of the property will not materially impair the viability of the system as a whole, and will be for the benefit of the citizens of the City; and WHEREAS, the City Council determines that converting .183 acres of the City Property to right-of-way to facilitate the Project is in the best interest of the City and will benefit the City’s identified Natural Areas purposes as well as citizens of the City generally, because the Project will provide a recreational area adjacent to Old Town, return part of the Poudre River to a more natural state, and provide safe access to the water; and WHEREAS, the City Council determines that converting .06 acres of stormwater property to right-of-way will not impair the viability of the stormwater system as a whole and is beneficial to the ratepayers of the Stormwater Utility because of the flood protection benefits provided by the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit “A” shall constitute right-of-way for East Vine Drive and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 3. That following acquisition of the Inverness Parcel the City Manager is hereby authorized to execute the final plat for the Poudre River Whitewater Park, including dedication of the right-of-way as shown on Exhibit “A”, in substantially the form attached as Exhibit “A” along with such modifications as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, so long as such modifications do not substantially increase the portion of the City’s property being dedicated as right-of-way. Introduced, considered favorably on first reading, and ordered published this 20th day of February, A.D. 2018, and to be presented for final passage on the 6th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 6th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk LOT 2 8,639 SQ.FT. RIGHT OF WAY DEDICATED BY THIS PLAT 5,082 SQ.FT. 0.117 ACRES RIGHT OF WAY DEDICATED BY THIS PLAT 2,887 SQ.FT. 0.066 ACRES LOT 3 7,680 SQ.FT. LOT 1 636,285 SQ.FT. 14.607 ACRES LOT 1 636,285 SQ.FT. 14.607 ACRES LOT 1 636,285 SQ.FT. 14.607 ACRES LEGEND KING SURVEYORS 650 E. Garden Drive | Windsor, Colorado 80550 3 ** FOR VACATED LOT LINE AND EASEMENT DETAILS - SEE SHEET 4 OF 4 ** ** FOR LINE AND CURVE TABLE SEE SHEET 2 OF 4 ** Multiple Parcels of Land, A Portion Thereof Being a Replat of Tract A, Inverness Innovation Park First Filing, Situate in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado Attachment 2 EXHIBIT A