HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/14/2020 - ADJOURNED MEETINGCity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Adjourned Meeting
April 14, 2020
6:00 p.m.
Public Participation for April 14 City Council Meeting
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City of Fort Collins Page 2
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CALL MEETING TO ORDER
ROLL CALL
1. Items Relating to Remote Participation in Certain Meetings. (staff: Rebecca Everette, Tom Leeson,
Carrie Daggett; 30 minute discussion)
A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054,
2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings.
or
B. First Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance No.
054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings.
The purpose of either the Emergency Ordinance or Ordinance No. 061, is to authorize certain types
of remote meetings in light of the declared local emergency. As published, both Ordinances allow
remotely conducted City Council meetings and certain quasi-judicial hearings by Council, City boards
and commissions and administrative hearing officers. The types of quasi-judicial items that can be
considered remotely are limited and exclude zoning decisions, appeals and additions of permitted use.
The Ordinances also authorize remote neighborhood meetings in the Development Review Process.
Finally, the Ordinance also permits remote participation by boards and commissions in order to
complete essential City business.
To authorize these remote meetings and hearings, Council may choose to adopt the Emergency
Ordinance, which goes into effect upon adoption, or alternatively may choose to adopt Ordinance No.
061 on First Reading, which would then be presented for consideration on Second Reading at the next
Council meeting and if adopted, would be effective in May.
Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority
for any quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or
any neighborhood meetings.
City of Fort Collins Page 3
Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority
for any quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or
any neighborhood meetings.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY April 14, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Carrie Daggett, City Attorney
SUBJECT
Items Relating to Remote Participation in Certain Meetings.
EXECUTIVE SUMMARY
A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020,
Enacting Temporary Procedures for Remote Participation in Certain Meetings.
Or
B. First Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance No. 054,
2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings.
The purpose of either the Emergency Ordinance or Ordinance No. 061, is to authorize certain types of remote
meetings in light of the declared local emergency. As published, both Ordinances allow remotely conducted
City Council meetings and certain quasi-judicial hearings by Council, City boards and commissions and
administrative hearing officers. The types of quasi-judicial items that can be considered remotely are limited
and exclude zoning decisions, appeals and additions of permitted use. The Ordinances also authorize remote
neighborhood meetings in the Development Review Process. Finally, the Ordinance also permits remote
participation by boards and commissions in order to complete essential City business.
To authorize these remote meetings and hearings, Council may choose to adopt the Emergency Ordinance,
which goes into effect upon adoption, or alternatively may choose to adopt Ordinance No. 061 on First
Reading, which would then be presented for consideration on Second Reading at the next Council meeting
and if adopted, would be effective in May.
Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority for any
quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or any neighborhood
meetings.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance.
BACKGROUND / DISCUSSION
A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020,
Enacting Temporary Procedures for Remote Participation in Certain Meetings.
B. Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting
Temporary Procedures for Remote Participation in Certain Meetings.
Agenda Item 1
Item # 1 Page 2
Council adopted Emergency Ordinance 054, 2020 on March 20, 2020, permitting Council to conduct business
remotely. However, Ordinance No. 054, 2020 did not authorize remote quasi-judicial hearings or
neighborhood meetings required under the Land Use Code. This Ordinance is meant to
authorize certain remote quasi-judicial hearings and neighborhood meetings, in addition to other City Council
meetings, and therefore amends and supersedes Ordinance No. 54, 2020. This authority is conditioned upon
stated criteria to protect due process and other legal rights.
In addition, this Ordinance modifies the originally adopted language about remote Council meetings. Instead
of saying the Clerk must only open up the electronic participation no more than fifteen minutes before the
meeting, it now says (for Council and Board meetings) that the electronic means of participation must be
opened up no more than forty-five minutes and no less than fifteen minutes before the start of the meeting.
Finally, the Ordinance also provides for the use of remote participation by boards and commissions in order to
complete essential City business, using a procedure similar to that laid out for City Council meetings. This is
intended to allow boards with time-sensitive and critical work, such as the CDBG Commission or other board
involved in the process of funding community programs and services, to complete that work.
BASIS FOR EMERGENCY ORDINANCE
This matter is being brought forward for consideration in a remote City Council meeting because it is critical to
address how the many pending and anticipated quasi-judicial decisions or other decisions will
be managed during the current local emergency.
Questions have been raised about whether an emergency ordinance is the appropriate mechanism for
enacting this change. Article XIII of the Charter defines "Emergency ordinance" as an ordinance “immediately
necessary, on account of an emergency, to preserve the public property, health, peace, or safety” and an
“emergency” is defined as “an existing condition actually arising from unforeseen contingencies which
immediately endangers public property, health, peace, or safety”. In case Councilmembers do not agree this
standard is met, a standard ordinance, Ordinance No. 061, is also provided for Council consideration on First
Reading. Ordinance No. 061 would require adoption on Second Reading and would not go into effect
until 10 days after adoption (May 1 if adopted on Second Reading on April 21).
QUASI-JUDICIAL PROCEEDINGS AND NEIGHBORHOOD MEETINGS AS ESSENTIAL CITY BUSINESS
City Council and various appointed boards and commissions conduct essential government functions on a
weekly and monthly basis. For several boards and commissions, their primary responsibility is to make
decisions or recommendations on quasi-judicial items that support health, safety and welfare, including the
economic wellbeing of the Fort Collins community. This work directly supports Council-adopted priorities and
strategic outcomes related to Neighborhood Livability and Social Health, Economic Health, and other outcome
areas.
The Planning and Zoning Board, Landmark Preservation Commission, Zoning Board of Appeals, and Building
Review Board meet monthly to approve, deny and make recommendations on land use and development
projects, historic landmark designation and design review, variances, contractor licensing, and other topics of
critical importance to the community. In addition, Administrative Hearings are required for many development
projects; the decision maker for these hearings is a third-party land use attorney serving as a hearing officer.
The Land Use Code also requires neighborhood meetings as an initial step before a development application
can be filed for many projects.
Construction activity has been deemed an essential service under the current State of Colorado and Larimer
County stay-at-home orders. Allowing certain quasi-judicial hearings and neighborhood meetings to continue
remotely during the current state of emergency will mitigate long-term economic impacts to the
community, maintain predictability for development projects, and ensure that funding and construction
timelines can be met for critical land uses, including the development of affordable housing, child care, and
small business projects.
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Agenda Item 1
Item # 1 Page 3
As proposed with this ordinance, remote quasi-judicial hearings would be limited to projects that comply with
the list of permitted uses under the existing zoning designation for a property. Items that propose a new zoning
designation (initial zoning or rezoning) or items that seek to amend the list of permitted uses for a property
(additions of permitted use) would require an in-person hearing and could not be heard remotely.
PROPOSED EMERGENCY ORDINANCE: ALLOW CERTAIN REMOTE QUASI-JUDICIAL PROCEEDINGS,
NEIGHBORHOOD MEETINGS, AND ESSENTIAL BOARD AND COMMISSION MEETINGS
The Ordinance prepared for Council consideration would allow only certain quasi-judicial hearings,
neighborhood meetings, and essential board and commission activities to proceed remotely.
Quasi-Judicial Hearings
The quasi-judicial proceedings that could occur remotely include land use and development decisions,
consideration of variance requests, and landmark designations - excluding specific proceedings described
below.
Quasi-judicial decisions that have broader or more significant implications for neighborhoods and/or individual
property owners would be excluded. This limitation would maintain predictability for community members with
regard to the type and intensity of development that might occur on a property. The following
proceedings could not be conducted remotely:
• Appeals of decisions of all types (includes appeals to both the City Council and Planning and Zoning
Board)
• Initial zoning and rezoning decisions
• Additions of Permitted Use (APUs)
Quasi-judicial decisions for development projects that generally conform to existing zoning could be
considered remotely. This includes projects that comply with the permitted use list within the existing zone
district for a subject property. This would maintain a predictable process and schedule for projects that
generally match the community expectations set by City Plan and the Land Use Code.
This emergency ordinance would allow for consideration of both modifications of standards (LUC Division
2.8) and variances (LUC Division 2.10) at remote hearings. Modifications of standards and variances are often
critical to the feasibility of infill and redevelopment projects, which have been prioritized in both City Plan and
the Strategic Plan. Because the Land Use Code requires specific criteria to be met and findings to be made for
both modification of standards and variance requests, staff finds that there is sufficient predictability in the
process to allow for remote hearings of these items. The request must be found to not be detrimental to the
public good and meet specific review criteria that justify the granting of the modification or variance.
Staff would ensure that all standard procedures could be replicated within a remote platform. Staff would:
1. Ensure the meetings can be tightly moderated to ensure all rules and procedures are followed, and to
ensure due process for all parties involved
2. Provide multiple options for public participation, including both phone and web participation, to ensure full
and equal access to the hearings
3. Provide all materials online in advance of the hearing, including all staff and applicant presentation
materials
4. Ensure adequate technical assistance is available to all participants, and that there are backup plans in
place in case of technological failure
5. Ensure fair notice and adequate training is provided to all board members, staff, applicants, and interested
members of the public
A test hearing would be required for any boards that intend to conduct quasi-judicial hearings remotely, to
ensure that all board members can effectively participate in the meetings. A public training and test session
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Agenda Item 1
Item # 1 Page 4
would also be required to allow interested members of the public to test the technology and ask questions of
staff in advance of any quasi-judicial hearings.
Neighborhood Meetings
Neighborhood meetings are required for various development project types, and particularly for any project
that will be presented to the Planning and Zoning Board for consideration. Neighborhood meetings are
required during the conceptual planning stage for development projects so that neighborhoods may give input
on the proposal before the applicant expends time and effort to submit a formal development application to the
City.
The purpose of these neighborhood meetings, as described in the Land Use Code, is to:
• Facilitate active community participation and dialogue early in the development review process
• Present development applications to residents of area neighborhoods and for the residents to identify, list
and discuss issues related to the development proposal
• Encourage residents to work jointly with staff and the applicant to seek solutions to issues that have been
identified
Given the breadth of technology available to encourage virtual public engagement, neighborhood meetings
can be effective using remote techniques. The existing tools available to City staff, including
the OurCity platform, WebEx, Microsoft Teams, and town hall technology, which can be used in concert to
provide a fully accessible meeting experience for residents. A neighborhood meeting is intended to be the
starting point in a longer conversation, and staff continues to engage with community members via phone,
email, small group meetings, and OurCity pages long after the initial neighborhood meeting has
occurred. OurCity pages long after the initial neighborhood meeting has occurred.
Utilizing remote tools and technology for neighborhood meetings presents an additional opportunity for the City
to reimagine how we engage with community members around development projects, potentially resulting in
better access to and representation in the process over the long term. Prior to the current state of emergency,
staff had already been exploring opportunities to increase participation in the development review process
using online tools, so there is the potential for long-term implementation of any changes that are well-received
by the community.
Board and Commission Meetings
In addition to quasi-judicial hearings and neighborhood meetings, there are boards and commissions with
other essential functions that may need to continue during the current state of emergency.
For legislative items and other urgent board and commission items, a determination that the item is considered
essential business, as well as the basis of such determination, should be included in the materials for each
item to be considered.
ORDINANCE VERSIONS
Two Ordinances are presented Council’s consideration; Council should adopt only one of these two:
Item A, Emergency Ordinance No. 060, 2020, is an emergency ordinance that authorizes:
• City Council meetings using remote technologies for pressing matters requiring prompt action;
• City Council, City boards and commissions, and administrative hearing officers to hold quasi-judicial
hearings using remote technology, excluding the following types of quasi-judicial matters:
o appeals of decisions of all types (includes appeals to both the City Council and Planning
and Zoning Board),
o initial zoning and rezoning, and
o additions of permitted use applications (APUs) as described above.
• Remote neighborhood meetings
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Agenda Item 1
Item # 1 Page 5
• Essential meetings of City boards and commissions.
Item B, Ordinance No. 061, 2020, is substantively the same as the Emergency Ordinance, but is First
Reading of a non-emergency ordinance. If adopted, this Ordinance would be considered on Second Reading
on April 21 and if adopted on Second Reading, would go into effect on May 1.
Council may wish to modify the Ordinance through a motion that would revise either Ordinance No. 060 or
Ordinance No. 061, and two alternate versions Councilmembers have expressed some interest in are attached
to this Agenda Item Summary:
Alternate 1 – Allow Only Essential Board and Commission Meetings and Neighborhood Meetings to Occur
Remotely (Attachment 2)
An ordinance version showing the changes required to remove the ability to conduct quasi-judicial hearings
remotely, while allowing essential board and commission meetings and neighborhood meetings to occur
remotely, is provided as Attachment 2 to this Agenda Item Summary.
Alternate 2 – Allow Only Essential Board and Commission Meetings to Occur Remotely (Attachment 3)
An ordinance version showing the changes required to remove the ability to conduct quasi-judicial hearings
and also removing the ability to conduct neighborhood meetings remotely while still allowing essential board
and commission meetings to occur remotely, is provided as Attachment 3 to this Agenda Item Summary.
The chart below demonstrates the types of remote meetings covered by the versions presented:
Type of Ordinance Quasi-
Judicial
with
exclusions
Non
Quasi-
Judicial
Essential
Boards/
Comm
Business
Neighbor-
hood
Meetings
Emergency:
effective
immediately
Non-
Emergency:
Effective May 1
or after
A. Emergency
Ordinance No.
060
x x x x x
B. Ordinance
No. 060
x x x x x
C. Remote
Meeting Minus
Quasi-Judicial
x x x If revisions
applied to
Emergency
No. 060
If revisions
applied to No.
061
D. Remote
Meeting Minus
Quasi-Judicial &
Agenda Item 1
Item # 1 Page 6
Planning and Zoning
Board Hearings
• 1 City of Fort Collins neighborhood park
• 1 child care center
• 162 multi-family dwelling units (2 projects)
• 2 duplexes (4 dwelling units)
• 2 industrial buildings
• 1 enclosed mini-storage building
• 1 new parking lot with drive-thru ATM for a bank (Addition of
Permitted Use)
• 1 convenience store with fuel sales
• 1 community solar project
• 2 appeals of Minor Amendment decisions
• 2 recommendations to City Council related to rezoning decisions
Development Review
Administrative
Hearings (Hearing Officer)
• 1 hotel (150 rooms)
• 1 wireless telecommunication facility (cell tower)
• 1 accessory dwelling unit (carriage house)
Zoning Board of Appeals • 2 sign variances
• 1 setback encroachment variance
Landmark Preservation
Commission
• 1 design review/recommendation for a development project
• 5 recommendations to City Council on landmark designations
(voluntary)
Building Review Board • 1 decision related to a suspended contractor license
In addition to public hearings, neighborhood meetings are required prior to the formal submittal of an
application for many development projects. Pending neighborhood meetings that are currently at risk of delay
include:
Meeting Type Pending Projects/Decisions
Neighborhood Meetings
(Development Review)
• 2 affordable housing projects
• Senior housing facility (36 memory care units, 63
assisted/independent living units)
• New restaurant
• New manufactured housing community
• Conversion of existing industrial building to a place of worship
• New mixed residential community
CITY FINANCIAL IMPACTS
Allowing certain meetings to be conducted remotely would ensure predictability for development projects and
other essential City business. This would reduce the potential for adverse financial impacts to the City in the
form of lost revenue, delayed or lost economic activity in the community, and lost community funding in the
form of Community Development Block Grant (CDBG) funding.
Holding meetings remotely would have a negligible impact to City finances, as some costs (e.g., meals) would
be replaced by others (e.g., subscriptions to remote meeting platforms).
ATTACHMENTS
1. Comparision of April 14 version of Emergency Ordinance No. 60, 2020 to April 7 version (PDF)
2. Revisions to show removal of all remote quasi-judicial hearings (PDF)
3. Revisions to remove all remote quasi-judicial hearings and remote neighborhood meetings (PDF)
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COMPARISON OF APRIL 14 VERSION TO APRIL 7 VERSION
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EMERGENCY ORDINANCE NO. 060, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054, 2020
ENACTING TEMPORARY PROCEDURES TO AUTHORIZE
FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS TO INCLUDE QUASI-JUDICIAL
HEARINGS AND RELATED NEIGHBORHOOD MEETINGS AND BOARD MEETINGS
AS NEEDED TO COMPLETE ESSENTIAL CITY BUSINESS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, due to the increasing incidence of COVID-19 in the general population, the
World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and
WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster
Emergency for the State of Colorado and on March 13, 2020, the President of the United States
declared a National Emergency; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business therein,
and in order to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency
Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended the
City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance 054), on March 20, 2020,
permitting Council to conduct business remotely; and
WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial
hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance
is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and
essential board meetings, in addition to other City Council meetings, and therefore supersedes and
replaces in all respects Emergency Ordinance No. 54; and
WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive
Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public
Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public
ATTACHMENT 1
1.1
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Attachment: Comparision of April 14 version of Emergency Ordinance No. 60, 2020 to April 7 version (9008 : Temporary Procedures for Quasi-
COMPARISON OF APRIL 14 VERSION TO APRIL 7 VERSION
-2-
Health Order), both of which ordered citizens of the State to stay at home, leave home only for
identified necessary activities, and comply with physical distancing requirements, sometimes
referred to as “social distancing”; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
physical distancing in order to reduce its transmission, based on the scientific evidence described
in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and
WHEREAS, due to the continued critical need to limit interaction by staying at home,
maintain physical distance from others, slow the transmission of COVID-19 and protect the health,
safety and welfare of the people of Fort Collins, the City is currently unable to hold traditional
meetings or quasi-judicial hearings in accordance with the provisions of its City Code and Land
Use Code; and
WHEREAS, in order to continue essential government activity that will protect the health,
safety and welfare of the people of Fort Collins, including but not limited to economic health, the
City Council now wishes to also make available certain remote quasi-judicial hearings by the City
Council, City Boards and Commissions and administrative hearing officers charged with the
exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land
Use Code (collectively “Quasi-Judicial Hearings”), and certain remote neighborhood meetings
required by the Land Use Code (“Neighborhood Meetings”), and essential Board Meetings,
provided that criteria set forth below can be met; and
WHEREAS, utilizing technology, whether telephonic, on-line platforms, other
technological methods or a combination thereof (“Remote Technology”) to conduct certain City
Council Meetings, Quasi-Judicial Hearings and, Neighborhood Meetings, and essential Board
Meetings is authorized by City Council in recognition that the use of such technology is consistent
with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq.
(2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and
WHEREAS, City Council Meetings, Quasi-Judicial Hearings and Neighborhood
Meetingsin accordance with the guidance of the Larimer County Sixth Public Health Order Re:
Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which may be
extended or replaced with a subsequent similar Order), and the Colorado Department of Public
Health and Environment Third Updated Public health Order 20-24 Implementing Stay At Home
Requirements dated April 1, 2020, regarding essential/critical businesses (which may be extended
or replaced with a subsequent similar Order), City Council recognizes that certain essential
business and infrastructure must continue to occur during this time to protect the physical and
economic health of the City of Fort Collins and its citizens; and
WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as
defined in Section 4 because they are found to be essential/critical to maintaining the citizens’
physical and economic health; and
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Attachment: Comparision of April 14 version of Emergency Ordinance No. 60, 2020 to April 7 version (9008 : Temporary Procedures for Quasi-
COMPARISON OF APRIL 14 VERSION TO APRIL 7 VERSION
-3-
WHEREAS, the types of Quasi-Judicial Hearings that are not authorized to occur remotely
are: (1) Appeals; (2) Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9; (3) Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4; and
WHEREAS, certain Quasi-Judicial Hearings are authorized to be conducted using Remote
Technology if the technology used ensures that the hearings meet the procedural safeguards
required to provide due process of law under the United States and Colorado constitutions, the
requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard,
present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are
fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings;
and (5) a sufficient record of the proceedings can be made (collectively, “Due Process
Requirements”); and
WHEREAS, in addition, certain City Boards and Commissions are responsible for
functions that, while not quasi-judicial in nature, are time-sensitive and important to the City
Council’s ability to complete action on critical programs such as the federally funded Community
Development Block Grant and HOME programs or other programs for funding or supporting
community services or programs, and in order to carry out those functions during the local
emergency and maintain required physical distancing and other measures to prevent the spread of
COVID-19, Boards and Commissions may also need to meet and carry out essential City business
using Remote Technology; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of the
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that:
Section 1. The City Council hereby finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable the
City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial Hearings
and Neighborhood Meetings (collectively referred to as “Hearings”),, as well as for Board and
Commission meetings needed to carry out essential City business, during the pendency of a public
health or other local emergency affecting the city declared in accordance with Section 2-671(a)(1)
of the City Code (“Declared Local Emergency”), in order to protect the physical and economic
health, safety and welfare of the people of Fort Collins that would result from the inability to
conduct such Hearingsmeetings and essential City business.
Section 2. The City Council finds that allowing certain City Council Meetings, Quasi-
Judicial Hearings and, Neighborhood Meetings, and Board and Commission meetings needed to
carry out essential City business, to be held using Remote Technology is consistent with the
Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and
Article II of the City Charter.
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Attachment: Comparision of April 14 version of Emergency Ordinance No. 60, 2020 to April 7 version (9008 : Temporary Procedures for Quasi-
COMPARISON OF APRIL 14 VERSION TO APRIL 7 VERSION
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Section 3. The Council hereby adopts the following special provisions for City
Council meetings using Remote Technology during a Declared Local Emergency, to supplement
the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows:
A. In the event the City Council is unable during the course of a Declared Local
Emergency to conduct its regular meeting at the day, hour, and place fixed by City Code §
2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person would
not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically or by other
means of communication so as to provide reasonably available participation by the public,
consistent with the requirements of this Emergency Ordinance.
B. Meetings of the City Council or Council committees may be conducted by
telephone, electronically or by other means, and remote participation shall constitute
presence and actual attendance for purposes of establishing a quorum, subject to the
following conditions:
1. The City Manager or the Mayor determines that meeting in person would
not be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
2. All members of the Council participating in the meeting can see and hear
one another, or, if circumstances preclude an arrangement that would allow
visual communication, hear one another;
3. All members of the Council participating in the meeting can see, hear or
read all discussion, comment, and testimony in a manner designed to
provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all Council votes and other dialogue, in a manner
designed to provide maximum information sharing and participation;
5. At least one member of the Council must be present at the physical meeting
location, unless not feasible due to the public health emergency or other
unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how Councilmembers and the public may
participate and stating the right of the public to monitor the meeting, as well
as the recording and preparation of meeting minutes; and
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8. Only matters that are approvedhave been determined by the City Manager
and Mayor based on their determination that the matters areto be pressing
and to require prompt action by the Council may be considered when a
meeting is conducted pursuant to these procedures. An explanation for the
basis of such determination shall be included in the materials for each item
to be considered.
C. The City Clerk or their designee shall initiate the meeting by telephone,
electronically or through other means not more than forty-five (45) minutes and not less
than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection
during a meeting, the City Clerk or their designee shall make at least one attempt to re-
initiate the connection.
Section 4. The Council hereby adopts the following special provisions permitting
Quasi-Judicial Hearings during a declared local emergency, excluding those listed in Subsection
4.B. below, during a Declared Local Emergency using Remote Technology, to supplement the
provisions of Division 2, Article II and Article III of Chapter 2 of the City Code, other applicable
provisions of the City Code, applicable provisions adopted by Council (such as the Boards and
Commissions Manual) and the City’s Land Use Code, as follows:
A. In the event a scheduled in-person Quasi-Judicial Hearing is unable tonot excluded
under Subsection 4.B cannot be conducted at the day, hour and place fixed by City Code
§ 2-28, § 2-29 and § 2-72 or pursuant to other City Code or Council-adopted provisions
applicable to City Board or Commission or the City’s Land Use Code, because meeting in
person would not be prudent or permitted due to a Declared Local Emergency, the Quasi-
Judicial HearingsHearing may be conducted by the use of Remote Technology so long as
the requirements of subsection BSubsection 4.C below are met. Remote participation in
any Quasi-Judicial Hearing by any member of the City Council or of any Board or
Commission shall constitute presence and actual attendance for purposes of establishing a
quorum.
B. AThe following Quasi-Judicial HearingHearings are not allowed to be heard
remotely:
1. Appeals of any decision as such appeals may be authorized under the City
of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not “appeals” under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4.
C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted
using Remote Technology if the following criteria are met:
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1. A determination of necessity is made as follows:
i. For a City Council proceeding, the City Manager, after consultation
with the Mayor and the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing by City Council would not be
prudent because of conditions related to a Declared Local
Emergency.
ii. For a proceeding of any other decision-making body, the City
Manager or their designee, after consultation with the chairperson
of such body and the City Attorney, determines that holding an in-
person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iii. For a Type I hearing or other quasi-judicial proceeding before an
individual decisionmaker under the City’s Land Use Code, the
Director of Community Development and Neighborhood Services,
in consultation with the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iv. For a quasi-judicial proceeding before an individual decisionmaker
under any provision of the City Code, the City Manager or their
designee, in consultation with the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing would not be prudent
because of conditions related to a Declared Local Emergency.
2. Legally sufficient notice of the Quasi-Judicial Hearing has been given.
3. The Remote Technology used for the Quasi-Judicial Hearing is sufficient
to satisfy the requirements of Due Process as described above and as
follows:
i. All members of the decision-making body can see and hear one
another or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
ii. All members of the decision-making body or the individual
decisionmaker, as applicable, can see, hear or read all discussion,
comment and testimony in a manner designed to provide the body
or decisionmaker with reasonably complete and accurate perception
of such evidentiary material;
iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and
reasonable access to all discussion, comment and testimony,
evidentiary material and dialogue;
iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and
reasonable opportunity to present information to the decision-
making body or individual decisionmaker, as applicable; and
v. All votes of the decision-making body must be conducted by a roll
call of the members.
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4. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to record and maintain the decision made at the
Hearing and the evidence and findings supporting that decision; and
5. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to make or support the making of a complete record
of the proceedings, including all evidence presented and considered, all
testimony and all discussion by the decisionmakers for purposes of any right
of appeal available under the City Code, the City’s Land Use Code or
federal or state law.
CD. Any person or applicant seeking a quasi-judicial decision from City Council, a City
Board or Commission or an administrative hearing officer under the City Code or the City’s
Land Use Code, shall be notified in writing or by email of the intention to conduct a quasi-
judicialQuasi-Judicial hearing using Remote Technology. Except in the case of an appeal,
suchSuch person or applicant shall be entitled to request that the Quasi-Judicial Hearing be
delayed until such time as the Hearing can be conducted in person. Any person or applicant
proceeding with and participating in a Quasi-Judicial Hearing using Remote Technology
shall be deemed to have consented to such method of providing the Quasi-Judicial Hearing.
DE. The Director of Community Development and Neighborhood Services, in
consultation with the City Attorney, may promulgate reasonable policies and procedures
to implement these requirements during a Declared Local Emergency for Quasi-Judicial
Hearings conducted under the authority of the City’s Land Use Code by Boards or
Commissions or administrative hearing officers acting under the authority of the City’s
Land Use Code.
Section 5. The City Council hereby authorizes Neighborhood Meetings required under
the City’s Land Use Code to be conducted using Remote Technology during a Declared Local
Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following
requirements of Section 2.2.2 of the City’s Land Use Code:
1. Provides a forum for citizens of area neighborhoods, applicants and the
Director to identify, review, discuss, and work through any solutions to
identified concerns for development applications during the conceptual
planning stage.
2. Complies with requirements of Notice articulated in Land Use Code Section
2.2.2(C).
3. Provides a forum for attendance by citizens of the affected area
neighborhoods, the applicant/applicant representative and the
Director/Director’s representative.
4. Complies with the Summary of the meeting directives in Land Use Code
Section 2.2.2(E).
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Section 6. The Council hereby adopts the following special provisions for City Board
and Commission meetings during a Declared Local Emergency that are not Quasi-Judicial
Hearings, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of the
City Code and other provisions adopted by the Council to govern City Boards and Commissions
(including the Boards and Commissions Manual), and to supersede any applicable provisions to
the contrary, as follows:
A. In the event a City Board or Commission is unable during the course of a Declared
Local Emergency to conduct its essential regular (non-quasi-judicial) business with
members physically present at a meeting because meeting in-person would not be prudent
due to a public health emergency or other unforeseen circumstances affecting the city, such
meeting may be conducted by telephone, electronically or by other means of
communication so as to provide reasonably available participation by the public, consistent
with the requirements of this Emergency Ordinance.
B. MeetingsEssential meetings of a City Board or Commission, other than Quasi-
Judicial Hearings, may be conducted by telephone, electronically or by other means, and
remote participation shall constitute presence and actual attendance for purposes of
establishing a quorum, subject to the following conditions:
1. The City Manager or their designee, in consultation with the chairperson of
the Board or Commission and Council Liaison to the Board or Commission,
determines that meeting in person would not be prudent because of a public
health emergency or other unforeseen circumstances affecting the
cityDeclared Local Emergency and that the business to be conducted by the
Board or Commission is essential;
2. All members of the Board or Commission participating in the meeting can
see and hear one another or, if circumstances preclude an arrangement that
would allow visual communication, hear one another;
3. All members of the Board or Commission participating in the meeting can
see, hear or read all discussion, comment and testimony in a manner
designed to provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all votes and other dialogue, in a manner designed to
provide maximum information sharing and participation;
5. At least one member of the Board or Commission must be present at the
physical meeting location, unless not feasible due to the public health
emergencyDeclared Local Emergency or other unforeseen circumstances;
6. All votes must be conducted by roll call;
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7. All other meeting-related requirements must be met, including advance
notice with an explanation of how members of the Board or Commission
and the public may participate and stating the right of the public to monitor
the meeting, as well as the recording and preparation of meeting minutes;
and
8. Only matters that are the subject of the determination described in
subsectionSubsection 1. above may be considered when a meeting is
conducted pursuant to these procedures.
C. The staff liaison for the Board or Commission or their designee shall initiate the
meeting by telephone, electronically, or through other means not more than forty-five (45)
minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting.
Upon disconnection during a meeting, the staff liaison or their designee shall make at least
one attempt to re-initiate the connection.
Section 7. This Emergency Ordinance shall supersede and replace in all respects
Emergency Ordinance No. 054, 2020.
Section 8. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance within 7 days after adoption in accordance with the Fort Collins City
Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City of
Fort Collins and finally passed as an emergency ordinance and ordered published this 7th14th day
of April, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EMERGENCY ORDINANCE NO. 060, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054, 2020
ENACTING TEMPORARY PROCEDURES
FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, due to the increasing incidence of COVID-19 in the general population, the
World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and
WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster
Emergency for the State of Colorado and on March 13, 2020, the President of the United States
declared a National Emergency; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business therein,
and in order to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency
Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended the
City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
adopted Emergency Ordinance No. 054, 2020, (Emergency Ordinance 054), on March 20, 2020,
permitting Council to conduct business remotely; and
WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial
hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance
is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and
essential board meetings, in addition to otherremote City Council meetings, and therefore
supersedes and replaces in all respects Emergency Ordinance No. 54; and
WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive
Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public
Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public
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Health Order), both of which ordered citizens of the State to stay at home, leave home only for
identified necessary activities, and comply with physical distancing requirements, sometimes
referred to as “social distancing”; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
physical distancing in order to reduce its transmission, based on the scientific evidence described
in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and
WHEREAS, due to the continued critical need to limit interaction by staying at home,
maintain physical distance from others, slow the transmission of COVID-19 and protect the health,
safety and welfare of the people of Fort Collins, the City is currently unable to hold traditional
meetings or quasi-judicial hearings in accordance with the provisions of its City Code and Land
Use Code; and
WHEREAS, in order to continue essential government activity that will protect the health,
safety and welfare of the people of Fort Collins, including but not limited to economic health, the
City Council wishes to also make available certain remote quasi-judicial hearings by the City
Council, City Boards and Commissions and administrative hearing officers charged with the
exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land
Use Code (collectively “Quasi-Judicial Hearings”), and certainmeetings by the City Council,
remote neighborhood meetings required by the Land Use Code (“Neighborhood Meetings”), and
essential Board Meetings, provided that criteria set forth below can be met; and
WHEREAS, utilizing technology, whether telephonic, on-line platforms, other
technological methods or a combination thereof (“Remote Technology”) to conduct certain City
Council Meetings, Quasi-Judicial Hearings, Neighborhood Meetings, and essential Board
Meetings is authorized by City Council in recognition that the use of such technology is consistent
with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq.
(2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and
WHEREAS, in accordance with the guidance of the Larimer County Sixth Public Health
Order Re: Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which
may be extended or replaced with a subsequent similar Order), and the Colorado Department of
Public Health and Environment Third Updated Public health Order 20-24 Implementing Stay At
Home Requirements dated April 1, 2020, regarding essential/critical businesses (which may be
extended or replaced with a subsequent similar Order), City Council recognizes that certain
essential business and infrastructure must continue to occur during this time to protect the physical
and economic health of the City of Fort Collins and its citizens; and
WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as
defined in Section 4 because they are found to be essential/critical to maintaining the citizens’
physical and economic health; and
WHEREAS, the types of Quasi-Judicial Hearings that are not authorized to occur remotely
are: (1) Appeals; (2) Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
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Division 2.9; (3) Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4; and
WHEREAS, certain Quasi-Judicial Hearings are authorized to be conducted using Remote
Technology if the technology used ensures that the hearings meet the procedural safeguards
required to provide due process of law under the United States and Colorado constitutions, the
requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard,
present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are
fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings;
and (5) a sufficient record of the proceedings can be made (collectively, “Due Process
Requirements”); and
WHEREAS, in addition, certain City Boards and Commissions are responsible for
functions that, while are not quasi-judicial in nature, and are time-sensitive and important to the
City Council’s ability to complete action on critical programs such as the federally funded
Community Development Block Grant and HOME programs or other programs for funding or
supporting community services or programs, and in order to carry out those functions during the
local emergency and maintain required physical distancing and other measures to prevent the
spread of COVID-19, Boards and Commissions may also need to meet and carry out essential City
business using Remote Technology; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of the
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that:
Section 1. The City Council hereby finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable the
City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial Hearings
and Neighborhood Meetings, as well as for Board and Commission meetings needed to carry out
essential City business, during the pendency of a public health or other local emergency affecting
the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared Local
Emergency”), in order to protect the physical and economic health, safety and welfare of the people
of Fort Collins that would result from the inability to conduct such meetings and essential City
business.
Section 2. The City Council finds that allowing certain City Council Meetings, Quasi-
Judicial Hearings, Neighborhood Meetings, and Board and Commission meetings needed to carry
out essential City business, to be held using Remote Technology is consistent with the Colorado
Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and Article II
of the City Charter.
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Section 3. The Council hereby adopts the following special provisions for City
Council meetings using Remote Technology during a Declared Local Emergency, to supplement
the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows:
A. In the event the City Council is unable during the course of a Declared Local
Emergency to conduct its regular meeting at the day, hour, and place fixed by City Code §
2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person would
not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically or by other
means of communication so as to provide reasonably available participation by the public,
consistent with the requirements of this Emergency Ordinance.
B. Meetings of the City Council or Council committees may be conducted by
telephone, electronically or by other means, and remote participation shall constitute
presence and actual attendance for purposes of establishing a quorum, so long as no quasi-
judicial mattes will be considered, subject to the following conditions:
1. The City Manager or the Mayor determines that meeting in person would
not be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
2. All members of the Council participating in the meeting can see and hear
one another, or, if circumstances preclude an arrangement that would allow
visual communication, hear one another;
3. All members of the Council participating in the meeting can see, hear or
read all discussion, comment, and testimony in a manner designed to
provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all Council votes and other dialogue, in a manner
designed to provide maximum information sharing and participation;
5. At least one member of the Council must be present at the physical meeting
location, unless not feasible due to the public health emergency or other
unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how Councilmembers and the public may
participate and stating the right of the public to monitor the meeting, as well
as the recording and preparation of meeting minutes; and
8. Only matters that have been determined by the City Manager and Mayor to
be pressing and to require prompt action by the Council may be considered
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when a meeting is conducted pursuant to these procedures. An explanation
for the basis of such determination shall be included in the materials for
each item to be considered.
C. The City Clerk or their designee shall initiate the meeting by telephone,
electronically or through other means not more than forty-five (45) minutes and not less
than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection
during a meeting, the City Clerk or their designee shall make at least one attempt to re-
initiate the connection.
Section 4. The Council hereby adopts the following special provisions permitting
Quasi-Judicial Hearings, excluding those listed in Subsection 4.B. below, during a Declared Local
Emergency using Remote Technology, to supplement the provisions of Division 2, Article II and
Article III of Chapter 2 of the City Code, other applicable provisions of the City Code, applicable
provisions adopted by Council (such as the Boards and Commissions Manual) and the City’s Land
Use Code, as follows:
A. In the event a scheduled in-person Quasi-Judicial Hearing not excluded under
Subsection 4.B cannot be conducted at the day, hour and place fixed by City Code § 2-28,
§ 2-29 and § 2-72 or pursuant to other City Code or Council-adopted provisions applicable
to City Board or Commission or the City’s Land Use Code, because meeting in person
would not be prudent or permitted due to a Declared Local Emergency, the Quasi-Judicial
Hearing may be conducted by the use of Remote Technology so long as the requirements
of Subsection 4.C below are met. Remote participation in any Quasi-Judicial Hearing by
any member of the City Council or of any Board or Commission shall constitute presence
and actual attendance for purposes of establishing a quorum.
B. The following Quasi-Judicial Hearings are not allowed to be heard remotely:
1. Appeals of any decision as such appeals may be authorized under the City
of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not “appeals” under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4.
C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted
using Remote Technology if the following criteria are met:
1. A determination of necessity is made as follows:
i. For a City Council proceeding, the City Manager, after consultation
with the Mayor and the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing by City Council would not be
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prudent because of conditions related to a Declared Local
Emergency.
ii. For a proceeding of any other decision-making body, the City
Manager or their designee, after consultation with the chairperson
of such body and the City Attorney, determines that holding an in-
person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iii. For a Type I hearing or other quasi-judicial proceeding before an
individual decisionmaker under the City’s Land Use Code, the
Director of Community Development and Neighborhood Services,
in consultation with the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iv. For a quasi-judicial proceeding before an individual decisionmaker
under any provision of the City Code, the City Manager or their
designee, in consultation with the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing would not be prudent
because of conditions related to a Declared Local Emergency.
2. Legally sufficient notice of the Quasi-Judicial Hearing has been given.
3. The Remote Technology used for the Quasi-Judicial Hearing is sufficient
to satisfy the requirements of Due Process as described above and as
follows:
i. All members of the decision-making body can see and hear one
another or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
ii. All members of the decision-making body or the individual
decisionmaker, as applicable, can see, hear or read all discussion,
comment and testimony in a manner designed to provide the body
or decisionmaker with reasonably complete and accurate perception
of such evidentiary material;
iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and
reasonable access to all discussion, comment and testimony,
evidentiary material and dialogue;
iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and
reasonable opportunity to present information to the decision-
making body or individual decisionmaker, as applicable; and
v. All votes of the decision-making body must be conducted by a roll
call of the members.
4. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to record and maintain the decision made at the
Hearing and the evidence and findings supporting that decision; and
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5. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to make or support the making of a complete record
of the proceedings, including all evidence presented and considered, all
testimony and all discussion by the decisionmakers for purposes of any right
of appeal available under the City Code, the City’s Land Use Code or
federal or state law.
D. Any person or applicant seeking a quasi-judicial decision from City Council, a City
Board or Commission or an administrative hearing officer under the City Code or the City’s
Land Use Code, shall be notified in writing or by email of the intention to conduct a Quasi-
Judicial hearing using Remote Technology. Such person or applicant shall be entitled to
request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be
conducted in person. Any person or applicant proceeding with and participating in a Quasi-
Judicial Hearing using Remote Technology shall be deemed to have consented to such
method of providing the Quasi-Judicial Hearing.
E. The Director of Community Development and Neighborhood Services, in
consultation with the City Attorney, may promulgate reasonable policies and procedures
to implement these requirements during a Declared Local Emergency for Quasi-Judicial
Hearings conducted under the authority of the City’s Land Use Code by Boards or
Commissions or administrative hearing officers.
Section 5. The City Council hereby authorizes Neighborhood Meetings required under
the City’s Land Use Code to be conducted using Remote Technology during a Declared Local
Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following
requirements of Section 2.2.2 of the City’s Land Use Code:
1. Provides a forum for citizens of area neighborhoods, applicants and the
Director to identify, review, discuss, and work through any solutions to
identified concerns for development applications during the conceptual
planning stage.
2. Complies with requirements of Notice articulated in Land Use Code Section
2.2.2(C).
3. Provides a forum for attendance by citizens of the affected area
neighborhoods, the applicant/applicant representative and the
Director/Director’s representative.
4. Complies with the Summary of the meeting directives in Land Use Code
Section 2.2.2(E).
Section 65. The Council hereby adopts the following special provisions for City Board
and Commission meetings during a Declared Local Emergency for matters that are not Quasi-
Judicial Hearingsquasi-judicial in nature, to supplement the provisions of Division 2, Article II
and Article III of Chapter 2 of the City Code and other provisions adopted by the Council to govern
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City Boards and Commissions (including the Boards and Commissions Manual), and to supersede
any applicable provisions to the contrary, as follows:
A. In the event a City Board or Commission is unable during the course of a Declared
Local Emergency to conduct its essential regular (non-quasi-judicial) business with
members physically present at a meeting because meeting in-person would not be prudent
due to a public health emergency or other unforeseen circumstances affecting the city, such
meeting may be conducted by telephone, electronically or by other means of
communication so as to provide reasonably available participation by the public, consistent
with the requirements of this Emergency Ordinance.
B. Essential meetings of a City Board or Commission, other than Quasi-Judicial
Hearingsquasi-judicial matters, may be conducted by telephone, electronically or by other
means, and remote participation shall constitute presence and actual attendance for
purposes of establishing a quorum, so long as no quasi-judicial matters will be considered,
subject to the following conditions:
1. The City Manager or their designee, in consultation with the chairperson of
the Board or Commission and Council Liaison to the Board or Commission,
determines that meeting in person would not be prudent because of a
Declared Local Emergency and that the business to be conducted by the
Board or Commission is essential;
2. All members of the Board or Commission participating in the meeting can
see and hear one another or, if circumstances preclude an arrangement that
would allow visual communication, hear one another;
3. All members of the Board or Commission participating in the meeting can
see, hear or read all discussion, comment and testimony in a manner
designed to provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all votes and other dialogue, in a manner designed to
provide maximum information sharing and participation;
5. At least one member of the Board or Commission must be present at the
physical meeting location, unless not feasible due to the Declared Local
Emergency or other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how members of the Board or Commission
and the public may participate and stating the right of the public to monitor
the meeting, as well as the recording and preparation of meeting minutes;
and
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8. Only matters that are the subject of the determination described in
Subsection 1. above may be considered when a meeting is conducted
pursuant to these procedures.
C. The staff liaison for the Board or Commission or their designee shall initiate the
meeting by telephone, electronically, or through other means not more than forty-five (45)
minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting.
Upon disconnection during a meeting, the staff liaison or their designee shall make at least
one attempt to re-initiate the connection.
Section 76. This Emergency Ordinance shall supersede and replace in all respects
Emergency Ordinance No. 054, 2020.
Section 87. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance within 7seven days after adoption in accordance with the Fort Collins City
Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City of
Fort Collins and finally passed as an emergency ordinance and ordered published this 14th day of
April, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EMERGENCY ORDINANCE NO. 060, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054, 2020
ENACTING TEMPORARY PROCEDURES
FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, due to the increasing incidence of COVID-19 in the general population, the
World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and
WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster
Emergency for the State of Colorado and on March 13, 2020, the President of the United States
declared a National Emergency; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business therein,
and in order to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency
Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended the
City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
adopted Emergency Ordinance No. 054, 2020, (Emergency Ordinance 054), on March 20, 2020,
permitting Council to conduct business remotely; and
WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial
hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance
is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and
essential board meetings, in addition to other City Council meetings, and therefore supersedes and
replaces in all respects Emergency Ordinance No. 54; and
WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive
Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public
Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public
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Health Order), both of which ordered citizens of the State to stay at home, leave home only for
identified necessary activities, and comply with physical distancing requirements, sometimes
referred to as “social distancing”; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
physical distancing in order to reduce its transmission, based on the scientific evidence described
in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and
WHEREAS, due to the continued critical need to limit interaction by staying at home,
maintain physical distance from others, slow the transmission of COVID-19 and protect the health,
safety and welfare of the people of Fort Collins, the City is currently unable to hold traditional
meetings or quasi-judicial hearings in accordance with the provisions of its City Code and Land
Use Code; and
WHEREAS, in order to continue essential government activity that will protect the health,
safety and welfare of the people of Fort Collins, including but not limited to economic health, the
City Council wishes to also make available certain remote quasi-judicial hearings meetings by the
City Council, City Boards and Commissions and administrative hearing officers charged with the
exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land
Use Code (collectively “Quasi-Judicial Hearings”), and certain remote neighborhood meetings
required by the Land Use Code (“Neighborhood Meetings”), and essential Board Meetings,
provided that criteria set forth below can be met; and
WHEREAS, utilizing technology, whether telephonic, on-line platforms, other
technological methods or a combination thereof (“Remote Technology”) to conduct certain City
Council Meetings, Quasi-Judicial Hearings, Neighborhood Meetings, and essential Board
Meetings is authorized by City Council in recognition that the use of such technology is consistent
with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq.
(2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and
WHEREAS, in accordance with the guidance of the Larimer County Sixth Public Health
Order Re: Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which
may be extended or replaced with a subsequent similar Order), and the Colorado Department of
Public Health and Environment Third Updated Public health Order 20-24 Implementing Stay At
Home Requirements dated April 1, 2020, regarding essential/critical businesses (which may be
extended or replaced with a subsequent similar Order), City Council recognizes that certain
essential business and infrastructure must continue to occur during this time to protect the physical
and economic health of the City of Fort Collins and its citizens; and
WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as
defined in Section 4 because they are found to be essential/critical to maintaining the citizens’
physical and economic health; and
WHEREAS, the types of Quasi-Judicial Hearings that are not authorized to occur remotely
are: (1) Appeals; (2) Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
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Division 2.9; (3) Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4; and
WHEREAS, certain Quasi-Judicial Hearings are authorized to be conducted using Remote
Technology if the technology used ensures that the hearings meet the procedural safeguards
required to provide due process of law under the United States and Colorado constitutions, the
requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard,
present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are
fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings;
and (5) a sufficient record of the proceedings can be made (collectively, “Due Process
Requirements”); and
WHEREAS, in addition, certain City Boards and Commissions are responsible for
functions that, while not quasi-judicial in nature,WHEREAS, certain City Boards and
Commissions are responsible for functions that are not quasi-judicial in nature and are time-
sensitive and important to the City Council’s ability to complete action on critical programs such
as the federally funded Community Development Block Grant and HOME programs or other
programs for funding or supporting community services or programs, and in order to carry out
those functions during the local emergency and maintain required physical distancing and other
measures to prevent the spread of COVID-19, Boards and Commissions may also need to meet
and carry out essential City business using Remote Technology; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of the
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that:
Section 1. The City Council hereby finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable the
City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial Hearings
and Neighborhood Meetings, as well as for Board and Commission meetings needed to carry out
essential City business, during the pendency of a public health or other local emergency affecting
the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared Local
Emergency”), in order to protect the physical and economic health, safety and welfare of the people
of Fort Collins that would result from the inability to conduct such meetings and essential City
business.
Section 2. The City Council finds that allowing certain City Council Meetings, Quasi-
Judicial Hearings, Neighborhood Meetings, and Board and Commission meetings needed to carry
out essential City business, to be held using Remote Technology is consistent with the Colorado
Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and Article II
of the City Charter.
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Section 3. The Council hereby adopts the following special provisions for City
Council meetings using Remote Technology during a Declared Local Emergency, to supplement
the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows:
A. In the event the City Council is unable during the course of a Declared Local
Emergency to conduct its regular meeting at the day, hour, and place fixed by City Code §
2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person would
not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically or by other
means of communication so as to provide reasonably available participation by the public,
consistent with the requirements of this Emergency Ordinance.
B. Meetings of the City Council or Council committees may be conducted by
telephone, electronically or by other means, and remote participation shall constitute
presence and actual attendance for purposes of establishing a quorum, so long as no quasi-
judicial mattes will be considered, subject to the following conditions:
1. The City Manager or the Mayor determines that meeting in person would
not be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
2. All members of the Council participating in the meeting can see and hear
one another, or, if circumstances preclude an arrangement that would allow
visual communication, hear one another;
3. All members of the Council participating in the meeting can see, hear or
read all discussion, comment, and testimony in a manner designed to
provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all Council votes and other dialogue, in a manner
designed to provide maximum information sharing and participation;
5. At least one member of the Council must be present at the physical meeting
location, unless not feasible due to the public health emergency or other
unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how Councilmembers and the public may
participate and stating the right of the public to monitor the meeting, as well
as the recording and preparation of meeting minutes; and
8. Only matters that have been determined by the City Manager and Mayor to
be pressing and to require prompt action by the Council may be considered
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when a meeting is conducted pursuant to these procedures. An explanation
for the basis of such determination shall be included in the materials for
each item to be considered.
C. The City Clerk or their designee shall initiate the meeting by telephone,
electronically or through other means not more than forty-five (45) minutes and not less
than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection
during a meeting, the City Clerk or their designee shall make at least one attempt to re-
initiate the connection.
Section 4. The Council hereby adopts the following special provisions permitting
Quasi-Judicial Hearings, excluding those listed in Subsection 4.B. below, during a Declared Local
Emergency using Remote Technology, to supplement the provisions of Division 2, Article II and
Article III of Chapter 2 of the City Code, other applicable provisions of the City Code, applicable
provisions adopted by Council (such as the Boards and Commissions Manual) and the City’s Land
Use Code, as follows:
A. In the event a scheduled in-person Quasi-Judicial Hearing not excluded under
Subsection 4.B cannot be conducted at the day, hour and place fixed by City Code § 2-28,
§ 2-29 and § 2-72 or pursuant to other City Code or Council-adopted provisions applicable
to City Board or Commission or the City’s Land Use Code, because meeting in person
would not be prudent or permitted due to a Declared Local Emergency, the Quasi-Judicial
Hearing may be conducted by the use of Remote Technology so long as the requirements
of Subsection 4.C below are met. Remote participation in any Quasi-Judicial Hearing by
any member of the City Council or of any Board or Commission shall constitute presence
and actual attendance for purposes of establishing a quorum.
B. The following Quasi-Judicial Hearings are not allowed to be heard remotely:
1. Appeals of any decision as such appeals may be authorized under the City
of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not “appeals” under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4.
C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted
using Remote Technology if the following criteria are met:
1. A determination of necessity is made as follows:
i. For a City Council proceeding, the City Manager, after consultation
with the Mayor and the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing by City Council would not be
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prudent because of conditions related to a Declared Local
Emergency.
ii. For a proceeding of any other decision-making body, the City
Manager or their designee, after consultation with the chairperson
of such body and the City Attorney, determines that holding an in-
person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iii. For a Type I hearing or other quasi-judicial proceeding before an
individual decisionmaker under the City’s Land Use Code, the
Director of Community Development and Neighborhood Services,
in consultation with the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iv. For a quasi-judicial proceeding before an individual decisionmaker
under any provision of the City Code, the City Manager or their
designee, in consultation with the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing would not be prudent
because of conditions related to a Declared Local Emergency.
2. Legally sufficient notice of the Quasi-Judicial Hearing has been given.
3. The Remote Technology used for the Quasi-Judicial Hearing is sufficient
to satisfy the requirements of Due Process as described above and as
follows:
i. All members of the decision-making body can see and hear one
another or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
ii. All members of the decision-making body or the individual
decisionmaker, as applicable, can see, hear or read all discussion,
comment and testimony in a manner designed to provide the body
or decisionmaker with reasonably complete and accurate perception
of such evidentiary material;
iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and
reasonable access to all discussion, comment and testimony,
evidentiary material and dialogue;
iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and
reasonable opportunity to present information to the decision-
making body or individual decisionmaker, as applicable; and
v. All votes of the decision-making body must be conducted by a roll
call of the members.
4. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to record and maintain the decision made at the
Hearing and the evidence and findings supporting that decision; and
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5. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to make or support the making of a complete record
of the proceedings, including all evidence presented and considered, all
testimony and all discussion by the decisionmakers for purposes of any right
of appeal available under the City Code, the City’s Land Use Code or
federal or state law.
D. Any person or applicant seeking a quasi-judicial decision from City Council, a City
Board or Commission or an administrative hearing officer under the City Code or the City’s
Land Use Code, shall be notified in writing or by email of the intention to conduct a Quasi-
Judicial hearing using Remote Technology. Such person or applicant shall be entitled to
request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be
conducted in person. Any person or applicant proceeding with and participating in a Quasi-
Judicial Hearing using Remote Technology shall be deemed to have consented to such
method of providing the Quasi-Judicial Hearing.
E. The Director of Community Development and Neighborhood Services, in
consultation with the City Attorney, may promulgate reasonable policies and procedures
to implement these requirements during a Declared Local Emergency for Quasi-Judicial
Hearings conducted under the authority of the City’s Land Use Code by Boards or
Commissions or administrative hearing officers.
Section 5. The City Council hereby authorizes Neighborhood Meetings required under
the City’s Land Use Code to be conducted using Remote Technology during a Declared Local
Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following
requirements of Section 2.2.2 of the City’s Land Use Code:
1. Provides a forum for citizens of area neighborhoods, applicants and the
Director to identify, review, discuss, and work through any solutions to
identified concerns for development applications during the conceptual
planning stage.
2. Complies with requirements of Notice articulated in Land Use Code Section
2.2.2(C).
3. Provides a forum for attendance by citizens of the affected area
neighborhoods, the applicant/applicant representative and the
Director/Director’s representative.
4. Complies with the Summary of the meeting directives in Land Use Code
Section 2.2.2(E).
Section 6. The Council hereby adopts the following special provisions for City Board
and Commission meetings during a Declared Local Emergency for matters that are not Quasi-
Judicial Hearingsquasi-judicial in nature, to supplement the provisions of Division 2, Article II
and Article III of Chapter 2 of the City Code and other provisions adopted by the Council to govern
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City Boards and Commissions (including the Boards and Commissions Manual), and to supersede
any applicable provisions to the contrary, as follows:
A. In the event a City Board or Commission is unable during the course of a Declared
Local Emergency to conduct its essential regular (non-quasi-judicial) business with
members physically present at a meeting because meeting in-person would not be prudent
due to a public health emergency or other unforeseen circumstances affecting the city, such
meeting may be conducted by telephone, electronically or by other means of
communication so as to provide reasonably available participation by the public, consistent
with the requirements of this Emergency Ordinance.
B. Essential meetings of a City Board or Commission, other than Quasi-Judicial
Hearingsquasi-judicial matters, may be conducted by telephone, electronically or by other
means, and remote participation shall constitute presence and actual attendance for
purposes of establishing a quorum, so long as no quasi-judicial matters will be considered,
subject to the following conditions:
1. The City Manager or their designee, in consultation with the chairperson of
the Board or Commission and Council Liaison to the Board or Commission,
determines that meeting in person would not be prudent because of a
Declared Local Emergency and that the business to be conducted by the
Board or Commission is essential;
2. All members of the Board or Commission participating in the meeting can
see and hear one another or, if circumstances preclude an arrangement that
would allow visual communication, hear one another;
3. All members of the Board or Commission participating in the meeting can
see, hear or read all discussion, comment and testimony in a manner
designed to provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all votes and other dialogue, in a manner designed to
provide maximum information sharing and participation;
5. At least one member of the Board or Commission must be present at the
physical meeting location, unless not feasible due to the Declared Local
Emergency or other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how members of the Board or Commission
and the public may participate and stating the right of the public to monitor
the meeting, as well as the recording and preparation of meeting minutes;
and
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8. Only matters that are the subject of the determination described in
Subsection 1. above may be considered when a meeting is conducted
pursuant to these procedures.
C. The staff liaison for the Board or Commission or their designee shall initiate the
meeting by telephone, electronically, or through other means not more than forty-five (45)
minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting.
Upon disconnection during a meeting, the staff liaison or their designee shall make at least
one attempt to re-initiate the connection.
Section 76. This Emergency Ordinance shall supersede and replace in all respects
Emergency Ordinance No. 054, 2020.
Section 87. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance within 7seven days after adoption in accordance with the Fort Collins City
Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City of
Fort Collins and finally passed as an emergency ordinance and ordered published this 14th day of
April, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EMERGENCY ORDINANCE NO. 060, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054, 2020
ENACTING TEMPORARY PROCEDURES
FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, due to the increasing incidence of COVID-19 in the general population, the
World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and
WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster
Emergency for the State of Colorado and on March 13, 2020, the President of the United States
declared a National Emergency; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended
the City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance 054), on March 20, 2020,
permitting Council to conduct business remotely; and
WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial
hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance
is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and
essential board meetings, in addition to other City Council meetings, and therefore supersedes
and replaces in all respects Emergency Ordinance No. 54; and
WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive
Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public
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Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public
Health Order), both of which ordered citizens of the State to stay at home, leave home only for
identified necessary activities, and comply with physical distancing requirements, sometimes
referred to as “social distancing”; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
physical distancing in order to reduce its transmission, based on the scientific evidence described
in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and
WHEREAS, due to the continued critical need to limit interaction by staying at home,
maintain physical distance from others, slow the transmission of COVID-19 and protect the
health, safety and welfare of the people of Fort Collins, the City is currently unable to hold
traditional meetings or quasi-judicial hearings in accordance with the provisions of its City Code
and Land Use Code; and
WHEREAS, in order to continue essential government activity that will protect the
health, safety and welfare of the people of Fort Collins, including but not limited to economic
health, the City Council wishes to also make available certain remote quasi-judicial hearings by
the City Council, City Boards and Commissions and administrative hearing officers charged with
the exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and
Land Use Code (collectively “Quasi-Judicial Hearings”), and certain remote neighborhood
meetings required by the Land Use Code (“Neighborhood Meetings”), and essential Board
Meetings, provided that criteria set forth below can be met; and
WHEREAS, utilizing technology, whether telephonic, on-line platforms, other
technological methods or a combination thereof (“Remote Technology”) to conduct certain City
Council Meetings, Quasi-Judicial Hearings, Neighborhood Meetings, and essential Board
Meetings is authorized by City Council in recognition that the use of such technology is
consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401
et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and
WHEREAS, in accordance with the guidance of the Larimer County Sixth Public Health
Order Re: Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which
may be extended or replaced with a subsequent similar Order), and the Colorado Department of
Public Health and Environment Third Updated Public health Order 20-24 Implementing Stay At
Home Requirements dated April 1, 2020, regarding essential/critical businesses (which may be
extended or replaced with a subsequent similar Order), City Council recognizes that certain
essential business and infrastructure must continue to occur during this time to protect the
physical and economic health of the City of Fort Collins and its citizens; and
WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as
defined in Section 4 because they are found to be essential/critical to maintaining the citizens’
physical and economic health; and
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WHEREAS, the types of Quasi-Judicial Hearings that are not authorized to occur
remotely are: (1) Appeals; (2) Zoning and Rezoning matters pursuant to Fort Collins Land Use
Code Division 2.9; (3) Addition of Permitted Use matters pursuant to the Land Use Code
Division 1.3 section 1.3.4; and
WHEREAS, certain Quasi-Judicial Hearings are authorized to be conducted using
Remote Technology if the technology used ensures that the hearings meet the procedural
safeguards required to provide due process of law under the United States and Colorado
constitutions, the requirements of which include, but are not limited to: (1) notice; (2) an
adequate right to be heard, present evidence, rebut evidence and to see or hear all of the public
proceedings; (3) Hearings are fair and impartial with public roll call of votes; (4) the decision is
supported by adequate findings; and (5) a sufficient record of the proceedings can be made
(collectively, “Due Process Requirements”); and
WHEREAS, in addition, certain City Boards and Commissions are responsible for
functions that, while not quasi-judicial in nature, are time-sensitive and important to the City
Council’s ability to complete action on critical programs such as the federally funded
Community Development Block Grant and HOME programs or other programs for funding or
supporting community services or programs, and in order to carry out those functions during the
local emergency and maintain required physical distancing and other measures to prevent the
spread of COVID-19, Boards and Commissions may also need to meet and carry out essential
City business using Remote Technology; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that:
Section 1. The City Council hereby finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable
the City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial
Hearings and Neighborhood Meetings, as well as for Board and Commission meetings needed to
carry out essential City business, during the pendency of a public health or other local emergency
affecting the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared
Local Emergency”), in order to protect the physical and economic health, safety and welfare of
the people of Fort Collins that would result from the inability to conduct such meetings and
essential City business.
Section 2. The City Council finds that allowing certain City Council Meetings,
Quasi-Judicial Hearings, Neighborhood Meetings, and Board and Commission meetings needed
to carry out essential City business, to be held using Remote Technology is consistent with the
Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019)
and Article II of the City Charter.
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Section 3. The Council hereby adopts the following special provisions for City
Council meetings using Remote Technology during a Declared Local Emergency, to supplement
the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows:
A. In the event the City Council is unable during the course of a Declared Local
Emergency to conduct its regular meeting at the day, hour, and place fixed by City Code
§ 2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person
would not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically or by other
means of communication so as to provide reasonably available participation by the
public, consistent with the requirements of this Emergency Ordinance.
B. Meetings of the City Council or Council committees may be conducted by
telephone, electronically or by other means, and remote participation shall constitute
presence and actual attendance for purposes of establishing a quorum, subject to the
following conditions:
1. The City Manager or the Mayor determines that meeting in person would
not be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
2. All members of the Council participating in the meeting can see and hear
one another, or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
3. All members of the Council participating in the meeting can see, hear or
read all discussion, comment, and testimony in a manner designed to
provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all Council votes and other dialogue, in a manner
designed to provide maximum information sharing and participation;
5. At least one member of the Council must be present at the physical
meeting location, unless not feasible due to the public health emergency or
other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how Councilmembers and the public may
participate and stating the right of the public to monitor the meeting, as
well as the recording and preparation of meeting minutes; and
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8. Only matters that have been determined by the City Manager and Mayor
to be pressing and to require prompt action by the Council may be
considered when a meeting is conducted pursuant to these procedures. An
explanation for the basis of such determination shall be included in the
materials for each item to be considered.
C. The City Clerk or their designee shall initiate the meeting by telephone,
electronically or through other means not more than forty-five (45) minutes and not less
than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection
during a meeting, the City Clerk or their designee shall make at least one attempt to re-
initiate the connection.
Section 4. The Council hereby adopts the following special provisions permitting
Quasi-Judicial Hearings, excluding those listed in Subsection 4.B. below, during a Declared
Local Emergency using Remote Technology, to supplement the provisions of Division 2, Article
II and Article III of Chapter 2 of the City Code, other applicable provisions of the City Code,
applicable provisions adopted by Council (such as the Boards and Commissions Manual) and the
City’s Land Use Code, as follows:
A. In the event a scheduled in-person Quasi-Judicial Hearing not excluded under
Subsection 4.B cannot be conducted at the day, hour and place fixed by City Code § 2-
28, § 2-29 and § 2-72 or pursuant to other City Code or Council-adopted provisions
applicable to City Board or Commission or the City’s Land Use Code, because meeting
in person would not be prudent or permitted due to a Declared Local Emergency, the
Quasi-Judicial Hearing may be conducted by the use of Remote Technology so long as
the requirements of Subsection 4.C below are met. Remote participation in any Quasi-
Judicial Hearing by any member of the City Council or of any Board or Commission
shall constitute presence and actual attendance for purposes of establishing a quorum.
B. The following Quasi-Judicial Hearings are not allowed to be heard remotely:
1. Appeals of any decision as such appeals may be authorized under the City
of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not “appeals” under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4.
C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted
using Remote Technology if the following criteria are met:
1. A determination of necessity is made as follows:
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i. For a City Council proceeding, the City Manager, after
consultation with the Mayor and the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing by City Council
would not be prudent because of conditions related to a Declared
Local Emergency.
ii. For a proceeding of any other decision-making body, the City
Manager or their designee, after consultation with the chairperson
of such body and the City Attorney, determines that holding an in-
person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iii. For a Type I hearing or other quasi-judicial proceeding before an
individual decisionmaker under the City’s Land Use Code, the
Director of Community Development and Neighborhood Services,
in consultation with the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iv. For a quasi-judicial proceeding before an individual decisionmaker
under any provision of the City Code, the City Manager or their
designee, in consultation with the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing would not be prudent
because of conditions related to a Declared Local Emergency.
2. Legally sufficient notice of the Quasi-Judicial Hearing has been given.
3. The Remote Technology used for the Quasi-Judicial Hearing is sufficient
to satisfy the requirements of Due Process as described above and as
follows:
i. All members of the decision-making body can see and hear one
another or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
ii. All members of the decision-making body or the individual
decisionmaker, as applicable, can see, hear or read all discussion,
comment and testimony in a manner designed to provide the body
or decisionmaker with reasonably complete and accurate
perception of such evidentiary material;
iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and
reasonable access to all discussion, comment and testimony,
evidentiary material and dialogue;
iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and
reasonable opportunity to present information to the decision-
making body or individual decisionmaker, as applicable; and
v. All votes of the decision-making body must be conducted by a roll
call of the members.
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4. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to record and maintain the decision made at the
Hearing and the evidence and findings supporting that decision; and
5. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to make or support the making of a complete
record of the proceedings, including all evidence presented and
considered, all testimony and all discussion by the decisionmakers for
purposes of any right of appeal available under the City Code, the City’s
Land Use Code or federal or state law.
D. Any person or applicant seeking a quasi-judicial decision from City Council, a
City Board or Commission or an administrative hearing officer under the City Code or
the City’s Land Use Code, shall be notified in writing or by email of the intention to
conduct a Quasi-Judicial hearing using Remote Technology. Such person or applicant
shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as
the Hearing can be conducted in person. Any person or applicant proceeding with and
participating in a Quasi-Judicial Hearing using Remote Technology shall be deemed to
have consented to such method of providing the Quasi-Judicial Hearing.
E. The Director of Community Development and Neighborhood Services, in
consultation with the City Attorney, may promulgate reasonable policies and procedures
to implement these requirements during a Declared Local Emergency for Quasi-Judicial
Hearings conducted under the authority of the City’s Land Use Code by Boards or
Commissions or administrative hearing officers.
Section 5. The City Council hereby authorizes Neighborhood Meetings required
under the City’s Land Use Code to be conducted using Remote Technology during a Declared
Local Emergency, so long as any such remote Neighborhood Meeting satisfies all of the
following requirements of Section 2.2.2 of the City’s Land Use Code:
1. Provides a forum for citizens of area neighborhoods, applicants and the
Director to identify, review, discuss, and work through any solutions to
identified concerns for development applications during the conceptual
planning stage.
2. Complies with requirements of Notice articulated in Land Use Code
Section 2.2.2(C).
3. Provides a forum for attendance by citizens of the affected area
neighborhoods, the applicant/applicant representative and the
Director/Director’s representative.
4. Complies with the Summary of the meeting directives in Land Use Code
Section 2.2.2(E).
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Section 6. The Council hereby adopts the following special provisions for City Board
and Commission meetings during a Declared Local Emergency that are not Quasi-Judicial
Hearings, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of
the City Code and other provisions adopted by the Council to govern City Boards and
Commissions (including the Boards and Commissions Manual), and to supersede any applicable
provisions to the contrary, as follows:
A. In the event a City Board or Commission is unable during the course of a
Declared Local Emergency to conduct its essential regular (non-quasi-judicial) business
with members physically present at a meeting because meeting in-person would not be
prudent due to a public health emergency or other unforeseen circumstances affecting the
city, such meeting may be conducted by telephone, electronically or by other means of
communication so as to provide reasonably available participation by the public,
consistent with the requirements of this Emergency Ordinance.
B. Essential meetings of a City Board or Commission, other than Quasi-Judicial
Hearings, may be conducted by telephone, electronically or by other means, and remote
participation shall constitute presence and actual attendance for purposes of establishing a
quorum, subject to the following conditions:
1. The City Manager or their designee, in consultation with the chairperson
of the Board or Commission and Council Liaison to the Board or
Commission, determines that meeting in person would not be prudent
because of a Declared Local Emergency and that the business to be
conducted by the Board or Commission is essential;
2. All members of the Board or Commission participating in the meeting can
see and hear one another or, if circumstances preclude an arrangement that
would allow visual communication, hear one another;
3. All members of the Board or Commission participating in the meeting can
see, hear or read all discussion, comment and testimony in a manner
designed to provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all votes and other dialogue, in a manner designed to
provide maximum information sharing and participation;
5. At least one member of the Board or Commission must be present at the
physical meeting location, unless not feasible due to the Declared Local
Emergency or other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how members of the Board or Commission
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and the public may participate and stating the right of the public to
monitor the meeting, as well as the recording and preparation of meeting
minutes; and
8. Only matters that are the subject of the determination described in
Subsection 1. above may be considered when a meeting is conducted
pursuant to these procedures.
C. The staff liaison for the Board or Commission or their designee shall initiate the
meeting by telephone, electronically, or through other means not more than forty-five
(45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the
meeting. Upon disconnection during a meeting, the staff liaison or their designee shall
make at least one attempt to re-initiate the connection.
Section 7. This Emergency Ordinance shall supersede and replace in all respects
Emergency Ordinance No. 054, 2020.
Section 8. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance within 7 days after adoption in accordance with the Fort Collins City
Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 14th
day of April, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 061, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054, 2020
ENACTING TEMPORARY PROCEDURES
FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, the City and the Larimer County Department of Public Health and
Environment, state officials, Colorado State University and the Poudre School District are
cooperatively working to limit community spread and slow the transmission of COVID-19; and
WHEREAS, due to the increasing incidence of COVID-19 in the general population, the
World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and
WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster
Emergency for the State of Colorado and on March 13, 2020, the President of the United States
declared a National Emergency; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended
the City Manager’s proclamation of local emergency; and
WHEREAS, in light of the potential for Councilmembers to be isolated and unable to
physically meet together for a Council meeting in order to conduct Council business, Council
adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance 054), on March 20, 2020,
permitting Council to conduct business remotely; and
WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial
hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance
is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and
essential board meetings, in addition to other City Council meetings, and therefore supersedes
and replaces in all respects Emergency Ordinance No. 54; and
WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive
Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public
Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public
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Health Order), both of which ordered citizens of the State to stay at home, leave home only for
identified necessary activities, and comply with physical distancing requirements, sometimes
referred to as “social distancing”; and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
physical distancing in order to reduce its transmission, based on the scientific evidence described
in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and
WHEREAS, due to the continued critical need to limit interaction by staying at home,
maintain physical distance from others, slow the transmission of COVID-19 and protect the
health, safety and welfare of the people of Fort Collins, the City is currently unable to hold
traditional meetings or quasi-judicial hearings in accordance with the provisions of its City Code
and Land Use Code; and
WHEREAS, in order to continue essential government activity that will protect the
health, safety and welfare of the people of Fort Collins, including but not limited to economic
health, the City Council wishes to also make available certain remote quasi-judicial hearings by
the City Council, City Boards and Commissions and administrative hearing officers charged with
the exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and
Land Use Code (collectively “Quasi-Judicial Hearings”), and certain remote neighborhood
meetings required by the Land Use Code (“Neighborhood Meetings”), and essential Board
Meetings, provided that criteria set forth below can be met; and
WHEREAS, utilizing technology, whether telephonic, on-line platforms, other
technological methods or a combination thereof (“Remote Technology”) to conduct certain City
Council Meetings, Quasi-Judicial Hearings, Neighborhood Meetings, and essential Board
Meetings is authorized by City Council in recognition that the use of such technology is
consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401
et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and
WHEREAS, in accordance with the guidance of the Larimer County Sixth Public Health
Order Re: Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which
may be extended or replaced with a subsequent similar Order), and the Colorado Department of
Public Health and Environment Third Updated Public health Order 20-24 Implementing Stay At
Home Requirements dated April 1, 2020, regarding essential/critical businesses (which may be
extended or replaced with a subsequent similar Order), City Council recognizes that certain
essential business and infrastructure must continue to occur during this time to protect the
physical and economic health of the City of Fort Collins and its citizens; and
WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as
defined in Section 4 because they are found to be essential/critical to maintaining the citizens’
physical and economic health; and
WHEREAS, the types of Quasi-Judicial Hearings that are not authorized by this
Ordinance to occur remotely are: (1) Appeals; (2) Zoning and Rezoning matters pursuant to Fort
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Collins Land Use Code Division 2.9; (3) Addition of Permitted Use matters pursuant to the Land
Use Code Division 1.3 section 1.3.4; and
WHEREAS, certain Quasi-Judicial Hearings are authorized to be conducted using
Remote Technology if the technology used ensures that the hearings meet the procedural
safeguards required to provide due process of law under the United States and Colorado
constitutions, the requirements of which include, but are not limited to: (1) notice; (2) an
adequate right to be heard, present evidence, rebut evidence and to see or hear all of the public
proceedings; (3) Hearings are fair and impartial with public roll call of votes; (4) the decision is
supported by adequate findings; and (5) a sufficient record of the proceedings can be made
(collectively, “Due Process Requirements”); and
WHEREAS, in addition, certain City Boards and Commissions are responsible for
functions that, while not quasi-judicial in nature, are time-sensitive and important to the City
Council’s ability to complete action on critical programs such as the federally funded
Community Development Block Grant and HOME programs or other programs for funding or
supporting community services or programs, and in order to carry out those functions during the
local emergency and maintain required physical distancing and other measures to prevent the
spread of COVID-19, Boards and Commissions may also need to meet and carry out essential
City business using Remote Technology; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that:
Section 1. The City Council hereby finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable
the City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial
Hearings and Neighborhood Meetings, as well as for Board and Commission meetings needed to
carry out essential City business, during the pendency of a public health or other local emergency
affecting the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared
Local Emergency”), in order to protect the physical and economic health, safety and welfare of
the people of Fort Collins that would result from the inability to conduct such meetings and
essential City business.
Section 2. The City Council finds that allowing certain City Council Meetings,
Quasi-Judicial Hearings, Neighborhood Meetings, and Board and Commission meetings needed
to carry out essential City business, to be held using Remote Technology is consistent with the
Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019)
and Article II of the City Charter.
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Section 3. The Council hereby adopts the following special provisions for City
Council meetings using Remote Technology during a Declared Local Emergency, to supplement
the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows:
A. In the event the City Council is unable during the course of a Declared Local
Emergency to conduct its regular meeting at the day, hour, and place fixed by City Code
§ 2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person
would not be prudent due to a public health emergency or other unforeseen circumstances
affecting the city, meetings may be conducted by telephone, electronically or by other
means of communication so as to provide reasonably available participation by the
public, consistent with the requirements of this Ordinance.
B. Meetings of the City Council or Council committees may be conducted by
telephone, electronically or by other means, and remote participation shall constitute
presence and actual attendance for purposes of establishing a quorum, subject to the
following conditions:
1. The City Manager or the Mayor determines that meeting in person would
not be prudent because of a public health emergency or other unforeseen
circumstances affecting the city;
2. All members of the Council participating in the meeting can see and hear
one another, or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
3. All members of the Council participating in the meeting can see, hear or
read all discussion, comment, and testimony in a manner designed to
provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all Council votes and other dialogue, in a manner
designed to provide maximum information sharing and participation;
5. At least one member of the Council must be present at the physical
meeting location, unless not feasible due to the public health emergency or
other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how Councilmembers and the public may
participate and stating the right of the public to monitor the meeting, as
well as the recording and preparation of meeting minutes; and
8. Only matters that have been determined by the City Manager and Mayor
to be pressing and to require prompt action by the Council may be
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considered when a meeting is conducted pursuant to these procedures. An
explanation for the basis of such determination shall be included in the
materials for each item to be considered.
C. The City Clerk or their designee shall initiate the meeting by telephone,
electronically or through other means not more than forty-five (45) minutes and not less
than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection
during a meeting, the City Clerk or their designee shall make at least one attempt to re-
initiate the connection.
Section 4. The Council hereby adopts the following special provisions permitting
Quasi-Judicial Hearings, excluding those listed in Subsection 4.B. below, during a Declared
Local Emergency using Remote Technology, to supplement the provisions of Division 2, Article
II and Article III of Chapter 2 of the City Code, other applicable provisions of the City Code,
applicable provisions adopted by Council (such as the Boards and Commissions Manual) and the
City’s Land Use Code, as follows:
A. In the event a scheduled in-person Quasi-Judicial Hearing not excluded under
Subsection 4.B. cannot be conducted at the day, hour and place fixed by City Code § 2-
28, § 2-29 and § 2-72 or pursuant to other City Code or Council-adopted provisions
applicable to City Board or Commission or the City’s Land Use Code, because meeting
in person would not be prudent or permitted due to a Declared Local Emergency, the
Quasi-Judicial Hearing may be conducted by the use of Remote Technology so long as
the requirements of Subsection 4.C. below are met. Remote participation in any Quasi-
Judicial Hearing by any member of the City Council or of any Board or Commission
shall constitute presence and actual attendance for purposes of establishing a quorum.
B. The following Quasi-Judicial Hearings are not allowed to be heard remotely:
1. Appeals of any decision as such appeals may be authorized under the City
of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not “appeals” under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code
Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3
section 1.3.4.
C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted
using Remote Technology if the following criteria are met:
1. A determination of necessity is made as follows:
i. For a City Council proceeding, the City Manager, after
consultation with the Mayor and the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing by City Council
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would not be prudent because of conditions related to a Declared
Local Emergency.
ii. For a proceeding of any other decision-making body, the City
Manager or their designee, after consultation with the chairperson
of such body and the City Attorney, determines that holding an in-
person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iii. For a Type I hearing or other quasi-judicial proceeding before an
individual decisionmaker under the City’s Land Use Code, the
Director of Community Development and Neighborhood Services,
in consultation with the City Attorney, determines that holding an
in-person Quasi-Judicial Hearing would not be prudent because of
conditions related to a Declared Local Emergency.
iv. For a quasi-judicial proceeding before an individual decisionmaker
under any provision of the City Code, the City Manager or their
designee, in consultation with the City Attorney, determines that
holding an in-person Quasi-Judicial Hearing would not be prudent
because of conditions related to a Declared Local Emergency.
2. Legally sufficient notice of the Quasi-Judicial Hearing has been given.
3. The Remote Technology used for the Quasi-Judicial Hearing is sufficient
to satisfy the requirements of Due Process as described above and as
follows:
i. All members of the decision-making body can see and hear one
another or, if circumstances preclude an arrangement that would
allow visual communication, hear one another;
ii. All members of the decision-making body or the individual
decisionmaker, as applicable, can see, hear or read all discussion,
comment and testimony in a manner designed to provide the body
or decisionmaker with reasonably complete and accurate
perception of such evidentiary material;
iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and
reasonable access to all discussion, comment and testimony,
evidentiary material and dialogue;
iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and
reasonable opportunity to present information to the decision-
making body or individual decisionmaker, as applicable; and
v. All votes of the decision-making body must be conducted by a roll
call of the members.
4. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to record and maintain the decision made at the
Hearing and the evidence and findings supporting that decision; and
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5. The Remote Technology used to hold the Quasi-Judicial Hearing is
reasonably be expected to make or support the making of a complete
record of the proceedings, including all evidence presented and
considered, all testimony and all discussion by the decisionmakers for
purposes of any right of appeal available under the City Code, the City’s
Land Use Code or federal or state law.
D. Any person or applicant seeking a quasi-judicial decision from City Council, a
City Board or Commission or an administrative hearing officer under the City Code or
the City’s Land Use Code, shall be notified in writing or by email of the intention to
conduct a quasi-judicial hearing using Remote Technology. Such person or applicant
shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as
the Hearing can be conducted in person. Any person or applicant proceeding with and
participating in a Quasi-Judicial Hearing using Remote Technology shall be deemed to
have consented to such method of providing the Quasi-Judicial Hearing.
E. The Director of Community Development and Neighborhood Services, in
consultation with the City Attorney, may promulgate reasonable policies and procedures
to implement these requirements during a Declared Local Emergency for Quasi-Judicial
Hearings conducted under the authority of the City’s Land Use Code by Boards or
Commissions or administrative hearing officers.
Section 5. The City Council hereby authorizes Neighborhood Meetings required
under the City’s Land Use Code to be conducted using Remote Technology during a Declared
Local Emergency, so long as any such remote Neighborhood Meeting satisfies all of the
following requirements of Section 2.2.2 of the City’s Land Use Code:
1. Provides a forum for citizens of area neighborhoods, applicants and the
Director to identify, review, discuss, and work through any solutions to
identified concerns for development applications during the conceptual
planning stage.
2. Complies with requirements of Notice articulated in Land Use Code
Section 2.2.2(C).
3. Provides a forum for attendance by citizens of the affected area
neighborhoods, the applicant/applicant representative and the
Director/Director’s representative.
4. Complies with the Summary of the meeting directives in Land Use Code
Section 2.2.2(E).
Section 6. The Council hereby adopts the following special provisions for City Board
and Commission meetings during a Declared Local Emergency that are not Quasi-Judicial
Hearings, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of
the City Code and other provisions adopted by the Council to govern City Boards and
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Commissions (including the Boards and Commissions Manual), and to supersede any applicable
provisions to the contrary, as follows:
A. In the event a City Board or Commission is unable during the course of a
Declared Local Emergency to conduct its essential regular (non-quasi-judicial) business
with members physically present at a meeting because meeting in-person would not be
prudent due to a public health emergency or other unforeseen circumstances affecting the
city, such meeting may be conducted by telephone, electronically or by other means of
communication so as to provide reasonably available participation by the public,
consistent with the requirements of this Ordinance.
B. Essential meetings of a City Board or Commission, other than Quasi-Judicial
Hearings, may be conducted by telephone, electronically or by other means, and remote
participation shall constitute presence and actual attendance for purposes of establishing a
quorum, subject to the following conditions:
1. The City Manager or their designee, in consultation with the chairperson
of the Board or Commission and Council Liaison to the Board or
Commission, determines that meeting in person would not be prudent
because of a Declared Local Emergency and that the business to be
conducted by the Board or Commission is essential;
2. All members of the Board or Commission participating in the meeting can
see and hear one another or, if circumstances preclude an arrangement that
would allow visual communication, hear one another;
3. All members of the Board or Commission participating in the meeting can
see, hear or read all discussion, comment and testimony in a manner
designed to provide maximum information sharing and participation;
4. Members of the public have equivalent access to all discussion, comment
and testimony, and all votes and other dialogue, in a manner designed to
provide maximum information sharing and participation;
5. At least one member of the Board or Commission must be present at the
physical meeting location, unless not feasible due to the Declared Local
Emergency or other unforeseen circumstances;
6. All votes must be conducted by roll call;
7. All other meeting-related requirements must be met, including advance
notice with an explanation of how members of the Board or Commission
and the public may participate and stating the right of the public to
monitor the meeting, as well as the recording and preparation of meeting
minutes; and
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8. Only matters that are the subject of the determination described in
Subsection 1. above may be considered when a meeting is conducted
pursuant to these procedures.
C. The staff liaison for the Board or Commission or their designee shall initiate the
meeting by telephone, electronically, or through other means not more than forty-five
(45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the
meeting. Upon disconnection during a meeting, the staff liaison or their designee shall
make at least one attempt to re-initiate the connection.
Section 7. This Ordinance shall supersede and replace in all respects Emergency
Ordinance No. 054, 2020.
Introduced, considered favorably on first reading, and ordered published this 14th day of
April, A.D. 2020, and to be presented for final passage on the 21st day of April, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of April, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 54
City of Fort Collins Page 1
Wade Troxell, Mayor Council Information Center (CIC)
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711
for Relay Colorado) for assistance.
City Council Work Session
April 14, 2020
After the Adjourned Council meeting, which begins at 6:00 p.m.
• CALL TO ORDER.
1. COVID-19 Panel Discussion (staff: Jim Byrne, et al; 60 min panel discussion)
The purpose of this item is to discuss and answer questions related to the challenges faced by the
community during the COVID-19 pandemic. The panel will include:
• Jim Byrne - Director of Emergency Preparedness and Security for City of Fort Collins
• Kevin Unger - President and CEO of Poudre Valley Hospital and Medical Center of the Rockies
• Margo Karsten - President of Banner Health's Western Region
2. Affordable Housing Priorities. (staff: Sue Beck-Ferkiss, Jeff Mihelich; 20 minute staff presentation;
40 minute discussion)
The purpose of this item is to report on progress of the City's affordable housing goals and discuss the
scope and timing of the next Affordable Housing Strategic Plan. Also, an update on requested specific
policies and programs will also be included. These are: Home Buyers Assistance, partnership with
Elevation Community Land Trust, the Impact Fee nexus study and the feasibility study for an
Inclusionary Housing Ordinance.
3. Update on Homeward 2020 and Initiatives Affecting Persons Experiencing Homelessness (Beth
Sowder; 10 minute staff presentation; 20 minute discussion)
The purpose of this item is to provide an update on the wrap up of Homeward 2020, to report out on
initiatives aimed at homelessness remediation and to discuss community plans for moving forward.
Additional update on homelessness response to COVID-19 will be included.
City of Fort Collins Page 2
• ANNOUNCEMENTS.
• ADJOURNMENT.
DATE:
STAFF:
April 14, 2020
Jim Byrne, Office of Emergency Management
Darin Atteberry, City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
COVID-19 Panel Discussion
EXECUTIVE SUMMARY
The purpose of this item is to discuss and answer questions related to the challenges faced by the community
during the COVID-19 pandemic. The panel will include:
• Jim Byrne - Director of Emergency Preparedness and Security for City of Fort Collins
• Kevin Unger - President and CEO of Poudre Valley Hospital and Medical Center of the Rockies
• Margo Karsten - President of Banner Health's Western Region
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DATE:
STAFF:
April 14, 2020
Sue Beck-Ferkiss, Social Policy and Housing Program
Manager
Jeff Mihelich, Deputy City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Affordable Housing Priorities.
EXECUTIVE SUMMARY
The purpose of this item is to report on progress of the City's affordable housing goals and discuss the scope and
timing of the next Affordable Housing Strategic Plan. Also, an update on requested specific policies and programs
will also be included. These are: Home Buyers Assistance, partnership with Elevation Community Land Trust, the
Impact Fee nexus study and the feasibility study for an Inclusionary Housing Ordinance.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Do Councilmembers have guidance on the scope for the update of the Affordable Housing Strategic Plan?
2. Do Councilmembers agree with staff’s recommended approach to Inclusionary Housing?
3. Do Councilmembers want to continue to pursue an Affordable Housing Impact Fee?
BACKGROUND / DISCUSSION
At the October 15, 2019 City Council Work Session on Council Priorities, staff was asked to report out on four
items at this Affordable Housing Priorities Work Session. These are:
• Home Buyer Assistance Program
• Partnership with Elevation Community Land Trust
• Feasibility of Inclusionary Housing Ordinance
• Nexus Study for Affordable Housing Impact Fee
Staff will provide an update on the City’s affordable housing strategic goals and planning options moving forward.
Affordable Housing Strategic Planning
Beginning in 1999, the City began strategically planning for stimulating the production of housing for the City’s
lowest wage earners. Developing housing that is affordable to low wage earners often needs subsidy or
incentives. This has been true for many decades. In the past, the real estate market provided options for middle
earners and above. It is becoming harder for middle income earners to find good housing options that are
affordable to them.
The City has used iterative 5-year plans focused on housing for earners making less than 80% of the area median
income (AMI). The most recent Affordable Housing Strategic Plan incorporated many policy recommendations
from the Housing Affordability Policy Study (HAPS) conducted in 2014. Many of those recommendations have
been implemented, such as:
• Remove minimum house size from the Land Use Code
• Expand waiver eligibility to all developers of qualifying units
• Activate Land Bank by selling one or more parcels
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• Support Construction Defect Claim Reform by advocating for State level change
• Use Incentive Policy to negotiate affordable housing when providing a public benefit (i.e., Metro Districts)
• Increase revenue through a dedicated sales tax. Affordable Housing Capital Fund is part of the Community
Capital Improvement Program and was passed by voters to provide $4 million over 10 years.
HAPS also reviewed both Inclusionary Housing Ordinances and affordable housing impact fees. The conclusion
at that time was that the Inclusionary Housing ordinance was not a good fit for the City’s housing needs. Impact
fees and alternative revenue sources were seen as impactful in addressing the City’s need for affordable housing
but was not recommended due to lack of support. The Affordable Housing Strategic Plan calls for periodic reviews
of these tools to determine when and if they are appropriate for the City.
This plan also established an overarching goal of having 10% of the City’s housing inventory be Affordable
Housing by City’s buildout, which is anticipated to be in the next 20-25 years. A goal to increase the ratio from 5%
to 6% was set for the term of the Affordable Housing Strategic Plan, 2015-2019. While the City’s partners added
373 affordable homes in the past 5 years, and there are 248 currently under construction, the goal of 940 new
homes was not met. Plus, because there was so much market rate housing production during this time period, the
ratio did not increase from 5%.
While the City’s housing partners are planning on bringing many projects forward, without new programs, policies,
and/or incentives, it is not likely the City will achieve its goal.
See figure below:
Staff was preparing to update the City’s Affordable Housing Strategic Plan for another 5-year cadence targeting
the 80% AMI and lower demographic. However, this is an opportunity to decide if this scope and cadence is the
best for the City moving forward. There are many approaches to strategic planning for housing. Many places
simply plan for the affordable income range as Fort Collins as traditionally done. Others plan for the entire
housing spectrum. Greeley has this type of plan. Boulder has a separate Middle-Income Housing Strategy that
complements their affordable housing plan. Wilsonville Oregon is drafting an Equitable Housing Strategic Plan
that combines the equity lens with strategic planning for housing. Some plans use a master planning approach
looking out 20 years and building in regular updates. The new Housing Manager and the ad hoc City Council
committee may want to help guide the conversation on the scope and cadence of the next Housing Strategic Plan
document. See example chart attached. (Attachment 1)
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April 14, 2020 Page 3
Home Buyer Assistance (HBA) Program
History
The Home Buyer Assistance Program (HBA) was initially established in 1995 to help low- to moderate-income
renter households (earning below 80% Area Median Income) stabilize their housing costs through affordable
ownership. The target population for Home Buyer Assistance is a household which is:
• financially ready to purchase their first home
• qualifies for a mortgage with affordable monthly payments
• but lacks the additional out-of-pocket funding necessary to cover the down payment and closing costs
required to close the purchase.
Initial funding for the program came from the City’s annual grant fund allocation from the Department of Housing
and Urban Development (HUD). The HOME Investment Partnership Program (HOME) and the Community Block
Grant Program (CDBG) both identify down payment assistance as a strategy to help low-income households
stabilize housing costs and achieve home ownership. The funding sources also prescribe the income limits,
maximum purchase price and additional eligibility requirements associated with the use of federal funds. Since
inception, City staff has applied for program funds in the annual Competitive Grant process. The program has
competed for funding against other housing applications for both HUD funding and City’s Affordable Housing
Funds.
From 1995–2000, funding was issued as a grant that was forgiven after five years of owner occupancy. In 2000,
the Community Development Block Grant (CDBG) Commission recommended that the program change to a “due
on sale” loan where the buyers repaid the funding to the City upon sale or transfer of the property, or if they
refinanced to cash out their equity. In 2014, the maximum amount of assistance was increased from $10,000 to
$15,000 to address the higher purchase prices and required increases in down-payment and closing costs.
Performance:
Since the inception of the program, over 1,100 households have moved from rental housing to affordable
homeownership with assistance from the HBA program. Currently, there are 188 households with active loans
totaling $1.8 million that will be repaid to the City upon sale or transfer. The repaid funding will be returned to the
HUD line of credit and allocated to future affordable housing projects in the City’s Competitive Funding Process.
Program performance has been steadily declining since 2012, with only one loan issued in 2019. This was for a
condominium purchased by a 1-person household for $175,000. See figure below for history of loans provided
since 2012.
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Current trends
The HBA Program worked well when there were homes for sale at affordable prices to low-income buyers. As
prices have outpaced earnings, the program is no longer able to achieve the same results since low-income
buyers are no longer qualifying for mortgages or finding affordable properties to purchase.
Example of effect of market change: In 2012, a 2-person household could receive HBA assistance to purchase
a modest, entry-level house for $185,000. From 2012 to 2019, incomes increased 12.5% while the median
purchase prices increased 85%. If the household that used HBA to purchase in 2012 had earnings growth at the
reported average, they would’ve needed $18,000 in additional subsidy to purchase the same home at an
affordable purchase price in 2013, $95,000 of additional subsidy in 2016 and $132,000 of additional subsidy in
2019. The home has essentially appreciated out of the affordable inventory and would only be affordable to a
household of 6 today. The following chart illustrates this:
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$150,000
$185,000 $185,000 $185,000
$200,000
$40,000
$18,000
$95,000
$132,000
$190,000
$185,000
$203,000
$280,000
$332,000
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2005 2012 2013 2016 2019
Home Values
Incomes
Affordable Purchase Price (80% AMI) Affordability Gap Median Income (2 person household) Income Required to Qualify Home Value
A recent questionnaire sent to the lenders who are registered to participate in the HBA program yielded the
following responses: (Attachment 2)
1. The program no longer works for two primary reasons: (A) The HUD income limits are too low and (B) income
eligible households aren’t finding affordable inventory.
2. For buyers who are finding properties they can afford, there are other market products available that are less
restrictive.
3. Only 33% of the responding lenders believed the program still fills a gap in the market.
Other HUD funded down payment programs in Colorado have suspended their programs as a result of the
changes in the housing market, such as Larimer Home Ownership Program and Arapahoe County. A non-profit
partner, Impact Development Fund (IDF), formerly known as Funding Partners for Housing Solutions, was
recently awarded a $1.8 million grant from the Colorado Division of Housing to develop a down payment
assistance program that can serve all of Larimer and Weld Counties. The amount available through this program
will be up to $25,000 per household. They expect to be ready to implement in July.
Given the changes in the housing market and the emergence of other down-payment programs, the City’s HBA
program no longer meets its intended purpose. There isn’t a programmatic change that can be made to the
existing program that can overcome the purchase price affordability gap. A new program with different funding
would be necessary to serve households with higher incomes who can qualify for mortgages for current sales
prices.
Currently, the HBA program has an unspent funding allocation of approximately $70,000. This can be returned to
the Spring Competitive Process.
IDF is establishing a down payment program that can serve all of Larimer/Weld counties with down payment
assistance. If they can successfully deploy their funding and create demand, they would be eligible to apply to the
City for subsequent program funds to serve Fort Collins. It will be much simpler for income eligible buyers to apply
April 14, 2020 Page 6
HUD and Affordable Housing Funds can still support homeownership through partnerships that help with
development and/or acquisition of housing restricted to low-income ownership such as Habitat for Humanity, and
Elevation Community Land Trust. The City’s funding and partnership is best used to help partners achieve
affordable purchase prices, since income-eligible buyers can utilize other market programs for down-payment.
Partnership with Elevation Community Land Trust
Community Land Trusts (CLT) separate ownership of land from a home creating affordable homeownership and
maintain the units as affordable permanently. They sell the home to qualified low income buyers and keep the
ownership of the land A land lease with the homeowner establishes a formula for sharing appreciation in the
house so some is left as subsidy to keep the price low for subsequent buyers. The CLT qualifies buyers, certifies
resale prices, and stewards the communities and the homeowners in perpetuity.
Elevation Community Land Trust (Elevation) was established in 2017 to be a statewide CLT. Its mission is
permanent affordable homeownership. It is capitalized by philanthropic funders and expects to be self-sustaining
when it manages 1,068 properties, which it believes will take 7 years. Fort Collins is one of nine local jurisdictions
currently working with Elevation. The City formalized the partnership with Elevation in 2019.
Elevation is currently working on two projects in Fort Collins:
• Public Housing Repositioning: Elevation and Housing Catalyst have come together in a unique way that is
a win-win-win. Through this partnership, 44 aging, underfunded public housing units will be renovated by
Elevation to become permanently affordable homeownership opportunities for families earning 70% of area
median income; Housing Catalyst will receive 44 new vouchers to serve the existing families in ways that
support family stability and mobility; and Housing Catalyst will then be able to leverage the sales proceeds to
build or preserve approximately 130 affordable rental apartments.
• Kechter Land Bank Parcel: After the City issued two Requests for Proposals for the development of a
homeownership 60-unit townhome community on the 5-acre land bank parcel on Kechter Road, an Exclusive
Negotiating Agreement was entered into with TWG, Inc as developer. Feasibility analysis for such a
community is under way and moved forward with formation of partnership between TWG, Inc. as developer,
Elevation Community Land Trust as acquirer, and with Housing Catalyst providing construction tax abatement
and local development entitlement process technical assistance. This partnership structure allows Elevation
to apply for Division of Housing funding which is the needed subsidy to make this home ownership project
feasible. This application will be heard by the State Housing Board on April 14, 2020.
Feasibility of Inclusionary Housing Ordinance
What is Inclusionary Housing?
Inclusionary Housing is a land use regulation, adopted through ordinance, that requires new residential
development to build a portion (also called a set-aside) of housing units as affordable to a specified income
affordability level (e.g., requiring a residential development to provide 10 percent of its housing units as affordable
to households earning 80 percent of the area’s median income, or 20 percent of units at 100 percent of median
income). Policies lay out a variety of provisions, such as:
• Type and amount of incentives (e.g., density bonus, fee reductions or waivers, subsidies)
• Length of the affordability term
• Local residency requirement
• Price appreciation limits
• Applicability threshold (i.e., the policy applies only to project with 30 units or more)
• Alternative satisfaction options (e.g., building units off-site, dedicating land, or making a cash contribution to a
housing fund – a fee in-lieu).
While most policies in practice make set-asides mandatory, a substantial portion are voluntary, meaning that if a
development chooses to meet the specified affordability requirement, it can access identified incentives.
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Fort Collins has periodically evaluated the use of this policy, as well as the imposition of an affordable housing
impact fee several times since 2001. This year, City Council approved an interim budget request to hire a
consultant to consider these tools again under current conditions. The City hired Economic & Planning Systems,
Inc. (EPS) who authored the 2014 HAPS report to conduct a feasibility study for a potential Inclusionary Housing
Ordinance and a nexus study for a potential affordable housing impact fee.
Where are Inclusionary Housing Policies Active?
Nationwide, there are approximately 900 jurisdictions with inclusionary zoning policies, 45 percent of which are in
New Jersey, 27 percent in Massachusetts, 17 percent in California, and 11 percent scattered throughout the rest
of the U.S. There are 12 IHO policies in Colorado (1 percent of programs nationwide).
How Many Units do Inclusionary Housing Policies Create?
One of the more recent comprehensive reviews of IHO policies in the U.S. was completed in 2017 by the Lincoln
Institute of Land Policy, which identified a total production yield of 173,700 units nationwide among these 900
jurisdictions since the inception of all policies – an average of 190 units per program since adoption. Considering
that 70 percent of programs were created between 2000 and 2010, it could be estimated that, that the average
policy adopted in 2005 has generated 12 units per year nationwide.
• Denver (CO): in for-sale projects of 30 units or more (but not more than 1,000), the program requires a 10
percent set-aside of units priced at 80 percent AMI or at 95 percent AMI (in high cost structures, e.g.,
multifamily steel and concrete construction); in for-sale projects of more than 1,000 units, affordability is
negotiated with developers; incentives include a cash subsidy up to $25,000 per unit; alternative satisfaction
options exist; since 2002, the program has produced approximately 100 units in projects (not including more
than 1,000 created through negotiations with developers).
• Chapel Hill (NC): in for-sale projects, the program requires a 15 percent set-aside (10 percent in the Town
Center) of units priced between 65 and 80 percent AMI; a state rent control prohibition also exists in North
Carolina; since 1995, the program has produced approximately 300 units.
• Cambridge (MA): in for-sale and rental projects, the program requires a 15 percent set-aside of units at 65
percent AMI; incentives include a 30 percent density bonus; since adoption, the program has created
approximately 12 units per year.
• Boulder (CO): in for-sale projects (and for rental projects through voluntary compliance), the program requires
a 25 percent set-aside of units at as an incentive, affordable units may be smaller than market-rate units, but
must meet the City’s livability standards–i.e., that the units must be “functionally equivalent”; since adoption,
the program has created (through onsite construction, offsite construction or financing) approximately 80 units
per year.
• Montgomery County (MD): in for-sale and rental projects, this program requires a 15 percent set-aside of
units priced at 80 to 120 percent AMI (for-sale projects) or 65 percent AMI (garden-style apartments) and 70
percent AMI (high-rise apartments); incentives available include the waiver of certain impact fees; between its
adoption and 2004, the program had created more than 400 units per year (nearly 12,000 total); because the
affordability term was only 10 years, however, all 12,000 affordable units are no longer affordable.
To What Type of Developments do Inclusionary Housing Programs Apply?
Throughout the U.S., many inclusionary housing programs cannot apply to new rental developments. Many
states, like Colorado, have statutory prohibitions against “rent control”, meaning communities are prohibited from
enacting IHOs applied to rental developments. Nearly two decades ago, the State Supreme Court’s “Telluride
Decision” made such a determination. Since then, the Colorado State Legislature, has made limited provisions for
housing authorities or similar entities to own and manage deed-restricted affordable housing under HB10-1017,
which has left room for rental housing to be provided through voluntary agreements. Aspen and Boulder, two of
the more prominent examples of communities with such policies, continue to apply their inclusionary housing
policies to rental housing projects, although the processes by which these agreements are accomplished require
complex legal ownership and operational agreements and are not easily replicable. It also requires substantial
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administrative support. As such, inclusionary housing policies in Colorado generally apply to for-sale residential
developments.
Study Methodology
EPS conducted its economic feasibility study and nexus analysis grounded in local market data and based on
best practices. The feasibility study evaluated the impact that a variety of inclusionary housing provisions would
have on the financial feasibility of “prototypical” developments in Fort Collins. The feasibility evaluation calculated
financial performance metrics for developments under four scenarios:
• no requirements
• with incentives
• with onsite affordable housing
• and the payment of a fee in-lieu of onsite affordable housing.
EPS also performed sensitivity analyses on different aspects of the policy (i.e., incentive amounts, density bonus,
set-aside, affordability level, etc.) to understand whether and at what point an optimal policy could be structured to
retain baseline financial performance (i.e., with no inclusionary housing). They engaged stakeholders by
convening four meetings and conducted interviews with developers and City Councilmembers. These Stakeholder
meetings and interviews informed both the inclusionary housing feasibility study and the nexus study for the
affordable housing impact fee.
Stakeholders from the following organizations were invited to participate:
Banner Health
Bohemian
Brinkman
CARE Housing
CBRE (Commercial Real Estate)
Fort Collins Chamber of Commerce
Community Foundation
Colorado State University
Downtown Development Authority
Neighbor to Neighbor
Colorado Division of Housing
Elevations Community Land Trust
Fort Collins Board of Realtors
Hartford Homes
Home Builders Association
Housing Catalyst
Impact Development Fund
Larimer County (Economic Development, Health Department and Housing Work Group representatives)
MAVD – Harmony Technology Park
Montava Developer
Neenan Archistruction
Poudre School District
Ripley Design
Feasibility Study results
Draft feasibility modeling results demonstrate that an inclusionary housing policy could be established with the
following elements:
• Onsite Set-Aside and Affordability
o Single-family: 4 percent at 60 percent AMI or 7 percent at 80 percent AMI
o Townhome: 8 percent at 60 percent AMI or 23 percent at 80 percent AMI
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o Multifamily structures (3+ floors): n/a (market-rate price points don’t exist to support this product
in the Fort Collins market yet)
o The recommended set asides would range between 5-15% depending on prototype because
conventional practice is to generalize these numbers in increments of 2.5 or 5%.
• Density Bonus
o Single-family: 20 percent
o Townhome: 20 percent
o Multifamily: modeled at 20 percent
• Fee In-Lieu of Onsite Affordable Housing Construction
o Single-family: $8 per square-foot of gross building area
o Townhome: $10 per square-foot of gross building area
o Multifamily: $10 to $15 per square-foot of gross building area
• An applicability threshold was not discussed
In EPS’s presentation of draft feasibility findings, they identified the following conditions would be necessary for
this policy, as structured, to be successful. The City has control over some, but not all of these conditions, making
the likelihood of success a greater challenge.
• Density bonus must be (a) perceived as valuable to the development (City does not have control over this);
(b) possible under the Land Use Code (City does have control); and (c) any additional density must be
achieved through an increase of density on the same acreage of land (City does have control over the land
use aspect, but not over whether the market (i.e., buyers) will respond positively to such a change).
o Many, if not all, of these conditions are not viable under the current market and regulations
• Market would need to accept an inclusionary housing policy that applied only to single-family and townhome
development. (City does not have control over this). It was noted that this would not mirror most policies in
practice. Active policies typically apply to multifamily scale developments (e.g., 3+ floors), in part because the
marginal financial gains of additional density can be achieved without the purchase of additional land.
o The Fort Collins market does not currently exist to support 3+ story for-sale product.
• The end-user (i.e., homebuyer) would need to be indifferent to deed restrictions. (City does not have control
over this). That is, in high-priced markets (like Aspen or San Francisco) with a wide gap between market rate
price points and affordable housing, buyers have no affordable options in the existing housing market. There
is still an overlap of pricing for some market rate homes and restricted homes.
• In Fort Collins, a new market-rate townhome, for example, is likely to be priced at $300,000, whereas an
affordable townhome for a household earning 80 percent AMI is $225,800.
• Furthermore, when this policy was evaluated in 2013, 22% of existing home sales were affordable to
households earning 100 percent of area median income. Today, 21% of all market rate sales were priced
affordably to households earning 100% AMI.
Possible consequences
• Could negatively impact land values,
• Could limit developer profit,
• Could cause cost shifting to market-rate unit buyers/renters,
• Comes with a heavy administrative burden
Conclusion: Based on lack of required conditions for success, current suitability for Inclusionary Housing for Fort
Collins is questionable. Staff will continue to monitor conditions and periodically evaluate policy appropriateness.
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Nexus Study for Affordable Housing Impact Fee
What is an affordable housing impact fee?
Linkage fees are sometimes referred to as “affordable housing impact fees”, and they can be applied to new
residential and/or commercial development. While inclusionary housing policies are typically structured to
prioritize onsite affordable housing construction with an alternative option to pay a fee in-lieu, linkage programs
are structured to prioritizing the generation of revenues for a variety of affordable housing purposes with an
alternative option to build onsite or offsite affordable housing. Linkage fees are implemented under a legal
framework similar to traditional capital impact fees. Therefore, linkage fees must be:
• Legislatively adopted
• Generally applicable to a broad class of property
• Intended to defray impacts of proposed development, and
• Must not be greater than necessary to mitigate impacts of proposed development.
Nexus study methodology
Because there must be a legal “nexus” or relationship between the linkage fee and the impact that a development
places on community needs for affordable housing, a nexus study is legally required to establish a maximum
supportable fee. As such, EPS performed the following tasks in conformance with national practices in conducting
a nexus study:
1. Calculate jobs by industry and wage level generated by both residential and commercial development.
a. This utilizes an economic impact model that quantifies jobs generated by new household spending (i.e.
residential development).
b. The model also quantifies the layers of direct, indirect and induced jobs generated by new commercial
development: jobs related to the space itself (direct); those that result from business-to-business
relationships (indirect), and jobs generated by spending of households related to direct and indirect jobs
(induced).
2. Estimate the number of households representing new jobs generated by either new residential or new
commercial development.
a. This calculation involved adjusting for multiple job-holdings and adjusting for multiple earners per
household (also using local data). These steps are necessary to avoid overestimating the impact of
development on affordable housing as there are often people with more than one job, and multiple
workers in a household.
b. Households were categorized by income level (e.g. 30, 60, 80 percent AMI), excluding any households
generated with incomes higher than 80 percent AMI.
3. Estimate the cost to build housing for these households, assumed to be a multifamily (apartment) prototype.
4. Establish a maximum supportable fee amount based on the difference (i.e. gap) between the cost of
construction and a target household’s ability to pay for housing (at the 30, 60, and 80 percent AMI
categories).
a. The maximum supportable fee is calculated as the aggregate gap divided by the total square feet in the
new residential or commercial development.
b. This establishes a per-square foot fee for each residential and commercial development prototype
identified.
5. Adopted fees cannot exceed these maximum supportable fees, but fees are often adopted as a lesser
amount.
a. Double-counting need for affordable housing mitigation must also be avoided when contemplating the
adoption of a residential and commercial fee, particularly as it relates to retail expenditures and their
impacts.
b. These fees are commonly set at 10% or less of the maximum supportable fee.
Linkage fees can apply to residential development, nonresidential development, or both. If linkages fees are
applied to both major land use types, it is strongly advised that the fees adopted are at a considerable discount
from the maximum fee calculated by the nexus Study to ensure that there is no double counting of impacts from
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residential and nonresidential development. In other words, a person living in a new home may also be working in
a new business subject to fees.
Results of nexus study: In EPS’s presentation of draft findings of the nexus study, the maximum supportable fees
were presented as based on the mitigation of affordable housing demand generated only up to 80 percent AMI
from new residential and commercial development. The following are maximum supportable fees:
• Residential
• Single-family: maximum supportable fee is $16.38 per square-foot.
• Townhome: maximum supportable fee is $17.14 per square-foot.
• Multifamily: maximum supportable fee ranges between $22.24 and $26.21 per square-foot depending
on project scale (i.e. 3- and 5-story projects, respectively).
• Weighted average of $21.15 per square foot.
• Commercial
• Office: maximum supportable fee is $7.86 per square-foot.
• Industrial: maximum supportable fee is $7.62 per square-foot.
• Restaurant: maximum supportable fee is $16.37 per square-foot.
• Retail: maximum supportable fee is $7.60 per square-foot.
• Hotel: maximum supportable fee is $3.27 per square-foot.
Revenue Yield
EPS prepared planning level revenue estimates for linkage fees as follows.
• Residential
o Growth Assumptions: 400 new single-family homes and 450 new multifamily units annually.
o Maximum fee: $27.2 million/year.
o 5% of maximum fee: $1.4 million/year
o 10% of maximum: $2.7 million/year
o 15% of maximum: $4.1 million/year
o Additional feasibility testing is needed to determine the impact of linkage fees at different levels
on the market.
• Nonresidential
o Growth Assumptions: 15,000 sq. ft./year retail; 25,000 sq. ft./year office; 25,000 sq. ft./year
industrial and flex.
o Maximum fee: $500,000/year
o 5% of maximum fee: $25,000/year
o 10% of maximum: $50,000/year
o 15% of maximum: $75,000/year
o Additional feasibility testing is needed to determine the impact of linkage fees at different levels
on the market.
Linkage Fees in other Communities
The linkage fees in a selection of other communities are summarized below. Denver adopted its fees at 6.6 to 8.1
percent of the maximum for residential, and 1.5 to 2.1 percent of the maximum for nonresidential. Boulder’s
maximum fees from its 2016 nexus study have been adopted at 22 to 23 percent of the maximum and are among
the highest in Colorado and represent a significant increase to construction costs. In Seattle, nonresidential
linkage fees were adopted at roughly 18 to 20 percent of the maximum.
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City Residential Non-Residential
Denver
Max $9.60-$19.44 $28.51-$83.02
Adopted $0.63-$1.57 $0.42-$1.78
% of Max 6.6%-8.1% 1.5%-2.1%
Boulder
Max N/A (IZ) $44.79-$129.49
Adopted N/A (IZ) $10.00-$30.00
% of Max 22%-23%
Lafayette
Max No nexus study completed
Adopted $0.60/SF Under consideration
Summit County $2.00 (excise tax) N/A
Seattle, WA
Max N/A (IZ) $45.30-$80.00
Adopted N/A (IZ) $8.00-$17.50
% of Max 17.7%-21.9%
Conclusion: The nexus analysis establishes the relationship between new development and the need for
affordable housing below 80 percent of AMI. If the maximum fee levels are adopted however, they could be
expected to have a negative impact on development in the City as it may be less costly to develop in neighboring
communities. In addition, the total impact fee “stack” in northeast Fort Collins is considerably higher than in
established areas of the City. However, staff does recommend continuing to evaluate the imposition of an
affordable housing impact fee in conjunction with the 2021 scheduled update of development impact fees. The
total impact fee levels would need to be considered with the potential affordable housing linkage fees. EPS
recommends conducting additional feasibility testing on linkage fees in conjunction with all other impact fees
imposed on either residential or commercial development for final calibration. Also, phasing in the fee can mitigate
negative affect on projects currently being developed.
Initial Stakeholder Feedback: In addition to the 4 Stakeholder meetings, EPS sent out a survey to stakeholders
and conducted multiple interviews with developers. The Stakeholders contributed to the following list, in no
particular order at their final meeting. Also attached are survey result and polling results as well as specific
feedback from multiple stakeholders individually and in groups. (Attachment 3 – Engagement packet).
• Affordable and attainable housing is a critical issue
• Stakeholders are committed to working with City to help find workable solutions and a broad range of
tools
• Frustrated with unrealistic timeline and focus on only two potential tools
• These two tools and associated data are complex; stakeholders cannot support at this time
• Cannot support impact fees:
o incomplete financial analysis which fails to account for all costs and externalities
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April 14, 2020 Page 13
o would result in unintended consequences
o lack of success stories from similar cities
• Punitive approach of shifting cost burden to developers would:
o result in less development (Economics 101)
o shift costs to market-units
o consequently, force more people to live outside city limits
o defeat the purpose
• City should also consider how to incentivize development of affordable housing
• Policy discussion should begin with agreement about city goals (what would success look like for Fort
Collins?) and consider wider context (current policy, design standards, fees and payment schedule, land
use & planning regulations - density, parking, height - and transportation impacts)
• Question how policy change would impact projects already committed to affordable housing and/or prior
agreements with developers?
• Particular concern about NE Fort Collins (fees already higher)
• Commercial impact fee does not appear worthwhile
Health Impact Assessment of Inclusionary Housing Ordinance and Impact Fee policies:
Larimer County Department of Health and Environment (LCDHE), in partnership with the City of Fort Collins
Home2Health grant, conducted a Health Impact Assessment (HIA) on two policies: Impact fees and Inclusionary
Housing. This was done as a parallel process to the Inclusionary Housing and Impact Fee study done by EPS.
Housing and Health
Research shows that housing is a key factor of good health; health is influenced by housing affordability, safety
and quality, stability, and by neighborhood quality.
HIA Recommendations
As a result of the HIA process, below are recommendations for Inclusionary Housing and Impact Fees:
• To increase affordable housing options, implement variation of inclusionary housing and impact fees as
recommended by EPS, City Staff, City Council, and stakeholders
• Utilize Impact Fees and/or inclusionary housing as a way to leverage and/or establish funding sources to
increase development of future affordable housing, including the Land Bank Program, community land trusts,
and/or funding of supportive housing services and programs
• If implemented, combine the use of Impact Fee and/or Inclusionary Housing with other developer incentives
(like upzoning or density bonuses) to locate affordable housing close to community amenities and within a
quarter mile of transit.
• In order to grow the range of policy options available for affordable housing development, align the review of
Impact Fees and Inclusionary Housing with other strategic planning efforts, including the Affordable Housing
Strategic Plan.
Process and Summary
To create the recommendations, LCDHE conducted a Health Impact Assessment (HIA). A Health Impact
Assessment (HIA) is a standardized practice that aims to protect and promote health and reduce inequities in
health during a decision-making process. The HIA provides recommendations to mitigate the health effects of a
policy, program, or process. HIA is a combination of procedures, methods, and tools that systematically judges
the intentional and unintentional effects that a program, plan, or policy has on the health of a population and the
distribution of those effects. LCDHE followed a standardized 6 step HIA process, which included reviewing
research and published literature on the topic, creating a community engagement plan, disseminating
a community questionnaire, reviewing health and housing data, and receiving input from a highly
qualified Advisory Committee.
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It was identified through LCDHE's HIA process:
1. Research shows that housing influences health outcomes and that affordable housing positively impacts
health.
2. The research is unclear about the direct link of Impact Fees and Inclusionary Housing on health. These
policies are implemented differently across the nation, so there is limited research and evidence
showing these policies are successful at mitigating negative health impacts that are associated with housing
that is too expensive, low quality, unstable, or in poorer quality neighborhoods.
3. Based on our questionnaire, it is difficult for low-income individuals in Fort Collins to find housing that is within
their budget (rent or purchase).
Goals of HIA
A key process of the HIA is to appropriately scope the HIA through the creation of goals. The goal of this HIA was
to:
• Identify health impacts (unintended and intended) of inclusionary housing and impact fees
• Provide recommendations on how to best implement the two policies, based on health impacts
Literature Review
LCDHE staff reviewed 50 best practices and peer reviewed articles which identified that health is impacted by
housing; however, there is inconclusive evidence to define the relationship between health and the explored
policies, inclusionary housing and impact fees.
Questionnaire
LCDHE staff created a questionnaire hosted on the Our City website that received 115 responses; 60% were
completed in Spanish. From the questionnaire it was determined that many residents feel like their health is
impacted by their inability to find affordable rental or ownership opportunities.
Advisory Committee
LCDHE facilitated an HIA advisory committee to provide feedback, review of community engagement plan,
reviewed questionnaire, and to provide feedback on the recommendations included above.
Report
Final HIA report will be made available in May.
ATTACHMENTS
1. Housing Plan Examples (PDF)
2. 2020 HBA Participating Lender Questionnaire Results (PDF)
3. Engagement Feedback Packet (PDF)
4. Powerpoint presentation (PDF)
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Packet Pg. 17
Where? Plan Name Scope of Plan How often
updated
Populations covered
Fort Collins,
CO
Affordable Housing
Strategic Plan (2015)
Targets affordable housing only Every 5 years 80% AMI and below
Atlanta, GA Housing Affordability
Action Plan (2020)
Creation/Preservation of 20,000
affordable homes by 2026
6 year goal
(2026)
Up to 120%, focus
on 60% and below
Greeley,CO Strategic Housing Plan
(2018-2019)
Diversify housing types and
increase housing affordability
5 year housing
target (2024)
Households
between 80% and
120% of AMI
Boulder
County, CO
Regional Housing
Strategy (2017)
Housing Boulder Action Plan
(2019/2020) follows Regional
Housing Implementation
Strategy. Focuses on acquisition,
redevelopment and new
construction of affordable
housing.
15 year goal
(2035)
12% of housing
achieve affordable
housing standards.
Boulder, CO Middle Income
Housing Strategy
(2016)
Create/Preserve 3,500 middle
income homes (15% Affordable
Housing goal)
14 year goal
(2030)
Residents making
between 80% to
150% of Boulders
AMI
Denver, CO Housing an Inclusive
Denver (2018)
Targets affordable housing only 5 year housing
target (2023)
40-50% for
Populations 30%
below AMI, 20-25%
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Attachment: 2020 HBA Participating Lender Questionnaire Results (8923 : Affordable Housing Priorities)
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2.2
Packet Pg. 21
Attachment: 2020 HBA Participating Lender Questionnaire Results (8923 : Affordable Housing Priorities)
Public Engagement Packet
Table of Contents:
1. Economics & Planning Systems Stakeholder Survey Results
2. Results from Polling at 3rd Stakeholder meeting
3. Compilation of messages from 4th Stakeholder meeting
4. Comments from Fort Collins Chamber of Commerce
5. Comments from the Home Builders Association
6. Comments from Bill Swalling
Materials based on targeted Stakeholder engagement largely consisting of 4 Stakeholder meetings
conducted between January and March 2020.
Stakeholders from the following organizations were invited to participate:
Banner Health
Bohemian
Brinkman
CARE Housing
CBRE (Commercial Real Estate)
Fort Collins Chamber of Commerce
Community Foundation
Colorado State University
Downtown Development Authority
Neighbor to Neighbor
Colorado Division of Housing
Elevations Community Land Trust
Fort Collins Board of Realtors
Hartford Homes
Home Builders Association
Housing Catalyst
Impact Development Fund
Larimer County (Economic Development, Health Department and Housing Work Group representatives)
MAVD – Harmony Technology Park
Montava Developer
Neenan Archistruction
Poudre School District
Ripley Design
2.3
Packet Pg. 23
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#1 Economics & Planning Systems Stakeholder Survey Results
2.3
Packet Pg. 24
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 25
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 26
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#2 Results from Polling at 3rd Stakeholder meeting
A total of 13 questions was asked of participants and they responded using smart devices. Following is a
transcript of the responses submitted to the questions asked.
1. Which category best describes your perspective? 14 people responded as follows.
Response options Count Percentage
Builder/developer 2 14%
Affordable housing developer/provider 1 7%
Real estate 2 14%
Business/economic development 1 7%
State or local government 3 21%
Philanthropy/non-profit 3 21%
None of the above 3 14%
2. EPS shared their research into Affordable Housing Linkage Fees and how they would work in Fort
Collins. What is your reaction? 15 people responded as follows.
Response options Count Percentage
I understand and agree with their research 3 2%
I don’t understand their research well
enough to agree or disagree
12 80%
I understand and disagree with their
research
0 0%
3. What additional information about Affordable Housing Linkage Fees do you need to help you
understand EPS's conclusions and/or recommendations? The following responses were submitted:
• Research data which shows that the implementation of increasing fees actually provides
significant housing ownership in the AMI categories
• More time is needed to better understand and interpret the information to make an informed
decision.
• The potential negative impacts does not indicate a viable solution with IZ and LF
• What has been done in other communities that would be considered "successful"?
• Broaden the scope
• I would like to understand the impact on other segments of the economy. How many people will
be negatively impacted by this. Who will be negatively impacted?
• Case studies
• Add more information about decision thresholds from other communities to presentations
• How it relates to additional housing affordability tools relative to overall housing system, not
just a specific project
• Would like more real examples from our local economic conditions.
• More case studies. Understand the other impacts as a result of the fee.
2.3
Packet Pg. 27
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
• Greater understanding of methodology. Impacts across housing spectrum. Impacts to
commercial development
• More details. Digging in. How are people living outside community contributing?
• Examples from other municipalities
4. Looking at the potential configuration of a linkage fee, what is your initial reaction? 15 people
responded as follows.
Response options Count Percentage
Support 1 7%
Oppose 13 87%
Don’t understand 1 7%
5. If Fort Collins moves forward with a Linkage Fee, which option is most appropriate in your
opinion? 15 people responded as follows.
Response options Count Percentage
Residential only 2 13%
Commercial only 1 7%
Both 1 7%
Neither 11 73%
6. If Fort Collins moves forward with a Linkage Fee, which of the phasing options are most important
from your perspective? 5 people responded as follows.
Response options Count Percentage
Adopt a lower fee than maximum
supportable
2 13%
Phase in fee over time 3 7%
Adopt maximum supportable 0 7%
7. EPS shared their research into Inclusionary Zoning and how it would work in Fort Collins. What is
your reaction? 15 people responded as follows.
Response options Count Percentage
I understand and agree with their research 3 20%
I don’t understand their research well
enough to agree or disagree
12 80%
I understand and disagree with their
research
0 0%
8. What additional information about Inclusionary Zoning do you need to help you understand EPS's
conclusions and/or recommendation? The following responses were submitted:
• Research data which shows the implementation of IZ would provide significant benefits of
increasing home ownership in the AMI categories
2.3
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Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
• More data from peer cities to the negative impact caused by IZ. Also, a true unit achieved goal
with data to support.
• What is the Council's expected outcome/impact for this vs what's realistically achievable given
the current market and what can be developed?
• More context. More comp case studies
• I don't need any additional information. I strongly disagree with inclusionary zoning
• Examples where it has worked with great success.
• How it relates to additional housing affordability tools relative to overall housing system, not
just a specific project
• Need to see acknowledgement that existing zoning already allows generous densities, i.e. LMN
& MMN & Downtown.
• The unintended consequences. How many units get built in successful cities
• Methodologies and assumptions. Impacts across housing spectrum. What, if any beneficial
impacts have been demonstrated in other markets
• What zoning within the City would need to change?
• Everywhere it has worked, and define "worked".
• Other municipal examples in detail. What have been the results in market rate home prices and
affordability increase
9. Looking at the potential configuration of an Inclusionary Zoning policy for single family and
townhomes, what is your initial reaction? 14 people responded as follows.
Response options Count Percentage
Support 1 7%
Oppose 12 79%
Don’t understand 2 14%
10. If Fort Collins moves forward with inclusionary zoning, which of the phasing options are most
important from your perspective? 9 people responded as follows.
Response options Count Percentage
Policy applies to projects over a certain size
initially
2 22%
Grandfathering projects in the pipeline for a
period of time
2 22%
Exempt the first SS units from the policy for a
period of time
0 0%
Establish the sale (mandatory) policy first 0 0%
Establish the rental (voluntary) policy first 3 33%
Start with a smaller fee in lieu and phase in
over time
2 22%
11. In your opinion how much support or interest is there on the part of buyers/renters for additional
density (plus 10-20%) in Fort Collins? 8 people responded as follows.
Response options Count Percentage
2.3
Packet Pg. 29
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
Response options Count Percentage
Complete support 2 25%
Moderate support 4 50%
Neutral 1 13%
Moderate opposition 0 0%
Complete opposition 1 13%
12. What other policy options should the City of Fort Collins explore to add affordable housing
options? The following responses were submitted:
• Expanding funding sources, opening up the possibility to expand opportunity zones, density
consideration
• Occupancy limit elimination. Adjust fee stack allocation. Tiered water tap fees
• Prioritize empty nester housing, update city plan to relax regulations for townhouse and condos.
Look at reducing fees and other costs including water
• Unit size reduction
• ¼ cent sales tax
• Annex more land within GMA (northwest fc, for example). Expand land bank program. Raise
sales tax. Raise mill levy.
• Increased fee reductions. Expand funding sources
• Cost drivers, including all zoning, design standards, impact fees, certainty of policy allowances,
etc. Voluntary participation
• Land use code audit
• Sales tax. Property tax. Accessory dwelling units
• Significant fee reduction for affordable. Relaxing of land use codes for affordable projects.
Expectations for the Fourth Meeting
A final question in the polling asked participants about their expectations for the 4th meeting, scheduled
for March 16, 2020.
13. What should the 4th (final) meeting be designed to accomplish? The following responses were
submitted:
• Fully understand council presentation
• Big effing ordeal
• Development of other tools for council to consider at work sessions
• For example, if EPS was presenting at a professional conference and giving advice to participants
what would they advise as the ideal scope of services.
2.3
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Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#3 Compilation of messages from 4th Stakeholder meeting
Other Policy Options the Stakeholder Group would like the City to
Consider in Moving Forward with its Affordable Housing Strategic
Plan
The following ideas were submitted by individual members of the Affordable Housing Policy
Stakeholder Group during and following the March 16, 2020 meeting. They were not approved
by the group as a whole and each submission reflects the views of the individual who submitted
them.
Contents
Other Policy Options the Stakeholder Group would like the City to Consider in Moving Forward with its
Affordable Housing Strategic Plan ................................................................................................................ 9
Submitted by Sam Coutts at the meeting ................................................................................................. 9
Submitted by Kelly Evans, Executive Director, Neighbor to Neighbor via email ...................................... 9
Submitted by Jennifer Fairman via email ............................................................................................... 10
Submitted by Ann Hutchison, Executive Vice President, Fort Collins Chamber of Commerce via email
................................................................................................................................................................ 11
Submitted by Max Moss, Montava Development via email ................................................................... 12
Submitted by Matt Roebenalt via email ................................................................................................. 12
Submitted by Bill Swalling (at the meeting) ............................................................................................ 12
Submitted by Sam Counts at the meeting
• Provide real incentives for building height and parking
Submitted by Kelly Evans, Executive Director, Neighbor to Neighbor via email
• It’s important to gather recommendations on all possible solutions to positively impact
our affordable housing crisis, as singling out two policies for review will not suffice.
• Additional suggestions like addressing density limits and building incentives have been
recommended by the developers in our community for years.
• Our occupancy limit of 2+you is overly conservative. It would be encouraging to be able
to move to a more typical 4-person occupancy standard for communities our size.
• While Inclusionary Housing does increase costs, it would seem there are variables in
how it’s implemented that could make some level of implementation a success without
being really extreme and increasing the missing middle gap.
• The slides Sue showed to the stakeholders showed limited impact of 25-50 units per
year from implementation of this policy, so I agree with the staff’s recommendation to
2.3
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Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
pass. https://www.citylab.com/equity/2016/06/what-we-know-about-inclusionary-
zoning-thus-far/485072/
• Not ensuring balanced housing access across income levels is truly exclusionary housing,
demonstrated by our current market with 5% affordability and 17% poverty. It would
seem this could also be addressed by approving/prioritizing/incentivizing affordable
development proposals to keep affordable inventory in balance with market and luxury
development. We need to implement multiple solutions in order to really be
successful.
• We should consider policies that incentivize affordable development to achieve balance
for all income levels. Reducing fees and expediting the approval process for affordable
developments are strategies sure to receive support.
• Giving priority to proposals form local developers will keep the investment in affordable
housing local. I recommend setting a priority to keep the developer fee of affordable
developments with local organizations to preserve the longterm investment and
support future development.
• Linkage fees – $25-$50,000/yr from commercial linkage fees is not worth it but $1.4-
$1.7million in annual revenue from residential linkage fees may very well be worth it if
the fees were limited and paired with many other solutions.
• Water - Tiered tap fees would allow for tap and impact fees to be tiered based on unit
type – single family, ADU, duplex, multi-family, etc - Currently the tap fee per unit does
not differentiate between all of the different unit types. ADU should not have to pay
the same tap fee as a single-family home, for example.
-Recalculate water usage assumption for housing types based upon actual usage, plus a
more reasonable slip factor. Tap fees would then be based upon a more realistic
projection of impact.
• Higher density allowances – especially in LMN parcels, changes to energy requirements,
and zoning standards/neighborhood requirements are all needed along with other
policies.
• Increase LMI zoning and increase the density bonus from 12-20. Housing Catalyst is the
Submitted by Jennifer Fairman via email
Can you please be sure to note that my comments are NOT the official position of Larimer
County, but rather as a workgroup participant?
That being said, a few other policies the City could evaluate include:
• Eliminating the "you plus two" policy
(https://www.fcgov.com/neighborhoodservices/occupancy)
• Restructuring rules for ADU's to something less restrictive such as what the City of
Windsor has done
• Enforcing stricter rules for water-friendly landscaping for new developments, both
commercial and residential
2.3
Packet Pg. 32
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
• I anticipate that the City will be doing a complete review of all land use codes and
building regulations as part of their comprehensive housing strategy to identify what
could be modified to incent development of smaller homes. The City of Berthoud and
the Mission Homes project is a good case for them to review as an example.
Submitted by Ann Hutchison, Executive Vice President, Fort Collins Chamber of
Commerce via email
Areas of Opportunity Toward A More Balanced Fort Collins Housing Inventory
• Increase base density and provide density bonus. Increase density allowance under all
zoning designations.
o Reconsider U+2
o Education on density
o Review Actual Zones
o City should look at self-insuring to reduce condo development risk.
• Provide relief from certain development standards
o Height
o Setbacks
o Parking
o number of units per building
o Low Impact Development (LID)
o Poudre Fire Authority Requirements
o others that the City would be willing to offer
• Expand fee waivers and reconsider the city policy that backfills fee waivers.
• Delay fee payments – Don’t pay sales tax at the front end.
• Water
o Tiered tap fees based on unit type
Tiered tap fees would allow for tap and impact fees to be tiered based on unit type –
single family, ADU, duplex, multi-family, etc - Currently the tap fee per unit does not
differentiate between all of the different unit types. ADU should not have to pay the
same tap fee as a single-family home, for example.
o Recalculate water usage assumption for housing types based upon actual usage, plus
a more reasonable slip factor. Tap fees would then be based upon a more realistic
projection of impact.
o Alignment with districts in the growth management area.
• Impact fees based on unit type
• Increase priority of general fund allocations to housing through BFO process.
• Acquiring more data through broader analysis:
o Initiate cost-benefit analysis of zoning and code requirements
o Initiate analysis of impact fees through the lens of affordability and inclusiveness
o Moratorium on any new fees or escalations until completion of the impact analysis
o Create and rely on a broader housing strategic plan.
o Do a GAPS analysis to determine what dials are best to turn.
2.3
Packet Pg. 33
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
o Do an analysis on the remaining land mass in the growth management area and
opportunities created.
o Do analysis of rent versus sale permits over the last 5 years.
Submitted by Max Moss, Montava Development via email
o Balanced funding source that reflects the same community wide impact of Natural
Areas.
o This balanced funding source would reflect the impact of everyone impacting the
community, residents and non-residents alike.
Submitted by Matt Roebenalt via email
• The September 14, 2014 EPS Report: Fort Collins Housing Affordability Policy
Study highlighted an array of Recommendations in Chapter 5.0 that represent
policy solutions that were deemed feasible and could meet local objectives if tailored to
local and regional conditions, the regulatory and political environment, and achieve
balance with the requirements of a policy tool with the positive impacts to address
housing issues.
• The 2014 Report also identified policy tools that were not recommended as they lacked
sufficient support at that time. Among those were IHO.
• The City should strongly consider next steps to include a more comprehensively scoped
discussion that takes into account the variety of tools presented in the 2014 report
again (less IHO) for compatibility and balance with the Fort Collins community's needs
and ability to positively influence an outcome, and any new tools that were not
available in 2014.
• The City should report on what has been implemented from the 2014 list of report
recommendations, the status and effectiveness of the program tools to date.
Submitted by Bill Swalling (at the meeting)
• Prioritize appropriate housing for 55+ by charging fees for water and sewer
• Expedite the updating of City Plan focusing on affordable housing forms as well as
condos
• Lobby harder for construction defect regulation relief
• Form public-private partnership to tackle this issue
2.3
Packet Pg. 34
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#4 Comments from Fort Collins Chamber of Commerce
2.3
Packet Pg. 35
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 36
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 37
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 38
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#5 Comments from the Home Builders Association
2.3
Packet Pg. 39
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 40
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
2.3
Packet Pg. 41
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
#6 Comments from Bill Swalling
Bill Swalling 3/17/2020
TOPIC: HOW TO IMPROVE FORT COLLINS HOUSING AFFORDABILITY
POLICY RECOMMENDATIONS
1. Develop a simple model to prepare a triple bottom line [sustainability (environmental, social)
economic and connections] assessment. Two common models are Maslow’s Hierarchy of Need
for sustainability (social, environmental) and connections and Macroeconomics 101, pure
competition, for this recommendation. This suggestion is used for two alternative policy
proposals below (2&3).
2. a) Inclusionary Zoning
b) Affordable Housing Linkage Fees
Macro Economics 101: The supply curve shifts up and to the left and will result in less
housing at a higher price.
Inclusionary Zoning
Increase Fees
Sustainability Economic Connections
Model Maslow’s Hierarchy of
Need
Pure Competition
Econ 101
Maslow’s Hierarchy of
Need
Social: see connections FoCo Businesses Loneliness
Environmental Home Builders Family
Water Citizens Friends
Air Nature
Food Parks
Shelter Schools
Price
Quantity
S 2020 + fee + inclusionary zoning
S 2020
D 2020
2.3
Packet Pg. 42
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
55+ Business
GenX Community
Millennial CSU
Challenged
Lottery winners
Others will move into
challenged.
Challenged who do not
get selected.
3. Increase supply of housing
a. Increase the supply of used housing by giving 55+ housing a priority
i. Fees, etc.
b. Regulation
c. Interest costs
Macro Economics 101: The supply curve shifts down and to the right and will result in
more housing at a lower price.
Sustainability Economic Connections
(Social Sustainability)
Model Maslow’s Hierarchy of
Need
Pure Competition
Econ 101
Maslow’s Hierarchy of
Need
Social: see connections FoCo Businesses Loneliness
Environmental Home Builders Family
Water Citizens Friends
Air Nature
Food Parks
Shelter Schools
55+ Business
Stop Go Caution
Price
D 2020
S 2020
S 2020 + empty nester
house free up
2.3
Packet Pg. 43
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
GenX Community
Millennial CSU
Challenged
4. Expedite the updating of City Plan and focus on:
a. Affordable housing forms for
i. Seniors
b. Affordable housing forms:
i. Condos
ii. Apartments
iii. Townhomes
c. Improving:
i. Affordability
ii. Processing time
iii. Appeals
d. Waters’ Edge example
5. Lobby harder? for construction defect regulation
6. Private Public Partnership to address Affordable Housing
https://uli.org/wp-content/uploads/ULI-Documents/Successful-Public-Private-Partnerships.pdf
Stop Go Caution
2.3
Packet Pg. 44
Attachment: Engagement Feedback Packet (8923 : Affordable Housing Priorities)
April 14, 2020
Affordable Housing Priorities
Sue Beck-Ferkiss and Tom Leeson
2.4
Packet Pg. 45
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Questions for Consideration
2
1. Do Councilmembers have guidance on the scope for the
update of the Affordable Housing Strategic Plan?
2. Do Councilmembers agree with staff’s recommended
approach to Inclusionary Housing?
3. Do Councilmembers want to continue to pursue an
Affordable Housing Impact Fee?
