HomeMy WebLinkAboutSUNSHINE HOUSE AT BUCKING HORSE - MJA190001 - SUBMITTAL DOCUMENTS - ROUND 1 - ALTERNATIVE COMPLIANCE REQUESTUtilities
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700 Wood Street
PO Box 580
Fort Collins, CO 80522
970.221.6700
970.221.6619 fax • V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DRAFT
DATE: 07/19/2018
TO: Planning & Zoning Board, via Gino Campana – Bellisimo Inc.
FROM: Kevin R. Gertig, Utilities Executive Director
RE: Bucking Horse Early Learning Center request for Alternative Compliance Plan
approval re: Land Use Code Section 3.4.2 (B) – Setbacks from Domestic
Wastewater Treatment Works
The applicant for development of the Bucking Horse Early Learning Center has requested an
alternative setback distance from the Drake Water Reclamation Facility as part of their
development plan submittal. The setback distance set in Land Use Code Section 3.4.2 (B) from
domestic wastewater treatment works to habitable structures is 1000 feet. Alternative compliance
to this standard is allowed per Land Use Code Section 3.4.2(C), as shown below:
3.4.2 Air Quality
(C) Alternative Compliance. Upon request by an applicant, the decision maker may approve
an alternative setback distance that may be substituted for a setback distance meeting the
standards of this Section.
(1) Procedure. Alternative compliance setback plans shall be prepared and submitted
in accordance with the submittal requirements for plans as set forth in this Section.
The plan shall clearly identify and discuss the setback modifications proposed and the
ways in which the plan will equally well or better accomplish the purpose of this
Section than would a plan which complies with the standards of this Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must first find
that the proposed alternative plan accomplishes the purposes of this Section equally
well or better than would a plan which complies with the standards of this Section.
In reviewing the proposed alternative plan, the decision maker shall consider any mitigating
factors that exist to counter the potential for odor problems and/or aerosol drift, including,
without limitation, structural, chemical or technological mitigation occurring at the subject
wastewater treatment works, established vegetation barriers and/or walls, berms, or other
DocuSign Envelope ID: 96FEC3CA-8A18-44A6-9B0E-38C2AB12DC9E
7/19/2018
topographic features sufficient to serve as mitigation for odor problems and/or aerosol drift. In
order to assist the decision maker in evaluating the proposed mitigation factors the Utilities
Executive Director shall submit a written recommendation regarding such mitigation factors,
which recommendation shall include the technical analysis and reasoning used in support of
the Utilities Executive Director's recommendation.
The technical analysis and reasoning submitted with the request for an alternative setback
distance has been reviewed by Utilities staff and it is believed that a sound rationale and
sufficient mitigation has been proposed to meet the “Alternative Compliance” standard of Land
Use Code Section 3.4.2(C), provided the applicant agrees to the following in connection with
any approval of the applicant’s land use application by the Planning and Zoning Board:
(1) That the applicant shall acknowledge that the proposed development is located next to
a wastewater treatment works;
(2) That the minimum mitigation required shall include large continuous shrub beds
around the facility building and outside play areas and installation of large evergreen
and deciduous trees to create a vegetative buffer from odor and aerosol drift from the
wastewater treatment facility;
(3) That the applicant shall acknowledge that operation of the wastewater treatment
facility may occasionally result in odors that may be detected by inhabitants of
structures within the buffer;
(4) That the applicant shall acknowledge that future expansion of the wastewater
treatment facility may result in a further reduction of the 1000’ buffer; and
(5) That the applicant, and its successors and assigns, shall inform all future tenants of
the building about these mitigation provisions.
Based on this information, I recommend approval of the applicant’s proposed alternative
compliance plan.
Attached: Bucking Horse ELC Setback Letter
cc: Ted Shepard, Senior Planner
DocuSign Envelope ID: 96FEC3CA-8A18-44A6-9B0E-38C2AB12DC9E