HomeMy WebLinkAboutA003 - Council Action Form dated July 11, 2017 L
ITEM # 29
DATE: 07-11-17
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS REVISING APPEALS OF
ADMINISTRATIVE DECISIONS
BACKGROUND:
In June 2017, the City Council adopted new landscape standards for Section 29.403 of
the Zoning Ordinance. In addition to the new landscape standards, other key sections
of the Zoning Ordinance must be amended and updated to reflect the new standards
and address any ancillary issues surrounding the implementation or enforcement of
those new standards. The City Council elected to approve the new landscape standards
with the direction that staff return to them within the next three months with
amendments and updates to the administrative processes, appeals process criteria, and
any miscellaneous remaining items that need to be addressed with adoption of the new
standards.
Staff proposes amending the appeals process of appealing administrative
determinations as a result of reviewing the new landscape ordinance provisions. (See
Attachment A.) The current language is unclear on how to appeal Planning Director
decisions, which are primarily Minor Site Development Plan reviews. Most
administrative decisions are in reference to the Zoning Enforcement Officer, which is the
Building Official who does not actually approve Site Development Plans but administers
Building/Zoning Permits and enforcement actions. The proposed changes add a
statement that decisions and Site Development Plans are appealable to the Zoning
Board of Adjustment. This is intentional to require someone to pursue approval of a
project before contesting how a standard is applied to project. There are no changes to
the Minor Site Development Plan criteria or the other appeal options in relation to the
Zoning Enforcement Officer.
Appeals of decisions regarding zoning related decisions by administrative officers are
authorized by state statute. The City's ordinance follows the state law and identifies the
Zoning Enforcement Officer as the authority for most zoning related determinations.
Administrative permits (e.g. Building/Zoning, Minor Site Development Plans) are rarely
denied and lead to appeals. More commonly, appeals of orders for compliance,
municipal infractions, or interpretations of standards are brought to the Zoning Board of
Adjustment. For example, if staff determines a specific provision of the Zoning
Ordinance applies to a project, a person may appeal that interpretation by the Zoning
Enforcement Officer to the Zoning Board of Adjustment for their review and decision of
the meaning of the standard. The proposed changes keep these current practices as
part of the appeal process.
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However, the new landscape standards include a number of provisions to promote
flexibility through alternative means of compliance or to discretionally modify particular
requirements in order to meet landscaping goals. A project can always move forward
under the base landscape standards without discretionary compliance determinations
on individual landscape provisions. An applicant can seek approval of a project
consistent with the Minor Site Development Plan criteria by complying with the base
standards and no discretionary determinations by the Planning Director. Current
language in 29.1403(8)(a) does not use the term `Planning Director' or reference minor
site development plans when describing when an aggrieved party can appeal a
decision. Staff believes that it is necessary to add this language to make clear this
understanding from state statute and that it applies to decisions concerning Minor Site
Development Plans.
Staff has also proposed changes to the appeal filing process to help clarify the method
of appealing decisions. The changes modify the length of time for filing an appeal to 20
days from a written decision rather than 30 days and removes language about posting
notice in a newspaper that is extraneous to the process.
Additionally, staff has removed extraneous language in the last two sentences of
29.1403(8)(b) addressing a stay of proceedings as the same language is used in
29.1403(8)(c).
At the June 21st Planning & Zoning Commission meeting, the Commission voted 6-0 to
recommend approval to the City Council of the proposed new appeals and exceptions
language.
ALTERNATIVES:
1. The City Council can approve new language governing appeals for minor site
development plans.
2. The City Council can provide direction for alternative language and return prior
to the first reading of an ordinance.
CITY MANAGER'S RECOMMENDED ACTION
After reviewing current appeals language found in Section 29.1403, staff believes
further clarification should be made as to when an appeal can be made and how it is
made with regard to Minor Site Development Plans in conjunction with corresponding
new landscape regulations.
The proposed language preserves the current process for appealing errors in
interpretations and application of standards by the Zoning Enforcement Officer, while
specifying that the final decision by the Planning Director may also be appealed. The
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new language does clarify that individual determinations as part of the landscape plan
review are not appealable, only the final approval or denial of the plan.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1 as described above.
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Attachment A
Excerpt of the Zoning Board of Adjustment Procedures and Exceptions from the Zoning
Ordinance
Proposed changes are shown in strikeou and underline
Sec. 29.1403. ZONING BOARD OF ADJUSTMENT.
(8) Appeals to the Board.
(a) General.
Appeals to the Board may be taken by any person aggrieved by any decision of the Zoning
Enforcement Officer or by any officer, department, board, or bureau of the City affected by any
decision of the Zoning Enforcement Officer. Matters that may be appealed to the Board include
decisions by the Planning Director on Minor Site Plan Development Plan approval.
(b) Filing Appeals to t-he Beard of AdWstm•ent may be taken by any PeFs
effiEer, dePaF+r ent er beaFd of the C+ 4 Gted L any decisien of the Zoning E f recment
O##ieer- A written notice of appeal must be filed with secretary to the Board within 20 days of a
written decision order, or requirement by an administrative official. The written notice of
appeal must specify the grounds thereof for the appeal.
-Such appeal shall be taken wit-1-in 30 days of the decision of the Zoning Enfercement OffieeF b
filing with the seeFetary-ef the BeaFd a WFitten netiee of appeal specifying the gFeunds theFee
provided by the Fegulatien of The secretary of the Board shall give notice of such
appeal within 10 days of the filing of the appeal to the Zoning Enforcement Officer and the
Planning and Housing Director, who shall forthwith transmit to the Board all papers and
documents constituting the record upon which the action appealed from was taken. An appeal
eeFtifies to the BeaFd afteF the netiee ef the-appeal shall have been filed with the Building
Qffieffial, that by Feasen of faets stated on the appeal a stay would, in�`- Bui ding
stays all PFGeeedings -in fuFtheFanee of the aetien appealed frem, unless the Building Qffffieial