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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2021 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 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 evide nce 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. 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 whi ch 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 park ing 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 tha t 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 al low 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 t he 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 cont ained 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, di scussion 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 Urba n 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) Development Review Staff Report Agenda Item 3 Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Planning and Zoning Board Hearing March 11, 2021 East Park District Maintenance Facility Summary of Request This is a proposed Major Amendment, MJA#200003, of the Bucking Horse Overall Development Plan. The application includes a complete development plan for a City of Fort Collins Parks Maintenance facility with an office/shop building, equipment storage yard, parking, fencing, landscaping, and improvements to adjacent recreational trails. The project is located in the Urban Estate (UE) Zone District which does not list the proposed uses as Permitted Uses , and thus the plan includes a request for Addition of Permitted Uses (APU) under the Land Use Code. Zoning Map Next Steps There are two next steps for this project that have different decision- makers. The Planning & Zoning Board is the decision-maker on the Major Amendment and will provide a recommendation to City Council regarding the APU. If the Board approves the Major Amendment and recommends approval of the APU, the APU will then be considered by City Council. If the APU is approved by Council, the applicant will then be eligible to submit a Final Development Plan to finalize engineering and other details and record all plan documents; the applicant could then apply for construction and building permits. Site Location 2982 Environmental Drive – near the corner of E. Drake Rd, and Environmental Dr. Zoning Urban Estate (UE). Property Owner City of Fort Colins—Park Planning and Development Applicant/Representative Craig Kisling Landscape Architect, City of Fort Collins Park Planning and Development 215 N. Mason St. Fort Collins, Colorado 80524 Staff Clark Mapes, City Planner Contents 1. Project Introduction .................................... 2 2. Public Outreach ......................................... 2 3. Land Use Code Article 1 ............................ 3 4. Land Use Code Article 2 ............................ 5 5. Land Use Code Article 3 ............................ 5 6. Land Use Code Article 4 .......................... 10 7. Findings of Fact/Conclusion .................... 10 8. Recommendation ..................................... 10 9. Attachments ............................................. 10 Staff Recommendation Staff recommends that the Board approve the Major Amendment and that the Board make a recommendation to City Council to approve the Addition of Permitted Uses for office and outdoor storage uses in the Major Amendment. Site E. Drake Rd. RC Timberline Rd. UE LMN LMN RC COPYATTACHMENT 1 Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 2 of 11 Back to Top 1. Project Introduction A. PROJECT DESCRIPTION The project is a Major Amendment to the Bucking Horse Overall Development Plan, which currently shows the site as ‘CSA’ (Community Supported Agriculture). A complete development plan has been submitted for approval in conjunction with the Major Amendment. The site is 3.6 acres at the eastern point of the triangular shaped 153-acre Bucking Horse development, which is bounded by Timberline Road on the west, Drake Road on the south, and a railroad on the angled northea st side. • The proposed building is approximately 6,000 square feet with an office portion and a shop portion. • An existing access drive on Environmental Drive will be used for vehicular access. • The program includes office space for district parks crews, a screened storage yard for equipment and materials, a shop for light maintenance of vehicles and equipment, a few visitor parking spaces near a public entrance, and a complete landscape plan. • The plan connects to the trail system in the area and includes dedication of an existing recreational trail along the edge of the larger Bucking Horse development into the City’s overall trail system. • The facility is needed to provide maintenance on various parks in the southeast part of the city. B. DEVELOPMENT STATUS/BACKGROUND 1. Annexation and Planning The Bucking Horse Overall Development Plan was first approved in 2012 and amended in 2019. The 2019 amendment involved this southeastern portion of the ODP, including a change in designation of this tract from Horse Boarding to CSA as currently indicated. A CSA initiative was pursued but did not come to fruition. The CSA use was not found to be viable due to lack of an operator. 2. Surrounding Zoning and Land Use North South East West Zoning River Corridor (RC) River Corridor (RC) River Corridor (RC) Urban Estate (UE) Land Use Concrete plant and Fort Collins Wastewater Treatment Plant (northeast diagonal orientation). Gravel pit pond. Concrete plant and Fort Collins Wastewater Treatment Plant (northeast diagonal orientation). Large stormwater detention pond. C. OVERVIEW OF MAIN CONSIDERATIONS The plan review process has been straightforward. Site design, architecture and engineering have been found to meet all applicable development standards from Conceptual Review through the review process. Plan iterations in the process have involved only minor adjustments and clarifications . 2. Public Outreach A. NEIGHBORHOOD MEETINGS Two neighborhood meetings are required when Addition of Permitted Uses is involved in the Urban Estate zone district. 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 500 feet to the north and would be served by the facility. Approximately 20 people attended. There were no comments about the facility. Discussion focused entirely on the future park. COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 3 of 11 Back to Top The second meeting was held virtually on November 12, 2020, following the first round of staff review of a plan submittal as code requires. Approximately 6 people attended. There were just a few questions with straightforward answers, and no comments or issues were raised. Notes from both neighborhood meetings have been included as Attachment 7. 3. Land Use Code Article 1 A. DIVISION 1.3 – ZONING MAP AND ZONE DISTRICTS Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 1.3.4 – Addition of Permitted Uses The purpose of the Addition of Permitted Use (a.k.a. APU) process is to allow for approval of a particular land use to be located on a specific parcel within a zone district that otherwise would not permit such a use. An applicant may submit a plan that does not conform to the zoning, with the understanding that such plan 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 City 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. The Planning and Zoning Board may recommend that City Council add the proposed uses if the Board specifically finds that such use: (1) conforms 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 Section 3.5.1; and (4) is not specifically listed as a "prohibited use" in the zone district in which the proposed site is located. The eight criteria are: (a) Such use is appropriate in the zone district to which it is added. (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 (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 4 of 11 Back to Top 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 Required In This Case. In conjunction with development plans for projects located in certain residential -based zone districts, including Urban Estate, any application for addition of permitted use shall be determined by the City 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. Staff Findings. Staff finds that the plan meets all of these criteria because: • The use has basic characteristics that are similar 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 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, which 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. This Google Earth view shows the site in context at the far eastern edge of the Bucking Horse development, in the low-lying Poudre River Valley. COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 5 of 11 Back to Top 4. Land Use Code Article 2 A. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW 1. Conceptual Review – CDR190082 A conceptual review meeting was held on October 10, 2019. 2. First Submittal –MJA 200003 The application was submitted on September 24, 2020. 3. Neighborhood Meeting Pursuant to LUC Section 1.3.4 – Addition of Permitted Uses, two neighborhood meetings are required for an APU in the Urban Estate Zone District. The first meeting was held in person on November 20, 2019. 759 letters were mailed. The second meeting was held virtually on November 12, 2020. 422 letters were mailed to owners within the notice area. More letters were mailed for the first meeting because it was a combined meeting for a nearby neighborhood park development proposal, so had a larger notification area as a result. 4. Notice (Posted, Written and Published) Posted Notice: September 25, 2020, Sign #574. Written Hearing Notice: February 25, 2021, 422 addresses mailed. Published Coloradoan Hearing Notice: Sunday, February 28, 2021, Confirmation #0004622333. 5. Land Use Code Article 3 A. DIVISION 3.2 - SITE PLANNING AND DESIGN STANDARDS Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 3.2.1 – Landscaping and Tree Protection The standards of this Section require a development plan to demonstrate a whole approach to landscaping that enhances the appearance and function of the development and the neighborhood. The plan provides: • Tree stocking around the building, parking lot, and storage yard. • Native seed mix around the entire perimeter. • Planting beds around the front of the building designed to complement the architecture. • Detention pond seed mix. The plan reflects regional foothill and prairie character with native and other appropriate plants for the open landscape setting. Complies 3.2.1(E)(4) – Parking Lot Perimeter Landscaping The parking lot is situated within a larger landscape area rather than having a strip of landscaping around the parking lot per se, thus exceeding the standard. Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 6 of 11 Back to Top 3.2.1(E)(5) – Parking Lot Interior Landscaping This subsection requires at least 6% landscaping coverage in landscaped islands and peninsulas within the parking lot. The single-loaded drive aisle with 7 spaces does not have any circulation or rows of spaces that require intervening landscaping. Staff finds that a portion of the landscaping at the entry to the small lot fulfills the requirement. Complies 3.2.1(F) – Tree Mitigation This subsection requires mitigation to offset removal of existing trees. A Tree Mitigation Plan is included which inventories trees on site. In this case, no mitigation is required but dead trees on the site are simply replaced one -for-one. Complies 3.2.2 – Access, Circulation and Parking – General Standard This Section requires that development projects accommodate the movement of vehicles, bicycles, pedestrians safely and conveniently. The plan provides convenient walkway access to the building, drive access to the parking, and circulation within the internal storage yard. Complies 3.2.2(C)(4) – Bicycle Parking Space Requirements This standard requires a minimum of 4 bicycle parking spaces. 4 are provided. Complies 3.2.2(K)(2) – Vehicle Parking Space Requirements For the office portion of the plan, this standard requires a minimum of 1 and a maximum of 3 parking spaces per 1,000 square feet, or .75 spaces per employee on the largest shift. The office portion of the building comprises approximately half of the building, or 3,000 square feet, requiring three to nine parking spaces. 7 general-use parking spaces are provided near the office entrance. Within the storage yard, workers will be allowed to park for the workday while leaving for work in the parks, and for work in the shop and work yard. This aspect of the use does not fit any of the land use categories for which parking requirements are listed. Staff finds that parking in the work yard falls within findings of project compatibility in discussion of code Section 3.5.1 later in this report. Complies 3.2.4 – Site Lighting This Section requires that lighting meet the functional and security needs of the project in a way that does not adversely affect adjacent properties. All lighting comprises fully shielded, down-directional, color temperature 3,000 Kelvin or less fixtures. A photometric plan demonstrates lighting levels within required limits. Complies Section 3.2.5 – Trash and Recycling Enclosures This Section requires trash and recycling enclosures in convenient locations, with walk- in access without having to open the main service gate. Additionally, standards require 50/50 distribution of recycling and trash, a concrete pad, and enclosures to be constructed of durable, high quality material that complements the material and architecture of the residential building that it is required for. The plan provides trash and recycling space conveniently located within the screened storage yard. Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 7 of 11 Back to Top B. DIVISION 3.4 – NATURAL RESOURCES STANDARDS This Division requires that to the maximum extent feasible, the development plan is designed and arranged to be compatible with and to protect natural habitats and features and the plants and animals that inhabit them and integrate them within the developed landscape of the community. Two pertinent aspects of the standard are to (1) direct development away from sensitive resources, and (2) minimize impacts and disturbance through the use of buffer zones. Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 3.4.1(D) and (E) – Ecological Character Study and Buffer Zones If a development site contains, or is within 500 feet of, a natural habitat or feature, then an Ecological Characterization Study (ECS) is required. The Boxelder Ditch and a wetland exist off-site, but the buffers extend on to the site. Thus, the wetland boundary and the ditch top-of-bank were delineated in order to accurately apply the buffers. The wetland runs parallel to angled northeastern edge of the site along an abutting railroad. The wetland was found to be greater than 1/3 acre in size and thus a 100’ buffer was applied. Also, the Boxelder Ditch is located offsite of the extreme southeast corner of the site and a 50’ buffer was applied. Both buffers are in accordance with the Buffer Zone standards found in LUC 3.4.1(D) and are depicted on the site and landscape plans. A portion of the storage yard is proposed in the central portion of the wetland buffer area and so the proposed Natural Habitat Buffer Zone is expanded on the northern and southeastern corners of the site to compensate. Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 8 of 11 Back to Top C. DIVISION 3.5 - BUILDING STANDARDS Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 3.5.1 Building and Project Compatibility This Section requires that the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area. Standards focus mainly on compatible building design, addressing all aspects of scale and design characteristics. Standards also address other aspects of project compatibility such as noise and glare and unsightly service functions. The context of the surrounding area is characterized by gravel pit ponds, stormwater detention areas, and industrial uses related to the low-lying river valley location – a concrete plant and a sewer plant. The explanation of compatibility previously in this report, in the discussion of the Addition of Permitted Uses under Section 1.3.4, pertains to this Section as well. The building is one story, with taller maintenance bays located to the rear and within the enclosed storage and work yard, away from Environmental Drive. Orienting the office portion of the building to the road brings the building scale down to a modest neighborhood scale. The overall form of the office portion is a simple traditional building form with gable and shed components compatible with residential and agricultural character. This rendering conveys the essential character of the building design. The storage and work yard area is fenced and screened with appropriate landscaping. Staff finds that this perimeter treatment combined with distance from residential development will result in compatibility with the context. Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 9 of 11 Back to Top 3.5.3(D) and (E) Character and Image of Commercial Buildings Standards in these subsections require architectural interest with site-specific design tailored to the site and its context. Variation in massing is required to avoid a single, large dominant building mass. Standards address wall articulation, façade character, and clearly defined entrances. The architecture is characterized by a whole set of features that exemplify the purpose of the standards including windows, a defined entrance, wall articulation with projecting and recessed features, and roof forms with visual interest. Complies D. DIVISION 3.6 - TRANSPORTATION AND CIRCULATION This Division is intended to ensure that the transportation system is in conformance with adopted transportation plans and policies established by the City. Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 3.6.2 – Streets, Streetscapes, Alleys and Easements This section requires development to include streets and easements as needed to support the development. Existing Environmental Drive will serve the development. The plan provides all necessary easements for public walkway access, emergency access and drainage. Complies 3.6.4 – Transportation Level of Service Requirements This Section requires that the transportation needs of proposed development will be safely accommodated by the existing transportation system, or that appropriate mitigation of impacts will be provided by the development in order to meet adopted Level of Service (LOS) standards. Staff found that the existing transportation network can accommodate the traffic generated by the proposed development and no traffic study was required. Complies 3.6.6 – Emergency Access This Section requires adequate access for emergency vehicles and persons rendering fire protection and emergency services. The plan provides an emergency access drive throughout the development . Complies COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 10 of 11 Back to Top 6. Land Use Code Article 4 A. DIVISION 4.2 – URBAN ESTATE DISTRICT (UE) Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 4.2(A) - Purpose The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional loc ations for similar development, typically in transitional locations between more intense urban development and rural or open lands. Development standards for this zone district only involve residential subdivisions. The location of this project is a transitional edge of the zone and is separated from residential development to the north and west. The landscaped perimeter and the architecture are designed to complement the Bucking Horse setting, and will provide an attractive buffer to the adjacent concrete and sewer plants which are clearly visible to the east. Complies via Addition of Permitted Uses as described in analysis of Section 1.3.4 previously in this report. 7. Findings of Fact/Conclusion In evaluating the request for the East Park District Maintenance Facility Major Amendment MJA#200003, staff makes the following findings of fact and conclusions: 1. The Project Development Plan complies with criteria for Addition of Permitted Uses in Article 1, Section 1.3.4 as required for approval of the proposed uses. 2. The Project Development Plan complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code. 3. The Project Development Plan complies with pertinent standards located in Article 3 – General Development Standards. 4. Article 4, Division 4.2 Urban Estate Zone District, does not contain any applicable standards. The proposed uses are permitted under separate code Section 1.3.4, Addition of Permitted Uses . 8. Recommendation Staff recommends that the Planning and Zoning Board make a motion to recommend that City Council approve the Addition of Permitted Uses in the East Park District Maintenance Facility MJA#200003, and that the Board make a motion to approve the East Park District Maintenance Facility MJA#200003, based on the Findings of Fact and supporting explanations found in the staff report. 9. Attachments 1. Applicants Narrative for Addition of Permitted Uses 2. Applicants Design Narrative 3. Ecological Characterization Study COPY Planning & Zoning Board Hearing - Agenda Item 3 MJA 200003 | East Park District Maintenance Facility Thursday, March 11, 2021 | Page 11 of 11 Back to Top 4. Site and Landscape Plans 5. Architectural and Electrical Plans 6. Utility Plans 7. Neighborhood Meeting Notes from Two Meetings 8. Staff Presentation for Work Session 9. Post Work Session Roof Form Email 10. Post Work Session Roof Form Illustration 11. Applicant Presentation COPY 11East Parks Maintenance Facility Planning and Zoning Board HearingClark Mapes, City PlannerMarch 11, 2021ATTACHMENT 2 Project Overview•City Parks Department Maintenance Facility•Major Amendment to Bucking Horse ODP•Office and Storage/Work Yard•Requires Addition of Permitted Uses (APU) for Office and Outdoor Storage in This Plan2 3Bucking Horse Overall Development Plan 4Bucking Horse Overall Development Plan Zoning and ‘APU’5Urban Estate(UE)E. Drake Rd.EnvironmentalDr.i APULand Use Code Section 1.3.4 - Addition of Permitted UsesAllows for approval of a land use to be located on a specific parcel within a zone district that otherwise would not permit such a use…subject to a heightened level of review, with close attention being paid to compatibility and impact mitigation.City Council Approval.In conjunction with a development plan in the Urban Estate zone district, an application for addition of permitted use shall be determined by the City 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.The Planning and Zoning Board may recommend the APU to City Council if the Board specifically finds that such use: (1) conforms to eight listed criteria; (2) would not be detrimental to the public good; (3) would be in compliance compatibility standards. The Planning and Zoning Board shall consider only the requirements set forth in this subsection in making a recommendation on the addition of permitted use6 7(a) appropriate in the zone district to which it is added.(b) 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) 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) will not change the predominant character of the surrounding area.(f) is compatible with the other listed permitted uses in the zone district to which it is added.(g) …two neighborhood meetings….APU Eight Criteria 8Concrete PlantSewerPlantDetention PondSiteGravel PitPondOpenCargillAgResearchPlantSePSiteChildCarePark SiteEnvironmental Dr.Looking North Over Environmental Drive Looking East Over E. Drake Road 10SiteLooking Northeast From E. Drake Road 11SiteLooking Northeast From E. Drake Road 12Looking Northwest From Environmental Drive 13Looking Northwest From Environmental Drive 14Looking Northwest From Environmental Drive 15Looking Northeast From Environmental Drive 16Site PlanEnvironmental Dr.100’ Wetland Buffer LineBuildingStorage and Work Yard 17Landscape PlanEnvironmental Dr. Board motions to:•Recommend that City Council approve the Addition of Permitted Uses in the East Park District Maintenance Facility #MJA200003, and •Approve the East Park District Maintenance Facility #MJA200003, based on the Findings of Fact and supporting explanations found in the staff report.Staff Recommendation -1- 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 -2- the consent agenda, a public hearing is deemed to have been open and closed, with the onl y evidence considered being that set forth in the agenda item summary and the attachments thereto, including the staff report. 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 -3- submittal of the development application and completion of the first round of staff review on November 12, 2020. (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