HomeMy WebLinkAbout04/12/2019 - Planning And Zoning Board - Agenda - Work Session* Work session times are approximate and are subject to change without notice.
Jeff Hansen, Chair Conference Room A
Christine Pardee, Vice Chair 281 N. College Avenue
Michael Hobbs Fort Collins, Colorado
Per Hogestad 80524
Ruth Rollins
Jeffrey Schneider
William Whitley
Planning and Zoning Hearing will be held on Thursday, April 18, 2019, in City Hall Chambers.
Regular Work Session
April 12, 2019
281 N. College Avenue – Conference Room A
Noon – 3:00 pm
TOPICS: PROJECTED TIMES:
*City Council representatives will attend to address the board
about various items*
12:00 – 12:15
UConsent:
1. March 21, 2019 Hearing Draft Minutes
12:15 – 12:20
UDiscussion:
2. Continued Item: Sunshine House at Bucking Horse Major Amendment,
MJA #190001 (Leeson)
3. Appeal of 744 Eastdale Minor Subdivision (Leeson)
4. Northfield Project Development Plan (Shepard)
12:20 – 1:30
UPolicy and Legislation:
• Land Use Code – Annual Revisions (Shepard)
1:30 – 1:50
UBoard Topics:
• Notice for Renters (Tatman-Burruss / Frickey)
• Transportation Board Liaison Update (York)
• Training – Board Rules & Procedures (Schmidt)
1:50 – 3:00
***See Special Meeting Notice and Agenda on the following two pages.***
Planning and Zoning Board
Work Session Agenda
Work Session Packet Pg. 1
PUBLIC NOTICE
FOR
SPECIAL MEETING
Date of Posting: 04/05/19
Name of Board/Commission
or Subcommittee: Planning & Zoning Board
Date of Meeting: 04/12/19
Time of Meeting: After the Planning and Zoning Board Work
Session That Begins At 12:00 PM
Location of Meeting: Conference Room A
281 N. College Ave.
Ft. Collins, CO
Reason for meeting: The Board may consider a motion to adjourn into
executive session to consider legal issues related
to Robert’s Rules of Order.
For additional information call: Rebecca Everette
Development Review Manager
970-416-2740
Work Session Packet Pg. 2
Planning and Zoning Board Page 1 April 12, 2019
Jeff Hansen, Chair Conference Room A
Christine Pardee, Vice Chair 281 N. College Ave.
Michael Hobbs Fort Collins, CO 80524
Per Hogestad
Ruth Rollins
Jeffrey Schneider
William Whitley
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Special Meeting
April 12, 2019
After the Planning and Zoning Board Work Session That Begins at 12:00 p.m.
• ROLL CALL
• AGENDA
1. POSSIBLE EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE REGARDING THE
MANNER IN WHICH THE PLANNING AND ZONING BOARD PRACTICES OR POLICIES
MAY BE AFFECTED BY EXISTING FEDERAL, STATE OR LOCAL LAW.
2. DISCUSSION AND POSSIBLE ADOPTION OF ROBERT’S RULES OF ORDER
MODIFICATIONS.
• OTHER BUSINESS
• ADJOURNMENT
Planning and Zoning Board
Hearing Agenda
Work Session Packet Pg. 3
Land Use Code: Revisions
Work Session Packet Pg. 4
Land Use Code: Revisions
Work Session Packet Pg. 5
Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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Land Use Code: Revisions
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April 11, 2019
Dear Members of P&Z Board
In regards to item 1105 of Proposed Spring Land Use Code Changes. We have no issue with the
standards for using the Director as the decision maker, they seem sensible. We do have an issue
with not requiring public notification when the Director makes the decision. We would be in
favor of a notice that said something like: "A variance has been requested at ***. Under the LU
code this level of variance can be approved by the Director in lieu of a hearing before the Zoning
Board of Appeals. If you have any objections to the granting of the variance, please respond by
***." We think this provides relief to the ZBA, while providing for public notification.
Limits were placed in the code for a reason; and noticeable or not, if the limits are exceeded, the
neighbors who could possibly think or feel they are negatively affected should be notified and
allowed to express their reservations. Instead of having their notification be the sound of
construction.
Sincerely,
Paul Patterson
Kathryn Dubiel
Michelle Haefele
Mike Knowles
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Work Session: Training Board Rules & Procedures
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UPLANNING AND ZONING BOARD RULES OF ORDER FOR
UREGULAR AND SPECIAL BOARD MEETINGS
The following commonly used rules of order will govern the conduct of Board business at
regular and special Board meetings. Except as specifically noted, all motions require a second.
