HomeMy WebLinkAbout2020-093-11/20/2020-AUTHORIZING CERTAIN QUASI-JUDICIAL LAND USE HEARINGS TO BE CONDUCTED REMOTELY PURSUANT TO ORDINANCEr r
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using remote technology by adopting Emergency Ordinance 054,2020,which was superseded by
Ordinance 061,2020,which in turn was superseded by Ordinance No.079,2020,adopted on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:
I.Appeals of any decision as such appeals may be authorized tinder 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.
AflEST:
City Clerk /