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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - EXCEPTION FOR REMOTE HEARING OF HUGHES REZONINGAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Rebecca Everette, Development Review Manager SUBJECT Exception for Remote Hearing of Hughes Rezoning EXECUTIVE SUMMARY This item is presented to Council because it meets the following priorities: (3) Second Reading Ordinances and (4) Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. The purpose of this item is to consider an exception to Ordinance No. 061, 2020, adopted by Council on April 21, 2020, to allow the Second Reading of Ordinance No. 138, 2019, regarding rezoning the property included in the Hughes Stadium Annexation to proceed. Council adopted on First Reading the Hughes Stadium property rezoning ordinance on a 4-3 vote on November 5, 2019 (Nays: Cunniff, Gutowsky, Pignataro). Ordinance No. 061, 2020, authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. In order for Council to authorize the remote hearing of this rezoning, Council must find that hearing the rezoning is pressing and requires prompt action and that the technology will provide for sufficient public participation and input. BACKGROUND / DISCUSSION The Hughes Stadium Site Rezoning would consist of a rezoning of 164 acres that was the site of the former Hughes Stadium (west of Overland Trail and north of County Road 32). Council initiated the rezoning on July 16, 2019 and directed staff to prepare a rezoning application and make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T), which does not allow for the submittal of any development application without a rezoning. Rezoning Timeline The zoning ordinance for the Hughes Stadium Site Rezoning was adopted on First Reading by Council on November 5, 2019 (4-3 vote). Second Reading was initially scheduled for November 19, 2019. Due to delays to complete review of multiple ethics complaints and comply with physical distancing requirements due to the COVID-19 local emergency, Second Reading has been postponed several times and is currently scheduled for Council consideration on May 19, 2020. Date Council Action July 16 Council directs staff to initiate rezoning process September 19 Planning and Zoning Board Hearing (recommendation to Council) November 14 Ethics complaints filed November 19 Second Reading scheduled for Council consideration; postponed to January 21 to address ethics complaints Agenda Item 16 Item # 16 Page 2 December 16 Ethics Review Board meeting January 21 New ethics complaints filed January 21 Second Reading postponed to March 17 to address ethics complaints March 6 Ethics Review Board meeting March 17 Meeting canceled due to lack of quorum; postponed to March 31 March 31 Second Reading postponed to April 21 due to remote meeting limitations April 21 Second Reading postponed to May 19 due to remote meeting limitations Exception for Remote Hearing It is possible that Council will be able to convene in-person for the May 19 hearing. However, if come or all Councilmembers participate in the meeting remotely, then Ordinance No. 061, 2020 would not allow this item to be heard unless Council grants an exception. Section 8 of Ordinance No. 061, 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 hearing the rezoning is pressing and requires prompt action, Council may wish to consider the following issues: • The rezoning is on Second Reading and has been delayed multiple times. • Staff has conducted extensive public outreach regarding the rezoning and the City has received input from the property owner and the public. • The interest in completing the rezoning to provide a predictable path for possible development of the property. • The high level of community interest in the property. Staff believes that remote technology would provide a sufficient opportunity for public participation for this item. There is a high level of community interest in this project, and the technology platform currently used by Council (Zoom) accommodates multiple options for participation, including both online and phone participation. In addition, written comments will continue to be accepted by the City Clerk’s Office in advance of the hearing. PROPOSED MOTION If Council wishes to authorize the remote hearing of the Hughes Stadium Site Rezoning on second reading, the following motion is provided: “I move that City Council authorize remote participation in quasi-judicial hearings for the Second Reading of Ordinance No. 138, 2019, regarding the rezoning of the property contained in the Hughes Stadium Annexation, finding that the remote hearing of this rezoning is pressing and requires prompt action due to the multiple delays in hearing Second Reading, the need to provide a predictable path for future development of the property, and the high level of community interest in the property and that the remote technology available for such hearings will provide sufficient public participation and input at such hearings.”