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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/21/2020 - COUNCIL CONSIDERATION OF WHETHER TO AUTHORIZE BY MAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY July 21, 2020 City Council STAFF Rebecca Everette, Development Review Manager Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv. Ryan Mounce, City Planner Karen McWilliams, Historic Preservation Planner Judy Schmidt, Legal SUBJECT Council Consideration of Whether to Authorize By Motion Remote Hearings for Various Zoning, Development and Historic Preservation Items. EXECUTIVE SUMMARY The purpose of this item is to consider multiple exceptions to Ordinance No. 079, adopted by Council on June 16, 2020, to allow various zoning, development and historic preservation items to proceed to public hearings using Remote Technology. A suggested motion is provided on pages 5 of this Agenda Item Summary. Ordinance No. 079 authorizes Council, Planning & Zoning Board (P&Z), the Landmark Preservation Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items 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. Staff is requesting Council consider allowing the following items to proceed: Rezoning Items 1. Fischer Rezone (Awaiting P&Z recommendation and Council hearing) 2. Spring Creek Rezone Correction of Map Errors (Awaiting P&Z recommendation and Council hearing) 3. Rezoning of Manufactured Housing Communities (City-initiated rezoning of existing manufactured housing communities) 4. Timberline Church Rezone (Awaiting P&Z recommendation and Council hearing) 5. Hughes Stadium Property Rezone (Pre-Application Hearing scheduled for City Council on August 4, 2020) Addition of Permitted Use (APU) 6. Wells Fargo Parking Lot and ATM Addition of Permitted Use (awaiting P&Z decision, no Council decision required except in case of an appeal) Appeals of Staff Decisions 7. Appeal of Landmark Planned Unit Development (PUD) Minor Amendment (appeal to P & Z Board) 8. Appeal of determination of eligibility for landmark designation for two properties at 724 and 726 South College Avenue (appeal to LPC) 9. Appeal of determination of eligibility for landmark designation for 945 East Prospect Road (appeal to LPC) Agenda Item 22 Item # 22 Page 2 10. Appeal of a decision to deny an upgrade to the General Contractor License for Tree Line Builders (appeal to Building Review Board) STAFF RECOMMENDATION Staff recommends that Council authorize the use of remote hearings for the listed items. BACKGROUND / DISCUSSION There are multiple zoning, development and historic preservation items that are currently awaiting public hearings with the P&Z Board, LPC, BRB and/or Council. While meetings have been authorized to occur remotely in general for each of these decision-making bodies, certain types of quasi-judicial items are still required to be heard at in-person meetings. A quasi-judicial hearing is considered a “remote meeting” if one or more Council, board or commission member participates virtually. Due to the COVID-19 public health emergency, it could be many months before all Council, board, and commission members are once again comfortable attending meetings in-person. Ordinance No. 079 authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning/rezoning, appeals, and additions of permitted use (APUs). There are numerous projects that are now “stalled” in their respective processes as they await a final decision. The Ordinance does allow Council to consider, on a case-by-case basis, exceptions to those specific exclusions. EXCEPTIONS FOR REMOTE HEARINGS Section 8 of Ordinance No. 079 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 these items is pressing and requires prompt action, Council may wish to consider the following issues: • Some items have been awaiting hearings since March 2020, which has caused a delay of four or more months for certain projects. This has also created a large backlog of items awaiting hearings, which could result in the need for additional board and commission meetings. • Staff and applicants have completed the appropriate steps of the development review, historic review, and/or code amendment processes that precede these hearings. In many cases, substantial public outreach and staff analysis have already been completed. • There is a desire to provide project applicants, appellants and property owners with a predictable decision- making process that affords due process to all affected parties. • The degree of community interest in each of these projects varies by project, with some projects considered more controversial than others. In addition, for the Rezoning of Manufactured Housing Communities (Item #3), Council may wish to consider the following issues: • The upcoming expiration of the manufactured housing redevelopment moratorium, which expires on August 30, 2020 unless extended by Council action. • Council priorities and the high level of community interest in manufactured housing preservation and residents’ rights implementation actions. • Previous discussions and engagement have taken place regarding the proposed manufactured housing zone district with residents, property owners/managers, boards and commissions and Council. Agenda Item 22 Item # 22 Page 3 Staff believes that remote technology would provide a sufficient opportunity for public participation for the listed items. The Zoom technology platform currently used by the P&Z, LPC, BRB and Council accommodates multiple options for participation, including both online and phone participation. In addition, written comments will continue to be accepted by staff in advance of all hearings. By the end of July, P&Z and LPC will have each completed three virtual work sessions and three virtual hearings, which have allowed for sufficient testing of the technology. Subsection 4.D of Ordinance No. 079 also requires that: “Any person or applicant seeking a quasi-judicial decision from ... a City board or commission … under the City Code or the City’s Land Use Code, shall be notified in writing or by email of the intention to conduct a Quasi-Judicial Hearing using Remote technology . Such person or applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be conducted in person. Any person or applicant proceeding with and participating in a Quasi-Judicial Hearing using Remote technology shall be deemed to have consent to such method of providing the Quasi-Judicial Hearing.” Before any items are scheduled for a hearing using remote technology, staff will notify all applicants and appellants, if applicable, of the intent to conduct the hearing remotely. If an applicant or appellant requests that the item be delayed until the time of an in-person hearing, then staff will work to accommodate those requests within any applicable timeframes established in the Land Use Code. Hybrid meetings may also be considered, which would allow for an in-person hearing if board, commission or Councilmembers are willing and able to convene in-person and hear in-person presentation by the applicant and/or appellant (with social distancing and limited numbers in the room at one time) and an option for remote participation by the public. A hybrid option could allow applicants, appellants, parties of interest, and members of the public to attend in-person if they are not comfortable with a fully remote hearing, while allowing others to attend remotely if desired. This would require participating board, commission or Councilmembers to be physically present in Council Chambers in order to participate in the hearing. ITEM DESCRIPTIONS The following items are currently in process and awaiting final action by P&Z, LPC, and/or Council: Item Type Decision Maker Status 1. Fischer Rezone Property-owner initiated rezoning City Council, with P&Z recommendation Awaiting P&Z and Council hearings 2. Spring Creek Rezone Correction of Map Errors City-initiated revisions to clean up a description error in a previous rezoning City Council, with P&Z recommendation Awaiting P&Z and Council hearings 3. Rezoning of Manufactured Housing Communities City-initiated rezoning of existing manufactured housing communities City Council, with P&Z recommendation Awaiting final Council direction, P&Z and Council hearings 4. Timberline Church Rezone Property-owner initiated rezoning City Council, with P&Z Agenda Item 22 Item # 22 Page 4 Item Type Decision Maker Status 7. Appeal of Landmark PUD Minor Amendment Appeal of CDNS Director decision Planning & Zoning Board Awaiting P&Z hearing 8. Appeal of determination of eligibility for landmark designation for two properties at 724 and 726 S College Ave Appeal of CDNS Director decision Landmark Preservation Commission Awaiting LPC hearing 9. Appeal of determination of eligibility for landmark designation for 945 E Prospect Rd Appeal of CDNS Director decision Landmark Preservation Commission Awaiting LPC hearing 10. Appeal of a decision to deny an upgrade to the General Contractor License for Tree Line Builders Appeal of Chief Building Official decision Building Review Board Awaiting BRB hearing Rezonings The rezoning items include two owner-initiated rezonings (Items #1 and #4) and one City-initiated rezoning to correct an error in a legal description for a previous owner-initiated rezoning (Item #2). The Fischer Rezone (Item #1) and Spring Creek Rezone Correction of Map Errors (Item #2) have been pending since March 2020. The Timberline Rezone is still in review, and staff anticipates that it will be ready for hearing by September 2020. They are pressing and require prompt action because the items are substantially complete, have completed the preceding stages of the development review process, and are ready (or nearly ready) for Planning & Zoning Board consideration. Zoning decisions are needed before more detailed development applications for each of these properties can be submitted for review. Also included is an item (Item #3) that would permit anticipated future rezonings of Manufactured Housing Communities. In August 2019, Council implemented a one-year moratorium on the City’s acceptance of development applications which would result in the loss of units in manufactured housing communities while preservation and residents’ rights options were evaluated. A new manufactured housing zone district was identified as a local tool to help maintain and preserve opportunities for manufactured home living and staff is currently bringing forward Land Use Code amendments to create a new Manufactured Housing (M-H) zone district. If adopted, the preservation effects of the new M-H zone will only be realized once properties containing Agenda Item 22 Item # 22 Page 5 The Wells Fargo Parking Lot and ATM Addition of Permitted Use item (Item #6) appears to be non- controversial and has been pending since May 2020. This item is pressing and requires prompt action because the development plan is substantially complete, has completed all preceding stages of the development review process, and is ready for P&Z consideration. Staff believes that remote technology will provide for sufficient public participation and input for this Addition of Permitted Use, as the technology has already been fully tested for projects with varying levels of complexity and public interest. Appeals Two of four appeals items (Items #8 and #9) involve appeals to the LPC of the Community Development and Neighborhood Services (CDNS) Director’s decisions that the listed properties are historic resources eligible for landmark designation. These appeals have been pending since July 7, 2020. These items are pressing and require prompt action because establishment of the status of historic resources on a proposed development site is a pre-submittal requirement that determines whether or not and how a development application may proceed for further review by the City. Staff believes that technology will provide for sufficient public participation and input because a determination of eligibility for landmark designation follows a similar procedure and presentation of evidence as a request for recommendation to Council for landmark designation, which is currently allowed and has been successfully accomplished several times via remote hearing. Item #7 is an appeal to P&Z of the CDNS Director’s approval of a Minor Amendment to the 1983 Landmark Planned Unit Development (PUD). The Minor Amendment was required in conjunction with the Landmark Apartments Expansion project, which has been fully approved and is currently under construction. The Amendment under appeal references as joint access agreement between the two adjacent properties. This appeal has been pending since April 2020, and is pressing and requires prompt action because the appeal was timely filed, is ready for P&Z consideration, and creates ongoing risk to the developer of the Landmark Apartments Expansion project until the appeal has been resolved. Staff believes that remote technology will provide for sufficient public participation and input for this appeal, as the technology has been tested for projects with varying levels of complexity and public interest. A “hybrid” meeting that allows for in-person participation of board members, applicants, appellants, and/or members of the public may provide greater access for members of the public and all parties involved. Item #10 is an appeal to the BRB of the Chief Building Officials’ denial of a request related to the General Contractor License for Tree Line Builders. Tree Line Builders was denied an upgrade to their currently held General Contractor License from C-Z & E to a C-1 level license. The applicant sought upgrade without having to take a new test, and the request was denied. The final decision was made by the Building Official in the first week of June, 2020. The applicant originally applied to appeal the decision to the Building Review Board June 10, 2020 and again on June 23, 2020. The appeal has been pending since that time. This appeal is pressing and requires prompt action because the applicant has an outstanding construction project that he cannot proceed with without the upgraded license. Given the scale of this project, it is imperative that the Building Review Board review the matter to ensure that all health and safety risks are appropriately weighed and final resolution is given. PROPOSED MOTION The following motion is provided to approve all listed items. If Council does not wish to permit an item to move forward using remote technology, that item should be removed from the list set forth below when making the motion. “I move that City Council find that the following quasi-judicial matters are pressing and require prompt action and that virtual technology will provide due process to hear them through sufficient public participation and input, and based upon such findings authorize Quasi-Judicial Hearings using Remote Technology by the Planning & Zoning Board, the Landmark Preservation Commission, the Building Review Board and City Council, as applicable, to proceed for the following items not otherwise permitted under Ordinance No. 079, 2020: 1. Fischer Rezone 2. Spring Creek Rezone Correction of Map Errors 3. Rezoning of Manufactured Housing Communities Agenda Item 22 Item # 22 Page 6 4. Timberline Church Rezone 5. Hughes Stadium Property Rezone 6. Wells Fargo Parking Lot and ATM Addition of Permitted Use 7. Appeal of Landmark Planned Unit Development (PUD) Minor Amendment 8. Appeal of determination of eligibility for landmark designation for two properties at 724 and 726 South College Avenue 9. Appeal of determination of eligibility for landmark designation for 945 East Prospect Road. 10. Appeal of a decision to deny an upgrade to the General Contractor License for Tree Line Builders.” CITY FINANCIAL IMPACTS There are no direct financial impacts to the City related to these items. However, if multiple development projects experience significant process delays, it could impact the local economy more generally in the form of sales and use tax. ATTACHMENTS 1. Powerpoint Presentation (PDF) 1 Authorization of Remote Hearings for Certain Rezoning, Addition of Permitted Use, and Appeal Matters Rebecca Everette, Development Review Manager 07-21-20 ATTACHMENT 1 Consideration of Exception to Remote Hearings Ordinance Consider adopting a motion to authorize remote hearings for the following zoning, development and historic preservation items: 2 1. Fischer Rezone 2. Spring Creek Rezone Correction of Map Errors 3. Rezoning of Manufactured Housing Communities 4. Timberline Church Rezone 5. Hughes Stadium Property Rezone Pre-Application Hearing 6. Wells Fargo Parking Lot and ATM Addition of Permitted Use 7. Appeal of Landmark Planned Unit Development (PUD) Minor Amendment 8. Appeal of determination of eligibility for landmark designation for 724 and 726 S College Ave 9. Appeal of determination of eligibility for landmark designation for 945 E Prospect Rd 10. Appeal General Contractor License upgrade denial for Tree Line Builders Ordinance No. 079, 2020 (adopted June 16) Authorizes use of remote technologies for: • City Council and board and commission meetings for both pressing and routine items; • Neighborhood meetings under the Land Use Code; and • Quasi-judicial hearings, excluding: o appeals of decisions of all types, o initial zoning and rezoning decisions, and o additions of permitted use applications (APUs). 3 Ordinance No. 079, 2020 (adopted June 16) Ordinance No. 079, 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. 4 Rezoning Items Item Type Decision Maker Status 1. Fischer Rezone Property-owner initiated rezoning City Council, with P&Z recommendation Awaiting P&Z and Council Hearings 2. Spring Creek Rezone Correction of Map Errors City-initiated revisions to clean up error in previous rezoning 3. Rezoning of Manufactured Housing Communities City-initiated rezoning 4. Timberline Church Rezone Property-owner initiated rezoning 5. Hughes Stadium Property Rezone Pre-application hearing for potential rezoning Pre-App Scheduled for City Council August 4 5 Addition of Permitted Use (APU) Item Type Decision Maker Status 6. Wells Fargo Parking Lot and ATM Addition of Permitted Use Addition of permitted use (APU) for a stand-alone drive- thru ATM Planning & Zoning Board (possible appeal to Council) Awaiting P&Z hearing 6 Appeals Item Type Decision Maker Status 7. Appeal of Landmark PUD Minor Amendment Appeal of CDNS Director decision Planning & Zoning Board* Awaiting P&Z hearing 8. Appeal of determination of eligibility for landmark designation for two properties at 724 and 726 S College Ave Landmark Preservation Commission* Awaiting LPC hearing 9. Appeal of determination of eligibility for landmark designation for 945 E Prospect Rd 10. Appeal of a decision to deny an upgrade to the General Contractor License for Tree Line Builders Appeal of Chief Building Official Decision Building Review Board* Awaiting BRB hearing 7 * possible appeal to City Council Potential Considerations Council may wish to consider the following: • Some items have been awaiting hearings since March 2020 • In many cases, substantial public outreach and staff analysis have already been completed • Desire to provide applicants, appellants and property owners with a predictable decision-making process • Community interest in each of these projects varies by project, with some projects considered more controversial than others 8 Rezoning of Manufactured Housing Communities For the Rezoning of Manufactured Housing Communities, Council may also wish to consider the following: • Upcoming expiration of the manufactured housing redevelopment moratorium (August 30, 2020) • Council priorities and high level of community interest in manufactured housing preservation and residents’ rights • Previous discussions and engagement that has taken place regarding the proposed manufactured housing zone district with residents, property owners/managers, Boards and Commissions and City Council 9 Staff Recommendation • Staff believes that Remote Technology would provide a sufficient opportunity for public participation for all of the listed items. • Applicants and/or appellants may request that an item be delayed until the time of an in-person hearing • Hybrid option may be considered as an alternative to remote hearings • Would require board, commission or Council members to be physically present in Council Chambers to participate in the hearing 10 Staff recommends approval of the request to authorize remote hearings for these 10 items manufactured housing communities are considered for rezoning to the new district. Staff is prepared to begin a series of City-initiated rezonings as soon as the new M-H district is established. The prompt initiation of the rezoning process facilitates efforts to complete as much of this work prior to the expiration of the moratorium on August 30, 2020 as possible. Finally, the listed rezoning items include the Hughes Stadium Property Rezone (Item #5). A pre-application hearing has been requested and is scheduled for August 4, 2020. Adding this rezoning to the list will permit the owner-initiated rezoning of this site to be considered in light of past delays. Staff believes that remote technology will provide for sufficient public participation and input for these rezoning items, as the technology has already been fully tested for projects with varying levels of complexity and public interest. Addition of Permitted Use recommendation Awaiting P&Z and Council hearings 5. Hughes Stadium Property Rezone Pre-application hearing for potential rezoning City Council, with P&Z recommendation Scheduled for City Council August 4 6. Wells Fargo Parking Lot and ATM Addition of Permitted Use Addition of permitted use (APU) for a stand- alone ATM Planning & Zoning Board Awaiting P&Z hearing