HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2018 - FIRST READING OF ORDINANCE NO. 031, 2018 AUTHORIZIAgenda Item 24
Item # 24 Page 1
AGENDA ITEM SUMMARY February 6, 2018
City Council
STAFF
Mark Sears, Natural Areas Manager
Tawnya Ernst, Real Estate Specialist III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 031, 2018 Authorizing the Conveyance of a Portion of City-Owned Property at
Pineridge Natural Area to Michael and Mary Pat McCurdie.
EXECUTIVE SUMMARY
The purpose of this item is to consider the petition from Michael and Mary Pat McCurdie requesting the City to
sell them 606 square feet of Pine Ridge Natural Area.
STAFF RECOMMENDATION
Staff does not recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In July 2017, Michael and Mary Pat McCurdie submitted a petition (Attachment 3) to the City Manager’s Office
and the Natural Areas Department to acquire 606 square feet of Pine Ridge Natural Area land. The McCurdie’s
reside in Quail Ridge Subdivision (2930 Skimmerhorn Street).
In 2015, City Council approved minor land sales (1,350 to 6,945 SF) to six of the McCurdies’ neighbors to
resolve outstanding encroachment issues. At the time, the McCurdies had a minor encroachment as well.
Natural Areas staff met with the McCurdies to discuss resolution of the encroachment. However, the
McCurdies did not elect to pursue a purchase of the encroachment in part because they were easily able to
remove the encroachments and in part because Natural Areas staff told them that staff could not support the
sale since the encroachment was so easy to remove. Unlike the other encroachments, it did not contain
extensive, valuable and/or mature landscaping nor was it on an irregular-shaped in holding within the
subdivision that the City preferred not to own.
The McCurdies’ request is to add 606 square feet to their backyard and to smooth out their back-property line
between their two adjoining neighbors. Although the requested land sale is minor in nature, staff is concerned
about its potential precedent-setting nature since there are many natural areas with irregular boundaries.
Natural Areas has over 700 adjoining land owners, and over the years several of these adjoining land owners
have expressed interest in acquiring additional land from the City for various purposes. In each case staff
informed these land owners that staff would not support the sale of Natural Areas land and the land owners
chose to not proceed with a request. This request does not align within the recently adopted - amended Land
Disposition Guidelines (Attachment 2), although Council has the discretion to approve or deny any land sale.
As this request moves through the administrative process, staff is considering whether it would be helpful to
modify the Land Disposition Guidelines to provide more clarity as to when the City will consider small boundary
adjustments, such as this one. The suggested addition to the guidelines is as follows:
Agenda Item 24
Item # 24 Page 2
7. A land owner adjacent to a natural area can petition City Council to sell a parcel to resolve an
issue. The petitioner will be responsible for submitting a petition with all pertinent information
required for submittal to City Council and for paying all administrative, legal, surveying, land and
closing costs.
The McCurdies have been made aware that staff does not support the sale (see attached staff response),
however, they have decided to proceed. They have submitted the requested non-refund able $1,000 to cover
administrative costs for taking the request to Council with the understanding that the request may be denied by
Council.
CITY FINANCIAL IMPACTS
If City Council approves the sale, the McCurdies are obligated to pay the City an additional $500 to cover the
administrative costs to handle the land transaction for a total of $1,500 paid to the City to cover administrative
costs; pay their surveyor to complete and record the survey; and pay $606 ($1.00/SF) to the City for the land.
