HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - ITEMS RELATED TO THE ESTABLISHMENT OF 1041 REGULAT Agenda Item 22
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AGENDA ITEM SUMMARY September 21, 2021
City Council
STAFF
Kelly Smith, Senior City Planner
Brad Yatabe, Legal
SUBJECT
Items Related to the Establishment of 1041 Regulations.
EXECUTIVE SUMMARY
A. Public Hearing and First Reading of Ordinance No. 122, 2021, Designating Certain Activities as Matters of
State Interest and Imposing a Moratorium on the Conduct of Such Activities Until City Council Makes a
Final Determination Regarding the Adoption of Guidelines for the Administration of Such Activities.
B. First Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support Completion of
the 1041 Regulations Project.
The purpose of this item is to initiate the development of 1041 Regulations by holding a public hearing to
designate activities of statewide interest, and to appropriate funding to support project completion. The
designation ordinance designates the following activities:
1. Site selection and construction of major new domestic water and sewage treatment systems and major
extension of existing domestic water and sewage treatment systems ; and
2. Site selection and construction of arterial highways and interchanges and collector highways.
Specific reference to a moratorium is included in the designation ordinance until Council adopts regulations to
administer the above two activities. Staff is also seeking further Council direction on what additional activities
or areas, if any, should be included in the project. Should the scope expand beyond the two activities
designated, the appropriation will increase in proportion to the expanded scope. Staff would return to Council
later to hold a public hearing for Council to consider designating the additional activities or areas of state
interest and adopting regulations.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
At the May 4, 2021, Council meeting, Councilmembers adopted Resolution 2021 -055, which directed staff to
evaluate whether 1041 regulations would he lp the City achieve its policy goals and to research the feasibility of
adopting 1041 regulations.
The purpose of 1041 powers is to give local governments control over particular development projects
occurring within their jurisdiction even when the proj ect has statewide impacts. The term “1041” refers to the
number of the bill, House Bill 74-1041, that created the 1041 powers in 1974 and the statutes regarding 1041
powers are also referred to as the Areas and Activities of State Interest Act set forth at Colorado Revised
Statutes (“C.R.S.”) Section 24-65.1-101 et seq. To exercise 1041 powers, a local government must identify the
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areas or activities of state interest and adopt guidelines for the administration of the designated areas or
activities pursuant to statutory procedures and limitations.
Staff returned to Council on July 27, 2021, which concluded that adopting 1041 regulations would help achieve
the City’s’ policy goals, particularly for large-scale projects currently regulated under the Site Plan Advisory
Review (SPAR) process. Staff also concluded the process for developing 1041 regulations would require
significant staff time and require an appropriation for consulting services to support project completion.
Two options for developing 1041 regulations were discussed: Option 1 focused on immediate development
pressure (likely to occur within 10 years) and included two activities of state interest; Option 2 focused on
immediate and potential future development pressure (likely to occur within 10-20+ years) and included five
activities of state interest.
While Councilmembers were overwhelmingly supportive of the project and an appropriation, they were split in
their preference for Option 1 and Option 2. Council requested staff return during a regular meeting to present a
third option, and provide opportunity for discussion, public input and a vote. The regular meeting has been
combined with a public hearing that initiates the process for designating the two activities presented in Option
1, as development pressure is imminent under those activities. A second public hearing will be scheduled later
for additional activities or areas should more be added to the project scope.
PUBLIC HEARING and ORDINANCE
The public hearing provides Council with the opportunity to designate the following activities to be of state
interest and to impose a moratorium until December 31, 2022, on conducting of such activities or until Council
adopts regulations for the administration of the designated activities:
• Site selection and construction of major new domestic water and sewage treatment systems and major
extension of existing domestic water and sewage treatment systems.
• Site selection and construction of arterial highways and interchanges and collector highways.
Ordinance No. 122 addresses the following:
• Section 2: Designation as a matter of state interest the site selection and construction of major new
domestic water and sewage treatment systems and major extension of existing domestic water and
sewage treatment systems.
• Section 3: Designation as a matter of state interest the site selection and construction of arterial
highways and interchanges and collector highways.
• Section 4: Imposition of a moratorium on conducting designated activities, with certain exem ptions,
until December 31, 2022, or until Council adopts guidelines for the administration of the designated
activities.
A. Water and sewer system activity subject to the moratorium.
B. Water and sewer system activity exempted from the moratorium.
C. Highway activity subject to the moratorium.
D. Highway activity exempted from the moratorium
E. Additional applications and requests subject to the moratorium.
Definitions relevant to the above two activities and contained in the Colorado Revised Statutes are as follows:
1. “Domestic water and sewage treatment system” means a wastewater treatment facility, water
distribution system, or water treatment facility, as defined in C.R.S. Section 25 -9-102(5), (6), and
(7), and any system of pipes, structures, and facilities through which wastewater is collected for
treatment. (C.R.S. Section 24-65.1-104(5))
2. “Water distribution system” means any combination of pipes, tanks, pumps, or other facilities that
delivers water from a source or treatment facility to the consumer. (C.R.S. Section 25-9-102(6))
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3. “Water treatment facility” means the facility or facilities within the water distribution system that can
alter the physical, chemical, or bacteriological quality of the water. (Section 25-9-102(5), C.R.S.)
4. “Arterial highway” means any limited-access highway which is part of the federal-aid interstate
system or any limited-access highway constructed under the supervision of the department of
transportation. (Section 24-65.1-104(3), C.R.S.)
5. “Collector highway” means a major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial centers and
constructed under guidelines and standards established by, or under the supervision of, the
department of transportation. “Collector highway” does not include a city street or local service
road or a county road designed for local service and constructed under the supervision of local
government. (Section 24-65.1-104(4), C.R.S.)
Procedure for the Designation of Areas and Activities and Adoption of Guidelines
To exercise 1041 powers, the Colorado Revised Statutes require the City to designate the areas and activities
to be regulated and adopt guidelines to administer the designated areas and activities. Once the City holds a
public hearing and designates an area or activity to be of state interest, no person may engage in development
within the designated area or conduct the designated activity until Council has determined and adopted
regulations to administer designated areas and activities. The designation of areas and activities may occur
only after a noticed public hearing where Council must consider, at a minimum:
1. The intensity of current and foreseeable development pressures;
2. The boundaries of any designated area;
3. Why the designated area or activity is of state interest;
4. The dangers from uncontrolled development of the area or conduct of such activity; and
5. The advantages of developing such area or activity in a coordinated manner.
Each consideration is listed below, with a summary that justifies the respective designation.
1. Intensity of Current and Foreseeable Development Pressures
The City is experiencing, and will continue to experience in the foreseeable future, projects that site and
construct, partially or wholly within the City, domestic water and sewage treatment systems and arterial
highways and interchanges and collector highways. Over the past two years, the City has processed two
Site Plan Advisory Review applications that could have qualified for regulatio n under the activities being
considered for designation. The City anticipates more development applications for such activities in the
future.
2. Boundaries of Designated Area
No areas of state interest are being considered for designation at this time, and therefore, no area
boundaries are proposed. Any designated activities would be subject to regulation throughout the City.
3. Why the Designated Activity is of State Interest
1. Site selection and construction of major new domestic water and sewage treatment s ystems and major
extension of existing domestic water and sewage treatment systems .
The Cache la Poudre River is: essential to the lives of more than a half -million people in Northern
Colorado; critical habitat for sensitive species; a designated National Heritage Area; and Colorado’s
only Wild and Scenic River. Given the population projections in Northern Colorado, coupled with the
river being over-appropriated, it is likely that there will be new water and sewage treatment projects, or
expansions of existing projects, that may impact the river’s ecosystem health and resilience.
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2. Site selection and construction of arterial highways, arterial intersections and collector highways.
Northern Colorado’s federal and state highway system continues to expand to meet the region’s
growing population and transportation needs. These corridors provide the framework for local, regional
and interstate travel and are important to our regional economy.
4. The Dangers from Uncontrolled Development of the Conduct of Such Act ivity
1. Site selection and construction of major new domestic water and sewage treatment systems and major
extension of existing domestic water and sewage treatment systems .
