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File #: [20-0575]    Version: 1 Name:
Type: Consent Status: Passed
File created: 8/11/2020 In control: Town Council
On agenda: 9/9/2020 Final action: 9/9/2020
Title: Call a Public Hearing for September 30, 2020 to Consider Text Amendments that Expand Opportunities for Special Use Permit Applications to be considered under Conditional Zoning Review.
Attachments: 1. A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENTS EXPANDING OPPORTUNITIES TO ALLOW SPECIAL USE PERMIT APPLICATIONS TO BE CONSIDERED UNDER CONDITIONAL ZONING REVIEW FOR SEPTEMBER 30, 2020 (2020-09-09/R-9)


title
Call a Public Hearing for September 30, 2020 to Consider Text Amendments that Expand Opportunities for Special Use Permit Applications to be considered under Conditional Zoning Review.
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Staff:
Department:
Judy Johnson, Interim Director
Planning
Alisa Duffey Rogers, LUMO Project Manager
Manager's Office
Corey Liles, Principal Planner
Planning

Overview: Recent State legislation (Session Law 2020-3) makes it challenging for local governments to hold public hearings on Special Use Permit applications while meeting remotely. Several development applications that are seeking Council action this fall were originally submitted for Special Use Permit review. The Town Manager is proposing text amendments would allow Council to consider these applications as Conditional Zoning decisions, rather than Special Use Permits.


Recommendation(s):
That the Council adopt the resolution calling a public hearing on September 30, 2020 at the request of the Town Manager to amend the Land Use Management Ordinance so that current Special Use Permit applications may be considered under Conditional Zoning review.

Key Issues:
* In response to the COVID-19 crisis, the State government created specific provisions for remote public meetings that became effective May 4, 2020 and remain in effect during the current State of Emergency.
* Under these provisions, quasi-judicial evidentiary hearings may only be held if all individuals who have standing are notified and provide consent for a remote meeting. This makes it very challenging to hold public hearings on a Special Use Permit application.
* Conditional Zoning is a review process that closely resembles Special Use Permit review. The legislative public hearings that are necessary for Conditional Zoning review are permissible remotely and face fewer procedural challenges than quasi-judicial hearings under the new State provisions.
* The proposed amendments would also bring the affected provisions of the Land Use Management Or...

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