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HomeMy WebLinkAboutMinutes - Read Before Packet - 01/28/2025 - Memorandum from Delynn Coldiron re: Leadership Planning Team Meeting Minutes – January 27, 2025 City Clerk 300 Laporte Avenue .O. Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: January 27, 2025 TO: Mayor and Councilmembers FROM: Delynn Coldiron, City Clerk RE: Leadership Planning Team (LPT) Meeting – Revised Notes Mayor Jeni Arndt, Mayor Pro Tem Emily Francis, City Manager Kelly DiMartino, Deputy City Manager Tyler Marr, City Attorney Carrie Daggett, and City Clerk Delynn Coldiron met in person on Monday, January 27, 2025. The following summarizes the discussions that began at 8:05 a.m. January 28 Work Session • No comments. February 4 Regular Meeting • Item #5 - Landscaping amendments to City Code and the Land Use Code: The Mayor provided a shout out to the staff team who worked on this item; they did a great job balancing a number of considerations. The item captures the intent and requirements of State law and maintains the uniqueness of Fort Collins. • Item #9 – Amending Chapter 12 of the Code to Reduce Plastic Pollution: City Attorney Daggett noted that the title of this item is being changed to reflect that the Code is being updated and new provisions enacted versus a sunset. • Item #10 – 2025 Employee Pay Plan as Provided in the Collective Bargaining Agreement: City Manager DiMartino noted this always seems a bit out of sequence from other pay plan efforts; this is based off timelines outlined in the Agreement. • Item #14 – Second Reading of the Land Use Code (LUC) Amendments related to Accessory Dwelling Units and Parking for Multi-Unit Dwellings: This item is on discussion due to a split vote of Council. City Attorney Daggett noted staff may request an amendment on second reading to correct an ADU- related definition that staff is evaluating. • Deputy City Manager Marr noted that an executive session related to Connexion will also occur on February 4th. Leadership Planning Team Meeting January 28, 2025 Page 2 of 3 Six-Month Calendar • February 18 – There was discussion on whether this item should move since City Clerk Coldiron will be out on this date. Sara Arfmann, Assistant City Attorney, has been integrally involved with these changes and can take the lead. The Leadership Planning Team thought it was better to move these items forward sooner than later. • March 4 – The Longstein ADU Appeal has been scheduled for this date. • June 3 – An extended staff report will be done to provide Council with a presentation on Ranked Choice Voting and related efforts. City Clerk Delynn Coldiron • There is an Election Code Committee meeting this afternoon at 4:00 p.m. in the CIC Room. Councilmember Pignataro is expected to be remote. Staff will be presenting the final round of proposed code amendments in preparation for the 2025 election and will provide an update on the 2025 election and ranked choice voting efforts. • Staff met with the League of Women Voters, the County, and a representative from Ranked Choice Voting for Colorado on Friday. The meeting was productive, and all were supportive of the proposed efforts related to this. Meetings will be held on a bi-monthly basis to keep lines of communication open and ensure alignment. • Interviews were held for the two Assistant City Clerk positions that were converted to classified during budget. Job offers are expected to go out this week. These positions primarily focus on Council agenda and meeting support. Deputy City Manager Tyler Marr • Shared that no appeal had been received related to Montava Phase D. Revision – No appeal was filed with the City Clerk’s office for an appeal to Council. After LPT, the City Clerk was informed that there was an appeal to the Planning & Zoning Commission filed with Planning staff related to Montava Phase D by the Larimer & Weld Irrigation Company and WRCC, Inc. dated January 22, 2025. The appeal is related to the Planning Manager’s decision made on January 8, 2025, and will be heard by the Planning & Zoning Commission. A staff member from the City Clerk’s office did speak to the appellant to give them information on how to file the appeal. However, the information was not forwarded to the City Clerk since it was not a Council appeal. Efforts will move forward on a process improvement that will ensure all appropriate parties are notified when any appeals are filed at the City to avoid this from recurring. Kudos to the staff team that has been working on this for years on all the various and complicated components involved with this project. Leadership Planning Team Meeting January 28, 2025 Page 3 of 3 City Attorney Carrie Daggett • Shared that her office had a full day of attorney interviews on Friday, and she hopes to finalize the hiring process (to fill the position vacated by Cyril Vidergar) this week. City Manager Kelly DiMartino • No updates. Mayor Pro Tem Emily Francis • No updates. Mayor Jeni Arndt • Attended the Colorado Municipal League (CML) Mayor’s one-day retreat and participated on one of the panels. One of the biggest discussions was around developing strategic plans. The Mayor was able to provide feedback and guidance related to this. She was also able to bring up the local fiscal note issue related to bills which is expected to be elevated to the CML Board. • Provided a shout out to Seth Forwood who was selected to participate in a year-long Governor’s Fellowship. • Noted she would be unavailable for tomorrow night’s work session. Meeting adjourned at 8:41 am. Development Review Center 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 970-221-6689 fcgov.com/DevelopmentReview January 8, 2025 Max Moss Montava Development & Construction, LLC 430 N College Ave. Fort Collins, CO 80524 RE: Montava Phase D Core and Irrigation Pond, BDR240006 – Manager’s Decision Dear Max: On May 1st, 2024, the City of Fort Collins Development Review Division received and processed a request for the Montava Phase D Core and Irrigation Pond, being a request for development of 329 alley-loaded single-unit attached and single-unit detached dwellings. (parcel #8833000002) in Transects 5, 4, and 3.2 per the Montava PUD Master Plan. This request has been processed in accordance with Section 2.2 and 2.18 – Basic Development Review Procedures, of the City of Fort Collins Land Use Code pursuant to the applicable standards in the Land Use Code. This request was evaluated under the 1997 Land Use Code and Montava PUD Master Plan Uses, Densities, and Development Standards. The Planning Manager hereby makes the following findings of fact: 1. Montava Phase D Core and Irrigation Pond, BDR240006, has been accepted and properly processed in accordance with the requirements of Section 2.2 and 2.18 of the Land Use Code. 2. Montava Phase D Core and Irrigation Pond, BDR240006, complies with the applicable sections of Article Three, General Development Standards, of the Land Use Code with the following conditions of approval. i. For the City to provide the Developer with approval of the Final Development Plan set, Development Agreement, and release the Development Construction Permit, the Developer must meet the following conditions: 1. Developer agrees to permit and construct necessary stormwater infrastructure to provide an adequate stormwater outfall in accordance with the Fort Collins City Code and Stormwater Criteria Manual, an agreement with the Larimer and Weld Irrigation Company (LWIC), and City of Fort Collins revised Cooper Slough Stormwater Master Plan per the timeline outlined in these conditions. 2. Montava Development leadership and engineering staff will attend design charette and monthly recurring coordination meetings with City Stormwater Master Planning and Water Utilities Development Review to keep plans and construction on track. 3. The Developer must have received all necessary variances from the City, as determined by the City, that are applicable to the necessary stormwater infrastructure and related plans including, but not limited to: a. Any necessary variances pursuant to the Fort Collins City Code and Stormwater Criteria Manual; and b. Any necessary variances from other City of Fort Collins departments. 4. All plans, supporting reports, and modeling, must be at 100% design detail and meet all City criteria and standards, including, but not limited to, all criteria and standards set forth in the Fort Collins Stormwater Criteria Manual (except to the extent the Developer has acquired variances for the same). 5. The Developer has acquired all necessary permits, property rights, and other approvals for the planned stormwater infrastructure described in the Final Development Plan, including, but not limited to, the following: a. Executed "Settlement Agreement Regarding Ditch Crossings, Ditch Modifications, and Stormwater." between the Windsor Reservoir and Canal Company (WRCC), the Larimer and Weld Irrigation Company (LWIC), Montava Development & Construction LLC, Montava Partners LLC, and Montava Metropolitan District No. 1 detailing the requirements and timelines for permitting and constructing culvert/pipe and related infrastructure that will carry drainage flows from Phase D of the Montava Development under/through/past LWIC’s Larimer and Weld Canal and associated easement. If settlement agreement is not finalized by all parties, the Developer will follow the standard City process timelines and requirements for permitting and constructing the stormwater outfall. As the City is not a party to the settlement agreement, the City is not in any way required or responsible for taking any actions, including construction and planning actions, or meeting any timelines, whether express or implied, that are included in the settlement agreement, except to the extent that the City is separately required or responsible for such actions and timelines. b. Fee ownership, an adequate easement (as determined by the City), or irrevocable license from any property owner(s) located downstream of the Larimer and Weld Canal for any work that will not be in an existing drainage easement authorizing such work. Note that such property owners may include, but may be limited to: the LWIC, the Trail Head Community Association, Waterglen Owners Association, and Front Range Water, LLC. c. Any other necessary permits, property rights, and other approvals for the planned drainage infrastructure described in the Final Development Plan, as determined by the City. Development Review Center 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 970-221-6689 fcgov.com/DevelopmentReview 6. The Developer must place the following note on the Final Plans concerning permitting with the Burlington Northern Santa Fe Railroad (BNSF) for a culvert/pipe and related infrastructure that will carry drainage flows from Phase D of the Montava Development under/through/past the BNSF right-of- way. a. Developer is proceeding at their own risk. Burlington Northern Santa Fe Railroad (BNSF) permits are required for the Montava Phase D stormwater outfall. The design for the stormwater outfall will be reviewed by the City under a separate utility plan set. BNSF review and permitting will coincide with the following City process milestones: i. The Developer will obtain BNSF Engineering Review Approval for the stormwater outfall prior to the City releasing any building permits for Montava Phase D. ii. The Developer will obtain a BNSF permit for construction of the stormwater outfall prior to the City releasing more than 25% of Montava Phase D building permits. iii. The Developer will construct and certify the stormwater outfall prior to the City releasing more than 35% of the total building permits for Phase D of the Montava Development (the sum of the 25% previously-released building permits and an additional 10% of building permits). b. Developer acknowledges the design for the stormwater outfall infrastructure may need to change based on future revisions to the Cooper Slough Stormwater Master Plan resulting from any agreement the Developer may enter into with local ditch companies. The City will not pay or reimburse the Developer if designed and/or constructed drainage infrastructure does not meet the revised Cooper Slough Stormwater Master Plan. 7. Prior to construction within the regulatory FEMA floodplain, the Developer has acquired from the City, pursuant to the Fort Collins Municipal Code, a floodplain use permit with no-rise or CLOMR for any work within a FEMA regulated floodplain, as such terms are defined in Chapter 10 of the Fort Collins Municipal Code. ii. For the City to release any building permits up to 25% of the total building permits for Phase D of the Montava Development, the Developer must meet the following conditions: 1. The Developer must have obtained BNSF Engineering Review Approval for a culvert/pipe and related infrastructure that will carry drainage flows from Phase D of the Montava Development under/through/past the BNSF right-of- way. iii. For the City to release up to 35% of the total building permits for Phase D of the Montava Development (the sum of the 25% previously-released building permits and an additional 10% of building permits), the Developer must meet the following conditions: 1. The Developer must have met all conditions listed in the previous section regarding building permits up to 25% of the total building permits for Phase D. 2. The Developer must have acquired BNSF permits for the Stormwater outfall. iv. For the City to release the remaining building permits for Phase D of the Montava Development (anything above the previously-released 35% of building permits), the Developer must meet the following conditions: 1. All offsite drainage infrastructure must be installed pursuant to the Final Development Plan approved by the City. 2. All offsite drainage infrastructure must be certified by the developer’s engineer and accepted by the City. 3. Montava Phase D Core and Irrigation Pond, BDR240006, complies with all applicable requirements of the Montava PUD Master Plan Uses, Densities, and Development Standards. Based on these findings of fact, the Planning Manager of the City of Fort Collins makes the following decision: Approved with Conditions____________________ January 8, 2025___________________ Decision Date _________________________________________ Clay Frickey City of Fort Collins, Planning Manager This final decision of the Planning Manager may be appealed to the Planning & Zoning Commission, in accordance with Article 2, Division 2.18.3(L) of the Land Use Code, within 14 calendar days of the date of final action by the Planning Manager. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk’s Office at 300 Laporte Avenue. For City Staff Use Only:  Date Filed:   Initials:   NOTICE OF APPEAL Action Being Appealed: Date of Action:  Decision Maker (Board, Commission, or Other):  Appellant/Appellant Representative (if more than one appellant):Name, address, telephone number(s), and email address of an  individual appellant authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants.  Name:Phone #:  Address:  Email:  GROUNDS FOR APPEAL