Loading...
HomeMy WebLinkAbout2014 Resolution No. 074RESOLUTION NO. 2i. SERIES OF 2014 A RESOLUTION ESTABLISHING A HEARING PROCEDURE FOR LAND USE APPEALS TO THE CITY COUNCIL. WHEREAS, certain decisions made by the Planning and Zoning Commission under Title 16 may be appealed to the City Council; and WHEREAS, the hearing for such an appeal requires clear procedures to insure a fair hearing for all parties; and WHEREAS, the hearing procedure is necessary to clearly set forth the standard and methodology to be used by the City Council; and WHEREAS, the Planning and Zoning Commission seemed reluctant to be the final determining authority on these issues; and WHEREAS, the Planning and Zoning Commission rejected having these matters go directly to District Court; and WHEREAS, the Planning and Zoning Commission wanted City Council to review these issues but didn't want to hinder development by delays in the appeal; and WHEREAS, a de novo review was selected over an arbitrary and capricious standard as having a more robust record, including testimony, would allow a court to uphold Council 's decision more readily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Hearing Procedures for Appeals of Planning & Zoning decisions to Council: 1. All appeals to City Council shall be filed no more than thirty (30) days from the date of the Planning and Zoning Commission's final decision. (Date of approval of findings of fact) Council has no jurisdiction to hear an appeal filed after thirty days. 2. Council shall, at its next regular meeting, schedule a public hearing on the appeal. If Council fails to do so, the appeal shall be deemed granted by City Council. 3. Conduct of Public Hearings. A. During the public hearing, the City Council shall hear any relevant evidence or statement provided by the appellant or its representative, by the City Manager or designee or any member of the staff, and by any person in attendance at the hearing. The City Council may, in its sole discretion, hear and consider any other relevant statement or evidence, written or oral. B. The City Council shall cause its public hearing to be recorded. When a transcript of a public hearing is required, the person or entity requesting the transcription 1 shall pay the cost of the transcript. If the City Council acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any person at reasonable times for inspection and study. A written swnrnary of the relevant testimony and evidence presented at the hearing may be utilized in place of the transcript if a transcript is not required. The testimony and record in the Planning and Zoning Hearing may be used in the City Council review. C. Continuing a Hearing. Once a hearing before City Council, has commenced, it may be continued to a later date for purposes of accepting additional testimony, or for preparation or submission of additional requested materials, or at the request of the appellant. A hearing for which proper notice was given may be continued to a later date without again complying with the notice was given may be continued to a later date without again complying with the notice requirements, provided that the continued hearing is set for a date certain and the date and time of the continued hearing is announced at the time of continuance. 4. The hearing shall be a de novo review based on the same criteria required by Title 16 of the Englewood Municipal Code and used by the Planning and Zoning Commission in making its decision. The City Council may also consider the record and testimony from the hearing before the Planning and Zoning Commission. 5. After the hearing, City Council shall approve, modify or reverse the Planning and Zoning Commission's decision. 6. City Council's findings and decision shall be in writing, and a copy of the written decision fo1Warded to the appellant. 7. Should City Council fail to make a written decision within forty-five (45) days of the conclusion of the hearing, the appeal shall be deemed approved by City Council. Written minutes of the hearing shall be sufficient for this decision. 8. Further appeals shall be by appropriate legal action pursuant to Rule 106 C.R.C.P. Section 2. Specific Criteria for Council decisions for Conditional Use Permits 16-2-12(E) EMC. 1. Conditional uses shall only be approved if they promote the health, safety, and general welfare of the community, and are consistent with the Comprehensive Plan. 2. The use must be permitted as a conditional use in the zone district in which it is proposed to be located. 2 3. Talcing into consideration any proposed mitigation measures, conditional use shall not create significant adverse impacts on either the existing development in the surrounding neighborhood or on any future development permitted by this Title. Significant adverse impacts include but are not limited to: a. Significant increases in traffic generation and parking beyond what would be generated by a use-by-right; b. Building heights or bulk planes that are significantly larger or more massive than those on nearby properties; c. Lack of screening of parking, loading, traffic circulation, or outdoor activities; garbage collection facilities and storage; d. Significant intrusions of noise, light, dust, or glare onto nearby properties; e. Significant increases in burdens on housing, schools, public utilities, or governmental services beyond those that would be generated by a use- by-right; or f. Hours of operation that begin significantly earlier or end significantly later than those on nearby properties. 4. The number of off-street parking spaces shall not be less than the requirements of Section 16-6-4 EMC. 5. The conditional use shall meet all other applicable provisions of the Englewood Municipal Code. 6. If the application is for a conditional use telecommunications tower or antenna, it shall also conform with any additional standards and requirements for such uses specified in Chapter 16-7 EMC, "Telecommunications". Section 3. Specific Criteria for Council decisions for Nonconfonning Lot -16-9-4 EMC. 1. A nonconforming lot may be used only for a use permitted in the zone district in which the lot is located. The City Council may waive or modify lot coverage, lot area, bulk plane, height, setback, lot width, or other requirements for any nonconfonning lot if it finds that the proposed development meets the criteria listed below: a. The lot cannot otherwise be used for any purpose permitted within the zone district applicable to the property; and b. The waiver, or modification. if granted, is necessary to afford relief with the least modification possible of the development or dimensional standards otherwise applicable to the property; and c . The proposed development is consistent with the spirit and intent of the Comprehensive Plan; and 3 d. The lot coverage, bulk plane, height, setbacks, and massing of the proposed development will not vary substantially from the surrounding properties or alter the essential character of the neighborhood; and e. The proposed development is compatible with the established development patterns and intent of the zone district. 2. Development Review and Approval -16-2-18 EMC. The same criteria used by the decision maker whose notice, order or decision is being appealed. An appeal of any decision under 16-2-2 and 16-2-17 EMC. Section 4. Specific Criteria for Cowicil decisions for Landmark 16-9-5 Nonconfonning Signs: The City recognizes that some nonconfonning signs may hold cultural, historic or architectural significance to the citizens of the City. Nonconforming signs that have been damaged more than fifty percent (50%), as determined above, may be pennitted to be reconstructed in a like manner. 1. Conditions for Application for Landmark Nonconforming Sign Reconstruction. a. The nonconforming sign being reconstructed shall have been: (1) Damaged more than fifty percent (50%). (2) In continuous use since prior to the enactment of Ordinance No. 29, Series of 1982, on July 6, 1982, and (3) Damaged not more than one hundred eighty (180) days prior to submittal for an Application for Landmark Nonconforming Sign Reconstruction. b. The reconstructed sign shall: (1) Not increase the nature or degree of nonconformity, (2) Be placed on the same property, and (3) Meet all other applicable standards and regulations of the City. 2. In approving the replacement of a damaged nonconforming sign the Commission shall find that the sign meets the conditions of application stated above, and: a. Embodies distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction, or craftsmanship; or b. Exemplifies or reflects the broad cultural, economic or social history of the City. Section 5. Criteria for Cowicil decision for Appeals of Development Review and Approval Decisions not listed: Any decision made under 16-2-2 through 16-2-17 EMC shall be appealed using the same criteria used by the decision maker whose notice, order or decision is being appealed as in 16-2-1 S(A) EMC. ADOPTED AND APPROVED this 2nd day of September, 2014. I, Loucrishia A. Ellis, City Clerk for thq~ty of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. f7 Series of2 14. ~ 5 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 2, 2014 9 Ci A Resolution Approving the Establishment of Hearing Procedures for Land Use Appeals to City Council Initiated By: Staff Source: Community Development Department Brook Bell , Planner II PREVIOUS COUNCIL ACTION There has not been any previous Council action on the establishment of hearing procedures for land use appeals to City Council. RECOMMENDED ACTION Staff recommends Council approve a resolution establishing hearing procedures for land use appeals to City Council. BACKGROUND AND ANALYSIS A EMC Table 16-2-2.1: Summary of Development Review and Decision-making Procedures, specifies the W decision-making role of each body of City including: City Manager or Designee, Planning and Zoning Commission, City Council, and Board of Adjustment and Appeals. The table requires that appeals to Planning and Zoning Commission decisions on Conditional Use Permits, Nonconforming Lots, and Landmark Nonconforming Signs are to be heard by City Council. • EMC 16-2-18 (C) stipulates the process for appeals to Planning and Zoning Commission decisions that go to City Council; however, EMC 16-2-18 ( C) does not specify the particular hearing procedures for appeals to City Council. This resolution clarifies the conduct of public hearing for appeals to City Council and reiterates the specific criteria for Council decisions on these appeals. FINANCIAL IMPACT None ATTACHMENTS Proposed Resolution