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HomeMy WebLinkAboutHICKORY COMMONS - FDP - FDP130014 - REPORTS - EASEMENTSwith 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 descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 19th day of March, A.D. 2013, and to be presented for final passage on the 16th day of April, A.D. 2013. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of April, A.D. 2013. Mayor ATTEST: City Clerk ORDINANCE NO.051, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEMENT ON THE HICKORY TRAIL PROPERTY TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado known as the Hickory Trail, as described on Exhibit "A", attached and incorporated herein (the "City Property"); and WHEREAS, Charles Meserlian (the "Developer") has requested a drainage and landscaping easement, as described on Exhibit `B", attached and incorporated herein (the "Drainage and Landscaping Easement'), and an access easement, as described on Exhibit "C", attached and incorporated herein (the "Access Easement') on the City Property for the benefit of the Hickory Commons project, a residential development which the Developer is planning to construct adjacent to the City Property in the 300 Block of Hemlock Street (the "Development'); and WHEREAS, the proposed Drainage and Landscaping Easement will be used to carry stormwater flows from the westerly five feet of the Development to a water quality pond on the Development property and for the installation and maintenance of landscaping improvements for the Development; and WHEREAS, the proposed Access Easement will be used to provide a pedestrian connection between the Development and the Hickory Trail located on the City Property; and WHEREAS, the Developer will compensate the City $1,890 for the Easements and for staff processing time; and WHEREAS, City staff has identified no negative impacts to the City that will result from the granting of the Easements; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized 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 conveyance of the Easements on the City Property to the Developer as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the Developer on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation �. i!i i h iw i .F-. `0♦ IAA i � ; t( Rl '_ � P i 4 `� ' •.{1 N \ r. fill, Far + , r %, , f , Hickory Commons Property -, Estimated Drainage Pipe Location r fi t• ,• 7c�} In Existing ROW t., 14 Drai nage Easement Area _ = ; z i • -- ~ HEMLOCK STREET _ ,aawrt�::a r Fes` \ MCAR WNATURAL AREA OW SALVER NATURALAREA Vow \a ; - w,• 1e ate` �.�yir„ EXHIBIT B Hickory Commons Drainage Easement City of Fort Collins Natural Areas City Parcels Project Area Iurlmer Courtty City Of Fort Collins f rah . Areas 0 50 100 200 300 Feet CmaM by City of Fort Collins NSWml Areas .2013 J EXHIBIT A A tract of -land situate in the Southeast 1/4 of Section 2, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, which considering the East line of the said Southeast 1/4 as bearing due South and with all bearings continued herein relative thereto is contained within the boundary lines which begin at a point on the South line of Fourth Street which bears S 89057' W 1541.40 feet and again South 568.95 feet from the East 1/4 corner of said Section 2, said point of beginning 691.40 feet West of the Northeast corner of Block 13, Riverside Park as per deeds recorded in Book 353, Page 544 and in Book 1105, Page 460 of the Larimer County Clerk and Recorder's Office, and run thence South 1120.43 feet along a line 11.40 feet West of and parallel to the West line . of Blocks 16 and 17, Riverside Park to a point on the approximate centerline of the Cache la Poudre River; thence along the said centerline, S 89030' W 302.53 feet and again S 85020' W 259.70 feet and again N 71047' W 197.00 feet and again N 45044' W 224.00 feet and again N 23011' W 208.20 feet and again N 2600112011 W 171.13 feet to a point on the Easterly line of a tract described in Book 1163, Page 552 of the Larimer County Clerk and Recorder's Office; thence along said Easterly line N 46054' E 90.00 feet and again N 32031' E 239.84 feet and again N 27046' W 267.53 feet and again N 10014' W 81.93 feet to a point on the South line of Fourth Street; thence East 1010.48 feet along the South line of Fourth Street to a point of beginning, County of Larimer, State of Colorado. Section 1. That the City Council hereby finds that the conveyance of the Easement on the City Property to Charles Meserlian as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Charles Meserlian 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 or to effectuate the purpose of this Ordinance, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. Mayor ATTEST: City Clerk ORDINANCE NO. 043, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON SALYER NATURAL AREA TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property known as Salyer Natural Area, which is described on Exhibit "A", attached and incorporated herein by reference(the "City Property"); and WHEREAS, Charles Meserlian (the "Developer") is planning the HickoryCommons project, a residential development located north of the City Property along Hemlock Street (the "Development"); and WHEREAS, in order to provide stormwater drainage for the Development, the Developer is proposing to detain runoff in an on -site pond, then release the runoff through a pipe located in the Hemlock Street right-of-way that would empty into an oxbow of the Poudre River located on the City Property, and WHEREAS, no construction would occur on the City Property, and no improvements would be located on the City Property; however, the Developer requires an easement from the City to allow for the change in the rate and location of the stormwater flows on the City Property as a result of the Development; and WHEREAS, the proposed easement would cover the westerly 190 feet of the City Property as shown on Exhibit `B", attached and incorporated herein by reference (the "Easement"); and WHEREAS, a surveyed legal description would be prepared before the City grants the Easement, and; WHEREAS, the Developerhas paid a $1500 application fee to the Natural Areas Department as compensation for City staff s time to process this request; and WHEREAS, City staff has not identified any negative impacts to the City Property resulting from the grant of the Easement; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized 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: H.tta--- h r-f-, nt 2, Hickory Commons Easements Location Map CL CL Ordi n ar No 2013 Ordinw--t-,- Pilo Cq-!* 2013 J z HE ML OuK I Fj- March 5, 2013 -2- Alternative B ITEM 19 This alternative calls for an underground storm pipe running alongside the existing Hickory Trail. This pipe would discharge directly to the River, but would cause considerable construction disturbance to Salyer. Several manholes would also be required within the Natural Area. Alternative C This preferred alternative places the entire proposed storm pipe within the existing Hemlock Street right of way. The pipe will discharge into a natural drainage way which traverses Salyer and ultimately discharges to the River. This drainage way is very well established, with substantial native vegetation to minimize the potential for future erosion. This alternative does not require any construction within the Natural Area. It should also be noted that Alternative C allows for regional drainage from other properties in the area, and helps to solve other drainage issues which currently exist. Also, the location of the stormwater pipe will allow connections for other properties as they develop. This approach will avoid future requests for easements and focus stormwater runoff into this single project. The project has gone through the City Development Review process and has been approved as proposed subject to securing this drainage easement. FINANCIAL / ECONOMIC IMPACTS The applicant has paid a $1500 application fee to the NAD. There will be no financial impact to NAD due to the project due to the small size of the project and no improvements located on the property. ENVIRONMENTAL IMPACTS There will be no significant environmental impact from the project due to the fact that no improvements or construction will take place on NAD property, and a small and controlled volume of stormwater will flow through the existing channel of the oxbow to the main channel of the River only during storm events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the drainage easement on Salyer Natural Area (see Attachment 3). ATTACHMENTS Location Map Project Map Land Conservation and Stewardship Board recommendation and minutes, February 13, 2013 1 DATE: March 5, 2013 STAFF: John Stokes, t Tawnya Ernst, N'"k" A N pt''' ATTACHMENT First Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non -Exclusive Drainage Easement on Salyer Natural Area to Charles Meserlian. EXECUTIVE SUMMARY The Hickory Commons project is a proposed live/work residential development located immediately north of Salyer Natural Area along Hemlock Street. The site is currently undeveloped, and the proposed project will include impermeable surfaces that will increase stormwater runoff from the site. Stormwater will be collected in a detention pond, and then released at a controlled rate through a buried pipeline within the existing Hemlock Street right-of-way. There will be no impacts to Salyer Natural Area; the easement only allows stormwater to cross the property to the Cache la Poudre River and does not involve construction of any improvements on NAD property. BACKGROUND / DISCUSSION The Hickory Commons Project Development Plan was first submitted in 2011 and was approved by an administrative hearing officer in January 2013. Troy Jones is the Applicant. The residential development project is proposed on two parcels immediately north of Salyer Natural Area (Salyer), along Hemlock Street (Hemlock) west of North College Avenue. The parcels are currently undeveloped and any water that flows from the site follows a natural drainage course generally to the south. Subsequently, the Hickory Commons proposed outfall is on Salyer. The proposed development will create impermeable surfaces typical with this type of development, and will result in an increase of stormwater runoff. As a condition of approval, the Applicant is required to obtain the necessary easements to handle the runoff prior to being able to submit for a Final Plan. The Hickory Commons system being proposed does treat the runoff before it goes into the pipe and meets all present water quality treatment requirements. Hickory Commons is not required to use the proposed Low Impact Development (LID) methods which promote filtration and infiltration because it was submitted and approved prior to the upcoming adoption of these regulations. Even if this development had been submitted under the proposed regulations, stormwater quality filtration systems (LID) are designed to treat and reduce runoff from the minor storms, (roughly the first half an inch of precipitation) which are the most damaging from a water quality standpoint. Once saturation is reached in the infiltration system, stormwater regulations would still require the site to be drained through an overflow system to account for the larger storm events and this drainage pipe outfall system would be needed. The stormwater plan developed for the site will detain runoff from the project area within a stormwater detention pond constructed within the Hickory Commons development site and designed to contain the 10 year event. Water will then be released in a controlled rate from the pond to the River via a stormwater pipe located within the Hemlock Street right of way. Currently, there is no natural path for the stormwater to exit the property from the detention pond. The applicant has worked with the Natural Areas Department (NAD) staff and other City departments to propose installing an 18" stormwater pipe from the pond within the existing right of way to an outfall into an oxbow of the River. Once the stormwater enters Salyer, it will flow within the existing channel of the oxbow approximately 800 linear feet until it spills into the main channel of the River. The improvements will all be within the development site or the existing right of way. No construction will occur or impact the NAD property (Attachment 2). Alternatives Analysis Alternative A This alternative calls forflow from the site to be discharged overland. Runoff would flow over the existing weir structure onto Hemlock Street, and continue through Salyer towards the River. This alternative would require a large easement, and could cause negative impacts to the Property such as soil erosion.