Planning commission debates keeping FCOS overlay versus folding standards into code; development agreements recommended for flexibility

Commissioners debated whether to retain the FCOS (overlay) that applies canyonwide or to fold those standards into the base zoning. Several commissioners said FCOS offers stronger notice to property owners because the overlay appears on parcel records and maps; others argued incorporating the standards directly into the development code would simplify administration.

Richard Plene recommended copying well-crafted FCOS language used elsewhere and warned excessive, unarticulated discretion invites appeals. "If you're making something a waiver that's discretionary, we just need to make sure we're doing it in a way that's predictable," he said. Plene suggested requiring articulated findings and decision criteria for waiver processes and said development agreements may be suitable where a municipality seeks additional design controls — but cautioned that development agreements must be voluntary and approved legislatively.

Commissioners also discussed slope waivers and whether requiring a development agreement for certain waiver types would be appropriate; Plene said the approach can work if the waiver remains discretionary and does not render a property unusable (which could create a taking where there is no economically viable use).

Why it matters: The FCOS debate affects how strictly the canyon’s steep slopes and other resource-protection standards are applied and how predictable discretionary waivers will be. Commissioners explored options that preserve strong standards while providing a predictable, defensible waiver process.

Next steps: Staff to analyze options — retain overlay vs. integrate standards — and draft potential waiver language and development-agreement templates for commission review.