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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2021 - SECOND READING OF ORDINANCE NO. 166, 2021, APPROVI Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY December 21, 2021 City Council STAFF Clark Mapes, City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 166, 2021, Approving the Addition of Permitted Uses Associated with the Fort Collins-Loveland Water District Overall Development Plan ODP210001. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the Addition of Permitted Uses (APU) in an Overall Development Plan (ODP) for future expansion of facilities at the existing Fort Collins-Loveland Water (FCLWD) campus. The proposed expansion will occur over time and includes a new maintenance building, outdoor storage, a publicly accessible water filling station and covered parking for fleet vehicles. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 7, 2021 (w/o attachments) (PDF) 2. Ordinance No. 166, 2021 (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY December 7, 2021 City Council STAFF Clark Mapes, City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 166, 2021, Approving the Addition of Permitted Uses Associated with the Fort Collins-Loveland Water District Overall Development Plan ODP210001. EXECUTIVE SUMMARY The purpose of this item is to consider the Addition of Permitted Uses (APU) in an Overall Development Plan (ODP) for future expansion of facilities at the existing Fort Collins-Loveland Water (FCLWD) campus. The proposed expansion will occur over time and includes a new maintenance building, outdoor storage, a publicly accessible water filling station and covered parking for fleet vehicles. The property has split zoning, with about half in the Low Density Residential (RL) zone district, which does not list the proposed uses as Permitted Uses. To directly address this, ODP includes a request for Addition of Permitted Uses as allowed under Land Use Code Section 1.3.4. The APU process requires the ODP to be reviewed and decided by the Planning and Zoning Commission (“P&Z”), in conjunction with a P&Z recommendation to Council on the APU aspect of the plan. Council is then required to decide whether to authorize the additional uses. On October 21, 2021, P&Z unanimously (7-0 vote) approved the ODP conditional upon Council approval of the APU and recommended that Council approve the APU. If this item is pulled from the consent agenda and Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular Council meeting. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The FCLWD is a quasi-municipal water utility that has provided water service to businesses and citizens since 1961. It serves an area of approximately 60 square miles and 50,000-plus people in parts of Fort Collins, Loveland, Timnath, Windsor and Larimer County. The FCLWD property comprises four parcels. Three of the parcels are in the Low Density Residential (RL) Zone District, which does not list the uses in the plan as Permitted Uses. Those uses are: accessory buildings associated with the office, and outdoor storage. The property is outlined in the solid white line below. ATTACHMENT 1 COPY Agenda Item 16 Item # 16 Page 2 The existing development and operations already extend onto the RL portion of the property. The history of this is not clear, as noted in the P&Z staff report on page 4. (Attachment 2) Now, the ODP proposes to expand further into the RL portion, and the APU code section is being invoked to permit the uses. (Attachment 1) Council Approval. In conjunction with development plans for projects located in certain residential-based zone districts, including RL, any application for the addition of permitted uses must be determined by Council after a Planning and Zoning Commission recommendation on the APU. The Planning and Zoning Commission remains the decision maker on the primary application in this case, the ODP, which was approved conditioned upon Council approval of the APU as noted previously. APU Criteria. The criteria for APUs are found in Land Use Code Section 1.3.4 and are provided below. The purpose of the 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 with APU, with the understanding that the 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 Planning and Zoning Commission may recommend that Council add the proposed uses if the Board specifically finds that such use meets the requirements of LUC Section 1.3.4, in that it: (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 Land Use Code Section 3.5.1 (attached); and (4) is not specifically listed as a "prohibited use" in the zone district in which the proposed site is located. The Commission found that these requirements are 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. 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 COPY Agenda Item 16 Item # 16 Page 3 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. 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. Staff Findings. Staff reviewed the plan for compliance and concluded that the plan meets the APU criteria as explained below: a) Such use is appropriate in the zone district to which it is added. The proposed uses are appropriate in the location, based on the plan and the context and circumstances, because they already exist on the site and the facility has been a good neighbor for a number of years; and because the proposed ODP reflects conversations with affected neighbors; and because the facility provides critical infrastructure for adjacent neighbors and over 45,000 others in a large area of south Fort Collins, Larimer County and Timnath. 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. The use has basic characteristics appropriate in the location, based on the plan and the circumstances and context of the proposed location, for the reasons stated under a) above; and because the ODP incorporates collaboration with neighbors on a landscaped setback on the east with a privacy fence placed well within the property so that the landscaping provides a sense of space for the neighbors; and because abutting lots on the north have outdoor storage adjacent to the facility. c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. The proposed expansion of existing uses is compatible with the context of the specific location within the zone district and has minimal negative impact on the use of nearby properties for reasons stated above. 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. The most tangible impact that may be generated is noise, based on neighbor comments about the existing facility: backup beepers on trucks/equipment, occasional late-night emergency dispatch mobilizations. The RL zone permits public facilities such as fire stations and emergency services providers, and the proposed uses are part of an operation that is similar or lesser in impact than those uses, which rely on sirens. Any other impacts will be addressed/accounted for in any subsequent Project Development Plans. e) Such use will not change the predominant character of the surrounding area. The proposed expansion continues the existing character, and the surrounding residential area will retain its character. COPY Agenda Item 16 Item # 16 Page 4 f) Such use is compatible with the other listed permitted uses in the zone district to which it is added. The proposed expansion of existing uses is compatible with the other listed permitted uses in the zone district to which it is added, in the given location based on the plan as proposed, for all the reasons stated above. 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 second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review. Two neighborhood meetings were held and the applicants have met with neighbors at an adjacent home. CITY FINANCIAL IMPACTS Any subsequent development will pay applicable development impact fees, with no financial impacts associated with the addition of the permitted uses. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended that Council approve the Addition of Permitted Uses on their consent agenda, on a 7-0 vote. Minutes from this meeting were not yet available at the time of publication. PUBLIC OUTREACH As required for this APU in the RL zone, two neighborhood meetings were held, both virtually. The first was held on January 28, 2021; the second meeting was held on May 10, 2021, following submittal of the ODP, as required. Two hundred thirty-four letters were mailed to owners within the notice area for both meetings. In addition, the applicant team met with neighbors at their homes to discuss specific ideas. There were no public comments at the P&Z hearing. (Attachments 5 and 6) ATTACHMENTS 1. Overall Development Plan (PDF) 2. Development Review Staff Report (PDF) 3. Applicant's Narrative for ODP (PDF) 4. Applicant's Narrative for APU (PDF) 5. First Neighborhood Meeting Notes, January 28, 2021 (PDF) 6. Second Neighborhood Meeting Notes, May 10, 2021 (PDF) 7. Land Use Code Section 3.5.1 (PDF) 8. Applicant Presentation (PDF) COPY -1- ORDINANCE NO. 166, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE FORT COLLINS-LOVELAND WATER DISTRICT OVERALL DEVELOPMENT PLAN ODP210001 WHEREAS, the Fort Collins-Loveland Water District (“FCLWD”) headquarters office is located at 5150 Snead Drive and the campus (“Campus”) upon which it is located consists of four parcels, 9601333901, 9601334901, 9601334902, and 9601300905; and WHEREAS, parcel #9601333901 is located in the General Commercial (“C-G”) zone district, while parcels #9601334901, #9601334902, and #9601300905 are located in the Low Density Residential (“R-L”) zone district; and WHEREAS, FCLWD submitted an Overall Development Plan, ODP210001, for the future expansion of the Campus, that proposes, among other things, the expansion and addition of accessory buildings associated with the office, including garages, and outdoor storage on the portions of the Campus located in the R-L zone district; and WHEREAS, the proposed accessory buildings associated with the office and the outdoor storage are not allowed uses in the R-L zone district; and WHEREAS, the Addition of Permitted Uses process set forth in Land Use Code (“LUC”) Section 1.3.4 allows a use not listed in a particular zone district to be conducted on a particular property in such zone district if certain standards are met; and WHEREAS, for Addition of Permitted Uses applications in the R-L zone district, City Council is the decision maker by ordinance after considering a Planning and Zoning Commission (“P&Z”) recommendation; and WHEREAS, in association with ODP210001, FCLWD submitted a Addition of Permitted Uses application to allow the proposed accessory buildings associated with the office and the outdoor storage uses in the portions of the Campus located in the R-L zone district (“FCLWD APU”); and WHEREAS, at its October 21, 2021, regular meeting, P&Z approved ODP210001 conditional upon City Council approving the FCLWD APU and P&Z unanimously (7-0 vote) recommended that City Council approve the FCLWD APU; and WHEREAS, pursuant to LUC Section 1.3.4(B)(2), the FCLWD APU proposed uses are listed as permitted 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 to be allowed through the Addition of Permitted Uses process; and -2- WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), two neighborhood meetings were held regarding the FCLWD APU with the first meeting held prior to the submittal of the development application on January 28, 2021, and the second meeting held on May 10, 2021, after submittal of the development application and completion of the first round of staff review; 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 FCLWD APU; and WHEREAS, on December 7, 2021, Council held a public hearing and considered the FCLWD 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 opened and closed, with the only 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 FCLWD APU, the agenda materials, and any relevant testimony, if any, hereby approves the FCLWD APU to add accessory buildings associated with the office and the outdoor storage as uses specifically limited to the portion of the Campus located in the R-L zone district. Section 3. That the Council, in support of its decision to approve the FCLWD APU, makes the following findings of fact: (1) The FCLWD APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such uses are appropriate in the R-L zone district. (b) Such uses conform to the basic characteristics of the R-L zone district and the other permitted uses in the R-L zone district. (c) The location, size and design of such uses are compatible with and have 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 R-L zone district. -3- (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 R-L zone district. (g) The FCLWD APU fulfilled the LUC requirement for two neighborhood meetings with the first meeting held prior to the submittal of the development application on January 28, 2021, and the second meeting held after submittal of the development application and completion of the first round of staff review on May 10, 2021. (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 FCLWD APU is not detrimental to the public good; (3) The FCLWD APU complies with the requirements and criteria contained in Section 3.5.1; and (4) The FCLWD APU does not propose uses specifically listed as prohibited in the R- L zone district. Section 5. That the Council approval of the FCLWD APU is based upon the development proposal described in ODP210001 and the associated Addition of Permitted Uses application. 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 Uses. Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 2021, and to be presented for final passage on the 21st day of December, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on this 21st day of December, A.D. 2021. -4- __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk