HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/28/2022 - DRAFT 1041 REGULATIONSDATE:
STAFF:
June 28, 2022
Kelly Smith, Senior City Planner
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Draft 1041 Regulations.
EXECUTIVE SUMMARY
The purpose of this item is to discuss the Draft 1041 Regulations, provide an overview of how engagement
influenced the draft, and highlight next steps.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Do Councilmembers support a tiered review process based on project impact instead of a “one-size fits all”
regulatory approach, and the criteria used to determine permit tiers?
2. Do Councilmembers support the current engagement plan that allows adoption of regulations prior to the
moratorium expiring?
BACKGROUND / DISCUSSION
House Bill 74-1041
The purpose of 1041 powers is to give local governments permitting authority over 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 (HB 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 (“AASIA”). AASIA
defines the specific types of areas or activities that can be regulated. (Attachment 1)
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 an d activities. The designation of areas and
activities may occur only after a noticed public hearing where Council must consider, at a minimum, the intensity
of current and foreseeable development pressures. Council must specify the boundaries of any design ated area,
why the designated area or activity is of state interest, the dangers from uncontrolled development of the area or
conduct of such activity, and the advantages of developing such area or activity in a coordinated manner.
Once the City holds a public hearing and initially 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 the City has finally
determined the designation and guidelines. In other words, a moratorium goes into effect on development within
the designated area or on a designated activity until the City adopts guidelines. Once applicable guidelines are
adopted, the moratorium is lifted, and the City may process permit applicatio ns for development.
AASIA also contains certain requirements for how permit applications can be administered. An important
requirement is the time by which an application must be heard by the local permit authority. Once an application is
accepted by the City, the City is required to hold a public hearing on the application within ninety (90) days.
June 28, 2022 Page 2
Project History
During a Council regular meeting held on May 4, 2021, Councilmembers adopted Resolution 2021 -055, which
directed staff to evaluate whether 10 41 regulations would help the City achieve its policy goals, and to research
the feasibility of adopting 1041 regulations.
At the July 27 work session, staff presented lessons learned from different communities that adopted 1041
regulations, and from different entities with experience in applying for 1041 permits in other jurisdictions.
(Attachment 2) Staff also presented public projects recently administered through the Site Plan Advisory Review
Process (SPAR) that could be considered “activities of statewide interest.” Through this initial research and
engagement, staff concluded that adopting 1041 regulations could offer the City greater authority over large public
infrastructure projects currently subject to the SPAR process. Additionally, it would help the City achieve several
City Plan policy objectives, including:
1. Direct development in a way that ensures compatibility between adjacent land uses;
2. Minimize infrastructure and resource needs; and;
3. Protect historic and natural resources.
Staff presented two approaches to developing regulations that were based on development pressure the City may
face in the near-term (within 5 years) and long-term (20+ years). Inherent in each option was an appropriation for
consultant services to help complete the project.
1. Near-Term Development Pressure Designations
a. Site selection and construction of water supply and treatment systems
b. Site selection and construction of highways and interchanges
2. Long-Term Development Pressure Designations
a. Site selection and construction of water supply and treatment systems
b. Site selection and construction of highways and interchanges
c. Efficient utilization of municipal and industrial water projects.
d. Site selection and construction of major facilities of a public utility
e. Site selection of rapid or mass transit terminals, stations and fixed guideways.
While Councilmembers were supportive of the project, they were split on which option to choose and directed
staff to return with a third option that fell somewhere between, along with a proposal to designate activities of
state interest.
On September 21, 2021, staff returned during a regular City Council meeting and presented a third option that
focused on development pressure the City may face in the mid-term (within 10 years):
3. Mid-Term Development Pressure Designations
a. Site selection and construction of water supply and treatment systems
b. Site selection and construction of highways and interchanges
c. Site selection and construction of major facilities of a public utility
In the end, Councilmembers selected Option 1. Council then conducted a public hearing that designated the
activities and imposed a moratorium on such activities with the caveat that prior to the second reading staff would
perform additional engagement to identify which specific development projects could be impacted by a
moratorium. Councilmembers also requested more detail around the procedural requirements for an exemption
request to the moratorium.
On October 19, 2021, staff returned to Council for second reading on the designation ordinance and provided
additional information on specific projects that could be impacted by a moratorium, and the procedural
requirements for an exemption request to the moratorium. The designation ordinance w as adopted on second
reading and a moratorium imposed on development projects falling under the designated activities until December
31, 2022. (Attachment 3)
June 28, 2022 Page 3
DRAFT 1041 REGULATIONS
The City’s 1041 draft regulations (Attachment 4) are comprehensive in scope and regulate all phases of a 1041
permit, from initial staff review to public engagement, review standards, public hearing procedures, appeals,
financial assurances, permit reporting, enforcement, and penalties.
Project Applicability
The way in which a project is determined to be subject to 1041 regulations is whether it meets the definitions of
the designated activities or is eligible for exemption. The following definitions in the draft regulations define
projects subject to 1041 regulations:
1. “Major New Domestic Water System,”
2. “Major Extension of an Existing Water System,”
3. “Major New Domestic Wastewater Treatment System,”
4. “Major Extension of an Existing Wastewater Treatment System,” and
5. “Site Selection of Arterial Highways or Interchange and Collector Highways.”
Draft regulations also include a list of exemptions which primarily serve to allow existing and approved
development projects to continue. Exemptions include:
1. Maintenance and operations at existing facilities that do not significantly change the nature or location of the
development and its associated impacts;
2. An approved development plan with a valid building permit prior to the effective date of the 1041 regulations;
3. An approved development plan with active vested rights ; and
4. Projects that do not meet the definition of Development in the City’s Land Use Code.
It is worth noting that the definition of Development in the Land Use Code is broad to include any “building activity
that changes the appearance of any structure or land” (this includes grading and land clearing). However, the
definition contains several exemptions, two of which are relevant to the 1041 regulations discussion:
1. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or
railroad track, if the work is carried out on land within the boundaries of the right -of-way, or on land adjacent
to the right-of-way if such work is incidental to a project within the right-of-way;
2. Work by the City or any public utility for the purpose of restoring or stabilizing the ecology of a site, or for the
purpose of inspecting, repairing, renewing or constructing, on public easements or rights -of-way, any mains,
pipes, cables, utility tunnels, power lines, towers, poles, tracks or the lik e; provided, however, that this
exemption shall not include work by the City or a public utility in constructing or enlarging mass transit or
railroad depots or terminals or any similar traffic-generating activity.
While these exemptions only allow infras tructure projects located within existing rights -of-way and easements to
proceed without being subject to the City’s development review process, they are still required to obtain all
necessary permits and City approvals prior to construction. Such approval s may include, but not be limited to:
Right-of-Way permit, Floodplain Permit, Excavation permit, Stockpile permit, and Final Development Plan
approval.
Permit Types
The draft regulations are organized around a hierarchy of permit types, which includes a Full Permit and an
Administrative Permit. The intent of the permit types is to match fees and procedural requirements with project
complexity and impact. Permit types are determined by the Community, Development and Neighborhood
Services Director (Director) and based on a project’s potential to result in significant adverse impacts per the
categories of review standards. If a project is likely to impact several categories of standards or require eminent
domain, then a Full Permit would be required. Convers ely, if a project is likely to significantly impact one category
of standards and not require eminent domain, then an Administrative Permit would be required.
June 28, 2022 Page 4
If a project is likely to result in no significant adverse impacts, a finding of no significant impacts (FONSI) may be
issued and the 1041 permit waived. A FONSI would still require local permits and alternative review processes
(Site Plan Advisory Review or Final Plan Approval) prior to construction.
The Director’s determination on a permit type or FONSI is appealable to the Planning and Zoning Commission
(PZC), and the PZC decision is appealable to Council. The Director may change the permit type at any time until
a decision is made on the application. This flexibility ensures the most appropriate permit type is assigned to a
project, especially if a project changes and results in additional or less adverse impacts. Any change in
determination of permit type is also appealable.
The primary differences between the Full Permit and Administrative Per mit are the decision maker, and whether
the decision can be appealed. With the Full Permit, the decision maker is Council, and the decision cannot be
appealed. With the Administrative Permit, the decision maker is the Director, and the decision can be appe aled to
PZC, and PZC’s decision can be appealed to Council.
Pre-Application Process
The statutory 90-day shot-clock presents significant challenges to applicants, the public, staff, and decision -
makers. For applicants, the burden of proof is on them to demonstrate adequate mitigation and compliance with
regulations. This is particularly challenging when the shot-clock allows only one round of staff review. For the
public, there is limited time to review complex development proposals and provide meaningfu l input. For decision-
makers and staff, there is limited time to review an application, evaluate mitigation measures, ensure compliance
with standards, coordinate with outside agencies and internal departments, and follow the procedures for a
decision.
The draft regulations help alleviate some of these challenges through a robust pre -application process. An
applicant is first required to attend a Conceptual Review meeting to see if a project is subject to 1041 regulations.
If the regulations apply, staff prepares a checklist of reports, documents and mitigation requirements that must be
submitted for a Pre-Application meeting. The goal of the Pre-Application meeting is to provide staff with the
information needed to identify potential adverse impacts, determine the applicable permit required for the project,
and develop a list of mitigation and submittal requirements for the permit application. (Attachment 5)
Application materials and staff comments for the Conceptual Meeting and Pre -Application meeting will be made
public. Additionally, the public is invited to attend both meetings to learn more about the project and permit
requirements. Once a determination is made on the required permit type, property owners within 1,000 feet of the
proposed project, along with anyone requesting project notifications, will be notified of the permit determination.
After the Pre-Application meeting, a neighborhood meeting will be held to understand public concern and
illuminate other potential impacts not considered at the Conceptual Meeting and Pre-Application meeting. At least
10 days after the neighborhood meeting, an applicant may submit a permit application. Between the
neighborhood meeting and the permit application submittal, the applicant is encouraged to meet with individual
City departments to ask questions, request review of draft application documents, and clarify mitigation
requirements. That way the applicant is in a better position to meet or exceed requirements when the permit
application is submitted.
Application Review and Decision
The 90-day shot-clock starts when a permit application is accepted by the City. Before the City accepts the
application, staff must first decide whether the application is complete. The Completeness Review is an essential
component of the permitting approval process because it gives staff time to review application materials,
coordinate with outside agencies and internal departments, and ensure impacts are adequately mitigated prior to
the shot-clock starting. It also allows staff to determine whether new information is being presented, if additional
information is needed, or if the assigned permit level is still appropriate for the project.
Below is a flowchart of approval processes for the Administrative Permit and Full Permi t, excluding the pre-
application process. Note, the Administrative Permit requires a decision within 90 days of accepting a permit
June 28, 2022 Page 5
application, whereas a Full Permit requires a public hearing within 90 days. The Full Permit also includes a 120 -
day continuance should additional time be needed for Council to make a decision.
Where Projects Fall in Permit Type
Staff tested the mechanics of the review procedures for determining the appropriate permit type by evaluating
previous projects that went through the SPAR process that would be subject to the draft 1041 regulations. The
mechanics were not difficult to administer, and projects were easily assigned to the appropriate permit type. The
only project that could not be definitively assigned a permit type is NEWT Pipeline due to lack of sufficient
information.
Below are project descriptions, assigned permit types, and related potential impacts.
Projects Reviewed Under SPAR
Project Permit Type Potential Impact Notes
NEWT 3 Water Pipeline
(Hearing: April 2022,
Approved)
· Admin or Full
Permit
· Potential to
significantly degrade
the quality of terrestrial
and aquatic plant life
· Eminent Domain?
· 28,300 LF of 30” buried pipeline ·
May cross wetlands, Cooper Slough
Fort Collins Loveland
Water District: Golden
Currant Water Line
(Hearing: Dec 2020,
Approved)
· Admin Permit · Potential to
significantly degrade
the quality of terrestrial
and aquatic plant life
· Upgrade 5,000 LF of existing pipe
in new easement location;
· New pipe is 30”
· Applicant worked with HOA and
Natural Areas on pipeline location ·
Wetland impacts
Colorado Dept of
Transportation: Port of
Entry (Hearing: Jan 2021,
Approved)
· FONSI · No significant impacts · New commercial truck entry
stations
· Required land dedication from
Natural Areas Department which
was approved several years ago by
NAD early in planning phase ·
Encroaches into wetland buffer, but
no direct impacts to wetlands
June 28, 2022 Page 6
Project Permit Type Potential Impact Notes
Northern Integrated
Supply Project (Hearing:
June 2021, Disapproved)
· Full Permit · Potential to
significantly degrade
the quality of terrestrial
and aquatic animal life ·
Potential to significantly
degrade the quality of
terrestrial and aquatic
plant life · Potential to
significantly degrade or
impact natural habitats
and features ·
Demonstrate all
jurisdictions and entities
receiving diverted water
from within the City
have adopted water
conservation policies,
regulations and
programs sufficient to
reduce lower per capita
water use over time
· Eminent Domain?
· 18,000 LF of buried pipeline (32”-
36”)
· Water intake structure · Grading
control structure
· Impacts to wetlands, riparian
forest, Boxelder Creek, Dry Creek,
Lake Canal
Permit Administration
The draft regulations require permittees to provide the City with financial assurances to en sure all permit
requirements are performed. Financial assurances must cover the cost of restoration, completing the permitted
development, and any other conditions placed on the permit approval. Should any provision of a permit be
violated, the Director has authority to temporarily suspend the permit until the violation is resolved. The Director
may permanently revoke a permit if a permittee has failed to take substantial steps to correct the violation. The
Director’s decision to revoke or extend the suspen sion of a permit is appealable to the PZC and PZC’s decision is
appealable to Council.
Intergovernmental Agreements
The draft regulations provide an option for an applicant and City to enter into an intergovernmental agreement
(IGA) in lieu of the City issuing a 1041 permit. The IGA is considered a legislative act and would require Council
adoption by ordinance. The IGA would still have to meet the purpose and intent of the 1041 regulations; however,
it would not be subject to the 90-day shot-clock.
ENGAGEMENT
Since June 2021, staff began engaging several stakeholders and communities to understand broader implications
related to the City adopting 1041 regulations. Specific groups engaged during the drafting of regulations are
outlined in the project’s Public Engagement Plan (Attachment 6) and include but are not limited to: water
providers, Front Range communities, environmental advocacy groups, Chamber of Commerce, boards,
commissions, sanitation districts, City Utilities, City Engineering, City Natural Areas, City Parks, City Historic
Preservation, Colorado Department of Transportation, and Poudre Fire Authority. Below is a summary of key
topics explored during engagement and how it influenced decision points along the way. (Attachment 7)
Topic #1: Tiered Regulatory Approach
What We Heard
During working group discussions, many favored the tiered approach because it provides a way to match
procedure with project complexity and impact. It also provides a safety valve for smaller and less impactful
projects that may not warrant a Full Permit review. Conversely, some members on the environmental working
June 28, 2022 Page 7
group did not support a tiered approach and felt all projects with any environmental impact should be regulated
under 1041, and that Council should be the sole decision-maker. For the boards and commissions working group,
some felt the approach might be too difficult to administer and may put a lot of pressure on staff. Members of the
public were split on their views, with some expressing concern over the Dire ctor’s discretion to determine permit
type, while others felt tiers allow simpler processes for simpler projects.
Response to Input
Staff performed research on the regulatory frameworks in other communities and found the majority have a tiered
permit framework. The intent is to better match process and fees with project complexity and impact.
Communities interviewed by City staff recommended a tiered system because not all projects will be large in
scale and impact. No community has experienced difficulty in administering the regulations, particularly when
determining where a project falls in the permit hierarchy.
Draft regulations contain a tiered permit approach, recognizing that Fort Collins is urban in nature and will likely
receive applications of various sizes and complexity. This is demonstrated by the four projects summarized above
where at least one project fell into a review category (FONSI, Administrative, Full).
In terms of addressing the Director’s discretion in the permitting process, dra ft regulations allow all decisions
made by the Director appealable to the PZC with exception of an extension of a permit suspension due to an
uncorrected violation. All PZC decisions may be appealed to Council.
Topic #2: Cost to Obtain a Permit
What We Heard
Members from the community and working groups expressed concern over the costs associated with applying for
a permit and who will be responsible for those costs.
Response to Input
Like all development projects, fees associated with development review a re the responsibility of the developer.
Fees will be consistent with similar review procedures in the Land Use Code. Below is an example of how the fee
structure could work based on similar existing review procedures. Note, the corresponding existing city review is
subject to change based on final adopted regulations.
1041 Review Similar Existing City Review Cost
Conceptual Review Meeting Conceptual Review Meeting No Fee
Pre-Application Meeting Preliminary Design Review $1,000
FONSI SPAR No Fee
1041 Administrative Permit Basic Development Review $16,900
1041 Full Permit Planned Unit Development $54,475
Appeal of Administrative Decision Appeal of Administrative Decision $100
June 28, 2022 Page 8
Topic #3: Thresholds
What We Heard
Many working groups were concerned that the regulations would be unpredictable and lack clarity in which
projects would be subject to the regulations. Staff met with CDOT, water providers and sanitation districts to
examine definitions in other communities. The biggest point of confusion were the thresholds that communities
used in definitions. Either the thresholds did not make sense or seemed arbitrary.
Response to Input
After speaking with different water providers and sanitation districts, including City Utility staff, thresholds used in
communities did not add much value or reflect the intention of the regulations, which is to regulate adverse
impacts. In fact, many thresholds could be circumvented through system design (for instance pipe size or reduced
easement width for water projects). To capture the essence of the regulations and create more predictability, the
draft regulations define project components that require permits. Through continued engagement, staff will work
with water providers, sanitation districts, CDOT and City departments to refine definitions and ensure the upmost
clarity.
NEXT STEPS
Depending on Council feedback staff will revise the draft regulations and release to public for comment. Working
groups, boards and commissions, and the public will be engaged in Jul y and August. Based on engagement, staff
will refine the code and return to Council on November 13, 2022 for first reading and discussion to adopt revised
regulations. Second reading is scheduled December 20, 2022 to allow staff time to revise the code sho uld
Councilmembers request specific changes.
Staff has been working with the goal of adopting the Regulations before the moratorium expires on December 31,
2022. Should Councilmembers request another work session or additional engagement beyond what is c urrently
planned, an extension to the moratorium will be required. The proposed schedule is included. (Attachment 8)
ATTACHMENTS
1. AASIA Defined Areas and Activities (PDF)
2. Engagement Summary (Prior to Designation) (PDF)
3. Designation Ordinance (PDF)
4. Draft 1041 Regulations and Relevant Amended Land Use Code Sections (PDF)
5. Draft Example of 1041 Application (PDF)
6. Engagement Plan (PDF)
7. Engagement Summary (PDF)
8. Schedule (PDF)
9. Natural Resources and Advisory Board Minutes (draft) (PDF)
10. Powerpoint Presentation (PDF)
Attachment 1: AASIA Defined Areas and Activities of State Interest
Areas of State Concern include:
1. Mineral Resource Area: any area in which there has been “significant mining activity in the past or
present, mining development is planned or in progress, or mineral rights are held by mineral patent or
valid mining claim with the intention of mining.”
2. Natural Hazard Area: “an area containing or directly affected by a natural hazard” (i.e. geologic,
wildfire, flood, radioactivity, seismic).
3. Areas Containing, or Having Significant Impact on Historical, Archaeological or Natural Resources of
Statewide Importance.
• Historical or archaeological resources of statewide importance means “resources which have
been officially included in the national register of historic places, designated by statute, or
included in an established list of places compiled by the state historical society.”
• Natural resources of statewide importance “is limited to shorelands of major, publicly owned
reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division
of parks and wildlife of the department of natural resources, in a proposed area could be
endangered.”
4. Areas Around Key Facilities: development may have a material effect upon the key facility or the
surrounding community. Key facility means airports; major facilities of a public utility; interchanges
involving arterial highways; rapid or mass transit terminals, stations, and fixed guideways.
AASIA defines Activities of State Concern as the following:
1. Site selection and construction of water supply and treatment systems and major extension of
existing domestic water and treatment systems.
2. Site selection and development of solid waste disposal sites.
3. Site selection of airports.
4. Site selection of rapid or mass transit terminals, stations and fixed guideways .
5. Site selection and construction of major facilities of a public utility
6. Site selection of arterial highways and interchanges and collector highways.
7. Site selection and development of new communities: new community means the major revitalization
within existing municipalities or the establishment of urbanized growth centers in unincorporated
areas.
8. Efficient utilization of municipal and industrial water projects .
9. Conduct of nuclear detonations.
10. The use of geothermal resources for the commercial production of electricity.
1041 REGULATIONS ENGAGEMENT
Since the May 4, 2021 City Council discussion on 1041 Regulations, staff has personally reached out to
thirty-five local communities, different City Departments, regional water providers and local sanitation
districts to better understand lessons learned and concerns regarding 1041 regulations.
Peer Communities
Staff initially focused on peer communities with populations greater than 50K residents, however given the
limited number of municipalities that have adopted 1041 Regulations staff broadened its research to include
both smaller municipalities and counties. Below is a snapshot of information collected and key lessons
learned. Of particular note is the majority of municipalities that reported as having adopted 1041
Regulations in the 2015 Colorado Land Use Survey (presented on the Department of Local Affairs website)
have not adopted them.
Colorado Communities > 50K Residents
1041
Regulation
s
MUNICIPALITY Y N ACTIVITIES/AREAS
Arvada X
Aurora* X
Boulder X
Broomfield* - - Did not answer requests for information
Castle Rock - - Did not answer requests for information
Centennial X •Location of Airports
Colorado
Springs X
Commerce City X
•Site selection and construction of highways, arterial highways and
collector highways;
•Site Selection and Construction of Major New Domestic Water and
Sewage Treatment Systems and/or Major Extension of Existing
Domestic Water and Sewage Treatment Systems;
•Site Selection and Construction of Major Facilities of a Public
Utility;
•Efficient Utilization of Municipal and Industrial Water Projects .
Denver* X
Grand Junction* X
Greeley* X
Highlands
Ranch X
Lakewood X
Longmont X
Loveland X
Parker* X
Pueblo X
•Efficient Utilization of Municipal and Industrial Water Projects;
•Site Selection and Construction of Major New Domestic Water and
Sewage Treatment Systems and/or Major Extension of Existing
Domestic Water and Sewage Treatment Systems;
•Site Selection and Construction of Major Facilities of a Public
Utility.
Thornton* X
Westminster X
ATTACHMENT 2
*Communities misrepresented as having adopted 1041 in DOLA’s 2015 Colorado Land Use Survey
Communities with 10K-50K Residents
1041
Regulations
MUNICIPALITY Y N ACTIVITIES/AREAS
Canon City* X
Durango* X
Frederick* X
Fruita* X
Golden X • Site selection of arterial highways and interchanges;
Lafayette* X
Louisville X
• Areas around key facilities (arterial highway interchanges);
• Geologic hazard areas;
• Site selection of arterial highways and interchanges;
• Site selection of collector highways.
