HomeMy WebLinkAboutWORK SESSION SUMMARY-08/27/2024-Work SessionCommunity Development and Neighborhood
Services Department
281 N. College Ave., Fort Collins, CO 80524
PO Box 580, Fort Collins, CO 80522
WORK SESSION MEMORANDUM
Date: September 3, 2024
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, PDT Director
From: Kim Meyer, Interim Community Development and Neighborhood Services Director
Subject: August 27, 2024, Work Session Summary - Quasi-Judicial Appeals Process
BOTTOM LINE
The purpose of this memo is to document the summary of discussions during the August 27,
2024, Work Session. All Councilmembers were present, with Mayor Jeni Arndt attending
remotely.
DISCUSSION SUMMARY
Council discussed the content for this work session in multiple segments, to discuss and provide
feedback on several elements of the current Quasi-Judicial (QJ) appeal process. Staff provided
a current state, alternatives, and a recommendation for drafting updated code language on each
of these main issues. A robust discussion on this overall topic provided general support from
councilmembers for updating the process in a variety of ways.
To summarize each of the issues addressed:
1. Decision-maker: Council voiced both support and concerns on this issue but overall
communicated that a well-designed and -considered threshold clarifying the boundaries
of staff decisions, versus what would move to hearing and be determined by the Council,
could help streamline the process. Council would want notification of any remand for a
new (de novo) hearing or decision with an original decision maker. Focus on simplifying
the process and minimizing/avoiding impact to the timeline, while balancing access to
Council with ensuring appeals meet the City’s standards such as merit and standing. A
list of recommended decision types that staff consider appropriate for pre-hearing staff
review and decision-making is listed in the Follow Up Items section. In addition to the
topic of staff decision-making, it was clarified that there is flexibility in which
Councilmembers could be part of a Council committee that decides appeals, and that
those committee appointments could shift on a set schedule.
2. Standing to Appeal: General acceptance of the staff recommendation to require
appellants to participate in the original hearing/decision (oral/written) was communicated
by Council. Concerns expressed were largely related to ensuring community members
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receive sufficient notice of projects and hearings. This item elicited questions and
discussion related to the number of instances of neighborhood notifications, overall
timelines, and opportunities to participate. This was a requested Follow Up Item, which
is attached.
3. Permitted Grounds for Appeal: The recommendation is that any stated grounds for
appeal be based on the current record, and that the issue on appeal was raised with the
original decision-maker. Discussion also included a desire to see additional educational
efforts by staff during development review and hearing efforts, and at appeals pre-
hearing conferences, as well as including the ability for staff to screen Notices of Appeal
to ensure the stated grounds were introduced at an original hearing/decision process.
4. Multiple Levels of Appeals: This item generated a request for a chart or table to more
clearly illustrate the various decision makers and the path of appeals to be able to more
fully understand and determine the best options to address any issues related to
administrative/staff, hearing officers, and boards and commission decisions. The
requested table is attached.
5. Evidence & Arguments: This was an expansive discussion centered on ensuring that
the main arguments in an appeal are narrow in focus and relate directly to the record of
the decision being appealed. Council expressed general support for not accepting new
evidence at hearing and removing the Council site visit. Staff was encouraged to work
towards a more predictable hearing experience for all involved.
6. Process Improvements: A variety of topics were brought up in this space aimed at
ensuring better clarity, awareness, and education: pre-hearing conference encouraged,
but not required; utilize technology and recorded webinars to educate and inform; work
on a more streamlined scheduling system; pre-register respondents to improve
predictability.
The best opportunity for impactful participation and community input is during the development
process, and the appeal process can be misleading and create unrealistic expectations and
frustrations. Council provided feedback that staff should focus heavily on communication, look
into creating an informational video of the process, and developing other opportunities for
education, support, and navigation assistance. Council also noted the difficult role they play
during these QJ appeals, which is quite different than their typical community advocacy work.
Council cautioned both that the community will need some time to understand and process any
updates to the appeal, but also voiced an eagerness to keep up momentum in drafting a
proposed amendment to the code language as the issue has lagged over time. Staff needs to
analyze and weigh the cumulative impacts of any proposed changes when drafting new code
language.
The proposed amendment would be intended for regular adoption and effectiveness date and
would therefore impact any new appeal filed after that date.
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NEXT STEPS
Staff will synthesize the responses and discussions on this issue into proposed code language
with the purpose of updating the City’s appeal process to simplify and streamline the process of
quasi-judicial appeals. Proposed code language will be provided to the Council in advance of a
follow up work session, to be quickly followed by a proposed ordinance for hearing.
FOLLOW-UP ITEMS
Several items were requested as follow-up items to better clarify and inform Council of the
current state and proposed changes.
A) List of recommended pre-hearing decisions to be determined by authorized City staff:
i) Determine Standing of Appellant(s).
ii) Pre-register Respondents prior to an appeal hearing and verify their standing.
iii) Administrative review of Notice of Appeal for completeness including whether issues
raised were addressed before the original decision-maker. To the extent a Notice of
Appeal is not complete, staff would return the Notice to the appellant with the
insufficiencies identified and allow a brief opportunity to correct and resubmit the Notice.
iv) Administrative review of Notice of Appeal in relation to alleged Fair Hearing issues –
to allow any remand to the original decision-maker as quickly as possible, or to dismiss
for lack of evidence.
v) Administrative review of all materials submitted by parties-in-interest to ensure they do
not contain new evidence.
B) Timeline of projects and notifications:
i) Attachment A – Timeline of Historic Preservation projects
ii) Attachment B – Timeline of Development Review projects
iii) Attachment C – Print-out of Webpages re: Resident’s Role in Development Review
C) Appeals Flowchart – Current and Proposed:
i) Attachment D - Current Path of Decisions Appealable to City Council
ii) Proposed/TBD – To be provided at follow up Work Session, to illustrate proposed
code amendments.
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Property Owner Submits
Historic Survey Application
Survey
Research and
Preliminary
Evaluation
(staff or
consultant)
Attend
Notice
Option to Appeal
to HPC
-within 14 days -
Attachment A - Timeline of Historic Preservation projects
Comment
Staff Issues
Determination of
Eligibility
-valid 5 years-
Notice
Notice
HPC Hearing:
Issues de novo
Determination of
Eligibility
-valid 5 years-
Comment
Determination of
Landmark Eligibility
Landmark Design
Review Process
Property Owner Submits Application
(online, email, or in person)
Design Assistance Mini -Grant
(if needed)
Attend
Notice
Staff determines level of review
Staff Design
Review
HPC Design
Review
Conceptual
Design Review
Hearing
Decision: Issue or Deny
Certification of
Appropriateness (COA)
-valid for 1 year-
Over the
Counter/
Instant
Approval
Weekly Staff
Design Review
Meeting Comment
Comment
Attend Final HPC Hearing
and Decision on COA
Notice Option to
Appeal to HPC
Option to Appeal
HPC Decision to
Council
Council Hearing and
Decision on COA
-valid 1 year-
Notice
Attend
Comment
Notice
Option to Appeal
Staff Decision to
HPC
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Development Review
Pre-Submittal
Review
Conceptual Review
Preliminary Design Review
Basic
Development
Review (BDR)
Type 1 - Hearing
Officer
Type 2 - Planning
& Zoning
Commission
Annexation,
Rezone or APU
Review
Decision
Review
Decision
Administrative
Hearing
Neighborhood
Meeting
Review
P&Z Hearing
Decision
Neighborhood
Meeting
Review
P&Z Hearing -
Recommendation
Council Hearing
Decision
Inform
Consult
Attend
Website/
staff
contact
Notice
Comment
Attend
Notice
Notice
Attend
Comment
Notice
Attend
Comment
Notice
Attend
Comment
Notice
Attend
Comment
Notice
Attend
Comment
Notice
Notice
Website/
staff
contact
Website/
staff
contact
Website/
staff
contact
Notice
Attachment B - Timeline of Development Review projects
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Residents' Role in Development Review
Welcome to the Residents' Role in Development Review
page!
The City of Fort Collins is committed to supporting you in understanding new
development projects happening our community.
Learn how to stay informed about new development projects and how your
feedback will be used.
Alerts
ATTACHMENT C
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Stay informed and give feedback
Looking for more ways to get involved? Find opportunities related to Planning
and Development here.
Why Development Review?
As cities and towns grow and change, local governments make sure these
changes meet the needs of the community. These needs can include:
safety and welfare of residents
high-quality, consistent design
protection of environmental resources
public roads, sewers, streetlights and other infrastructure
Why Development Review? Learn more.
Learn about the process and how to plug in:
The Development Review Process
* Timeline is for an "average" project. Depending on the project, it could take 2-4
months or up to 5-10 years.
The Building Review Process
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*Timeline is for an "average" project. Depending on the project, this could take 1
month or up to several years.
The Development Review Process and the Building Review
Process
Someone has an idea about building something new on land they own or
would like to buy.
They can talk to City departments all at once during a Conceptual Design
Review meeting.
During this meeting they will learn if their idea might work.
The person with the idea might need to have a meeting with neighbors too.
*About half of the project ideas in this phase will not move forward.
Phase 0: Gray - Idea Phase
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Learn more about the Gray Phase: Idea Phase
Our Promises to Residents:
We will keep you informed when we have Conceptual Design Review
meetings.
Email newsletter, This Week in Development Review.
Application summaries posted on our webpage.
We will keep you informed and listen to your concerns if there is a
Neighborhood Meeting.
Invitation letters mailed to property owners within 800 feet (or about
1-2 city blocks).
Meeting time, date and location posted on our webpage.
You may attend a neighborhood meeting and have a conversation
with the applicant.
Recording of the meeting will be posted on our webpage.
Someone decides they will build something new on land they own or would like
to buy. They send their plans to the City and pay their fees. The person or team
who are hoping to build something new are called Applicants.
City staff check the plans to see if they meet all the City's rules.
City staff returns the plans with a list of changes that need to be made in order
to follow the City's rules.
The Applicant fixes the plans.
Phase 1(a): Red - Checking Phase: Land Use Code
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This happens again and again until the plan meets all the rules.
Learn more about the Red Phase: Review and Approval
Our Promises to Residents:
We will keep you informed when someone applies to do a project.
Email newsletter, This Week in Development Review.
Plan summaries posted on our webpage.
When a project meets all the city’s rules, it can be approved.
Projects making smaller changes may be approved by the Director of the
Community Development and Neighborhood Services Department.
Projects making larger changes may be approved by an Administrative Hearing
Officer.
Projects making the largest changes allowed under the Land Use Code may be
approved by the Planning and Zoning Commission.
Learn more about the Red Phase: Review and Approval
Our Promises to Residents:
Phase 1(b): Red - Approving a New Land Use
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We will keep you informed when a project has been approved by the
Director of the Community Development and Neighborhood Services
Department.
Letters will be mailed to neighboring property owners when a
decision has been made.
Decisions posted on our webpage.
We will keep you informed and listen to your concerns when a project
is being considered by an Administrative Hearing Officer or by the
Planning and Zoning Commission. We will keep you informed if a project
is approved by either of these.
Letters will be mailed to neighboring property owners prior to a
hearing.
You may attend a hearing and speak to the decisionmaker. You may
also email, mail, or drop off your written comments prior to the
hearing.
You may watch a recording of the hearing.
Letters will be mailed to neighboring property owners when a
decision has been made.
Hearing information and decisions will be posted on our webpage
and in the This Week in Development Review newsletter.
If a new land use has been approved, the project plans will need to meet more
rules for very technical details. These are things like the type of concrete used
to build sidewalks, or the height of curbs and gutters around driveways.
City staff will check the plans and return edits to the applicant. This will happen
again and again until the plan meets all the rules.
Phase 2: Orange - Checking Phase: Engineering Codes
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Learn more about the Orange Phase: Final Development Plans
There is no public participation in this phase. It is strictly an interaction
finalizing technical drawings and plans between the City and a private
property owner.
When the final plans have been approved, they will be filed and recorded with
Larimer County and/or with the City.
There is no public participation in this phase. When the final plans have been
filed and recorded, they will be public records which are available for anyone to
find.
Find Public Records
Phase 3: Yellow - Filing & Recording Phase
Phase 4: Green - Install Public Works
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Now things like roads or sidewalks may be built. Street trees may be planted.
Erosion and sediment controls may be put in.
There is no public participation in this phase.
Building plans will be checked for safety to make sure they meet all the City’s
rules.
You may check on the status of any building permit.
Phase 5: Blue - Checking Phase: Building Code
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Check on the Status of a Building Permit
While the project is being built, the City will inspect it to make sure it is being
built according to the plans and codes.
After the project is built and has passed all of its final inspections, the project
will get a Certificate of Occupancy. This means the project is ready for people to
start using it.
There is no public participation in this phase.
Residents' Toolbox
The Proposals Page contains a complete list of all development proposals that
are currently being reviewed by City staff, as well as information on upcoming
events where the public can engage:
Conceptual/Preliminary Design Reviews
Neighborhood Meetings
Development Proposals currently under review
Phase 6: Purple - Inspection Phase
Find Out What Development Proposals are Being Reviewed
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Hearings and Decisions
Minor Amendments
To search for development proposals currently being reviewed and to learn
more about them, scroll to the "Development Proposals Under Review"
section and search by address, name, project number, sign number or
keyword. Each proposal entry includes a brief description, a link to the public
records archive to view documents related to the submittal, and staff and
applicant contact information.
*The Proposals page only includes proposals from the current year.
For information on proposals from previous years, visit:
https://www.fcgov.com/developmentreview/proposals/archive#amendments-
heading
Visit the Proposals Page
All documents submitted by applicants for a development proposal and
responses from City staff are public documents. They can be found in the
City's Public Records Archive. These documents often include:
Site plans
Transportation Impact Studies
Utilities Plans
A narrative about the project from the applicants
And much more...
Hint- when searching in the Archive, using the project's name or address may
not work. The best way to search is by clicking "Project Number Search" and
using the alpha-numerical project number. You can find these numbers in
mailings sent by the City or on the Proposals page.
Visit the Public Records Portal
If you find that this website doesn't fully answer your questions or give you
the tools you need, City staff is always available to help.
The first person to reach out to is the Neighborhood Development Liaison.
This person is the public face of Development Review, and exists to support
members of the public throughout the process by hosting neighborhood
Find Documents Related to Development Proposals
Get Help From City Staff
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meetings, sharing important information, providing customer service and
collecting public input.
Email the Neighborhood Development Liaison
This Week in Development Review Newsletter
Click the Newsletters button at the top of this page to subscribe to our This Week in Development
Review email newsletter
Don't miss out on upcoming events! Subscribe to our newsletter to receive
weekly information on development that may impact you.
Every week, there are new proposals going through the Development Review
process at the City of Fort Collins, and every week the City hosts events for
residents to get involved in them. The TWIDR email newsletter was created to
help any member of the public learn more about Development Review and stay in
the loop about what's going on in their City.
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ATTACHMENT D
Current Path of Decisions Appealable to City Council
Code Section Decision Type Initial Appeal Secondary Appeal
Municipal Code 2-47 Certain appeals to be taken to City Council
DEVELOPMENT RELATED:
Land Use Code 6.3.12
6.14.2
Director decision (Minor Amendment,
Change of Use, Basic Dev Review, FONSI)
Planning & Zoning Commission City Council
6.3.12 Hearing OAicer City Council
6.3.12 Planning & Zoning Commission City Council
6.18.1 Director decision (applicable to 11 decision
types)
Land Use Review Commission City Council
6.14.3
6.18.1
Land Use Review Commission (Variances,
Director decisions)
City Council
6.19.5 - .8 Hearing OAicer decision – Vested Rights City Council
Municipal Code 5-27.13
18-3
Building OAicial decision Building Review Commission City Council
5-3 Building Review Commission decision City Council
Municipal Code 14-23(b) Historic Preservation StaA determination of
eligibility
Historic Preservation Commission City Council
2-174(b)
14-32
14-55
Historic Preservation Commission decision City Council
OTHER:
City Charter Sec.14 Licenses & Permits, and fees “may be
appealed”
City Council
Municipal Code 10-28
26-520
Utilities Exec Director decision Water Commission City Council
10-28 Water Commission City Council
15-265, -
298, -318,
-394
City Manager decision (Pawnbroker, Place of
Entertainment, Secondhand dealer, outdoor
vendor)
City Council
26-351 Utilities Executive Director decision City Council
26-692 City Engineer decision (Utility install license) City Council
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Parks and Recreation
215 N Mason St.
PO Box 580, Fort Collins, CO 80522
Page 1 of 3
WORK SESSION MEMORANDUM
Date: September 3rd, 2024
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
From: Dean Klingner, Community Services Director
Subject: August 27th, 2024 Work Session Summary, Parks and Recreation 2050 Tax Strategy
BOTTOM LINE
The purpose of this memo is to document the summary of discussions during the August 27th,
2024 Work Session, Parks and Recreation 2050 tax strategy. Six Councilmembers present and
the Mayor participated remotely.
DISCUSSION SUMMARY
The Councilmember discussion is summarized as follows:
Councilmembers expressed general support for the 80/20% percentage proposed for the
split of life-of-tax funds between asset management and capital for new and replacement
recreation facilities and pool, respectively.
Councilmembers asked for more information about what was included in the 80% asset
management category and for more information about why this amount was proposed
and what the impact on asset condition would be. See attached information below.
Councilmembers expressed the perspective that they hoped this tax could be used to
maintain assets beyond the life of the tax. Staff acknowledged that desire and
responded that ongoing asset management funding will likely always be necessary. The
City will continue its practice of considering and working to reduce long-term operating
and maintenance needs during construction.
NEXT STEPS
Council will continue to see updates on the Southeast Community Center as design
development proceeds with current target of bringing a scope/schedule/budget approval to
Council in the 1st or 2nd quarter of 2025.
Council will also see the 2025 Parks and Recreation tax strategy play out in the budget process
and the development of the Community Capital Improvement Program (CCIP) ¼-cent renewal
project list.
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Page 2 of 3
FOLLOW-UP ITEMS
Staff revisited assumptions based on existing analysis to determine that a split of 80% of the
dedicated Parks and Recreation proceeds from the 2050 tax should be sufficient to resource the
Parks and Recreation asset management needs.
During the sustainable funding conversations, the following anticipated budget gaps were
identified:
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Page 3 of 3
For both Parks and Recreation, these gaps were projected as the funding needs over the next
20 years. An approximate gap of $110M for Parks and $55M for Recreation combine for a total
anticipated gap of $165M. Over the 20 years in the projections, that represents an average
annual need of $8.25M per year. With collection of $10-11M per year anticipated, it is expected
the 80% allocation should be sufficient to resource the ongoing asset replacement needs.
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