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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. Agenda Item 7 Item # 7 Page 3 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. Agenda Item 7 Item # 7 Page 4 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. -1- 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. -2- 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