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NARRATIVE INFORMATION ACCOMPANYING REQUEST OF
BOXELDER SANITATION DISTRICT FOR EXEMPTION PURSUANT TO
SECTION 31-23-301(1) C.R.S.
Boxelder Sanitation District has received directives from state and federal authorities under
federal clean water legislation to expand its treatment capacity. The Boxelder Sanitation District
Board of Directors has determined to comply with these directives by expanding its present lagoon
treatment system, as more particularly detailed in its Water Quality Site Application submitted
herewith and incorporated herein. The District plans to purchase an approximate 3.5 acre parcel
of land described on Exhibit "A" hereto from the City, as well as a survey "gore".parcel as
described on Exhibit "B" hereto. These parcels are in the City. The lagoon expansion will occur
on these parcels, and on a portion of the District's current plant site (as described on Exhibit "C"
hereto), which is in the unincorporated county.
The Boxelder plant is completely automated, and runs 24-hours per day. One individual
resides . on -site in order to be present to handle any emergencies. No additional traffic is
contemplated as a result of this expansion, save during the lagoon construction period.
Construction is estimated to take approximately 6 months and will occur in the June or July to
December, 1995 time frame. Construction will involve certain earth excavation and related
activities, and is not expected to be anything out of the ordinary. No special hazards, noise or
air pollution are anticipated. Certain odors .are sometimes associated with lagoon treatment
systems, but the existing plant has been in this location for many years and surrounding uses,
primarily mining and agricultural, are unaffected. The City's sludge plant is close by, and sewage
treatment is an established use in this neighborhood.
Drainage from the site is, generally to the south and southeast into the Poudre River, which
runs along the southerly edge of the Boxelder property. Some site drainage flows into Boxelder
Creek, which flows on the easterly edge of the Boxelder property. These general drainage
characteristics will not be affected by the proposed lagoon expansion. Fire protection facilities
are not applicable.
Access will be along the existing easement roads through the City of Fort Collins property
and will not be affected by this project. Boxelder is, in the normal course of its operations and
not associated with the lagoon expansion, seeking to obtain firmer access and utility easements
from the City for the benefit of the treatment plant site. Those discussions with the City are
ongoing. The access road easements currently extend through the City of Fort Collins property
from Prospect Road and the I-25 Frontage Road. The access is established and historic. No
additional parking areas are planned. General site landscaping is yet to be determined. The
overall Boxelder property has undergone significant beautification in the last two years, including
clean-up of an old solid waste disposal site the District had not caused, seeding of that area and
other areas, and various plantings. Additional storage areas are not contemplated.
n
Mr. Steve Olt
April 20, 1995
Page 2
expansion. Obviously, there are no traffic studies, landscape plans, drainage plans or the like
with this project.
Thank you.
Sincerely, .�.
Ac:��
Rick Zier
RZ/sf
PC: Boxelder Sanitation District
RICK ZIER ZIER LAW OFFICES
318 CANYON AVENUE, SUITE 201
POST OFFICE BOX 770
FORT COLLINS, COLORADO 80522
April 20, 1995
Mr. Steve Olt
City of Fort Collins Planning Department
281 North College Avenue
Fort Collins, CO 80524
RE: Boxelder Sanitation District Lagoon Expansion
Dear Steve:
TELEPHONE
(970)482-2255
FAX (970) 493-1218
In accordance with our meeting of April 14, 1995 involving yourself, Mr. Barnes and Mr.
Eckman of the City, Mr. White and Ms. Haag of the County, and Mr. Smith and myself on behalf
of Boxelder Sanitation District, the District is hereby requesting complementary review of the
location, character and extent of its proposed lagoon expansion by the Planning and Zoning Board
pursuant to Section 31-23-209, C.R.S.
My understanding is that a site plan is all that is needed. Accordingly, accompanying this letter
is a copy of the District's Water Quality Site Application, as well as a narrative description of the
project which we are providing to Mr. Barnes as part of a request for exemption under Section
31-23-301(t). These documents contain the legal descriptions of the parcels involved and
complete descriptions of the various aspects of the proposed lagoon expansion.
We would request placement on the agenda of the Planning and Zoning Board at the earliest
possible time. Please let me know if there is a fee associated with this kind of review. Also let
me know if you require further information on the location, character and extent of the lagoon
ATM
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VICINITY MAP
#23-95 Administrative Review
Expanded Lagoon System
Boxelder Sanitation District
05/17/95
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Boxelder Sanitation District Lagoon System Expansion, Site Plan
Advisory Review - #23-95
May 22, 1995 P & Z Meeting
Page 4
It is recommended, therefore, that the Planning and Zoning Board
advise the Boxelder Sanitation District Board of Directors that the
location, character, and extent of the Boxelder Sanitation District
Lagoon System Expansion, Site Plan Advisory Review is appropriate
and conforms to the Comprehensive Plan of the City of Fort Collins.
It is further advised that:
(1) A drainage report be submitted to the City of Fort
Collins Stormwater Utility for review and approval prior
to construction of the proposed expansion of the Boxelder
Sanitation District sewage lagoon system.
Boxelder Sanitation District Lagoon System Expansion, Site Plan
Advisory Review - #23-95
May 22, 1995 P & Z Meeting
Page 3
B. Section 31-23-209, Colorado Revised Statutes
This section provides that no publicly or privately owned public
utility shall be constructed or authorized in a municipality until
the "location, character, and extent thereof has been submitted for
approval" by the Planning and Zoning Board. In the case of
disapproval, the Planning and Zoning Board shall communicate its
findings to the Boxelder Sanitation District Board of Directors. A
disapproval of the Planning and Zoning Board may be overruled by
the District Board of Directors by a vote of not less than two-
thirds of its membership.
Under Section 31-23-209, C.R.S., the Planning and Zoning Board
should make findings as to the location, character, and extent of
the proposed sewage lagoon facility expansion relative to the
adopted Comprehensive Plan of the City of Fort Collins. Such
findings help ensure that the proposed facility expansion conforms
to the adopted plan of the community. This is the same statutory
authority used to review other agencies or organizations that are
exempt from compliance with the City of Fort Collins zoning
regulations.
4. Storm Drainage:
The City of Fort Collins Stormwater Utility believes that this
lagoon expansion project will follow Section 26 of the City Code,
particularly with reference to Sections 26-541 and 26-544 that
require construction within the City limits to meet Stormwater
Utility standards for storm drainage facilities. Section 10 of the
City Code applies since the City is responsible for floodplain
administration. The City issues Floodplain Use Permits. The
Stormwater Utility is requesting that a drainage report be
submitted for review and approval prior to construction of the
proposed expansion of the Boxelder Sanitation District sewage
lagoon system.
5. Neighborhood Compatibility:
The site is surrounded by essentially undeveloped properties in all
directions; therefore, there are no distinguishable neighborhood
compatibility issues associated with this request.
RECOMMENDATION:
The request to expand the Boxelder Sanitation District sewage
lagoon system is found to be appropriate in the RC - River Corridor
Zoning District. The new (fourth) lagoon is compatible with the
existing system. There are no neighborhood issues associated with
this request.
Boxelder Sanitation District
Advisory Review - #23-95
May 22, 1995 P & Z Meeting
Page 2
COMMENTS:
1. Background•
Lagoon System Expansion, Site Plan
The surrounding zoning and land uses are as follows:
N:
RC;
City of Fort Collins
Sludge Recovery Farm
S:
FA1;
Boxelder Sanitation
District facility in
Larimer
County
E:
RC, FA1;
Boxelder Sanitation
District facility in
the City
and Larimer County
W:
T, FA1;
Undeveloped, Cache La Poudre River
The
portion of
the proposed lagoon
expansion that is in
the City
was
annexed into the City with the Sludge Farm Annexation
in June,
1988.
2. Land Use•
This is a Site Plan Advisory Review for the expansion of the sewage
treatment lagoons for the existing Boxelder Sanitation District
facility located approximately 2,000' west of Interstate 25 and
3,500' east of the East Drake Road and County Road 9 intersection.
The City of Fort Collins Sludge Recovery Farm is directly to the
north of this site. The Cache La Poudre River is to the west and
south of the site.
The District is under contract with the City to purchase 3.5 acres
for the purpose of expanding their lagoon system to the north. With
completion of the purchase the facility would be partially in the
City and partially in the County. The purchase is dependent on
review and approval of a Water Quality Site Application by the
State of Colorado that is presently in the process. The District
presently has three lagoons (ponds) in operation that have reached
80% service capacity for their district users. The District is now
required to bring the capacity level up to meet State and Federal
clean water legislation. The District is proposing to add a fourth
lagoon (pond) adjacent to the existing system.
3. Right of Advisory Review:
A. Section 31-23-310(1), Colorado Revised Statutes
The Boxelder Sanitation District was granted an exemption from
compliance with any local municipality zoning regulations by the
City of Fort Collins Zoning Board of Appeals on May 11, 1995.
ITEM NO. 15
MEETING DATE 5122195
STAFF Steve Olt
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Boxelder Sanitation District Lagoon System
Expansion, Site Plan Advisory Review - W23-95
APPLICANT: Zier Law Offices
Post Office Box 770
Fort Collins, CO. 80522
OWNER: Boxelder Sanitation District
P.O. Box 1518
Fort Collins, CO. 80522
PROJECT DESCRIPTION:
This is a Site Plan Advisory Review for the expansion of the sewage
treatment lagoons located in the northeast corner of Section 28,
Township 7 North, Range 68 West. The site is located approximately
2,000' west of Interstate 25 and 3,500' east of the East Drake Road
and County Road 9 intersection. It is partially in the City and
partially in the County. The portion of the property in the City is
zoned RC - River Corridor.
RECOMMENDATION: Approval with an Advisement
EXECUTIVE SUMMARY:
This is a Site Plan Advisory Review for the expansion of the sewage
treatment lagoons for the existing Boxelder Sanitation District
facility located approximately 2,000' west of Interstate 25 and
3,500' east of the East Drake Road and County Road 9 intersection.
The District is under contract with the City to purchase 3.5 acres
for the purpose of expanding their lagoon system to the north. The
purchase is dependent on review and approval of a Water Quality
Site Application by the State of Colorado that is presently in the
process. The Boxelder Sanitation District was granted an exemption
from compliance with any local municipality zoning regulations by
the City of Fort Collins Zoning Board of Appeals on May 11, 1995.
The Stormwater Utility is requesting that a drainage report be
submitted for review and approval prior to construction of the
proposed expansion of the Boxelder Sanitation District sewage
lagoon system.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT