Eliminating the zoning special exception process

Every hearing and vote

1. July 20, 2021 · City Council

   Consent agenda: set Aug. 17 and Sept. 7 hearings

   Approved · 7-0

   The Council set hearings for Aug. 17 at 6 p.m. on the administrative appeals amendment, the special exception elimination, the Encircle rezone and the Rosewood Park vacation, and Sept. 7 at 7 p.m. on the downtown improvement area.

   Moved by Council Member Rogers, seconded by Council Member Wharton. Vote: 7-0

2. July 20, 2021 · City Council work session

   Eliminating the special exception process from the zoning ordinance

   Discussed

   Nick Norris said the city processes an average of 156 special exceptions a year, covering things like fence height, outdoor dining, grade changes and accessory building height. The proposal would delete, permit by right or move each of more than 40 special exceptions to another process. Council Member Wharton asked how the public would benefit; Norris cited flexibility, fewer neighbor conflicts and predictability, with Historic Landmark Commission authority retained for historic properties.

3. August 17, 2021 · City Council

   Eliminating the special exception process

   Continued · 7-0

   One speaker raised property value and adverse impact concerns, another referred the Council to an emailed comment on current impacts, and a Verizon Wireless representative supported the ordinance and asked about ground-mounted utility boxes. The Council closed the hearing and asked Planning staff to return with recommendations to reduce the effect of outdoor dining on adjacent residential uses and to address Verizon's requested edits.

   Moved by Council Member Mano, seconded by Council Member Rogers. Vote: 7-0

4. September 21, 2021 · City Council work session

   Eliminating the special exception process from the zoning ordinance (follow-up)

   Pending

   Follow-up briefing on a proposal to delete the special exception process, under which minor changes to dimensional requirements and accessory uses are approved by Planning staff or commissions. More than forty special exceptions would be deleted, permitted or moved to another process.

5. November 9, 2021 · City Council

   Ordinance 64 of 2021: eliminating the special exception process from the zoning ordinance

   Approved with conditions · 6-0

   The Council adopted the ordinance, with the changes in the updated ordinance and the Nov. 9 Council staff report, deleting the special exception process. More than forty special exceptions are deleted, permitted outright or moved to another process. Stated aims include simplifying the code, shifting staff time to updating zoning to match master plans and reducing neighbor conflicts.

   • Petition: PLNPCM2020-00606
   • Conditions: includes changes in the updated ordinance and Nov. 9 staff report

   Moved by Council Member Daniel Dugan, seconded by Council Member Chris Wharton. Vote: 6-0