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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/01/2018 - FIRST READING OF ORDINANCE NO. 064, 2018 AUTHORIZIAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Dan Gulley, Real Estate Specialist II Daylan Figgs, Senior Environmental Planner Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City- Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Pelican Marsh Natural Area is located south of the intersection of South College Avenue and Trilby Road. The land northwest of the Natural Area and adjacent to College is owned by Pedcor. Pedcor has proposed a new development, Lakeview on the Rise, as a mixed-use development consisting of 180 affordable housing units. Pelican Marsh is located directly adjacent to the proposed subdivision and within the historic flow path of stormwater that leaves the site. Pedcor is requesting one non-exclusive drainage easement, one non-exclusive slope easement, and two temporary construction easements to allow stormwater to follow the historic path onto Pelican Marsh as a condition of getting the development approved by the City. Water that leaves the developed site will flow through a water quality pond prior to discharging onto the natural area. The water quality pond will be constructed on the development site but a small area on Pelican Marsh will be disturbed to construct buried outlet pipes and swales that serve as an outfall channel. Existing vegetation in this area is dominated by non-native grasses and will be restored to a native grass and forb mix. The slope easement is needed to ensure proper slope and surface grade exist into the future to allow for stormwater drainage to work properly. Once the desired grade is established, the site will be seeded to native grasses and forbs. The temporary easements are needed to facilitate construction and access to the easement areas. All restoration activities will follow the Natural Areas Resource Protection Standards. Permanent Easements Needed: 1. Drainage Easement - 3,150 Square Feet 2. Slope Easement - 1,988 Square Feet Agenda Item 10 Item # 10 Page 2 Temporary Easements Needed: 1. Drainage Easement TCE - 10,669 Square Feet 2. Slope Easement TCE - 2,129 Square Feet CITY FINANCIAL IMPACTS Impact is anticipated to be minimal due to the size of the easements and location. The easements are at the outer edge of the Natural Area. Visibility of drainage structures should be minimal. Natural Areas staff will work with the developer to minimize impacts and make certain restoration is completed in a timely professional manner according to Natural Area’s Resource Protection Standards. Pedcor paid $1,500 in application fees to cover the administration costs to process these easements; a $2,500 restoration fee to cover staff’s costs following the initial restoration; and $3,848 value of the easements. BOARD / COMMISSION RECOMMENDATION At its April 11, 2018, meeting, the Land Conservation Stewardship Board voted to recommend City Council approve the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary easements on Pelican Marsh Natural Area to Pedcor Investments LLC. ATTACHMENTS 1. Location Map (PDF) 2. Plat (PDF) 3. Land Conservation and Stewardship Board minutes, April 11, 2018 (draft) (PDF) Slope & Drainage Easement Area Location Map Pelican Marsh Natural Area Easements Pedcor Investments- 2015-CLII, L.P ATTACHMENT 1 ATTACHMENT 2 Land Conservation & Stewardship Board April 11, 2018 Minutes Excerpt Easement Request for Stormwater Outfall on Pelican Marsh Daylan Figgs, Environmental Program Manager and Dan Gulley, Real Estate Specialist, presented a request for a permanent non-exclusive easement for stormwater improvements on Pelican Marsh Natural Area and a temporary construction easement to aid in the completion of the project. The request had been made by Pedcor Investments – 2015, LLC for a new mixed use development (Lakeview on the Rise) adjacent to Pelican Marsh Natural Area. The Board had previously approved the easement based on the knowledge of the ownership of land, at that time. Daylan reported the ownership dispute was not settled and the developer was seeking an easement in a different location. Daylan described the new easement location and restoration activities associated with the project. Areas to be disturbed are dominated by non-native grass. Restoration activities will restore the site to native grasses and forbs. Discussion: Board members asked what would happen if the easement was not approved by the Board. Daylan explained that since a request had been made, NAD would go to Council with the Board’s recommendation to not approve the easement request. Stormwater has to ensure proper slope and surface grade to allow for future drainage. The temporary easement is needed to facilitate construction and access to the easement area. NAD’s goal is to ensure restoration is completed in a timely manner and to minimize impacts as much as possible. Kelly was concerned about the water quality in the pond and asked if we could ensure that quality. Dan explained that Stormwater would be responsible for the water quality testing. Daylan explained it was designed to maintain water quality. Ray was concerned about the contours on the map. Looking at the plat he thinks water could be diverted into Benson Lake without a longer pipeline. It was explained, the land in question abuts the entire southern boundary. Daylan suggested that at a future meeting, he would like to discuss the Natural Area and Conserved Lands Easement Policy (Resolution 2012-001) to help guide future discussions on easement requests and the types of easements considered in the Policy. ATTACHMENT 3 Marcia Mallory-Patton made a motion that the Land Conservation and Stewardship Board recommend that City Council approve the conveyance of one non-exclusive drainage easement, one slope easement, and two temporary construction easements on Pelican Marsh Natural Area to Pedcor Investments-2015-CLII, L.P. Andrea Elson seconded the motion. The motion was approved 7 to 1. -1- ORDINANCE NO. 064, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT PELICAN MARSH NATURAL AREA TO PEDCOR INVESTMENTS LLC WHEREAS, the City is the owner of property located southeast of the intersection of South College Avenue and Trilby Road known as Pelican Marsh Natural Area (the “City Property”); and WHEREAS, Pedcor Investments LLC (“Pedcor”) has proposed a new development on land northwest of the City Property that would consist of 180 affordable housing units (the “Development”); and WHEREAS, in order to receive the necessary development approvals for the Development, Pedcor is asking the City to convey to it a permanent drainage easement and permanent slope easement (“Easements”) and two temporary construction easements (“TCEs”) on the City Property to properly manage stormwater flows from the Development site; and WHEREAS, the two Easements are described on Exhibits “A” and “B” and the TCEs are described on Exhibits “C” and “D”, all attached and incorporated herein by this reference; and WHEREAS, Pedcor would pay the City a total of $3,848 for the Easements and TCEs, as well as $1,500 to cover the costs of processing the easement request, and a $2,500 restoration fee to cover the costs of maintaining areas restored after construction of the drainage improvements and initial restoration of the easement areas; and WHEREAS, City staff believes that the impact to the City Property from the proposed improvements will be minimal, as they would be at the edge of the City Property, and City staff will work with Pedcor to ensure restoration work is done in accordance with the Natural Areas Resource Protection Standards; and WHEREAS, at its regular meeting on April 11, 2018, the Land Conservation and Stewardship Board voted to recommend conveying the Easements and TCEs to Pedcor; and WHEREAS, Pedcor’s proposed affordable housing units will substantially help further the City’s goal in the current Affordable Housing Strategic Plan to provide 188 units of affordable housing per year; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by 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. -2- 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 Easements and TCEs to Pedcor as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the deeds necessary to convey the property interests to Pedcor, and the City Manager is authorized to execute such other documents related to the property conveyances as may be necessary, all 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 such property interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk