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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/19/2019 - RESOLUTION 2019-030 CONSIDERATION OF A PLANNING ANAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY February 19, 2019 City Council STAFF Rebecca Everette, Development Review Manager Brad Yatabe, Legal SUBJECT Resolution 2019-030 Consideration of a Planning and Zoning Board Member Variance Request to Address the Planning and Zoning Board Regarding the Montava PUD Application Pursuant to City Code Section 2- 568(c)(3)c.1. EXECUTIVE SUMMARY The purpose of this item is for Council to consider a request by Planning and Zoning Board (the “Board”) Member Ruth Rollins to present to the Board as part of the applicant team for the Montava Planned Unit Development Overlay (the “Montava PUD”). STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION The City has received a request from Board Member Ruth Rollins for a variance from the ethical rules of conduct outlined in City Code Section 2-568(c)(3) to allow her to address the Board regarding the Montava PUD for which she has declared a conflict of interest because she is part of the applicant team. Beyond her role as an appointee to the Board, Member Rollins is the president and sole proprietor of Rollins Consult LLC, a private firm that consults on transportation and development projects. She has been a member of the Board since January 2017 and previously served on the Board from 2006 to 2009 The City Code requires any board member that has declared a conflict of interest to refrain from communicating with or attempting to influence his or her board with respect to the issue for which the conflict was declared unless communication is to protect a strictly personal interest or the member prepares materials on behalf of another in the normal course of business that are not directly and substantially related to advocacy to the board. A board member is not able to personally appear before his or her board to advocate for a client unless Council adopts a resolution granting a variance pursuant to City Code Section 2-568(c)(3)c. In order to grant a variance, Council must determine that the member has demonstrated that: “without the variance, he or she would suffer an exceptional hardship, and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated” Board Member Rollins has been providing transportation consulting services for the proposed Montava PUD and intends to make presentations and respond to questions as part of the applicant team at upcoming Board hearings. In her conflict of interest variance request (Attachment 2), Member Rollins states: “If I cannot present findings and answer transportation related questions during the Planning and Zoning Board meeting, it will jeopardize my ability to continue work on this project. Currently this client provides me with 90 percent of my business. I have no staff to take my place for this Planning and Agenda Item 22 Item # 22 Page 2 Zoning Board meeting.” This variance request is specifically for a board member to address her own board and is not related to that person making any presentation to City Council. CITY FINANCIAL IMPACTS None. BOARD / COMMISSION RECOMMENDATION Not applicable. PUBLIC OUTREACH Not applicable. ATTACHMENTS 1. Ruth Rollins Conflict of Interest Disclosure Form (PDF) 2. Ruth Rollins Variance Request (PDF) 3. Powerpoint presentation (PDF) CONFLICT OF INTEREST DISCLOSURE STATEMENT CITY OF FORT COLLINS, COLORADO The following disclosure statement is submitted to the Clerk of the City of Fort Collins pursuant to the requirements of Article IV, Section 9 of the City Charter and, to the extent applicable, Section 24-18-109(3)(a), C.R.S. or pursuant to City of Fort Collins Personnel Policy 5.7.2.F. Name: Ruth Rollins Title: President, Rollins Consult LLC and Board Member Planning and Zoning Board Decision(s) or contract affected (give description of item to be addressed by Council, Board, Service Area Director, etc.): The proposed Montava PUD. Brief statement of interest: I am the Transportation Consultant on the proposed Montava PUD. Date: January 18, 2019 Signature: REMOVAL OF CONFLICT OF INTEREST I affirm that the above-stated conflict of interest no longer exists. Date: Signature: cc (if Councilmember or Board or Commission member): City Attorney and City Manager cc (if City employee): HR Director Updated: March 2014 ATTACHMENT 1 CONFLICT OF INTEREST VARIANCE REQUEST FORM CITY OF FORT COLLINS, COLORADO The following statement is submitted to the Clerk of the City of Fort Collins pursuant to Fort Collins Municipal Code Section 2-568(c)(3)c. Name: Ruth Rollins Board or commission of which you are a member: Planning and Zoning Board Describe the issue or matter for which you have declared a conflict of interest and for which you are requesting a variance. Describe the nature of the conflict of interest and attach the statement of conflict of interest filed with the City Clerk. I have a conflict of interest with regards to the proposed Montava PUD. I have been providing transportation consulting services on behalf of this project for approximately 1.5 years. The conflict of interest statement is attached. State why you would suffer an exceptional hardship if the variance is not granted and why no reasonable alternative exists that would allow for such hardship to be avoided or substantially mitigated. I have a sole proprietor transportation consulting firm here in Fort Collins. If I cannot present findings and answer transportation related questions during the Planning and Zoning Board meeting, it will jeopardize my ability to continue work on this project. Currently this client provides me with 90 percent of my business. I have no staff to take my place for this Planning and Zoning Board meeting. Date: January 18, 2019 Signature: The area below is to be completed by the City Clerk’s Office Council Hearing Date: _______________ ____, 20____ Variance Finding: If adopted, Resolution Number and Title: cc: City Attorney and City Manager ATTACHMENT 2 February 19, 2019 Conflict of Interest Variance Request Rebecca Everette, Planning & Zoning Board Liaison ATTACHMENT 3 Purpose of Item • Present a request by Ruth Rollins, member of the Planning & Zoning Board, for a variance to conflict of interest rules • Boardmember since January 2017 • Transportation consultant for the Montava Planned Unit Development (PUD) project • Intends to make presentations and respond to questions at upcoming Planning & Zoning Board hearings 2 Variance Process • Board and commission members may request a variance to allow for presentations to their respective board or commission • City Code Section 2-568(c)(3)c • In order to grant a variance, Council must determine that the member has demonstrated that: • “without the variance, he or she would suffer an exceptional hardship, and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated” 3 -1- RESOLUTION 2019-030 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSIDERATION OF A PLANNING AND ZONING BOARD MEMBER VARIANCE REQUEST PURSUANT TO CITY CODE SECTION 2-568(c)(3)c.1 TO ADDRESS THE PLANNING AND ZONING BOARD REGARDING THE MONTAVA PUD WHEREAS, City Code Section 2-568(c) restricts board and commission members regarding their ability to communicate and influence their respective boards and commissions regarding matters for which a conflict of interest has been declared; and WHEREAS, Planning and Zoning Board Member Ruth Rollins has declared a conflict of interest regarding the Montava PUD development application ODP180002 (the “Montava PUD”) that will come before the Planning and Zoning Board for review; and WHEREAS, Member Rollins declared a conflict of interest because she is part of the Montava PUD applicant team; and WHEREAS, Member Rollins wishes to appear before the Planning and Zoning Board as part of the applicant team during the Planning and Zoning Board review of the Montava PUD and has submitted a variance application as required by City Code Section 2-568(c)(3)c.1.; and WHEREAS, on February 19, 2019, the City Council held a public hearing regarding the variance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council finds that Planning and Zoning Board Ruth Rollins [has/has not] demonstrated that without the variance, she would suffer an exceptional hardship and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated. Section 3. That the variance request is hereby [granted/denied]. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of February, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk