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HomeMy WebLinkAboutPENNY FLATS (BLOCK 33) - FDP - 32-05/A - REPORTS - FIRST READING'4JUL-14-2006 FRI 02:23 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 15 Construction Easement to Penny Flats, Li.0 upon the terms and conditions as described above, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be in the best interests of the City. introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2006, Mayor ATTEST: City Clerk '3UL-14-2006 FRI 02:22 PM FT COLLINS CITY ATTORNEY FAX NO, 9702216327 P. 14 ORDINANCE NO. 119, 2006 OF THE COUNCIL OF TIE. CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO PENNY FLATS, LLC WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of Block 33, Fort Collins, Colorado (the "Property"); and WHEREAS, City Council approved Ordinance No. 077, 2005 which authorized the sale, in options, of a portion of the Property to Penny Flats, LL.0 ("PFL') for its appraised value; and WI EREAS, on February 24, 2006, PFL entered into an Option Agreement with the City for the purchase of a portion of Block 33 in order to construct a mixed use development thereon; and WHEREAS, in order to construct its project as planned, PFL wishes to acquire a temporary construction casement over, under, and across Lots 1 through 8. Lots 13 through 16, the alleyway that is proposed to be vacated by separate ordinance, and the easterly ten feet of Lots 9 through 12, Block 33, Fort Collins, Colorado (the "TCE"), and WHEREAS, the TCE would allow PFL to use those portions of Block 33 for construction access, staging and the location of a temporary sales office; and WHEREAS, the consideration for this TCE is included in the sale price for the portions of Block 33 to be acquired by PFL, as approved by Ordinance No. 077, 2005; and WHEREAS, based on review of this request by City staff, it has been determined that granting the TCE will not have any adverse effect on the Property so long as the easterly ten feet of Lots 9 through 12 are not used for construction staging; 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 the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, TIE REFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of this Temporary Construction Easement over, under and across Lots I through 8, Lots 13 through 16, the vacated alleyway and the easterly test feet of Lots 9 through 12, Block 33, Fort Collins, Colorado, in a manner consistent with the terms of this Ordinance, is in the best interests of the City of Fort Collins. Section 2. That, subject to the prior vacation of the alleyway, the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Temporary JUL-14-2006 FRI 02:22 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 13 Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006. Mayor ATTEST: Cily Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2006. Mayor ATTEST: City clerk JUL-14-2006 FRI 02;22 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 12 ORDINANCE NO. l 18, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE. PUBLIC ACCESS, DRAINAGE, UTIL1TY AND MAINTENANCE EASEMENT TO PENNY FLATS, LLC WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of Lots 9 through 12, Block 331 Fort Collins, Colorado (the "Property"); and WHEREAS, Penny Flats, LLC ("PFL") has entered into an Option Agreement with the City to purchase the remaining portions of Block 33 to construct a mixed use development; and WHEREAS, in order to construct its project as planned, PFL wishes to acquire a non- exclusive public access, drainage, utility and maintenance easement over, under, and across the southerly 10 feet of Lot 12 Block 33, Fort Collins, Colorado (the "Easement"), linking the center of PFL's development to Howes Street; and WHEREAS, in exchange for granting the easement to PFL, PFL will construct and maintain the improvements in the casement area, including a 6 foot sidewalk, curb and gutter and a grassy drainage swale; they will also replace the existing fence on City property with a new fence in a location specified by the City; and, if required, relocate the existing streetlight, at their sole expense; and WHEREAS, based on review of this request by City staff, it has been determined that granting the non-exclusive easement will not have any adverse effect on the Property; 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 the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interests of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows; Section 1. That the conveyance of this Easement over, under and across the southerly ten feet of Lot 12 Block 33, Fort Collins, Colorado, consistent with the terms of this Ordinance, is in the best interests of the City of Port Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Easement to Penny Flats, LLC upon the terms and conditions as described above, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be in the best interests of the City. 'JUL-14-2006 FRI 02:22 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 conditions as the City Manager, in consultation with the City Attorney, determines to be in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2006. Mayor ATTI�;ST: City Clerk JUL-14-2006 FRI 02:21 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 10 ORDINANCE NO. 117, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORI2ING THE SALE OF CITY -OWNED PROPERTY CONSISTING OF THE VACATED ALLEY RIGHT-OF-WAY ON BLACK 33, FORT COLLINS, COLORADO TO PENNY PLATS, LI.0 Wfi,REAS, the City of Fort Collins is the owner of the certain real property described as the alley right-of-way on Block 33 in Fort Collins, Colorado (the "Alley Property"); and WHEREAS, pursuant to Ordinance No. 077, 2005. the Council approved the conveyance of a portion of Block 33 to Penny Flats, L.LC ("PFL') so that it could be developed in a manner approved by the City; and WHEREAS, the City and PFL entered into an Option Agreement for Purchase and Sale of Real Property on February 24, 2006; and WHEREAS, the Civic Center Master Plan adopted by the City in 1997 calls for the development of Block 33 to include a pedestrian spine in the area of the Alley Property to link with the rest of the Civic Center area; and WHEREAS, by separate ordinance staff is asking the Council to approve the vacation of the Alley Property in order to facilitate development of the pedestrian spine by PFL; 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 the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City is in the best interests of the City of Fort Collins; and WHEREAS, if the Council vacate the Alley Property, City staff recommends that the Alley Property be conveyed to PFL to be developed as a pedestrian spine as part of PFL's planned project on Block 33, with the City reserving from such conveyance a public access, drainage and utility easement upon and across the whole of the Alley Property. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the conveyance of the Alley Property, with an easement reserved for public access, drainage and utilities, to be used for construction of a pedestrian pathway, is in the best interests of the City of Fort Collins. Section 2. That, subject to the prior vacation of the Alley Property, the Mayor is hereby authorized to execute the necessary documents to convey the Alley Property to Penny Flats, LLC upon the terms and conditions described above, along with such other terms and '3UL-14-2006 FRI 02:21 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 09 Section 1. That the We of the Property for ONE MILLION SIX HUNDRED TWENTY FOURTHOUSAND DOLLARS ($1,624,000.00) plus seven percent interest on anyunpaid balance is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such conveyance documents as are necessary for the City to sell and convey the Property consistent with the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2005, and to be presented for final passage on the;9th d f July, A.D. 2005. May ATTEST: ri�j - • win - passed and adopted on final reading this 19th day of July, A.D. 2005. V ?� , May 1� ` << ► - - JUL-14-2006 FRI 02:21 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 08 ORDINANCE N0.077, 2005 COPY OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CITY -OWNED PROPERTY CONSISTING OF A PORTION OF BLACK 33, FORT COLLINS, COLORADO, TO PENNY FLATS, LLC, WHEREAS, the City of Fort Collins is the owner of that certain real property located in Fort Collins, Larimer County, Colorado, described as Block 33; and WHEREAS, the City acquired Block 33 over time with the intention of having it available for future public use; and WHEREAS, a new Civic Center Plan adopted in 1997 called for residential development of Block 33; and WHEREAS, the Land Use Code permits residential mixed -use development in the zone district applied to Block 33; and WHEREAS, in July 2004, the City Council adopted Resolution 2004-081 setting out a process for selling Block 33 to a private developer ready, willing and able to develop the Block in rigorous conformity with the City's comprehensive plan; and WHEREAS. through use of a Request for Proposals process, the City solicited proposals and selected Coburn Development, Inc. ("Coburn"), to develop a proposed project for Block 33; and WHEREAS, Coburn is proposing that the City sell certain portions of Block 33 referred to below as the "Property" and more particularly described as Lots 1-8 and Lots 13-16, Block 33, City of Fort Collins, County of Larimer, State of Colorado to Penny Flats, LLC, a company comprised of the owners of Coburn and other possible investors, in phases, for a total purchase price of $1,624,000, plus interest at seven percent per year on any unpaid portion; and WHEREAS, as part of its agreement with the City, Coburn shall be required to develop the Property in accordance with the proposal approved by the City, to comply with the requirements of the City's development review