CITY COMMISSION AGENDA ITEM

vertical_CityOfLawrence-7

 

Department:

Parks and Recreation

Commission Meeting Date:  June 6, 2017

Staff Contact:

Mark Hecker, Assistant Director Parks and Recreation

Recommendations/Options/Action Requested:

Authorize the purchase of Block 1, Lot 9, and the donation of Tract A, in the Burroughs Creek 2nd Addition Subdivision from Struct/Restruct, LLC, for $58,000 for preservation of the majestic bur oak tree and addition of open park land to Brook Creek Park. 

Executive Summary:

The City’s Strategic Plan and Parks and Recreation Master Plan identify preservation of natural and historic resources as a priority. The purchase of Burroughs Creek 2nd Addition, Block 1, Lot 9 would preserve a bur oak tree estimated to be more than 100 years-old. The purchase would be contingent on the donation of Tract A of the same subdivision, a 2.386-acre floodplain located adjacent to Burroughs Creek. The tree is located on Lot 9 at the east end of a housing infill project, which is newly under construction for residential use, located northeast of the intersection of 12th and Brook Streets.  Lot 9, which is slightly larger than the neighboring residential lots, is located entirely in a floodplain. Lot 9 and Tract A are located adjacent to Brook Creek Park, and sit at the confluence of Brook Creek and Burroughs Creek. These lots sit adjacent to a heavily-wooded City greenspace and creek, which is part of Brook Creek Park. The bur oak tree’s branches overreach considerably into the park property.

 

The bur oak tree is a large, towering specimen. It has an expansive canopy and wide trunk. Conservation of the bur oak will enable the tree and surrounding land to continue providing natural beauty and clean air as well as encourage wildlife habitat. A landscape easement, established through the development plat, located at the rear of the property surrounds portions of the tree canopy and base. The plat shows some portions of the south half of Lot 9 as buildable. According to the City’s land use code, a minimum of two feet of fill soil is required to elevate the building grade above the floodplain. Due to the tree’s enormous size, species and structural character, City forestry staff believe the tree branches and root system outside the easement would be severely pruned or covered by fill dirt to accommodate a housing structure. The results would cause physical damage and serious health decline of the tree. Staff feels the current landscape easement is inadequate for the tree’s preservation, which is the primary reason that staff recommends purchasing Lot 9. The donation of Tract A was negotiated in addition to the purchase of Lot 9 because staff believes it is a natural addition to the open land at Brook Creek Park open and it adds connectivity between Brook Creek Park and Burroughs Creek Trail and Linear Park.

 

The City obtained an independent appraisal to evaluate the market value for the properties. The appraised value was $58,000 for Lot 9 and $30,000 for Tract A. Staff recommends the purchase of Lot 9 at the appraised value of $58,000, contingent on the donation of Tract A to the City. The property owners have agreed to the terms of the property purchase and donation as outlined in the attached letter of acceptance. City staff reviewed the environmental assessment report commissioned by the current owners prior to their acquisition of the land. 

 

Strategic Plan Critical Success Factor

Safe, Healthy, and Welcoming Neighborhoods

Innovative Infrastructure and Asset Management

Fiscal Impact:

The fiscal impact to the City is $58,000.  This purchase will be paid from the 2017 Parks and Recreation general fund budget. 

Attachments:

Property Map

Tree Picture

Final Plat

Appraisal report lot 9

Appraisal report Tract A

Letter of acceptance of offer

Agreement for Donation of Real Estate - Added 06/05/17

Agreement for the Sale of Real Estate - Added 06/05/17

 

 

 

 

Reviewed By:

(for CMO use only)

TM

DS

CT

BM