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HomeMy WebLinkAboutZOA-14-02CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO, 03 ORDINANCE NO. 1-548 Series 2014 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC NOTICING REQUIREMENTS (CASE NO. ZOA-14-02) Section 1. Subsection 26-109,B of the Code, concerning published notice, is �"e amended as follows: Section 3. Subsection 26-109,D of the Code, concerning letter notice, is hereby emended as follows: Section 4. Subsection 26-115A of the Code, concerning variances, is hereby mid iiows. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare, The City EST': City of .�,�Wbcatfll �cc Community Development Director City Manager ITEM NO: DATE: April 28,2014 Case No. ZOA-14-02 /Public Notice Council Action Forni April 28, 2014 Page 2 practices, not only for the community as a whole, but also for municipal operations. Three categories organize municipal goals: waste reduction and recycling, natural resource conservation and management, and energy and transportation. The proposed amendment of section 26-109 builds on an ef,"fort of the Community Development Department, to further the City's goals related to sustainability and increased efficiency. Each certified letter now costs the City S.3,78. In addition to cost considerations, certified mailings are no longer an efficient method of notice. The post office attempts to deliver each certified letter three times, and if an adult recipient is not available to sign for it the mailing is returned to the post office and must be picked tip there. Many letters are not retrieved resulting in a waste of money and a failure to notify property owners. Published and Posted Notice In addition to mailing letters, public hearings are announced through publications and sign postings. The proposed code amendment will include cleanup of two items in the code which are unclear and inconsistent with current practice. Regarding posted notice, applicants are provided a sign that is displayed on the property for 15 days prior to the public hearing. The code includes an inconsistency in which it mentions a 10- day and 15-day posting period. Staff is recommending this error be corrected, so the code consistently refers to a 15-day posting period. ORDINANCES FOR IST READING (04/14/2014) ORDINANCES FOR 2 N' READING (04/28/2014) ' Community Development Director Case No, ZOA- 14-02 / Public Notice Council Action Form April 14, 2014 Page 2 practices, not only for the community as a whole, but also for municipal operations, Three categories organize municipal goals: waste reduction and recycling, natural resource conservation and management, and energy and transportation, The proposed amendment of section 26-109 builds oil an effort of the Community Development Department to further the City's goals related to sustainability and increased efficiency. Each certified letter now costs the City $3.78. In addition to cost considerations, certified mailings are no longer an efficient method of notice. The post office attempts to deliver each certified letter three times, and if all adult recipient is not available to sign for it the mailing is returned to the post office and must be picked up there. Many letters are not retrieved resulting in a waste of money and a failure to notify property owners. Published and Posted Notice In addition to mailing letters, public bearings are announced through publications and sign postings. The proposed code amendment will include cleanup of two items in the code which are unclear and inconsistent with current practice, Regarding posted notice, applicants are provided a sign that is displayed on the property for 15 days prior to the public hearing. The code includes an inconsistency in which it mentions a 10- day and 15-day posting period. Staff is recommending this error be corrected, so the code consistently refers to a 15-day posting period. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 03 ORDINANCE NO. Series 2014 TITLE: J© ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC NOTICING REQUIREMENTS (CASE NO. ZOA-14-02) WHEREAS, the City Council ® the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City oY Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted - ■:,t,© concerning the noticing requirements associated with public hearings for !and use applications; and WHEREAS, the City has identified a need to update these requirements for the purposes of clarity, cost savings, sustainability, efficiency; and WHEREAS, © City !- ®! that this update does not diminish the quality, duration, or extent of public notification; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY *F WHEARID . COLORADO: Section 1. Subsection 26-109,13 of the Code, concerning published notice, is hereby amended as follows: Section 3. Subsection 26-109D of the Code, concerning letter notice, is hereby amended as follows* Section 4. Subsection 26-115.A of the Code, concerning variances, is hereby amended as follows: Section 5. Safely Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection • public convenience and welfare. The City M Council further determines that the Ordinance bears a rational relation to the itroper legislative object sought to be attained. Section 6. Severabilily, Confligfing Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 14th day of April, 2014, ordered published with Public Hearing and co on final passa e set for Monday, April 28, 2014 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of — to day of 2014. SIGNED by the Mayor • this _ day of 2014, ma ZTOVIM��� . 1 9 PIZ First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 0 PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: March 20, 2014 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC NOTICING REQUIREMENTS CASE NO. ZOA-14-02 El PUBLIC HEARING 0 CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak, planner 11 Date of Preparation: March 11, 2014 oil M n Notice for this public hearing was provided as required by the Code of Laws, WMx" In March of 2013, the City of adopted a Sustainabifity Policy and Plan. The plan was created by a multi - department committee of employees and has the following mission statement: "The City of Wheat Ridge strives to manage all of itstesources in a responsible manner with a focus on the long -term environmental, economic and social well-being of the City and staff." The plan identifies goals and strategies for sustainable practice not only for the community as a whole, but also related to municipal operations. Three categories organize municipal goals: waste reduction and recycling, natural resource conservation and management, and energy and transportation. Within the Community Development Department there is an opportunity to further the City's goals related to sustainability while saving money and increasing efficiency. At all administrative level, staff has recently implemented an electronic referral system to reduce paper ZOA- 14-02 / Public Notice waste associated with the land use case referral process. The purpose of this memo is to outline an additional strategy that will support sustainability goals but requires a code amendment to section 26-109 of the municipal code. Letter Notice Section 26-109 of the zoning code establishes the public hearing notice procedure. These provisions require that a letter be sent to each property owner within 300 feet of a subject property. The code specifically requires letters to be sent via USPS certified mail. This service allows a sender to know when an item is delivered or attempted, but delivery requires the signature of a recipient. Each certified letter now costs the City $3.78. In addition to cost considerations, certified mailings are no longer an efficient method of notice. The post office attempts to deliver each certified letter three times, and if an adult recipient is not available to sign for it the mailing is returned to the post office and must be picked up there. Many letters are not retrieved by the intended recipient and are ultimately returned to the City. This results in a waste of trioney and a failure to notify property owners. For the purpose of understanding these impacts, staff offers the following example: In the fall of 2013, City Council held a public hearing to decide upon a subdivision plat for the Incarnation project at W. 39 Place and Fenton Court. 'File required letter notice included 96 addresses at a cost ot Of the 96 letters sent, 26 were eventually returned to the City—the equivalent of $92.56. If the mailing had been sent as first class mail, it would have cost (at that time) $43.20 resulting in a cost savings of nearly $298.56. if the City sent public hearing notices by first class mail, savings could be in the thousands of dollars. In addition, the likelihood of delivery is increased because a recipient signature would no longer be required. Staff is requesting to remove the cert Died mailing requirement from the code and specify that first class mail is acceptable for letter notice. Published and Posted Notice In addition to mailing letters, public hearings are announced through publications and sign postings. The proposed code amendment will include cleanup of two items in the code which are unclear and inconsistent with current practice. * Note that at the time of this mailing, certified letters each cost $3.56; postage costs, have since increased to $3.78. ZOA-14-02 / Public Notice Regarding posted notice, applicants are provided a sign that is displayed on the property for fifteen (l 5) days prior to the public hearing. The code includes an inconsistency in which it mentions a I 0-day and 15-day posting period. Staff is recommending this error be corrected, so the code consistently refers to a 15-day posting period. "I move to recommend approval of the proposed ordinance amending section 26-109 of chapter 26 of the Wheat Ridge code of laws, concerning public noticing requirements." Exhibits: 1. Proposed Ordinance ZOO -14 -0 1/ Public Notice CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2014 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC NOTICING REQUIREMENTS (CASE NO. ZOA-14-02) WHEREAS, the City Council of the City of Wheat Ridge is authorized by t Home Rule Charter and the Colorado Constitution and statutes to enact and enforri *rdinances for the preservation of the public health, safety and welfare; and E WHEREAS, in the exercise of that allthority, the City Council of the City Wheat e has previously enacted Chapter 26 of ©- Wheat Ridge Code of Laws (t "Code") pertaining to zoning, land use, and development; and I WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning the noticing requirements associated with public hearings for land use applications; and ; WAS WHEREAS, the City believes that this update does not diminish the quality, 4uration, or extent of public notification, NOW THEREFORE BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-109.13 of the Code, concerning published notice, is - ®t amended as follows: Section 3. Subsection 26-109.D of the Code, concerning letter notice, is hereby amended as follows: 14 ..."19MMUMU MOM INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 14th day of April, 2014, ordered published with Public Hearing and co�s`ideration *n final passa I e set for Monday, April 28, 2014 at 7:00 p.m., in the Council Chambers, P 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to —, this day of 2014. SIGNED by the Mayor on this — day of , 2 � USTI K mr-mm FAA M 9:401M��� First Publication: Second Publication: Effective Date 91 I a x a IIza -as w w&-hillm s The proposed ordinance is available in electronic form on the City's official website, www.ci.whe e.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, March 6, 2014 The following case shall be heard: Case No.,ZOA-14-02: Amendment to Public Noticing Requirements in Section 26-109 of the Municipal Code. Assistant Case No OAT 402 Bate Received w.a 2121'201 ., Related Cases Case Planner m kkulak ......e ....: ... ._, e.. Lase A9e.�`l'.rtif}ttW Amendment tt7 pubic nf7�ICing teq�afrements ttY �JBCtXOt1 ��-^}�� of t}7E3 �klYitGtj�e'3l Code. .: ,, ..:. .. .... ..... .. ... ._.. .., ,. ,.. .d .,.. .. ^. Name Ckty of at Ridge" Name Phone Address 7500LV 29th Ave City 4VheatRXdge State ; CO zip ;80033^ ._. ... ,.w ,.,. .,.. Name Name _... } Phone Address CRY State Zip NameCity oaf vheat Ridge Name Phone w,.. _ .... Address 7500 29th Ave. i Wheat Ridge State CO [ Zip '80033 � MANaw&w w Address S tree t Clt} State : C O I Z . Location Description Protect Name ' Parcel Na Qtr Section tstti t NS7 Parcel No, r; Qtr Section: i District No-: Pie-App Date Neighborhood Meeting Date App No: z Review Type Review Body Review Bate Disposition Comments Report rr .lt�j�'CfiJft7NT Case Disposition [�) Disposkion Bate i Conditions of Approval Notes .. _ m ^.^ �._. ,,. .. ,...r ., , ^.w... ...^ _._. �.�.._ ,.. .. _,... „u ... _.... Status Open lies# ,Ord# . .._....,.r Storage ... yr,, C of � W �COMMIJNITY DwE�LOPMENT TO: Planning Commission FROM: Meredith Reckert, Senior Planner DATE: September 9, 2013 SUBJECT: Sustainability issues N 91INUTMIMM !1, 1! PC A, Pre-application neighborhood meeting. Prior to submitting any application, for approval which requires a neighborhood meeting under the provisions of section 26-106, Review process chart, an applicant shall be required to do the following: 1 Postponements: After a public hearing has been legally noticed, only one (1) postponement by the applicant may be allowed by the planning commission, board of adjustment or city council, Upon the second request for postponement, the planning commission, board of adjustment or city council shall have the authority, which they may exercise at their discretion, to dismiss the application. 3. Quasi-judicial matters: Any application which involves the use and/or development of a specific parcel of land, as opposed to a city-initiated large area or city-wide proposal, is considered a quasi-judicial matter. Therefore, applicants, opponents and proponents are prohibited from making ex parte contact (that is, contact outside of the public hearing forum) with any member of the decisionmaking authority. F. Public notice time requirements. Unless otherwise provided in the Code of Laws, public notice time requirements include the day the notice is posted, appears in the newspaper, or is received by a recipient, and shall also include the day of the public hearing, By way of example, a public hearing advertised in a Thursday newspaper, which requires a fifteen-day notice, is J­ igible for hearing no sooner than the second subsequent Thursday. (Ord. No. 2001-1215, § 1, 2-26-01; Ord, Na. 1288, §§ 1, 2, 5-12-03; Ord, No. 1356, § 1, 4-14-06)