HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/2021 - ITEMS RELATED TO THE ESTABLISHMENT OF 1041 REGULAT Agenda Item 15
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AGENDA ITEM SUMMARY October 19, 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 Second 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 o f Such Activities.
B. Second Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support Completion of
the 1041 Regulations Project.
These Ordinances, adopted on First Reading on September 21, 2021, by a vote of 5-1 (Nay: Peel), initiate and
appropriate funds for 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 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 until Council adopts regulations to administer the above two activities is
included in the designation ordinance.
STAFF RECOMMENDATION
Staff recommends adopting both ordinances with the recommended changes to the parameters of exemptions
to the moratorium and the addition of a quasi-judicial exemption process (Option 1 below).
Council may wish to consider three options provided in this AIS that provide variations in timing of approving
the designation and moratorium ordinance.
BACKGROUND / DISCUSSION
At the May 4, 2021, Council meeting, Councilmembers requested staff present information related to 1041
regulations. During the meeting, Councilmembers adopted Resolution 2021-055, which directed staff to
evaluate the feasibility for adopting 1041 regulations.
At the July 27, 2021, work session, staff returned to Council and presented two options for developing 1041
regulations: Option 1 focused on immediate development pressure (likely to occur within 1 0 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. Staff also requested
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a mid-cycle appropriation to assist with project completion. While Councilmembers were generally supportive
of the project and an appropriation, they were split between Option 1 and Option 2. Council requested staff
return during a regular meeting to present a third option , present a proposal to designate activities of state
interest, and provide opportunity for discussion, public input and a vote.
On September 21, 2021, staff presented a third option along with two ordinances for consideration. The first
ordinance initially designates the activities listed in Option 1 through a formal public hearing process; the
second ordinance approves a mid-cycle appropriation to support project completion. Councilmembers selected
Option 1 and adopted both ordinances with the condition that staff:
1. Clarify parameters of exemptions to the moratorium.
2. Perform additional engagement with water and sanitation districts to identify specific projects that could be
impacted by the moratorium.
3. Further develop the procedural requirements and review criteria for the quasi-judicial hearing that exempts
projects from the moratorium.
The following describes what staff learned during this process and the changes made to the designation
ordinance.
MORATORIUM INTENT AND OPTIONS
Staff acknowledges councilmembers have varying perspectives on imposing a moratorium as part of
developing regulations. To provide additional clarity on risks and impacts to development, three project
approaches with different moratorium timelines have been prepared for Council discussion. When considering
the options, it is important to keep in mind:
• A moratorium is imposed pursuant to the Colorado Revised Statutes at the time the City designates
activities or areas of statewide interest until regulations for administering the designated activities or areas
are adopted by Council.
• The City, after conducting a public hearing, can designate activities or areas any time during City staff’s
work to draft regulations. A moratorium on the activities or areas would be imposed from th e designation
until Council adopts regulations.
1. Option 1: Designate Now. Councilmembers would adopt the designation ordinance at Second Reading.
The moratorium would take effect immediately and be lifted once regulations are adopted. The duration of
the moratorium would last approximately 1 year.
2. Option 2: Designate at Draft. Councilmembers would postpone adopting the designation ordinance to
June 7, 2022. Staff would begin performing broad engagement and drafting regulations. Meanwhile, City -
issued permits and easements on City-owned properties would be issued, and project applications
processed through SPAR. Once a draft is completed, staff would return to Council in early May, 2022 to
facilitate a work session discussion. At that time, Council wou ld discuss whether a designation ordinance
would be supported. If supported, Council would adopt the designation ordinance on June 7, 2022, and the
moratorium would last approximately 6 months.
3. Option 3: Designate at Adoption: No Moratorium. Councilmembers would postpone the designation
ordinance indefinitely. Staff would perform broad engagement and begin developing regulations. At the
time of adopting regulations, Council would designate the activities of state interest. This would not require
a moratorium.
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OPTION CONSIDERATIONS
Option 1: Designate Now • Longest Moratorium
• Highest certainty to City until regulations are adopted
• Lowest certainty to developers, water providers and
regional jurisdictions
• Uncertainty could bring potential delays to planned
projects at a regional scale
• Consistent with First Reading
Option 2: Designate at Draft • Known regulatory framework for increased certainty
• Opportunity to further engage service providers,
community, boards/commissions, etc.
• Cuts moratorium duration in half
• Allows projects to move forward with permitting,
easements and SPAR process for 6 months
Option 3: Designate at Adoption: No
Moratorium
• Lowest certainty to City until regulations are adopted
• Highest certainty to developers, water providers and
regional jurisdictions
• Allows projects to move forward with permitting and SPAR
process until regulations are adopted
MORATORIUM APPLICABILITY AND RECOMMENDED CHANGES
If Councilmembers adopt the designation ordinance at Second Reading, the moratorium wo uld take effect
immediately and conclude at the time regulations are adopted. The moratorium is designed to apply to projects
that would be likely regulated through 1041 regulations, as outlined in the Executive Summary above. To
provide greater clarity and alignment with the intent of 1041 regulations, the proposed moratorium includes
specific design parameters that restrict the moratorium to projects that would likely warrant 1041 review.
The design parameters used to distinguish projects subject to th e moratorium are intended to serve as a proxy
for a project’s potential to result in significant adverse impacts. Two design parameters were initially explored
and are used in other jurisdictions’ 1041 regulations: 1) pipe size and 2) easement width.
The parameter currently referenced in the designation ordinance is pipe size and was selected based on
design standards the City uses for transmission lines. Upon additional engagement with providers and review
of several proposed projects, pipe size proved to be a less reliable indicator of potential impacts. Pipe sizes
varied based on service provider and planned development density whereas easement width proved to be
more consistent. Additionally, easement width accounts for the spatial needs required for continued operations
and maintenance, a clearer indicator of potential temporary and permanent impacts.
Staff recommends Council change the design parameters from pipe size to easement width in the designation
ordinance. The table below outlines the specific recommended changes. This change would require an
amendment to Ordinance No. 122 at the time of adoption on Second Reading.
Eliminated Parameters in First Reading
New Parameters Staff Recommends Council Consider
at Second Reading
Water Projects: Pipe size greater than 12” Water and sanitation projects requiring greater than 30-
foot easement width
Sewer Projects: Pipe size greater than 15” Water and sanitation projects requiring easements greater
than 20 feet that are adjacent to existing easements
Unchanged Parameters
Projects subject to SPAR process
New or major realignments of highways and interchanges
Does not provide direct service to a proposed development
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Does not include activities related to maintaining, repairing and/or replacing equipment provided it does
not alter the location of the existing facility beyond the existing easement or right -of-way
EXEMPTION PROCESS AND REVIEW CRITERIA
The designation ordinance contains specific design parameters to clarify the applicabilit y of the moratorium, as
summarized above. In addition, the proposed moratorium ordinance includes a procedure where an applicant
can apply to Council for an exemption from the moratorium through a quasi -judicial hearing. If an exemption is
denied, the project would be subject to the moratorium. Likewise, if an exemption is approved the project
would proceed through the Site Plan Advisory Review (SPAR) process.
The intent of the quasi-judicial hearing is to provide an expedited decision to exempt projects s ubject to the
moratorium. An exemption does not guarantee project approval by the Planning and Zoning Commission,
rather it provides a path forward.
Review Process
The quasi-judicial hearing process starts with the submittal of a Conceptual Review appli cation, which is
required for nearly all development projects, including projects subject to SPAR. Conceptual Review
application requirements are minimal and intended to convey project intent. After an application is submitted,
the applicant will meet with various City departments to understand City submittal requirements for a more
detailed project application for the quasi-judicial hearing.
The application requirements for the quasi-judicial hearing may be less intensive than the SPAR application
yet provide enough information for staff to make a recommendation to Council. This way applicants will not
invest significant time and resources into a process that will not guarantee an exemption. Once a complete
application for exemption is submitted, the applicant will meet with staff to review the hearing procedures and
address potential concerns. The City Clerk is required to schedule the project for Council no later than 60 days
from receiving the application to ensure a timely decision, however, Council ma y extend the 60-day period by
motion or resolution if needed.
Should a project be exempted, it can proceed through the SPAR process. The applicant will be required to
hold a neighborhood meeting, submit a complete SPAR application, and present to the Planning and Zoning
Commission for review and approval. Note, SPAR is advisory in scope therefore the Planning and Zoning
Commission’s decision can be overturned by the applicant’s governing board by a 2/3 majority vote.
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Exemption Review Criteria
The criteria Council will use to evaluate projects for exemption are consistent with the Modification of
Standards in the Land Use Code for development projects, and structured around two themes:
1. The potential for the project to result in significant adverse impacts that would otherwise be mitigated
through a binding review process; or
2. The project meaningfully addresses an important community need and delaying the project until the
moratorium is terminated would result in substantial hardship to the community.
In other words, the review criteria will provide Council discretion to weigh the impacts against the benefits of a
particular project.
ENGAGEMENT: PROJECT IMPACTS
To understand which specific projects would be impacted by the moratorium and to provide additional clarity,
staff engaged water districts, sanitation districts, Colorado Department of Transportation (CDOT), City Utilities,
Poudre Fire Authority, developers, Colorado State University and Poudre School District. During this
engagement, staff was able to clarify many projects that would not be impacted by the moratorium and can
proceed on schedule without delay.
Through these discussions, there were two projects identified that potentially could be impacted by the
moratorium: Northern Integrated Supply Project (NISP); and North Weld County (NWCWD) and East Larimer
County (ELCO) Water Districts Water Transmission Pipeline (NEWT 3 Pipeline). Both projects are tentatively
planned for construction sometime in 2023 however they are awaiting easement dedications, approvals and
permits from multiple private landowners, jurisdictions, and agencies.
Because NISP and NEWT 3 are not shovel-ready, it is unclear the tangible impacts a moratorium could
impose. What has become clear is the uncertainty felt among developers and water providers about the
unknowns related to the regulations, such as application requirements and timeline to review and approve
projects. For ELCO and NWCWD, NEWT 3 will provide the transmission capacity for water demand to fut ure
development within the districts. Without assurances that NEWT 3 can be approved, water providers are
hesitant to refine construction documents, secure easements and construct smaller infrastructure projects until
regulations are adopted.
It should be noted that in March 2021, Larimer County imposed a 9-month moratorium on all 1041 permit
applications while the county updates its regulations. County regulations are slated for adoption by December
2021. NEWT 3 is subject to the county’s moratorium and 1041 review process. The moratorium and updates
so far have not impacted private development, the construction of smaller water projects or new taps from
being issued by ELCO or NWCWD. It is unclear if or how the county’s updated regulations will impact th e
NEWT 3 pipeline project in terms of submittal requirements and review timeline.
Below is a table that illustrates the outstanding external factors for NISP and NEWT 3 that could influence
project schedules (Unknown Variables) and the ways the moratorium would impact projects (Known
Variables). The table also highlights when each agency was consulted to provide transparency to the
engagement process.
.
ENTITY DATES
ENGAGED
IMPACTED
PROJECTS
UNKNOWN VARIABLES KNOWN VARIABLES
Northern
Water
Ongoing w/
multiple staff
Northern
Integrated
Supply Project
(NISP)
• 3 mi pipeline
and diversion
structure
• Unknown construction
timing and sequencing
• Still waiting for ROD from
Corps
• Not started securing
easements in FTC
• Not started securing
• Goal: break ground 2023
• 10 months to construct FTC
infrastructure
• Can begin securing
easements on private
property
• Moratorium would prevent
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ENTITY DATES
ENGAGED
IMPACTED
PROJECTS
UNKNOWN VARIABLES KNOWN VARIABLES
• 60’ easement
• 32”-36” dia pipe
Crosses several
City-owned
Natural Areas
easements on City-owned
land
securing easements on City-
owned land
• Moratorium would prevent
City issued permits
• Obtained 1041 Permit from
Larimer County
ELCO/
NWWD
July 9
Sept 20
Oct 4
Oct 11
NEWT 3 Pipeline
• 2 mi pipeline
• 50’ easement
• 42” dia pipe
• Does NOT
cross City-owned
properties
• Still planning and designing
• Impacts of Larimer County
1041 regs (in drafting)
• Need Weld County approval
• Need Larimer County 1041
permit
• Need easements
• Need approvals from SHPO
• Need approvals from the
Corps
• New City regulations may
impact design
• Uncertainty for development
and bond repayment
schedules
• Goal: break ground 2023
• 10 months to construct
• Uncertainty for water
providers
• Impacts approval
sequencing
• Can work with the Corps on
potential wetlands impacts
(Boxelder Creek)
• Can secure easements on
private property
• Can develop detailed
construction drawings
• Moratorium would prevent
City-issued permits
FCLWD July 9
Oct 1
Oct 5
Oct 6
None
FTC
Utilities
Ongoing None
Boxelder
Sanitation
July 9
Oct 4
Oct 11
None
Cherry Hills
Sanitation
July 9
Oct 4
None
Soldier
Canyon
Sanitation
Oct 4 None
CDOT July 7
Oct 4
None
PFA Oct 1
Oct 4
None
Other
Project
Impacts
Regional projects • Uncertainty among water
providers may hold up
development projects in
other jurisdictions
• North Weld Water District
placed a hold on taps for new
construction until more is
known in FTC
PROJECT TIMELINE
Staff anticipates the development of 1041 regulations to require robust engagement and should take
approximately one year to complete. During initial engagement with water and sanitation districts,
representatives indicated the need for ample time (1-2 months) for District Boards to review and comment on
draft regulations. This request is reflected in the proposed timeline. (Attachment 2)
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.
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BOARD / COMMISSION RECOMMENDATION
Several Boards and Commissions were engaged prior to the September 21 public hearing. The table below
captures high level comments expressed by Boards and Commissions.
BOARD/ COMMISSION OPTION 1 OPTION 2 OPTION 3 COMMENTS/ CONCERNS
Planning and Zoning Commission X
Water Commission No consensus at the moment;
unfamiliar with 1041 Regulations
LCSB X
NRAB X
PUBLIC OUTREACH
Additional public outreach will be performed as regulations are being developed.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 21, 2021 (w/o attachments) (PDF)
2. Project Timeline (PDF)
3. Letters to Council (PDF)
4. Work Session Summary (PDF)
5. Water Commission Minutes (PDF)
6. Natural Resources Advisory Board Minutes (PDF)
7. Powerpoint Presentation (PDF)
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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 help 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 project 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 areas or activities
ATTACHMENT 1
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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 exemptions, 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 regulation 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 systems 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 Activity
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 authority 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.
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.
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To provide sufficient time for staff to research and draft regulations for any activity that Council 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 now 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.
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
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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)
Project Timeline3Public UtilitiesSolid Waste DisposalMass TransitAirportsOCTNOVDECJANFEBMARAPRMAYJUNJULYAUGSEPTOCTNOVDECHEARING/FUNDING APPROP/CONTRACTINGCODE DEVELOPMENTENGAGEMENTDRAFT CODECOUNCIL WORK SESSIONCODE ADOPTIONIMPLEMENTATIONATTACHMENT 2
3 S. Timber Ridge Parkway • P.O. Box 339 • Severance, Colorado 80546 • Phone 970.686.1218 • Fax 970.686.6250
Mayor Jeni Arndt
City of Fort Collins
City Hall West
300 Laporte Avenue
Fort Collins, Colorado 80521
jarndt@fcgov.com
October 8, 2021
Re: City of Fort Collins Consideration of Ordinance No. 122, 2021 – Designation of Areas and
Activities of State Interest Regulations
Dear Mayor Arndt,
This letter is to supplement the memorandum provided to you and City Council by East Larimer County Water
District and North Weld County Water District (Districts) regarding Council’s current consideration of the
proposed Ordinance No. 122 (1041 Regulations – AASI). Along with the Districts, we are discouraged with
the Council and City staff regarding a lack of public engagement and understanding of 1041 Regulations and
their impacts in advance of the initial September 21, 2021, ordinance hearing. Furthermore, we are concerned
and would like to communicate to the City that adopting 1041 Regulations, as currently drafted, will have
significant direct and indirect economic impacts within the City of Fort Collins and the surrounding
communities. With this letter, we specifically request Council:
1.Delay the second reading on proposed Ordinance No. 122, 2021 and the Moratorium being
considered.
2. Allow applicable stakeholders to participate in the 1041 regulation adoption process.
3.Allow Phase 3 of the NEWT Pipeline Project to proceed under the current SPAR approval process as
an approval delay will:
a.Have significant impacts to our municipal operations in both the near-term and in the future.
b.Indirectly limit the ability of local communities to support the vibrancy of Northern Colorado
including the City of Fort Collins.
Respectfully,
Nicholas J. Wharton, MPA, ICMA-CM
Town Manager
Town of Severance
nwharton@townofseverance.org
970-686-1218
Copy: Council Members: Susan Gutowsky (District 1), Julie Pignataro (District 2), Tricia Canonico (District
3), Shirley Peel (District 4), Kelly Ohlson (District 5), Emily Francis (District 6)
ATTACHMENT 3
Page 1 of 5
MEMO - URGENT
TO: City Council, City of Fort Collins
FROM: Mr. Mike Scheid, District Manager, East Larimer County Water District
Mr. Eric Reckentine, District Manager, North Weld County Water District
DATE: October 6, 2021
RE: City of Fort Collins Consideration of Ordinance No. 122, 2021 – Designation of Areas and
Activities of State Interest Regulations – NEWT Pipeline Project
This supplemental memorandum is submitted to provide clarification and fill data gaps associated with the
discussions on the NEWT 3 Pipeline Project that took place at the City of Fort Collins City Council meeting on
September 21, 2021. Both the East Larimer County Water District (ELCO) and the North Weld County Water
District (North Weld) are disappointed and concerned that additional and more accurate NEWT 3 Pipeline Project
information was not solicited from ELCO or North Weld and provided to members of City Council at the first
reading of the proposed Ordinance No. 122, 2021. The paragraphs below provide salient information that the
Districts believe is critical for City Council to review and understand prior to the second reading scheduled for
October 19, 2021.
1 PROJECT HISTORY
Over the last 16 years, ELCO and North Weld have worked collaboratively to evaluate, plan, permit, design, and
construct the jointly owned NEWT Pipeline Project. The acronym NEWT refers to this multi-year, multi-phase
North Weld County and East Larimer County Water Districts Water Transmission Pipeline Project (Project).
For over 55 years, the Districts have relied on several 24-inch pipelines to convey water from storage and
treatment at Horsetooth Reservoir through Fort Collins to serve their respective customers. In the early 2000s,
the Districts began discussions on how best to prepare for the future delivery of water considering their aging
waterlines and the need to meet the growing population of their customer bases. Out of these discussions came
the concept of collaboratively building a single shared pipeline rather than two separate pipelines as had been
done in the past. While the Districts had historically relied on separate transmission lines to convey treated water
through Fort Collins, the shared pipeline concept was favored to reduce impacts to and through the transmission
route and to share resources (financial and personnel) between the Districts. The following activities reflect the
joint efforts between the Districts associated with the first two phases (NEWT 1 and 2) of this 3-phase project.
NEWT PHASE 1 and 2 TIME LINE
Task Completion
Project Hydraulic and Pipe Sizing Evaluations 2004
NEWT 1 – Routing Study 2006
NEWT 1 – Larimer County Location and Extent Permit 2006
NEWT 1 – Fort Collins Location, Character, and Extent Permit 2006
NEWT 1 – Permitting / Design 2009
NEWT 1 – Construction 2010
NEWT 2 – Routing Study 2007
NEWT 2 – Larimer County Location and Extent Permit 2008
NEWT 2 – Permitting / Design 2014
NEWT 2 – Construction 2016
MEMO October 6, 2021
Fort Collins Adoption of 1041/AASI Regulations NEWT Pipeline Project
Page 2 of 5
With the completion of Phases 1 and 2, the Districts were able to increase conveyance capacity between the
jointly owned and operated Soldier Canyon Filter Plant (SCFP) and their Summit View Pump Station (SVPS) located
along North Timberline Road. Completion of Phases 1 and 2 also provided much needed operational flexibility
and redundancy. After the completion of Phases 1 and 2, the Districts continued to closely monitor their west to
east transmission capacity needs to meet growing water demands east of Timberline Road. In 2018, the Districts
initiated the process of planning, designing, permitting, and constructing the third and final phase of the Project
as the first and second phases demonstrated that the Project would take significant time. The following efforts
and events have taken place over the last 2 and ½ years and are leading to the anticipated conclusion of the City’s
Site Plan Advisory Review (SPAR) process by the end of 2021.
NEWT PHASE 3 TIME LINE
Task Completion
Natural and Cultural Resources Assessment
08/20/2018
Routing Study 07/24/2019
Fort Collins Conceptual Review Application 12/13/2019
Fort Collins Conceptual Review Meeting 01/16/2020
Fort Collins Site Plan Advisory Review (SPAR) Checklists / Guidance provided by City 01/17/2020
Draft SPAR Report Developed by engineering consultants 02/02/2020
SPAR Application + Report Submittal Coordination Meeting w/ Fort Collins 02/12/2020
Site Meeting with Fort Collins Forestry Department 02/12/2020
COVID-19 Pandemic / Internal District Coordination – Project Hold
District Request for SPAR Re-engagement 5/17/2021
SPAR Re-engagement Meeting with City Staff (Virtual) 5/27/2021
District Property Owner Coordination Prior to SPAR Open House 8/20/2021
SPAR Open House Preparation Meeting with City staff (Virtual) 8/23/2021
Fort Collins Hearings Notification of Adoption of HB-1041 Regulations 9/08/2021
SPAR Community Open House 9/30/20211
Complete Ecological Characterization Study (ECS) 11/1/2021
Complete Planning Submittal Drawings / Figures 11/8/2021
Submittal Appointment - Final SPAR Application + Report Submittal 11/15/20212
Planning and Zoning Commission Meeting (3rd Thursday of December) 12/16/2021
2 PROJECT OVERVIEW AND NEED
As shown in Figure 1-1 below, the Districts currently rely on several transmission pipelines to meet customer water
demands. ELCO heavily relies on the completed first and second phases of the NEWT Pipeline (red/blue), an
additional 24-inch pipeline (also shared with North Weld) located generally along Mountain Vista Drive that was
constructed in 1993 (gray), the use of the SVPS, and an existing 24-inch pipeline constructed in 1978 between the
SCFP and North Timberline Road (green). The existing 24-inch transmission line generally operates parallel to the
currently constructed and shared NEWT Pipeline and provides transmission capacity to the center of ELCO’s
distribution system.
1 Tentative Open-House Schedule discussed with City Staff on 8/23 prior to 1041 Adoption Notification being delivered on 9/8
2 Tentative SPAR Application and Report Delivery to follow 9/30 SPAR Community Open House
MEMO October 6, 2021
Fort Collins Adoption of 1041/AASI Regulations NEWT Pipeline Project
Page 3 of 5
Like ELCO, North Weld relies on the first and second phases of the NEWT Pipeline described above, as well the
shared 24-inch pipeline located along Mountain Vista Drive and the SVPS. North Weld refers to these transmission
pipelines and the SVPS as its North System which is used to convey water from the SCFP to North Weld’s
distribution system. In addition, North Weld operates a South System which is comprised of an existing 24-inch
transmission line that conveys flow from the SCFP to the North Weld’s distribution system and includes Pump
Station 1 (PS1) located on Mulberry Street (S.H. 14) east of Interstate 25 (orange). The installation of the existing
24-inch transmission line was completed in 1963. PS1 was originally constructed in 1984.
Prior to the initiation of NEWT Phases 1 and 2, the Districts identified the future need for Phase 3 to provide
additional capacity above that provided by the NEWT Phases 1 and 2, the shared 24-inch Mountain Vista Pipeline,
and their independently owned and operated 24-inch transmission lines. Over the last several years, demands in
both Districts have steadily increased and during recent summer demand seasons, the Districts have identified an
upcoming need for increased transmission line capacity in order to continue to meet the water supply
requirement of their current and new customers. One area both Districts are aware of where water demands are
projected to significantly increase is along the Interstate 25 corridor and Phase 3 of the NEWT Pipeline will be
critical to support this projected increase in demands.
In addition to the need to increase transmission capacity, the Districts need to add redundancy to their respective
transmission systems. Given the age of the existing pipelines, the completion of the NEWT Pipeline Project is
critical to allowing the Districts to properly manage the risks associated with their continued operation and
provide redundancy for future replacement/rehabilitation of those older lines.
MEMO October 6, 2021
Fort Collins Adoption of 1041/AASI Regulations NEWT Pipeline Project
Page 4 of 5
3 CONSEQUENCES OF ADOPTION OF ORDINANCE NO. 122, 2021 AND MORATORIUM
ELCO Impacts
In the event the City adopts proposed Ordinance No. 122, 2021 and enacts the associated moratorium on pipelines
designed for transmission of treated water (like NEWT), planned development in Northeast Fort Collins will be
impacted is as follows:
1. ELCO’s master planning and hydraulic modeling efforts are based, for the most part, on development
subject to the City’s land use planning for development within the City’s GMA. ELCO’s modeling indicates
the need for additional treated water transmission line capacity in Northeast Fort Collins. As discussed
above, the NEWT Phase 3 treated water transmission line is the third and final phase of a project ELCO
has been designing and constructing over the past 16 years that conveys treated water from the Soldier
Canyon Water Treatment Plant to Northeast Fort Collins and other parts of Larimer County. Because ELCO
has been working on NEWT Phase 3 for several years, the District believes it could be approved under
current City processes (SPAR) this year and proceed to construction in 2023. A Moratorium on the current
approval process will substantially limit the availability of necessary transmission line capacity necessary
for ELCO to deliver sufficient treated water to planned development within Northeast Fort Collins.
Subjecting NEWT 3 to a lengthy 1041 approval process after the Moratorium will delay ELCO’s ability to
serve currently planned development within Northeast Fort Collins.
2. The primary beneficiaries of ELCO’s treated water service using Phase 3 of the NEWT Pipeline will be
developments located along and adjacent to the I-25 Corridor, many of which have been approved by the
City. Among the potentially effected developments are Montava, Bloom, and several development
projects being planned at the I-25 and Prospect interchange. Each of these developments is depicted on
the Figure attached to the District’s September 21, 2021 initial comment submittal.
3. Delays or the introduction of high degrees of uncertainty that would result from the adoption of City of
Fort Collins Ordinance No. 122 and the Moratorium, will impact the availability of treated water
transmission line capacity which will directly affect and likely prohibit the development of current and
future residential and commercial projects in Northeast Fort Collins, including but not limited to those
depicted on the Figure attached to the District’s September 21, 2021 initial comment submittal.
North Weld Impacts
North Weld is responsible for the distribution of treated water for domestic, commercial and industrial uses to
customers in its 325 square mile service area within Larimer and Weld Counties. In addition to serving customers
within unincorporated portions of Weld and Larimer Counties, North Weld provides water service to the towns of
Gill, Galeton, and Lucerne through individual water meters. Additionally, pursuant to various water service
contracts, North Weld also is the sole provider of water through master meters to the towns of Ault, Eaton, Nunn,
Pierce, Severance, and provides most of the potable water supply to the town of Windsor. North Weld also
provides bulk water service to the Northern Colorado Water Association, a nonprofit association serving individual
customers around Wellington and developments within the Town of Timnath. These communities are bedroom
communities surrounding the City of Fort Collins. Residents of these communities come to Fort Collins for much
of their commercial and recreational needs. The effects of adoption of proposed Ordinance No. 122, 2021 and
enactment of the associated moratorium will impact North Weld as follows:
1. North Weld’s master planning and hydraulic modeling efforts are based, for the most part, on
development subject to local municipal land use planning in North Weld’s service area. North Weld’s
hydraulic modeling, master planning, and capital improvement planning indicate the need for additional
MEMO October 6, 2021
Fort Collins Adoption of 1041/AASI Regulations NEWT Pipeline Project
Page 5 of 5
treated water transmission line capacity. As a project partner with ELCO, North Weld has also been
engaged in planning, designing and constructing the NEWT Pipeline Project, including Phase 3, over the
past 16 years to convey treated water from the Soldier Canyon Water Treatment Plant to parts of
Larimer and Weld Counties, a significant number of municipal systems, and future development. As
described above, North Weld has been working on Phase 3 of the Pipeline Project for years, and also
believes it could be approved under current City processes this year and proceed to construction in
2023. A Moratorium on the City’s current approval process (SPAR) will substantially impact North
Weld’s ability to deliver sufficient treated water to planned development in Larimer and Weld Counties,
it’s municipal customers, and particularly to planned development in and around the numerous
bedroom communities surrounding Fort Collins. Subjecting NEWT 3 to a lengthy 1041 process after the
Moratorium will delay North Weld’s ability to service these planned developments around Fort Collins.
2. Delays or the introduction of high degrees of uncertainty as a result of the adoption of City of Fort
Collins Ordinance No. 122 and the Moratorium will impact the availability of treated water transmission
line capacity which will directly affect and likely prohibit the development of current and future
residential and commercial projects as described above.
4 DISTRICTS’ REQUESTS
The Districts respectfully request that the City staff and City Council carefully consider the current circumstances
that are driving the City to evaluate the adoption of 1041 regulations and the Moratorium. Over the last two
weeks, the Districts have quickly begun to evaluate additional impacts to other water transmission and
distribution line projects that are in the Districts’ respective planning queues. However, given the abrupt timing
of this proceeding, the analysis of additional impacts is not complete. Based on the significant identifiable impacts
with approval of 1041 regulations and the Moratorium, the Districts respectfully requests that the City Council:
1. Delay the second reading on proposed Ordinance No. 122, 2021 and the Moratorium. The City has not
engaged stakeholders (including ELCO and North Weld) in a meaningful way whose planned facilities
would be impacted by being designated as Areas and Activities of State Interest under 1041 regulations.
Should the City County delay the second reading, ELCO and North Weld are committed to working in a
collaborative manner with the City to craft appropriate regulations. However, engaging stakeholders after
imposing the Moratorium will be counter-productive and result in serious unintended consequences.
2. Alternatively, if the second reading can not be delayed, allow the Districts to be participatory in the
adoption process. The Districts believe City Council and staff should engage stakeholders in a more
proactive manner including but not limited to participation in City Council work sessions. Should the City
only rely on limited public statements and the submittal of written comments, meaningful discussion and
education on this issue will not take place. This will lead to serious and unintended consequences.
3. If possible, direct staff to work with stakeholders on draft regulations without designating specific
activities. Not designating specific activities would eliminate the need for a Moratorium and would
provide for beneficial stakeholder engagement that will result in well-crafted and useful regulations.
4. Allow Phase 3 of the NEWT Pipeline Project to proceed under SPAR. The Districts have worked with the
City planning staff for nearly 2 years on this Project under SPAR and are well into the process as described
in Section 1. Furthermore, Phase 1 of the project was successfully completed using the previous
Character, Location, and Extent process. Based on past work and currently completed efforts, along with
the specifics associated with the NEWT Pipeline Project, the District believe there is no need to deviate
from SPAR for this final phase of the Project.
To: Mayor Jeni Arndt Date: 10/13/2021 1. You received the attached correspondence from: Jesse Eastman, FC Nursery. 2. If no staff follow-up is requested, you do not need to take any additional action ________. 3. If staff follow-up is requested, please indicate your preference(s) below: File the correspondence as a SAR. Place a copy in the next “Thursday packet / /2021” Other: . Please return the correspondence and this completed form to Sarah Kane. Thank you.
Tracking#: 2021-96
Planning, Development & Transportation
Community Development & Neighborhood Services
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2350
970.224.6134 FAX
www.fcgov.com
MEMORANDUM
Date: July 28, 2021
To: Mayor and Councilmembers
Thru: Darin Atteberry, City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Planning, Transportation and Development Director
Paul Sizemore, Community Development and Neighborhood Services Director
From: Kelly Smith, Senior Environmental Planner
Re: July 27, 2021 Work Session Summary: 1041 Regulations
On July 27, 2021, Mayor Arndt, and Councilmembers Peel, Pignataro, Ohlson, Canonico, Gutowsky, and Gorgol
participated. Staff members included Kelly Smith and Paul Sizemore.
Staff presented a thorough overview on the current code, the outreach and research performed to date,
options for developing 1041 Regulations, and a request for a mid-cycle appropriation to support the project.
Discussion:
x Councilmembers emphasized the importance of balancing efficient processes with effective
environmental review
x A desire was expressed to develop the regulations once and to attempt to do it correctly the first
time
x Some concern was expressed about adding delay to public projects, and duplication of review,
alongside a desire to improve project outcomes with these regulations
x Councilmembers discussed the fact that these regulations would have specific thresholds and would
not likely be applied frequently
x Councilmembers expressed a desire to have all available tools in the City's toolbox for environmental
regulation
x There was some support for a comprehensive process, and there was also some support for looking
at opportunities to advance elements of the proposal that are less complicated or controversial
x There was considerable support for a mid cycle appropriation and staff was asked to verify if a
greater amount of money would be beneficial
x Councilmembers expressed a desire to make this a Fort Collins specific regulation and to focus on
major projects
Next Steps:
x Staff agreed to return with an appropriation and proposal to designate activities of interest, and will
present both options for Council as well as any additional hybrid options to be chosen from at the
hearing
x Item is scheduled for first reading on September 21, 2021.
ATTACHMENT 4
DRAFT MINUTES WATER COMMISSION
REGULAR MEETING
September 16, 2021, 5:30-7:30 p.m.
Hybrid in person at 222 LaPorte Ave and online via Zoom
09/16/2021 – DRAFT MINUTES Page 1
1.CALL TO ORDER
5:30 p.m.
2.ROLL CALL
•Commissioners Present: Kent Bruxvoort (Chairperson), Michael C. Brown, Jr., Cibi
Vishnu Chinnasamy, Tyler Eldridge, Randy Kenyon, Phyllis Ortman, Jason Tarry
•Commissioners Absent - Excused: Greg Steed (Vice Chairperson), John Primsky, Paul
Herman
•Staff Members Present: Eileen Dornfest, John Song, Lance Smith, Richard Thorp, Kelly
Smith, Jason Graham, Allison Becker, Jill Oropeza, Sydney Phillips Grace
•Members of the Public: None
3.AGENDA REVIEW
•Chairperson Kent Bruxvoort briefly summarized items on the agenda
4.COMMUNITY PARTICIPATION
•None
5.APPROVAL OF MINUTES
CHAIRPERSON BRUXVOORT ASKED FOR COMMENTS AND REVISIONS ON THE
AUGUST 19 MINUTES.
Commissioner Ortman moved to approve the August 19 minutes.
Commissioner Chinnasamy seconded the motion.
Vote on the motion: It passed unanimously, 7-0
6.NEW BUSINESS
a.Staff Reports
(Attachments available upon request)
i.Financial Monthly Report
(meeting packet only)
ii.Water Resources Monthly Report
(meeting packet only)
ATTACHMENT 5
DRAFT MINUTES WATER COMMISSION
REGULAR MEETING
0 9 /16/2021 – DRAFT MINUTES Page 3
Discussion Highlights
A Commissioner inquired if there are any assessments about the viability of
the lakes and whether there are any that may not be worth the resources
required to manage them for cost-efficiency. Mr. Thorp responded that many
if not most of the lakes are manmade with specific functions and issues and
hopes that the guidance will help managers to prioritize resources and plan
accordingly for the fate of each lake by determining best practices. Another
Commissioner asked about the key concerns observed that are affecting the
lakes. Mr. Thorp responded that recurring algal blooms and their
consequences, such as the release of sulfur dioxide and subsequent odor
issues, are some of more prominent concerns among others, such as nutrient
runoffs, sediment issues, and E. Coli hazards.
v. 1041 Regulations
Kelly Smith, Senior Environmental Planner, presented on the 1041
Regulations Project, a Council-directed project to evaluate if 1041
regulations—which determines whether designated areas or activities have
state interest and gives local governments control over development projects
occurring within their jurisdiction even when the project has statewide
impacts—achieve City policy and regulatory goals.
Discussion Highlights
A Commissioner asked what other cities have adopted this already. Ms.
Smith responded that it’s counties that have predominantly adopted these
regulations, including Larimer County, but other examples of cities are
Louisville, Commerce City, Golden, and Idaho Springs. The Commissioner
inquired why does the City of Fort Collins need it if Larimer County has
already adopted it. Ms. Smith responded that it’s because the City’s voice is
only advisory and does not have any authority through the County’s current
process. Another Commissioner wondered if the Halligan Project required
going through the County’s 1041 regulations, which it did. Another
Commissioner inquired about the chief obstacles that need to be achieved to
attain what they need. State statutes keep the City limited in its scope and
the City’s land use code isn’t designed for large projects, so the 1041
regulations would be a great tool to allow for a stronger voice. All in all,
Commissioners felt unqualified to provide a strong recommendation for future
steps, but hopes to hear of its results.
b. Regular Items
(Attachments available upon request)
NATURAL RESOURCES ADVISORY BOARD
TYPE OF MEETING – REGULAR
September 15, 2021 5:30 – 8:00 pm
Via Zoom
9/15/21 – MINUTES Page 1
CALL TO ORDER - 5:30PM ROLL CALL
•List of Board Members Present
−Kevin Krause
−Dawson Metcalf
−Drew Derderian
−Barry Noon
−John Skogman
List of Board Members Absent
−Danielle Buttke - chair
−Elizabeth Hudetz
−Samantha Williams
−Hillary Mizia
•List of Staff Members Present
−Lindsay Ex, Staff Liaison
−Richard Thorp, Watershed Program Manager, Utilities
−Sydney Phillips Grace - Utilities Watershed Technician
−Kelly Smith, Sr. Planner
•List of Guests
−none
1.AGENDA REVIEW
•No changes
2.COMMUNITY MEMBER PARTICIPATION
•N/A
3.APPROVAL OF MINUTES - JULY & AUGUST
•Barry moved and John seconded a motion to approve both the July and August
NRAB draft minutes as presented. Motion approved unanimously 5-0-0
4.NEW BUSINESS
ATTACHMENT 6
NATURAL RESOURCE ADVISORY BOARD
TYPE OF MEETING – REGULAR
9/15/21 – MINUTES Page 3
− Discussion
− Barry - Q - What are the indicators you are measuring to assess water quality of
the lakes? A - This is not a water quality plan, so we are not measuring water
quality.
− Barry Q - So are there any on-going monitoring programs for water quality? A -
Yes, for a few lakes, like Rigden lake, but most don't need that type of
monitoring. This plan is a first step type of guidance for water managers to help
them develop a water management plan that could include water quality
monitoring, depending on the amount of resources available to do that.
− Barry - Q - Water quality affects the fish population that are often consumed by
people. There might be a health issue if there are heavy metals in the lakes. A -
Colorado Parks and Wildlife are considering doing that type of monitoring.
− Dawson - Q - What determines a body of water to be a lake? What is going on
with the lakes within the City that aren't managed by any department in the city?
A - Standing water bodies such as ponds, lakes, temporary lakes, retention and
detention ponds, and reservoirs fall under the term "lake". The unmanaged
lakes are being addressed and examined. It is a work in progress.
− Dawson - Q - Where are you gathering best practices to manage these lakes? A
variety of regional sources are being researched and gathered by our
consultants.
− John -Q - Will best practices address lakes that have not been managed well
and how to remedy that? A - It will mostly be a listing of best practices and what
they help to mitigate, their cost and where they have been used, based on our
interviews, consultants, and surveys.
− Kevin - Q - It would be nice to see transparency on how the City manages these
lakes and what is used. A - That is not within the scope and budget for this
project but it would be helpful for the community to do that at a later time;
perhaps in a web map of the City's lakes.
b. Approaches to Regulating Areas and Activities of State Interest Pursuant to
Powers Established in State Law Commonly Referred to as 1041 Powers - Kelly
Smith, Sr. Planner
− Definition of 1041 regulations
− 1041 Regulations allow governments to identify, designate and regulate
activities of state interest through a local permitting process. The purpose
is to give local governments control over development projects occurring
within their jurisdiction, even when the project has statewide impacts. A
local government must designate the areas or activities of state interest
NATURAL RESOURCE ADVISORY BOARD
TYPE OF MEETING – REGULAR
9/15/21 – MINUTES Page 4
and adopt guidelines pursuant to state statutory procedures and limitations
to regulate them through a public hearing
− The areas of state interest are: mineral resource areas; natural hazard
areas; historical/natural/archaeological resource areas and areas around
key facilities.
− The activities of state interest to be regulated are: new/expanded
water/sewer treatment; municipal/industrial water treatment; highways and
interchanges, public utilities, new communities, solid waste disposal; mass
transit; airports; geothermal resources; and nuclear detonation areas.
− Local communities do not usually designate areas unless it is for a very
specific area or reason within their jurisdiction.
− Process of determining need to use 1041 powers within the City of Fort Collins
− In May, 2021 Council asked staff to investigate what would be necessary to
implement 1041 regulations in Fort Collins. In July staff determined the 1041
regulations would support City policy and regulatory goals.
− The City will hold a public hearing on September 21 to determine what areas of
interest the city would regulate. No development can occur until designation and
guidelines are adopted. Once designation and guidelines are adopted,
applications for permits can be accepted. Items to be discussed at the hearing
are:
− The intensity of current and foreseeable development pressures
− The boundaries of any designated area
− Why the designated area or activity is of state interest
− The dangers from uncontrolled development of the area or conduct of such
activity
− The advantages of developing such area or activity in a coordinated manner.
− The three options for local 1041 regulations that will be presented at the
September 21 hearing would:
1. Address immediate development pressure. This option would regulate:
− Immediate development pressure. State statues are flexible and allow
more activities and areas to be designated over time.
2. Address development with lowest authority but potential for highest impact -
This option would regulate:
− New/expanded domestic water, municipal/industrial water projects,
NATURAL RESOURCE ADVISORY BOARD
TYPE OF MEETING – REGULAR
9/15/21 – MINUTES Page 5
highways and interchanges - plus public utilities
3. Address all potential development and includes projects that may be
regulated by the City's Land Use Code. This option would regulate:
− New/expanded domestic water, municipal/industrial water projects,
highways and interchanges, public utilities, plus public transit
− Next steps
− Outreach to boards and commissions
− September 21 City Council public meeting to consider two ordinances to
designate water and also highway projects to be regulated that would enact
a development moratorium in those areas. If Council expands the scope of
this project, another public meeting will be held at a future date.
− A fourth ordinance is being considered that would appropriate funding to
support this project.
− The NRAB was asked to give feedback on the project and their preference of the
three ordinances.
− Discussion
− Kevin - Q - Can you explain the advantages of doing these projects one at a
time or all at once? A - A limited scope would have more concentrated
engagement and expedite the process. Doing projects sequentially could
add confusion to the community, and may not capitalize on engaging the
same stakeholders simultaneously.
− Dawson - Q - You said you have discussed this with 30 other communities,
in those conversations have you discussed the timing of doing the projects
one at a time or all at once? A - Yes, we discussed this and there were
mixed opinions. One disadvantage to regulating everything is that many
communities don’t end up using the regulations. Some communities even
expressed there were times they should have used them but forgot they
had them because it had been years since adopting them and never using
them.
− Dawson - Q - What kind of conversations are you having on how to
transparently communicate to the community so they understand this
complicated project with three options? A - Conversations with the
community will begin with the public hearing. We are hiring a consultant to
craft our future engagement with the public.
− Dawson - Q - Can you explain how the public hearing will explain this
project? A - It will be a presentation of the various considerations, options,
11041 RegulationsPaul Sizemore & Kelly SmithOctober 19, 2021ATTACHMENT 7
Project Background2May July September October2021ENGAGEMENT, ANALYSIS & OPTIONSWater/Sewer Providers30 CommunitiesPUBLIC HEARING &ENGAGEMENT Boards/CommissionsChamberCity UtilitiesWater/Sewer ProvidersMORATORIUM & ENGAGEMENTWater/Sewer ProvidersPFARESOLUTIONStudy 1041 Powers
Project Timeline3Public UtilitiesSolid Waste DisposalMass TransitAirportsOCTNOVDECJANFEBMARAPRMAYJUNJULYAUGSEPTOCTNOVDECHEARING/FUNDING APPROP/CONTRACTINGCODE DEVELOPMENTENGAGEMENTDRAFT CODECOUNCIL WORK SESSIONCODE ADOPTIONIMPLEMENTATION
Tonight’s Discussion4Designation OptionsMoratorium ApplicabilityExemption ProcessAdditional Engagement & Moratorium Impacts1234
Designation Options: Clarification51. A moratorium is only required at the time the City designates activities or areas of statewide interest.2. The City could designate activities or areas any time during the development of regulations. 1
Designation Options6OPTION 1: Designate Now• Highest certainty for City until regulations are adopted• Lowest certainty for water providers, developers, regional partners• Longest moratorium• Potential project delays at regional scale • Consistent with First Reading2021OctNovDecJanFebMarAprMayJunJulAugSepOctNovDecMoratorium Duration: 1 yearOPTION 2: Designate @ Draft• Known regulatory framework• Opportunity to further engage• Cuts moratorium in half• Allows projects to move forward for 6 mosMoratorium Duration: 6 monthsOPTION 3:Designate @ Adoption• No moratorium• Lowest certainty for City until regulations are adopted• Highest certainty for developers, water providers, regional partners 20212022
Moratorium Applicability: First Reading7Engagement & ImpactsWater/Sewer ProvidersCity UtilitiesApplies To:• SPAR Projects• >12” Pipe Size• Not Tied To Dev.• Not Maintenance/ Replacement2
Recommended Changes8Applies To:• SPAR Projects• >30’Easement• >20’Easement Adjacent to Existing • Not Tied To Dev.• Not Maintenance/ ReplacementEngagement & ImpactsWater/Sewer ProvidersCity Utilities
Conceptual Review MeetingConceptual Review ApplicationComplete Application SubmittedExemptionQuasi-Judicial Council HearingNo ExemptionExemption ProcessSPARStaff Meeting w/ Applicant3
Exemption Criteria101. The potential for the project to result in significant adverse impactsthat could otherwise be mitigated through a binding review process; or 2. The project meaningfully addresses an important community need and delaying the project until the moratorium is terminated would result in substantial hardship to the community.
Engagement & Moratorium Impacts11PROJECT UNKNOWNS KNOWNSNISP• Goal: break ground in 2023• 60’ easement• 32”-36” pipe• Crosses several City-owned Natural Areas and aquatic resources• Unknown construction timing and sequencing• Still waiting for ROD from Corps • Not started securing easements in FTC• Obtained 1041 Permit from Larimer County• Can secure easements on private property• 10 months to construct (in FTC)• Moratorium would prevent securing easements on City-owned land• Moratorium would prevent City-issued permits 4
Engagement & Moratorium Impacts12PROJECT UNKNOWNS KNOWNSNEWT 3• Goal: break ground in 2023• 50’ easement;• 42” dia pipe• Does not cross City-owned natural areas or aquatic resources• Still planning and designing• Impacts of Larimer County 1041 regs (in drafting)• Need Weld County approval• Need Larimer County 1041 permit • Need Corps approval• Need SHPO approval• Need easements• New City regulations may impact design• Uncertainty for development, school site planning, bond repayment schedules• Can work with the Corps on potential wetlands impacts (Boxelder Creek)• Can work on environmental, cultural/ historic resource documentation • Can secure easements on private property • Can develop detailed construction drawings • Will take 10 months to construct• Moratorium would prevent City-issued permits
Engagement & Moratorium Impacts13PROJECT UNKNOWNS KNOWNSREGIONAL PROJECTS• Uncertainty to water providers• May not have capacity to support development if NEWT 3 or NISP cannot be constructed• North Weld County Water District imposed moratorium on taps for new buildings
Designation Options14OPTION 1: Designate Now• Highest certainty for City until regulations are adopted• Lowest certainty for water providers, developers, regional partners• Longest moratorium• Potential project delays • Consistent with First Reading2021OctNovDecJanFebMarAprMayJunJulAugSepOctNovDecMoratorium Duration: 1 yearOPTION 2: Designate @ Draft• Known regulatory framework• Opportunity to further engage• Cuts moratorium in half• Allows projects to move forward for 6 mosMoratorium Duration: 6 monthsOPTION 3:Designate @ Adoption• No moratorium• Lowest certainty for City until regulations are adopted• Highest certainty for developers, water providers, regional partners 20212022
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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 or
sewage 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 are not do not qualify as Water and Sewer System Activity
subject to the Moratorium on Water and Sewer System Activity:
(i) Any project (1) submitted and subject to review and approval under a
development review process other than Site Plan Advisory Review under the
Land Use Code, and (2) which project is necessary to physically deliver water by
a direct connection to any proposed residential, commercial, industrial, or mixed-
use development for which an application has been accepted by the City for Land
Use Code development review as of the first reading date of this Ordinance;
(ii) Any water or sewer project submitted and subject to review and approval as part
of a basic development review, minor or major amendment, project development
plan, or final plan for development other than a stand-alone water or sewer
project;
(iii)Projects to upgrade existing water and 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
(iv) Any project that the City Council exempts from the Moratorium pursuant to
Section 5 of this Ordinance.
(iv) Any project that the City Council determines by adopted ordinance after a quasi-
judicial hearing, and review and analysis by City staff, 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. Applications for review under this section must be submitted to the
Director of Community Development and Neighborhood Services, as defined in
the Land Use Code.
(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
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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) Any project that the City Council exempts from the Moratorium on Highway
Activity pursuant to Section 5 of this Ordinance is notThe 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, and review and analysis by City staff, 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. Applications for review under this section must be submitted to t he
Director of Community Development and Neighborhood Services, as defined in
the Land Use Code.
(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;
(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.
Section 5. That the City Council may exempt certain projects from the Moratorium
established in Secti on 4 pursuant to the following procedure:
(1) City Council may exempt projects subject to the Moratorium if it finds that the
applicant has established that granting of the exemption would not be detrimental to
the public good, and that:
(i) The project, if revie wed using the procedures specified in the Land Use Code
for a Site Plan Advisory Review, would not result in significant adverse impacts
that would be mitigated through a binding City review process; or
(ii) The project would meaningfully address, or assist in addressing, an important
community need specifically defined and described in City Plan or a City
Council adopted policy, ordinance, or resolution and delaying the project until
the moratorium is terminated would result in substantial hardship to the
community in realizing the benefit of the project in addressing, or assisting in
addressing, the community need.
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(2) Any project that Council exempts from the Moratorium pursuant to this Section
must have its complete application accepted by the Community Develop ment and
Neighborhood Services Department at least sixty days prior to the termination of
the Moratorium and such applications will be subject to the applicable Land Use
Code standards in effect at the time of acceptance. Applications accepted within the
period sixty days before the termination of the Moratorium or after the termination
of the Moratorium will be subject to the Land Use Code standards in effect at the
time of acceptance including 1041 regulations.
(3) Applications for Council exemption review p ursuant to this Section must be
provided to the Director of Community Development and Neighborhood Services
(“Director”).
(i) Each application shall contain all information and materials that the Director
determines are necessary to allow City staff to review the project and make a
recommendation to City Council and for City Council to make its determination
on the exemption.
(ii) The Director will charge a fee to recover the estimated staff time in processing
and reviewing the application to be paid upon submitta l of the application.
(iii) City staff will review the application and provide a recommendation to City
Council.
(4) City Council will make its determination whether to grant an exception after
holding a quasi-judicial public hearing.
(i) The City Clerk will schedul e the hearing for a date within sixty days of
receiving notice from the Director accepting a complete application for
exemption, unless Council acts by motion or resolution to extend the time for
that hearing.
(ii) Notice for the public hearing will occur purs uant to Land Use Code Section
2.2.6 using a minimum notice radius of 1000 feet.
(iii) The City Council decision to grant or deny an exception request must be
memorialized in an adopted ordinance.
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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 19th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 19th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
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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, 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 t he 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) 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 19th day of October, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 19th day of October, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk