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HomeMy WebLinkAboutZOA-05-03INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 07-2006 Ordinance No. 1356 Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-109 of the Code of Laws is hereby amended as follows: Sec. 26-109. Public hearing notice and procedure. A. Pre-application neighborhood meeting. Prior to submitting any application €er a fezening for approval which requires a neighborhood meeting under the provisions of Section 26-106, Review process chart, °a -'-°i°a devel°°ment °r far ° speeial use °ffik, an applicant shall be required to do the following: Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within six hundred (600) feet of the area subject to the land use application prepesea te be rezoned e f _ ...high ° tise _...:.as ei fied above is seught, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. 2. The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied the right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this subsection is encouraging reasonable, honest, good faith communication between residents and applicants, and vice versa. 3. No application shall be accepted by the city's staff until applicant has certified by affidavit that he has complied with the provisions of this subsection A. B. Newspaper publication. At least ten (10) fifteen(5) days prior to any public hearing for a specific site or development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be published, in the legal section of a newspaper of general circulation within the city, a notice of public hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by city council shall be subject to the regular ordinance approval process, which includes a first reading of the ordinance by city council at a regular meeting where no testimony is allowed. Then, if passed upon first reading, council establishes the time and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as described above. C. Posted notice. At least ten (10) fifteen(15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address or approximate address. andgega4 deseriptiefl. The sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign shall be maintained in good condition by the applicant throughout the ten (10) day posting period. The sign shall be removed within 72 hours from the date the public hearing is concluded. The fact that a parcel was not continuously posted the full ten (10) fifteen(15) days may not, at the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. D. Letter notice. At least ten (10) fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by certified mail, a letter to adjacent property owners within afte hundred (100) three hundred (300) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority pla ning eemmissien er eeuneil and shall not be regarded as constituting inadequate notice Section 2. 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 Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting 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 section, 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 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 13th day of March, 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final assage set for March 27, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 299 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 this 27th day of march 1 2006. SIGNED by the Mayor on this 4th day of April 2006. Je ullio, Mayor Y. Z AP O AS TO FORM BY CITY ATTORNEY: Ge ah1, City Attomey I" Publication: March 16, 2006 2"d Publication: March 30, 2006 Wheat Ridge Transcript Effective Date: April 14, 2006 CITY COUNCIL MINUTES MARCH 27, 2006 Page -2- B RESOLUTION 13-2006 - APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $80,000 FOR THE PROJECT C RESOLUTION 14-2006 -APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE DESIGNATED EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF WHEAT RIDGE D RESOLUTION 15-2006 -AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR CONTRIBUTION TO THE 2006 WHEAT RIDGE CARNATION FESTIVAL. Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz for approval of the Consent Agenda, seconded by Mrs Sang, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26- 109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES (Case No ZOA-05-03) Mayor DiTullio opened the public hearing Council Bill 07-2006 was introduced on second reading by Mr Womble Clerk assigned Ordinance No 1356 Alan White, Director of Community Development, presented the staff report. Notice of the public hearing was provided as required by the municipal code Mayor closed the public hearing Motion by Mr Womble to approve Council Bill 07-2006 (Ordinance No 1356) and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 7-0 w~E ITEM NO' ~ 9\ ~4. l~l _ lml REQUEST FOR CITY COUNCIL ACTION L COUNCIL MEETING DATE. March 27, 2006 TITLE: COUNCIL BILL 07-2006, AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES (CASE NO. ZOA 05-03) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date- March 13, 2006) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial. ❑ Yes No yg t Ll~/~ c~ lye ~ Community Development Director City Mana EXECUTIVE SUMMARY: Planning Commission requested that staff look at the City's public hearing notice requirements compared to other cities. The changes in the proposed ordinance are those Council directed staff to make at a study session on February 6, 2006 The changes requested by Council are 1 Increase the size of the posted notice sign to 22" x 28". 2. Increase the area for mailed notices from 100 feet to 300 feet from the subject property 3 Decrease the noticing period from 15 days to 10 days. 4 Require that public notice signs be removed from the subject property within 72 hours following the conclusion of the public hearing. 5 Include the minor clarifications proposed by staff. Planning Commission considered an ordinance on this subject on January 5, 2006 and recommended a larger sign and longer noticing period. Other recommendations were requested to be included by Council. The proposed ordinance relates to Council's goal of creating a strong partnership between the City and community by providing increasing the community's awareness of upcoming land use case hearings. COMMISSIONIBOARD RECOMMENDATION: Planning Commission recommended changing the City's public notice requirements in the following ways 1 increase the distance for notifying affected landowners from 100 feet to 300 feet. 2 Increase the size of the posted sign from 18" x 24" to 36" x 48". 3 Changing the notice period from 15 days to 21 days. 4 Include a time period (72 hours) for removal of signs after the public hearing is conducted. STATEMENT OF THE ISSUES: Changes to the noticing requirements can affect the cost and length of time to process a land use application. The proposed ordinance as directed by Council from the study session will have the following impacts. The increased notification distance will increase the number of mailings to prepare and staff time to prepare those mailings. The increased number of mailings will increase the cost of postage for all land use applications. 2. The larger sign will be slightly more expensive to have printed. These increased costs will be passed on to applicants. By ordinance, the costs of public hearing notices are to be reimbursed to the City Public notice fees will need to increase a minimum of $85 00 to cover increased costs. This applies to all land use applications, even relatively minor ones like variances. On larger projects we will recover actual costs. 4 The decreased notice period will not immediately shorten the noticing period for Planning Commission hearings because of the printing schedule of the Transcript. On land use cases requiring first and second readings, the 10-day period will enable us to schedule the two readings two weeks apart instead of the current four weeks, saving the applicant two weeks. ALTERNATIVES CONSIDERED- I Require larger signs. 2. Require a longer noticing period. 3 Do not make changes to the current requirements. FINANCIAL IMPACT: There will be increased postage, printing and personnel costs incurred by the City resulting from the snciong4l02xuscrrsSasshite~AII Fdesvoning amendmcnts.Nuticmg Requirements' 2nd Reading (AICAoc adoption of this ordinance. It is estimated that these increases will total $75.00 for an "average" land use application. The costs of public noticing are reimbursed by land use applicants. Application fees will be increased to cover these costs. RECOMMENDED MOTION: "I move to approve Council Bill 07-2006 on second reading and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 07 - 2006 " Report Prepared by Alan White, Community Development Director Reviewed by Attachments: 1 Council Study Session Memo dated January 31, 2006 2. Table of Other Jurisdiction Requirements 3 Council Bill 07-2006 srnil-eng-uo2'.users$ awhile 411 Piles.70mng amendments.Nuticing Requirements 2nd Reading C4PAM City of Wheat Ridge of ""EA P Community Development Department Memorandum CSC pR TO: Mayor and City Council FROM: Alan White, Community Development Director SUBJECT: Public Notice Requirements DATE: January 31, 2006 Planning Commission requested that staff look at our public hearing notice requirements compared to other cities. A memorandum to Planning Commission, a chart summarizing the comparison, and a proposed ordinance are attached. Planning Commission recommended changing our public notice requirements in the following ways: 1 Increase the distance for notifying affected landowners from 100 feet to 300 feet. 2 Increase the size of the posted sign from 18" x 24" to 36" x 48" 3 Changing the notice period from 15 days to 21 days. 4 Include a time period (72 hours) for removal of signs after the public hearing is conducted. There are also a few minor clarifications proposed by staff Impacts The proposed changes will impact staff and applicants in the following ways. 1 Increased staff time and postage cost. The letter notices are prepared and mailed by staff Additional staff time to prepare mailing lists and mailings for the required letters. There is an additional cost associated with this increased staff time. The additional cost is difficult to quantify because a larger project generates a larger mailing. There really isn't an "average mailing." in addition, the cost of certified mailing postage has increased. 