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HomeMy WebLinkAboutMemo - Read Before Packet - 9/21/2021 - Memorandum From Kelly Smith Re: 1041 Regulations - Agenda Item #22 City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: September 20, 2021 TO: Mayor and Councilmembers THROUGH: Kelly DiMartino, Interim City Manager Kyle Stannert, Deputy City Manager Tammi Pusheck, Interim City Clerk Caryn Champine, Director of Planning, Development and Transportation Paul Sizemore, Director of Community Development and Neighborhood Services FROM: Kelly Smith, Senior Environmental Planner RE: 1041 Regulations Attached is an updated slideshow presentation for the 1041 Regulations discussion, scheduled for September 21, 2021. Slide 13 has been updated to include information related to engagement. Attached is Ordinance No. 122, 2021 with proposed provisions related to projects exempted from the moratorium for the 1041 Regulations discussion, scheduled for September 21, 2021. Changes are highlighted for convenience. The purpose of Sections 4(2)(i) and (ii) is to exempt certain projects over which the City can exercise binding regulatory review as opposed to the advisory Site Plan Advisory Review. The proposed changes to Sections 4(2)(iv) and 4(4) clarify the Council review process to determine whether a project not exempted from the moratorium in t he Ordinance should be exempted. Section 4(2)(i): Exempts water and sewer projects that are reviewed and approved under development review processes other than the Site Plan Advisory Review, and that are required to provide direct water delivery to any proposed residential, commercial, industrial or mixed-use development. Section 4(2)(ii): Exempts water and sewer projects that are reviewed and approved as part of a proposed development project through a basic development review, minor or major amendment, project development plan or final plan for development. DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Section 4(2)(iv) and Section 4(4): Provides additional clarity on the procedural requirements for a quasi-judicial hearing. Attachments DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -1- ORDINANCE NO. 122, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING CERTAIN ACTIVITIES AS MATTERS OF STATE INTEREST AND IMPOSING A MORATORIUM ON THE CONDUCT OF SUCH ACTIVITIES UNTIL CITY COUNCIL MAKES A FINAL DETERMINATION REGARDING THE ADOPTION OF GUIDELINES FOR THE ADMINISTRATION OF SUCH ACTIVITIES WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 24-65.1-101 et seq, commonly referred to as 1041 statutes or powers, empowers the City to designate areas and activities to be matters of state interest and to adopt guidelines and regulations for the administration of designated areas and activities; and WHEREAS, pursuant to C.R.S. Section 24-65.1-401, the City may designate specified areas and activities to be of state interest after holding a public hearing and considering the intensity of current and foreseeable development pressures, specifying the boundaries of any proposed area, state reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner; and WHEREAS, in compliance with the notice requirement set forth in C.R.S. Section 24- 65.1-404, notice stating the time and place of the public hearing and the place at which materials relating to the matter to be designated and guidelines may be examined was published in the Fort Collins Coloradoan on August 15, 2021; and WHEREAS, such notice stated that City Council would conduct a public hearing on September 21, 2021, to consider designating the following two activities as set forth in C.R.S. Section 24-65.1-203, (1) Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; and (2) Site selection of arterial highways and interchanges and collector highways; and WHEREAS, on September 21, 2021, City Council held a publi c hearing as part of its regular meeting to consider the designation of the two noticed activities as matters of state interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -2- Section 2. That City Council, in consideration of the information provided for and at the public hearing, hereby designates the site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems, as the term domestic water and sewage treatment system is defined in Sections C.R.S. Sections 24-65.1-104(5) and 25-9-102, and set forth in Exhibit “A” attached hereto and incorporated herein, as an activity of state interest with the following findings: (1) Such designation is justified by the current and foreseeable development pressures related to major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; (2) Such designation shall apply to major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems located partially or entirely within the boundaries of the City; (3) This activity is of state interest because the site selection and construction of domestic water and sewage treatment systems occurs throughout Colorado and can negatively impact the environment and wildlife resources, and the public health, safety, and welfare of the communities where they are located. While this activity is of state interest, it is ideally suited for local regulation in the communities where such systems are located because of the local understanding of the unique local conditions and needs; (4) Uncontrolled development of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems would cause adverse impacts within the City to the public health, safety, and welfare, the environment and wildlife resources, and the City’s operations and projects; (5) The coordinated development and regulation of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems would mitigate within the City the negative impacts on the public health, safety, and welfare, the environment and wildlife resources, and the City’s operations and projects, that would be caused by uncontrolled development; and (6) Such designation is in the best interests of the residents of Fort Collins. Section 3. That City Council, in consideration of the