2.4
Packet Pg. 46
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Strategic Alignment
3
Affordable Housing
Council Priority
City Plan, SSD
Strategic Plan,
City Strategic Plan
Affordable Housing
Strategic Plan
Neighborhood Livability &
Social Health 1.1 and 1.3
Budget
$75,000 Interim BFO
$60,000 Home2Health
2.4
Packet Pg. 47
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Affordable Housing Goals
4
2.4
Packet Pg. 48
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Housing Attainability Fundamentals
5
Median Home Price
Median Income of a Family of 4
Median Income of All Households
2.4
Packet Pg. 49
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
6
Housing Affordability Along
the Income Spectrum
AMI 0%
Below 80% AMI is City’s
Definition of Affordable Housing
80%
$69.7K/yr
100% 200%
$87.2K/yr
120%
$105K/yr
$415K
Market Housing
Purchase Price $320K
Goal is defined by AHSP
(188-228 units/year)
Fewer attainable options are
available to the “Missing Middle”
Goal is harder to define & City influence
may be outweighed by market forces
2.4
Packet Pg. 50
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
City Actions
Housing Affordability Policy Study
2014 - 2019
Minimum house size
Waiver eligibility
Land Bank
Incentive Policy
Affordable Housing
Capital Fund (CCIP)
Council Priorities
2019
Manufactured Housing
Impact Fee/ Inclusionary
Housing Study
Appropriation for Land Bank
purchase
Home2Health
Mason Place
Affordable Home Ownership
Committee
Next Steps
2020+
AHSP update
Buy and Sell Land Bank
parcels
Housing Manager
Fee Waiver Process
Improvements
Ad Hoc Council
Committee
7
2.4
Packet Pg. 51
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Council Direction from October 15, 2019 Work Session
Council requested information on 4 items:
1. Homebuyer’s Assistance Program
2. Update on Elevation Community Land Trust partnership
3. Inclusionary Housing Feasibility Study
4. Impact Fee Nexus Study
8
These opportunities can also be explored further in next Housing
Strategic plan
2.4
Packet Pg. 52
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
City Administered HBA Program
9
• Established in 1995 to use
HUD funds
• 1,175 households assisted
• Deployments slowing due to
increase in market prices
• Other assistance programs for
qualified buyers are available
0
2
4
6
8
10
12
14
16
18
20
2012 2013 2014 2015 2016 2017 2018 2019
HBA Deployed per Year
Recommendation: Reposition current funding into competitive process
2.4
Packet Pg. 53
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Supporting Affordable Home Ownership
• Non-City Down Payment Assistance
City Mechanisms:
• Land Bank Program
• Competitive Process Funding
• Metropolitan Districts – special taxing districts
• Community Land Trusts
10
2.4
Packet Pg. 54
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Elevation Community Land Trust
• Formalized partnership in 2019
• Separates ownership of land from home creating affordable
homeownership
• Steward the houses and relationships in perpetuity
• Current Fort Collins projects
• 44 Housing Catalyst homes
• 60 homes on Kechter Land Bank parcel
11
2.4
Packet Pg. 55
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Inclusionary Housing
All new communities include some affordable housing
• Land use regulation
• Alternative satisfaction: fee in-lieu, land dedication
• Only applies to homeownership
12
2.4
Packet Pg. 56
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Inclusionary Housing Considerations
Conditions required for success:
• High Density for sale development (3-5+ story condos)
• Market must exist for many housing types
• Significant differentiation between market rate and restricted housing
prices
• Constrained market
Possible consequences:
• Negative impact to land values
• Limited developer profit
• Cost shifting to market-rate units
• Heavy administrative burden
2.4
Packet Pg. 57
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Inclusionary Housing Feasibility in Fort Collins
Inclusionary Housing Feasible for:
• Single family and townhomes only
• Set aside range from 5-15%
• Requires 20% more density than status-quo
Estimate yield:
• 25-50 units per year
Questionable viability for Inclusionary Housing in Fort Collins 14
2.4
Packet Pg. 58
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Impact Fee
Generates revenues for Affordable Housing to mitigate impact of new
development
• Can be commercial or residential linkage fee
• Fees must have established nexus
• Can apply to rental or ownership
15
2.4
Packet Pg. 59
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Impact Fees Considerations
Conditions required for success:
• Established nexus for residential
or commercial
• Amount calibrated to avoid
disrupting new development
• Pipeline of new development
Possible Consequences:
• Adds cost to development
16
City Residential Non-Residential
Denver
Boulder
Lafayette
Summit County
Seattle (WA)
2.4
Packet Pg. 60
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Impact Fee Feasibility in Fort Collins
Impact Fee Feasibility:
• Nexus established for new commercial and residential development
• Ability to calibrate fees specific to commercial and residential
• Legal to charge up to 100%
Estimate yield dependent on level:
• 5-10% yields $1.4M to $2.7M for residential annually
• 5-10% yields $25K to $50K for commercial annually
17
Meets initial requirements for success. Recommend exploring in context of
all development fees
2.4
Packet Pg. 61
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Stakeholders - Organizations invited to participate
• Banner Health
• Bohemian
•Brinkman
• CARE Housing
• CBRE (Commercial Real Estate)
• Chamber of Commerce
• Community Foundation
• Colorado State University
• Downtown Development Authority
• Neighbor to Neighbor
• Colorado Division of Housing
• Elevations Community Land Trust
• Fort Collins Board of Realtors
• Hartford Homes
• Home Builders Association
• Housing Catalyst
• Impact Development Fund
• Larimer County (3 Departments)
• MAVD – Harmony Technology Park
• Montava Developer
• Neenan Archistruction
• Poudre School District
• Ripley Design
18
2.4
Packet Pg. 62
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Stakeholder Feedback
Affordable and attainable housing is a critical
issue
Stakeholders are committed to working with City
to help find workable solutions and a broad
range of tools
Frustrated with unrealistic timeline and focus
on only two potential tools
City should also consider how to incentivize
development of affordable housing
Policy discussion should begin with
agreement about city goals and consider
wider context
Question how policy change would impact
projects already committed to affordable housing
and/or prior agreements with developers?
These two tools and associated data are
complex; stakeholders cannot support at this
time
Cannot support impact fees:
• incomplete financial analysis which fails to
account for all costs & externalities
• would result in unintended consequences
• lack of success stories from similar cities
Punitive approach of shifting cost burden:
• result in less development (Economics 101)
• shift costs to market-units
• force more people to live outside city limits
Particular concern about NE Fort Collins (fees
already higher)
19
2.4
Packet Pg. 63
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Planning Journey
March/April
2020
• Two Council
Priority Work
Sessions
• Housing Manager
•Ad Hoc
committee
• Home2Health
August
2020
• Work Session for
AHSP
• Deadline for
Moratorium
December
2020
• Status Report
and/or Draft Plan
20
2.4
Packet Pg. 64
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Housing Plan Options
Historically, City used Affordable Housing Strategic Plans
• Targeting Lowest Wage Earners – market could not provide options
• 5-year planning cadence
Examples:
• Plan for Low Income segment
• Separate plan for middle earners (Boulder)
• Entire housing spectrum (Greeley)
• Innovative new approach (Wilsonville, Ore.)
Opportunity to open scope and timing of plan 21
2.4
Packet Pg. 65
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Summary of Policy Considerations
Inclusionary Housing
Impact Fee
Scope of Affordable Housing Strategic Plan
22
2.4
Packet Pg. 66
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
Questions for Consideration
23
1. Do Councilmembers have guidance on the scope for the
update of the Affordable Housing Strategic Plan?
2. Do Councilmembers agree with staff’s recommended
approach to Inclusionary Housing?
3. Do Councilmembers want to continue to pursue an
Affordable Housing Impact Fee?
2.4
Packet Pg. 67
Attachment: Powerpoint presentation (8923 : Affordable Housing Priorities)
DATE:
STAFF:
April 14, 2020
Beth Sowder, Director of Social Sustainability
Jeff Mihelich, Deputy City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Update on Homeward 2020 and Initiatives Affecting Persons Experiencing Homelessness
EXECUTIVE SUMMARY
The purpose of this item is to provide an update on the wrap up of Homeward 2020, to report out on initiatives
aimed at homelessness remediation and to discuss community plans for moving forward. Additional update on
homelessness response to COVID-19 will be included.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
This is a general update. No direction is sought from Council at this time.
BACKGROUND / DISCUSSION
Homeward 2020 is a collaborative, strategic think-tank guiding implementation of Fort Collins’ 10-Year Plan to
Make Homelessness Rare, Short-Lived and Non-Recurring by setting priorities, developing alignment and action
plans, and suggesting policy. Together, the community is making progress by using best practices and
strengthening coordinated responses to end homelessness.
The City of Fort Collins was a catalyzing partner from the very beginning when the concept of Homeward 2020
was conceived from early conversations that emerged from the UniverCity Connections convenings. The City
was a thought partner as well as funding partner and has been actively involved with the work of Homeward 2020
throughout its journey. There is clear strategic alignment of this work with City Council priorities related to
affordable and accessible housing, City Plan, Social Sustainability Department Strategic Plan, Affordable Housing
Strategic Plan, and the City’s Strategic Objective to make homelessness rare, short-lived, and non-recurring.
Homeward 2020 has maintained a persistent vision for Fort Collins stating that together, Fort Collins will make
homelessness rare, short-lived and non-recurring in the community. This vision and disciplined attention on the
issue of homelessness has defined a decade of work and continues to carry forward into a shared future.
Homelessness is fundamentally a social and economic justice issue. Homelessness solutions will continue to be a
necessary priority in social policy and community development in Fort Collins throughout the coming years.
Decisive leadership and multi-sector cooperation must overcome significant system failures, lack of affordable
housing, and inequities that have left our communities’ most vulnerable people in housing insecurity, economic
vulnerability, and healthcare crisis. Ending homelessness not only improves individual and community health, but
there is also a strong economic case to provide more assistance to people experiencing homelessness. Most
importantly, this community can yield life-changing results and opportunities for all when focused on ending
homelessness.
Solving Homelessness Together
Ending homelessness takes leadership, collaboration and coordination among multiple state and local programs
to align resources for adequate, affordable housing and supportive services. An end to homelessness (also
known across the country as “functional zero” means every community will have a comprehensive response in
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April 14, 2020 Page 2
place that ensures homelessness is prevented whenever possible, or if it can’t be prevented, it is a rare, short-
lived, and non-recurring experience.
• Making homelessness rare means reducing the numbers of all people experiencing homelessness by
strengthening household stability and access to affordable housing.
• Making homelessness short-lived means implementing effective and efficient re-housing services to make
experiences with homelessness the least traumatizing and short as possible.
• Making homelessness non-recurring means ensuring affordable housing and supportive services are in
place to restore housing security for everyone in Fort Collins.
Homeward 2020 leads the community in a ‘housing first’ orientation. Housing First is an approach that offers
permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and
then provides the supportive services and connections to the community-based supports people need to keep
their housing and avoid returning to homelessness.
Homeward 2020 Projects and Leadership
The City of Fort Collins maintains a Memorandum of Understanding with Homeward 2020, pointing to the
organization’s role in strategic planning, policy and facilitation of leadership pertaining to homelessness solutions.
Homeward 2020 convenes a multi-sector Community Collaborative of leaders who bring a range of professional,
civic and life experience to their passion for Homeward 2020’s vision, strategies and success and assist in
facilitating implementation of the 10-Year Plan.
Community Collaborative Members
Christine Kneeland | Community Member, Chair, Founding Member
Dave Edwards | Community Member, Co-Chair, Founding Member
Annie Davies | President and CEO, United Way of Larimer County
Joe Domko | Executive Director, Catholic Charities, Larimer County Region
Kelly Evans | Executive Director, Neighbor to Neighbor
Seth Forwood | Director, Harvest Farms
Diane Jones | Former City of Fort Collins Deputy City Manager, Community Member
Steve Kuehneman| Executive Director, Care Housing
Bill Kneeland | Attorney, Founding Member
Jacqueline Kozak-Thiel | Chief Sustainability Officer, City of Fort Collins
Stephanie Madsen-Pixler | Director Community Based Services, SummitStone Health Partners
Carol Plock | Executive Director, Health District of Northern Colorado
Lisa Poppaw | Executive Director, Crossroads Safehouse
Matt Robenalt | Executive Director, Downtown Development Authority
David Rout | Executive Director, Homeward Alliance
Justin Smith | Larimer County Sheriff
Nicole Staudinger | First Bank President, Northern Colorado
Jeff Swoboda | Police Chief, Fort Collins Police Services
Cheryl Zimlich | Executive Director, Bohemian Foundation, Founding Member
Final Phase of the Community 10-Year Plan
The 2018-2020 update of the 10-Year Plan adopted by the Community Collaborative broadly outlined community-
wide strategies and activities the Homeward 2020 Director, multi-sector stakeholders, work groups, and the
Homeward 2020 Community Collaborative focused on in the final phase of the 10-Year Plan.
3
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April 14, 2020 Page 3
Priorities included:
• Data development and reporting to improve understanding and outcomes
• Efficient and effective housing and support solutions
• Building capacity and planning for a sustainable, responsive system
Outcomes and deliverables included:
• Developed a public dashboard and reporting process to improve understanding and outcomes
• Applied evidence-based best-practices to address chronic and complex homelessness
• Built capacity for a sustainable, responsive system
• Strengthened relationships with landlords, justice system and healthcare systems to assist with targeted
outcomes
• Convened learning events and discussions for multi-sector stakeholders, partners, community groups and
general public
• Augmented a regional approach through creation of a Northern Colorado Continuum of Care
The Homeward 2020 Director also currently convenes several work groups looking at priority gaps and
developing recommendations. These work groups focus on the following:
Leadership Development for People with Lived Experience/Expertise
Healthcare Coordination and Access for People Experiencing Homelessness
Shelter, Housing and Supportive Services for Youth and Young Adults
Acquisitions for Program Housing: Hotel/Motel Conversions
Funding Alignment for System Capacity Building
Landlord Engagement and Partnerships
The Homeward 2020 Director, Holly LeMasurier, also participates in several community-wide, multi sector groups
and partnership projects providing management and leadership, including:
Northern Colorado Continuum of Care
City Manager’s Homelessness Services and Housing Opportunities Advisory Group
Mental Health and Substance Use Alliance of Larimer County
Housing First Initiative - HW2020 in partnership with Homeward Alliance
FUSE Demonstration Project - HW2020 in partnership with Health District of Northern Larimer County
Built for Zero Project - HW2020 in partnership with the Northern Colorado continuum of Care
Regional Healthcare Summit for People Experiencing Homelessness - in partnership with Kaiser
Permanente
COVID-19 Response
Homeward 2020 Director, Holly LeMasurier, currently serves in an interim role as COVID-19 Project Manager for
Homelessness Response coordinating the community’s COVID-19 response for people experiencing
homelessness. In collaboration with the Homeward 2020 Director, City of Fort Collins Social Sustainability
Department, Health District of Northern Larimer County, SummitStone Health Partners, and community shelter
response leaders, developed a plan to help mitigate the risks of COVID-19 for those experiencing homelessness
and the greater community in Fort Collins.
A centralized operations center has been established at Northside Aztlan Community Center (Aztlan). It is
recognized that while accessing additional space for physical distancing and centralizing operations at Aztlan was
an achievement and first step streamlining operations, the next step is to optimize this site for intended impact for
its staff, guests and general community health - safety, protection and reduced spread of COVID-19. Aggressive,
additional, controlled health measures are incrementally being put in place to continue implementation of Center
for Disease Control and local protocols. The effort is to maximize this important community contribution at this
time at Aztlan and achieve best possible public health outcomes. The goal is to practice optimal operations and
health protocols at Aztlan, and across the shelter system, to flatten the curve of the virus, and to prepare for
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April 14, 2020 Page 4
imminent impacts to best of ability. Council will be updated on most up to date efforts, data and further details at
the time of presentation.
Next Steps: Sustaining the Vision
In Summer 2020, following implementation of the final phase of Fort Collins’ 10-Year Pan to make Homelessness
Rare, Short-Lived and Non-Recurring, the community will capitalize on the organization’s decade of disciplined
research and system development, application of key evidence-based models, data collection, consultation with
local and national experts, and ongoing, cooperative community work.
With the community, Homeward 2020 will create a Community Action Strategy, focused on scaling up solutions to
overcome increasing homelessness in Fort Collins. The community will identify performance targets, existing
assets and persistent gaps, priority next steps, and resources and partnerships to support the effort. Meetings
and events will be held to share the recommended strategies.
For more information go to: <http://www.homeward2020.org/%20>
ATTACHMENTS
1. PowerPoint Presentation (PDF)
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Packet Pg. 71
April 14, 2020
Homelessness Update Council Work Session
Jeff Mihelich, Holly LeMasurier, Beth Sowder
ATTACHMENT 1
Overview
2
• Homeward 2020 Update
• Looking Ahead
• Status of Homelessness Initiatives
• COVID-19 Response Update
Strategic Alignment
3
City Plan
SSD Strategic Plan
Affordable Housing
Strategic Plan
City Strategic Plan
Neighborhood Livability &
Social Health 1.2
Council Priority
Homeward 2020
Plan to make
Homelessness Rare,
Short-lived, and
Non-recurring
Community Dashboard Metric:
Long-term Homelessness Entries/Exits
4
• Quarterly Metric from Housing First Initiative
• Target: Number of exits exceeds entries
• Metric does not account for inactive category
Homeward 2020: Catalyst, Convener, Advocate, Data
5
• Community Strategy, Best Practices, Partnerships
• City and Homeward 2020 MOU
• Community Collaborative
• Homeless Response Think Tanks
• Tactical work groups and meetings
• Community Awareness
Rare, short-lived and non-recurring
6
•Homelessness is prevented by access to affordable housing and
responsive services in the community.
•System response and interventions make experiences with
homelessness as least traumatizing and short as possible.
•Supportive services monitor housing retention and stabilization
among those transitioning from homelessness or housing crisis.
Solving Homelessness
7
An end to homelessness means
that every community will have
a comprehensive response in place
that ensures homelessness is prevented whenever possible,
or if it can’t be prevented,
it is a rare, short-lived, and non-recurring experience.
2018-2020 Priorities: Data, Housing Solutions, System
8
9
Lack of affordable housing is the primary cause of homelessness.
Coordinated System Response
• Best Practice: Housing First approach
• Best Practice: Data-informed solutions
• Best Practice: Coordinated Entry into Services
How to End Homelessness
Housing First Initiative Data
10
HFI: Long-term Homelessness
11
Total at end of 2-Year Project: 434
Total housed (over 2 Years): 140
Net change (over 2 years): +122
People known to HFI who died: 10
Frequent Utilizers: 122
Seniors 61+: 56
Veterans: 27
Young Adults (under 24): 25
Women: 129
Persons reporting a disability: 184
The Economic Case for Supportive Housing
12
Cost of Random Ricocheting:
Emergency room, 911, law enforcement, courts, shelter, jail, etc.
$35,000 - $150,000
Cost of Housing and Services
$13,000 - $25,000
System Solutions Thinking: Rare
13
System Solutions Thinking: Short-Lived
14
System Solutions Thinking: Non-Recurring
15
Housing First Approach
Housing First is an approach that offers:
• Permanent, affordable housing
• Quickly as possible
• Individuals and families
• Provides supportive services and connections
• Community-based supports
• Keep people in housing
• Avoids returning to homelessness
16
Best Practice : Coordinated Entry (CAHPS)
17
GAP: Case
Management
GAP: Accessible, Affordable Housing
GAP: Housing
Search/Landlord Outreach
GAP: Intake/Diversion
Best Practice: Niche Partners
18
Veterans
Families
Youth and Young Adults
Seniors
Person w/ disabilities
Mental Health/Substance Use Disorder
Re-Entry
Frequent Utilizers
Unsheltered; Outreach to the isolated
Domestic Violence
Medical Treatment/Recuperative Care
Exiting Foster Care
19
Coordinated efforts of
community partners
house people
experiencing
homelessness.
Homelessness is solvable.
20
Ending homelessness takes
community, leadership, collaboration and coordination
among multiple state and local programs
to align resources for housing and supportive services
‘Solvable’ and Solutions-oriented Thinking
Homeward 2020 Next Steps
• Community Action Strategy Report – early summer 2020
• Scaling up solutions
• Performance targets
• Assets and persistent gaps
• Prioritize next action steps, resources and partnerships
• Sharing Event and Meetings – summer 2020
• Recommended strategies
21
Evolution of Roles: Looking Ahead
• Northern Colorado Continuum of Care - Larimer & Weld Counties
• Homeless Management Information System
• CAHPS Expansion (Coordinated Assessment Housing Placement Services)
• Federal funding (HUD) and data coordination
• Regional Strategy and Coordination
22
Advisory Committee for
Homelessness Services & Housing Opportunities
• Convened by City Manager Nov. 2019
• Recommendations expected summer 2020
• 20+ community members focused on overnight shelter needs
Charge to Explore and Understand:
• Current conditions
• New/expanded facilities needs and feasibility
• General locations for potential new facilities
• Strategies to mitigate challenges and find opportunities for collaboration
More info: https://www.fcgov.com/homelessnesscommittee/ 23
COVID-19 Homeless Response
Northside Aztlan Community Center
• Shelter – day, evening, overnight
Separate Facility
• Isolation and quarantine
Health Screening Protocols
• Health District
Other Updates
24
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Attachment: 2020 HBA Participating Lender Questionnaire Results (8923 : Affordable Housing Priorities)
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Attachment: 2020 HBA Participating Lender Questionnaire Results (8923 : Affordable Housing Priorities)
serve residents
experiencing
homelessness, 20-
30% for resident
earning 31-80%
AMI, 20-30%
residents seeking to
be homeowners.
Minneapolis,
MN
Unified Housing Policy
(2020)
Diversification and creation of
affordable housing only
20 year housing
target (2040)
Below 30% and 60%
of AMI
Tacoma, WA Affordable Housing
Action Strategy
Creation and retention of
affordable housing only
10 year project
(2028)
below 30% AMI for
1 person household,
50% for 2 person,
80% for three, 100%
for 4 person
household.
Boise, ID Grow Our Housing Targets affordable housing units
only
20 year project
(2040)
Residents at or
below 80% AMI
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Attachment: Housing Plan Examples (8923 : Affordable Housing Priorities)
with one local provider which serve the entire region, so staff recommends supporting this as the regional down-
payment assistance program.
2
Packet Pg. 8
Neighborhood
x x If revisions
applied to
Emergency
No. 060
If revisions
applied to No.
061
UPCOMING HEARINGS AND NEIGHBORHOOD MEETINGS
Pending quasi-judicial hearings that have been scheduled for March, April, May or June and currently at risk of
delay include:
Meeting Type Pending Projects/Decisions
City Council Hearings • 3 rezoning decisions related to properties within City limits
• 2 initial zoning decisions related to recent annexations (second
reading)
• 5 landmark designation decisions (voluntary)
1
Packet Pg. 8