process, and provide assurances that the "pedestrian spine" linking Block 33 with the rest of the Civic Center will be completed; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of neat property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREF"-ORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: JUL-14-2006 FRI 02:21 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 07 Passed and adopted at a regular meeting of the City Council held this 6th day of July, A.D. 2004. ATTEST:. City Clerk �/Y1• N' �� Mayor I Phis unoRictul copy wsa downloaJtd FoY o3ditiafml infotmniion or on official eo masCecitynDocs o! huap //¢itytlocs.feg(,40oece7221.6515 JUL-14-2006 FRI 02:20 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 06 RESOLUTIO N 2004-081 Copy OF THE COUNCIL OF'f M CITY OF FORT COLUNS DU ECTING THE CITY MANAGER TO IMITATE A PROCESS FOR DISPOSITION AND APPROPRIATI? DEVELOPMENT OF CERTAIN CITY -OWNED PROPERTY KNOWN AS BLOCK 33 WHEREAS, the City has homtofore embarked upon an assembly of land in Block 33 of the original plat of the City through various purchases, and now is the owner of the entire block; and WHEREAS, over the passage of time events have occurred with regard to the development of the Latimer County office and justice center buildings and the City's Mason Street office building that obviate the need for the City to retain ownership of approximately three-quarters of Block 33 for municipal purposes; and WHEREAS, the City's comprehensive plan, known as "City Plan," has established a character and vision for the downtown area which includes residential development, mixed with other compatible uses conceived to conform to the design standards of the Civic Center Master Plan and the Downtown Plan; and WHEREAS, the Downtown Civic Center Master Plan, dated July 1996, calls for residential mixed -use development on three-quarters of Block 33; and WI ERBAS, the Land Use Code permits residential mixed -use development in the zone district applied to Block 33; and WHEREAS, the Council has determined that it is in the best interest of the City that, if portions of Block 33 are to be sold, they be sold to purchasers who are ready, willing and able to develop the property in rigorous accordance with the adopted City Plan policies and principles including the subarea plans that are incorporated therewith and are applicable to Block 33; and WHEREAS, the staff has recommended, and the Council agrees, that a process designed to solicit proposals from potential purchasers/developers that would result in an "exclusive negotiating agreement," is desirable with regard to the sale of portions of Block 33, which press would result in the issuance of a request for statements of qualifications from interested development companies or teams, and would include in the request specific goals to be achieved by the development of the site with respect to City Plan and its related subarea plans. NOW, TI- F4UTORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COIJ.INS that the City Manager is hereby directed to initiate a process for the disposition and appropriate development of Block 33 with a view toward soliciting an "exclusive negotiating agreement" with the best qualified developer, whereupon the City would enter into an agreement to negotiate exclusively with that developer (or team of developers) for possible development of the Block in rigorous conformity with the City's Comprehensive Plan, prior to returning to the City Council for any final action on the disposition of Block 33. This mroffieial copy was downloaded from ty oGs u hupp://citydoctfcgov.eom For additional inf nation or an official eo Icave conk a Gilt Cksys office at 970 221.6515 ,,HJL-14-2006 FRI 02:20 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 05 BLOCK 33 LOCATION MAP BLOCK 33 A N J{1L-14-2006 FRI 02:20 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 04 July 18, 2006 -3- Item No. 29 A-C C. First Reading of Ordinance No. 119, 2006, Authorizing the Conveyance of a Temporary Construction Easement over Portions of Block 33 to Penny Flats, LLC. in order to construct the development, Penny Flats, LLC has requested a temporary construction easement to cover portions of the Block not in its ownership. This temporary construction easement will allow construction access, staging and parking a temporary sales office. The area to be included in the temporary construction casement is Lots L though 8, Lots 13 through 16, the vacated alley and the eastern 10 feet of Lots 9. through 12. The temporary construction easement over the vacated alley, Lots 1 through 8 and Lots 13 through 16 will terminate as Penny Flats, LLC purchases those parcels from the City. As noted above, the City wilt retain ownership of Lots 9 through 12, but the developer is asking that the temporary construction easement include the eastern 10 feet of Lots 9 through 12 to facilitate construction of improvements within the pedestrian spine. City staff was asked to comment on this request and had no objection to the temporary construction casement including part of Lots 9 through 12, so long as that property is not used for construction staging. J1JL-14-2006 FRI 02:19 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 03 July 18, 2006 -2- Item No. 29 A-C The Option Agreement for Purchase and Sale of Real Property was entered into the n February out on to, 2006. This Agreement has the property being conveyed in three p P be conveyed 30 days following final approval of the PDP process for the development, which is expected this fall. During the negotiations and planning of this project, a few items were identified that needed further Council approval. These Ordinances approve these items. BACKGROUND A. First Reading of Ordinance No. 117, 2006, Authorizing the Sale of City -owned Property Consisting of the Vacated Alley Right -of -Way on Block 33, Fort Collins, Colorado to Penny Flats, LLC. The City's agreement with Penny Flats, LLC, requires that a pedestrian spine be included in the development. This pedestrian spine is part of the Civic Center Master Plan and continues the pedestrian spine that runs through Block 31 and Block 32. In order to facilitate the construction of this pedestrian walkway, staff is requesting Council to approve the vacation of the alley right- of-way with Ordinance No. 116, 2006. The description of the property to be conveyed with Ordinance No. 077, 2005 did not specifically include the alley right-of-way; therefore, if Council does approve the vacation of this alley right-of-way, staff is requesting permission to convey the vacated alley to Penny Flats, LLC, with the reservation of a public access, drainage and utility easement. a. )Htirst Reading of Ordinance No. 118, 2006, Authorizing the Conveyance of a Non - Exclusive Public Access, Drainage, Utility and Maintenance Easement to Penny Flats, LLC. During the planning process, Penny Flats, LLC identified a need for a 10-foot off -site easement for public access, drainage, maintenance and utilities. The requested easement would be over the southerly 10 feet of Lot 12, Block 33, and would connect the pedestrian spine in the center of the block to Howes Street, The City is retaining ownership of Lots 9 through 12 as they include the Trolley Car Barn and associated parking. As compensation for the ten -foot easement, the developervill be constructing a 6 foot sidewalk for public access, curb and gutter and a grassy drainage swale. The City's existing fence will be replaced by Penny Flats, LLC and will be relocated to a location as specified by the City. If the existing street light on Howes Street needs to be moved for this casement, Penny Flats will pay all those associated costs. The City will retain the right to use the property in the easement area for compatible purposes. This easement request was forwarded to appropriate City staff and there were no objections. Staff comments were that the construction of this sidewalk and new fence would be a good separation between the new development and the City's Trolley Car Barn and associated parking. ', XL-14-2006 FRI 02:19 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 02 ITEM NUMBER: 29 A-C AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT Items Relating to Block 33, Fort Collins, Colorado. RECOMMENDATION DATE: July 18, 2006 STAFF: Helen Matson Staff recommends the adoption of the Ordinances on First Reading. FINANCIAL IMPACT Ordinance No. 0770 2005, approved the sale of a portion of Block 33 for the appraised value of the property, $1,624.000, plus interest at seven percent per year on any unpaid portion. This purchase price covers the conveyance of the vacated alley and the temporary construction easement. In exchange for compensation for the 10 foot public access, drainage, utility and maintenance easement, the developer will be constructing and maintaining all improvements in the easement area. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 117, 2006, Authorizing the Sale of City -owned Property Consisting of the Vacated Alley Right -of -Way on Block 33, Fort Collins, Colorado to Penny Flats, LLC. B. First Reading of Ordinance No. 118, 2006. Authorizing the Conveyance of a Non - Exclusive Public Access, Drainage, Utility and Maintenance Easement to Penny Flats, 1iC. C. First Reading of Ordinance No. 119, 2006, Authorizing the Conveyance of a Temporary Construction Easement over Portions of Block 33 to Penny Flats, LLC. In July 2004, the City Council adopted Resolution 2004-081, setting out a process for selling portions of Block 33 to a private developer. A developer was selected and on July 19, 2005, City Council approved Ordinance No. 077, 2005, which authorized the sale, in phases, of a portion of Block 33 to Penny Flats, LLC. The proposed development is a mixed use project having approximately 150 dwelling units with approximately 30,000 square feet of commercial space.