information provided for and at the public hearing, hereby designates the site selection of arterial highways and interchanges and collector highways, as the terms arterial highway and collector highway are respectively defined in C.R.S. Sections 24-65.1-104(3) and (4), and set forth in Exhibit “A”, as an activity of state interest with the following findings: DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -3- (1) Such designation is justified by the foreseeable development pressures related to the site selection of arterial highways and interchanges and collector highways; (2) Such designation shall apply to the site selection of arterial highways and interchanges and collector highways located partially or entirely within the boundaries of the City; (3) This activity is of state interest because the site selection of arterial highways and interchanges and collector highways occurs throughout Colorado and can negatively impact the environment and wildlife resources and the public health, safety, and welfare of the communities where they are located. While this activity is of state interest, it is ideally suited for local regulation in the comm unities where such highways and interchanges are located because of the local understanding of the unique local conditions and needs; (4) Uncontrolled development of the site selection of arterial highways and interchanges and collector highways would cause significant adverse impacts within the City to the public health, safety, and welfare, the environment and wildlife resources, and the City’s operations and projects (5) The coordinated development and regulation of the site selection of arterial highways and interchanges and collector highways would mitigate the negative impacts within the City to the public health, safety, and welfare, the environment or wildlife resources, and the City’s operations and projects that would be caused by uncontrolled development; and (6) Such designation is in the best interests of the residents of Fort Collins. Section 4. That with regards to the activities designated in Section 2 (“Water and Sewer System Activity”) and Section 3 (“Highway Activity”) (collectively, the “Activities”), no person shall conduct the Activities, as further defined below, unless otherwise specified in this Section 4 until December 31, 2022, or until City Council has finally determined and adopted guidelines for the administration of the Activities pursuant to C.R.S. Section 24-65.1- 101 et seq. This moratorium (“Moratorium”) on the conduct of the Activities is authorized pursuant to C.R.S. Section 24-65.1-404(4) and the City’s power to impose a moratorium on development activity pursuant to its home rule powers granted under Article XX of the Colorado Constitution. The Moratorium shall go into effect on the effective date of this Ordinance. (1) Water and Sewer System Activity subject to the Moratorium shall be projects that: (i) Meet the term domestic water and sewage treatment system as defined in C.R.S. Section 24-65.1-104(5), and set forth in Exhibit “A”; and DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -4- (ii) Consist of pipelines designed for transmission of treated or untreated water that are 12-inch diameter or larger or designed for transmission of sewage that are 15-inch diameter or larger. The Moratorium shall apply to projects regardless of whether they have completed or are undergoing Site Plan Advisory Review pursuant to the Land Use Code, if they meet the criteria set forth in (i) and (ii) above. (2) The following projects do not qualify as Water and Sewer System Activity subject to the Moratorium: (i) Any project (1) submitted and subject to review and approval under a development review process other than Site Plan Advisory Review under the Land Use Code, and (2) which project is necessary to physically deliver water by a direct connection to any proposed residential, commercial, industrial, or mixed- use development for which an application has been accepted by the City for Land Use Code development review as of the first reading date of this Ordinance; (ii) Any water or sewer project submitted and subject to review and approval as part of a basic development review, minor or major amendment, project development plan, or final plan for development other than a stand-alone water or sewer project; (iii)Projects to upgrade existing water facilities that are required maintenance or otherwise required by federal, state or Larimer County regulations, including repairing and/or replacing old or outdated equipment, or installing new equipment, provided the improvements do not expand levels of service beyond an increase to the next standard incremental pipeline size, and provided further that the upgrade does not alter the location of the existing facility beyond the existing easement or right-of-way; and (iv) Any project that the City Council determines by adopted ordinance after a quasi- judicial hearing, and review and analysis by City staff, to be unlikely to result in significant adverse impacts within the City to the public health, safety, and welfare, the environment and wildlife resources, and the City’s operations and projects. Applications for review under this section must be submitted to the Director of Community Development and Neighborhood Services, as defined in the Land Use Code. (3) Highway Activity subject to the Moratorium shall be projects that meet the terms arterial highway and collector highway as such terms are respectively defined in C.R.S. Sections 24-65.1-104(3) and (4), and set forth in Exhibit “A”, and interchanges associated with arterial highways. The Moratorium shall apply to projects that have completed or are undergoing Site Plan Advisory Review pursuant to the Land Use Code and which meet the terms arterial highway and collector highway. DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -5- (4) The following projects do not qualify as Highway Activity subject to the Moratorium: Any project that the City Council determines by adopted