These rules of order are based upon Robert's Rules of Order Newly Revised and have been
modified as necessary to conform to existing practices of the Board and to the requirements of
the City Code and Boards and Commissions Manual. For example, while a two-thirds vote is
necessary for the passage of some of the motions listed below under Robert's Rules of Order, all
motions of the Board, except a motion to go into executive session, may be adopted upon
approval of a majority vote of the members present at a Board meeting.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert's Rules of Order for clarification or direction, however, adherence to Robert's Rules of
Order shall not be mandatory, and, in the event of any conflict between these rules of order and
Robert's Rules of Order, these rules of order shall prevail. In the event of any conflict between
these rules of order or Robert's Rules of Order and a City Code or Boards and Commissions
Manual provision, the City Code or Boards and Commissions Manual provision shall prevail.
Any Board member and the presiding officer may make or second any motion, except as
specifically limited by these rules.
UMAIN MOTIONS
• Main motions are used to bring business before the Board for consideration and action.
• A main motion can be introduced only if no other business is pending.
• All main motions require a second and may be adopted by majority vote of those
Board members present and voting, except that a motion to go into executive session
requires a two-thirds vote of those present.
• A main motion may be made or seconded by any Board member, including the presiding
officer.
•A main motion is debatable and may be amended.
USUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it,
delaying action on it, or disposing of it.
1. UMotion to Amend.U The point of a motion to amend is to modify the wording and, within
certain limits, the meaning of a pending motion before the pending motion itself is acted
upon.
• A motion to amend, once seconded, is debatable and may itself be amended once.
• A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
• Once a motion to amend has been seconded and debated, it is decided before the main
motion is decided.
Work Session: Training Board Rules & Procedures 2
Work Session Packet Pg. 31
• Certain motions to amend are improper.
o For example, an amendment must be "germane" to be an order. To be germane,
an amendment must in some way involve the same question that is raised by the
motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that would
merely make the adoption of the amended question equivalent to a rejection of the
original motion, or one that would make the question as amended identical with,
or contrary to, one previously decided by the Board during the same session.
• "Friendly" amendments acceptable to the maker and the seconder of the main motion do
not require a second and are permissible at any time before a vote is taken on motions to
amend the main motion.
2. UWithdrawal of a Motion.U After a motion has been seconded and stated by the presiding
officer it belongs to the Board as a whole and the maker may withdraw his or her motion
unless one or more members of the Board objects, in which case the majority of the
Board must consent to withdrawal of the motion.
3. UMotion to Postpone to a Certain Time (or Definitely).U This is the motion by which action
on an agenda item or a pending motion can be put off to a definite day, meeting or hour,
or until after a certain event has occurred.
• A motion to postpone definitely can be debated only to the extent necessary to enable
the Board to determine whether the main motion should be postponed and, if so, to what
date or time.
• Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. UMotion to Lay on the Table.U A motion to table is intended to enable the Board to lay the
pending question aside temporarily, but only when something else of immediate urgency
has arisen.
• Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. UMotion to Postpone Indefinitely.U A motion to postpone indefinitely is, in effect, a motion
that the Board decline to take a position on an agenda item or main motion.
• Adoption of a motion to postpone indefinitely kills the agenda item or main motion and
avoids a direct vote on the item or motion. It is useful in disposing of an item or motion
that cannot either be adopted or expressly rejected without undesirable consequences.
• A motion to postpone indefinitely is debatable but not amendable.
6. U"Calling the Question.”U “Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
Work Session: Training Board Rules & Procedures 2
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• If any member objects to ending the debate, the presiding officer should ask if there is a
second to the motion and, if so, he must immediately take a vote on whether to end
debate.
• A motion to call the question is not debatable or amendable.
UINCIDENTAL MOTIONS
These are motions which usually apply to the method of conducting business rather than to the
business itself.
1. UPoint of Order.U If a Board member thinks that the rules of order are being violated, he or
she can make a point of order, thereby calling upon the presiding officer for a ruling and
an enforcement of the regular rules.
• A "point of order" takes precedence over any pending question out of which it may arise
and does not require a second.
• A "point of order" is not amendable.
• Technically, a "point of order" is not debatable, however:
o With the presiding officer's consent, the member raising the point of order may
be permitted to explain his or her point.
o In response to a point of order, the presiding officer can either immediately rule,
subject to appeal to the Board, or the presiding officer can refer the point of order
to the judgment of the Board, in which case the point becomes debatable.
o In making his or her ruling, the presiding officer may consult with the City
Attorney or request the advice of experienced members of the Board.
o No member has the right to express an opinion unless requested to do so by
the presiding officer.
• When the presiding officer has made a ruling, any two Board members can appeal the
ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the Board.
o A tie vote sustains the decision of the presiding officer.
• If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. UPoint of Information.U Robert's Rules of Order provides for a "point of information" or a
"request for information" which is appropriate in the formal setting of a large legislative
body. Because Board consideration of an item is generally an opportunity to request
information and ask questions, the formal "point of information" procedure provided in
Robert's Rules is not needed or appropriate for Board meetings.
3. UMotion to Divide a Question.U If a motion relating to a single subject contains several
parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct
questions by the adoption of a motion for division of the question.
• A motion to divide a question, if seconded, takes precedence over the main motion and
is not debatable.
Work Session: Training Board Rules & Procedures 2
Work Session Packet Pg. 33
• The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case the
amended form of the motion, if seconded, would be decided first.
• Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
4. UMotion to Suspend the Rules.U When the Board wishes to do something that it cannot do
without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
• A motion to suspend the rules can be made at any time that no question is pending and
can be applied to any rule except those that are fundamental principles of the City Code,
Boards and Commissions Manual, or other applicable laws.
• This motion is neither debatable nor amendable.
URESTORATIVE MOTIONS
These are motions that bring a question again before the Board for its consideration.
1. UMotion to Take from the Table.U The object of this motion is to take from the table and
make pending again before the Board a motion or series of adhering motions that
previously had been laid on the table.
• A motion to take an item from the table is neither debatable nor amendable.
• When a question is taken from the table, it is before the Board with everything
adhering to it, exactly as it was when laid on the table.
2. UMotion to Reconsider.U This motion enables a majority of the Board to bring back for
further consideration a motion which has already been voted on.
• A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
• The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
erroneous action, or to take into account added information or a changed situation that
has developed since the taking of a vote.
• When a member who cannot make a motion for reconsideration believes that there are
valid reasons for one, he or she can try, if there is time or opportunity, to persuade
someone who voted with the prevailing side to make such a motion.
• A motion to reconsider is debatable whenever the motion proposed to be reconsidered
was debatable. And, when debatable, opens to debate the merits of the question to be
reconsidered.
• A motion to reconsider is not amendable.
• The effect of the adoption of a motion to reconsider is that the question on which the
vote was reconsidered is immediately placed before the Board in the exact position it
occupied the moment before it was voted on originally.
Work Session: Training Board Rules & Procedures 2
Work Session Packet Pg. 34
3. UMotion to Rescind or Amend Something Previously Adopted.U By means of the motions
to rescind or to amend something previously adopted, the Board can change an action
previously taken or ordered.
• A motion to rescind or amend something previously adopted is debatable and
amendable.
• In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no action has
been taken by anyone in the interim that cannot be undone), and these motions can be
moved by any member of the Board, regardless of how he or she voted on the original
question.
• The effect of passage of this motion is not to place the matter back before the Board as
it was just prior to a vote being taken .
o Instead, it either entirely nullifies the previous action or modifies it, depending
upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something previously
adopted should be carefully considered if third parties may have relied to their
detriment on the previous action.
• In order to modify an adopted ordinance, the Board must adopt a new ordinance making
the desired modification, in compliance with all formalities applicable to adoption of an
ordinance.
UPRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate
consideration, even when another motion is pending. This is because these motions do not relate
to the pending business but have to do with special matters of immediate and overriding
importance which, without debate, should be allowed to interrupt the consideration of anything
else.
1. UMotion to Adjourn.U Generally, the presiding officer adjourns the meeting at his or her
discretion at the completion of the agenda. However, any Board member may move to
adjourn the meeting at any time.
• A motion to adjourn requires a second.
• A motion to adjourn is always a privileged motion except when/the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future time.
o Such a conditional motion is not privileged and is treated just as any other main
motion.
o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
• An unconditional, privileged motion to adjourn takes precedence over most other
motions.
• The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
Work Session: Training Board Rules & Procedures 2
Work Session Packet Pg. 35
2. UMotion to Recess.U A motion to recess is essentially a motion to take a break during the
course of a Board meeting.
• A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main motion
and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another question is
pending, in which case it takes precedence over all subsidiary and incidental
motions and most other privileged motions. It is not debatable and is amendable
only as to the length of the recess.
• After a recess, the meeting resumes when the presiding officer has called the meeting
back to order.
Work Session: Training Board Rules & Procedures 2
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