HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/2021 - SECOND READING OF ORDINANCE NO. 063, 2021, AUTHORI (3) Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY May 4, 2021
City Council
STAFF
Clark Mapes, City Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 062, 2021, Approving the Addition of Permitted Uses Associated with the
East Park District Maintenance Facility Major Amendment MJA200003.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 20, 2021, considers the Addition of Permitted
Uses (APU) for a development plan located in the Urban Estate Zone District.
• The development plan is for a City of Fort Collins Parks Department maintenance facility comprising a
building with office and shop space, an outdoor storage yard, parking, fencing, landscaping, and
improvements to adjacent recreation trails. The applicant is the City of Fort Collins Parks Department.
• The Urban Estate Zone does not list the proposed office/shop and outdoor storage uses as Permitted
Uses, and so the development plan is required to include a request for Addition of Permitted Uses
pursuant to Land Use Code (LUC) Section 1.3.4.
• This APU involves a proposed use permitted in one or more of the City’s other zone districts and is
proposed based solely on unique circumstances and attributes of the site and site development plan,
which may be permitted under LUC Section 1.3.4(B).
Pursuant to Ordinance No. 079, 2020, Council authorized the remote hearing of this item in Resolution 2020 -
093 and the applicant has consented to having this item heard remotely.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 20, 2021 (w/o attachments) (PDF)
2. Ordinance No. 062, 2021 (PDF)
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY April 20, 2021
City Council
STAFF
Clark Mapes, City Planner
Brad Yatabe, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 062, 2021, Approving the Addition of Permitted Uses
Associated with the East Park District Maintenance Facility Major Amendment MJA200003.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter. If this item is considered on the consent agenda, a public hearing will be
deemed to have been open and closed, with the only evidence considered being that set forth in this AIS and
the attachments hereto, including the staff report. If this item is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2019-064.
The purpose of this item is to consider the Addition of Permitted Uses (APU) for a development plan located in
the Urban Estate Zone District.
The development plan is for a City of Fort Collins Parks Department maintenance facility comprising a
building with office and shop space, an outdoor storage yard, parking, fencing, landscaping, and
improvements to adjacent recreation trails. The applicant is the City of Fort Collins Parks Department.
The Urban Estate Zone does not list the proposed office/shop and outdoor storage uses as Permitted Uses,
and so the development plan is required to include a request for Addition of Permitted Uses pursuant to
Land Use Code (LUC) Section 1.3.4.
This APU involves a proposed use permitted in one or more of the City’s other zone districts and is proposed
based solely on unique circumstances and attributes of the site and site development plan, which may be
permitted under LUC Section 1.3.4(B).
Pursuant to Ordinance No. 079, 2020, Council authorized the remote hearing of this item in Resolution 2020-
093 and the applicant has consented to having this item heard remotely.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
For this item, the APU process requires a development plan, a major amendment to the Bucking Horse Overall
Development Plan, MJA200003, to be reviewed and decided by the Planning and Zoning Board, in conjunction
with a Board recommendation to Council on the APU aspect of the plan. Council is then required to decide
whether the APU meets the criteria set forth in the LUC to authorize the additional uses. On March 11, 2021,
the Planning and Zoning Board approved on its consent agenda the development plan and recommended that
Council approve the APU with a vote of 7-0.
ATTACHMENT 1
Agenda Item 19
Item # 19 Page 2
Consideration of an APU is a quasi-judicial decision requiring a public hearing according to procedures set forth
in the LUC and specific findings by Council as to whether the APU meets the criteria set forth in LUC Section
1.3.4 (addressed in more detail below).
If this item is considered on the consent agenda, a public hearing will be deemed to have been open and
closed, with the only evidence considered being that set forth in this AIS and the attachments hereto.
If this item is considered on the discussion agenda, it will be considered in accordance with the procedures
described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
The development plan is classified as a Major Amendment to the Bucking Horse Overall Development Plan,
which currently shows the site as Community Supported Agriculture or CSA. A CSA initiative was pursued by
Bucking Horse ownership but was not found to be viable due to lack of an interested operator.
The proposed maintenance facility would meet the Parks Department’s needs for maintenance of various parks
in the southeast part of the city, including the nearby Bucking Horse Neighborhood Park which is currently in the
design process and planned for construction later in 2021. The site is 3.6 acres located at the eastern point of
the triangular-shaped 154-acre Bucking Horse development, which is bounded by Timberline Road on the west,
Drake Road on the south, and a railroad along the angled northeast side.
The development plan, a major amendment to the Bucking Horse Overall Development Plan, MJA200003, was
approved by the Planning and Zoning Board on March 11, 2021, and includes:
Vehicular access from an existing access driveway on Environmental Drive.
A 6,000 square foot building with office space for Parks crews and a shop for light maintenance of vehicles
and equipment, a screened storage yard for equipment and materials, a few visitor parking spaces near a
public entrance, and a complete landscape plan.
