HomeMy WebLinkAbout166 - 12/21/2021 - APPROVING THE ADDITION OF PERMITTED USES ASSOCIATED WITH THE FORT COLLINS-LOVELAND WATER DISTRICT OV 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
Wl IEREAS, 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
V4'1 iEREAS, 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
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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.
(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.
or
ATTEST:
e
Interim City Clerk
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Passed and adopted on final reading on this 21 st day December, ND. 202 .
ATTEST:
Interim City Clerk
oFFORTcO`
aLORAO
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Account#: FTC-003160
FORT-COLLINS
' Invoice Text
J _ A , NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7
STATE OF COLORADO
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same-is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
12/28/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Cleric
Subscribed and sworn to before me,within the County of Brown, State of Wisconsin this
7th of January 2022.
Notary Public
Notary Expires
VICKY FEL,TY
Notary P u b I i G Legal No.0005063853
State of Wisconsin
Ad#:0005063853
Affidavit Prepared
P 0:ORDINANCE Hday,January 7,2022 11A3 am
This is not an invoice
#of Affidavits: 1
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`� `#ofAf Affidavits:
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council,an Tuesday,
December 21,2021,passed and adapted
the following ordinances an second
reading.
ORDINANCE NO.162,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE CULTUR-
AL SERVICES AND FACILITIES
FUND FOR THE GARDENS ON
SPRING CREEK
ORDINANCE NO.163,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MAKING SUPPLEMENTAL APPRO.
PRIATIONS AND AUTHORIZING RE-
LATED ACTIONS FOR THE LINCOLN
CENTER'S SHUTTERED VENUE OP-
ERATORSGRANT
ORDINANCE NO.164,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MAKING SUPPLEMENTAL APPRO-
PRIATIONS AND APPROPRIATING
PRIOR YEAR RESERVES FOR SUP-
PLEMENTAL SNOW REMOVAL
ORDINANCE NO,165,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2022 LARIMER
COUNTY REGIONAL
TRANSPORTATION CAPITAL EXPAN-
SION FEE SCHEDULE
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
ORDINANCE NO.167,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING A TEMPORARY EX-
CEPTION TO THE LAND USE CODE
TO
ALLOW T-MOBILE TO PLACE A TEM-
PORARY WIRELESS
TELECOMMUNICATION FACILITY
AT 1800 EAST HARMONY ROAD TO
REPLACE LOST WIRELESS SERVICE
COVERAGE
ORDINANCE NO.168,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2022 CLASSIFIED
EMPLOYEE PAY PLAN
ORDINANCE NO,170,2021
OF THE COUNCIL OF THE
CITY OF FORT COLLINS
AMENDING SECTION 2-606
OF THE CODE OF THE CITY OF
FORT COLLINS AND
SETTING THE SALARY OF
THE CHIEF JUDGE
ORDINANCE NO,171,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING SECTION 2.581 OF THE
CODE OF THE CITY OF
FORT COLLINS AND SETTING THE
SALARY OF THE CITY ATTORNEY
ORDINANCE NO.172,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS TEMPORARILY SU-
PERSEDING CITY CODE AND SET-
TING THE COMPENSATION AND
TERMS OF EMPLOYMENT OF THE
INTERIM CITY MANAGER
The full text of these ordinances can be
found at http:1/fc90V.comlpubIicnatices
or by calling the City Clerk's Office at
970.221.6515.
0005063853
Coloradoan
Dec 28,2021
Account#}: RTC-003160)-)C
FORT-COLLINS
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Invoice Text
0� NOTICE 1S l-IERFBY GIVEN that the Fort Collins City Couni
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMIR)
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state:that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
12/1212i
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
12th of December 2021.
r
Notary Public
Notary Expires
1/ C KY F i i Y Legal No.0005038994
Ad#:0005038994 Notary Public
PO: State of Wisconsin Affidavit Prepared
This is not an invoice Sunday.December 12,20:3:34 am
#of Affidavits 1
CENT ER'S SHU7iERED�/ENUE QP OFT IE CODEt OF T11
FO C11`y y \
E RATORS GRANT RTCOLLINw� ,,NA
SETTINGTHES kY10
ORDINANCE ND;164 2021'
THE CHIEF JUDG
,
OF THE COUNCIL OF THE CITY DF 0RDINANCE NO 171 ' , 4
FORT COLLINS OF THE COUNCIL OF,T1E C� YF `
MAKING-.SU.PPLEMENTAL-APPR6 FORT COLLINS
PRIATIONS AND APPROPRJATING gMENDING:SECTION 2-501 QF 1 H
PRIOR YEAR RESERVES FOR SUP CObE OF'TH7 CITY QF
PLEMENTAL SNOW REMOVAL FORTCOL'LINS AND SE71�G Y NE
SALARY 0) T1lE CITY AT ONEY i
ORDINANCE NO.165,2021
OF THE COUNCIL 017 THE CITY OF O`RDINg1tGE NO 172 021
FORT COLLINS OF THE COUNCIL OF THE GI 3 �F
ADOPTIN.GFHE2022LAR[INER FpRTCOL`LIbiS TLMP,, RARIL�?'SUx
COUNTYREGIONAL pER_SEM0.6'CITYCO EANLSSrT
TRANSPORTATION CAPITAL EXPAN T1NG.THE COMPENSATION AN;D z i
S10N FEE SCHEDULE 7ERl1hS OF EMpLOYMI"NT OF THE 6-
; INTERIM CITY MA1JRf�ER -�
QRD[NANCEJ�Q 166,2021 j�, z
OF THE COUNCIL OF•;THE CITY OF
FORT COL1Ns The fullfioxfi of these ordlriance5 cbrrbe
found at
APPRQV:ING THE"'ADDITION OF , http/I#cgoy cbfnlpublitnotls
P,ERMITT�ED-;USES o
PSSOCIATEDr by dpllitt9 the Gity C[bNs Off3e0 ctt
WITH THE
970 221 6515
FORT COLLINS LOVELAND WATER 0005030994
DISTRICT OVERALL DEVELOPMENT Calnradoon ,
PLAN ODP210001 D?celriber l2,2621
ORDINANCE NO 167,2021
OFT HE COUNCIL OF:THE CITY DF
FORT COLLINS:,
`AUTHORIZING.A TEMPORARY EX
;CEPTION TQ THE-LAND USECODE z
TO
ALLOW T MOBILE'TO PLACE A TEM
PORARY WIRELESS
rvo710E15WEREBYGIVEN',thotthe TELECOMMUNICATlONFACILITY'
Fort COIIIns:City,COunci1 an;Tue'sday, . AT aBaO EAST HARMONY,ROAD TO
December l;`2021,,passed and adopted REPLACE LOST W:IRELE55 SERVICE
the folloWI69:ordindnces,on ficsfi ` _ COVERAGE
reading, These ordinances will be pre _
sehfied for final passage on Tuesday De. ORDINANCE NO 1GS,202i
cember21v2021 OF THE COUNCIL.OF THE CITY OF
FORT COLLINS
ORDINANCE NO 162 2021 ADOPTING THE 2022 CLASSIFIED
OF THE-..COUNCIL OF.THE,CITY OF, EMPLOYEE'P71Y PLAN7.
FORT COLLINS '-
APPROPRIATING UNANTICIPATED' ORDINANCE NO 169,2021
GRANT REVENUE`IN THE CULTUR OF THE:COUNCIL,OF:THE CITY OF ;
AND.FACILITIES. FORTCO,L.LINS
FUND:FOR THE GARDENS ON AMENDIfJG'THE'CODE OF>.THE CITY
SPRINGs'CREEK'; OF;FORT.COLLINS PERTAINING TO
ADOPTION'OF THE'CL.ASSIFIED EM
QRD.INANCE<NO 163,2021 PLOYEES P.AY PLAN=,
OFTHE,COUNCIL:OF THE;CI7Y OP:
FORT COLLINS ORDINANCE.NO 170,2021
IV4AKING'SUPP.L EMENTAL APPRO-. OF THE COUNCIL OF THE
PRIATIONS AND'AUTHORIZING,RE-. "CITY`OF FORT;COLL:INS
LATED ACTIONS FOR THE LINCOLN AMENDING'SECTION:2.606
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