HomeMy WebLinkAboutMemo - Read Before Packet - 4/21/2020 - Memorandum From Tom Leeson Re: Staff Presentation For Ordinance 61 Related To Remote Meetings For Quasi-Judicial HearingsCommunity Development & Neighborhood Services
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Planning, Development & Transportation Services
MEMORANDUM
DATE: April 21, 2020
TO: Mayor Troxell and City Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Caryn Champine, PDT Director
FROM: Tom Leeson, CDNS Director
RE: Staff Presentation for Ordinance 61 Related to Remote
Meetings for Quasi-Judicial Hearings
Attached to this memo is the Staff Presentation for the Second Reading of Ordinance
61, 2020 authorizing remote meetings for some quasi-judicial hearings.
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Second Reading of Ordinance No. 061
Carrie Daggett, City Attorney
04-21-20
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Ordinance No. 061, 2020
Authorizes using remote technologies for:
City Council meetings for pressing matters requiring prompt action;
Quasi-judicial hearings, excluding:
o appeals of decisions of all types (includes appeals to both the City
Council and Planning and Zoning Board),
o initial zoning and rezoning, and
o additions of permitted use applications (APUs) as described above;
Neighborhood meetings under the Land Use Code; and
Essential meetings of City boards and commissions.
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Revisions for Second Reading
Ordinance No. 061 revised to address First Reading concerns to:
Clarify that all matters being heard remotely must be determined to be
“pressing and require prompt action” and to require that agenda
materials explain the rationale;
Clarify that if Remote Technology no working sufficiently, the Hearing or
meeting must be continued; City Council meetings for pressing matters
requiring prompt action;
Add new Section 8 allows Council by majority vote to authorize
additional types of remote meetings or proceedings or specific items, if
pressing and requiring prompt action and if technology is sufficient.
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Back Up Slides
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Boards & Commissions – Quasi Judicial Decisions
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Quasi Judicial Boards:
Planning and Zoning Board
Landmark Preservation Commission
Zoning Board of Appeals
Building Review Board
Administrative Hearings
Meet Monthly:
Approve, Deny, Make recommendations
on:
• Land use and development projects
• Historic landmark designation and
design review
• Variances
• Contractor licensing
• Other topics of critical importance to the
community
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Boards & Commissions – Quasi Judicial Decisions
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State of Colorado and Larimer County stay-at-home orders:
• Construction activity has been deemed an essential service
Allowing certain quasi-judicial hearings & neighborhood meetings remotely
will:
• Mitigate long-term economic impacts
• Maintain predictability for development projects
• Ensure that funding and construction timelines can be met
• Affordable housing, childcare, and small business projects
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Certain Quasi Judicial Decisions
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Remote quasi-judicial decisions and neighborhood meetings to include:
• Land use and development decisions
• Modifications of standards and variances
• Consideration of variance requests
• Landmark designations
Ordinance excludes quasi-judicial decisions and neighborhood meetings:
• Appeals of decisions of all types (includes appeals to both the City Council
and Planning and Zoning Board)
• Initial zoning and rezoning decisions
• Additions of Permitted Use (APUs)
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Certain Quasi Judicial Decisions Procedures
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Staff would ensure that all standard procedures could be replicated within a
remote platform, including:
• Ensure the meetings can be tightly moderated
• Provide multiple options for public participation
• Provide all materials online in advance of the hearing
• Ensure adequate technical assistance
• Ensure fair notice
• Adequate training is provided to all board members
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Neighborhood Meetings
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Neighborhood meetings are required for various development project types
prior to application submittal.
Breadth of technology available to encourage virtual public engagement
• OurCity platform
• WebEx
• Microsoft Teams
• Town hall technology
• Neighborhood meetings are intended to be the starting point in a longer
conversation
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Pending Development Applications
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City Council Hearings 10 agenda items (rezones, landmark
designations, initial zonings)
P&Z Hearings 15 agenda items (Neighborhood park, childcare
center, multi-family resid., solar project, industrial
buildings, mini-storage, duplexes, etc.)
Administrative Hearing 3 agenda items (hotel, cell tower, carriage house)
Zoning Board of Appeals 3 agenda items (2 sign variances, setback
encroachment)
Landmark Preservation
Commission
6 agenda items (landmark designations, design
review)
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Pending Neighborhood Meetings
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Neighborhood Meetings 7 Pending (2 affordable housing,
senior housing, restaurant,
manufactured housing, mixed
residential
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