Absent of 1041 Regulations, large infrastructure projects such as water supply and sewage treatment
systems, are developed by public entities that are often exempt from local development standards and
authority. Uncontrolled and unregulated construction of new and expansions of water and sewage
treatment systems could adversely affect and conflict with surrounding land uses, residents,
businesses, the natural environment, and City operations and projects.
2. Site selection and construction of arterial highways, arterial intersections and collector highways.
Absent 1041 Regulations, large infrastructure projects such as highway and interchange projects, can
be disruptive to traffic, businesses, wildlife and residents, and result in serious socio -economic
disparities. These projects are currently exempt from local development standards and a uthority where
decisions on location and design can be made without consultation or authority from the City.
Uncontrolled and unregulated construction of arterial highways, arterial highway intersections and
collector highways could adversely affect and conflict with surrounding land uses, businesses,
residents, the natural environment, and City operations and projects.
5. The Advantages of Developing Such Area or Activity in a Coordinated Manner
1. Site selection and construction of major new domestic water and sewage treatment systems and major
extension of existing domestic water and sewage treatment systems .
Planned and coordinated water supply and sewage treatment systems will help ensure a resilient and
sustainable Poudre River corridor, while protecting the City’s public health, safety, welfare, the
environment and wildlife resources, and City operations and projects. Coordination of water and
wastewater treatment system projects will ensure the City achieves its policy goals to encourage
development that reduces impacts on natural ecosystems and promotes sustainability and resilience.
2. Site selection and construction of arterial highways, arterial intersections and collector highways.
Planned and coordinated highway and interchange projects will help protect the City’s public health,
safety, welfare, the environment and wildlife resources, and City operations and projects. Coordination
on the location and construction of new highway and interchange projects will help ensure the City
achieves its policy goals to encourage development that reduces impacts on natural ecosystems and
promotes sustainability and resilience.
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MORATORIUM ON CONDUCTING DESIGNATED ACTIVITIES
If Council decides to designate either or both activities, Section 24 -65.1-404, C.R.S., prohibits any person from
conducting such activity “[af]ter a matter of state interest is designated . . . until the designation and guidelines
for such area or activity are finally determined pursuant to this article.” In other words, a moratorium on such
activity is imposed until Council makes a final determination and adopts regulations for the administration of
the designated activity or activities. In addition to the moratorium on conducting designated activities
authorized by Section 24-65.1-404, C.R.S., the City has the power to impose a moratorium on development
activity pursuant to its home rule powers granted under Article XX of the Colorado Constitution.
To provide sufficient time for staff to research and draft regulations for any activity that Cou ncil designates,
staff recommends not only imposing a moratorium on designated activities, but also placing a moratorium on
other City approvals related to such activities including on the receipt and processing of Site Plan Advisory
Review applications, encroachment and flood plain permits, and requests to acquire City real property or rights
in City property such as easements. The moratorium contains a number of exemptions as described in
Ordinance No. 122.
COUNCIL APPROPRIATION ORDINANCE
Based on development pressures the City is facing now and in the foreseeable future, three options have been
prepared for Council consideration that range in project scope. Inherent in each option is an appropriation for
consulting services to support project completion. The appropriation increases in proportion to the expanded
scope.
Option #1: $50K Needed; 10-12 Months to Complete
This option is the recommended minimum scope for the adoption of 1041 Regulations. Because new
development is imminent under each Activity, staff is initiating the designation of the Activities through a public
hearing required by state statutes.
• Site selection and construction of water and sewage treatment systems
• Site selection and construction of highways and interchanges
Option #2: $70K Needed; 10-12 Months to Complete
The expanded scope includes one additional Activity, “Site selection and construction of major facilities of a
public utility.” Projects under this Activity are regulated through the SPAR process and could result in
significant impacts. While no new development under this Activity is known, this Activity is seen as a higher
risk given its potential impacts and the City’s current lack of authority.
• Site selection and construction of water and sewage treatment systems
• Site selection and construction of highways and interchanges
• Site selection and construction of major facilities of a public utility
Option #3: $80K Needed; 10-12 Months to Complete
Option 3 includes all potential development categories the City could face no w and in the foreseeable future.
The first additional Activity, “Efficient use of water for municipal and industrial projects,” could be applied to
industrial projects with high operational water usage to ensure sustainable practices are employed. While the
City’s local authority and design standards in the Land Use Code would apply, and a project of this scale within
City limits is unlikely, 1041 Regulations could be advantageous to regulate water efficiency should a
development of this type occur.
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The second additional Activity, “Site selection of rapid or mass transit terminal, stations and fixed guideways,”
would apply to the location of mass transit facilities. While local authority and design standards in the City’s
Land Use Code (not SPAR) would apply, 1041 review might be a better tool for a project of significant scale.
1. Site selection and construction of water and sewage treatment systems
2. Site selection and construction of highways and interchanges
3. Site selection and construction of major facilities of a public utility
4. Efficient use of water for municipal and industrial projects
5. Site selection of rapid or mass transit terminals, stations, and fixed guideways
Comparison of Options
Considerations
Option 1 • Addresses immediate development pressure
• State statutes are flexible and allow more activities and areas to be
designated over time
Option 2 • Addresses development with lowest authority but potential for highest
impact
Option 3 • Addresses all immediate and potential development pressure
• Includes project types that are already regulated by development
standards in the Land Use Code (not SPAR)
CITY FINANCIAL IMPACTS
Staff is seeking a mid-cycle appropriation from General Fund reserves to complete the project. Should the
scope expand beyond the activities being designated through this Ordinance, the appropriation will increase in
proportion to the expanded scope.
BOARD / COMMISSION RECOMMENDATION
Staff presented options to boards and commissions prior to the September 21, 2021, public hearing/Council
meeting to solicit initial feedback. (Attachment 1)
PUBLIC OUTREACH
Public outreach will be performed as regulations are being developed.
ATTACHMENTS
1. Powerpoint Presentation (PDF)
1
1041 Regulations & Public Hearing
Kelly Smith
September 21, 2021
ATTACHMENT 1
Purpose of Presentation
1.Public Hearing and First Reading of an Ordinance initially designating
activities of state interest
a.Site selection and construction of water supply and treatment
systems
b.Site selection and construction of highways and interchanges
2.First Reading of an Ordinance appropriating $50,000 to support project
completion
a.If scope increases, appropriation will increase proportionally
2
Public Hearing
1041 Regulations Implementation
1.Hold Public Hearing designating area or activity of state interest.
2.No development can occur until designation and guidelines are adopted
3.Once designation and guidelines are adopted, applications for permits
can be accepted.
3
Public Hearing Considerations
1041 Regulations Implementation
1.The intensity of current and foreseeable development pressures;
2.The boundaries of any designated area;
3.Why the designated area or activity is of state interest;
4.The dangers from uncontrolled development of the area or conduct of such
activity; and
5.The advantages of developing such area or activity in a coordinated manner.
4
New/Expanded
Domestic Water
Municipal/
Industrial Water
Projects
Highways and
Interchanges
New
Communities
Activities of Statewide Interest
5
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources
Nuclear
Detonation
New/Expanded
Domestic Water
New/Expanded
Wa ter/Sewer
Tr eatment
Highways and
Interchanges
New
Communities
Development Intensity
6
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources
Nuclear
Detonation
•NISP
•NEWT 3 Water Pipeline*•Hughes Stadium*
*Potential future projects
•CDOT Port of Entry
•Mulberry/1-25*
Public Hearing Considerations
1041 Regulations Implementation
1.The intensity of current and foreseeable development pressures;
2.The boundaries of any designated area;
3.Why the designated area or activity is of state interest;
4.The dangers from uncontrolled development of the area or conduct of such
activity, and
5.The advantages of developing such area or activity in a coordinated manner.
7
Appropriation
8
CONSULTA NT SCOPE
•Assist w/ Draft
Regulations
•Outside Legal Counsel
•Engagement
CITY DEPT SUPPORT:
•CAO
•Utilities
•SSD
•Tr ansportation
•CDNS
Option 1: $50K
Option 2: $70K
Option 3: $80K
New/Expanded
Domestic Water
New/Expanded
Wa ter/Sewer
Tr eatment
Highways and
Interchanges
New
Communities
Option 1: $50K
9
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources
Nuclear
Detonation
•NISP
•NEWT 3 Water Pipeline*•Hughes Stadium*
*Potential future projects
•CDOT Port of Entry
•Mulberry/1-25*
New/Expanded
Domestic Water
Municipal/
Industrial Water
Projects
Highways and
Interchanges
New
Communities
Option #2: $70K
10
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources
Nuclear
Detonation
New/Expanded
Domestic Water
Municipal/
Industrial Water
Projects
Highways and
Interchanges
New
Communities
Option #3: $80K
11
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources
Nuclear
Detonation
*potential future projects
•Front Range
Passenger Rail*
Considerations
12
Option 1 Option 2 Option 3
•Addresses immediate
development
pressure
•State statutes are
flexible and allow
more activities and
areas to be
designated over time
•Addresses
development with
lowest authority but
potential for highest
impact
•Addresses all potential
development
•Includes projects that
may be regulated by
Land Use Code (not
SPAR)
Board & Commissions
13
Purpose of Presentation
1.Public Hearing and First Reading of an Ordinance initially designating
activities of state interest
a.Site selection and construction of water supply and treatment
systems
b.Site selection and construction of highways and interchanges
2.First Reading of an Ordinance appropriating $50,000 to support project
completion
a.If scope increases, appropriation will increase proportionally
14
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ORDINANCE NO. 122, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING CERTAIN ACTIVITIES AS MATTERS OF STATE INTEREST AND
IMPOSING A MORATORIUM ON THE CONDUCT OF SUCH ACTIVITIES UNTIL CITY
COUNCIL MAKES A FINAL DETERMINATION REGARDING THE ADOPTION OF
GUIDELINES FOR THE ADMINISTRATION OF SUCH ACTIVITIES
WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 24-65.1-101 et seq,
commonly referred to as 1041 statutes or powers, empowers the City to designate areas and
activities to be matters of state interest and to adopt guidelines and regulations for the
administration of designated areas and activities; and
WHEREAS, pursuant to C.R.S. Section 24-65.1-401, the City may designate specified
areas and activities to be of state interest after holding a public hearing and considering the
intensity of current and foreseeable development pressures, specifying the boundaries of any
proposed area, state reasons why the particular area or activity is of state interest, the dangers
that would result from uncontrolled development of any such area or uncontrolled conduct of
such activity, and the advantages of development of such area or conduct of such activity in a
coordinated manner; and
WHEREAS, in compliance with the notice requirement set forth in C.R.S. Section 24-
65.1-404, notice stating the time and place of the public hearing and the place at which
materials relating to the matter to be designated and guidelines may be examined was
published in the Fort Collins Coloradoan on August 15, 2021; and
WHEREAS, such notice stated that City Council would conduct a public hearing on
September 21, 2021, to consider designating the following two activities as set forth in C.R.S.
Section 24-65.1-203,
(1) Site selection and construction of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment
systems; and
(2) Site selection of arterial highways and interchanges and collector highways;
and
WHEREAS, on September 21, 2021, City Council held a publi c hearing as part of its
regular meeting to consider the designation of the two noticed activities as matters of state
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That City Council, in consideration of the information provided for and
at the public hearing, hereby designates the site selection and construction of major new
domestic water and sewage treatment systems and major extension of existing domestic water
and sewage treatment systems, as the term domestic water and sewage treatment system is
defined in Sections C.R.S. Sections 24-65.1-104(5) and 25-9-102, and set forth in Exhibit “A”
attached hereto and incorporated herein, as an activity of state interest with the following
findings:
(1) Such designation is justified by the current and foreseeable development pressures
related to major new domestic water and sewage treatment systems and major
extension of existing domestic water and sewage treatment systems;
(2) Such designation shall apply to major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment
systems located partially or entirely within the boundaries of the City;
(3) This activity is of state interest because the site selection and construction of
domestic water and sewage treatment systems occurs throughout Colorado and can
negatively impact the environment and wildlife resources, and the public health,
safety, and welfare of the communities where they are located. While this activity is
of state interest, it is ideally suited for local regulation in the communities where
such systems are located because of the local understanding of the unique local
conditions and needs;
(4) Uncontrolled development of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment
systems would cause adverse impacts within the City to the public health, safety,
and welfare, the environment and wildlife resources, and the City’s operations and
projects;
(5) The coordinated development and regulation of major new domestic water and
sewage treatment systems and major extension of existing domestic water and
sewage treatment systems would mitigate within the City the negative impacts on
the public health, safety, and welfare, the environment and wildlife resources, and
the City’s operations and projects, that would be caused by uncontrolled
development; and
(6) Such designation is in the best interests of the residents of Fort Collins.
Section 3. That City Council, in consideration of the information provided for and
at the public hearing, hereby designates the site selection of arterial highways and interchanges
and collector highways, as the terms arterial highway and collector highway are respectively
defined in C.R.S. Sections 24-65.1-104(3) and (4), and set forth in Exhibit “A”, as an activity
of state interest with the following findings:
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(1) Such designation is justified by the foreseeable development pressures related to the
site selection of arterial highways and interchanges and collector highways;
(2) Such designation shall apply to the site selection of arterial highways and
interchanges and collector highways located partially or entirely within the
boundaries of the City;
(3) This activity is of state interest because the site selection of arterial highways and
interchanges and collector highways occurs throughout Colorado and can negatively
impact the environment and wildlife resources and the public health, safety, and
welfare of the communities where they are located. While this activity is of state
interest, it is ideally suited for local regulation in the communities where such
highways and interchanges are located because of the local understanding of the
unique local conditions and needs;
(4) Uncontrolled development of the site selection of arterial highways and interchanges
and collector highways would cause significant adverse impacts within the City to
the public health, safety, and welfare, the environment and wildlife resources, and
the City’s operations and projects
(5) The coordinated development and regulation of the site selection of arterial
highways and interchanges and collector highways would mitigate the negative
impacts within the City to the public health, safety, and welfare, the environment or
wildlife resources, and the City’s operations and projects that would be caused by
uncontrolled development; and
(6) Such designation is in the best interests of the residents of Fort Collins.
Section 4. That with regards to the activities designated in Section 2 (“Water and
Sewer System Activity”) and Section 3 (“Highway Activity”) (collectively, the “Activities”),
no person shall conduct the Activities, as further defined below, unless otherwise specified in
this Section 4 until December 31, 2022, or until City Council has finally determined and
adopted guidelines for the administration of the Activities pursuant to C.R.S. Section 24-65.1-
101 et seq. This moratorium (“Moratorium”) on the conduct of the Activities is authorized
pursuant to C.R.S. Section 24-65.1-404(4) and the City’s power to impose a moratorium on
development activity pursuant to its home rule powers granted under Article XX of the
Colorado Constitution. The Moratorium shall go into effect on the effective date of this
Ordinance.
(1) Water and Sewer System Activity subject to the Moratorium shall be projects that:
(i) Meet the term domestic water and sewage treatment system as defined in C.R.S.
Section 24-65.1-104(5), and set forth in Exhibit “A”; and
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(ii) Consist of pipelines designed for transmission of treated or untreated water that
are 12-inch diameter or larger or designed for transmission of sewage that are
15-inch diameter or larger.
The Moratorium shall apply to projects regardless of whether they have completed
or are undergoing Site Plan Advisory Review pursuant to the Land Use Code, if
they meet the criteria set forth in (i) and (ii) above.
(2) The following projects do not qualify as Water and Sewer System Activity subject
to the Moratorium:
(i) Projects to upgrade existing water or sewer facilities that are required
maintenance or otherwise required by federal, state or Larimer County
regulations, including repairing and/or replacing old or outdated equipment, or
installing new equipment, provided the improvements do not expand levels of
service beyond an increase to the next standard incremental pipeline size, and
provided further that the upgrade does not alter the location of the existing facility
beyond the existing easement or right-of-way; and
(ii) Any project that the City Council determines by adopted ordinance after a quasi-
judicial hearing to be unlikely to result in significant adverse impacts within the
City to the public health, safety, and welfare, the environment and wildlife
resources, and the City’s operations and projects.
(3) Highway Activity subject to the Moratorium shall be projects that meet the terms
arterial highway and collector highway as such terms are respectively defined in
C.R.S. Sections 24-65.1-104(3) and (4), and set forth in Exhibit “A”, and
interchanges associated with arterial highways. The Moratorium shall apply to
projects that have completed or are undergoing Site Plan Advisory Review pursuant
to the Land Use Code and which meet the terms arterial highway and collector
highway.
(4) The following projects do not qualify as Highway Activity subject to the
Moratorium:
Any project that the City Council determines by adopted ordinance after a quasi-
judicial hearing to be unlikely to result in significant adverse impacts within the
City to the public health, safety, and welfare, the environment and wildlife
resources, and the City’s operations and projects.
(5) The Moratorium shall also apply to the following to the extent any of the following
are related to a project subject to the Moratorium:
(i) The City’s acceptance and processing of applications for Site Plan Advisory
Review pursuant to the Land Use Code for development that qualifies as one of
the Activities;
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(ii) The acceptance and processing of applications or requests for City permits,
including flood plain and encroachment permits; and
(iii) The acceptance and processing of applications or requests to acquire City real
property or rights therein, including easements.
Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 5th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
EXHIBIT “A”
Colorado Revised Statutes Definitions Relevant to the City Council Designation
of Matters of State Interest
“Domestic water and sewage treatment system” means a wastewater treatment facility, water
distribution system, or water treatment facility, as defined in section 25-9-102(5), (6), and (7),
C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected
for treatment. (Section 24-65.1-104(5), C.R.S.)
“Water distribution system” means any combination of pipes, tanks, pumps, or other facilities that
delivers water from a source or treatment facility to the consumer. (Section 25-9-102(6), C.R.S.)
“Water treatment facility” means the facility or facilities within the water distribution
system that can alter the physical, chemical, or bacteriological quality of the water.
(Section 25-9-102(5), C.R.S.)
“Arterial highway” means any limited-access highway which is part of the federal-aid
interstate system or any limited-access highway constructed under the supervision of the
department of transportation. (Section 24-65.1-104(3), C.R.S.)
“Collector highway” means a major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial centers
and constructed under guidelines and standards established by, or under the supervision
of, the department of transportation. “Collector highway” does not include a city street or
local service road or a county road designed for local service and constructed under the
supervision of local government. (Section 24-65.1-104(4), C.R.S.)
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ORDINANCE NO. 123, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES TO
SUPPORT COMPLETION OF THE 1041 REGULATIONS PROJECT
WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 24-65.1-101 et seq,
commonly referred to as 1041 statutes or powers, empowers the City to designate areas and
activities to be matters of state interest and to adopt guidelines and regulations for the
administration of designated areas and activities; and
WHEREAS, City Council held a public hearing to designate water and sewer system and
highway activities as matters of state interest which requires City staff to research and draft
regulations for City Council adoption; and
[WHEREAS, City Council is considering further designations of other activities and
areas which will require additional City staff research and drafting of regulations for City
Council adoption; and]
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens
of Fort Collins by providing funding for consultants and other resources to assist City staff in
researching and drafting regulations and serves the public purpose of enabling the effective
creation of development requirements and standards pursuant to the City’s 1041 powers for the
benefit of the residents of Fort Collins; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
General Fund and will not cause the total amount appropriated in the General Fund to exceed the
current estimate of actual and anticipated revenues and all other funds to be received in that fund
during this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of [FIFTY THOUSAND DOLLARS ($50,000) / SEVENTY THOUSAND
DOLLARS ($70,000) / EIGHTY THOUSAND DOLLARS ($80,000)] for expenditure from
the General Fund to support completion of the 1041 regulations project.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 5th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk