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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - CONSIDERATION OF A MOTION FOR COUNCIL TO AUTHORIZEAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Rebecca Everette, Development Review Manager Caryn Champine, Director of PDT Brad Yatabe, Legal SUBJECT Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations. EXECUTIVE SUMMARY The purpose of this item is to consider adopting a motion to authorize an exception to Ordinance No. 061, 2020 adopted by Council on April 21, 2020, for the following zoning decisions related to the referenced annexations: • Ordinance No. 027, 2020, Assigning zoning for the Soldier Canyon Pump Station Annexation (Second Reading) • Ordinance No. 029, 2020, Assigning zoning for the Timberline-International Annexation No. 1 (Second Reading) • Ordinance No. 031, 2020, Assigning zoning for the Timberline-International Annexation No. 2 (Second Reading) • Ordinance No. 033, 2020, Assigning zoning for the Timberline-International Annexation No. 3 (Second Reading) Ordinance No. 061, 2020 authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. Staff considers these four “in progress” zoning items as pressing and non-controversial, which may warrant an exception to the ordinance. Colorado Revised Statutes Section 31-12-115 requires the zoning of an annexation to be completed within 90 days of the effective date of the annexation ordinance. STAFF RECOMMENDATION Staff recommends approval of the request to authorize remote hearings for the zoning of four properties recently annexed into the City of Fort Collins. BACKGROUND / DISCUSSION Four properties were recently annexed into the City of Fort Collins in February: • Soldier Canyon Pump Station Annexation (Ordinance No. 027, 2020) • Timberline-International Annexation No. 1 (Ordinance No. 029, 2020) • Timberline-International Annexation No. 2 (Ordinance No. 031, 2020) • Timberline-International Annexation No. 3 (Ordinance No. 033, 2020) Agenda Item 15 Item # 15 Page 2 The annexations and initial zoning for all four properties were approved on first reading on February 4, 2020, on the consent agenda. The annexations, but not the zoning, were finalized on second reading on February 18, 2020. These items were recommended for approval by the Planning and Zoning Board on December 19, 2019 and remained on the consent agenda at that hearing. There is no known controversy associated with any of these items, and staff has recommended approval of the annexation and zoning for these properties. 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. The effective date of these four annexations was February 28, 2020. As such, the 90-day timeframe mandated by state statute expires on May 28, 2020. In order to comply with statutory requirements, Council must hear these items no later than the May 19 City Council meeting. It is possible that Council will be able to convene in-person for the May 19 hearing. However, if the meeting is held remotely or if some Councilmembers are participating remotely, then Ordinance No. 061 would not allow these items to be heard unless Council grants an exception. Section 8 of Ordinance No. 061 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.” Staff finds that the second readings of these zoning ordinances are pressing and require prompt action due to the required timeframes related to annexations. Staff further finds that remote technology would provide a sufficient opportunity for public participation for these particular zoning items. There have been multiple opportunities for in-person participation related to these items, including neighborhood meetings, a Planning and Zoning Board hearing, and Council hearing and first reading. All items have remained on consent with no public comment provided at any of the prior hearings, which indicates a general lack of controversy for these annexations. PROPOSED MOTION If Council wishes to authorize the remote hearing of the four zonings on second reading, the following motion is provided: “I move that City Council authorize remote participation in quasi-judicial hearings for the second readings of Ordinance No, 027, 2020 zoning for the Soldier Canyon Pump Station Annexation, and Ordinance No. 029, 2020, Ordinance No. 031, 2020 and Ordinance No. 033, 2020 zoning the Timberline-International Annexations 1 through 3, based on a finding that the remote hearing of these zonings is pressing and requires prompt action due to applicable state law regarding the time limit for the zoning of annexations and that the remote technology available for such hearings will provide sufficient public participation and input at such hearings.”