HomeMy WebLinkAbout2021-017-02/16/2021-AUTHORIZING CERTAIN QUASI-JUDICIAL LAND USE HEARINGS TO BE CONDUCTED REMOTELY PURSUANT TO ORDINANCE RESOLUTION 2021-017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CERTAIN QUASI-JUDICIAL LAND USE HEARINGS TO BE
CONDUCTED REMOTELY PURSUANT TO ORDINANCE NO. 79, 2020, INCLUDING
THE 738 CAMPFIRE DRIVE APPEAL, BOYER ANNEXATION AND INITIAL ZONING,
W. WILLOX LANE REZONE, 1516 REMINGTON STREET ADDITION OF PERMITTED
USE, AND SAM'S CLUB FUEL STATION MAJOR AMENDMENT AND
ADDITION OF PERMITTED USE
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using remote technology by adopting Emergency Ordinance No.054,2020,which was superseded
by Ordinance No. 061, 2020, which in turn was superseded by Ordinance No. 079, 2020, adopted
on second reading on June 16, 2020; and
WHEREAS, Section 4.13. 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;
and
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WHEREAS, Section 8 of Ordinance No. 079, 2020,allows Council to consider exceptions
to in-person hearings on a case-by-case basis, as follows:
Section 8. The Council may, by the affirmative vote of five members on a motion
authorized 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 appliable, in light of the specific circumstances;
and
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. An appeal of the December 10, 2020, Hearing Officer Determination allowing Extra
Occupancy as a permitted use of 738 Campfire Drive in FDP#200018;
2. Boyer Annexation and Initial Zoning;
3. West Willox Lane Rezone;
4. Addition of Permitted Use for Fraternity-Sorority 1516 Remington Street; and
5. Sam's Club Fuel Station Major Amendment and Addition of Permitted Use;
and
WHEREAS, the City Council has, after due consideration, determined that the Quasi-
Judicial Hearing Items should be permitted to proceed to completion of the City's processes using
remote technology 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 as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Quasi-Judicial Hearing Items may be heard by the Planning and
Zoning Board and City Council, as applicable, whether as an original matter or on appeal, using
remote technology in accordance with Ordinance No. 079, 2020.
Section 3. That this Resolution was approved for adoption by the affirmative vote of
at least five Councilmembers as required by, and in satisfaction of, Section S of Ordinance No.
079, 2020.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of February, A.D. 2021.
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