HomeMy WebLinkAboutConstituent Letter - Mail Packet - 9/21/2021 - Letter From Mayor Jeni Arndt To Land Conservation And Stewardship Board Re: Adoption Of 1041 Regulatory Powers In Fort Collins Land Use Code
Mayor
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2154
970.224.6107 - fax
fcgov.com
September 15, 2021
Land Conservation & Stewardship Board
c/o Zoe Shark
PO Box 580
Fort Collins, CO 80522
Dear Board Members:
On behalf of City Council, thank you for providing us with the September 8, 2021 memorandum
regarding “Adoption of 1041 regulatory powers in Fort Collins Land Use Code” wherein the
Board unanimously supports Council to adopt the comprehensive 1041 regulatory
powers in the Fort Collins Land Use Code- Option 3. The Council will address this
matter at the September 21, 2021 City Council meeting. We encourage you to watch
the meeting on fcgov.com or on FCTV.
We appreciate your perspectives on this important.
Best Regards,
Jeni Arndt
Mayor
/sek
Cc: City Council Members
Kelly DiMartino, Interim City Manager
MEMORANDUM
Land Conservation & Stewardship Board
8 September 2021
To - Fort Collins City Council
From - Land Conservation and Stewardship Board
Subject - Adoption of 1041 regulatory powers in Fort Collins Land Use Code
The Land Conservation and Stewardship Board (LCSB) unanimously supports adoption of comprehensive
1041 regulatory powers in the Fort Collins Land Use Code. Kelly Smith (Community Development and
Neighborhood Services) briefed the LCSB on three options for 1041 adoption, each option focusing on a
regulatory theme: (1) immediate development pressures, (2) activities of greatest impact; and (3) all
relevant 1041 authorities. Kelly will present these options to City Council on September 21.
Recommendation
LCSB urges City Council to approve option 3, the adoption of all relevant 1041 regulatory authorities.
There are three reasons for this recommendation. First, development and project proposals arrive with
little notice. Although the 1041 law allows for a moratorium on application processing when applications
are received, and code adjustments during the moratorium, the City nevertheless is in a stronger position
if regulations are in place beforehand so that they do not need to be started from scratch. Second, there
are significant efficiencies in going through one 1041 adoption process, learning and implementing 1041
adoption procedures once rather than multiple times, and applying staff 1041 knowledge immediately
across multiple regulatory arenas (in 1041 language, Activities of State Interest). Third, it is likely that a
major transit project, Front Range Passenger Rail, will be funded soon. Only the third option would
develop regulations for this activity, which is likely to affect a significant swath through the City,
including its Natural Areas.
1041 powers provide a significant strengthening of the City’s regulatory authority over projects that fall
within Activities of State Interest (these are defined in the 1041 statute), in comparison to the SPAR process
that allows City decisions to be overridden by external authorities when the applicant is a public or quasi -
public entity. A new water pipeline proposal is imminent for City regulatory review, and it is important
that City decisions not be externally overridden for this project, as happened recently with NISP.
The Land Conservation and Stewardship Board stands ready to review and advise during this important
regulatory development process.