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HomeMy WebLinkAboutMemo - Mail Packet - 10/20/2020 - Memorandum From Paul Sizemore Re: Update On Hybrid Board And Commission Meetings Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM Date: October 14, 2020 To: Mayor Troxell and Councilmembers Thru: Darin Atteberry, City Manager Kelly DiMartino, Deputy City Manager Caryn Champine, Planning Development and Transportation Director From: Paul Sizemore, Interim CDNS Director Re: Update on hybrid board and commission meetings The purpose of this memo is to summarize the hybrid meetings and opportunities for in-person public comment conducted by the Planning and Zoning Board (P&Z), Building Review Board (BRB), and Landmark Preservation Commission (LPC) as directed by City Council at their July 21, 2020 Regular Meeting. Bottom-Line  Several hybrid meetings have been successfully held by P&Z with both in-person and remote public participation. Staff recommends that this format be continued for future exempted items heard by this board.  No individuals have attended the in-person public participation offered at BRB and LPC meetings. Staff recommends that exempted items for these boards be heard remotely. Background Ordinance No. 079 authorizes P&Z, BRB, and LPC to hear quasi-judicial items using remote technology but specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and additions of permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted by at least five Councilmembers, to authorize exceptions to that exclusion. In order 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. At the July 21, 2020 Regular City Council Meeting, Council approved a list of these items for remote hearing by these boards with stipulations. Council indicated that the P&Z meetings should be conducted in hybrid format with at least a quorum physically present for the meeting, and that opportunity for in-person public comment be provided at the BRB and LPC meetings. This memorandum summarizes the participation and outcome of these meetings. DocuSign Envelope ID: 16671723-0994-43FA-A66B-8EE446761634  P&Z: The P&Z Board meetings take place in Council Chambers. Council has required a quorum (4 members) of the board to be physically present for meetings to hear items exempted from Ordinance no. 079. Options for public comment include in-person, telephone, or participation via the Zoom platform. The majority of public comment continues to come via Zoom or telephone; however, some members of the public have chosen to take advantage of the opportunity for in-person comment. We have found that between 5 and 7 staff members are required to support these meetings. Generally, the technology has worked well for these meetings, and staff continues to develop processes and contingency plans to deal with technical issues as they arise. Agendas continue to be full and there is a steady flow of items requiring Board action. Staff and the Board are working together to manage meeting length and to provide for additional hearing dates when needed to manage the project load. o August 20  This agenda included 4 discussion items.  It went very smoothly, with no technical issues and full participation by all board members (4 in person, 2 remote).  There was no public participation in person or remotely.  This meeting lasted approximately 4.5 hours. o September 3  This was a special meeting with only one item on the agenda.  There were 4 board members in person and 2 were remote. There were no technical issues.  1 member of the public participated in person, and 7 people participated remotely.  This meeting lasted approximately 4.5 hours. o September 17  This agenda included 3 discussion items.  With a newly appointed board member and full board, there were 4 board members in person and 3 were remote.  There was a technical issue that resulted in the Zoom meeting being dropped at one point in the meeting, but any participants had the opportunity to immediately re-join the meeting once it was restarted.  4 members of the public participated in person, 13 participated remotely.  This meeting lasted approximately 8 hours.  BRB: o The Building Review Board had 3 appeals at the July meeting, 0 appeals at the August meeting and 2 appeals at the September meeting.  Staff provided the opportunity for in person comment at the July and September meetings at 281 N College (via Zoom in a City Conference Room, rather than City Hall).  No members of the public contacted us in advance, and no one attended to provide comments. o Staff is bringing a request to Council at the October 20th Regular Meeting to authorize appeal hearings using remote technology for all appeals to the BRB arising from City Code Section 2-119(4). DocuSign Envelope ID: 16671723-0994-43FA-A66B-8EE446761634  Like appeals brought before the ZBA, appeals to the BRB pursuant to Section 2-119(4) are permitted so that the BRB may allow variances to the Code requirements in specific cases  While termed an “appeal” what the applicant is requesting in these situations is beyond of the Building Official’s authority to permit; only the BRB can permit these “variances.,”  These “variance” requests often involve the livelihood of the contractors seeking licensure within the City and are pressing and require prompt attention. They generally have minimal community interest or public impact.  LPC: o There were no appeals in August, so in-person public comment was neither offered nor requested by any members of the public. o The September meeting had 1 appeal and followed a similar approach to the BRB meetings.  No one attended in person to provide comments. Summary The success of and participation in P&Z meetings using the hybrid format shows that this is a viable approach for exempted items authorized by Council. Staff recommends that future exempted items going to P&Z continue to follow this format. The lack of participation at BRB and LPC indicates that there is not a demand for in-person opportunities for these items at this time. Because of the extra staff time and accommodations required to provide an in-person option and the lack of citizens exercising it, staff recommends that future exempted items heard by these two boards be entirely remote. No additional action is required to implement this approach because the agenda items are structured for remote hearing by default. Additionally, staff plans to approach Council with a “blanket” request to allow certain appeals heard by the BRB to be considered without additional exemptions due to the nature of these items. Next Steps  October 20th Council consideration of request to allow BRB items to proceed without additional exemption  P&Z will continue to consider exempted items in a hybrid format  As required by Ordinance No. 079, staff will continue to bring exemption requests for items to Council for consideration on an individual basis DocuSign Envelope ID: 16671723-0994-43FA-A66B-8EE446761634