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HomeMy WebLinkAbout091520-07.1ADMINISTRATIVE STAFF REPORT 7.1 TO: Mayor and Town Council September 15, 2020 SUBJECT: Ordinance No. 2020-04, repealing Ordinance No. 2020-02, which suspended automatic deemed complete and approval deadlines for all land use, subdivision, and zoning applications BACKGROUND AND DISCUSSION On March 17th of this year, the Town Council took two actions in response to the emerging COVID-19 pandemic. The first was to adopt a resolution declaring a local state of emergency. That resolution remains in effect. The Town Council also adopted Ordinance No. 2020-02, which suspended the automatic deemed complete and approval deadlines for all land use, subdivision, and zoning applications found in state law. The concern at that time was that with all of the Town's staff being sent home to work remotely, uncertainty over how and when public hearings could be held, and no idea when staff would be back in the office, a planning application could be submitted by mail and end up with a deemed approved status in the confusion. In the ensuing months, Town staff has worked through issues with processing applications received by mail or in person. The Town has also been able to hold public meetings via Zoom in conformance with the law. Given the current circumstances, Ordinance No. 2020-02 is no longer necessary and should be repealed. PUBLIC CONTACT Notice of this hearing was published in a newspaper of general circulation. FISCAL IMPACT None. RECOMMENDATION Introduce and read by title only Ordinance No. 2020-04, repealing Ordinance No. 2020- 02, which suspended automatic deemed complete and approval deadlines for all land use, subdivision, and zoning applications. Prepared and Reviewed by: Robert B. Ewirn g City Attorney Attachment: Ordinance No. 2020-04 Repeal Ordinance No. 2020-02 2 September 15, 2020 DocuSign Envelope ID: E3CC8318-2067-4C84-A990-71B51ECC83EA ORDINANCE NO. 2020-04 REPEALING ORDINANCE NO. 2020-02, WHICH SUSPENDED AUTOMATIC DEEMED COMPLETE AND APPROVAL DEADLINES FOR ALL LAND USE, SUBDIVISION, AND ZONING APPLICATIONS The Danville Town Council does ordain as follows: SECTION 1. FINDINGS. In enacting this ordinance, the Town Council makes the following findings: 1. In response to federal, state and county health directives issued in March 2020 concerning the COVID-19 pandemic, the Danville Town Council on March 17, 2020, adopted Resolution No. 21-2020, declaring a local emergency. 2. On that same date, the Town Council also adopted Ordinance No. 2020-02, which suspended all automatic deemed complete and approval deadlines for land use, subdivision and zoning applications. This action was taken to ensure that no developments were deemed approved while the Town's Planning Division was working remotely and trying to determine how to notice and hold public meetings. 3. While the Town's emergency declaration remains in effect, there is no longer a need for Ordinance No. 2020-02. The Town staff has developed systems to ensure that all planning applications are processed and reviewed within the applicable timelines. Given that, it is now appropriate to repeal the Ordinance. SECTION 2. REPEALING ORDINANCE NO. 2020-02. Town of Danville Ordinance No. 2020-02, adopted as an urgency ordinance on March 17, 2020, is hereby repealed in its entirety. SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have this ordinance published once in a newspaper of general circulation within fifteen (15) days after adoption. This ordinance shall become effective 30 days after adoption. DocuSign Envelope ID: E3CC8318-2067-4C84-A990-71 B51 ECC83EA The foregoing Ordinance was introduced on September 15, 2020 and approved and adopted by the Danville Town Council at a special meeting held on October 6, 2020, by the following vote: AYES: NOES: ABSTAINED: ABSENT: I TO F.-STOME APPROVED AS TO FORM: ATTEST: DocuSigned by: Q C. w✓J L CITILAXIORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2020-04 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 2 OF ORDINANCE NO. 2020-04