City Council denies appeals against apartment construction

Hailey Deaver

The Fort Collins City Council met on Dec. 6 and held a hearing about the appeals of the Planning and Zoning Board’s approval of the Brick Stone Apartments and passed ordinances for the retail marijuana provisions and further expansion on the Timberline Road construction.

Appeals of the P&Z Board’s Approval of Brick Stone Apartments


Two appeals were filed with the Planning and Zoning Board about the approval of the Brick Stone Apartments on the Harmony Project Development Plan.

The first appeal from Amanda Morgan asserts that the Planning and Zoning Board did not properly interpret and apply Land Use Code Section 1.2.2(C). The proposed access that Brick Stone and Harmony Road apartments share will create safety issues for residents of the Harmony Road Apartments.

Harmony Road Apartments is home to residents with physical and neurological disabilities. The construction of Brick Stone Apartments would take away the outdoor space that the residents of Harmony Road Apartments can safely enjoy.

The second appeal from David Agee and David Ramsey asserted that the Planning and Zoning Board did not properly interpret and use Land Use Code Sections 1.2.2 (C), (E), (I), (M) and (N). These sections cover traffic safety, pedestrian safety, environmental impact and storm drainage. The Board also failed to have a fair hearing by considering misleading evidence.

The Council spent a large amount of time on the hearing for the two appeals and council members decided to decline both appeals. The construction will proceed with cooperation from both parties.

Retail Marijuana Provisions

The state has modified its marijuana testing provisions since the city adopted its local ordinance. City Council Staff heard from local businesses that wished to clarify and bring consistency to these regulations. By repealing these sections of the City Code, all testing requirements will conform and be regulated by state law.

The provisions will become effective January 1, 2017. Local businesses will submit a sample of retail marijuana, without notice, to be tested for potency and contaminants. Currently, retail marijuana businesses are required to submit individual samples for local and state potency and contaminants testing. This will eliminate duplication and conflict with state law.

Timberline Road Project

The property is located at the southwest corner of Timberline Road and Prospect Road. Tract B of Community Recycle Center Subdivision, which is owned by the City, as road right-of-way. The property is managed by the Engineering Department.


The Engineering Department’s plans require the road to be widened across the City’s property in order to install the “free right” turn from eastbound Prospect Road to southbound Timberline Road.

The Timberline Road project is currently being constructed on the property and the project budget totals up to $4.5 million.

This Ordinance officially established this portion needed for Timberline Road on the city’s property as public road right-of-way.

Timnath Main Street/CR5 Construction

The mayor, Gary Troxell, executed an Intergovernmental Agreement with the Town of Timnath defining the responsibility for the future construction of Main Street/CR5 adjacent to Serratoga Falls Subdivision.

Collegian reporter Hailey Deaver can be reached at or on Twitter @autumn_hail.