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Home My WebLink AboutMemo - Read Before Packet - 6/28/2022 - Memorandum From Kelly Smith Re: 1041 Regulations - Agenda Item #4 - June 28, 2022 Council Work Session City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: June 28, 2022 TO: Mayor and Councilmembers THROUGH: Kelly DiMartino, Interim City Manager Tyler Marr, Interim Deputy City Manager Caryn Champine, Director of Planning, Development and Transportation Paul Sizemore, Director of Community Development and Neighborhood Services Rebecca Everette, Planning Manager FROM: Kelly Smith, Senior Environmental Planner RE: 1041 Regulations - Agenda Item #4 - June 28, 2022 Council Work Session Attached is an updated slideshow for this evening. Some slides have been moved or removed; no new material has been added. Moved slide 18 down to slide 24 Moved slides 16, 17 and 18 up to 11, 12 and 13 Removed slide 26 (duplicate) Please let us know if you have any questions. Draft 1041 Regulations 06-28-2022 Kelly Smith Senior Environmental Planner 2Questions Do Councilmembers support a tiered review process based on project impact - determine permit tiers? Do Councilmembers support the current engagement plan that allows adoption of regulations prior to the moratorium expiring? 3Strategic Alignment COUNCIL PRIORITY Protect and Enhance Instream River Flows STRATEGIC ALIGNMENT Neighborhood Livability 1.7 Guide Development BUDGET Planning and Environmental Services Ongoing Offers 41041 Regulations Allow local governments to regulate areas and activities of state interest Gives local governments permitting authority over development projects even when the project has statewide impacts . A local government must designate the areas or activities of state interest and adopt guidelines pursuant to state statutory procedures and limitations 5Areas of Statewide Interest Mineral Resource Areas Gravel Mining Natural Hazard Areas Geologic Wildfire Historical/Natural/ Archaeological Resource Areas State and Federally listed species Areas Around Key Facilities Highways Airports Utility Infrastructure 6Activities of Statewide Interest New/Expanded Domestic Water/Wastewater Municipal/ Industrial Water Projects Highways and Interchanges New Communities Public Utilities Solid Waste Disposal Mass Transit Airports Geothermal Resources Nuclear Detonation 7Statutory Process Public Hearing Designating Activity/Area Moratorium Adopt Guidelines Accept Permit Applications 1 2 3 4 8 May July September October 2021 ANALYSIS & OPTIONS PUBLIC HEARING/ DESIGNATION RESOLUTION: Study 1041 Powers MORATORIUM12 EngagedWater Providers Sanitation Districts CDOT 30 Communities Boards/Commissions Chamber City Utilities City Engineering Water Providers Sanitation Districts Developers CSUEngaged Water Providers Sanitation Districts PFA Engaged 9Where We Are Going NOVDECJANFEBMARAPRMAYJUNJULYAUGSEPTOCTNOVDECJANAPPROPRIATE FUNDING/ CONTRACTING CODE DEVELOPMENT ENGAGEMENT DRAFT CODE COUNCIL WORK SESSION CODE ADOPTION MORATORIUM EXPIRES IMPLEMENTATION SCHEDULE 4 31st 15th 20th3 10DRAFT 1041 Regulations Designation Procedures Definitions Exemptions Applicability Determination of Permit Type Neighborhood Meeting Public Hearing Approval Process General Standards Activity Specific Standards Activity Specific Purpose Review Standards Financial Security Inspection/Reporting Enforcement Permit Administration Pre-Application Application Submittal Requirements 11DRAFT 1041 Regulations Designation Procedures Definitions Exemptions Applicability Determination of Permit Type Neighborhood Meeting Public Hearing Approval Process General Standards Activity Specific Standards Activity Specific Purpose Review Standards Financial Security Inspection/Reporting Enforcement Permit Administration Permit Application (Submittal Requirements)ExhibitsMajor Water Projects Transmission Lines Water Diversions Water Treatment Facility Reservoirs Storage Tanks Major Wastewater ProjectsWastewater Treatment Plants Interceptor Lines Lift Stations Highway ProjectsState/Federal Highways, Collectors or Interchanges Closure of Frontage Roads Applicability: Definitions 12DRAFT 1041 Regulations Designation Procedures Definitions Exemptions Applicability Determination of Permit Type Neighborhood Meeting Public Hearing Approval Process General Standards Activity Specific Standards Activity Specific Purpose Review Standards Financial Security Inspection/Reporting Enforcement Permit Administration Permit Application (Submittal Requirements)Exhibits Operations and Maintenance Approved Development with Valid Building Permit Approved Development with Vested Rights Does Not Meet Definition of Development Applicability: Exemptions 1 2 3 4 13DRAFT 1041 Regulations Designation Procedures Definitions Exemptions Applicability Determination of Permit Type Neighborhood Meeting Public Hearing Approval Process General Standards Activity Specific Standards Activity Specific Purpose Review Standards Financial Security Inspection/Reporting Enforcement Permit Administration Permit Application (Submittal Requirements)Exhibits Operations and Maintenance Approved Development with Valid Building Permit Approved Development with Vested Rights Does Not Meet Definition of Development Applicability: Exemptions 1 2 3 4 Operations and Maintenance Approved Development with Vested Rights 1 3 Approved Development with Valid Building Permit 2 Definition of Development: Exemptions 1. CDOT projects within existing ROW 2. City or Public utility work within existing easements/ ROW 14DRAFT 1041 Regulations Permit Hierarchy Administrative Permit Full Permit 2 3Findings of No Significant Impacts (FONSI) 1 Final Development Plan Excavation Permit ROW Encroachment Permit Stockpile Permit 15DRAFT 1041 Regulations Impacts Analysis: Review Standards Social Recreation Safety Environmental Public Health Visual Quality Air Quality Water Quality Groundwater Wetlands & Riparian Areas Wildlife Natural Habitats and Features Soils Nuisance Water Conservation Economic Financially Feasible Financial Impacts Impacts to City Infrastructure Duplicative Service Impacts Eminent Domain 16DRAFT 1041 Regulations Pre-Application Process Conceptual Review Determine 1041 Applicability Determine Pre-App Submittal Reqs: Studies and Mitigation Pre-Application Meeting Impacts Analysis Review Mitigation Approach Determine Permit Type Determine Permit Application Submittal Reqs Neighborhood Meeting 90 Days From Accepting Application Understand Public Concern Refine Permit Application Reqs May Refine Permit Type Can Appeal to City Council Can Appeal to PZ Commission 17DRAFT 1041 Regulations Administrative Permit Director DecisionStaff ReviewApplication Complete Completeness Review Application Submitted 90-days to Decision 120 Day Continuance Full Permit City Council Hearing PZ Commission RecommendationStaff ReviewApplication Complete Completeness Review Application Submitted 90-days to Hearing 18Engagement Structure GENERAL PUBLIC Land Conservation & Stewardship Board Natural Resources Advisory Board Air Quality Advisory Board Water Commission Planning and Zoning Commission Transportation Board BOARDS & COMMISSIONS Transportation (CDOT, City Engineering) Water/Sanitation Providers Environmental Advocacy Economic Focus Group Boards and Commissions Larimer County STAKEHOLDER WORKING GROUPS Water/Wastewater Engineering Environmental CITY STAFF WORKING GROUPS 19What We Heard: Working Groups Do You Support Tiered Regulatory Approach Working Group YES NO CDOT X Water/ Sanitation Providers X Environmental Advocacy X Economic Focus X Boards and Commissions X City Utilities/Engineering X Public X 20What We Heard: Working Groups Do You Support Tiered Regulatory Approach Working Group YES NO CDOT X Water/ Sanitation Providers X Environmental Advocacy X Economic Focus X Boards and Commissions X City Utilities/Engineering X Public X Aligns Process/Fees w/ Project Impacts Encourages Applicants to Reduce Impacts 21What We Heard: Working Groups Do You Support Tiered Regulatory Approach Working Group YES NO CDOT X Water/ Sanitation Providers X Environmental Advocacy X Economic Focus X Boards and Commissions X City Utilities/Engineering X Public X Too Much Director Discretion All 1041 Projects Should Have Same Process Difficult to Administer 22What We Heard: Working Groups Appealable Director Decisions Appealable? Director Decision YES NO Permit Determination X Revised Permit Determination X Administrative Permit Decision X Permit Suspension X Extension of Permit Suspension X 23What We Heard: Working Groups Communities with Tiered Approach Tiered Community YES NO Routt County X Arapahoe County X El Paso County X Pueblo County X Boulder County X Larimer County X City of Pueblo X Golden X Summit County X 24DRAFT 1041 Regulations Applying the Regulations Project FONSI Admin. Permit Full Permit NEWT Pipeline Northern Integrated Water Supply Project (NISP)X FCLWD Golden Currant X CDOT Port of Entry X X 25What We Heard: Working Groups Concern Over Cost 1041 Review Similar City Review Process Fee Conceptual Review Conceptual Review $0 FONSI Site Plan Advisory Review (SPAR) $0 Pre-Application Review Meeting Preliminary Design Review $1,000 Appeal of Administrative Decisions Appeal of Administrative Decisions $100 Administrative 1041 Permit Basic Development Review $16,900 Full 1041 Permit Planned Unit Development $54,475 26Questions Do Councilmembers support a tiered review process based on project impact - permit tiers? Do Councilmembers support the current engagement plan that allows adoption of regulations prior to the moratorium expiring? For Questions or Comments, Please Contact: Kelly Smith ksmith@fcgov.com