Steamboat* X
Superior X
• Site selection and construction of highways, arterial
highways and collector highways
• Mineral Resource Areas
Windsor* X
*Communities misrepresented as having adopted 1041 Regulations in the 2015 Colorado Land Use
Survey
Communities Interviewed and Lessons Learned
Jurisdiction Key Notes
Boulder
County
• Adopted in early 1990s; little known about process taken to develop and adopt
• Reviewed several applications:
o Electric transmission line
o Expansion of wastewater treatment plant
o Highway interchange
o Water pipeline
• Has worked well however looking to update eventually to simplify criteria and
potentially exempt smaller projects
LaPlata
County
• Adopted in 2018 (one of the last counties to adopt 1041 in state)
• Spent many years studying adopting regs (over 15 years), adopted a resolution 15
years ago to develop regs but just never did it
• 11 months to draft and adopt
• 2 FTE (county attorneys) and support from Planning Dept; however required long
hours from attorneys
• Hired legal assistance to review and develop regulations
• Lifted regulations from Arapahoe County
• Strongly recommend hiring outside consultant help and not doing in-house due to
project complexity
• Has not processed an application yet
Summit
County
• Developed in early 2000s
• Hired outside consultant to develop regulations
• Unsure the process taken to develop and adopt
• Processed less than 10 applications
• Worked well for environmental considerations
Jurisdiction Key Notes
Larimer
County
• Adopted regs in early 2000s
• Processed under 10 permits
• Recommends being very intentional about what regulating as to not overprocess
applications
• In process of revising (5th revision)
o Imposed moratorium on projects until update is completed
o 6-7 months to revise code
o Trying to make criteria more specific so not open to interpretation
o May regulate more activities
o Hired outside consultant for revision
• Anticipates a review of application fee structure next year for all development types
• Project review through construction require a huge lift in staff time
• Implementation will require several months to put in place different supporting
programs
Pueblo
County
• Adopted in early 2000s
• In response to water diversion project proposed by Colorado Springs Utilities
• Placed moratorium on all projects that fall under certain activities while developing
regulations
• Regulated all activities as a precautionary tool
• Attorney lifted regulations from Eagle County
• No engagement
• Took approximately 4-5 months to draft, then two months to adopt and implement
City of
Pueblo
• Adopted in early 2000s
• Updated in 2014 using Pueblo County criteria
• Same attorney at Pueblo County wrote updated Pueblo City regulations
• Did not engage industry, public or other stakeholders
• Attorney and Planning Director met internally and identifi ed activities to regulate
• Has NOT processed a permit application
• Established criteria for administrative process for projects with Findings of No
Significant Impact (FONSI)
• Processed 4 applications administratively through FONSI for a solar project on city-
owned land leased to solar company; very small-scaled project
Town of
Silverthorne
• Adopted in early 2000s
• Little known about process taken to develop and adopt
• Has NOT processed an application
Commerce
City
• Adopted in early 2000s
• Little known about process taken to develop and adopt
• Processed two applications:
o Early 2007: Installation and location of a Tri-State Generation &
Transmission Assoc. electrical line through City and neighboring
jurisdictions.
o 2020: Regional sewer interceptor planned by Metro Wastewater
Reclamation District.
▪ In lieu of permit, negotiated an IGA for requirements
▪ The IGA was found to be a great negotiating tool to allow
project, avoid time consuming process for applicant, and
negotiate terms that benefited community
Superior
• Adopted in early 2000s
• Little known about process taken to develop and adopt
• Has NOT processed an application
OTHER ENGAGEMENT
City Utilities, City Engineering, Water Providers, Sanitation Districts Comments and Concerns
Agency/Group Key Notes
City Utilities
• Concern that regulations will result in self-regulating City projects
• Capital Projects already approved by City Council during the budget process so
don’t need another approval process
• Definitely need to better understand how permit process may impact scheduled
projects that have been planned for several years
• Already have project coordination process in place for projects in ROW; hate to
duplicate a utility coordination process. One of the first things done when a project
comes in is send out to engineering for coordination
• Sometimes not value add for planners to review projects that are technical and
complex; hard to bring people up to speed
• Would like to see very clear regulations so understand requirements, nothing
vague
City
Engineering
• Concern regulating might compromise relationship with CDOT for future funding
initiatives
• Could focus on interchanges, and locations of Park and Rides, transit facility on
287
• Closure to access routes during I-25 expansion and other projects would have
been good to have more authority over
ELCO, NFR
Water District,
Boxelder
Sanitation
District,
FCLWD, South
FTC Sanitation
• Often projects require state and federal permits so 1041 permit is duplicative
• 1041 is a pretty onerous process to go through and add a lot of cost to projects
from project delays and permitting requirements
• Often criteria is so vague that it can be difficult to understand requirements, can
be interpreted differently by decision-makers to fit political agendas, and prolong
process because have no idea how to fulfill requirements
• Need technical requirements to measure criteria against for decision making
• Important to include an appeals process so that don’t have to go through process
if impacts are minimal
• Concern regulations will prohibit regional projects from being approved that
provide regional needs
• Engagement will require significant lead time so boards have the chance to review
draft regulations and staff perform several job functions; (2-3 months for review
and comment preferable)
• Would like projects currently planned be approved through SPAR process and not
have to wait until 1041 regs are developed
ATTACHMENT 3
EXHIBIT “A”
Colorado Revised Statutes Definitions Relevant to the City Council Designation
of Matters of State Interest
“Domestic water and sewage treatment system” means a wastewater treatment facility, water
distribution system, or water treatment facility, as defined in section 25-9-102(5), (6), and (7),
C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected
for treatment. (Section 24-65.1-104(5), C.R.S.)
“Water distribution system” means any combination of pipes, tanks, pumps, or other facilities that
delivers water from a source or treatment facility to the consumer. (Section 25-9-102(6), C.R.S.)
“Water treatment facility” means the facility or facilities within the water distribution
system that can alter the physical, chemical, or bacteriological quality of the water.
(Section 25-9-102(5), C.R.S.)
“Arterial highway” means any limited-access highway which is part of the federal-aid
interstate system or any limited-access highway constructed under the supervision of the
department of transportation. (Section 24-65.1-104(3), C.R.S.)
“Collector highway” means a major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial centers
and constructed under guidelines and standards established by, or under the supervision
of, the department of transportation. “Collector highway” does not include a city street or
local service road or a county road designed for local service and constructed under the
supervision of local government. (Section 24-65.1-104(4), C.R.S.)
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1
ARTICLE _____
CITY OF FORT COLLINS COLORADO
GUIDELINES AND REGULATIONS FOR
AREAS AND ACTIVITIES OF STATE INTEREST
CONTENTS
Division 1: General Provisions, Designation, and Exemptions
Division 2: Permits
Division 3: Site Selection and Construction of Major New Domestic Water and Sewage
Treatment Systems and Major Extensions of such Systems
Division 4: Site Selection of Arterial Highways and Interchanges and Collector Highways
Division 5: Permit Hearing Procedures, Financial Security, Post-Issuance Administration,
Enforcement
ATTACHMENT 4
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2
Division 1
General Provisions, Designation, and Exemptions
Section 1 Introductory and General Provisions
1-101 Title and Citation
1-102 Purpose and Findings; Scope
1-103 Authority
1-104 Applicability
1-105 Permit Required; Allowed Use Not Required; Stay On Issuance of Easements and Other
Permits
1-106 Relationship of Regulations to other City, State and Federal Requirements
1-107 Maps
1-108 Modification of Standards, Variances, and Appeal from Administrative Decisions
to the Land Use Review Commission Not Applicable
1-109 Severability
1-110 Definitions
Section 2 Procedure for Designation of Matters of State Interest
1-201 City Council to Make Designations
1-202 Public Hearing Required
1-203 Notice of Public Hearing; Publication
1-204 Matters to be Considered at Designation Hearing
1-205 Record of Designation Proceeding
1-206 Adoption of Designation and Regulations
1-207 Effect of Notice of Designation – Moratorium until Final Determination
1-208 Mapping Disputes
Section 3 Designated Activities of State Interest
1-301 Designated Areas and Activities of State Interest
Section 4 Exemptions
1-401 Exemptions
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DIVISION 1
General Provisions, Designation, and Exemptions
Section 1
Introductory and General Provisions
1-101 Title and Citation
The various regulations constituting Divisions 1 through 5 of Article __ are titled and may be cited
as the “Guidelines and Regulations for Areas and Activities of State Interest of the City of Fort
Collins,” or “Regulations.”
1-102 Purpose and Findings
(A) Purpose. The general purpose of these Regulations is to facilitate identification,
designation, and administration of matters of state interest consistent with the statutory
requirements and criteria set forth in Section 24-65.1-101, et seq., C.R.S., The specific
purposes are to:
(1) Protect public health, safety, welfare, the environment and wildlife resources;
(2) Implement the vision and policies of the City’s Comprehensive Plan;
(3) Ensure that growth and development in the City occur in a planned and coordinated
manner;
(4) Protect natural, historic, and cultural resources; protect and enhance natural habitats
and features of significant ecological value as defined in Section 3.4.1; protect air and
water quality, reduce greenhouse gas emissions and enhance adaptation to climate
change;
(5) Promote safe, efficient, and economic use of public resources in developing and
providing community and regional infrastructure, facilities, and services;
(6) Regulate land use on the basis of financial, social and environmental impacts of
proposed development on the community and surrounding areas; and
(7) Ensure City participation in the review and approval of development plans that pass
through and impact City residents, businesses, neighborhoods, property owners, and
resources.
(B) Findings. The City Council of the City of Fort Collins finds that:
(1) The notice and public hearing requirements of Section 24-65.1-404, C.R.S., have been
followed in adopting these Regulations;
(2) These Regulations are necessary because of the intensity of current and foreseeable
development pressures on and within the City;
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(3) These Regulations are necessary to protect the public health, safety, welfare, the
environment, and cultural and wildlife resources;
(4) These Regulations apply to the entire area within the incorporated municipal
boundaries of the City; and
(5) These Regulations interpret and apply to any regulations adopted for specific areas of
state interest and specific activities of state interest which have been or may be
designated by the City Council.
1-103 Authority.
These Regulations are authorized by, inter alia, Fort Collins City Charter Article I, Section 4,
Colorado Constitution Article XX, Section 24-65.1-101, et seq., C.R.S.; Section 30-23-101, et
seq., and Section 29-20-101, et seq., C.R.S.
1-104 Applicability.
These Regulations shall apply to all proceedings and decisions concerning identification,
designation, and regulation of any development in any area of state interest or any activity of state
interest that has been or may hereafter be designated by the City Council. To the extent a
development plan could be reviewed under these Regulations and also as a Site Plan Advisory
Review, Overall Development Plan, Project Development Plan, Final Plan, or Minor or Major
Amendment, such development plan shall only be reviewed under these Regulations unless the
Director issues a FONSI pursuant to Section 2-303 in which case the development plan shall be
reviewed under the other applicable review process. Development plans that have completed Site
Plan Advisory Review pursuant to the Land Use Code prior to the effective date of these
Regulations shall be subject to these Regulations unless a FONSI is issued.
1-105 Permit Required; Allowed Use Not Required; Stay On Issuance of Easements and
Other Permits
(A) Permit Required.
Other than as stated in Sections 1-104 and 1-401, no person may conduct a designated
activity of state interest or develop in a designated area of state interest within the City
without first obtaining an administrative permit, full permit, or a permit amendment under
these Regulations.
(B) Allowed Use in Zone District Not Required.
A permit pursuant to these Regulations may be issued for a development plan that is to be
located in one or more zone districts regardless of whether the zone district or districts list
the use proposed by the development plan as an allowed use or otherwise prohibit such
use.
(C) Stay on Issuance of Easements and Other Permits
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No easements on City-owned real property and no permits issued by the City other than
under these Regulations, including but not limited to flood plain and right-of-way
encroachment permits, shall be granted for any development plan subject to these
Regulations without such development plan having first obtained a permit pursuant to these
Regulations or as otherwise allowed under these Regulations.
1-106 Relationship of Regulations to Other City, State and Federal Requirements.
(A) Whenever these Regulations are found to be inconsistent with any other resolution,
ordinance, code, regulation, or other enactment of the City, the enactment imposing the
more restrictive standards or requirements shall control.
(B) In the event these Regulations are found to be less stringent than the statutory criteria for
administration of matters of state interest set forth in Section 24-65.1-202, C.R.S., the
statutory criteria shall control.
(C) In the event these Regulations are found to be more stringent than the statutory criteria for
administration of matter of state interest set forth in Sections 24-65.1-202and 24-65.1-204,
C.R.S., these Regulations shall control pursuant to the authority of Section 24-65.1-402
(3), C.R.S.
(D) These Regulations are intended to be applied in addition to, and not in lieu of, any other
City regulations or policies, including, without limitation, the Land Use Code, as amended,
Natural Areas Easement Policy, and regulations regarding flood plain and encroachment
permits as set forth in the Code of the City of Fort Collins.
(E) Permit requirements included in these Regulations shall be in addition to and in
conformance with all applicable local, state, and federal water quality and environmental
laws, rules, and regulations.
(F) Review or approval of a development plan by a federal or state or local agency does not
substitute for a permit under these Regulations. Any applicant for a permit under these
Regulations that is also subject to the regulations of other agencies may request in writing
that the City application and review process be coordinated with that of the other agency
or agencies. If practicable, and in its discretion, the Director may attempt to eliminate
redundant application submittal requests and may coordinate City review of the application
with that of other agencies as appropriate.
1-107 Maps.
(A) Each map referred to in designations and regulations for any particular matter of state
interest adopted by the City Council is deemed adopted therein as if set out in full.
(B) Maps referred to in any such designations and regulations shall be available for inspection
in the offices of the Community Development and Neighborhood Services Department.
1-108 Modification of Standards, Variances, and Appeal from Administrative Decisions to
the Land Use Review Commission Not Applicable.
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The following Land Use Code Divisions are not applicable to these Regulations:
(A) Division 2.8-- Modification of Standards;
(B) Division 2.10 – Variances; and
(C) Division 2.11 – Appeal from Administrative Decisions to the Land Use Review
Commission
1-109 Severability.
If any division, section, clause, provision, or portion of these Regulations should be found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder shall not
be affected thereby.
1-110 Definitions.
The words and terms used in these Regulations shall have the meanings set forth below or in
Article 5 subject to Section 1.4.9 regarding the rules of construction for text:
Adequate security shall mean such funds or funding commitments, whether in the form of cash,
negotiable securities, letters of credit, bonds or other instruments or guarantees, as are deemed
sufficient, in the Director’s discretion, and in a form approved by the City Attorney, to guarantee
performance of the act, promise, permit condition or obligation to which it pertains.
Administrative permit shall mean a permit under these Regulations that is subject to Director
review and decision pursuant to the Land Use Code basic development review procedure set forth
in Divisions 2.18 and 2.20 and these Regulations.
Aquifer recharge area shall mean any area where surface water may infiltrate to a water-bearing
stratum of permeable rock, sand or gravel. This definition also applies to wells used for disposal
of wastewater or toxic pollutants.
Arterial highway shall mean any limited access highway that is part of the federal-aid interstate
system, any limited access highway constructed under the supervision of the Colorado Department
of Transportation, or any private toll road constructed or operated under the authority of a private
toll road company. Arterial 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.
Collector highway shall mean 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
Colorado 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.
Designation shall mean only that legal procedure specified by Section 24-65.1-401, et seq., C.R.S.,
and carried out by the City Council.
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Collector sewer shall mean a network of pipes and conduits through which sewage flows to a
sewage treatment plant.
Distribution system shall mean a network of pipes and conduits through which water is piped for
human consumption or a network of pipes and conduits through which water is piped in exchange
or trade for human consumption.
Domestic water and sewage treatment system shall mean a wastewater treatment facility, water
distribution system, or water treatment facility, as defined in 25-9-102(5), (6) and (7), C.R.S., and
any system of pipes, structures and facilities through which wastewater is collected for treatment.
FONSI shall mean a finding of no significant impact pursuant to Section 2-303.
Full permit shall mean a permit under these Regulations that is subject to City Council review and
decision pursuant to the Land Use Code areas and activities of state interest procedure set forth in
Division 2.20 and these Regulations.
Highways shall mean state and federal highways.
Historic resource impact area shall mean an area within which development activities may have
significant impacts upon historic resources of statewide or City importance.
Impact shall mean the direct or indirect effect or consequence resulting from development. The
term shall include physical, environmental, economic, visual, auditory, or social consequences or
effects.
Impact area shall mean the geographic areas, including the development site, in which any impacts
are likely to be caused by the development.
Interceptor line shall mean a pipeline that receives wastewater flows from collector sewers to a
wastewater treatment facility or to another interceptor line or meeting other requirements of the
Colorado Department of Public Health and Environment to be classified as an interceptor.
Interchange shall mean the intersection of two or more highways, roads or streets, at least one of
which is an arterial highway or toll road where there is direct access to and from the arterial
highway or toll road.
Major extension of an existing wastewater treatment system shall mean any modification of an
existing wastewater treatment plant or lift station that will result in a material change, or any
extension or upgrade of existing interceptor lines provided such extension or upgrade meets the
Land Use Code definition of the term development. Major extensions shall not include wastewater
mains or service lines.
Major extension of an existing domestic water treatment system shall mean the expansion of an
existing domestic water treatment plant or capacity for storage that will result in a material change,
or the extension or upgrade of existing transmission lines or new pump station, provided the
extension or upgrade meets the Land Use Code definition of the term development. Major
extensions shall not include service lines or distribution lines.
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Major new domestic wastewater treatment system shall mean a new wastewater treatment plant,
interceptor lines and lift station(s) for the purposes of transporting and treating wastewater
provided such system meets the Land Use Code definition of the term development. Major new
domestic wastewater treatment system shall not include wastewater mains or service lines.
Major new domestic water system shall mean a system of wells, water diversions, transmission
lines, structures, and facilities, including water reservoirs, water storage tanks, or impoundments
and their associated structures, through which a water supply is obtained, stored, and sold or
distributed for domestic uses; or a system of wells, water diversions, transmission
lines, structures, and facilities, including water reservoirs, water storage tanks, or impoundments
and their associated structures, through which a water supply is obtained that will be used directly
or by trade, substitution, augmentation, or exchange for water that will be used for human
consumption or household use. In determining whether a development plan is a domestic water
supply system, the Director shall consider water rights decrees, pending water rights applications,
intergovernmental agreements, treaties, water supply contracts and any other evidence of the
ultimate use of the water. In order to be a major new domestic water system, such system must
meet the Land Use Code definition of development. Major new domestic water system shall not
include service lines or distribution lines.
Material change shall mean any change in an approved development plan as approved under these
Regulations which significantly changes the nature of impacts considered by the Permit Authority
in approval of the original permit or in the case of existing development not previously issued a
permit, a structural modification, change of use, change of operation, change of user, that
significantly changes the nature or location of the development and its associated impacts.
Matter of state interest shall mean an area of state interest or an activity of state interest or both.
Mitigation shall mean avoiding an impact; minimizing impacts by limiting the degree or magnitude
of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring
the impact area, facility or service; or compensation for the impact by replacing or providing for
the replacement of biological or physical conditions, services or facilities.
Permit shall mean an administrative or full permit issued under these Regulations to conduct an
activity of state interest or to engage in development in an area of state interest, or both. See also
the defined terms administrative permit and full permit.
Permit Authority shall mean, the Director for FONSI, level of permit review, and administrative
permits, the Planning and Zoning Commission for appeals of Director FONSI, level of permit
review, and administrative permit decisions and for recommendations to City Council regarding
full permits, and the City Council for full permits and appeals of Planning and Zoning Commission
decisions for appeal of Director FONSI, level of permit review, and administrative permit
decisions.
Responsible party shall mean the person or persons responsible for construction or operation of a
permitted development in an area of state interest, or a permitted activity of state interest under
these Regulations. This term includes all persons responsible for compliance with any permit
condition.
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Significant shall mean deserving to be considered important, notable, and not trifling.
Site selection of arterial highways and interchange and collector highways shall mean the
determination of a specific corridor or facility location which is made at the conclusion of the
corridor location studies in which construction of an arterial highway, interchange, or collector
highway is proposed; or expansion or modification of an existing arterial highway, interchange or
collector highway is proposed, provided that site selection or expansion of highways or
interchanges meets the definition of development in the Land Use Code. This shall also mean the
closure of frontage roads in association with arterial highways, interchanges, and collector
highways.
Source development area shall mean the geographic area or region wholly or partially within the
municipal boundaries of the City which will be developed or altered in connection with the
development of a municipal or industrial water project.
Transmission line shall mean a domestic water supply system’s line that is designed to transport
raw or treated water from a water source to a water treatment plant, storage facility or distribution
systems, and having the characteristic that it does not allow customer service taps.
Wastewater treatment plant shall mean a facility or group of units used for treatment
of industrial or domestic wastewater or the reduction and handling of solids and gases removed
from such wastes, whether or not such facility or group of units discharges into state waters.
Wastewater treatment plant specifically excludes individual wastewater disposal systems.
Water diversion shall mean removing water from its natural course or location or controlling water
in its natural course or location by means of a control structure, canal, flume, reservoir,
bypass, pipeline, conduit, well, pump or other structure or device.
Water treatment plant shall mean the facilities within the domestic water supply system that
regulate the physical, chemical or bacteriological quality of the water.
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DIVISION 1
Administrative Regulations
Section 2
Procedure for Designation of Matters of State Interest
1-201 City Council to Make Designations.
Designations and amendments of designations may be initiated in two ways:
(A) The City Council may in its discretion designate and adopt regulations for the
administration of any matter of state interest.
(B) The Planning and Zoning Commission may on its own motion or upon City Council
request, recommend the designation of matters of state interest to City Council. The City
Council shall decide, in its sole discretion, whether or not to designate any or all of the
requested matters of state interest.
1-202 Public Hearing Required.
The City Council shall hold a public hearing before designating any matter of state interest and
adopting regulations for the administration thereof. Said hearing shall be held not less than thirty
(30) days nor more than sixty (60) days after the giving of public notice of said hearing.
1-203 Notice of Public Hearing; Publication.
(A) The City shall prepare a notice of the designation hearing which shall include:
(1) The time and place of the hearing;
(2) The place at which materials relating to the matter to be designated and any guidelines
and regulations for the administration thereof may be examined;
(3) The telephone number and e-mail address where inquiries may be answered;
(4) A description of the area or activity proposed to be designated in sufficient detail to
provide reasonable notice as to property which would be included.
(B) At least thirty (30) days, but no more than sixty (60) days before the public hearing, the
City shall publish the notice in a newspaper of general circulation in the City and shall mail
the notice to each of the following as deemed appropriate in the City’s discretion:
(1) State and federal agencies;
(2) Any local government jurisdiction that would be directly or indirectly affected by the
designation.