Trail linkages to the trail system in the area, and related acceptance of an existing private recreational trail
through the larger Bucking Horse development, into the City’s public trail system.
A complete landscape plan.
APU Criteria. The criteria for APUs are found in Land Use Code Section 1.3.4. The purpose of the APU process
is to allow for approval of a particular land use to be located on a specific parcel in a zone district that otherwise
would not permit such a use.
An applicant may submit a plan with the understanding that it will be subject to a heightened level of review, with
close attention being paid to compatibility and impact mitigation. This process is intended to allow for
consideration of unique circumstances on specific parcels with evaluation based on the context of the
surrounding area. The process encourages dialogue and collaboration among applicants, affected property
owners, neighbors and staff.
The proposed Parks maintenance facility comprises office and outdoor storage uses, which are not listed as
Permitted Uses in the Urban Estate Zone District, and thus require findings under this Section for approval.
Planning and Zoning Board Recommendation. The Planning and Zoning Board may recommend that Council
add the proposed uses if the Board specifically finds that such uses: (1) conform to all of the eight criteria listed
below; (2) would not be detrimental to the public good; (3) would be in compliance with the requirements and
criteria contained in Land Use Code Section 3.5.1; and (4) are not specifically listed as prohibited uses in the
Urban Estate zone district.
The Board found that these requirements were met and recommended approval of the APU.
The eight criteria are:
a) Such use is appropriate in the zone district to which it is added.
Agenda Item 19
Item # 19 Page 3
b) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone
district to which it is added.
c) The location, size and design of such use is compatible with and has minimal negative impact on the use of
nearby properties.
d) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other
objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public
health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally
resulting from the other permitted uses listed in the zone district to which it is added.
e) Such use will not change the predominant character of the surrounding area.
f) Such use is compatible with the other listed permitted uses in the zone district to which it is added.
g) Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two
neighborhood meetings. The second neighborhood meeting must take place after the submittal of an
application and after the application has completed the first round of staff review.
City Council Approval. In conjunction with development plans for projects located in certain residential-based
zone districts including Urban Estate, any application for the addition of permitted uses shall be determined by
Council after a Planning and Zoning Board recommendation on the APU. The Planning and Zoning Board shall
remain the decision maker on the primary application. Council may approve the requested additional uses after
considering the Planning and Zoning Board recommendation if the Council specifically finds that such uses: 1)
conform to all of the eight criteria listed above; 2) would not be detrimental to the public good; 3) would be in
compliance with the requirements and criteria contained in Land Use Code Section 3.5.1; and 4) are not
specifically listed as prohibited uses in the Urban Estate zone district.
If this item is moved from the consent agenda to the discussion agenda, the following hearing procedure applies
subject to such limitations in time and scope as may be imposed at the discretion of the presiding officer:
1) Announcement of item; 2) Consideration of any procedural issues; 3) Explanation of the application by City
staff; 4) Presentation by the applicant and/or by the affected property owner (if not the applicant); 5) Public
testimony regarding the application; 6) Rebuttal testimony by the applicant/property owner; 7) Councilmember
questions of staff, the applicant/property owner and other commenters; and 8) Motion, discussion and vote by
Council.
Staff Findings. Staff finds that the plan meets all of the APU criteria because:
The use has basic characteristics similar to other permitted uses in the UE zone, such as plant nurseries
and greenhouses, resource extraction, processes and sales, and composting facilities; and is less intensive
than these other uses typically are.
The use creates no offensive impacts. All storage and maintenance functions are contained within the
building and screened storage yard.
The use will not change the predominant character of the surrounding area, which includes a concrete plant
and wastewater treatment plant. The project will provide a transition, buffering and screening between those
two uses and the Bucking Horse neighborhood development.
The use is compatible with the other uses in the Bucking Horse development, particularly a large stormwater
detention area that separates it from the rest of Bucking Horse.
The project is designed with an urban agricultural theme that complements the overall Bucking Horse
development theme. The 234-acre Bucking Horse is anchored and inspired by remaining farm buildings at
Jessup Farm and Johnson Farm. Also, a Cargill agricultural research complex is embedded within Bucking
Horse.
Agenda Item 19
Item # 19 Page 4
CITY FINANCIAL IMPACTS
The development will pay typical development impact fees required of all development, with no financial impacts
associated with the addition of the permitted uses.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board unanimously recommended that Council approve the Addition of Permitted
Uses. There was no discussion of the item and therefore no minutes from the meeting are attached.
PUBLIC OUTREACH
Two neighborhood meetings were held as is required when a project in the Urban Estate Zone District involves
APU. The first meeting was held on November 20, 2019 as a combined meeting to discuss this maintenance
facility along with a Bucking Horse Neighborhood Park, which will be built in the near future approximately 500
feet to the north. The park would be served by the facility, as would a number of other parks in the southeastern
portion of the city. Approximately 20 people attended. There were no comments about the facility.
The second meeting was held virtually on November 12, 2020, following the first round of staff review of a
development plan submittal, as required by code. Approximately six people attended. Two questions were
asked, each with a simple yes or no answer regarding the plan.
ATTACHMENTS
1. Development Review Staff Report (PDF)
2. Staff Presentation to Board - March 11,2021 (PDF)
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ORDINANCE NO. 062, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE EAST
PARK DISTRICT MAINTENANCE FACILITY MAJOR AMENDMENT MJA200003
WHEREAS, MJA200003, a major amendment of the Bucking Horse Overall Development
Plan, proposes the construction of a City of Fort Collins Parks maintenance facility including a
building with office and shop space, an outdoor storage yard, parking, fencing, landscaping, and
improvements to adjacent recreation trails in the Urban-Estate zone district (“U-E zone”) on the
parcel located at 2982 Environmental Drive, parcel number 8720467909 (the “Parcel”); and
WHEREAS, the proposed maintenance facility office/shop and outdoor storage uses are
not listed as permitted uses in the U-E zone in the Land Use Code (“LUC”); and
WHEREAS, pursuant to LUC Section 1.3.4(B)(2), the proposed uses are listed aspermitted
uses in one or more of the City’s other zone districts and are proposed based solely on unique
circumstances and attributes of the site and development plan and are therefore eligible for
consideration as an Addition of Permitted Uses (“APU”) under LUC Section 1.3.4; and
WHEREAS, a request pursuant to LUC Section 1.3.4(C)(3), Addition of Permitted Uses,
has been made for an APU in conjunction with MJA200003 to add office/shop and outdoor storage
uses as allowed uses on the Parcel so that the proposed Parks maintenance facility can be
constructed and operated; and
WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board
(“P&Z”) must make a recommendation to Council regarding the APU, Council shall be the
decision maker on the APU by ordinance, and P&Z shall be the decision maker on the primary
application, MJA200003; and
WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), two neighborhood meetings were
held regarding the APU with the first meeting held prior to the submittal of the development
application on November 20, 2019, and the second meeting held after submittal of the development
application and completion of the first round of staff review on November 12, 2020; and
WHEREAS, at its March 11, 2021, regular meeting, P&Z on a 7-0 vote approved as part
of its consent agenda MJA200003 and recommended that City Council approve the APU, finding
that the APU satisfied the applicable requirements set forth in LUC Section 1.3.4(C); and
WHEREAS, LUC Section 1.3.4(C) sets forth the criteria, as further described below, that
must be satisfied in order for Council to approve the APU; and
WHEREAS, on April 20, 2021, Council held a public hearing and considered the APU in
accordance with the LUC, either as part of the consent or discussion agenda and if considered on
the consent agenda, a public hearing is deemed to have been open and closed, with the only
evidence considered being that set forth in the agenda item summary and the attachments thereto,
including the staff report.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the Council, after considering the P&Z recommendation on the APU
and the agenda materials provided for the APU, hereby approves the requested APU to add
office/shop and outdoor storage facilities as uses specifically limited to the Parcel located in the
U-E zone.
Section 3. That the Council, in support of its decision to approve the APU, makes the
following findings of fact:
(1) The APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows:
(a) Such uses are appropriate in the U-E zone.
(b) Such uses conform to the basic characteristics of the U-E zone and the other
permitted uses in the U-E zone.
(c) The location, size and design of such uses are compatible with and has
minimal negative impact on the use of nearby properties.
(d) Such uses do not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
adverse impacts on public or quasi-public facilities, utilities or services,
adverse effects on public health, safety, morals or aesthetics, or other
adverse impacts of development, than the amount normally resulting from
the other permitted uses listed in the U-E zone.
(e) Such uses will not change the predominant character of the surrounding
area.
(f) Such uses are compatible with the other listed permitted uses in the U-E
zone district.
(g) The APU fulfilled the LUC requirement for two neighborhood meetings
with the first meeting held prior to the submittal of the development
application on November 20, 2019, and the second meeting held after
submittal of the development application and completion of the first round
of staff review on November 12, 2020.
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(h) Such use is not a medical marijuana business as defined in Section 15-452
of the City Code or a retail marijuana establishment as defined in Section
15-603 of the City Code.
(2) The APU is not detrimental to the public good;
(3) The APU complies with the requirements and criteria contained in Section 3.5.1;
and
(4) The APU is not specifically listed as a "prohibited use" in the U-E zone.
Section 5. That the Council approval of the APU is based upon the development
proposal described in MJA200003 and the associated APU request. Any changes to the uses or to
its location, size and design, in a manner that changes the predominant character of or increases
the negative impact upon the surrounding area, will require the approval of a new addition of
permitted use.
Introduced, considered favorably on first reading, and ordered published this 20th day of
April, A.D. 2021, and to be presented for final passage on the 4th day of May, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 4th day of May, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk