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Home My WebLink About12/15/2023 - Planning and Zoning Commission - AGENDA - Work Session * Work session times are approximate and are subject to change without notice. David Katz, Chair Hybrid Meeting Julie Stackhouse, Vice Chair Conference Rooms C&D Michelle Haefele 281 N College Ave Adam Sass Fort Collins, Colorado 80524 Ted Shepard Samantha Stegner Zoom Webinar York Planning and Zoning Hearing will be held on Thursday, December 21, 2023 in City Hall Chambers or online. Regular Work Session December 15, 2023 Hybrid Meeting Noon – 2:30 p.m. Planning and Zoning Commission Work Session Agenda Participation for this hybrid Planning and Zoning Commission work session will be available in-person, online or by phone. Commission members and staff may be present in-person but interested members of the public and applicant teams are strongly encouraged to participate via Zoom. No public comment is accepted during work sessions. Public Participation (In Person): Individuals who wish to view the work session in person may attend the meeting located at 281 N College Ave in Conference rooms C&D. Public Attendance (Online): Individuals who wish to attend the Planning and Zoning work session via remote public participation can do so through Zoom at https://fcgov.zoom.us/j/99653965432. Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 11:45 a.m. on December 15, 2023. Attendees should try to sign in prior to 12:00 p.m. if possible. In order to attend virtually: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. If you have any technical difficulties during the work session, please email kclaypool@fcgov.com. Public Attendance (Phone): If you do not have access to the internet, you can call into the work session via phone. Please dial: 1-253-215-8782 or 1-346-248-7799, with Webinar ID: 996 5396 5432. Packet pg. 1 City of Fort Collins Page 2 TOPICS: PROJECTED TIMES: Consent: 1. October 25, 2023 Hearing Draft Minutes 2. Bloom Filing Three Multi-Family Dwellings (Kleer) 12:00 – 12:45 Discussion: 3. Strauss Lake Pre-Application Review (Meyer) 12:45 – 1:15 Policy and Legislation: • Council Appeals Process Update 1:15 – 1:45 Commission Topics: • Upcoming Hearing Calendar (Sizemore) • Commission Updates (Sizemore) • Public Engagement Updates (Myler) • Transportation Board Update (Dyrdahl) 1:45 – 2:30 The meeting will be available beginning at 11:45 a.m. Please call in to the meeting prior to 12:00 p.m., if possible. Once you join the meeting: keep yourself on muted status. If you have any technical difficulties during the meeting, please email kclaypool@fcgov.com. The December 21 Planning and Zoning Commission regular meeting will be held with both remote and in-person participation options. Information on remotely participating in the December 21 Planning and Zoning meeting is contained in the agenda for the December 21 meeting available at https://www.fcgov.com/cityclerk/planning- zoning.php. Members of the public wishing to submit documents, visual presentations, or written comments for the Commission to consider regarding any item on the agenda must be emailed to smanno@fcgov.com at least 24 hours prior to the December 21 meeting. Packet pg. 2 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM Date: November 21, 2023 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager Caryn Champine, Director, Planning Development, and Transportation From: Paul Sizemore, Director, Community Development & Neighborhood Services Brad Yatabe, Senior Assistant City Attorney Subject: November 14, 2023 Work Session Summary – Process for Council Appeals to Quasi- Judicial Decisions The purpose of this memo is to document the summary of discussions during the November 14, 2023, Work Session. Five of Seven Councilmembers were present with Councilmembers Peel and Gutowski absent. Staff presenters included Paul Sizemore and Brad Yatabe. At this work session, staff provided an overview of the Council appeals process for quasi-judicial items, reviewed historical data on appeals, discussed due process requirements, and noted issues and considerations as well as potential solutions and improvements. Staff sought feedback from Council on whether issues had been adequately captured and whether Councilmembers would like to see further development of any potential process improvements. Summary of Discussion • Councilmembers expressed interest in making sure there was agreement on the problems we are attempting to solve. • Councilmembers discussed the cost of appeals and the purpose and history of the appeal fee. Staff indicated that additional information could be compiled and provided at a later date (information related to the fee itself is below). • Several Councilmembers expressed interest in exploring an option with no new evidence, or at least clarifying current rules for evidence. Packet pg. 3 • Councilmembers indicated support for clarifying rules around notification and applying uniform rules for testimony. • There was some interest in further exploring the creation of a pre-hearing conference for appeals participants and allowing staff review for defects such as lack of standing. • There was some interest in refining the process for considering fair hearing issues and potentially exploring different options for addressing these allegations. • Councilmembers recounted the discussions about neighborhood meetings and administrative reviews that occurred during the past year’s Land Use Code process and requested a memo outlining that evolution in greater detail. Follow-up Information • During the work session, Councilmembers asked about the cost to file an appeal and when those fees had last been updated. o The fee for an appeal was last updated from $75 to the current $100 occurred effective April 13, 1990 via Ordinance No. 023, 1990. o Additionally, in terms of purpose, 2020 the title of the fee was changed to reflect it is a filing fee and not an appeal fee. Next Steps • Staff will continue to research and develop the concepts Council expressed interest in, anticipating another work session in spring 2024 (dependent upon Council priorities). • Prior to the next work session, staff will research and develop an estimate of City costs associated with processing appeals. • An additional memo will be provided to outline the evolution of neighborhood meetings in the current (2023) Land Use Code, the repealed Land Development Code, and the adopted code slated to go into effect in January 2024. Packet pg. 4 Headline Copy Goes Here Paul Sizemore, CDNS Director Process for Council Appeals to Quasi- Judicial Decisions (COPY FOR P&Z INFORMATION) 11-14-23 Council Appeals Process Packet pg. 5 Headline Copy Goes HerePresentation Outline 2 1. Current Appeals Process 2. Historical Data 3. Due Process Requirements 4. Issues and Considerations 5. Potential Solutions and Improvements Council Appeals Process Packet pg. 6 Headline Copy Goes HereQuestions for Council •Do Councilmembers have feedback on the list of identified issues and considerations in the appeals process? •Are there other issues or considerations that have not yet been identified? •Are there solutions or improvements that Councilmembers would like to see staff further develop and bring forward for consideration? Council Appeals Process Packet pg. 7 Headline Copy Goes HereCurrent Appeal Process- A Broad Overview 4 • Quasi-judicial Commission or Hearing Officer decisions may be appealed to Council • Appeals of administrative decisions go to a Commission (e.g., P&Z or HPC) • “Party in interest” is broadly defined- this determines who can appeal a decision • Appeal can be on the basis of a failure to provide a fair hearing, or failure to properly interpret and apply the Code • Appeal must be submitted within 14 days • Council has the option of a pre-hearing site visit • Time to present during a hearing is divided among those in favor and opposed to the appeal • Council reviews record and hears testimony • Following Council’s decision, a resolution stating findings of fact is adopted at next meeting Council Appeals Process Packet pg. 8 Headline Copy Goes HereHistorical Data: Fours Years of Appeals Heard by Council 5 •Data reflects year the appeal was heard by Council •Average number of appeals is just under 3 per year •Some appeals were filed near the end of the calendar year and were heard in the following year 0 1 2 3 4 5 2020 2021 2022 2023 Appeals Council Appeals Process Packet pg. 9 Headline Copy Goes HereHistorical Data: Types of Appeals 6 •During the past 4 years, at total of 11 appeals have been heard by Council (1 appeal= 9%) •The greatest number of appeals were of Project Development Plans (37%) •The second greatest was appeal of a Historic Designation Determination (27%) 9% 9% 37% 9% 27% 9% TYPE Modification of Standard Standing Determination Project Development Plan Major Amendment Historic Designation Historic Review Council Appeals Process Packet pg. 10 Headline Copy Goes HereDecision Maker Being Appealed 7 •The largest number of appeals heard by Council were decisions by the Historic Preservation Commission •This was followed closely by the Planning and Zoning Commission •Only 18% of appeals were to a Hearing Officer decision 36% 18% 46% Decision Maker Being Appealed Planning and Zoning Commission Hearing Officer Historic Preservation Commission Council Appeals Process Packet pg. 11 Headline Copy Goes HereOutcome of Appeals 8 • Council upheld the decision in a majority of the appeals (55%) • An equal number of decisions were either overturned or remanded to the decision maker (18% each) • One appeal was resolved by determining the appellant did not have standing • One Council decision (to uphold) was appealed to court and then remanded to the original decision maker 55% 18% 18% 9% RESULT Upheld Overturned Remanded No Standing Council Appeals Process Packet pg. 12 Headline Copy Goes Here 9 Due Process Requirements •State and federal law entitle an applicant in a quasi-judicial hearing to procedural and substantive due process. This means: •The adopted procedures for hearings must be followed •Affected persons must be afforded a “fair hearing” with reasonable opportunity to speak and for rebuttal •The decision maker must be “impartial” and “unbiased” •The decision must be based “on the record” (only on information that is a part of the hearing) •The decision maker must apply the proper standards and criteria in making its decision Council Appeals Process Packet pg. 13 Headline Copy Goes HereIssues and Considerations 10 • Does the Councilmember appeal process work? • It is difficult to avoid and discourage ex parte communication from members of the public • Limitations on discussion make it difficult for Councilmembers to prepare for an appeal hearing • Participants in appeals hearings have difficulty understanding the process • Unpredictable set of participants leads to unpredictable hearing dynamics (time allocation, etc.) • Evidentiary issues raised during the hearing can be complicated, inefficient, and difficult to resolve fairly during the hearing • Are the right decisions being appealed at the right stage of the process and the right level of detail for review by Council? Council Appeals Process Packet pg. 14 Headline Copy Goes HerePractices in Other Jurisdictions 11 Notable Features Council Can Initiate Appeal Appeal Only On the Record, No New Evidence Quasi- Judicial Land Use Appeals to Council No appeals to Council of items appealed to Planning CommissionNoYesYesArvada YesNo, may consider new evidence + record YesBoulder Basis for appeal must be specific; Council must affirm unless decision was abuse of discretion or unsupported by record NoYesYesCentennial Council may preliminarily determine if notice of appeal meets application requirements and dismiss if not; Council may hear appeal de novo or limit to issues raised on appeal NoNo, may consider new evidence + record YesColorado Springs Appeals principally heard by Board of AdjustmentNon/aNoDenver Council appeal decisions subject to appeal to municipal courtNoYesYesGolden Council gives deference to decision on appeal; appeals may be filed by any department director or referral agency that provided comments NoYesYesGreeley For major development applications, any resident, the Planning Director, and City Manager have standing to appeal; for minor and administrative applications, City Manager has standing NoNo, may consider new evidence + record YesLongmont Staff may dismiss appeal if lacks standing or sufficient detail to put City on notice of the appeal’s legal basis; no appeals to Council of items appealed to Planning Commission NoYesYesLoveland YesNo, de novo hearingsYesThornton Four Councilmembers must appeal matter, City Manager may also appealYesNo, de novo hearingsYesWestminster Council Appeals Process Packet pg. 15 Headline Copy Goes Here 12 Potential Solutions- Structure Based 1. Provide for no appeal from the decision‐making Commissions or Hearing Officers. 2. Give Council the role of reviewing underlying decisions based on the record 3. Give Council the role of making a new decision on appeals 4. Give Council the role of initial decision maker on certain applications. 5. Create a separate body, like a “Board of Appeals” 6.Create an option for no presentation of oral arguments Council Appeals Process Packet pg. 16 Headline Copy Goes Here 13 Potential Solutions and Improvements- Process Based 1. Change eligibility to file an appeal 2. Narrow the grounds for appeal 3. Narrow or clarify new evidence rules and procedures. 4. Change participation in the appeal hearing to the applicant and appellant. 5. Eliminate the organized site visit. 6. Allow Councilmembers to make written requests for information Council Appeals Process Packet pg. 17 Headline Copy Goes Here 14 Potential Solutions and Improvements- Process Based 7. Adopt standard times for presentation by hearing participants 8. Consider whether written exchanges by Council with City staff may be allowed 9. Make a distinction between the appealability of different application types 10. Create a mandatory pre‐hearing conference 11. Allow submittal of written pre‐hearing arguments to Council. 12. Allow City staff to review notices of appeal for obvious defects Council Appeals Process Packet pg. 18 Headline Copy Goes HereQuestions for Council •Do Councilmembers have feedback on the list of identified issues and considerations in the appeals process? •Are there other issues or considerations that have not yet been identified? •Are there solutions or improvements that Councilmembers would like to see staff further develop and bring forward for consideration? Council Appeals Process Packet pg. 19 Headline Copy Goes Here 16 Council Appeals Process Packet pg. 20 PUBLIC ENGAGEMENT UPDATE Community Development & Neighborhood Services Planning & Development Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax MEMORANDUM Date December 15, 2023 To From Re Chair Katz and Members of the Planning & Zoning Commission Em Myler, Neighborhood Development Liaison December 2023 Public Engagement Update The purpose of this memo is to provide the Commission with an annual review of staff efforts to engage the public in Development Review as well as preview upcoming work of interest. November Public Engagement by the Numbers • Neighborhood meetings - 3 1. Union Park PDP, Nov. 9 2. Library Park Collaborative/East Oak Townhomes, Nov. 16 3. Bloom Tract One, Filing Two, Nov. 29 2023 Public Engagement by the Numbers Neighborhood Meetings 2019 2020 2021 2022 2023 Neighborhood Meetings 17 12 25 22 27 Avg. Participants 22 26 41 32 30 Avg. % of participants on Zoom 0% 100% 100% 93% 44% Avg. # of staff attending -- -- -- 3.48 4 Total letters mailed 6,699 4,119 14,578 8,954 9,092 Residential 12 Commercial 9 Mixed-Use 4 Annexation/Rezoning 2 Other 2 Affordable 7 Packet pg. 21 Websites OurCity: FCGov.com: TWIDR Newsletter 0 1000 2000 3000 4000 5000 6000 7000 Views Per Month 1400 1450 1500 1550 1600 1650 1700 1750 1800 1850 1 2 3 4 5 6 7 8 9 101112131415161718192021222324252627282930313233343536373839404142434445464748 Delivered Newsletters Per Week Packet pg. 22