HomeMy WebLinkAboutMemo - Mail Packet - 5/16/2023 - Memorandum From Kirk Longstein Re: 1041 Regulations – Previously Presented Versions Of The 1041 RegulationsPlanning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
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fcgov.com
MEMORANDUM
DATE: May 10, 2023
TO: Mayor and City Council
THRU: Kelly DiMartino, City Manager
FROM: Kirk Longstein, Senior Environmental Planner
RE: 1041 Regulations – previously presented versions of the 1041 regulations
The purpose of this memo is to provide information showing previously presented versions of
the 1041 ordinance released to the public.
The current version of the Ordinance with amendments adopted by Council on first reading is
posted to the City’s website prior to second reading. www.fcgov.com/publicnotices
Previous versions of the draft 1041 regulations are posted to the public website for review.
www.fcgov.com/planning/1041-regulations
ATTACHMENT: 1041 Comparison table
CC: Tyler Marr, Deputy City Manager
Caryn Champine, Director of Planning, Development and Transportation
Paul Sizemore, Community Development and Neighborhood Services Director
Clay Frickey, Interim Planning Manager
Brad Yatabe, Senior Assistant City Attorney
Carrie Daggett, City Attorney
DocuSign Envelope ID: 5887238F-103D-4D24-9945-88B5D743137A
Pre-Submittal Required No specific time requirement adds a 28 day requirement for Director to make FONAI determination and a 60 day time
frame for staff to review and deem application complete
1.) added requirements for a neighborhood meeting prior to FONAI determination; and
2.) added prescriptive language to pre-application review submittal documents; and
3.) added a definition for cumulative impacts; and
4. ) added appeal process to FONAI determination.
1.) Amend the Code to add a definition that redefines the Applicability
of Standards determination from a FONAI to a FONSI.
2.) extended comment period prior to FONSI determination
3.) Neighborhood meeting requirements for full permit review, only
4. ) Staff recommend on second reading that Council delete reference
to Council Pre-Application Hearing regarding Areas and Activities of
State Interest.
Using the Term Significant Used in various standards and as a way to
differentiate projects subject to the regulations
Reworking of the FONSI to become the FONAI or finding of negligible adverse impact.
1.) Change from a significant impact standard to a review of whether there are adverse
impacts of any kind.
2.)To the extent there are adverse impacts, mitigation can compensate for the adverse
impacts in order to meet a standard.
no changes from Version 2
1.)The following language was added to Section 6.7.1, 6.8.3, and
6.9.3:
“The standards shall be evaluated for significant impacts within the
geographic context of the development plan, and relate to the
magnitude, duration or likelihood of such an impact.”
2.) Changes were made to the following definitions in Section 6.1.9 that
further define "major" projects that have one-acre of surface impact.
The definitions also exclude work within an existing public right of way
so long that the existing ROW does not exceed the project size
thresholds equating to one-acre of surface impact
IGAs Provided as an option to reduce procedural
burden on applications Section Removed no changes from Version 2 no changes from Version 3
Thresholds No specific thresholds Narrowing of the scope of projects to which the 1041 regulations apply. They include:
City Parks, Natural Areas, Natural Habitat Buffer Zones, Cultural resources
Removed geographic based thresholds and added pipe size diameter and easment width to the
definitions for domestic water and sewage treament facilities
Update domestic water project-size threshold and remove pipe size
diameter:
Will require a new public right-of-way or easement greater than 30-
feet in width and 1,452 linear feet in length in the aggregate for the
proposed development plan
Exemptions
1.) Used current definition of development to
determine which projects would be subject to
regulations.
2.)Definition contains exemptions for CDOT and
utility work within the ROW or existing easements
1.) update the definition of development to include work with right away and existing
easements;
2.) included a new exemption for private development required to perform utility or
roadwork as part of development project subject to LDC
no changes from Version 2 no changes from Version 3
Arterial & Collector Hwys, Interchanges no changes from Version 3
New Water & Sanitation no changes from Version 3
Water Extensions no changes from Version 3
Decision Maker Administrative permit and Full permit 1. ) Eliminated the administrative permit; made City Council the sole decision maker
2.) Added Director's determination - applicability of standards no changes from Version 2 no changes from Version 3
Financial Security Required Yes
1.) Language that allows the City to retain third party experts to assist in review at the
applicant’s cost.
2.) More detailed language regarding inspection and monitoring of projects.
no changes from Version 2
Staff recommend on second reading that Council add a requirement
that the applicant provide the City with a monetary guarantee to ensure
mitigation plans will be completed if a FONSI is issued
Mitigation yes - Definition provided no changes from version 1
1.) added common review standard to specific evaluation of mitigation requirements
2.) mitigation definition updated to include cultural resources
3.) mitigation plans may be accepted as a part the Director's FONAI determination
no changes from Version 3
First Reading Adoption with Amendments (May 2, 2023)
-
1041 Parameters Version 2 (October 2022)Version 1 (June 2022)
Added geographic based thresholds to the definition of designated activities:
1. Are located on (or cross through) an existing or planned future City natural area or
park, whether developed or undeveloped; or
2. Are located within an existing or potential future buffer zone of a natural habitat or
feature, as defined in the Land Use Code; or
3. Have potential to adversely impact historic resources.
Version 3 (January 20, 2023)
Moved geographic based thresholds to the Director's criteria for a FONAI determination.
DocuSign Envelope ID: 5887238F-103D-4D24-9945-88B5D743137A