HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - RESOLUTION 2020-093 AUTHORIZING CERTAIN QUASI-JUDI Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 20, 2020
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
Resolution 2020-093 Authorizing Certain Quasi-Judicial Land Use Hearings to be Conducted Remotely
Pursuant to Ordinance No. 079, 2020.
EXECUTIVE SUMMARY
The purpose of this item is to consider three exceptions to Ordinance No. 079, 2020, adopted by Council on
June 16, 2020, to allow one zoning and two Additions 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 sufficient public participation and input. Staff
is requesting that Council allow the following quasi-judicial items (collectively, the “Exception Requests”) to be
heard remotely:
Zoning:
1. Springer-Fischer Annexation initial Zoning (in review and awaiting P&Z recommendation and Council final
determination)
Addition of Permitted Use (APU)
2. East Park District Maintenance Facility Addition of Permitted Use (Urban Estate District, in review and
awaiting P&Z recommendation and Council final determination)
3. Timberline-International Addition of Permitted Use (Industrial District, in review and awaiting P&Z final
decision, no Council decision required except in case of an appeal)
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Exception Requests are awaiting public hearings with 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 be many months before all board and commission members are once again
Agenda Item 7
Item # 7 Page 2
comfortable attending meetings in-person. While Council is currently meeting in person, the status of the
public health emergency could change and necessitate remote participation.
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. By the end of October, P&Z will have
completed six virtual work sessions and six virtual hearings, that have allowed for sufficient testing of the
technology. Since August, P&Z has conducted hybrid hearings with some members physically present and
others participating remotely, and the public and applicants have had the option of appearing in person or
remotely. During this time period, P&Z has heard four items that received prior Council exceptions to
Ordinance No. 079, 2020, and the hearings went well with respect to participation by the public, applicants,
staff, and P&Z members. As required by the prior Council exceptions granted on July 21, a quorum of P&Z
members was present in the hearing room when the items subject to the exceptions were heard. Subsection
4.D of Ordinance No. 079, 2020, also requires that:
“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, if 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.
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ITEM DESCRIPTIONS
The following items are currently in process and awaiting final action by P&Z and/or Council:
Item Type Decision Maker Status
1. Springer - Fisher Zoning Property-Owner
petitioned for
Annexation initiated
zoning
City Council, with P&Z
recommendation
Awaiting P&Z
recommendation
and Council final
decision
2. East Park District
Maintenance Facility
Addition of Permitted Use
Addition of permitted
use (APU) for a City
owned Park
Maintenance Facility in
the Urban Estate
District
City Council In review and
awaiting P&Z
recommendation
and Council final
decision
3. Timberline - International
Addition of Permitted Use
Addition of permitted
use (APU) for
Restaurant with Drive-
Thru in the Industrial
District
Planning and Zoning
Board
In review and
awaiting P&Z final
decision
Springer-Fisher 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 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 remotely. The annexation and zoning (Item #1)
have been initiated by the property owner in anticipation of future development of the property.
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.
Addition of Permitted Use: East Park District Maintenance Facility and Timberline-International
• The City Parks Department is the applicant for the East Park District Maintenance Facility Addition of
Permitted Use (Item #2) located in the Urban Estate District, and the development review process initiated
last year. A neighborhood meeting was held and there is no known controversy. The project is under
review and nearing the step for public hearing. This item is pressing and requires prompt action to avoid
delays in the development process.
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.
• The Timberline-International Addition of Permitted Use (Item #3) is located in the Industrial District and the
development review process was initiated last year. The first step in this process was the annexation and
zoning that was completed earlier this year. The development review application for the Addition of
Permitted Use was then submitted and a neighborhood meeting was held and there is no known
controversy. The project is under review and nearing the step for public hearing. This item is pressing and
requires prompt action to avoid delays in the development process.
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 with the exception of East Park District
Maintenance Facility as this is a City-owned facility. 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 2020-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CERTAIN QUASI-JUDICIAL LAND USE HEARINGS TO BE
CONDUCTED REMOTELY PURSUANT TO ORDINANCE NO. 079, 2020
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 054, 2020, which was
superseded by Ordinance 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.
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. The Springer-Fischer Annexation and Zoning has been submitted and is awaiting a
Planning and Zoning Board recommendation and a Council final decision.
2. The East Park District Maintenance Facility Addition of Permitted Use is located in
the Urban Estate District and is awaiting a Planning and Zoning Board
recommendation and Council final decision.
3. The Timberline-International Addition of Permitted Use is located in the Industrial
District and is awaiting a Planning and Zoning Board final decision.
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WHEREAS, the City Council has, after due consideration, determined that the requests to
allow the remote participation of board and commission and Councilmembers in the Quasi-
Judicial Hearing Items should be granted 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:
1. That the City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
2. That the Quasi-Judicial Hearing Items may be heard by the Planning and Zoning Board
and City Council, whether as an original matter or on appeal from the Planning and
Zoning Board, remotely using remote technology in accordance with Ordinance No. 079,
2020, provided that 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 is
allowed to participate in person.
3. That this Resolution was approved for adoption by a motion supported 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 October A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk