Understanding the 1041 Process#
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Please reach out to the City's 1041 Review staff BEFORE scheduling a Pre-Application Meeting; we will provide you with an application checklist and explain any specific requirements and/or information needed.
When providing you the application, we will ask some questions to determine if a 1041permit is needed. We may also ask about they type of project proposed, activities at the project site, project timeline, and advise on potential additional regulatory requirements.
Refer to Land Use Code, Section 6.27.6.3, Pre-Application Area or Activity Review
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At the Consultation Meeting, the City will provide a list of basic project information needed to begin the review process.
Access the FONSI Application Submittal Checklist and Guide for details on what is required to be included in the application.
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City staff will work with the applicant to ensure that key project milestones have been analyzed for the submittal:
- The application is complete and includes all required information and documentation
- Significant impacts have been determined and adequately summarized and addressed in the application
- Mitigation plans have been created and are included in the application
Additionally, all of the items in Section 6.27.6.3 must be addressed fully in the application materials. Once City planning staff determine that the application contains the required information, the applicant will officially submit the application and payment.
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Once City staff have determined that the application is complete, the proposed project must go through a public notice period, which allows interested parties to learn more about how the proposed project may impact resources. At the applicant's cost, notices are mailed out to owners and occupants within 1,000-feet of the impact area. The project will also be listed on the City's Development Review website.
The public notice period will last 15-days from the date of notification mailing to allow anyone to submit written comments for staff review consideration. Project determinations will not be made during this time.
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At least 14 days after the public notice, City staff will complete the project review and determine if the proposed project has the potential to adversely impact any of the following:
- Existing or planned City natural areas or parks
- City-owned property
- Colorado Parks and Wildlife (CPW) buffers for high priority habitat
- High priority habitat and/or natural habitat corridors
- Natural features, as defined by the LUC
- Historic and/or cultural resources
- Disproportionately impacted communities
The Director of Community Development and Neighborhood Services can make one of the following three determinations:
- Finds that the project will have no significant impact, a Finding of No Significant Impact (FONSI) will be issued and the project can proceed without a full 1041 permit.
- FONSI approved with conditions
- Finds that a FONSI is not appropriate and a full 1041 permit is necessary
If a FONSI is issued, City staff will provide the written determination to the applicant by email and mail. Additionally, at the applicant's cost, a copy of the determination will be mailed to property owners and occupants within 1,000-feet in all directions of the location of the proposed development plan. It will also be posted on the City's Development Review webpage.
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The Director’s determination whether to issue or not to issue a FONSI is subject to appeal to the Planning and Zoning Commission pursuant to Land Use Code Section 6.3.12(D).
The Planning and Zoning Commission decision on the appeal is further subject to appeal to City Council pursuant to the Code of the City of Fort Collins Ch.2, Art. 2, Div. 3.
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If City staff determines that a full permit is required, the proposed project will be subject to additional review and regulation. Before the permit application is considered complete, a neighborhood meeting is required. The meeting may be held no sooner than 15-days after the date of Staff's FONSI determination.
At the applicant's cost, notifications for the neighborhood meeting will be mailed to the property owners and occupants within 1,000-feet in all directions of the location of the proposed project and will also be posted on the City's website.
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In addition to the materials and specific submission requirements for areas and activities of statewide interest (see LUC 6.27.8 and 6.27.9), all applications for a full permit must include, at minimum, the following materials:
- The completed application form and submittal checklist;
- Any plan, study, survey or other information, in addition to the information required in Section 6.27.6.7, at the applicant's expense, as required by the City to enable the review and determination on the application. Such additional information may include applicant's written responses to comments by a referral agency.
Additional materials may be required by the Director for a particular type of proposed development plan. If the applicant has prepared or submitted materials for a federal, state, county or city permit which are substantially the same as required for the City of Fort Collins 1041 review, a copy of those materials may be submitted to satisfy the corresponding requirements. City staff will work with the applicant to ensure that applications are complete before official submittal.
Applicants may submit an application only after waiting a 15-day period after the FONSI determination.
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Upon submittal of the application, the Director shall determine whether the application is complete or whether additional information is required, and if so, shall inform the applicant and pause the completeness review until information is received.
- Please note that no permit applications are processed, or deemed complete, until the Director has determined it to be complete. This means that City staff must have all the information they require to review the permit before the permit can officially be deemed complete.
No Determination of Completeness may exceed 60-days unless one or more of the following occurs:
- The Director determines in writing that more than 60-days is necessary to determine completeness in consideration of the size and complexity of the proposed development plan or available City resources. In such case, the Director will determine how many additional days are needed, which shall not exceed 60 additional days; or
- The Director and the applicant agree in writing to exceed 60-days.
When the Director makes the final determination that an application is complete, or that the time limit has elapsed even though the application may not be complete, the Director will inform the applicant in writing of the date of its receipt. It is at this point that the City's formal review process will begin.
When an application has been determined complete (see LUC 6.27.6.8) the permit review process will begin. At that time, the following schedule applies:
- No later than 30-days after the receipt of a completed application, the Director will schedule a hearing before City Council. The thirty (30) day period to schedule the hearing may be extended if the applicant agrees to an extension in writing. Prior to such hearing, the Planning and Zoning Commission shall forward a recommendation to City Council to approve, approve with conditions, or deny the permit application.
- The Director may retain third-party consultants, at the applicant’s expense, necessary to assist City staff in reviewing a complete permit application or assist City Council in rendering a decision on a permit.
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No later than 30-days after the receipt of a completed application, the Director will schedule a hearing before City Council. The 30-day period to schedule the hearing may be extended if the applicant agrees to an extension in writing. Prior to such hearing, the Planning and Zoning Commission shall forward a recommendation to City Council to approve, approve with conditions, or deny the permit application.
Upon setting a permit hearing date, the Director shall publish notice once in a newspaper of general circulation in the City of Fort Collins containing:
- The date, time, and place of the permit hearing not less than 30 nor more than 60-days before the date set for the hearing. The thirty and sixty day periods may be extended if the applicant agrees to an extension in writing.
Once the Planning & Zoning Commission hearing has been scheduled, the timeline will proceed as follows:
- The date, time and place of the Planning & Zoning Commission hearing (where a recommendation will be made on the proposed project) will be made at least 7-days prior to the hearing.
- At least 14-days prior to the City Council permit hearing, the City will mail notice of the date, time and place of the hearing to the applicant and to property owners as required in LUC Section 6.3.6.
- Notice of the Planning & Zoning Commission hearing (where a recommendation will be made) will also be mailed at least 14-days prior to the hearing.
- Steps 2 and 3 may be combined into one mailer and provide notice for both the Planning & Zoning Commission hearing and the City Council hearing on the proposed project.
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City Council will review the permit application and vote to either approve, approve with conditions, or deny the permit.
City Council may close the public hearing and make a decision, or may continue the matter for a decision only. Regardless, Council must make a majority-vote decision within 90-days after the closing of the public hearing, or the permit is deemed approved.
City Council will adopt by resolution, findings of fact in support of its decision and, if approved, the written permit shall be attached to such resolution. Time-lapsed approvals will not be eligible for such resolutions.
Issuance of a permit signifies only that a development plan has satisfied, or conditionally satisfied, the applicable Regulations, and prior to commencing any development, conditions of the permit, additional Land Use Code, Code of the City of Fort Collins, other City requirements, or other state or federal requirements, may need to be met.
If the permittee fails to take substantial steps to initiate the permitted development plan within 12-months from the date of the approval of the permit or such other time period specified in the permit, or if such steps have been taken but the applicant has failed to complete the development with reasonable diligence, then the permit may be revoked or suspended in accordance with Section 6.27.11.1. This time may be extended by the Director for only one additional year upon a showing of substantial progress.
If City Council finds the development plan does not comply with all applicable standards, City Council may impose conditions pursuant to Section 6.27.6.15 which, if fulfilled, would bring the development plan into compliance with all applicable standards. In such an instance, Council may approve the permit with the additional conditions.
City Council may attach conditions to the permit pursuant to Section 6.3.9 and additional conditions to ensure that the purpose, requirements, and standards of the regulations are continuously met throughout the development, execution, operational life, and any decommissioning period. A development agreement between the City and the permittee may be required as a condition of approval.
A permit application satisfactorily demonstrates that the development plan, in consideration of all proposed mitigation measures and any conditions, complies with all applicable standards.
Subject to Section 6.27.6.13 and Section 6.27.11.1, the permit may be issued for an indefinite term or for a specified period of time with such period depending upon the size and complexity of the development plan.
If City Council finds the development plan does not comply with all applicable standards, the permit shall be denied.
If City Council finds that there is insufficient information concerning any of the applicable standards to determine that such standards have been met, City Council may deny the permit, may approve with conditions pursuant to Section 6.27.6.15 which if fulfilled would bring the development plan into compliance with all applicable standards, or may continue the public hearing or reopen a previously closed public hearing for additional information to be received. However, no continuance to receive additional evidence may exceed 60-days unless agreed to by City Council and the applicant.