2 Increased cost of larger sign. The City provides the signs that are, in turn, posted by the applicant. The larger signs will cost an additional $7.00 to print. There is also the very real challenge of finding a place to store the larger signs. Applicants will have a more difficult time posting the larger sign. 3 Costs passed on to applicants. By ordinance, the costs of public hearing notices are to be reimbursed to the City Public notice fees will need to increase a minimum of $85 00 to cover increased costs. This applies to all land use applications, even relatively minor ones like variances. On larger projects we recover actual costs. 4. Increased project review delays. The additional notice period will result in at least a cumulative two week delay in processing applications. There will be approximately one ATTACHMENT 1 month between the time the notice is sent to the newspaper and when the notice appears in the paper. A Council hearing on February 27`h would have to be to the newspaper by January 31" and published on February 2"d to meet the 21 day requirement. This is the opposite of business friendly. Staff Recommendations 1. Increase the notification area to 300 feet. 2 Increase the sign size to 22" x 28" (or no more than 24" x 36") 3 Do not increase the notice period from 15 to 21 days. 4 Include the 72 hour removal requirement. Include staff clarifications. Attachments. Planning Commission Memorandum Comparison Chart Draft ordinance with staff recommendations. PUBLIC NOTICE REQUIREMENTS Jurisdiction Notice to Landowners # of Days Sign Size Arvada 400' 12 24" x 36" Aurora Abutting land 10 24" x 24" Broomfield 500' 10 22" x 28" Centennial Adjacent land 14 Tx 4' Commerce City 300' 10 24" x 36" Denver Not required 21 Prescribed b Zoning Administrator Englewood 500' 10 22" x 28" Golden 300' 12 24" x 36" Jefferson Count 500' 14 24" x 30" Lafayette 750' 10 Not specified Lakewood 500' 15 24" x 36" Littleton Not required 10 Tx 4' Lone Tree 200' 15 -3V x 4' Louisville 500' 15 Not specified in code North lenn 500' 15 20" x 26" Thornton 600' 10 24" x 42" Westminster 300' 12 30 s f. Wheat Ride 100' 15 18" x 24" Notes. (1) 15 days for sign (2) Technically not required by code (3) Planning commission only; not required for city council (4) Four days required for city council ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT Section 1. Section 26-109 of the Code of Laws is hereby amended as follows: See. 26-109. Public hearing notice and procedure. A. Pre-application neighborhood meeting Prior to submitting any application for- a-rtizefi.ig 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 Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within six hundred (600) feet of the area subject to the land use application for whieh . use pefffli; as ei fled a ..e is saught, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. 2. The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied the right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this subsection is encouraging reasonable, honest, good faith communication between residents and applicants, and vice versa. 3 No application shall be accepted by the city's staff until applicant has certified by affidavit that he has complied with the provisions of this subsection A. B Newspaper publication. At least ten (10) fifteen (tom days prior to any public hearing for a specific site or development which requires approval by the planning commission, ATTACHMENT 3 board of adjustment or city council, the director of community development shall cause to be published, in the legal section of a newspaper of general circulation within the city, a notice of public hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by city council shall be subject to the regular ordinance approval process, which includes a first reading of the ordinance by city council at a regular meeting where no testimony is allowed. Then, if passed upon first reading, council establishes the time and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as described above. C. Posted notice. At least ten (10) fifteen (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested, the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address or approximate address. and legal . The sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign shall be maintained in good condition by the applicant throughout the ten (10) day posting period. The sign shall be removed within 72 hours from the date the public hearing is concluded. The fact that a parcel was not continuously posted the full ten (10) F=.(15) days may not, at the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. D Letter notice At least ten (10) fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by certified mail, a letter to adjacent property owners within one hundred (100) three hundred (300) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested, the hearing authority; the time, date and location of heanng; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice Section 2. 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 Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting 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 section, 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 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _ on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7.00 o'clock p.m., in the Council Chambers, 7500 West 29`h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2006 SIGNED by the Mayor on this day of 2006. Jerry DiTulho, Mayor ATTEST Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY Gerald Dahl, City Attorney I" Publication. 2°'i Publication Wheat Ridge Transcript Effective Date- of w„Eqr ITEM NO: a U oRAOp m REQUEST FOR CITY COUNCIL ACTION i COUNCIL MEETING DATE: March 13, 2006 TITLE: COUNCIL BILL 07-2006, AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES (CASE NO. ZOA 05-03) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: March 13, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Planning Commission requested that staff look at the City's public hearing notice requirements compared to other cities. The changes in the proposed ordinance are those Council directed staff to make at a study session on February 6, 2006. The changes requested by Council are: Increase the size of the posted notice sign to 22" x 28" 2. Increase the area for mailed notices from 100 feet to 300 feet from the subject property. 3. Decrease the noticing period from 15 days to 10 days. 4. Require that public notice signs be removed from the subject property within 72 hours following the conclusion of the public hearing. 5. Include the minor clarifications proposed by staff. Planning Commission considered an ordinance on this subject on January 5, 2006 and recommended a larger sign and longer noticing period. Other recommendations were requested to be included by Council. The proposed ordinance relates to Council's goal of creating a strong partnership between the City and community by providing increasing the community's awareness of upcoming land use case hearings. COMMISSION/BOARD RECOMMENDATION: Planning Commission recommended changing the City's public notice requirements in the following ways: 1. Increase the distance for notifying affected landowners from 100 feet to 300 feet. 2. Increase the size of the posted sign from 18" x 24" to 36" x 48". 3. Changing the notice period from 15 days to 21 days. 4. Include a time period (72 hours) for removal of signs after the public hearing is conducted. STATEMENT OF THE ISSUES: Changes to the noticing requirements can affect the cost and length of time to process a land use application. The proposed ordinance as directed by Council from the study session will have the following impacts: 1. The increased notification distance will increase the number of mailings to prepare and staff time to prepare those mailings. The increased number of mailings will increase the cost of postage for all land use applications. 2. The larger sign will be slightly more expensive to have printed. 3. These increased costs will be passed on to applicants. By ordinance, the costs of public hearing notices are to be reimbursed to the City. Public notice fees will need to increase a minimum of $85.00 to cover increased costs. This applies to all land use applications, even relatively minor ones like variances. On larger projects we will recover actual costs. 4. The decreased notice period will not immediately shorten the noticing period for Planning Commission hearings because of the printing schedule of the Transcript. On land use cases requiring first and second readings, the 10-day period will enable us to schedule the two readings two weeks apart instead of the current four weeks, saving the applicant two weeks. ALTERNATIVES CONSIDERED: 1. Require larger signs. 2. Require a longer noticing period. 3. Do not make changes to the current requirements. FINANCIAL IMPACT: There will be increased postage, printing and personnel costs incurred by the City resulting from the \\srv i-eng-002\users$\awhite\All Files\zoning amendments\Noticing Requirements\I st Reading CAF.doc adoption of this ordinance. It is estimated that these increases will total $75.00 for an "average" land use application. The costs of public noticing are reimbursed by land use applicants. Application fees will be increased to cover these costs. RECOMMENDED MOTION: "I move to approve Council Bill 07-2006 on first reading, order it published, public hearing set for Monday, March 27, 2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 07 - 2006. Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Study Session Memo dated January 31, 2006 2. Table of Other Jurisdiction Requirements 3. Council Bill 07-2006 \\sr cicng-002\users$\awhite\AII Files\zoning amendments\Noticing Requirements\lst Reading CAF.doc City of Wheat Ridge of ""EqT Community Development Department Memorandum Cp~~RA~O TO: Mayor and City Council FROM: Alan White, Community Development Director SUBJECT: Public Notice Requirements DATE: January 31, 2006 Planning Commission requested that staff look at our public hearing notice requirements compared to other cities. A memorandum to Planning Commission, a chart summarizing the comparison, and a proposed ordinance are attached. Planning Commission recommended changing our public notice requirements in the following ways: 1. Increase the distance for notifying affected landowners from 100 feet to 300 feet. 2. Increase the size of the posted sign from 18" x 24" to 36" x 48". 