HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/15/2020 - COUNCIL CONSIDERATION OF AUTHORIZATION FOR REMOTE Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Jim Bertolini, Historic Preservation Planner
Brad Yatabe, Legal
SUBJECT
Council Consideration of Authorization for Remote Hearings for Historic Preservation Appeal to the Landmark
Preservation Commission.
EXECUTIVE SUMMARY
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council on June
16, 2020, to allow a historic preservation item to proceed to public hearing using remote technology. A
suggested motion is provided on page 2 of this Agenda Item Summary.
Ordinance No. 079, 2020, authorizes Council, Planning and Zoning Board (P&Z), the Landmark Preservation
Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but specifically excludes
appeals from that authorization. The Ordinance does, however, allow Council, by motion adopted by at least
five Councilmembers, to authorize exceptions to that exclusion. To authorize LPC hearings for the listed item
using remote technology, Council must find that such a hearing is pressing and requires prompt action and that
remote technology will provide for sufficient public participation and input. Staff is requesting Council consider
allowing the following item to proceed:
• Appeal of staff decision to deny a Certificate of Appropriateness for 126 S. Whitcomb Street to demolish an
historic garage to construct a new structure (appeal to LPC) on a designated Fort Collins Landmark
property.
STAFF RECOMMENDATION
Staff recommends that Council authorize the appeal hearing using remote technology for the listed item.
BACKGROUND / DISCUSSION
This is a historic preservation item that is currently awaiting an appeal hearing with the LPC. While meetings
have been generally authorized to occur using remote technology, certain types of quasi-judicial items are still
required to be heard at in-person meetings. A quasi-judicial hearing is considered a “remote meeting” if one or
more Council, board or commission member participates virtually. Due to the COVID-19 public health
emergency, it could be many months before all Council, board, and commission members are once again
comfortable attending meetings in-person.
Ordinance No. 079, 2020, authorizes certain types of quasi-judicial items to be heard using remote technology,
but specifically excludes decisions related to appeals (among other specified decisions)). This project is now
“stalled” as the owner/applicant awaits an appeal of the staff decision to the LPC. The Ordin ance does allow
Council to consider, on a case-by-case basis, exceptions to that specific exclusion.
EXCEPTIONS FOR REMOTE HEARINGS
Agenda Item 15
Item # 15 Page 2
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 hearing these items is pressing and requires prompt action, Council may wish to
consider the following issues:
• Staff and applicants have completed the appropriate steps of the historic review processes that precede
this hearing.
• There is a desire to provide the project applicant/owner/appellant with a predictable decision-making
process that affords due process to all affected parties.
Staff believes that remote technology would provide a sufficient opportunity for public participation for this item.
The Zoom technology platform currently used by the LPC 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. As of the end of August, the LPC has completed four virtual work sessions
and four virtual hearings, which have allowed for sufficient testing of the technology. Consistent with
Subsection 4.D of Ordinance No. 079, 2020, the owner has indicated support for having the appeal conducted
remotely to avoid delay in a final decision.
Appeal Item
This item is an appeal to the Landmark Preservation Commission (LPC) of a decision by Historic Preservation
Services staff to deny a Certificate of Appropriateness to the owner/applicant for the Landmark Property at 126
S. Whitcomb Street. This appeal has been pending since August 26, 2020. These items are pressing and
require prompt action because the owner is seeking to make modifications to the property as a result of the
COVID-19 pandemic, specifically to expand at-home work, educational, and recreation space that would
otherwise not be required on-site. Staff believes that technology will provide for sufficient public participation
and input because design review requests directly to the LPC follow a similar procedure and presentation of
evidence, which is currently allowed and has been successfully accomplished several times via remote
hearing. Staff will provide a hybrid attendance option for members of the public pursuant to existing
requirements.
PROPOSED MOTION
“I move that City Council find that the following quasi-judicial matter is pressing and requires
prompt action and that remote technology will provide due process to hear it through sufficient
public participation and input, and based upon such findings authorize a quasi-judicial hearing
using remote technology by the Landmark Preservation Commission for the appeal of staff
decision regarding the Fort Collins Landmark property at 126 S. Whitcomb St."
ATTACHMENTS
1. Appeal Letter (PDF)
ATTACHMENT 1