What is SPAR?

Written By PATHS FOCO

We have been getting this question A LOT from concerned citizens since CSU’s Tony Frank and the Board of Governors (BOG) announced they would move forward with Lennar Homes to construct PRIVATE housing and commercial development at the Hughes stadium parcel by invoking the SPAR review process (video).

Here is what SPAR is, and how CSU and Lennar Homes are attempting to abuse and misuse SPAR to try to build their development at Hughes.

Most importantly: IT IS NOT A DONE DEAL. SO VOTE YES IN APRIL 2021 TO DESIGNATE HUGHES “PUBLIC OPEN LANDS”.

For more info about SPAR, see our FAQs and questions about legality of SPAR at the links below. https://hughesopenspacepetition.com/spar-faqs

First, what is SPAR? SPAR stands for “Site Plan Advisory Review”. It is a section in the Fort Collins land use code intended for public entities to construct new buildings or structures quickly without needing to go through the standard Development Review process of the City. It should be noted that SPAR was heavily amended in 2014, and buried in otherwise minor land use change updates, before being adopted in July 2014, just in time for CSU to use SPAR to construct the on-campus stadium despite massive public opposition (* see note at end). As written, there are THREE requirements that must be met for a development proposal to qualify for the SPAR review process.

What are the THREE requirements for SPAR to apply to a proposed project?

✓ Must be a PUBLIC building or structure

✓ MUST be OWNED or OPERATED by public entities

✓ Must align with current ZONING

 As we know, CSU entered into a purchase agreement with Lennar Homes in January 2019 to build homes and possibly other structures at Hughes (see the CSU/Lennar purchase agreement here). Here are just a few of the problems with CSU’s plans to invoke SPAR for its proposed development on the Hughes parcel.

  • SPAR is intended for PUBLIC entities and improvements to PUBLIC structures or parcels that are to be owned and operated by a PUBLIC entity.
    CSU has entered into a purchase agreement with Lennar Homes, a PRIVATE developer. Both CSU and Lennar will profit off of the sale of PRIVATE homes (and possibly other structures) on this parcel, if CSU gets its development approval via SPAR. PRIVATE development, or even PUBLIC/PRIVATE development, is NOT an applicable use of the SPAR process.


  • Proposed developments that are reviewed under SPAR must align with current zoning of the property in question.
    Hughes is NOT zoned for any type of development, or for anything else for that matter. It is currently zoned “T” for Transitional (a placeholder zoning). By having their proposed development reviewed under SPAR, CSU is violating one of the fundamental requirements of permitted uses for this property—alignment with the current land use designation.


  • SPAR usurps the authority of the City Council, an elected body of representatives, and transfers the power of final approval/disapproval for land use decisions to an unelected body, the Planning and Zoning Board (P&Z Board). Furthermore, SPAR intentionally accelerates the review process and eliminates the right of appeal. Whereas most developmental review processes of the size proposed by CSU for the Hughes parcel generally take on the order of 6 MONTHS to complete, SPAR shrinks that timeline to only 60 DAYS.


  • Even if the proposal in question is rejected by the P&Z Board, the governing body of the public entity (the CSU BOG in this case) can entirely overrule the P&Z Board’s development review decision by a two-thirds vote. To be clear, this means an external, unelected, non-municipal body can assume full authority for land use decisions in our own City, entirely circumventing our Council, P&Z Board, and developmental review procedures. This sets such a dangerous precedent, we don’t even know where to begin. 



  • The right to an appeal is an essential democratic right afforded to the citizens in all matters related to land use and other quasi-judicial decisions. However, SPAR strips away that right from the citizens of Fort Collins and OUR governing body (the City Council). This is unacceptable. 


  • Fort Collins is a home-rule municipality under which Fort Collins citizens are granted the right to decide how our local government is organized and how land use is decided and implemented. Where home-rule municipal law generally increases control of the local government for land use decisions, SPAR does quite the opposite. Fundamentally, It is a loophole that turns over full authority to an external entity that, under normal circumstances, would have to proceed under local regulations and standard Developmental Review processes, and answer to the local government and citizens of the municipality. Again, SPAR strips these rights from us. We can’t allow this to happen.

SPAR must be amended so it does not undermine the authority of our City Council and Fort Collins citizens, sooner rather than later.

But for now, CSU should NOT be allowed to apply the SPAR process to the private housing and commercial development of Hughes for the reasons stated above. CSU and Lennar should go through the standard Development Review process that any other proposed private development would have to proceed under. Contact your Council Members and P&Z Board to make this clear to them!


Furthermore, the best way to prevent CSU from abusing SPAR and moving forward with its private development plans with Lennar, is to VOTE “YES” to designate Hughes “Public Open Lands” in April 2021 (same zoning as Maxwell and Pineridge Natural Areas).

For more info about SPAR, see our FAQs and questions about legality of SPAR at the links below. https://hughesopenspacepetition.com/spar-faqs

* Note: Ted Shepard and Cameron Gloss were the Fort Collins City Planning Staff assigned to the 2014 land use updates, and they recommended adoption of the updates to the P&Z Board, and eventually, City Council via the Consent Agenda.
It should be noted that SPAR was heavily amended in 2014, and buried in otherwise minor land use change updates, before being adopted in July 2014, just in time for CSU to use SPAR to construct the on-campus stadium despite massive public opposition (resolution by CSU BOG passed in December 2014). Ted Shepard, after retiring in the Spring of 2019, was recently appointed to the P&Z Board, a citizen Board, despite having been the Chief City Planner for Fort Collins for 30 years. Cameron Gloss is the City’s Long Range Planner, and is once again assigned to the CSU/Lennar proposal for the Hughes stadium parcel.


References

  • Relevant Fort Collins LUC sections: 

  • May 7, 2014: Planning and Zoning Board Minutes, page 4, discussion about SPAR (LINK TO MINUTES)

  • July 1, 2014 City Council Agenda Item 6, Second Reading of Ordinance No. 086, 2014, Making Various Amendments to the Land Use Code (LINK TO AGENDA ITEM)

  • November 19, 2020: CSU’s Conceptual Review Hearing for Hughes Redevelopment via SPAR, City of Fort Collins

  • SPAR FAQs - PATHS Website

PATHS FOCO
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