ordinance after a quasi- judicial hearing, and review and analysis by City staff, to be unlikely to result in significant adverse impacts within the City to the public health, safety, and welfare, the environment and wildlife resources, and the City’s operations and projects. Applications for review under this section must be submitted to the Director of Community Development and Neighborhood Services, as defined in the Land Use Code. (5) The Moratorium shall also apply to the following to the extent any of the following are related to a project subject to the Moratorium: (i) The City’s acceptance and processing of applications for Site Plan Advisory Review pursuant to the Land Use Code for development that qualifies as one of the Activities; (ii) The acceptance and processing of applications or requests for City permits, including flood plain and encroachment permits; and (iii) The acceptance and processing of applications or requests to acquire City real property or rights therein, including easements. Introduced, considered favorably on first reading, and ordered published this 21st day of September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of October, A.D. 2021. __________________________________ Mayor ATTEST: DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 -6- __________________________ Interim City Clerk DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 1 1041 Regulations & Public Hearing Kelly Smith September 21, 2021DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Purpose of Presentation 1.Public Hearing and First Reading of an Ordinance initially designating activities of state interest a.Site selection and construction of water supply and treatment systems b.Site selection and construction of highways and interchanges 2.First Reading of an Ordinance appropriating $50,000 to support project completion a.If scope increases, appropriation will increase proportionally 2 DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Public Hearing 1041 Regulations Implementation 1.Hold Public Hearing designating area or activity of state interest. 2.No development can occur until designation and guidelines are adopted 3.Once designation and guidelines are adopted, applications for permits can be accepted. 3 DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Public Hearing Considerations 1041 Regulations Implementation 1.The intensity of current and foreseeable development pressures; 2.The boundaries of any designated area; 3.Why the designated area or activity is of state interest; 4.The dangers from uncontrolled development of the area or conduct of such activity; and 5.The advantages of developing such area or activity in a coordinated manner. 4 DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 New/Expanded Domestic Water Municipal/ Industrial Water Projects Highways and Interchanges New Communities Activities of Statewide Interest 5 Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 New/Expanded Domestic Water New/Expanded Water/Sewer Treatment Highways and Interchanges New Communities Development Intensity 6 Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation •NISP •NEWT 3 Water Pipeline*•Hughes Stadium* *Potential future projects •CDOT Port of Entry •Mulberry/1-25* DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Public Hearing Considerations 1041 Regulations Implementation 1.The intensity of current and foreseeable development pressures; 2.The boundaries of any designated area; 3.Why the designated area or activity is of state interest; 4.The dangers from uncontrolled development of the area or conduct of such activity, and 5.The advantages of developing such area or activity in a coordinated manner. 7 DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Appropriation 8 CONSULTANT SCOPE •Assist w/ Draft Regulations •Outside Legal Counsel •Engagement CITY DEPT SUPPORT: •CAO •Utilities •SSD •Transportation •CDNS Option 1: $50K Option 2: $70K Option 3: $80K DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 New/Expanded Domestic Water New/Expanded Water/Sewer Treatment Highways and Interchanges New Communities Option 1: $50K 9 Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation •NISP •NEWT 3 Water Pipeline*•Hughes Stadium* *Potential future projects •CDOT Port of Entry •Mulberry/1-25* DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 New/Expanded Domestic Water Municipal/ Industrial Water Projects Highways and Interchanges New Communities Option #2: $70K 10 Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 New/Expanded Domestic Water Municipal/ Industrial Water Projects Highways and Interchanges New Communities Option #3: $80K 11 Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation *potential future projects •Front Range Passenger Rail* DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Considerations 12 Option 1 Option 2 Option 3 •Addresses immediate development pressure •State statutes are flexible and allow more activities and areas to be designated over time •Addresses development with lowest authority but potential for highest impact •Addresses all potential development •Includes projects that may be regulated by Land Use Code (not SPAR) DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Engagement 13 Option 1 Option 2 Option 3 Other Planning & Zoning Commission X NRAB X LCSB X Water Commission No consensus; need more info Chamber Of Commerce Concerned about overregulating; pausing projects Service Providers Concerned about overregulating; pausing projects DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9 Purpose of Presentation 1.Public Hearing and First Reading of an Ordinance initially designating activities of state interest a.Site selection and construction of water supply and treatment systems b.Site selection and construction of highways and interchanges 2.First Reading of an Ordinance appropriating $50,000 to support project completion a.If scope increases, appropriation will increase proportionally 14 DocuSign Envelope ID: F05DD90C-6361-488C-BAAA-4A1E50DE04A9