BOARD / COMMISSION RECOMMENDATION
At its January 10, 2018 meeting,the Land Conservation and Stewardship Board voted unanimously, to
recommend that City Council not approve Michael and Mary Pat McCurdie’s request to purchase land at Pine
Ridge Natural Area. (Attachments 5 and 6)
ATTACHMENTS
1. Vicinity Map and Property Location Map (PDF)
2. Land Disposition Guidelines (PDF)
3. Petition for Purchase - Mike McCurdie (PDF)
4. Natural Areas Response to McCurdies, October 24, 2017 (PDF)
5. Land Conservation and Stewardship Board Memo to Council - McCurdie Land Purchase Request
(PDF)
6. Land Conservation and Stewardship Board Minutes Excerpt , January 10, 2018 (PDF)
7. Powerpoint presentation (PDF)
McCurdie Land Purchase Request
Vicinity Map
W DRAKE RD
S OVERLAND TRL
S COUNTY ROAD 23
W ELIZABETH ST
W STUART ST
HA
M
PSHI
R
E
RD
YORK
S
H
I
R
E
ST
PONDEROSA DR
RAMPART RD
C
L
EA
R
V
I
EW AVE
BAN
Y
A
N
D
R
MINUTEMAN DR
HULL ST
TI
MBER LN
TYLER ST
IMPERIAL DR
BI
R
M
I
N
G
ROCKY RD
VALL
SUMAC ST
BRONSON ST
AZALEA DR
PEAR ST
FALCON DR
ORCHARD
MOORE LN
C
E
DARW
O
Pineridge Natural Area
McCurdie Property
McCurdie Property Location
Quail Ridge Subdivision
Alumbaugh
Skimmerhorn St.
S. Overland Trail.
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
MEMORANDUM
DATE January 30, 2018
McCurdie Land Purchase Request
ATTACHMENT 5
Land Conservation & Stewardship Board
January 10, 2018
Meeting Minutes Excerpt
Petition for Purchase of Property – Pineridge Natural Area
Mark Sears, Natural Areas Manager reported that in July of 2017 the McCurdie’s submitted a
petition to the City Manager’s Office and the Natural Areas Department to acquire 606 square
feet of property adjacent to Pineridge Natural Area. Board members were presented with maps
and copies of the petition. Mark reminded Board members of the past encroachment issues in
Quail Ridge and Fox Hills where staff supported selling small portions of land to land owners to
settle significant long-term encroachment issues. These encroachments were significant in
landscape size and in value.
Mark explained that the current Land Disposition Guidelines clearly allows the land owner to
petition City Council to resolve encroachment issues. The McCurdie’s justification is that NAD
allowed their neighbor to acquire a strip of land to resolve their encroachment and they would
like to have the same option. Pat McCurdie who was present, stated that they were not given the
opportunity to purchase the additional property at that time, while other landowners in the area
were given that chance.
Mark stated that the McCurdie’s were given the option of buying the land upon which they were
encroaching on at the time; but after hearing about the costs associated with the process and told
that Natural Areas staff would not support them purchasing the area they were encroaching on
because their encroachment was not significant and could easily be removed, Mike McCurdie
choose to remove the encroachments and not request to purchase land.
Mark explained that staff recommends against the sale of the property requested for the
following reasons: the request does not align with the recently adopted Land Disposition
Guidelines; and the sale could be precedent setting. Mark told the Board that the McCurdie’s
have the right to petition City Council even if the request does not align with the guidelines;
therefore, he needs a recommendation from the Board.
Discussion:
Daylan presented a letter from a community member Michelle Haefele, not in attendance of the
meeting, to the Board opposing the land sale.
Mark said his biggest concern is that NAD is occasionally approached by landowners that are
encroaching on a natural area property asking NAD to sell the area. While Mark always explains
to landowners that they can petition City Council to the purchase property they have encroached
on, it is likely that staff and the Land Conservation and Stewardship Board will not support the
sale and if Council does not approve the purchase they risk losing the administrative costs they
must pay up front.
ATTACHMENT 6
Marcia reminded board members that the last discussion the Board had about selling property for
encroachment reasons was with apprehension. Those property sales were delicate issues in terms
of the types of encroachments and situation of the NAD property. Her view was that this
encroachment situation did not fall within the boundaries of a what other sales had fallen into in
the past.
Kelly thought it might be a good idea to draft a few bullet points for a memorandum as to why
we don’t support the land sell. Board members agreed a memorandum to City Council would be
a good idea. Issue will go to City Council early February. Raymond Watts, LCSB
Communication Liaison would be asked to draft the memorandum to City Council.
Vicky McLane made a motion that the Land Conservation and Stewardship Board
recommend that City Council not approve Michael and Mary Pat McCurdie’s request to
purchase land at Pineridge Natural Area.
Joe Piesman seconded the motion.
The motion was unanimously approved.
1
McCurdie – Natural Areas Land Purchase Request
Mark Sears
ATTACHMENT 7
Vicinity Map – Quail Ridge Subdivision
McCurdie Property Location
Recommendations
Review of the Six Pineridge Parcels Sold
In 2015 to
Resolve Significant Encroachments
Properties with Encroachments in 2015
Parcels Sold in 2105
Parcels Sold in 2105
Parcels Sold in 2105
Parcel Sold in 2105
Parcel Sold in 2105
Neighbor’s - 2015 Land Purchase
McCurdie’s – Land Purchase Request
Recommendations
Natural Areas Department Staff
and the
Land Conservation and Stewardship Board
Recommend Against the Sale
Reasons for Recommendations
• No compelling practical or financial justification
• Irregular Natural Area boundaries are quite common
• There is no issue to resolve
• Does not align with Land Disposition Guidelines
• Could set a precedent
-1-
ORDINANCE NO. 031, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY
AT PINERIDGE NATURAL AREA TO MICHAEL AND MARY PAT MCCURDIE
WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins
known as Pineridge Natural Area (the “City Property”); and
WHEREAS, Michael and Mary Pat McCurdie own a parcel of land in the Quail Ridge
subdivision adjacent to the City Property; and
WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas
Encroachment Policy, which defines what constitutes an encroachment on a natural area and how
violations will be monitored and enforced; and
WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments
onto the City Property by residents in the Quail Ridge subdivision including the McCurdies; and
WHEREAS, City staff met with the encroaching property owners and gave them the
option of removing the encroachments or purchasing the portion of the City Property affected by
the encroachments; and
WHEREAS, the McCurdies elected not to pursue a purchase of the area they were
encroaching on because their encroachment was easy to remove, and Natural Areas staff advised
them that staff could not support a sale when the encroachment was easy to remove; and
WHEREAS, on March 3, 2015, the City Council adopted Ordinance Nos. 022, 023, 024,
025, 026 and 027, 2015, authorizing the conveyance of portions of the City Property to several of
the McCurdies’ neighbors to resolve encroachment issues; and
WHEREAS, because of these conveyances, the east property line of the parcel to the
north of the McCurdie’s property now extends approximately fifteen feet further out into the City
property than the McCurdie’s east property line; and
WHEREAS, in July 2017 the McCurdies submitted a petition to the City asking to
acquire 606 square feet of the City Property in order to even out the east boundary line of their
property relative to the boundary line of their neighbors; and
WHEREAS, the portion of the City Property that would be conveyed to the McCurdies is
shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the
“Boundary Parcel”); and
WHEREAS, if the conveyance is approved, the McCurdies would be required to pay the
City $1,500 to cover administrative costs associated with processing the transaction, $1,000 of
-2-
which they have already paid, pay their surveyor to complete and record a survey, and pay the
City $606 for the value of the land conveyed; and
WHEREAS, the Land Conservation and Stewardship Board voted at its regular meeting
on January 10, 2018, to recommend that the City Council not sell the Boundary Parcel; and
WHEREAS, the value to the City of the transaction would be receiving reimbursement
for the property conveyed, which could be spent on other Natural Areas projects, plus
compensation for the City’s administrative costs, with minimal impact to the City Property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Boundary
Parcel to the McCurdies as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Boundary Parcel 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 Boundary
Parcel, as long as such changes do not materially increase the size or change the character of the
property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 6th day of
February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on the 20th day of February, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
O
D
D
R
CYPRESS DR
PEC
A
N
S
T
CASTLEROCK DR
MOFFETT DR
FUQUA DR
G
A
R
R
E
T
T D
R
COUNTY ROAD42C
GALLUP RD
HI
LLCREST DR
RO
S
S
DR
S
O
MERV
I
L
L
E
D
R
MEAD ST
DIXON COVE DR
M
A
N
C
H
E
S
TER D
R
ASH DR
KIMBALL RD
SUFFOLK ST
C
O
U
N
T
Y
RO
A
D
2
3
LARCH ST
ZENDT DR
C
ONEF
L
O
WER
DR
M
C
K
EA
G
DR
G
O
LD
E
N
C
U
RRAN
T
B
L
VD
PLEASANT VALLEYRD
W
Y
A
N
DO
T
TE
D
R
K
I
T
T
ER
C
O
V
E
N
TR
Y
C
T
SODERBU
PAL
M
D
R
C
ONTINENTAL CIR
S
K
I
M
M
E
R
HORN
S
T
CHURCHILL CT
P
A
M
P
A
S
D
R
PRIMROSE LN
S
I
L
V
E
R O
A
K
S D
R
NEIL DR
LA
N
G
S
HI
R
E
D
R
Y
O
R
KTOWN
A
V
HYLINE DR
DALTON DR
AUNTIE STONE ST
DERBY CT
BIANCO DR
CHAR
O
L
A
I
S
D
R
V
I
R
GINIA
D
A
L
E
DR
KINNISON DR
MICHENER DR
RAMS LN
C
A
T
A
L
P
A
DR
ETTO
N
D
R
GAR
D
E
N
DR
KENT CT
VILLAGE LN
ME
R
C
Y
DR
ARGENTO DR
HOLLY ST
C
H
EVIO
T
D
R
DEERFIELD DR
LONGWORTH RD
M
O
NTV
I
E
W
R
D
AYR
S
H
I
R
E
DR
BL
U
E
L
E
A
F DR
DORS
E
T
DR
FISCH AVE
GLENMOOR D
R
KINGSB
O
R
O
U
G
H
DR
ROMNEY AVE
B
ROKEN BOW RD
COMPASS CT
C
L
Y
D
E
SD
A
L
E
DR
CRAGMORE DR
SECCOMB ST
C
H
A
R
LE
S
T
O
N
W
A
Y
COCKNEY ST
T
IE
R
R
A
LN
MEADOWBROOK DR
EF
ROSS CT
AMES CT
LAR
K
S
P
U
R
DR
CHES
H
I
R
E ST
WATER BLOSSOM LN
LA REATTA CT
ROMELDALE LN
TU
N
IS CIR
MICHA
E
L
LN
CAT
A
L
PA CT
E SH
E
F
F
IEL
D CIR
RAMBOUILLET DR
WILDWOOD RD
MARSHWOODDR
HAMPSHIRE CT
MOSS ROSE LN
TIMBER CT
MANET CT
BERKSHIRE DR
EVERGREEN DR
TUCKER CT
HARALSON CT
FARGHEE CT
HU
NTINGTON CIR
MCALLISTER CT
MERINO CT
LEXINGTONCT
KARAKUL DR
HINRY ST
HONEYSUCKLE CT
FLEETWOOD CT
STADIUM CT
HORSETOOTH CT
OA
K HILL CT
COVINGTON CT
PALM CT
SHEFFIELD CT
ENFIELD
MCKEAG CT
CATALPA PL
RADCLIFF CIR
LINDSEY CT
MOORE LN
G
L
EN
M
O
OR DR
EVERGREEN DR
W LAKE ST
W PLUM ST
ORCHARD PL
LOUIS
W
PLUM ST
ORCHARD PL
D i x o n
R e
s
e r
v
o i r
H o r s e t o o t h
R e s e r v o i r
C
o t t o n w o o d
G l e n
P o n d
e
g
e
L a
k
e
Sprin
g Creek
S County
Road 23
W Prospect Rd
S Overland Trl
S Centennial Dr
W Elizabeth St
W
Ho
rs
et
oo
th
Rd
S Taft Hill Rd
W Drake Rd
County Road 42C
Pineridge Natural Area ±
Maxwell
Natural
Area
Quail Ridge Subdivision
ATTACHMENT 1