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Fruita Council approves rezoning of 20.3-acre parcel to C2 after public objections

Fruita City Council · May 5, 2026
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Summary

The Fruita City Council adopted Ordinance 2026-06, rezoning about 20.3 acres from Community Services & Recreation to Commercial 2 (C2) by a 6-0 vote after staff and the applicant argued it fits the comprehensive plan; nearby property owners warned the move is premature without market or infrastructure feasibility studies.

The Fruita City Council voted unanimously to adopt Ordinance 2026-06, rezoning roughly 20.3 acres (parcel 2697-184-24-001) from Community Services & Recreation (CSR) to Commercial 2 (C2). The motion passed 6-0; the ordinance becomes effective 30 days after adoption.

City Planner Joey Morris told the council the parcel sits within an area the comprehensive plan designates for “innovation and flexibility,” and that C2 zoning would allow a wider range of uses—live/work spaces, light manufacturing, retail and multi-family housing—that CSR does not permit. Morris said legal notice requirements were met and that the Planning Commission recommended approval.

Gavin Brooke, representing applicant Two Forks Ventures, reviewed a multi-year partnership with the city, saying the work began with a memorandum of understanding and due diligence and that the parties had been coordinating site planning and a development agreement for several years.

Local property owners at the hearing urged caution. Stan Wood, managing member of WinPro LLC, told the council the rezoning was “premature at this time,” arguing that the developer has not completed market studies or quantified infrastructure costs and that the city’s role as a partner warrants additional due diligence. Shelley Dakonish, attorney for WinPro, said the public-private partnership and expedited process create an “uneven playing field” for neighboring owners and urged council to allow other property owners to present competing proposals.

City Attorney Mary Elizabeth Geiger told council members that market feasibility, projected tax revenue and developer financing are not criteria for rezoning decisions. “Rezoning can happen at any time on a property,” she said, explaining that the council’s review should be limited to the city’s zoning criteria—consistency with the comprehensive plan, compatibility with surrounding uses and changes to conditions on the site, among others.

Council members asked about environmental work and site history; staff referred to a Phase I environmental site assessment completed as part of the applicant’s due diligence in 2023 and noted the applicant acknowledged additional soil and water testing and consultation with the Colorado Department of Public Health would be needed to confirm conditions. Council discussion also clarified that a separate, city-owned western portion of the former sewer lagoons will remain CSR for open space and river access while the eastern 20.3-acre private parcel was the subject of the rezoning.

The ordinance was introduced as a second reading and adopted in a public vote. The measure was recorded as passing 6-0 with the council indicating no public opposition in the staff record; staff noted the ordinance will go into effect 30 days after adoption.