1-204 Matters to be Considered at Designation Hearing.
At the public hearing, the City Council shall receive into the public record:
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(A) Testimony and evidence from any and all persons or organizations desiring to appear and
be heard, including City staff;
(B) Any documents that may be offered; and
(C) The recommendation of the Planning and Zoning Commission.
1-205 Record of Designation Proceeding.
The City Council shall collect and preserve the following record of the public hearing:
1-206 Adoption of Designations and Regulations.
(A) City Council shall consider the following when determining whether to designate an area
or activity to be of state interest:
(1) All testimony, evidence and documents taken and admitted at the public hearing;
(2) The intensity of current and foreseeable development pressures in the City;
(3) The matters and considerations set forth in any applicable guidelines or model
regulations issued by the Colorado Land Use commission and other State agencies; and
(4) 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.
(B) Any City Council order designating an area or activity to be of state interest and the
adoption of any regulations for the administration of an area or activity of state interest
shall be by ordinance.
(C) In the event the City Council finally determines that any matter is a matter of state interest
within the City, it shall be the City Council’s duty to designate such matter and adopt
regulations for the administration thereof.
(D) Each designation order adopted by the City Council shall:
(1) Specify the boundaries of the designated area of state interest or the boundary of the
area in which an activity of state interest has been designated; and
(2) 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.
1-207 Effect of Designation – Moratorium Until Final Determination.
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After a matter of state interest is designated, no person shall engage in development in such area
and no such activity shall be conducted until the designation and regulations for such area or
activity are finally determined as required by Section 24-65.1-404 (4), C.R.S.
1-208 Mapping Disputes.
Where interpretation is needed as to the exact location of the boundary of any designated area and
where there appears to be a conflict between a mapped boundary and actual field conditions, the
City Council shall make the necessary boundary determination at a public hearing after providing
notice pursuant to Section 1-203.
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DIVISION 1
Administrative Regulations
Section 3
Designated Activities of State Interest
1-301 Designated Activities of State Interest.
The City Council has designated the following matters of state interest for regulation:
(A) Site Selection and Construction of Major New Domestic Water and Sewage
Treatment Systems and Major Extension of Existing Domestic Water and Sewage
Treatment Systems (Ordinance No. 22, 2021)
(B) Site Selection of Arterial Highways and Interchanges and Collector Highways
(Ordinance No. 22, 2021)
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DIVISION 1
Administrative Regulations
Section 4
Exemptions
1-401 Exemptions.
These Regulations are not applicable to the following:
(A) Any use otherwise lawfully existing on the date the area or activity is designated or
subjected to these Regulations which use becomes nonconforming as a result of the
adoption of these Regulations. Such nonconforming uses shall be governed by Division
1.5 with the exception that enlargement or expansion of nonconforming uses shall require
a permit under these Regulations. An enlargement or expansion requiring a permit shall
not include the maintenance, repair or replacement of existing buildings or structures
associated with such use, including retrofitting or updating technology, provided any
changes do not result in a material change as determined by the Director. Enlargements or
expansions not requiring a permit may still be subject to Section 1.5.5.
(B) Any approved development plan that would be subject to these Regulations but for which
a currently valid building permit has been issued by the City as of the effective date of
these Regulations.
(C) Any proposed project that would be subject to these Regulations but does not meet the
Land Use Code definition of development.
(D) Any development plan that would be subject to these Regulations but has received final
plan approval as of the effective date of these Regulations so long as the vested rights for
such final plan have not expired. The exemption does not apply to any subsequent
modifications to the approved final plan or expansion of the development site that was not
included within the City approved application and for which a new or revised development
application is required.
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Division 2
Permits
Section 1 Permit Authority
2-101 Permit Authority Established
Section 2 Intergovernmental Agreement In Lieu of Permit
2-201 Intergovernmental Agreement In Lieu of Permit
Section 3 Permit Application Procedures
2-301 Application Procedure Overview
2-302 Application Fee; Financial Security Waiver
2-303 Determination of Level of Permit Review
2-304 Pre-Application Area or Activity Review
2-305 Neighborhood Meeting
2-306 Application Submission Requirements
2-307 Determination of Completeness
2-308 Referral Agencies
2-309 Simultaneous Processing of Associated Development Applications
2-310 Combined Application for Multiple Activities or Development in More than One
Area of State Interest.
2-311 Permit Decision Making Procedures
2-312 Conduct of Full Permit Hearings
2-313 Approval or Denial of Permit Application
2-314 Issuance of Permit, Conditions
Section 4 Common Review Standards
2-401 Review Standards for All Applications
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DIVISION 2
Permits
Section 1
Permit Authority
2-101 Permit Authority Established.
(A) The Fort Collins Permit Authority is hereby established consisting of the Fort Collins
City Council, or with respect to matters delegated by these Regulations, the Director
and the Planning and Zoning Commission.
(B) The Director shall be the decision maker regarding issuing or not issuing a FONSI,
level of permit review, and administrative permits. Administrative permits are
reviewed pursuant to the basic development review procedure set forth in Divisions
2.18 and 2.20 and these Regulations.
(C) The Planning and Zoning Commission shall be the decision maker regarding appeals
of Director FONSI, level of permit review, and administrative permit decisions and
recommendations to City Council regarding full permits.
(D) The City Council shall be the decision maker regarding appeals of Planning and
Zoning Commission decisions regarding the appeal of Director FONSI, level of
permit review, and administrative permit decisions and full permits. Full permits are
reviewed pursuant to the procedure set forth in Division 2.20 and these Regulations.
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Division 2
Permits
Section 2
Intergovernmental Agreement In Lieu of Permit
2-201 Intergovernmental Agreements.
Upon the request of the State of Colorado or a political subdivision of the State, as defined by
Section 29-1-202, C.R.S., proposing to engage in a designated activity of state interest or
development in a designated area of state interest, the requirements of these Regulations may be
met by the approval of an intergovernmental agreement between the City and the State or political
subdivision applicant. The City Council may, but shall be under no obligation to, approve such an
intergovernmental agreement in lieu of requiring an approved permit pursuant to these Regulations
and the approval of any intergovernmental agreement is a legislative act that must occur by
ordinance. In the event such an agreement is approved by the City, no approved permit application
shall be required, provided that all of the following conditions are met:
(A) The State or political subdivision applicant and the City must both be authorized by Article
XIV, Section 18(2) of the Colorado Constitution and Section 29-1-201, et seq., to enter
into the agreement.
(B) The purpose and intent of these Regulations must be satisfied by the terms of the
agreement.
(C) Action on the proposed intergovernmental agreement by the governing body of the State
or political subdivision applicant must be in the manner required of it by the Colorado
Constitution and statutes.
(D) Exercise of the provisions of this Section by the State or political subdivision applicant will
not prevent that entity from electing at any time to seek a permit pursuant to these
Regulations. Additionally, any entity which has previously proceeded under the permit
provisions of these Regulations may at any time elect to proceed instead under this Section.
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Division 2
Permits
Section 3
Permit Application Procedures
2-301 Application Procedure Overview.
The application procedure for activities and areas of state interest are described in Land Use
Code Division 2.20 and in these Regulations and must be read together along with other
applicable portions of the Land Use Code in order to fully understand the procedure. The
following summary of the procedure is provided for convenience:
(A) Conceptual/Preliminary Design Review. A proposed development plan first undergoes a
conceptual or preliminary design review to determine whether the project may be subject
to these Regulations unless waived pursuant to Section 2.20(C)(1). Based upon the
conceptual or preliminary design review, proposed development plans that may be
subject to these regulations must then undergo a pre-application area or activity review.
(B) Pre-application Area or Activity Review. In addition to providing information on the
application requirements and the review process, the purpose of the pre-application area
or activity review is to determine the level of permit review as described in Sections 2-
303 and 2-304 and whether the permit is:
(1) Not likely to have significant adverse impacts, a finding of no significant impact or
FONSI, and is not subject to these Regulations. The decision to issue or not issue a
FONSI is subject to appeal to the Planning and Zoning Commission; or
(2) Subject to administrative permit review; or
(3) Subject to full permit review.
(C) Unless waived pursuant to Section 2-305, a neighborhood meeting must be conducted at
least ten (10) days prior to submittal of a permit application.
(D) Once at least ten (10) have passed after the neighborhood meeting, if required, a permit
application may be submitted, and the application submission requirements are described
in Section 2-306.
(E) Upon submittal of an application, City review of the application shall not commence until
the Director determines that the application is complete or has informed the applicant of
any additional information required for the application to be deemed complete pursuant
to Section 2-307. Once an application is deemed complete, referral agencies will be
informed of the application pursuant to Section 2-307.
(F) Once the permit application has been fully reviewed, it is ready for a decision and the
timing and procedure for making a decision are described in Sections 2-311 through 2-
314.
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(G) The Director’s decisions to issue or not issue a FONSI, determining the appropriate level
of permit review, and to approve or not approve an administrative permit are subject to
appeal to the Planning and Zoning Commission. The Planning and Zoning Commission
decision on appeal of any of these Director’s decisions is subject to further appeal to City
Council.
2-302 Application Fee; Financial Security Waiver.
(A) Each pre-application area or activity review application and development application for a
permit submitted must be accompanied by the fees established pursuant to Section
2.2.3(D). The Director may determine at any time during the pre-application review and
development application review process that it is necessary to retain a third-party
consultant to assist in reviewing the application pursuant to Section 2.2.3(D).
(B) A referral agency may impose a fee for the review of a development application and the
applicant shall pay such fee. No hearings by the Permit Authority will be held if any such
referral agency’s fee has not been paid.
2-303 Determination of Level of Permit Review.
The Director shall make the initial determination whether a permit is required pursuant to these
Regulations. There are two levels of permit review under these Regulations: (1) administrative
permit review for which the Director is the decision maker; and (2) full permit review for which
the City Council is the decision maker. The Director shall determine the appropriate level of
permit review based upon the pre-application area and activity review meeting described in
Section 2-304 and any required follow up information or third-party consultation.
(A) FONSI. Based on the information provided at and for the pre-application area and
activity review meeting as described in Section 2-304 and any required follow up
information or third-party consultation, the Director may make a finding that no
significant impacts, or FONSI, are likely to occur from the proposed development plan
and therefore a permit under these Regulations is not required.
(1) The Director may issue a FONSI if the construction or operation of the proposed
development plan in its proposed location without additional mitigation is unlikely to
have any significant adverse impact(s) within the city in consideration of the
applicable approval criteria in these Regulations. The decision to issue or not issue a
FONSI shall be in writing and describe in detail how this criterion has or has not been
met. At the applicant’s cost, the written decision shall be mailed to the applicant, to
the property owners within one-thousand (1000) feet in all directions of the location
of the proposed development plan and shall also be posted on the City's website at
www.fcgov.com.The Director decision to issue or not issue a FONSI is subject to
appeal to the Planning and Zoning Commission pursuant to Land Use Code Section
2.2.12(D).
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20
(2) If the Director issues a FONSI, the applicant does not need to submit a permit
application under these Regulations. However, issuance of a FONSI does not exempt
the proposed development plan from all Land Use Code requirements and an
alternative review process may be required.
(B) If the Director determines a FONSI is not appropriate and the proposed development plan
is subject to these Regulations, the Director shall determine whether the proposed
development plan should be subject to the administrative permit review or full permit
review process. The Director shall make the determination based on the following
criteria:
Administrative Permit Full Permit
Whether the proposed development
plan has received written consent from
affected property owners or obtained
easements necessary for completion of
the proposed development plan, and
Whether the development plan requires the
use of eminent domain, or
Whether the proposed development
plan will likely result in significant
adverse impacts in only one (1)
category of development standards.
Whether the proposed development plan
will likely result in significant adverse
impacts in two (2) or more categories of
approval criteria.
(1) The Director’s determination of the appropriate level of review shall be based upon
information provided for and at the pre-application review, any additional
information the Director requests from the applicant after the pre-application review,
and any third-party consultant input.
(2) At any time prior to the final decision on a permit application, the Director may
determine that information received subsequent to the level of permit determination
indicates that the nature and scope of the impacts are that of a different level of permit
review. If a different level of permit review is required, the Director shall notify the
applicant in writing within seven (7) days of the Director’s revised determination. If a
revised determination is issued subsequent to the permit application being deemed
complete pursuant to Section 2-307, the schedule and procedure described in Section
2-311 shall reset from the date such revised determination is made as though the
application had been deemed complete on the revised determination date.
(3) Each Director determination or revised determination shall be in writing and describe
in detail the reasons for the determination. The Director shall make this determination
within twenty-eight (28) days after the latter of the pre-application review meeting or
the date of receipt of any requested additional information or third-party consultation.
Each determination shall be in writing and describe in detail the basis for the
determination. At the applicant’s cost, the written decision shall be mailed to the
applicant, to the property owners within one-thousand (1000) feet in all directions of
the location of the proposed development plan and shall also be posted on the City's
website at www.fcgov.com. Director determinations and revised determinations are
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21
subject to appeal to the Planning and Zoning Commission pursuant to Land Use Code
Section 2.2.12(D).
(4) The Director’s initial level of review determination and any revised determination
pursuant to (2) above are subject to appeal pursuant to Land Use Code Section
2.2.12(D). The filing of a timely notice of appeal pursuant to Section 2.2.12(D) shall
prevent the Director from revising a determination and decision issued to resolve the
appeal is not subject to Director revision. The filing of a timely notice of appeal shall
stay any time period set forth in Section 2-311 until the appeal is decided and a
change in the level of review from administrative to full permit or vice versa shall
reset the schedule and procedure described in Section 2-311.
2-304 Pre-Application Area or Activity Review.
(A) After conceptual or preliminary design review has occurred or has been waived pursuant
to Section 2.20(C)(1), and before holding a neighborhood meeting or submitting a permit
application, the Director shall require a pre-application area or activity review for proposed
development plans that may be subject to these Regulations.
(B) To schedule the pre-application area or activity review, the applicant must first provide the
Director with the following:
(1) Names and addresses of all persons proposing the activity or development;
(2) Name and qualifications of the person(s) responding on behalf of the applicant;
(3) A written summary of the proposed development plan including a map prepared at an
easily readable scale showing:
(a) The boundaries of the proposed development plan;
(b) The relationship of the proposed development plan to surrounding topographic and
cultural features such as roads, streams and existing structures;
(c) Proposed buildings, improvements and infrastructure to be constructed as part of
the proposed development plan; and
(d) A written summary of the proposed development plan that sufficiently describes
the impacts of the proposed development plan as it relates to applicable approval
standards set forth in these Regulations.
(4) The required application fee and applicant agreement to pay the costs of the Director
retaining third-party consultants necessary to assist the Director in making the
determination of the appropriate level of review pursuant to Section 2-303; and
(5) Any additional information requested by the Director as necessary to make a
determination of the appropriate level of review pursuant to Section 2-303.
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(C) The purpose of the pre-application meeting is to determine the appropriate permit, if any,
required for the proposed development plan, application submittal requirements,
procedural requirements, and relevant agencies to coordinate with as part of any permit
review process. Topics of discussion may include, as relevant to the specific application,
but are not limited to:
(1) Characteristics of the activity, including its location or potential locations, significant
natural and man-made features, with particular attention to natural hazard, resource or
other special areas; the size and accessibility of the site; surrounding development and
land uses; and its potential impact on surrounding areas, including potential
environmental effects and planned mitigation strategies.
(2) The nature of the development proposed, including land use types and their densities;
placement of proposed buildings, pipelines, structures, operations, and maintenance;
the protection of natural habitats and features; proposed parking areas and internal
circulation system, including trails, the total ground coverage of paved areas and
structures; and types of water and wastewater treatment systems proposed.
(3) Community policy considerations, including the review process and likely conformity
of the proposed development with the policies and requirements of these Regulations.
(4) Applicable regulations, review procedures and submission requirements.
(5) Other regulatory reviews or procedures to which the applicant is subject, the applicant's
time frame for the proposed development plan, and other applicant concerns.
(D) In addition to providing the applicant with a written determination pursuant to Section 2-
303 of the appropriate level of review, if any, the Director shall provide the applicant with
written comments, to the extent such comments differ from comments provided for any
conceptual or preliminary design review, regarding the proposal to inform and assist the
applicant in preparing components of the permit application.
2-305 Neighborhood meeting.
Unless waived pursuant to this Section, a neighborhood meeting is required pursuant to Section
2.2.2. The meeting must be held at least ten (10) days prior to submission of a permit application
to the Director for completeness review pursuant to these Regulations. The Director may waive
this requirement only for a proposed development plan determined to be subject to administrative
permit review if the Director determines such development plan would not have significant
neighborhood impacts. A neighborhood meeting may not be waived for a proposed development
plan determined to be subject to full permit review. Notice of the neighborhood meeting shall be
given in accordance with Section 2.2.6(A), (B) and (D).
2-306 Application Submission Requirements.
In addition to specific submission requirements for the activities addressed in Divisions 3, 4 and
5, all applications for a permit under these Regulations shall be accompanied by the following
materials, as appropriate in the number required by the Director:
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23
(A) Completed application form in the format established by the Director.
(B) Any plan, study, survey or other information, in addition to the information required by
this Section, at the applicant’s expense, as in the Director’s judgment is necessary to enable
the Permit Authority to make a determination on the application. Such additional
information may include applicant’s written responses to comments by a referral agency.
Additional materials may be required by the Director for a particular type of proposed development
plan. To the extent an applicant has prepared or submitted materials for a federal, state, county, or
city permit which are substantially the same as required herein, a copy of those materials may be
submitted to satisfy the corresponding requirement below.
2-307 Determination of Completeness.
(A) No permit application may be processed, nor shall a full permit be deemed received
pursuant to Section 24-65.1-501(2)(a), until the Director has determined it to be complete.
Following the pre-application review meeting and neighborhood meeting, the applicant
may submit a permit application only after at least ten (10) days have passed since the
neighborhood meeting and any application must be in the form approved as Appendix B
or C, as applicable to the chosen activity or activities of state interest being applied for.
Upon submittal of the application, the Director shall determine whether the application is
complete or whether additional information is required, and if so, shall inform the applicant
and pause the completeness review until information is received. Any request for waiver
of a submission requirement shall be processed prior to the Director making a
determination that an application is complete.
(B) When the Director has determined that a submitted application is complete, the Director
shall note upon the application the date and hour of its receipt. Only upon the Director’s
determination that an application is complete may the City’s formal review process
commence pursuant to these Regulations.
2-308 Referral Agencies.
All permit applications under these Regulations shall be referred to internal and external review
agencies as determined by the Director. Copies of any such referral agency comments received
shall be promptly forwarded to the applicant for its response.
2-309 Simultaneous Processing of Associated Development Applications.
If a development plan subject to these Regulations contains project components not subject to
these Regulations but subject to other requirements in the Land Use Code that result in a different
development application, then both development applications can be processed simultaneously.
2-310 Combined Application for Multiple Activities or Development in More than One
Area of State Interest.
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24
When approval is sought to conduct more than one activity of state interest, engage in development
in more than one area of state interest, or a combination of activities and areas, a combined
application may be completed for all activities or developments in areas determined to have the
same level of review pursuant to Section 2-303 and may be reviewed simultaneously and a single
permit issued. The City reserves the right to charge an application fee pursuant to Section 2-302
of these Regulations for each activity or area that is the subject of a combined application.
2-311 Permit Decision Making Procedures
When an application has been determined complete by the Director pursuant to Section 2-307 of
these Regulations, then, and only then, shall the permit review process commence. At that time,
the following schedule shall apply:
(A) Administrative Permits. For administrative permits, no public hearing is held, and the
application is reviewed and decided pursuant to the basic development review procedure
set forth in Divisions 2.18 and 2.20 and these Regulations. The Director decision on an
administrative permit must be issued within ninety (90) days of the date the application is
determined to be complete pursuant to Section 2-307 or the application shall be deemed
approved. To the extent a permit is deemed approved because the Director has not made a
decision, issuance of a written decision pursuant to Section 2.18.3(G) is not required.
(B) Full Permits. No later than thirty (30) days after the receipt of a completed application, the
Director will schedule a hearing before City Council. The thirty (30) day period to schedule
the hearing may be extended if the applicant agrees to an extension in writing. Prior to such
hearing, the Planning and Zoning Commission shall forward a recommendation to City
Council to approve, approve with conditions, or deny the permit application.
(1) Upon setting a hearing date, the Director shall publish notice once in a newspaper of
general circulation in the City of Fort Collins containing:
(a) The date, time, and place of each permit hearing not less than thirty (30) nor more
than sixty (60) days before the date set for the hearing. The thirty (30) and sixty
(60) day periods may be extended if the applicant agrees to an extension in writing.
(b) The date, time, and place of the Planning and Zoning Commission hearing where a
recommendation will be made at least seven (7) days prior to the hearing.
(2) At least fourteen (14) days prior to a City Council full permit hearing, the Director shall
mail notice of the date, time, and place of the hearing to the applicant and to property
owners pursuant to Section 2.2.6. Notice of the Planning and Zoning Commission
hearing where a recommendation will be made shall also be mailed at least fourteen
(14) days prior to such hearing pursuant to Section 2.2.6.
2-312 Conduct of Full Permit Hearing.
City Council full permit hearings and the associated Planning and Zoning Commission hearings
where a recommendation is made shall follow the requirements and procedures of Section 2.2.7.
With regards to hearings before City Council, the public hearing process shall be deemed
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25
completed at the closing of the public hearing. No further comments or evidence will be received
from the public, agencies or applicant, including at any general public comment period for a City
Council meeting or public comment associated with a specific agenda item such as a designation
associated with a permit application, unless specifically authorized by the Permit Authority by
reopening the public hearing.
2-313 Approval or Denial of Permit Application.
(A) The burden of proof shall be upon the applicant to show compliance with all applicable
standards of the Regulations.
(B) If the Permit Authority finds that there is insufficient information concerning any of the
applicable standards, the Permit Authority may deny the permit, may approve with
conditions which if fulfilled, would bring the development plan into compliance with all
applicable standards, or in the case of a full permit, may continue the public hearing, or
reopen a previously closed public hearing, for additional information to be received.
However, no such continuance may exceed sixty (60) days unless agreed to by the Permit
Authority and the applicant.
(C) The Permit Authority shall approve a permit application if the proposed development plan
satisfies all applicable review standards of these Regulations. The Permit Authority may
also impose additional conditions pursuant to Section 2-314 on any permit.
(D) For full permits:
(1) City Council may close the public hearing and make a decision, or it may continue the
matter for a decision only. However, City Council shall make a decision by majority
vote within one hundred twenty (120) days after the closing of the public hearing, or
the permit shall be deemed approved. To the extent the public hearing is reopened and
closed, the closing date of the public hearing shall be measured from the most recent
closing date.
(2) No later than the date of its next regular meeting after making its decision, City Council
shall adopt by resolution findings of fact in support of its decision and, if approved, the
written permit shall be attached to such resolution. To the extent a permit is deemed
approved because City Council has not made a decision, adoption of such a resolution
is not required.
(E) For administrative permits, decisions shall be issued pursuant to Division 2.18.
Administrative permit decisions may be appealed to the Planning and Zoning Commission
for a de novo review and decision pursuant to Sections 2.2.12(C) and 2.18.3(L).
2-314 Issuance of Permit; Conditions.
(A) The Permit Authority may attach conditions to the permit pursuant to Section 2.2.9 and
additional conditions to ensure that the purpose and requirements of these Regulations are
continuously met.
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(B) Issuance of a permit signifies only that a development plan has satisfied, or conditionally
satisfied, the applicable Regulations, and prior to commencing any development,
conditions of the permit, additional Land Use Code, Code of the City of Fort Collins, other
City requirements, or other state or federal requirements, may need to be met.
(C) The permit may be issued for an indefinite term, or for a specified period of time, depending
upon the size and complexity of the development plan.
(D) If the permittee fails to take substantial steps to initiate the permitted development plan
within twelve (12) months from the date of the permit or such other time period specified
in the permit, or if such steps have been taken but the applicant has failed to complete the
development with reasonable diligence, then the permit may be revoked or suspended in
accordance with Section 5-201. This time may be extended by the Director for only one
(1) additional year upon a showing of substantial progress.
(E) All issued permits shall require that the permittee notify all fee owners of real property to
be used in completing the approved development plan that failure of the permittee to
comply with permit conditions may result in foreclosure of a City lien.
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Division 2
Permits
Section 4
Common Review Standards
2-401 Review Standards for All Applications.
In addition to the review standards for specific activities listed at Divisions 3 and 4, all applications
under these Regulations shall be evaluated against the following general standards, to the extent
applicable or relevant to the development plan, in the Permit Authority’s reasonable judgment.
(A) All of the provisions of the permit application procedure have been complied with.
(B) The health, welfare and safety of the citizens of the City will be protected and served.
(C) The proposed activity is in conformance with the Fort Collins Comprehensive Plan and
other duly adopted plans of the City, or other applicable regional, state or federal land
development or water quality plan.
(D) The development plan is financially feasible. The determination of financial feasibility of
the development plan may include but is not limited to the following considerations:
(1) The business plan submitted by the applicant.
(2) Relevant bond issue, loan and other financing approval or certifications including an
approved bond issue or bond counsel opinion.
(E) The development plan will not create an undue financial burden on existing or future
residents of the City.
(F) The development plan is not subject to significant risk from natural or human caused
environmental hazards. The determination of risk from natural hazards to the development
plan may include but is not limited to the following considerations:
(1) Unstable slopes including landslides and rock slides.
(2) Expansive or evaporative soils and risk of subsidence.
(3) Wildfire hazard areas.
(4) Floodplains.
(G) The development plan will not have a significant adverse effect on the capability of local
governments affected by the development plan to provide local infrastructure and services
or exceed the capacity of service delivery systems. The determination of the effects of the
development plan on local government services may include but is not limited to the
following considerations:
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(1) Current and projected capacity of roads, schools, infrastructure, drainage and/or
stormwater infrastructure, housing, and other services necessary to accommodate
development, and the impact of the development plan upon the current and projected
capacity.
(2) Changes caused by the development plan in the cost of providing education,
transportation networks, water treatment and wastewater treatment, stormwater
drainage, channel stabilization, bridges, emergency services, or other governmental
services or facilities.
(3) Need for temporary roads to access the development plan for construction and
maintenance.
(H) The development plan will not have a significant adverse effect on the quality or quantity
of recreational opportunities and experience. The determination of effects of the
development plan on recreational opportunities and experience may include but is not
limited to the following considerations:
(1) Changes to existing and projected visitor days.
(2) Changes in quality and quantity of fisheries.
(3) Changes in instream flows or reservoir levels.
(4) Changes in access to recreational resources.
(5) Changes to quality and quantity of hiking, biking, or horseback riding trails.
(6) Changes to regional open space.
(7) Changes to existing conservation easements.
(8) Changes to City parks, trails, natural areas, or recreation facilities.
(I) The development plan will not significantly degrade existing visual quality. The
determination of visual effects of the development plan may include but is not limited to
the following considerations:
(1) Visual changes to ground cover and vegetation, waterfalls and streams, or other natural
features.
(2) Interference with viewsheds and scenic vistas.
(3) Changes in landscape character types of unique land formations.
(4) Compatibility of structure size and color with scenic vistas and view sheds.
(5) Changes to regional open space.
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(6) Changes to existing conservation easements.
(7) Changes to City parks, trails, natural areas, or recreation facilities.
(J) The development plan will not significantly degrade air quality. The determination of
effects of the development plan on air quality may include but is not limited to the
following considerations:
(1) Changes in visibility and microclimates.
(2) Applicable air quality standards.
(K) The development plan will not significantly degrade surface water quality. The
determination of effects of the development plan on surface water quality may include but
is not limited to the following considerations:
(1) Changes to existing water quality, including patterns of water circulation, temperature,
conditions of the substrate, extent and persistence of suspended particulates and clarity,
odor, color or taste of water;
(2) Applicable narrative and numeric water quality standards.
(3) Changes in point and nonpoint source pollution loads.
(4) Increase in erosion.
(5) Changes in sediment loading to waterbodies.
(6) Changes in stream channel or shoreline stability.
(7) Changes in stormwater runoff flows.
(8) Changes in trophic status or in eutrophication rates in lakes and reservoirs.
(9) Changes in the capacity or functioning of streams, lakes or reservoirs.
(10) Changes to the topography, natural drainage patterns, soil morphology and
productivity, soil erosion potential, and floodplains.
(11) Changes to stream sedimentation, geomorphology, and channel stability.
(12) Changes to lake and reservoir bank stability and sedimentation, and safety of existing
reservoirs.
(L) The development plan will not significantly degrade groundwater quality. The
determination of effects of the development plan on groundwater quality may include but
is not limited to the following considerations:
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(1) Changes in aquifer recharge rates, groundwater levels and aquifer capacity including
seepage losses through aquifer boundaries and at aquifer-stream interfaces.
(2) Changes in capacity and function of wells within the impact area.
(3) Changes in quality of well water within the impacted area.
(M) The development plan will not significantly degrade wetlands and riparian areas. In
determining impacts to wetlands and riparian areas, the following considerations shall
include but not be limited to:
(1) Changes in the structure and function of wetlands.
(2) Changes to the filtering and pollutant uptake capacities of wetlands and riparian
areas.
(3) Changes to aerial extent of wetlands.
(4) Changes in species' characteristics and diversity.
(5) Transition from wetland to upland species.
(6) Changes in function and aerial extent of floodplains.
(N) The development plan shall not significantly degrade the quality of terrestrial and aquatic
animal life. In determining impacts to terrestrial and aquatic animal life, the following
considerations shall include but not be limited to:
(1) Changes that result in loss of oxygen for aquatic life.
(2) Changes in flushing flows.
(3) Changes in species composition or density.
(4) Changes in number of threatened or endangered species.
(5) Changes to habitat and critical habitat, including calving grounds, mating grounds,
nesting grounds, summer or winter range, migration routes, or any other habitat
features necessary for the protection and propagation of any terrestrial animals.
(6) Changes to habitat and critical habitat, including stream bed and banks, spawning
grounds, riffle and side pool areas, flushing flows, nutrient accumulation and cycling,
water temperature, depth and circulation, stratification and any other conditions
necessary for the protection and propagation of aquatic species.
(7) Changes to the aquatic and terrestrial food webs.
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(O) The development plan shall not significantly degrade the quality of terrestrial and aquatic
plant life. In determining impacts to terrestrial and aquatic animal life, the following
considerations shall include but not be limited to:
(1) Changes to habitat of threatened or endangered plant species.
(2) Changes to the structure and function of vegetation, including species composition,
diversity, biomass, and productivity.
(3) Changes in advancement or succession of desirable and less desirable species,
including noxious weeds.
(4) Changes in threatened or endangered species.
(P) The development plan will not significantly degrade or impact natural habitats and
features as defined in Land Use Code Section 3.4.1.
(Q) The development plan will not significantly deteriorate soils and geologic conditions. The
determination of effects of the development plan on soils and geologic conditions may
include but is not limited to the following considerations:
(1) Loss of topsoil due to wind or water forces.
(2) Changes in soil erodibility.
(3) Physical or chemical soil deterioration.
(4) Compacting, sealing and crusting.
(R) The development plan will not cause a nuisance. The determination of nuisance effects of
the development plan may include but is not limited to the following considerations:
increase in odors, dust, fumes, glare, heat, noise, vibration or artificial light.
(S) The development plan will not result in unreasonable risk of releases of, or exposures to,
hazardous materials or regulated substances. The determination of the risk of release of, or
increased exposures to, hazardous materials or regulated substances caused by the
development plan may include but is not limited to the following considerations:
(1) Plans for compliance with federal and state handling, storage, disposal, and
transportation requirements.
(2) Use of waste minimization techniques.
(3) Adequacy of spill prevention and response plans.
(T) For applications requiring an evaluation of alternatives, the proposed development plan
must, to the extent reasonably feasible, be the least environmentally impactful alternative
among the alternatives analyzed.
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Division 3
Regulations for Site Selection and Construction of Major New Domestic
Water and Sewage Treatment Systems and Major Extension of Such Systems
Section 1 General Provisions
3-101 Applicability
3-102 Purpose and Intent Designation of Site Selection and Construction of Major New
Domestic Water and Treatment Systems and Major Extension of Such Systems
Section 2 Specific Review Standards
3-201 Specific Review Standards for Major New Domestic Water or Sewage Treatment
Systems or Major Extensions
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Division 3
Regulations for Site Selection and Construction of Major New Domestic
Water and Sewage Treatment Systems and Major Extension of Such Systems
Section 1
General Provisions
3-101 Applicability.
These Regulations shall apply to the site selection and construction of all major new domestic
water and sewage treatment systems, and major extensions of such systems, wholly or partially
within the municipal boundaries of the City.
3-102 Purpose and Intent.
The specific purpose and intent of this Division 3 are:
(A) To ensure that new domestic water and sewage treatment systems and major extensions of
such systems are constructed in areas which will result in the proper utilization of existing
treatment plants and the orderly development of domestic water and sewage treatment
systems within the City;
(B) To ensure that site selection and construction of major new domestic water and sewage
treatment systems and major extensions of such systems are conducted in such a manner
as to minimize environmental impacts associated with such development;
(C) To ensure that site selection and construction of major new domestic water and sewage
treatment systems and major extensions of such systems are planned and developed in a
manner so as not to impose an undue economic burden on existing or proposed
communities within the City;
(D) To ensure that urban development, population densities, and site layout and design of
water, wastewater, storm water and sanitation systems shall be accomplished in a manner
that will prevent the pollution of aquifer recharge areas;
(E) To ensure that the off-site impacts of new domestic water and sewage treatment systems
are effectively mitigated; and
(F) To ensure that the surface and groundwater resources of the City are protected from any
adverse impact of the development of major water and sewage treatment systems and major
extensions of such systems.
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Division 3
Regulations for Site Selection and Construction of Major New Domestic
Water and Sewage Treatment Systems and Major Extension of Such Systems
Section 2
Specific Review Standards
3-201 Specific Review Standards for Major New Domestic Water or Sewage Treatment
Systems or Major Extensions.
A permit application for the site selection and construction of a major new domestic water or
sewage treatment system or major extension of such system shall be approved with or without
conditions only if the development plan complies with the review standards in Section 2-401 and
the below standards, to the extent applicable or relevant. If the Permit Authority finds the
development plan does not comply with all applicable standards, the permit shall be denied or, in
the discretion of the Permit Authority, may be approved with conditions which if fulfilled, would
bring the development plan into compliance with all applicable standards. The Permit Authority
may also impose additional conditions pursuant to Section 2-314. The specific review standards
are:
(A) New domestic water and sewage treatment systems shall be constructed in areas which will
result in the proper use of existing treatment plants and the orderly development of
domestic water and sewage treatment systems within the City;
(B) Adequate water supplies, as determined by the Colorado Department of Health, are
available for efficient operational needs;
(C) Existing domestic water treatment systems servicing the area must be at or near operational
capacity;
(D) Existing domestic sewage treatment facilities servicing the area must be at or greater than
eighty percent (80%) of operational capacity;
(E) The scope and nature of the proposed development will not compete with existing water
and sewage services or create duplicative services;
(F) Age of existing water and sewage systems, operational efficiency, state of repair or level
of treatment is such that replacement is warranted;
(G) Area and community development and population trends demonstrate clearly a need for
such development;
(H) Existing facilities cannot be upgraded or expanded to meet waste discharge permit
conditions of the Colorado Water Quality Control Commission;
(I) Easements can be obtained for any associated transmission line or interceptor line that will
serve existing and proposed needs;
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35
(J) The benefits of the proposed development plan outweigh the losses of any natural resources
or agricultural lands rendered unavailable of less productive as a result of the proposed
development;
(K) The proposed development plan, if for a domestic water system, is capable of providing
water meeting the requirements of the Colorado Department of Health and other state and
federal water quality requirements; and
(L) All jurisdictions receiving water diverted from within City limits must demonstrate adopted
policies, regulations and programs related to water conservation are sufficient to reduce
lower per capita water use over time. Such policies, regulations and programs may include
but not be limited to:
(1) Green plumbing code.
(2) Indoor efficiency standards.
(3) Reuse of water.
(4) Smart meters.
(5) Submetering multifamily units.
(6) Incentive and rebate programs to reduce water use.
(7) Demand-based tap fees.
(8) Xeriscape/turf limitations code requirements.
(9) Irrigation efficiency code requirements.
(10) Post-occupancy violations.
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Division 4
Site Selection of Arterial Highways
and Interchanges and Collector Highways
Section 1 General Provisions
4-101 Applicability
4-102 Purpose and Intent
Section 2 Specific Standards
4-201 Specific Review Standards for Arterial Highway, Interchange or Collector Highway
Projects
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Division 4
Site Selection of Arterial Highways
and Interchanges and Collector Highways
Section 1
General Provisions
4-101 Applicability.
This Division shall apply to the site selection of all arterial highways and interchanges and
collector highways wholly or partially within the municipal boundaries of the City.
4-102 Purpose and Intent.
The specific purpose and intent of this Division are:
(A) To facilitate the local administration of site selection of arterial highways and interchanges
and collector highways by establishing requirements which must be met before a site may
be selected;
(B) To ensure that community traffic needs are met;
(C) To provide for the continuation of desirable community patterns;
(D) To discourage expansion of demand for government services beyond the reasonable
capacity of the community or region to provide such services as determined by the City;
(E) To prevent direct conflicts with local, regional and state master plans;
(F) To ensure that highway and interchange development is compatible with surrounding land
uses;
(G) To encourage the coordination of highway planning with community and development
plans;
(H) To discourage traffic hazards and congestion;
(I) To minimize sources of traffic noise, air and water pollution;
(J) To protect scenic, natural, historical and archeological resources from destruction; and
(K) To ensure that site selection of arterial highways, interchanges and collector highways
occurs so that community land use, economic development, and traffic needs are met,
desirable community patterns are not disrupted, historic, natural and archeological values
are preserved, and such site selection conforms to the City’s Comprehensive Plan, as well
as regional and state master plans.
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38
Division 4
Site Selection of Arterial Highways
and Interchanges and Collector Highways
Section 2
Specific Standards
4-201 Specific Review Standards for Arterial Highway, Interchange or Collector Highway
Projects.
A permit for the site selection of an arterial highway, interchange or collector highway shall be
approved with or without conditions only if the proposed development plan complies with the
review standards in Section 2-401 and the below standards, to the extent applicable or relevant. If
the Permit Authority finds the development plan does not comply with all applicable standards,
the permit shall be denied or, in the discretion of the Permit Authority, may be approved with
conditions which if fulfilled, would bring the development plan into compliance with all applicable
standards. The Permit Authority may also impose additional conditions pursuant to Section 2-314.
The specific review standards are:
(A) The proposed arterial highway, interchange or collector highway will be located so that
community traffic needs are met;
(B) The closure of frontage roads in association with arterial highways, interchanges and
collector highways occurs in a coordinated manner with the City and do not cause traffic
impacts.
(C) The proposed arterial highway, interchange or collector highway will be located so that
natural habitats and features, and City natural areas are protected to the maximum extent
feasible;
(D) The proposed arterial highway or interchange or collector highway will be located only in
a corridor for which a clear and reasonable local and regional need has been demonstrated;
(E) The location and access limitations for the arterial highway, interchange or collector
highway will not isolate community neighborhoods from and, where practicable, will
enhance access from community neighborhoods to public facilities including schools,
military installations, hospitals, mass transit, pedestrian walkways and bikeways,
recreational facilities and areas, natural areas, and open spaces;
(F) The construction of the arterial highway and interchange or collector highway shall be
phased to minimize interference with traffic movement;
(G) The location and access limitations for the arterial highway, interchange or collector
highway will not restrict access via other roadways, mass transit facilities, pedestrian
walkways and bikeways, local commercial services, residential developments, business
and employment centers, and public facilities including schools, hospitals, recreational
facilities and areas, natural areas, and open spaces;
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39
(H) Alternative modes of transportation will be incorporated into the proposal to the maximum
extent feasible;
(I) If park-and-ride facilities are utilized, they shall be located in areas designated by the City;
(J) The location of the proposed arterial highway, interchange or collector highway will not
impede the delivery of essential community services and goods;
(K) Desirable local and regional community land use patterns will not be disrupted by the
location of the proposed arterial highway, interchange or collector highway;
(L) The location and access limitations for the arterial highway, interchange or collector
highway will not create safety hazards to motorists, pedestrians or bicyclists by causing or
contributing to overuse, improper use or congestion, or cause unnecessary diversion of
regional traffic onto other City roadways or inappropriate or inadequate connections to
pedestrian and bicycle routes;
(M) The proposed arterial highway, interchange or collector highway will be located so as to
complement the efficient extension of planned public services, utilities and development
in general, both regionally and within the City;
(N) The site selection for the arterial highway, interchange or collector highway will adhere to
the plan, process, procedure and requirements of the State and the Federal Highway
Administration, and such construction, expansion or modification will be included in the
then-current Larimer-Weld Council of Governments Regional Transportation Plan, Central
Front Range Plan (CFR), the Colorado Department of Transportation (CDOT) Statewide
Transportation Plan and the Statewide Transportation Improvement Program (STIP), the
Fort Collins Major Transportation Corridor Plan;
(O) The proposed location of the arterial highway, interchange or collector highway will not
result in the destruction, impairment or significant alteration of sensitive, key commercial,
tourist or visitor areas or districts within the City;
(P) The proposed location of the arterial highway, interchange or collector highway will not
contribute to a negative economic impact to residential, commercial, tourist or visitor areas
or districts within the City;
(Q) To the extent tolling is proposed, the use or level of tolling is appropriate in light of existing
toll levels, if any, and any prior or projected public infrastructure investment;
(R) The proposed highways can be integrated into the regional transportation network;
(S) The proposed arterial highway, or interchange or collector highway will not have a
significant adverse impact on prime or unique farmland as defined by the U.S. Department
of Agriculture, Natural Resources Conservation Service;
(T) Land acquisitions and/or the relocation of uses and improvements will follow the Uniform
Relocation Assistance and Real Property Acquisition Policies Act;
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40
(U) The benefits of the development plan, including expected development in the regional and
local surroundings of the development site, will outweigh the social, fiscal, and
environmental impact and the loss of any scenic, historical, archeological, or natural
resources rendered unavailable as a result of the location of the development plan;
(V) The proposed location of the arterial highway, interchange or collector highway will not
result in the destruction, impairment or significant alteration of historic properties or
districts within the City and will not impair the function or historic integrity of a historic
resource of statewide importance;
(W) The proposed location and design of the arterial highway, interchange or collector
highway does not cause lighting impacts from headlights or streetlights to nearby
residential neighborhoods or other developments or night sky objectives and plans;
(X) Noise levels caused by the arterial highway, interchange or collector highway will follow
federal noise regulations; and
(Y) Structures and buildings will match the character of the city through materials and design.
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41
Division 5
Financial Security, Post-Issuance Administration, Enforcement
Section 1 Financial Security
5-101 Financial Security
Section 2 Suspension or Revocation of Permits
5-201 Suspension or Revocation of Permits
Section 3 Review, Renewal, Amendment, Transfer
5-301 Annual Review; Progress Reports
5-302 Permit Renewal
5-303 Permit Amendment
5-304 Technical Revision or Modification
5-305 Transfer of Permits
Section 4 Enforcement
5-401 Enforcement
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42
Division 5
Financial Security, Post-Issuance Administration, Enforcement
Section 1
Financial Security
5-101 Financial Security.
(A) Before any development occurs pursuant to an approved permit issued pursuant to these
Regulations, the applicant shall provide the City with a guarantee of financial security
deemed adequate by the Director to accomplish the purposes of this Section, in a form
approved by the City Attorney and payable to the City of Fort Collins. Parties signatory to
the financial guarantee shall include the permittee and all responsible parties as defined at
Section 1-110.
(B) The purpose of the financial guarantee is to ensure that the permittee shall faithfully
perform all requirements of the permit and the Director shall determine the amount of the
financial guarantee in consideration of the following standards, to the extent applicable or
relevant to the approved development plan:
(1) The estimated cost of returning the site of the permitted development plan to its original
condition or to a condition acceptable in accordance with standards adopted by the City
for the matter of state interest for which the permit is being granted;
(2) The estimated cost of implementing and successfully maintaining any revegetation
required by the permit.
(3) The estimated cost of completing the permitted development plan; and
(4) The estimated cost of complying with any permit conditions.
(C) Estimated cost shall be based on the applicant’s submitted cost estimate. The Director shall
consider the duration of the development plan and compute a reasonable projection of
increases due to inflation over the entire life of the development plan. The Director may
require, as a condition of the permit, that the financial security shall be adjusted upon
receipt of bids.
(D) The financial guarantee may be released in whole or in part with the approval of the
Director only when:
(1) The permit has been surrendered to the Director before commencement of any physical
activity on the site of the approved development plan;
(2) The approved development plan has been abandoned and the site thereof has been
returned to its original condition or to a condition acceptable to the Director in
accordance with standards adopted by the Permit Authority for the matter of state
interest for which the permit is being granted;
(3) The approved development plan has been satisfactorily completed; or
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43
(4) Applicable guaranteed conditions have been satisfied.
(E) Any security may be cancelled by a surety only upon receipt of the Director’s written
consent which may be granted only when such cancellation will not detract from the
purposes of the security.
(F) If the license to do business in Colorado of any surety upon a security filed pursuant to
these Regulations is suspended or revoked by any State authority, then the permittee, within
sixty (60) days after receiving notice thereof, shall substitute a good and sufficient surety
licensed to do business in the State. Upon failure of the permittee to make substitution of
surety within the time allowed, the Permit Authority shall suspend the permit until proper
substitution has been made.
(G) No security is acceptable if signed by or drawn on an institution for or in which the
permittee or any responsible party is an owner, shareholder, or investor other than simply
an account holder.
(H) The Director may determine at any time that a financial guarantee should be forfeited
because of any violation of the permit. The Director shall provide written notice of such
determination to the surety and the permittee of their right to written demand of the Director
within thirty (30) days of receiving written notice from the Director.
(1) If no demand is made within said period, then the Director shall order in writing that
the financial guarantee be forfeited and provide a copy of such order to the surety and
permittee.
(2) If a timely demand is received, the Director shall make good faith efforts to meet with
the permittee and surety within thirty (30) days after the receipt of such demand. At the
meeting the permittee and surety may present any information with respect to the
alleged violation for the Director’s consideration. At the conclusion of any meeting,
the Director shall either withdraw the notice of violation or order in writing that the
financial guarantee should be forfeited and provide a copy of such order to the surety
and permittee.
(I) The Director may require the recording of a lien in favor of the City on real property to be
used in completing the approved development plan and owned in fee by the permittee or
responsible parties in order to further guarantee permit compliance.
(J) If the forfeiture results in inadequate revenue to cover the costs of accomplishing the
purposes of the financial guarantee, the City Attorney shall take such steps as deemed
proper to recover such costs, including foreclosure of the City lien and/or certifying the
same to the County Treasurer for collection in the same manner as real property taxes,
pursuant to Sections 31-20-105 and 106, C.R.S.
(K) The financial security under this Section may be waived, in the Director’s sole discretion,
if a proposed development plan is solely financed by state agencies, a political subdivision
of the state, or a special or enterprise fund that has established to the Director’s satisfaction
the availability of funds required to complete the proposed development plan.
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44
Division 5
Financial Security, Post-Issuance Administration, Enforcement
Section 2
Suspension or Revocation of Permits
5-201 Suspension or Revocation of Permits.
(A) If the Director has reason to believe that the permittee has violated any provision of any
permit or the terms of any regulation for administration of the permit, and such violation
poses a danger to the health or safety of the public, the Director has the authority to order
the immediate suspension of all operations associated with implementing the approved
development plan and suspension of the permit until the danger has been eliminated. At
such time as the Director has determined the danger is eliminated and any violations of the
permit or the terms of any regulation for administration of the permit, the Director shall
withdraw the suspension. Should the danger be eliminated but violations of the permit still
exist, the Director shall suspend the permit for up to an additional one-hundred and eighty
(180) days pursuant to (B)(3) below.
(B) If the Director has reason to believe that the permittee has violated any provision of any
permit or the terms of any regulation for administration of the permit, and such violation
does not pose a danger to the health or safety of the public, the Director may temporarily
suspend the permit for an initial period of up to thirty (30) days or until the violation is
corrected, whichever occurs first.
(1) Before imposing such temporary suspension, the Director shall provide written notice
to the permittee of the specific violation and shall allow the permittee a period of at
least fifteen (15) days to correct the violation from the date notice was provided.
(2) If the permit holder does not agree that there is a violation, the permittee shall, within
fifteen (15) days of the date notice was provided, submit a written response to the
Director why the temporary suspension should not occur. Upon receiving such
response, the Director shall within ten (10) days issue a written response either
withdrawing the notice of violation or imposing the temporary permit suspension. The
Director’s decision is not subject to appeal.
(3) Should a violation remain uncorrected after the initial period of temporary suspension
has elapsed, the Director shall extend in writing the period of temporary suspension for
up to an additional one-hundred and eighty (180) days or until the violation is corrected,
whichever occurs first. Notice of such extension shall be provided to the permittee and
the extended suspension may be appealed pursuant to Chapter 2, Article VI, of the Code
of the City of Fort Collins, however, pending such appeal hearing, the permit
suspension shall remain in effect.
(C) Subsequent to any temporary suspension imposed under (B) above, the Director may
permanently revoke the permit upon a written determination that the violation for which
the temporary suspension was premised remains uncorrected. The determination shall be
provided to the permittee and such revocation may be appealed pursuant to Chapter 2,
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45
Article VI, of the Code of the City of Fort Collins, however, pending the decision of such
appeal, the permit shall remain in effect.
(D) The Director may permanently revoke a permit upon a written determination that the
permittee has failed to take substantial steps to initiate the permitted development or
activity within twelve (12) months from the date of the issuance of the permit, or, if such
steps have been taken, the permittee has failed to complete or pursue completion of the
development or activity with reasonable diligence. The determination shall be provided to
the permittee and such revocation may be appealed pursuant to Chapter 2, Article VI, of
the Code of the City of Fort Collins, however, pending such appeal hearing, the revocation
shall remain in effect. The permanent revocation of a permit does not bar the future
submittal of a new permit application for the same, or substantially the same, proposed
development plan.
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46
Division 5
Financial Security, Post-Issuance Administration, Enforcement
Section 3
Permit Review, Renewal, Amendment, Transfer
5-301 Annual Review; Progress Reports.
(A) Within thirty (30) days prior to each annual anniversary date of the granting of a permit,
the permittee shall submit a report detailing any and all activities conducted by the
permittee pursuant to the permit including, but not limited to, a satisfactory showing that
the permit has complied with all conditions of the permit and applicable regulations for
administration of the permit.
(B) Director shall review the report within thirty (30) days from the date of submittal thereof.
If the Director determines, based upon its review, that the permittee was likely to have
violated the provisions of the permit or applicable regulations, or both, the Director shall
make a good faith effort to meet with the permittee to discuss the matter. If the Director
determines after any meeting that the permittee has violated the provisions of the permit or
applicable regulations, or both, the Director may suspend and/or revoke the permit in
accordance with Section 5-201.
(C) Upon fulfillment of all permit conditions, this annual review requirement may be waived
by the Director.
(D) At any time, the Director may require the permittee to submit an interim progress report.
5-302 Permit Renewal.
Permits issued under these Regulations may be renewed following the same procedure for approval
of new permits except the renewal process shall not include the Director’s FONSI review pursuant
to Section 2-303. The Director may impose additional conditions at the time of renewal if
necessary to ensure that the approved development plan will comply with these Regulations.
5-303 Permit Amendment.
The Director shall require a permit amendment for any material change, as determined by the
Director, in the construction, use, or operation of an approved development plan from the terms
and conditions of an approved permit. The amendment shall be processed in accordance with and
subject to the same procedures and requirements set forth herein for a full permit or administrative
permit except that the Director’s FONSI review pursuant to Section 2-303 shall not occur.
5-304 Technical Revision or Modification.
The permittee may apply to the Director for a technical revision or modification to an issued permit
to correct errors or make other modification to conform the permit to actual conditions to the extent
such revision or modification is not a material change to the permit as determined by the Director.
The Director is granted discretion to approve such revision or modification or to determine that a
permit amendment is required pursuant to Section 5-303.
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47
5-305 Transfer of Permits.
A permit may be transferred only upon the Director’s written consent. The Director must ensure
in approving any transfer that the proposed transferee can and will comply with all the
requirements, terms, and conditions contained in the permit and these regulations; that such
requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of
the public; and that an adequate guarantee of financial security can be made.
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48
Division 5
Financial Security, Post-Issuance Administration, Enforcement
Section 4
Enforcement
5-401 Enforcement.
Any person engaging in development in a designated area of a state interest or conducting a
designated activity of state interest who does not first obtain a permit pursuant to these Regulations,
who does not comply with permit requirements, or who acts outside the authority of the permit, is
in violation of this Land Use Code and the City may take enforcement action pursuant to Division
2.14 and may additionally take any other action available under these Regulations and civil or
criminal law, including seeking injunctive relief, or revoking or suspending any permit issued
pursuant to these Regulations or any permit issued pursuant to the Land Use Code or the Code of
the City of Fort Collins. These Regulations are not intended to create third party rights of
enforcement.
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Page 1 of 3
DIVISION 2.18 BASIC DEVELOPMENT REVIEW
2.18.1 Purpose and Applicability
The purpose of the Basic Development Review process is to establish a process for approval of a site specific
development plan and administrative permit pursuant to the areas and activities of state interest provisions where
the decision maker is the Director. There is no public hearing and the Basic Development Review process shall not
be construed to be the same as an Administrative (Type 1) review process for which the Director, or his designee,
conducts a public hearing. The Basic Development Review shall be the review process for:
(A) Those uses listed as such in each of the Article Four Zone Districts.
(B) Existing Limited Permitted Uses (Section 1.6.5).
(C) Expansions and Enlargements of Existing Buildings (Sections 3.8.20 and 3.8.25).
(D) Building Permit Applications (Division 2.7).
(E) Minor Subdivisions (Section 2.18.2).
(F) Administrative Permit for Areas and Activities of State Interest (Article ___)
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
An application for a Basic Development Review or Minor Subdivision shall be processed according to, in
compliance with, and subject to the provisions contained in Division 2.1 and Steps (1) through (12) of the Common
Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive), as follows:
(A) Step 1 (Conceptual Review): Not aApplicable only for an administrative permit for areas and activities
of state interest pursuant to Section 2.20(C)(1), including an additional pre-application areas and
activities review.
(B) Step 2(Neighborhood Meeting): Not applicableApplicable only for an administrative permit for areas
and activities of state interest pursuant to Section 2.20(C)(2).
(C) Step 3(Development Application): Applicable.
(D) Step 4(Review of Applications): Applicable and for an administrative permit for areas and activities of
State Interest, as modified pursuant to Section 2.20(C)(4).
(E) Step 5(Staff Report): Not applicable and in substitution thereof, a staff report shall be prepared in the
case of an appeal of a final decision pursuant to Section 2.2.12 (Step 12).
(F) Step 6 (Notice): Applicable only for as follows:
(1) Minor Subdivisions that result in the creation of no more than one (1) additional lot.
1. Step 6(A) (Mailed Notice): Applicable. Notice to be mailed to the owners of record of all real
property within eight hundred (800) feet (exclusive of property rights -of-way, public facilities,
parks or public open space) of the property lines of the parcel of land to be subdivided. Such
notice shall be mailed at least fourteen (14) days prior to the Director’s decision on the minor
subdivision informing the recipient of the nature of the proposed subdivision and the deadline
by which the Director must receive written comments for Director consideration in deciding
the minor subdivision request.
2. Step 6(B) (Posted Notice): Applicable.
Page 2 of 3
3. Step 6(C) (Published Notice): Applicable but in lieu of notice regarding a public
hearing/meeting contained in Step 6(C), the published notice shall state the deadline by which
the Director must receive written comments for Director consideration in deciding the minor
subdivision request.
4. Step 6(D) (Supplemental Notice): Not Applicable.
5. Step 6(E) Applicable.
(2) Administrative Permit for Areas and Activities of State Interest. Steps 6(A) through 6(E) are
applicable with the following modifications:
1. Step 6(A) (Mailed Notice): Mailed notice shall mailed at least thirty (30) days prior to the
Director’s decision on the administrative permit informing the recipient of the nature of the
proposed project and the deadline by which Director must receive written comments for
consideration in deciding the administrative permit request.
2. Step 6(C) (Published Notice), in lieu of notice regarding a public hearing/meeting contained in
Step 6(C), the published notice shall state the deadline by which Director must receive written
comments for consideration in deciding the administrative permit request.
(G) Step 7 (Public Hearing): Not Applicable.
Step 7(A)(1 and 2: (Decision maker): Not applicable and in substitution thereof, the Director shall be
the decision maker and there shall be no public hearing.
Steps 7(B - C) - Not Applicable.
Step 7(D)(1 and 2: (Decision and Findings): Not applicable and in substitution thereof:,
(1) Aafter consideration of the development application, the Director shall issue a written decision to
approve, approve with conditions, or deny the development application based on compliance with
the standards referenced in Step 8 of the Common Development Review Procedures (Section 2.2.8).
The written decision shall be mailed to the applicant, to any person who provided com ments during
the comment period and to the abutting property owners, and shall also be posted on the City's
website at www.fcgov.com.
(2) With regards to decisions on administrative permits for areas and activities of state interest, the
Director shall issue a written decision to approve, approve with conditions, or deny the
administrative permit based on compliance with the applicable standards set forth in the areas and
activities of state interest provisions. In the case of approval or approval with conditions, the
Director shall attach a copy of the approved permit. The Director must issue a written decision
within ninety (90) days of the date the permit application is determined to be complete pursuant to
Section 2-307 or the application shall be deemed approved and a written decision is not required.
Step 7(D)(3): (Findings): Applicable
Step 7(E): (Notification to Applicant): Applicable.
Step 7(F)(1): (Recording of the Public Hearing): Not Applicable.
Step 7(F)(2)(a): (The Record): Not Applicable.
Step 7(F)(2)(b): (Minutes): Not applicable and in substitution thereof, the Director shall issue the
decision in writing pursuant to Step 7.
Step 7(F)(2)(c and d): (Verbatim Transcript and Videotape Recording): Not Applicable.
Step 7(G): (Recording of Decisions and Plats): Applicable for Minor Subdivisions and administrative
permits for areas and activities of state interest only.
Page 3 of 3
(H) Step 8 (Standards): Applicable with the modification that for administrative permits for areas and
activities of state interest, the applicable standards are set forth in the areas and activities of state
interest provisions.
(I) Step 9 (Conditions of Approval): Applicable and with regards to administrative permits for areas and
activities of state interest, as modified pursuant to Section 2-315(A).
(J) Step 10 (Amendments): Applicable but not to administrative permits for areas and activities of state
interest for which amendments are addressed in Section 5-303.
(K) Step 11 (Lapse): Applicable but for administrative permits for areas and activities of state interest, only
Section 2.2.11(A) applies and Sections 2-314(D) and 5-201 require that the permittee make substantial
steps toward initiating and completing the proposed project or the permit may be subject to
revocation.
Step 11(A): (Application Submittals): Applicable.
Step 11(B and C) (Lapse): Not Applicable.
Step 11(D)(1—8): (Final Plan and Plan and Other Site Specific Development Plan): Applicable.
Step 11(D)(9): (Post denial re-submittal delay): Not Applicable.
Step 11(D)(10): (Automatic repeal; waiver): Applicable.
(L) Step 12 (Appeals): Applicable pursuant to Section 2.2.12(C).
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Page 1 of 3
DIVISION 2.20 -- AREAS AND ACTIVITIES OF STATE INTEREST
(A) Purpose. Pursuant to Section 24-65.1-101, et. seq, the City is empowered to designate certain activities and
areas to be matters of state interest and to regulate designated activities and areas through adopted
guidelines and regulations. The Land Use Code areas and activities of state interest provisions set forth
procedures and requirements for the designation of activities and areas as matters of state interest,
procedures for requesting a permit to conduct a designated activity or develop in a designated area, and
criteria that must be met in order for a permit to be issued.
(B) Applicability. These areas and activities of state interest provisions shall apply to all proceedings and decisions
concerning identification, designation, and regulation of any development in any area of state interest or any
activity of state interest that has been or may hereafter be designated by the City Council. To the extent a
proposed development plan could be reviewed under another Land Use Code process, such plan shall be
reviewed under these Regulations unless the Director issues a finding of no significant impact (“FONSI”)
pursuant to Section 2-202. Proposed development plans that have completed Site Plan Advisory Review
pursuant to the Land Use Code prior to the effective date of these Regulations shall be subject to these
Regulations unless a FONSI is issued.
A permit to conduct a designated activity or develop in an area of state interest may be issued for a proposed
development plan that is to be located in one or more zone districts regardless of whether the zone district
or districts list the use proposed by the proposed develop ment plan as an allowed use or otherwise prohibit
such use.
(C) Process.
(1) Step 1 (Conceptual Review/Preliminary Design Review): Applicable unless the applicant and Director
agree to hold a pre-application area or activity review in which case the conceptual/preliminary design
is not required.
(Pre-Application Area or Activity Review): Should a conceptual/preliminary design review occur, the
Director shall require an additional pre-application areas and activities review pursuant to Section 2-
304 for any proposed development plan that may be subject to review pursuant to the areas and
activities of state interest provisions. A pre-application area or activity review is for the purposes of:
(a) Determining whether the proposed development plan is subject to regulation under the areas and
activities of state interest provisions or exempt from such provisions upon the Director issuing a
FONSI. Should a FONSI be issued, the proposed development plan is not exempt from all Land Use
Code requirements and an alternative review process may be required. Should a FONSI not be
issued, the pre-application area or activity review allows the Director to determine whether the
proposed development plan should be reviewed as an administrative permit or whether the
proposed development plan should be reviewed as a full permit. The determination process and
considerations are set forth in Section 2-303.
(b) Determining applicable criteria of the areas and activities of state interest provisions, submittal
requirements, and review procedures.
(c) Identifying regulatory reviews or procedures other than review pursuant to the areas and activities
of state interest provisions applicable to the proposed development plan.
(d) Identifying applicant and City concerns regarding the proposed development plan.
(e) Assisting the Director in making the determination of the proper level of review pursuant to Section
2-303, the Director may retain the services of third-party consultants pursuant to the terms of Land
Use Code Section 2.2.3(D)(3).
DRAFT SUBJECT TO FURTHER REVIEW AND REVISION
Page 2 of 3
(f) The Director’s decisions to issue or not issue a FONSI and the determination of level of permit
review, administrative or full permit, are subject to appeal pursuant to Sections 2.2.12(D) and 2-
303.
(2) Step 2 (Neighborhood Meeting): Applicable except that a neighborhood meeting may be waived
pursuant to Section 2-305 for a proposed development application determined to be subject to
administrative permit review but not for a proposed development plan determined to be subject to full
permit review.
(3) Step 3 (Development Application Submittal): Applicable. The simultaneous processing of development
applications submitted in association with an application for a permit to conduct a designated activity
or develop in an area of state interest is addressed in Section 2-309 and combined applications for a
permit to conduct multiple activities or develop in multiple areas of state interest is addressed in
Section 2-310.
(4) Step 4 (Review of Application): Applicable except that Section 2-307 shall substitute for Land Use Code
Section 2.2.4(A).
(5) Step 5 (Staff Report): Applicable except that a staff report is only required for full permit reviews and
only for FONSI, level of permit, and administrative permit reviews if the Director’s decision is appealed
to the Planning and Zoning Commission.
(6) Step 6 (Notice): Applicable to administrative permits as set forth in Land Use Code Section 2.18.3(F)
and applicable to full permits with particular notice timing as set forth in Section 2-311.
(7) Step 7 (Public Hearing):
(a) 7(A) (Decision Maker): Applicable as follows:
1. The Director is the decision maker on an administrative permit pursuant to the Basic
Development Review procedure. An appeal of a Director permit decision is de novo and the
Planning and Zoning Commission is the decision maker.
2. City Council is the decision maker on full permits.
(b) Steps 7(B) (Conduct of Public Hearing), 7(C) (Order of Proceedings at Public Hearing): Applicable as
follows:
1. City Council decisions on full permits as modified in Sections 2-311 and 2-312.
2. Applicable to appeals of administrative permits to the Planning and Zoning Commission.
(c) 7(D) (Decision and Findings):
1. Director Review of Administrative Permits: Not applicable and in substitution thereof, the Basic
Development review decision and findings provision set forth in Land Use Code Division 2.18
applies.
2. Planning and Zoning Commission Review of Director Decision on Appeal: Applicable.
3. City Council Review of Full Permit: Not applicable and in substitution thereof, the requirements
of Section 2-313 shall apply.
(d) 7(E) (Notification to Applicant), 7(F) (Record of Proceedings), 7(G) (Recording of Decisions and
Plat): Applicable.
(8) Step 8 (Standards): Applicable except that the applicable standards that must be met are set forth in
the areas and activities of state interest provisions.
(9) Step 9 (Conditions of Approval): Applicable as modified pursuant to Section 2-314(A).
DRAFT SUBJECT TO FURTHER REVIEW AND REVISION
Page 3 of 3
(10) Step 10 (Amendments): Not applicable and in substitution thereof, the requirements of Sections 5-303
and 5-304 shall apply.
(11) Step 11 (Lapse): Only 2.2.11(A) is applicable and approved permits for areas and activities of state
interest are not eligible for vested rights pursuant to the Land Use Code. Sections 2-314 and 5-201
require that the permittee make substantial steps toward initiating and completing the proposed
development plan or the permit may be subject to revocation.
(12) Step 12 (Appeals):
(a) Director Decision to Issue or Not Issue FONSI and Level of Review Decisions: Applicable pursuant to
Section 2.2.12(D) to the Planning and Zoning Commission.
(b) Director Decision on Administrative Permit: Applicable pursuant to the Basic Development Review
appeal procedure to the Planning and Zoning Commission.
(c) Planning and Zoning Commission Decisions on Director FONSI, Level of Review, and Administrative
Permit Appeals: Applicable pursuant to Section 2.2.12(A).
(d) Council Decision on Full Permit: Inapplicable
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City of Fort Collins
Application for Permit
For
Site Selection or Construction of Major New Domestic Water and
Sewage Treatment Systems or Major Extensions of Such Systems
Or
Site Selection of Arterial Highways and Interchanges and Collector Highways
Introduction & Instructions to Applicant
This application form requires information from, and provides guidance to, applicants for permits,
pursuant to the City Fort Collins Guidelines and Regulations for Areas and Activities of State
Interest (the “Regulations”). This application is supplementary to, and not in replacement of the
specific and detailed requirements of the Regulations. Any conflict between the requirements of
the Regulations as generally described in this application form, and t he Regulations themselves,
shall be resolved in favor of the Regulations.
Pre-Application Review Required
Prior to submitting an application for a permit under the Regulations, the prospective applicant
must schedule and attend a pre-application review with the Director pursuant to Section 2–304 of
the Regulations. At or before the pre-application meeting, the applicant shall provide the Director
with the information with the following:
(a)Names and addresses of all persons or interests proposing the designated activity;
(b)Name and qualifications of the person(s) responding on behalf of the applicant
(c)A written summary of the Project including a map prepared at an easily readable scale
showing:
i.boundary of the proposed Project
ii.relationship of the proposed Project to surrounding topographic and cultural
features such as roads, streams, and existing structures
iii.proposed buildings, improvements, and infrastructure
(d)Information that is sufficient for determining the general nature of the Project and the
type, extent and location of impacts associated with the Project
(e)The application fee, pursuant to Section 2.2.3(D) of the Land Use Code
(f)Any additional information requested by the Director as necessary to facilitate a
productive pre-application meeting and to enable the Director to make a determination
of the required permitting procedure and applicable portions of the Regulations.
After the pre-application meeting, the staff will furnish the applicant with written comments and
recommendations regarding the proposal in order to inform and assist the applicant prior to
preparing the formal permit application. The staff shall [may] provide the applicant with a “critical
issues" list which will identify those critical issues which have surfaced in the pre-application
ATTACHMENT 5
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review process as issues that must be resolved during the review process of the formal application.
To the extent there is a misunderstanding or misrepresentation of these issues, the opinion of the
staff may change during the course of development review.
FOR STAFF ONLY
Action
Pre-application submission received Date
Pre-application meeting Date
Full application received Date
Fee paid $
Project planner
Mineral Interest Owner Certification
Any application which requires compliance with § 24-65.5-101, et seq., C.R.S., (Notification to
Mineral Owners of Surface Development) shall not be considered to have been submitted as
complete until the applicant has provided a certification signed by the applicant confirming that
the applicant or its agent has examined the records of the Larimer County Clerk and Recorder for
the existence of any mineral estate owners or lessees that own less than full fee title in the property
which is the subject of the application, and stating whether or not any such mineral estate owners
or lessees exist. In addition, for purposes of the Permit Authority convening its initial public
hearing on any application involving property which mineral estate owners or lessees owning less
than full fee title in the property have been certified by the applicant to exist, the application shall
not be considered to have been submitted as complete until the applicant has provided an additional
signed certification confirming that the applicant has, at least 30 days prior to the initial public
hearing, transmitted to the City and to the affected mineral estate owners and lessees the notices
required by C.R.S. §24-65.5-101, et seq.
Submitting a Complete Application
After completion of the pre-application meeting, the applicant must submit a completed copy of
this application form, along with the submission requirements as applicable.
No application will be accepted for further review until it has been determined to be complete by
the Director pursuant to Section 2-307 of the Regulations.
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Applicant & Project Identifying Information
Application is for:
____Site Selection on Construction of Major New Domestic Water and Sewage Treatment
Systems and Major Extensions of Such Systems
____Site Selection of Arterial Highways and Interchanges and Collector Highways
Action Requested:
_____ Administrative Permit _____ Full Permit Review _______ Permit Amendment
Project name: _________________________________________________________________
Project address (parcel No. if no address): ___________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
The names, addresses, including email address, organizational form, and business of the applicant
and, if different, the owner of the Project, as well as all Responsible Parties:
_______________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
The names, addresses and qualifications, including those areas of expertise and experience with
Projects directly related or similar to that proposed in the application package, of individuals who
are or will be responsible for constructing and operating the Project: _______________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Written authorization of the application package by the Project owner and landowner(s), if
different than the applicant:_______________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Business name (if applicable): _____________________________________________________
Applicant mailing address: ________________________________________________________
______________________________________________________________________________
Phone number: _________________________________________________________________
Email address: _________________________________________________________________
Basic description of proposal, including detailed narrative: ______________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
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Current zoning of Project property: ________________________________________________
_____________________________________________________________________________
Current existing use of Project property: ____________________________________________
_____________________________________________________________________________
Applicant Signature: ________________________ Date: ________________________
Applicant Title: ________________________________________________________________
Date of receipt of application: _____________________________________________________
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General Submission Requirements
All applications for permits under the Regulations are required to be accompanied by general
submission requirements, as well as submission requirements specific to the particular activity of
state interest proposed to be conducted. These requirements are listed below. Applicants are
advised to review the requirements of the Regulations and of the listing of submission
requirements contained in this application form carefully. For all applications, the following
general information is required:
1. Completed application form;
2. Additional information as required by the Permit Authority, including applicant's
written responses to the pre application review and comments by referral agencies.
3. Identify what other city, state or federal permits are required in order to initiate and
complete the Project: ___________________________________________________
_____________________________________________________________________
_____________________________________________________________________
4. To the extent the applicant wishes to request that certain submission requirements be
waived, the applicant must make that request of the Permit Authority (either the
Director, for administrative permits, or the City Council, for full permits) in accordance
with Section 2-307 of the Regulations.
5. Describe why the identified requirements are necessary, duplicative of submission
requirements already provided pursuant to an application to Larimer County for a 1041
permit from that jurisdiction, or that full compliance with the submission requirements
would be unreasonably burdensome for the applicant and that the requirements so
waived would not address or disclose a substantial impact on the City or its residents:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Detailed Submission Requirements for All Matters of State Interest
1. Information describing the Project
(a) Executive summary of the proposal indicating the scope and need for the Project.
(b) The legal and layman’s description of the proposed development site
(c) An index map showing the general location of the Project area and its relationship
to surrounding topographic and cultural features. A standard U.S.G.S. quadrangle
map would usually be adequate for an index map.
(d) Ownership of the surface of the area of land to be affected.
(e) A topographic map or maps showing location, nature, and density of the proposed
development or land use change.
(f) Aerial photographs, when available, of reasonable scale and of a date which
reasonably portrays the current condition of the area to be covered by the permit
application. The area to be covered by the permit shall be outlined on the aerial
photograph.
-6-
(g) Plans and specifications of the Project in sufficient detail to evaluate the application
against the applicable Review Criteria.
(h) Descriptions of alternatives to the Project considered by the applicant. If the
Director determines that the nature or extent of the proposal involves the potential
for significant damage and warrants examination of other specific, less damaging
alternatives, the Director may require the applicant to evaluate and present
information on such additional alternatives as part of the application.
(i) Schedules for designing, permitting, constructing and operating the Project,
including the estimated life of the Project.
(j) The need for the Project, including a discussion of alternatives to the Project that
were considered and rejected; existing/proposed facilities that perform the same or
related function; and population Projections or growth trends that form the basis of
demand Projections justifying the Project.
(k) Description of relevant conservation techniques to be used in the construction and
operation of the Project.
(l) Description of demands that this Project expects to meet and basis for Projections
of that demand.
(m) List of adjacent property owners [within 1000 feet of any Project component], and
their mailing addresses.
2. Property rights, other permits and approvals
(a) Description of property rights that are necessary for or that will be affected by the
Project, including easements and property rights proposed to be acquired through
negotiation or condemnation.
(b) Specify how the proposed development will utilize existing easements or rights-
of-way for new associated distribution or collector networks;
(c) A list of all other federal, state, and local permits and approvals that will be
required for the Project, together with any proposal for coordinating these
approvals with the City permitting process.
(d) Copies of any permits or approvals related to the Project that have been granted.
(e) Copies of relevant official federal and state consultation correspondence prepared
for the Project; a description of all mitigation required by federal, state and local
authorities; and copies of any draft or final environmental assessments or impact
statements required for the Project.
3. Land Use
(a) Provide a map at a scale relevant to the Project describing existing land uses and
existing zoning of the proposed Project area and the Project service area, including
peripheral lands which may be impacted. The land use map shall include but need
not necessarily be limited to the following categories: residential, commercial,
industrial, extractive, transportation, communication and utility, institutional, open
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space, outdoor recreation, agricultural, forest land and water bodies. Show all
special districts (school, fire, water, sanitation, etc.) within the Project area.
(b) All immediately affected public land boundaries should be indicated on the map.
Potential impacts of the proposed development upon public lands will be visually
illustrated on the map as well as described in the text.
(c) Detail the agricultural productivity capability of the land in the development area
and source development area (SCS classification)
(d) Specify whether and how the proposed Project conforms to the City’s planning
policies, including without limitation, the Fort Collins Comprehensive Plan.
(e) Specify whether and how the proposed Project conforms to applicable regional and
state planning policies.
(f) Specify whether and how the proposed Project conforms to applicable federal land
management policies.
(g) If relevant to the Project design, describe the agricultural productivity capability of
the land in the Project area, using Soils Conservation Service soils classification
data.
(h) Specify whether the demand for the Project is associated with development within
or contiguous to existing service areas.
4. Financial feasibility of the Project
(a) Relevant bond issue, loan and other financing approvals or certifications (ex:
approved bond issues; bond counsel opinion).
(b) Business plan that generally describes the financial feasibility of the Project.
5. Local infrastructure and services impacts. An impact analysis that addresses the manner
in which the applicant will comply with the relevant Review Criteria. The impact analysis
shall include the following information: description of existing capacity of and demand for
local government services including but not limited to roads, schools, water and wastewater
treatment, water supply, emergency services, transportation, infrastructure, and other
services necessary to accommodate the Project within Fort Collins.
6. Recreational Opportunities. Description of the impacts and net effect of the Project on
present and potential recreational opportunities within the City of Fort Collins.
7. Areas of Paleontological, Historic or Archaeological Importance. Description of the
impacts and net effect of the Project on sites of paleontological, historic or archaeological
interest. If a proposed alternative utilizes or affects a historic resource, or if the proposed
alternative is located within a historic resource impact area, Applicant shall provide the
following: required by 23 U.S.C. § 138; and a description of possible mitigation measures,
including possible replacement measures, for the historic resource or the value of the
historic resource.
8. Visual, Aesthetics and Nuisance Factors. Identify any significant deterioration of existing
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natural aesthetic, creation of visual blight, noise pollution or obnoxious odors which may
stem from the proposed development area or source development area.
9. Air Quality. Description of the impacts and net effect the Project would have on air quality
during both construction and operation, and under both average and worst case conditions,
considering particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other
chemicals, temperature effects and atmospheric interactions.
10. Visual Quality. Description of the impacts and net effect the Project would have on visual
quality, considering viewsheds, scenic vistas, unique landscapes or land formations within
view of the Project area.
11. Surface Water Quality
(a) Map and/or description of all surface waters to be affected by the Project, including
description of provisions of the applicable regional water quality management plan,
any NPDES Permit, or Section 404 Federal Clean Water Act Permit that applies to
the Project.
(b) Descriptions of the immediate and long-term impact and net effects that the Project
would have on the quantity and quality of surface water under both average and
worst case conditions.
(c) Provide a surface and subsurface drainage analysis.
12. Groundwater Quality
(a) Map and/or description of all groundwater, including any and all aquifers
underlying or affected by the Project. At a minimum, the description should
include:
i. groundwater flow directions and levels.
ii. existing groundwater quality and classification.
iii. location of all water wells potentially affected by the Project and their
uses.
iv. description of the impacts and net effect of the Project on groundwater.
13. Soils, Geologic Conditions and Natural Hazards
(a) Map and/or description of soils, geologic conditions, and natural hazards including
but not limited to soil types, drainage areas, slopes, avalanche areas, debris fans,
mud flows, rock slide areas, faults and fissures, seismic history, and wildfire hazard
areas, all as relevant to the Project area.
(b) Descriptions of the risks to the Project from natural hazards.
(c) Descriptions of the impacts and net effect of the Project on soil and geologic
conditions in the Project area.
(d) On an appropriate map, indicate any floodplain associated with the proposed
development. Documentation of historical flooding activity should be included.
-9-
Documentation of historical flooding activity should be included.
14. Hazardous Materials
(a) Description of all solid waste, hazardous waste, petroleum products, hazardous,
toxic, and explosive substances to be used, stored, transported, disturbed or
produced in connection with the Project, including the type and amount of such
substances, their location, and the practices and procedures to be implemented to
avoid accidental release and exposure.
(b) Location of storage areas designated for equipment, fuel, lubricants, and chemical
and waste storage with an explanation of spill containment plans and structures.
15. Monitoring and Mitigation Plan
(a) Description of all mitigation that is proposed to avoid, minimize or compensate for
adverse impacts of the Project and to maximize positive impacts of the Project.
(b) Describe how and when mitigation will be implemented and financed.
(c) Describe impacts that are unavoidable that cannot be mitigated.
(d) Description of methodology used to measure impacts of the Project and
effectiveness of proposed mitigation measures.
(e) Description, location and intervals of proposed monitoring to ensure that mitigation
will be effective.
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Submission Requirements for Site Selection and Construction of Major New Domestic
Water and Sewage Treatment Systems and Major Extensions of such Systems
[Regulations Sec. 3-202]
1. Preliminary review and comment on the proposal by the appropriate agency of the
Colorado Department of Natural Resources and the Colorado Development of Health
within sixty (60) days.
2. Scope of Proposal:
(a) Provide detailed engineering plans and specifications of the proposal, prepared by
a registered professional engineer, including proposed system capacity and service
area plans mapped at a scale determined by the Permit Authority;
(b) Provide a description of all existing or approved proposed domestic water or
sewage treatment systems within the development area and source development
area;
(c) Detail the design capacity of each domestic water or sewage treatment system and
the distribution or collection network in the development area and source
development area;
(d) Detail the excess capacity of each treatment system and distribution or collection
network in the community or development area and source development area;
(e) Provide an inventory of total commitments already made for current water or
sewage services in the development area and sources development area;
(f) Detail the operational efficiency of each existing system in the development area
and source development area, including age, state of repair, and level of treatment;
(g) Detail the source and rights for the water supplies for the Project, including any
permits, decrees or contracts for such rights, or the application submitted for change
of water rights, appropriation of water or augmentation plans;
(h) Detail existing water utilization including historic yield from rights and use by
category such as agricultural, municipal and industrial and supply obligations to
other systems; and
3. Demonstrate the need for a new water or sewage treatment system or major extension of
such system:
(a) Provide population trends for the development area and source development area:
e.g., present population, population Projections, and growth rates;
(b) Specify the predominant types of developments to be served by the proposed new
water or sewage treatment system;
(c) Specify at what percentage of the design capacity the current system is now
operating in the development area and source development area:
i. Water Treatment system: ________________________________
ii. Wastewater treatment system:_____________________________
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(d) Specify whether or not present facilities can be upgraded to adequately
accommodate the ten (10) year Projected increased need in treatment and/or
hydraulic capacity in the development area and source development area.
(e) Specify whether the demand for this Project is associated with development within
or contiguous to existing service areas.
4. Water Resources
(a) Map and/or description of existing minimum stream flows held by the Colorado
Water Conservation Board within the Project area or proposed to be impacted by
the Project.
(b) Descriptions of the impacts and net effect that the Project would have on stream
flows in the Project area or affected by the Project.
(c) Statement of methods for efficient utilization of water, including recycling and
reuse.
(d) Describe potential effects of the proposed development on eutrophication, waste
load allocations and water quality of rivers, streams, aquifers and/or any existing
or proposed reservoirs in the City;
(e) Describe potential effects of the proposed development Project on the above-
described water features in the development area and source development area,
including the effects on present water quality and current uses. Include a detailed
statement of impacts of the proposed Project upon water quality standards
including, but not limited to anti-degradation standards, and all applicable basic or
numeric standards for physical, biological, organic, inorganic, and metals
pollutants described at 5 C.C.R. 1002-8, 3.6.0 et seq.;
(f) Describe the potential adverse effects of the proposed development upon plant and
animal life dependent upon the water resources in the development area and source
development area.
5. Significant Environmentally Sensitive Factors.
Identify and locate on a map of an appropriate scale each of the following features present
in the development area and source development area and its environs and detail the
potential impact of the proposed development upon each feature:
(a) Marshlands and wetlands
(b) Groundwater recharge areas,
(c) Potential natural hazards,
(d) Forests and woodlands,
(e) Critical wildlife habitat or other wildlife protection areas,
(f) Public, outdoor recreation areas,
(g) Unique areas of geological, historical and archaeological importance,
(h) Critical aquatic life habitat, and
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(i) Agricultural areas.
6. Financial impact analysis of site selection and construction of major new water and sewage
treatment facilities, to include but not be limited to the following:
(a) Review and summary of any existing engineering and/or financial feasibility
studies, assessed taxable property valuations, property tax collection experience,
and all other matters of aid in determining the feasibility of the new facility,
including such as related to:
i. Service area and/or boundaries;
ii. Applicable methods of transmitting storing, treating and delivering water,
and collecting, transmitting, treating, and discharging sewage (including
effluent and/or sludge disposal);
iii. Estimated construction costs and period of construction of each new
facility component;
iv. Assessed valuation of the property to be included within the service area
and/or boundaries;
v. Revenues and operating expenses of the new facility including but not
limited to historical and estimated property taxation, service charges and
rates, assessments, connection and tap fees, stand by charges and all other
revenues of the new facility;
vi. Amount and security of proposed debt and method and estimated cost of
debt service;
vii. Details of any substantial contract or agreement for revenues (as in (v)
above) or for services to be paid, furnished or used by or with any person,
association, corporation and governmental body.
(b) Provide a debt retirement schedule based upon anticipated service fees and tax base.
(c) If the new water or sewage treatment system exceeds the proposed ten (10) year
population growth needs as detailed by the appropriate region’s 208 planning
demographic Projections, then detail excess service capacity and the cost of such
excess capacity to the community.
7. Increased Domestic and/or Municipal Water Treatment Costs and/or Wastewater
Treatment Costs: A plan to offset increased domestic and/or municipal water treatment
and/or wastewater treatment necessary to meet water quality standards and determined to
be a direct result of flow modification through changes in the transport of nutrients, total
dissolved solids, hardness, minerals or other pollutants due to the operation of any Project
facilities proposed by the applicant.
8. Any demographic data needed to fulfill the requirements of this Regulation shall be
consistent with those used for the 208-area wide waste treatment management planning.
9. For each alternative site or expansion area being considered by the applicant, all of the
information specified in this Section.
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Submission Requirements for Site Selection of Arterial Highways
and Interchanges and Collector Highways [Regulations Sec. 5-202]
1. A list of all reasonable alternative corridor locations for the proposed arterial h ighway,
interchange or collector highway, including a no-action alternative.
2. For the proposed and each alternative corridor location considered, including the no-action
alternative, the information specified below:
(a) A general description of the proposal, with a discussion of the advantages and
disadvantages of the alternative.
(b) A discussion of social, economic and environmental impacts of the proposed
development. The level of analysis should be sufficient to adequately identify the
impacts and appropriate mitigation measures, and address known and foreseeable
public concerns.
(c) A location map showing the corridor and general area.
(d) Any corridor location proposal, study or other documentation which includes:
(e) Type, scale and appearance of the improvement;
(f) Cost estimate, including mitigation costs;
(g) Approximate timetable for construction and right-of-way acquisition;
(h) Financing plan and tolling feasibility study, where appropriate;
(i) Plan and profile for the Project; and
(j) Elevation drawings for any proposed structures.
3. The local stormwater drainage and water quality impacts of the proposed arterial highway,
interchange or collector highway, including attainment of state water quality standards and
a description of permanent best management practices to be used to mitigate water quality
impacts.
4. Demographic information in the impact area, including:
(a) Current population and density; and
(b) Population Projections in five-year increments over the next twenty (20) years.
5. Major traffic generators in the impact area.
6. The planned level of service of the proposed arterial highway, interchange or collector
highway in relationship to Projected user demand within the City or impact area, whichever
is larger.
7. The approximate number of users of the proposed corridor or interchange location in terms
of existing City residents, new City residents and non-City residents.
8. Plans for promoting or accommodating the use of multi-modal transportation.
9. Anticipated noise levels resulting from the arterial highway, interchange or collector
highway using Federal Highway noise study criteria, Title 23 (Highways); Part 772 -
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Procedures for Abatement of Highway Traffic Noise and Construction Noise. A
description of noise abatement measures that are proposed for each alternative, including
for each alternative the costs for construction, acquisitions, operations, and maintenance,
decibel reduction effectiveness, and height, length, and material type for barriers or
specification for other types of noise mitigation.
10. A description of resulting net shade and shadow impacts of the Project.
11. A description of lighting impacts from headlights and streetlights.
12. The local air quality impacts of the proposed arterial highway, interchange or collector
highway, including attainment of federal and state ambient air quality standards and risks
to human health and the environment posed by air pollutants.
13. The impacts of the proposed arterial highway, interchange or collector highway on
accessibility to and from existing public facilities, commercial and industrial facilities and
residential areas within the City.
14. How the proposed arterial highway, interchange or collector highway and its impacts will
be consistent with appropriate corridor studies, access management or control plans.
15. How the proposed arterial highway, interchange or collector highway and its impacts will
conform to any applicable state plans, goals, objectives and policies including but not
limited to the Colorado Department of Transportation (CDOT) Statewide Transportation
Plan and the Statewide Transportation Improvement Program (STIP).
16. The development potential that would result in the impact area and within the City with
and without the completion of the proposed arterial highway, interchange or collector
highway, measured in terms of land values, land availability, land use controls, vacancy
rates, tax revenues and public expenditures, along with indices of accessibility to
school/education, utility service, other public and quasi-public services, local and regional
amenities and employment opportunities.
17. The increased demand that the potential development in the impact area will place on the
following public services within the City: other roadways, mass transit, trails, bike paths
and other transportation, housing, employment, schools, commercial services, health
services, police and fire protection, solid waste disposal, water supply systems, wastewater
collection and disposal systems, stormwater collection and release systems, power,
military installations, communications, parks, open space and recreation, other public and
quasi-public utilities and other planned public services.
18. Traffic Demand Modeling Study that describes the increased demand that the proposal will
place on other arterial highways, interchanges, collector highways, and frontage roads, and
showing consistency with the most current Major Transportation Corridor Plan model or
Larimer-Weld Council of Governments model.
19. The impact, including but not limited to the impact on property values and other economic
indicators, of the proposed arterial highway, interchange or collector highway on sensitive
areas and key commercial tourist or visitor areas or districts within the City and the region.
20. Impacts of the proposed arterial highway, interchange or collector highway on the
character of adjacent and impacted neighborhoods or developments, as well as the impacts
-15-
of increased division or separation of neighborhoods caused by the proposed arterial
highway, interchange or collector highway.
21. A description of impacts resulting from highway surface applications, such as chemicals,
sand, etc.
22. A traffic operations and safety study that at minimum meets the criteria for the appropriate
level of Traffic Impact Study as referenced in the Engineering Criteria Manual, or as
otherwise required by CDOT.
23. All feasible alternatives for avoiding, minimizing, and/or mitigating adverse effects of the
proposed arterial highway, interchange or collector highway identified above, including
but not limited to effects on the level of public services, access to public services, division
of existing communities, water quality, air quality, noise levels and scenic, historic,
recreational, archeological or natural resources. Minimization and mitigation alternatives
to be considered include, but are not limited to:
(a) Alternative locations, configurations and access for the arterial highway,
interchange or collector highway, including but not limited to grade-separated
interchanges and complete or partial construction below grade with cover and
landscaping suitable for recreational use or for construction of City streets, bike
paths or pedestrian walkways;
(b) Alternative pavement types;
(c) Alternative highway maintenance and snow removal methods;
(d) Sound walls and other sound-mitigating techniques;
(e) Berms;
(f) Landscaping;
(g) Speed control devices;
(h) Limits on the use of compression brakes; and
(i) Wildlife crossings and pedestrian bridges.
1
Community Development &
Neighborhood Services
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov.com/planning
MEMORANDUM
DATE: February 2, 2022
TO: Mayor and Councilmembers
THRU: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Caryn Champine, Planning, Development and Transportation Director
Paul Sizemore, Community Development and Neighborhood Services Director
FROM: Kelly Smith, Senior Environmental Planner
SUBJECT: 1041 Regulations Public Engagement Plan
The purpose of this memo is to provide City Council a copy of the Engagement Plan for the 1041
project and invite suggestions for additional stakeholders or engagement activities. City staff has
initiated the first engagement phase of the 1041 Regulations project that will occur through the
month of February 2022 and into March 2022. If Councilmembers have questions, concerns or
comments please let staff know. Thank you.
DocuSign Envelope ID: 82891510-9281-4A18-A796-1570B037A5F9
ATTACHMENT 6
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FORT COLLINS 1041 REGULATIONS
Engagement Plan
This community Engagement Plan (EP) provides guidance and direction for the involvement
activities that will inform the development of the Fort Collins 1041 Regulations for Water and
Highway Projects. Listening and responding to the community and stakeholder groups are
important to the process, and as such, this EP is intended to outline the approach to meaningful
engagement by all affected stakeholders early, frequently, and effectively throughout the
process.
Project Objectives
The goal of the project is to develop 1041 Regulations for Water and Highway projects that are
contextually appropriate to Fort Collins, predictable for developers and decision makers,
transparent for the public, and provide adequate guidance for review by City staff. As part of this
process, it is critical to engage the public and stakeholders, and provide educational materials to
facilitate the discussions.
Groups to Engage
General Public
The public will be invited to participate and engage through online activities, public events and
one-on-one meetings with City staff.
Boards and Commissions
The following Fort Collins boards and commissions will be engaged and updated during their
regular meetings:
Land Conservation & Stewardship Board (LCSB)
Natural Resources Advisory Board (NRAB)
Air Quality Advisory Board (AQAB)
Water Commission
Planning and Zoning
Transportation Board
Additionally, all boards will be engaged during a Super Issues meeting to be held during the
third quarter of 2022.
Stakeholder Groups
Technical Working Groups for specific topic areas have been formed to guide the development
of regulations. The Working Groups consist of technical specialists, City staff, Larimer County
staff, and stakeholders from advocacy groups and organizations. The groups will be led and
facilitated by City staff and Logan Simpson, who was contracted to help with engagement for
the project. The following external stakeholder groups have been created to engage at
milestones in the process:
Colorado Department of Transportation (CDOT) staff
DocuSign Envelope ID: 82891510-9281-4A18-A796-1570B037A5F9
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Water/Sanitation Providers
Environmental Advocacy
o Save the Poudre, American Whitewater, Sierra Club, League of Women Voters,
CSU Conservation Leadership, Fort Collins Sustainability Group, Ray Watts
(former LCSB chair)
Economic and Municipal Group
o Chamber of Commerce, Greeley, homebuilders, CSU (Capital Projects)
Boards and Commissions Working Group
o LCSB
o Planning and Zoning Commission
o NRAB
o Transportation Board
o Water Commission
o AQAB
Larimer County staff
The following internal stakeholder groups have been created to engage at milestones in the
process:
Water/W astewater staff
Water Conservation staff
Engineering staff
Environmental and Historic Resources (Parks, Natural Areas, Environmental Planning,
Historic Preservation, Air Quality, Environmental Regulatory Affairs)
Distribution and Notification
Online Activities
A webpage has been developed to relay general information about 1041 Regulations,
project history and timeline, and information about 1041 Regulations in other
communities.
An Our City webpage has been developed as an interactive web-based tool for engaging
the public through surveys, registering for email updates, and submitting comments.
Project updates/notifications on Facebook, Twitter, Nextdoor
Broadcast Outreach
Development Review Newsletters, Press Releases, Project Email List, Utility Bill Mailers
Regulation Topics and Questions
Topics of exploration during the process include, but are not limited to, the following:
1. Parameters, Exemptions, and Thresholds
a. Clarify categories of projects to be regulated
b. Provide clear thresholds for hierarchy of review/approval
2. Review Criteria
a. Criteria that is specific enough for decision-makers and applicants
3. Application Requirements
DocuSign Envelope ID: 82891510-9281-4A18-A796-1570B037A5F9
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a. Use Larimer County’s regulations as a basis for evaluation.
b. Need to be granular for Fort Collins, while not contradicting County and State
expectations.
c. Try to find alignment with County (in the case that applicants need to go through
both processes)
4. Application Review Process
a. Opportunities for alternatives/flexibility
b. Can a project be appealed?
c. Can a Director decision for a required permit be appealed?
Tentative Schedule
DocuSign Envelope ID: 82891510-9281-4A18-A796-1570B037A5F9
Date: 2/8/22
Topic: Boards and Commission 1041 Regulations Discussion
Duration: 1.5 hours
Participants: City of Fort Collins, Michelle Haefele (Planning and Zoning), Karen Artell (Air Quality
Advisory Board), Denise Culver (Land Conservation Stewardship Coordinator), Barry Noon (Natural
Resources Advisory Board), Ted Shepard (Planning and Zoning), Stephanie Blochowiak (Transportation
Board), Logan Simpson
Meeting Goal: Meeting between Boards and Commissions and the City of Fort Collins to start a line of
communication about addressing concerns and framework of developing 1041 regulations.
Why the City of Fort Collins is Developing 1041 Regulations: 1041 regulations are an initiated project by
City Council. The City of Fort Collins found that projects that go through the SPAR process (advisory and
scope) only provide an advisory role, where City Council would like a more influential role in the
development process for larger projects that have an effect on the city. City Council directed staff to
develop 1041 regulations for water and highway projects.
General thoughts on 1041 for the City of Fort Collins:
•Projects with adverse or significant impacts should be evaluated; adverse impacts need to be
evaluated through several lenses (not just environmental)
•1041s elevate the decision maker, where SPAR ends at P & Z
o With larger projects with potential adverse or significantly adverse impacts, City Council
should have the final decision
o SPAR can be overruled by the entity that brought the project forward which can be
problematic
•The population growth in Northern Colorado requires careful measures for sustainable growth,
the 1041 process would take greater considerations into impactful projects (SPAR doesn’t seem
suitable anymore)
•1041s are an opportunity for a clear process to inform applicants on the decision maker and to
cut down on the appeal process
•Strong opposition to more Northern Water projects, the Poudre’s fisheries and water ecology is
suffering from current usage and can’t sustain additional diversions or uses
•In Northern Colorado, there’s a lack of communication between the City’s plan and other special
interest groups, and 1041s would help mesh collaboration
•SPAR process is also derived from state statues like 1041s
o The reason the state allows municipalities to use the SPAR process is because other
political subdivisions contested municipalities on their authority to regulate them
•It sounds like 1041 process is an entirely new program
Considerations for 1041s:
•Consider private landowners and how impacts affect them
•Look at other organizations scopes for environmental justice planning and resources including
equity (CDPHE Map) (City of Fort Collins also has a health equity index map)
ATTACHMENT 7
• Look at pre, during, and post impacts of transportation construction, patterns, and design and
how each phase relates to air quality
o Where are hazardous materials being stored during these phases?
• Start with Larimer County’s guidelines for a vision statement regarding regulations and public
engagement
• 1041s should look at cumulative effects which is required under NEPA but poorly done.
o E.g., Wind power development effects on Bald Eagles, permit process was looking at
individual towers, but disregarded the cumulative effect of all towers on eagles.
Cumulative effects take more time to evaluate but it is important
• There’s a lot written on applied ecology literature on how to approach definitions and criteria
for adverse and significant adverse impacts (could help outline the City’s definitions)
• Write some criteria in a qualitative manner for the performance side rather than prescriptive, so
applicants don’t just check the box for the minimum requirements
• Start with visions and aspirations that work down to specific criteria (all standards are
minimum). More explanatory text, graphics, figures – it helps better review for compliance in
the end
• Definitions for 1041s need to be deeply informed by research and data for adverse and
significant adverse impacts
• Provide predictability to regulations with what the city is capturing – E.g., volume of water,
easement width, thresholds
Concerns with 1041s:
• Can a 1041 review provide flexibility?
o Advantage with IGA and flexible approach you could remove 60-day timeline
o 60-day timeline is cumbersome
o Flexibility that provides benefits to all parties and not just one
o Include public participation and opportunities to apply conditions of approval
• Don’t make the 1041 process ambiguous
• Shy away from the hierarchy of approval types – applicants potentially will shop for a forum that
they want, which puts pressure on City staff to make a qualitative decision on where to place
projects to disregard any forum shopping
• Hierarchy to 1041s could cause a tough determination process for City staff for what projects
qualify for certain thresholds, leading to extra time and strain on staff
Answered Questions:
• If there’s a hierarchy, would there be an appeal process?
o Yes, there will be an appeal process for the director decision to apply 1041, but city
council is the ultimate decision maker, but if P & Z deny a project, the applicant can
appeal to city council
• If a water pipeline goes through the city, are you looking at both private and public land through
a 1041 process?
o Yes, 1041s provide private landowners a tool for negotiation
• If the city does go forward with approving 1041s would SPAR go away?
o Essentially a net would be put on SPAR projects and if a SPAR project netted a project
that qualified in 1041s threshold, it would go through the 1041 process, the rest would
continue through SPAR
• Any other similar size cities use 1041s?
o Very few cities, especially large ones, use 1041s as a tool to regulate and communities
that do are usually smaller
o Used broadly by counties
• What if the county and city are in opposition of 1041 regulatory decisions?
o E.g., NISP would have to acquire a permit through the city and could not move forward
with their project in the city until a permit is granted.
• Is the purpose to define 1041 thresholds to deal with 60-day timeline?
o No, City staff and the decision makers will work to make sure the pre-submittal
requirements for an application are near a final point to make an informed decision
within those 60 days
o Envision these projects going to P & Z first before City Council
• Is the 60-day timeline in state statue?
o Yes
• I-25 North Exchange Project (went through SPAR), how is it different through 1041?
o A lot like SPAR in terms of a 60-day timeline, but 1041 is a permit to work closely with
city staff to give the city a decision-making power to help regulate. 1041 is not just
advisory and scope.
Questions to still Consider:
• How can equity considerations be incorporated into criteria?
• How does the city incorporate social justice into 1041s… through review or criteria?
Date: 1/28/22
Topic: CDOT 1041 Regulations Discussion
Duration: 1 hour
Participants: City of Fort Collins, CDOT, Logan Simpson
Meeting Goal: The first meeting between CDOT and the City of Fort Collins to start a line of
communication about addressing concerns and framework of developing 1041 regulations.
Why the City of Fort Collins is Developing 1041 Regulations: 1041 regulations are an initiated project by
City Council. The City of Fort Collins found that projects that go through the SPAR process (advisory and
scope) only provide an advisory role, where City Council would like a more influential role in the
development process for larger projects that have an effect on the city.
Previous CDOT (Region 4) Involvements with 1041 Regulations: Region 4 of CDOT only just went
through their first 1041 process with Boulder. The process created a lot of extra spending on CDOT’s
part for extra applications that didn’t provide additional insight into the development process. It seems
part of the issue is that 1041 regulations expect projects to be near the final product, which isn’t realistic
or representative of the development process for CDOT.
In the end, both CDOT and Boulder came to an agreement and settled the project on good terms, but
there was 8 months of deadtime, where CDOT was waiting for further communication and direction
from Boulder. Leading to delays in projects and increased spending on CDOTs behalf.
CDOT Concerns:
• The 1041 process seemed to just help internal communications within the county, rather than
make the process more efficient and beneficial to both parties (Boulder and CDOT)
• There is a fear that 1041 regulations just add more bureaucracy to the development process and
slow it down
• Make sure that CDOT is not judged differently from City of Fort Collins projects
• The 1041 process will be more rigorous than the city development review process with little to
no additional value towards the overall outcome of the project
• 1041 regulations can jeopardize funding opportunities for CDOT. Federal grants require projects
to be shovel-ready and have deadlines by which a project must be constructed. Also, funding
can be unpredictable; sometimes projects get awarded unanticipated funding which accelerates
timelines.
• 1041 needs to allow for flexibility and innovation
• Authority can come in at a very late stage in the development process, which costs CDOT a lot of
additional money, even if the authority makes the right decision in the end
• If the City of Fort Collins 1041 regulations are too rigorous and hinder the progress of projects,
there’s a potential that CDOT might have an easier time delegating resources to projects in
other communities to complete necessary objectives. Also, might look to find ways to get IGAs
instead, to avoid the process
Discussion of the 1041 Process:
• The 1041 process would be most efficient if applied to the planning phase of projects. This
would help CDOT better apply and receive funding for their projects
• Create a tiered approach to the way the city applies the 1041 process
• Consistent and predictable guidelines
• For the City of Fort Collins to enter the planning process in a timely manner while keeping views
consistent and transparent
Discussion of Exemptions:
• Exempt projects that deal with relief efforts (Example: Boulder Creek Floods 2013)
• Projects involving maintenance or improvements within CDOTs right-of-way
• Opportunities for variant processes if there is collaboration between entities (City of Fort Collins
and CDOT). An example is the Prospect Interchange. The City of Fort Collins funded the project
and asked CDOT if they could add the improvements into their plans. There was alignment and
collaboration and that didn’t require 1041 powers.
Questions to still Consider:
• What are the thresholds that would put a project into the 1041 process?
• What are the right windows for CDOT projects to be evaluated through the 1041 process (CDOT
projects can be time sensitive)?
• Should NEPA projects be exempt?
Date: 2/3/22
Topic: Economic/Municipal Group 1041 Regulations Discussion
Duration: 1 hour
Participants: City of Fort Collins, Economic/Municipal Group, Logan Simpson
Meeting Goal: The first meeting between Economic/Municipal Group and the City of Fort Collins to start
a line of communication about addressing concerns and framework of developing 1041 regulations.
Why the City of Fort Collins is developing 1041 regulations: 1041 regulations are an initiated project by
City Council. The City of Fort Collins found that projects that go through the SPAR process (advisory and
scope) only provide an advisory role, where City Council would like a more influential role in the
development process for larger projects that have an effect on the city.
Economic/Municipal Group Concerns:
• There’s a fear that 1041s might impact smaller projects that don’t have statewide impacts,
which would add to delays and costs
• There’s confusion on what the 1041 process adds to the development process that the current
development process doesn’t work
• Collaboration and consideration of how 1041s will affect other surrounding communities, based
on connectivity and resources (look through a lens of regionality)
• That the 1041 process will be onerous process that adds complexity, time, and cost to projects
• The 1041 process needs to be practically achievable from a criteria standpoint
• Construction and material costs are up so project delays are extremely costly
• Line-up 1041 process with federal and state permitting to expedite the approval and application
process
• Potential large housing implications from 1041s increasing delays with the cost of construction
and materials
Discussion of the 1041 Designations:
• Create thresholds for the size of waterlines to undergo the 1041 process (20” transmission lines
or greater?)
• Exempt maintenance and repair projects
Questions to still Consider:
• Who will evaluate the 1041 process?
• What water projects are subject to 1041s?
• How can 1041s be structured to reduce delaying projects?
• How detailed will the criteria for the 1041 application be?
• Develop a hierarchy system of decision making based on project requirements and impacts?
Date: 2/3/22
Topic: Water Providers 1041 Regulations Discussion
Duration: 1 hour
Participants: City of Fort Collins, Water Providers, Logan Simpson
Meeting Goal: The first meeting between Water Providers and the City of Fort Collins to start a line of
communication about addressing concerns and framework of developing 1041 regulations.
Why the City of Fort Collins is developing 1041 regulations: 1041 regulations are an initiated project by
City Council. The City of Fort Collins found that projects that go through the SPAR process (advisory and
scope) sometimes only provide an advisory role, where City Council would like a more influential role in
the development process for larger projects that have an effect on the city.
Water Providers Concerns:
• Wastewater utilities already go through various development review processes to make sure
wastewater projects are carried out appropriately, 1041s seem like another level that repeats
existing measures already taken (e.g., wastewater follows federal regulations for discharge
limits through the Clean Water Act)
• When public input involves multiple meetings, the process can create large impacts on timing
and cost, resulting in reports never getting complete
• Wastewater utilities already have good working relations with the city considering this,
continuing working together without additional permitting processes might be more sustainable
than more permitting
• There isn’t an issue in generating reports for permits or having them reviewed, but the
communication between entities is often poor, and results in the reports never being finished
Discussion:
• What is the extent of jurisdiction for 1041s for the city of Fort Collins?
o Properties in city limits are what 1041s would regulate
o The definition of development excludes any utility work in the right-of-way or existing
easements as of now
o Projects not within city limits would then go to Larimer County’s authority
• Larimer County has vague language for their 1041s
o E.g., Larimer County uses designation criteria language, such as “The impact of the
activity or area on the environment of Larimer County, including impacts related to
climate change”, but does not specifically outline what impacts relate to climate change
o Create clear criteria and definitions so applicants have an idea of what they are facing
for the 1041 so it’s not ambiguous
• Benefits and impacts to the community are review criteria measurements for the 1041 process
• For the 1041 review process, a completeness determination should be done early in the project
to reduce delays
• Loveland Fort Collins Water District
o Loveland Fort Collins Water District has a standard easement for sewer lines of 30 feet.
Larimer County’s 1041 criteria states that sewer lines with a width of 30 feet or greater
easements require 1041s, which would qualify all of Loveland Fort Collins Water
District’s sewer line projects.
o Potential for Loveland Fort Collins Water District to start building in 29 feet easements
instead. Make 1041s contextually appropriate for water projects that have statewide
impacts
Questions to still Consider:
• What would be the extent of impact studies for 1041s?
o Does the impact study look at the associated property or all potential impacted points
along a river?
Date: 2/4/22
Topic: Environmental Groups 1041 Regulations Discussion
Duration: 1 hour
Participants: City of Fort Collins, Fort Collins Sustainability Group, American Whitewater, Sierra Club,
League of Women’s Voters, Conservation Leadership at CSU, Logan Simpson
Meeting Goal: The first meeting between Environmental Groups and the City of Fort Collins to start a
line of communication about addressing concerns and framework of developing 1041 regulations.
Why the City of Fort Collins is developing 1041 regulations: 1041 regulations are an initiated project by
City Council. The City of Fort Collins found that projects that go through the SPAR process (advisory and
scope) only provide an advisory role, where City Council would like a more influential role in the
development process for larger projects that have an effect on the city.
General Comments:
• An issue identified with 1041s for other interest groups, like CDOT, are the windows for funding
if the final permitting process takes too long. The length of extra permitting processes may delay
projects and increase costs significantly.
• Will specialized entities be able to provide technical review for individual impacts?
o Current code allows City of Fort Collins staff to refer plans to other entities for further
review
o There is an incorporating provision with Oil and Gas regulations for the City of Fort
Collins, where it will be up to the applicant to pay for any technical review of documents
if staff does not have the capacity or expertise to review. This has always been assumed,
just never written.
Discussion of the 1041 Designations/Process:
• Environmental impacts that should be evaluated through 1041s: Air quality, water quality, water
supply, disturbance of natural areas, recreational opportunities, water levels, public health,
sensitive species.
• Reservoirs, pipelines, diversions, water storage, municipal water projects, water conservation
should all be under 1041s
• Allow flexibility to look at each project individually when evaluating submittal requirements for
stringent impacts
• Have applicant identify all impacts so that the reviewing body has an opportunity to declare
what the significant impacts are for a specific project because that will vary from project to
project
• Projects need to be slowed down so significant impacts can be appropriately evaluated
• Have an appeal process for concerned bodies to enact
• City Council as an elective body should have the final decision. Planning & Zoning could do the
initial review for FONSI
• Use public health data as criteria for 1041s guidelines so it’s black and white
• Have early public engagement in the 1041 process
Questions to still consider:
• For long-term impacts, how far ahead should applicants be identifying significant impacts? 5, 10,
20 years?
Chat Discussion During Meeting:
[2:43 PM] Kelly Smith New communities" means the major revitalization of existing municipalities or the establishment of urbanized growth centers in unincorporated areas.
[2:43 PM] Kelly Smith this is the state statute's definition which differentiates between county and city
[2:44 PM] Kelly Smith I am asking our attorney how other communities have defined "major revitalization" and whether it
includes greenfield development like Montava or Hughes [2:44 PM] Miriam McGilvray Larimer County’s 1041 Regulations, adopted January 2022 available
here:https://www.larimer.org/planning/phase-ii-larimer-county-land-use-code/1041-permitting Larimer County's Review Criteria: B. The project will mitigate impacts to property held by others. D. The applicant has adequately considered reasonable siting and design alternatives, including co-location when requested by Larimer County, or shown why such alternatives are not available or not feasible, and the proposed project is the best alternative available based on consideration of consistency with the Comprehensive Plan, Land Use Code, need, existing technology, cost, and impact on the site and surrounding property. F. The proposal incorporates the growth and development concepts reflected in the Larimer County Comprehensive Plan to ensure that the development will not significantly degrade the environment or natural resources or exacerbate or worsen climate change. For purposes of this section, the term environment shall include:
• air quality,
• surface water quality and stream and river health,
• groundwater quality,
• wetlands and riparian areas,
• terrestrial and aquatic animal life,
• terrestrial and aquatic plant life,
• soils and geologic conditions, and
• visual quality. H. The proposed project will not have a significant adverse effect on or will adequately mitigate significant adverse effects on any adjacent existing land use and development patterns, such as neighborhoods or rural development, or adjacent natural resources. I. The proposed project will not adversely affect any sites and structures listed on the State or National Registers of Historic Places or
identified through a Class 1 Natural Resource Survey, when required. K. The proposed project will not be subject to risk of significant damage or harm to human life or structures from natural hazards
including floods, wildfire, or geologic hazards. L. Adequate public facilities and services, including sufficiency of water supplies and wastewater treatment capacity, are available for the proposed
project or will be provided by the applicant. O. The proposed project will not unduly degrade the quality or quantity of recreational opportunities and experience. P. The planning, design, and operation of the proposed project will reflect principles of resource stewardship and conservation, which is characterized by but not limited to: energy efficiency, recycling or reuse, adaptive management, and conservation or mitigation strategies for forest, water, soil, and other applicable natural assets. Q. The proposed project will not interfere with public view of: scenic viewsheds, ridgelines, or vista; riparian tree canopies; or unique land formations, or that the potential interference has been adequately mitigated. R. The applicant will mitigate any construction impacts to county roads, bridges, and related facilities caused by the proposed project. Construction access will be re-graded and revegetated to minimize environmental impacts. S. The benefits, in terms of physical improvements, enhanced services, or environmental impacts, of the proposed project outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. [3:00 PM] Kelly Smith Questions for consultant expert:
1. How flexible are the definitions in the state statute to be customized to fit our local needs? For
example, Natural resources of statewide importance" is limited to shorelands of major, publicly
owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by
the division of parks and wildlife of the department of natural resources, in a proposed area
could be endangered. Can the definition include more than just these resources? Can our
Natural Areas be included in this?
• Answer: A City cannot expand the statutory definition. If the City’s Natural Areas can be
considered “significant wildlife habitats in which the wildlife species, as identified by
CPW in an area could be endangered” then a City must designate that area and require
a 1041 permit.
2. New Communities: in the statute it is defined as “a major revitalization of existing
municipalities.” What is a major revitalization of a municipality? How would this be defined?
Could a new greenfield development that is large in scale qualify?
• Answer: The state statute is vague with all activities and areas, and requires jurisdictions
to further define “New Communities” through thresholds to differentiate projects of
significant scale. Thresholds will differ between communities because each community’s
growth and density will differ. Usually “New Communities” projects are reserved for large development projects such as metro districts at a scale with a meaningful impact to the city.
• City Staff Analysis: It is possible to regulate large scale development projects like
Montava through 1041, however, the City already has a Metro District approval process
with City Council as the decision-maker. City Council is also the decision-maker for
Planned Unit Developments that are greater than 640 acres; otherwise the Planning and
Zoning Commission is the decision maker. All decisions in these circumstances are
binding. In the case of Hughes, where it would fall under SPAR and our authority limited,
it is possible to regulate through 1041 provided that the City determines a threshold
that qualifies Hughes as a “significant revitalization project of the city.” If the city did
regulate Hughes through 1041, it is important to note that 1041 would not stop Hughes
from being developed rather the City would have more authority over the design,
density, impacts, site layout etc. than if it were reviewed through SPAR.
3. What is our authority over things that other regulatory agencies regulate, such as water supply
(state), wetland mitigation (Corps), etc
• Answer: 1041 does not supersede other regulatory agencies nor the reverse. The most
common approach to dealing with a project requiring multiple agency permits is to
approve a project with the condition the project receives all other associated permits,
which acknowledges the reciprocal relationship.
4. How have cumulative impacts and climate change been addressed in other regulations.
• Answer regulations in other communities have not done a good job on this so far. The
city could add submission requirements and approval criteria addressing these
conditions.
Date: 2/23/22
Topic: Discussion of 1041 Regulations with Fort Collins Community Members
Duration: 6:00pm-7:00pm (1 Hour)
Participants: City of Fort Collins, Public Members, Logan Simpson
Meeting Goal: Members of the Fort Collins community are invited to provide feedback and input as the
City works to develop 1041 regulations. Topics being explored include the types of projects to be
regulated, project thresholds that would trigger a permit, environmental impacts, and application
approval processes.
Why the City of Fort Collins is Developing 1041 Regulations: 1041 regulations are an initiated project by
City Council. Currently, the City of Fort Collins approves public projects through a Site Plan Advisory
Review (SPAR), which is based on state statutes that delegate an advisory role to local jurisdictions to
review the location, character, and extent of proposed developments on parcels owned or operated by
public entities. Applications are reviewed by the City’s Planning and Zoning Commission and decisions
can be overruled by an applicant’s governing body by a 2/3rds majority vote. City Council would like a
more influential role in the development review process for larger public projects that affect the city.
General Comments on 1041s for the City of Fort Collins:
• Some regulations are crafted to understand the local benefit, so how we craft the findings or
criteria for approval is very important. The city can craft criteria to look at the local and state
benefits.
• If your project is affected by the moratorium there is an exemption process that City Council can
approve.
• So, applicants are aware of the review process, layout how long different reviews are going to
take and how the city is going to assess criteria for each review.
• Lots of concerns about grinding development to a holt and economic development so a
provision was created that a decision must be made within 60 days
o Puts burden on the applicant to get a complete application in and assurance from staff
that they can complete a full review intime. This is a robust application process and
when it comes to cost, applicants are required to do extra technical studies to get those
application materials completed.
Recorded Meeting Questions and Answers:
Who defines "state interest" and how is it defined?
• State statute authorizes “state interests” and the City of Fort Collins cannot define their own
interests for 1041 regulations. The city can craft regulations around the scope of what the state
statute has provided.
Curious if Denver has 1041 regulations implemented?
• No
Is oil and gas included?
• Larimer County regulates oil and gas pipelines through 1041 regulations.
• Major transmission lines could elevate a procedure into 1041 regulations.
Are any specific highway projects being eyed for initial 1041 use? What are they?
• No, but staff looked at all the major projects that went through the SPAR process to understand
what the minimum number of projects or areas and activities of state interest could be
proposed to City Council for 1041 regulations. These projects are all about development
pressures and impacts.
How are costs for 1041 permitting process going to be paid for? By the City or by the applicant? What if
the applicant is the city itself?
• The City of Fort Collins has development review fees that reimburse staff for reviewing
applications. We also ask the applicant to prepare all review resources prior to submittal to
prevent further costs or delays.
• If the city doesn’t have appropriate city staff to review certain technical reviews, then the
applicant would have to pay for a 3rd party to conduct the technical review.
• It is possible, as a utility provider, that the city’s project can fall under 1041s.
Will there be training and administrative support for applicants to help keep the review moving?
• Absolutely. City Staff work directly with applicants to ensure application materials are complete.
The city is unique in that a development review coordinator AND city planner are assigned to
each project so there is a consistent point of contact for applicants to ask questions and
schedule meetings.
I'm a little confused on the timing of the review at 120 days - does this mean it will be an additional 4
months on the development processes?
• No, it means that upon receiving a complete application the clock starts and the state statute
declares that the review needs to be completed within 60 days (it is not 120 days). City staff will
have to write a lengthy report to present findings to Planning and Zoning, and then Planning and
Zoning will present a recommendation to City Council --- this is a fast turn around for the whole
review process.
How do you anticipate these 1041 regulations overlapping with state and federal permitting processes?
• We can structure 1041s to consider federal results of processes and unify multiple permit
processes together, to allow a single hoop to be jumped through for multiple permits.
I'm a layman. Will the applicants be contractors for highway and water projects?
• The applicants will be CDOT (for highway projects), Sanitary Sewer Districts, and Water
Suppliers/Providers. Applicants will probably not be a design firm or construction company.
Date: 2/23/22
Topic: Discussion of 1041 Regulations with Fort Collins Community Members
Duration: 12:00pm-1:00pm (1 hour)
Participants: City of Fort Collins, Public Members, Logan Simpson
Meeting Goal: Members of the Fort Collins community are invited to provide feedback and input as the
City works to develop 1041 regulations. Topics being explored include the types of projects to be
regulated, project thresholds that would trigger a permit, environmental impacts, and application
approval processes.
Why the City of Fort Collins is Developing 1041 Regulations: 1041 regulations are an initiated project by
City Council. Currently, the City of Fort Collins approves public projects through a Site Plan Advisory
Review (SPAR), which is based on state statutes that delegate an advisory role to local jurisdictions to
review the location, character, and extent of proposed developments on parcels owned or operated by
public entities. Applications are reviewed by the City’s Planning and Zoning Commission and decisions
can be overruled by an applicant’s governing body by a 2/3rds majority vote. City Council would like a
more influential role in the development review process for larger public projects that affect the city.
Recorded Meeting Questions and Answers:
What are the costs of actively engaging in a 1041 process?
• The costs of engaging in a 1041 process are currently being discussed and developed by working
with water and sewer providers, CDOT, Boards and Commissions, and other stakeholders to
understand the costs and benefits of the 1041 process.
Can additional activity areas (projects) be added for regulation at a later date?
• Yes, additional areas or activities of state interest designated by state statute can be added
later. For example, Larimer County just added highways in their updated regs in January 2022.
• Larimer County also regulated wind energy projects, but currently there are no wind energy
projects in Larimer County. Larimer County initially designated this activity because of one initial
wind energy project but there haven’t been any additional projects since. 1041s can be
customized and updated to tailor to a community’s needs
Would/could Stormwater or floodplain projects by outside agencies be included within the projects
reviewed under water?
• The definition of water under the state statute is very broad. Floodplains can be designated as a
geographic area of state interest, so for example, any project over a certain size in a floodplain
can be triggered for a 1041 review, but the city is currently not considering floodplains under
1041s. This would have to be regulated under a different activity not under water as it stands.
Can the City require the agency proposing the project to pay all 1041 costs?
• The City of Fort Collins has development review fees that reimburse staff for reviewing
applications. We also ask the applicant to prepare all review resources prior to submittal to
prevent further costs or delays.
• If the city doesn’t have appropriate city staff to review certain technical reviews, then the
applicant would have to pay for a 3rd party to conduct the technical review.
When an application is received, what is your estimate of the duration of the public comment period?
• This is criteria that is open for discussion and can be customized based on input. If you have a
specific suggestion or recommendation for the public comment period, please let us know.
• Suggestion of 30 days minimum.
• Make the public comment period longer for more complex projects; it can take a long time to go
through massive application materials.
• State statute requires a decision be made within 60 days after receiving a formal application.
The opportunity to provide public comments would be at a hearing. So typically, the comment
period for large scale projects would be around 45 days.
Should the 1041 somehow incentivize multimodal options or be exempted from 1041s?
• Multimodal transportation is always an "add-on" to highway or road construction. It should be
core to our transportation strategy. I believe we should make auto transportation more
cumbersome, to discourage auto use. No more lanes on I25, for example.
Agree or disagree “1041 regulations should be used sparingly for only the biggest or most impactful
projects”.
• There would need to be clear definitions/distinctions otherwise it would be difficult for
stakeholders to distinguish between what a large project or small project would be classified as.
• There is a concern that disagreements could arise between citizens for definitions of large or
most impactful projects (disagrees with statement).
• 1041s should be used for most projects except projects found to have insignificant impacts.
• There is hesitancy associated with how 1041s would be applied to projects – there’s a feeling
that there will be different views between what agencies/applicants see as impactful projects
and what citizens see (disagrees with statement).
o Where it gets trickier, for these projects definitions/criteria, is the amount of water
servicing an area based on the size of development. Pipe size and easement width and
development size are usually the thresholds used in other communities.
Can an application be judged incomplete and sent back to the applicant if new issues emerge during
staff or public review?
• Conditions of approval can be made once an application is received so the public can provide
comments to influence decision makers to impose approvals on a decision.
• The application can be judged incomplete by a decision-maker which would then require the
applicant to start over and submit an entirely new application. The new application would
include similar submittals but also additional materials to be completed.
• It is up to the applicant to make sure everything in the applicant process is complete before
submitting to city staff for review, otherwise they might have to start over.
Who is the director for the City of Fort Collins?
• Community Development and Neighborhood Services is the Director, and if the Director
approves a review, there still needs to be an opportunity for Council to override.
ATTACHMENT 8
NATURAL RESOURCES ADVISORY BOARD
TYPE OF MEETING – REGULAR
June 15, 2022 6:00 – 8:00 pm
Via Zoom
0 6 /15/2022 – MINUTES Page 1
CALL TO ORDER
6:02 pm
ROLL CALL
•List of Board Members Present –
−Barry Noon
−Dawson Metcalf - Chair
−Drew Derderian
−Victoria McKennan
−Kevin Krause- Vice Chair
−Danielle Buttke
•List of Board Members Absent – Excused or Unexcused, if no contact with Chair
has been made
−Hillary Mizia
−Avneesh Kumar
•List of Staff Members Present
−Honore Depew, Staff Liaison
−John Phelan
−Kira Beckham
−Kelly Smith
5.NEW BUSINESS
c.1041 Rules – Kelly Smith, Senior Environmental Planner, discussed Draft 1041
Regulations, next steps in the process and provided an overview of how engagement has
influenced the Draft Regulations, prior to a June 28 Council Work Session. (Discussion)
−Danielle – Q – It is interesting to see how many proposals have already been
considered under this new framework and authority. I had traditionally
thought of this as a niche issue, but it is broader. Is this volume backed
logged because of not having this mechanism in place, is this a typical
number of permits, or do you anticipate seeing many more of these moving
forward? Kelly – A – The slide that oriented you to some of the projects,
those are projects that we have reviewed already through the SPAR process.
ATTACHMENT 9
NATURAL RESOURCES ADVISORY BOARD
TYPE OF MEETING – REGULAR
0 6 /15/2022 – MINUTES Page 2
That gives you sort of a perspective of how the mechanics would work for this
tiered system. In terms of potential projects, I have met with several water
providers, and we will see a lot more water projects. It is doubtful we will see
a lot of highway projects; they are just not significant enough. The one that
might trigger a permit is the Mulberry I-25 project because interchanges are
included in that. As for City projects, pretty much all our utility infrastructure is
built, so we don’t anticipate anything coming through at this moment
− Kevin – Q – The Board had expressed support in the past for moving
towards this system. It seems like a while ago for some of that understanding
the timeline to show for how critical is it that this Board continues to express
any specific support. I know it was mentioned earlier that the LCSB express
support just for context. I know we have to go back and talk about some other
items from earlier in our meeting and some actions we want to take, but
maybe just personally just for thoughts on how important it is we continue to
weigh in right now based on momentum, the direction, and so forth. Kelly – A
– Yes. I will say something that was asked at LCSB is whether there are folks
that are opposed. There are some groups who are in support and some who
are not. I think if you are in support of this project, it would be helpful for City
Council to know. I am not suggesting at this time to voice support for a tiered
system or getting really specific but in general your support for the project
and what it offers the City as a regulatory tool would be really important for
City Council to know. I will be coming back after the City Council work
session to let you know updates because I anticipate other changes
happening to the code. I would love to hear your thoughts and get a final
recommendation once this project is ready for adoption.
− Danielle – Q – As a memo, meeting minutes, or both? Kelly – A –
Memo or meeting minutes are fine. I just submitted all my materials
today, but I can add it as an attachment later. Whatever works for you.
− Danielle – Comment – I will say I just really appreciate this project. I think it
is critically important to have oversight that is necessary, particularly when
there is a lot of special interest more involved at County levels. I appreciate
the nature of this process, as well as the time and effort that goes into it. I
think it is critically important to have in place.
− Kevin – Comment – I fully agree, for the purpose of the minutes, that I am
highly supportive of this tool and the examples were shown to be needed fo r
the best interest of citizens and City assets like the lands the City resides on.
− Dawson – Comment – In purpose of the minute as well, I do support going
forward with this project.
Draft 1041 Regulations
06-28-2022
Kelly Smith
Senior Environmental Planner
ATTACHMENT 10
2Questions
•Do Councilmembers support a tiered review process based on project impact
instead of a “one-size fits all” regulatory approach, and the criteria used to
determine permit tiers?
•Do Councilmembers support the current engagement plan that allows
adoption of regulations prior to the moratorium expiring?
3Strategic Alignment
COUNCIL
PRIORITY
•Protect and Enhance
Instream River Flows
STRATEGIC
ALIGNMENT
Neighborhood Livability
•1.7 Guide
Development
BUDGET
•Planning and
Environmental
Services Ongoing
Offers
41041 Regulations
§Allow local governments to regulate areas and activities of state interest
§Gives local governments permitting authority over development projects even
when the project has statew ide impacts.
§A l ocal government must designate the areas or activities of state
interest and adopt guidelines pursuant to state statutory procedures and
limitations
5Areas of Statewide Interest
Mineral Resource
Areas
•Gravel Mining
Natural Hazard
Areas
•Geologic
•Wildfire
Historical/Natural/
Archaeological
Resource Areas
•State and
Federally listed
species
Areas Around Key
Facilities
•Highways
•Airports
•Utility
Infrastructure
6Activities of Statewide Interest
New/Expanded
Domestic
Water/Wastewater
Municipal/ Industrial
Water Projects
Highways and
Interchanges New Communities
Public Utilities Solid Waste
Disposal Mass Transit Airports
Geothermal
Resources Nuclear Detonation
7StatutoryProcess
Public
Hearing
Designating
Activity/Area
Moratorium Adopt
Guidelines
Accept
Permit
Applications
1 2 3 4
8Where We’ve Been
May July September October
2021
ANALYSIS &
OPTIONS
PUBLIC HEARING/
DESIGNATION
RESOLUTION:
Study 1041
Powers
MORATO RIUM1122
Engaged•Water Providers
•Sanitation Districts
•CDOT
•30 Communities
Boards/Commissions
Chamber
City Utilities
City Engineering
Water Providers
Sanitation Districts
Developers
CSUEngaged Water Providers
Sanitation Districts
PFA
Engaged
9Where We Are Going
NOVDECJANFEBMARAPRMAYJUNJULYAUGSEPTOCTNOVDECJANAPPROPRIATE FUNDING/
CONTRACTING
CODE DEVELOPMENT
ENGAGEMENT
DRAFT CODE
COUNCIL WORK SESSION
CODE ADOPTION
MORATORIUM EXPIRES
IMPLEMENTAT ION
SCHEDULE
44
31st
15th 20th33
10DRAFT 1041 Regulations
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Pre-Application
•Application
Submittal
Requirements
11DRAFT 1041 Regulations
Permit Hierarchy
Administrative
Permit Full Permit
22 33Findings of No
Significant
Impacts (FONSI)
11
Final
Plan
Final
Development
Plan
Excavation
Permit
ROW
Encroachment
Permit
Stockpile
Permit
12DRAFT 1041 Regulations
Impacts Analysis: Review Standards
Social
•Recreation
•Safety
Environmental
•Public Health
•Visual Quality
•Air Quality
•Water Quality
•Groundwater
•Wetlands & Riparian
Areas
•Wildlife
•Natural Habitats and
Features
•Soils
•Nuisance
•Water Conservation
Economic
•Financially Feasible
•Financial Impacts
•Impacts to City
Infrastructure
•Duplicative Service
Impacts
•Eminent Domain
13DRAFT 1041 Regulations
Pre-Application Process
Conceptual
Review
•Determine 1041 Applicability
•Determine Pre-App Submittal Reqs: Studies
and Mitigation
Pre-Application
Meeting
•Impacts Analysis
•Review Mitigation Approach
•Determine Permit Ty pe
•Determine Permit Application
Submittal Reqs
Neighborhood
Meeting
90 Days From
Accepting
Application
•Understand Public Concern
•Refine Permit Application
Reqs
•May Refine Permit Type
Can Appeal to
City Council
Can Appeal to
PZ Commission
14DRAFT 1041 Regulations
Administrative Permit
Director DecisionStaff ReviewApplication
Complete
Completeness
Review
Application
Submitted
90-days to Decision
120 Day
Continuance
Full Permit
City Council
Hearing
PZ Commission
RecommendationStaff ReviewApplication
Complete
Completeness
Review
Application
Submitted
90-days to Hearing
15DRAFT 1041 Regulations
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)ExhibitsWater Projects •Transmission
Lines
•Water
Diversions
•Water Treatment
Facility
•Reservoirs
•Storage Tanks Wastewater Projects•Wastewater
Treatment
Plants
•Interceptor Lines
•Lift Stations
Highway Projects•State/Federal
Highways,
Collectors or
Interchanges
•Closure of
Frontage Roads
Applicability: Definitions
16DRAFT 1041 Regulations
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)Exhibits
Operations and
Maintenance
Approved Development
with Valid Building Permit
Approved Development
with Vested Rights
Does Not Meet Definition
of Development
Applicability: Exemptions
1 2
3 4
17DRAFT 1041 Regulations
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)Exhibits
Operations and
Maintenance
Approved Development
with Valid Building Permit
Approved Development
with Vested Rights
Does Not Meet Definition
of Development
Applicability: Exemptions
1 2
3 4
Definition of
Development:
Exemptions
1.CDOT projects
within existing
ROW
2.City or Public utility
work within existing
easements/ ROW
18DRAFT 1041 Regulations
Applying the Regulations
Project FONSI Admin.
Permit
Full
Permit
NEWT Pipeline
Northern Integrated Water Supply Project (NISP)X
FCLWD Golden Currant X
CDOT Port of Entry X
X
19Engagement Structure
GENERAL PUBLIC
•Land Conservation & Stewardship Board
•Natural Resources Advisory Board
•Air Quality Advisory Board
•Water Commission
•Planning and Zoning Commission
•Tr ansportation Board
BOARDS & COMMISSIONS
•Tr ansportation (CDOT, City Engineering)
•Water/Sanitation Providers
•Environmental Advocacy
•Economic Focus Group
•Boards and Commissions
•Larimer County
STAK EHOLDER WORKING GROUPS
•Water/Wastewater
•Engineering
•Environmental
CITY STAF F WORKING GROUPS
20What We Heard: Working Groups
Do You Support Ti ered Regulatory Approach
Working Group YES NO
CDOT X
Water/ Sanitation Providers X
Environmental Advocacy X
Economic Focus X
Boards and Commissions X
City Utilities/Engineering X
Public X
21What We Heard: Working Groups
Do You Support Ti ered Regulatory Approach
Working Group YES NO
CDOT X
Water/ Sanitation Providers X
Environmental Advocacy X
Economic Focus X
Boards and Commissions X
City Utilities/Engineering X
Public X
Al igns
Process/Fees w/
Project Impacts
Incentivizes
Ap plicants to
Reduce Impacts
22What We Heard: Working Groups
Do You Support Ti ered Regulatory Approach
Working Group YES NO
CDOT X
Water/ Sanitation Providers X
Environmental Advocacy X
Economic Focus X
Boards and Commissions X
City Utilities/Engineering X
Public X
To o Much
Director
Discretion
Al l 1041 Projects
Should Have
Same Process
Difficult to
Ad minister
23What We Heard: Working Groups
Appealable Director Decisions
Appealable?
Director Decision YES NO
Permit Determination X
Revised Permit Determination X
Administrative Permit Decision X
Permit Suspension X
Extension of Permit Suspension X
24What We Heard: Working Groups
Communities with Tiered Approach
Ti ered
Community YES NO
Routt County X
Arapahoe County X
El Paso County X
Pueblo County X
Boulder County X
Larimer County X
City of Pueblo X
Golden X
Summit County X
25What We Heard: Working Groups
Concern Over Cost for Development Review
1041 Review Similar City Review Process Cost
Conceptual Review Conceptual Review $0
FONSI Site Plan Advisory Review (SPAR)$0
Pre-Application Review Meeting Preliminary Design Review $1,000
Appeal of Administrative Decisions Appeal of Administrative Decisions $100
Administrative 1041 Permit Basic Development Review $16,900
Full 1041 Permit Planned Unit Development $54,475
26Where We Are Going
NOVDECJANFEBMARAPRMAYJUNJULYAUGSEPTOCTNOVDECJANAPPROPRIATE FUNDING/
CONTRACTING
CODE DEVELOPMENT
ENGAGEMENT
DRAFT CODE
COUNCIL WORK SESSION
CODE ADOPTION
MORATORIUM EXPIRES
IMPLEMENTAT ION
33
SCHEDULE
44
31st
15th 20th
27Questions
•Do Councilmembers support a tiered review process based on project impact
instead of a “one-size fits all” regulatory approach, and the criteria used to
permit tiers?
•Do Councilmembers support the current engagement plan that allows
adoption of regulations prior to the moratorium expiring?
For Questions or Comments, Please Contact:
Kelly Smith
ksmith@fcgov.com