The next phase of the Fort Collins City Land Use Code update is underway. Your Chamber is not only engaged in the process, but enthusiastic about the potential for introducing new vitality and innovative building designs. Gone are the days when winding subdivisions and strip centers predominate. Height, density, and a mixture of uses will be necessary to grow our economy while providing greater opportunity to accommodate our workforce and new business ventures.
However, this transition will not be universally embraced. Conflicts will persist and our processes will be tested. One key process that must be reimagined is the ability for virtually anyone to appeal the decisions of staff, hearing officers, and commissions to City Council. Not only does this slow the process for improving properties, but it also inflates costs, perpetuates uncertainty, and redirects staff resources from other responsibilities.
It’s not just new elements of the code that will be challenged; well-established standards also draw ire. Occasionally, the decision-making authority is guilty of technical lapses. In such cases, the ability to appeal the determination is highly warranted. More often, an appeal is raised to protest an unwelcome outcome.
Our current system, referred to as the quasi-judicial appeals process, is broken. Left alone, the full benefit of a more productive land use code cannot be recognized.
This past year has seen eight applications appealed to City Council. Two were filed by the project applicant seeking to overturn decisions handed down by the Landmark Preservation Commission (LPC). In both cases, Council found its commission had either improperly interpreted standards or applied incorrect standards in evaluating the proposal. While the appeals were successful, long-held concerns as to the objectivity and balance of LPC present a significant challenge as redevelopment of existing structures becomes more commonplace in the future.
Six residential development proposals were appealed to Council by neighboring residents, each of whom declared an unfair hearing and misapplication of standards by staff, a hearing officer or the Planning & Zoning Commission. Council found that each of these appeals lacked merit, affirming a trend over the past several years. The vast majority of development proposals either meet established standards or require only minor modifications to become viable. This suggests the decision-making channel within the planning department is functioning as intended. Rather, it’s the appeal process itself that requires thoughtful attention.
On December 10, the Fort Collins City Council has scheduled a second work session to discuss the issue. We are hopeful they share our eagerness to not only apply a higher degree of integrity but embrace a more streamlined development review process to comply with Proposition 123. Two local housing proposals have already been awarded funding under that initiative, creating some urgency to remove barriers that would otherwise impede expansion of our housing inventory.
Your Chamber supports:
- Limiting the right to appeal to individuals residing or conducting business within the development notification area.
- Disallowing appeals on proposals that are properly zoned and meet all prevailing standards.
- Requiring appellants to post a bond of at least $2,500 to more reasonably compensate for staff time and other costs associated with processing the action (currently, appellants pay a $100 filing fee). If the appeal is successful, the bond could be nullified.
- Requiring appellants to clearly demonstrate actual harm inflicted as result of any modifications of standards granted by the decision-making authority.
- Pre-screening appeals through the office of the City Manager or Municipal Judge to determine whether the grounds for action are adequately substantiated and documented. Spurious claims would be dismissed without further action.
- Allowing successful appellants to recover legal and consultant costs from the City.
We invite you to join the conversation! Click here (https://fortcollinschamber.com/resources/how-to-share-your-voice/) to access Fort Collins City Council contact information and share your thoughts today!