HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2021 - RESOLUTION 2021-038 AUTHORIZING CERTAIN QUASI-JUDI Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY April 20, 2021
City Council
STAFF
Rebecca Everette, Development Review Manager
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
Resolution 2021-038 Authorizing Certain Quasi-Judicial Land Use Hearings to be Conducted Remotely
Pursuant to Ordinance No. 079, 2020, Including the Guardian Self Storage Project Development Plan Appeal,
NE Prospect & I-25 Frontage Road Annexation and Zoning, NE Prospect & I-25 Rezone, Fort Collins-Loveland
Water District Expansion and Addition of Permitted Use, and Timberline-International Addition of Permitted
Use.
EXECUTIVE SUMMARY
The purpose of this item is to consider five exceptions to Ordinance No. 079, 2020, adopted by Council on
June 16, 2020, to allow one appeal, one initial zoning, one rezoning and two addition s of permitted use items
to proceed to public hearings using remote technology.
Ordinance No. 079, 2020, authorizes Council and boards and commissions such as the Planning & Zoning
Board (P&Z) to hear quasi-judicial items, but specifically excludes from that authorization decisions related
to zoning/rezoning, appeals, and the addition of permitted uses. Ordinance No. 079, 2020, does, however,
allow Council, by motion adopted by at least five Councilmembers, to authorize exceptions to such exclusion.
To authorize remote hearings for the listed items, Council must find that such hearings are pressing and
require prompt action and that virtual technology will provide for suffic ient public participation and input.
Ordinance No. 079, 2020, required that to be heard remotely, “a quorum of the Planning and Zoning Board or
Council are present in the hearing room for the respective Quasi -Judicial Hearing Items, and the public may
participate in person. Staff requests that Council forego the in-person requirement in authorizing these
zoning/rezoning, appeal, and addition of permitted use matters to be heard due to the ongoing COVID -19
pandemic. At this time, Council and all boards and commissions have successfully held fully remote meetings,
and the technological concerns that lead to the requirement in Ordinance No. 079, 2020, have been mitigated.
Appeal:
1. Guardian Self Storage Project Development Plan Appeal (appeal of Planning & Zoning Board’s decision
to Council, scheduled for June 1)
Initial Zoning:
2. NE Prospect & I-25 Frontage Road Annexation and Initial Zoning (initiating resolution scheduled for May 4,
P&Z recommendation scheduled for May 20, Council first reading scheduled for June 15)
Rezoning:
3. NE Prospect & I-25 Rezone (P&Z recommendation scheduled for May 20, Council first reading scheduled
for June 15)
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Addition of Permitted Use (APU):
4. Fort Collins-Loveland Water District Expansion and Addition of Permitted Use (in review and awaiting P&Z
recommendation and Council final determination)
5. Timberline-International Addition of Permitted Use (in review and awaiting P&Z review) and any appeal to
City Council of the P&Z decision.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
These five exception requests are awaiting public hearings with the Planning and Zoning Board (P&Z) and/or
Council but are currently prohibited under Ordinance No. 079, 2020, from being heard remotely. A quasi-
judicial hearing is considered a remote meeting if one or more Council or board or commission member
participates virtually. Due to the COVID-19 public health emergency, it could still be months before all board
and commission members are once again comfortable attending meetings in-person. Ordinance No. 079,
2020, authorizes certain types of remote meetings for quasi -judicial items but specifically excludes decisions
related to zoning/rezoning, appeals, and additions of permitted use. Ordinance No. 079, 2020, allows Council
to consider, on a case-by-case basis, exceptions to these specific exclusions.
EXCEPTIONS FOR REMOTE HEARINGS
Section 8 of Ordinance No. 079, 2020, allows Council to consider exceptions on a case -by-case basis, as
follows:
“Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional
types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to
proceed using remote technology, provided the Council determines that the authorized action is
pressing and requires prompt action and that the remote technology available for the proceeding will
provide sufficient public participation and input called for by the type of meeting, hearing or proceeding
or the individual matter, as applicable, in light of the specific circumstances.”
In considering whether the exception requests are pressing and require prompt action, Council may wish to
consider the following issues:
• Whether staff and applicants have completed the appropriate steps of the development review process
that precede these hearings such as public outreach and staff analysis.
• The ability of remote participation to provide applicants, appellants and property owners with a predictable
decision-making process that affords due process to all affected parties.
• The degree of community interest in the exception requests.
Staff believes that remote technology would provide a sufficient opportunity for public participation for the
exception requests. The Zoom technology platform currently used by P&Z and Council accommodates multiple
options for participation, including both online and phone participation. In addition, written comments will
continue to be accepted by staff in advance of all hearings. P&Z has been conducting virtual work sessions
and hearings since May 2020, which have allowed for sufficient testing of the technology. P&Z has also
conducted several hybrid hearings, with some members physically present and others participating remotely,
and the option for the public and applicants to appear either in person or remotely. During this time period,
P&Z has heard eight items and Council has heard ten items that received prior Council exceptions to
Ordinance No. 079, 2020, and the hearings have gone well with respect to participation by the public,
applicants, staff, board members and Council members. Subsection 4.D of Ordinance No. 079, 2020, also
requires that:
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“Any person or applicant seeking a quasi-judicial decision from ... a City board or commission
… under the City Code or the City’s Land Use Code, shall be notified in writing or by email of
the intention to conduct a Quasi-Judicial Hearing using Remote technology. Such person or
applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time
as the Hearing can be conducted in person. Any person or applicant proceeding with and
participating in a Quasi-Judicial Hearing using Remote technology shall be deemed to have
consent to such method of providing the Quasi-Judicial Hearing.”
Before any items are scheduled for a hearing using remote technology, staff will notify all applicants and
appellants, as applicable, of the intent to conduct the hearing remotely. If an applicant or appellant requests
that the item be delayed until the time an in-person hearing can be held, then staff will work to accommodate
those requests within any applicable timeframes established in the Land Use Code.
ITEM DESCRIPTIONS
The following items are currently in process and awaiting f inal action by P&Z and/or Council:
Item Type Decision Maker Status
1. Guardian Self Storage
Project Development Plan
Appeal
Appeal of Planning &
Zoning Board decision
City Council Scheduled for June 1
Council Meeting
2. NE Prospect & I-25
Annexation and Initial
Zoning
Property-owner initiated
annexation and initial
zoning
City Council, with
P&Z
recommendation
In review and awaiting
P&Z recommendation
(May) and Council final
decision (June)
3. NE Prospect & I-25
Rezone
Property-owner
initiated rezone
City Council, with
P&Z
recommendation
In review and awaiting
P&Z recommendation
(May) and Council final
decision (June)
4. Fort Collins-Loveland
Water District Expansion
and Addition of Permitted
Use
Addition of permitted
use (APU) for a
office/public facility
expansion in the Low
Density Residential
Zone District
City Council, with
P&Z
recommendation
In review and awaiting
P&Z recommendation and
Council final decision
5. Timberline-International
Addition of Permitted Use
Addition of permitted
use (APU) for a drive-
thru restaurant in the
Industrial Zone District
Planning and
Zoning Board
In review and awaiting
P&Z final decision
1. Guardian Self Storage Project Development Plan Appeal
This item is the appeal of a decision by the Planning & Zoning Board (P&Z) to approve an enclosed mini-
storage facility at the northeast corner of South College Avenue and Fossil Creek Parkway. P&Z approved the
project with conditions at the March 11 P&Z hearing, and an appeal was timely filed on March 25, 2021.
In normal circumstances, the City Code requires the City Clerk to schedule an appeal hearing no more than 77
days after the filing of the appeal. Therefore, the deadline for Council to hear the appeal under normal (non -
emergency) circumstances would be June 10, 2021 (City Code Chapter 2, Article II, Division 3, Section 2-52).
Code Section 2-52(c) allows for the appeal to take place outside of the 77-day window in the event the City
Manager has obtained Council approval (by motion or resolution) to extend the time for hearing the appeal due
to “scheduling difficulties.” The appeal is currently scheduled on Council’s Planning Calendar for June 1, 2021.
Staff is in the process of confirming that the appellant and applicant are both available on this date and are
comfortable with a hearing using remote technology.
Staff believes that remote technology will provide for sufficient public participation and input for this appeal, as
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the technology has already been fully tested for projects with varying levels of complexity and public interest,
including other appeals of development project decisions.
2. NE Prospect and I-25 Frontage Road Annexation and Initial Zoning
Per Colorado Revised Statutes Section 31-12-115, a municipality, shall assign zoning to a property within 90
days of the effective date of an annexation ordinance. P&Z (and then Council) considers both the annexation
and initial zoning of a property at the same public hearing. This exception request relates only to the zoning
aspect, since Ordinance No. 079, 2020 allows annexations to be processed at a remote hearing. The
annexation and zoning for the NE Prospect and I-25 Frontage Road have been initiated by the property owner
as a precursor to future development plans.
Staff believes that remote technology will provide for sufficient public participation and input for the zoning of
this item, as the technology has already been fully tested for projects with varying levels of complexity and
public interest.
3. NE Prospect and I-25 Rezone
This item is a request to rezone a portion of the property located at the northeast corner of Prospect R oad and
I-25 from Urban Estate (U-E) to Industrial (I), which would match the zoning for an adjacent parcel. The
application was submitted to the City on behalf of the property owner on January 29, 2021 and is currently in
review by staff. Once the staff review is complete, the request will be presented to P&Z for a recommendation
to Council. The project may be ready for P&Z consideration as soon as May 2021.
Staff believes that remote technology will provide for sufficient public participation and input for this rezoning,
as the technology has already been fully tested for projects with varying levels of complexity and public
interest.
4. Fort Collins-Loveland Water District Expansion and Addition of Permitted Use
This project is a request for an Overall Development Plan to expand the Fort Collins -Loveland Water District
Campus at 5150 Snead Drive, which requires approval of an Addition of Permitted Use (APU). The property
straddles two zone districts, General Commercial (CG) and Low Density Residential (RL). The office/public
facility use is not permitted in the RL district, so an APU process is required to consider the expansion of the
use into that zone district. This project was su bmitted to the City on behalf of the property owner on March 10,
2021 and is currently in review by staff. Once the staff review is complete, the request will be presented to P&Z
for a recommendation to Council. The project may be ready for P&Z considerati on as soon as June 2021.
Staff believes that remote technology will provide for sufficient public participation and input for this Addition of
Permitted Use, as the technology has already been fully tested for projects with varying levels of complexity
and public interest.
5. Timberline-International Addition of Permitted Use
This is a request for a Project Development Plan with an Addition of Permitted Use for the property at the
northwest corner of North Timberline Road and International Boulevard. The proposal includes two mixed-use
commercial/industrial buildings and a drive-thru restaurant, which is the subject of the Addition of Permitted
Use request. Drive-thru restaurants are not permitted in the Industrial (I) zone district. This project was
submitted to the City on behalf of the property owner on October 2, 2020 and is currently in review by staff.
Once the staff review is complete, the request will be presented to P&Z for a final decision. The project may be
ready for P&Z consideration as soon as June 2021.
Staff believes that remote technology will provide for sufficient public participation and input for this Addition of
Permitted Use, as the technology has already been fully tested for projects with varying levels of complexity
and public interest.
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CITY FINANCIAL IMPACTS
There are no direct financial impacts to the City related to these items. However, if multiple development
projects experience significant process delays, it could impact the local economy more generally in the form of
sales and use tax.
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RESOLUTION 2021-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CERTAIN QUASI-JUDICIAL LAND USE HEARINGS TO BE
CONDUCTED REMOTELY PURSUANT TO ORDINANCE NO. 79, 2020, INCLUDING
THE GUARDIAN SELF STORAGE PROJECT DEVELOPMENT PLAN APPEAL,
NE PROSPECT & I-25 FRONTAGE ROAD ANNEXATION AND ZONING,
NE PROSPECT & I-25 REZONE, FORT COLLINS-LOVELAND WATER DISTRICT
EXPANSION AND ADDITION OF PERMITTED USE,
TIMBERLINE-INTERNATIONAL ADDITION OF PERMITTED USE
WHEREAS, in response to the public health emergency resulting from the spread of the
Novel Coronavirus 2019 (“COVID-19”), the City Manager proclaimed a local emergency on
March 13, 2020, and City Council extended such proclamation with its adoption of Resolution
2020-030; and
WHEREAS, to protect Councilmembers, appointed board and commission members,
members of the public, and City staff from COVID-19 while allowing City Council and board
and commission meetings to be conducted, City Council authorized remote participation in
meetings using remote technology by adopting Emergency Ordinance No. 054, 2020, which was
superseded by Ordinance No. 061, 2020, which in turn was superseded by Ordinance No. 079,
2020, adopted on second reading on June 16, 2020; and
WHEREAS, Section 4.B. of Ordinance No. 079, 2020, prohibits certain quasi-judicial
hearings from occurring unless, as stated in Section 8, Council adopts a motion by the
affirmative vote of five members that authorizes an otherwise prohibited quasi-judicial hearing to
occur after finding that: (1) the quasi-judicial hearing item is pressing and requires prompt
action; and (2) that the remote technology enabling remote participation will provide sufficient
public participation and input; and
WHEREAS, the prohibited quasi-judicial hearings listed in Section 4.B. of Ordinance
No. 079, 2020, are as follows:
1. Appeals of any decision as such appeals may be authorized under the City of Fort
Collins Municipal Code and Land Use Code. Variances considered by the Zoning
Board of Appeals are not "appeals" under this provision.
2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code Division 2.9.
3. Addition of Permitted Use matters pursuant to the Land Use Code Section 1.3.4;
and
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WHEREAS, Section 8 of Ordinance No. 079, 2020, allows Council to con sider
exceptions to in-person hearings on a case-by-case basis, as follows:
Section 8. The Council may, by the affirmative vote of five members on a motion
authorized additional types of meetings, hearings or proceedings, or individual matters
otherwise not allowed hereunder, to proceed using Remote Technology, provided the
Council determines that the authorized action is pressing and requires prompt action and
that the Remote Technology available for the proceeding will provide sufficient public
participation and input called for by the type of meeting, hearing or proceeding or the
individual matter, as appliable, in light of the specific circumstances;
and
WHEREAS, the following quasi-judicial hearing items (“Quasi-Judicial Hearing Items”)
have been submitted to the City for consideration but are prohibited from being heard remotely
under Section 4.B. unless Council otherwise authorizes them to proceed:
1. An appeal of the March 11, 2021, Planning and Zoning Board approval with conditions
of the Guardian Self Storage Project Development Plan PDP190020;
2. NE Prospect & I-25 Frontage Road Annexation and Initial Zoning;
3. NE Prospect & I-25 Rezone;
4. Fort Collins-Loveland Water District Expansion and Addition of Permitted Use; and
5. Timberline-International Addition of Permitted Use and any appeal to City Council;
and
WHEREAS, the City Council has, after due consideration, determined that the Quasi -
Judicial Hearing Items should be permitted to proceed to completion of the City’s processes
using remote technology because (1) the Quasi-Judicial Hearing Items are pressing and require
prompt action, (2) the remote technology enabling remote participation will provide sufficient
public participation, and (3) input and remote participation pursuant to the requirements of
Ordinance No. 079, 2020 will ensure that the due process requirements under the United States
and Colorado constitutions are met; and
WHEREAS, granting the requests to allow the Quasi-Judicial Hearing Items to be heard
remotely is in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Quasi-Judicial Hearing Items may be heard by the Planning and
Zoning Board and City Council, as applicable, whether as an original matter or on appeal, using
remote technology in accordance with Ordinance No. 079, 2020.
Section 3. That this Resolution was approved for adoption by the affirmative vote of
at least five Councilmembers as required by, and in satisfaction of, Section 8 of Ordinance No.
079, 2020.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of April, A.D. 2021.
Mayor
ATTEST:
City Clerk