3. Changing the notice period from 15 days to 21 days. 4. Include a time period (72 hours) for removal of signs after the public hearing is conducted. There are also a few minor clarifications proposed by staff. Impacts The proposed changes will impact staff and applicants in the following ways: Increased staff time and postage cost. The letter notices are prepared and mailed by staff. Additional staff time to prepare mailing lists and mailings for the required letters. There is an additional cost associated with this increased staff time. The additional cost is difficult to quantify because a larger project generates a larger mailing. There really isn't an "average mailing." In addition, the cost of certified mailing postage has increased. 2. Increased cost of larger sign. The City provides the signs that are, in turn, posted by the applicant. The larger signs will cost an additional $7.00 to print. There is also the very real challenge of finding a place to store the larger signs. Applicants will have a more difficult time posting the larger sign. Costs passed on to applicants. By ordinance, the costs of public hearing notices are to be reimbursed to the City. Public notice fees will need to increase a minimum of $85.00 to cover increased costs. This applies to all land use applications, even relatively minor ones like variances. On larger projects we recover actual costs. 4. Increased project review delays. The additional notice period will result in at least a cumulative two week delay in processing applications. There will be approximately one ATTACHMENT 1 month between the time the notice is sent to the newspaper and when the notice appears in the paper. A Council hearing on February 27`h would have to be to the newspaper by January 3 and published on February 2nd to meet the 21 day requirement. This is the opposite of business friendly. Staff Recommendations 1. Increase the notification area to 300 feet. 2. Increase the sign size to 22" x 28" (or no more than 24" x 36"). 3. Do not increase the notice period from 15 to 21 days. 4. Include the 72 hour removal requirement. 5. Include staff clarifications. Attachments: 1. Planning Commission Memorandum 2. Comparison Chart 3. Draft ordinance with staff recommendations. PUBLIC NOTICE REQUIREMENTS Jurisdiction Notice to Landowners # of Days Sign Size Arvada 400' 12 24" x 36" Aurora Abutting land 10 24" x 24" Broomfield 500' 10 22" x 28" Centennial Adjacent land 14 3'x 4' Commerce City 300"41 10 24" x 36" Denver Not required 21 Prescribed by Zoning Administrator Englewood 500' 10 - 22" x 28" - Golden 300' 12 243'x 36" Jefferson Count 500' 14 24" x 30" Lafayette 750' 10 Not specified Lakewood 500' 15 24" x 36" Littleton Not required 10 3'x 4' Lone Tree 200' 15 Tx 4' Louisville 500' 15 Not specified in code North lenn 500' 15 20" x 26" Thornton 600' 10 24" x 42" Westminster 300' 12 30 s.f. Wheat Ride 100' 15 18" x 24" Notes: (1) 15 days for sign (2) Technically not required by code (3) Planning commission only; not required for city council (4) Four days required for city council ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-109 of the Code of Laws is hereby amended as follows: Sec. 26-109. Public hearing notice and procedure. A. Pre-application neighborhood meeting. Prior to submitting any application for a fezening c - higher use dian is "'ently ^efmi4te for approval which requires a neighborhood meeting under the provisions of Section 26-106, Review process chart, of a planned development, or- for- a speeialuse , an applicant shall be required to do the following: 1. Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within six hundred (600) feet of the area subject to the land use application propase.. to be rezoned for- v~~ieh u use cY.,.,._..,.. . _ is sought, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied the right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this subsection is encouraging reasonable, honest, good faith communication between residents and applicants, and vice versa. 3. No application shall be accepted by the city's staff until applicant has certified by affidavit that he has complied with the provisions of this subsection A. B. Newspaper publication. At least ten (10) fifteen (15) days prior to any public hearing for a specific site or development which requires approval by the planning commission, ATTACHMENT 3 board of adjustment or city council, the director of community development shall cause to be published, in the legal section of a newspaper of general circulation within the city, a notice of public hearing. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by city council shall be subject to the regular ordinance approval process, which includes a first reading of the ordinance by city council at a regular meeting where no testimony is allowed. Then, if passed upon first reading, council establishes the time and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as described above. C. Posted notice. At least ten (10) fifteen (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by Beth address or approximate address. and legal a°°""""e^. The sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign shall be maintained in good condition by the applicant throughout the ten (10) day posting period. The sign shall be removed within 72 hours from the date the public hearing is concluded. The fact that a parcel was not continuously posted the full ten (10) fifteen (15) days may not, at the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. D. Letter notice. At least ten (10) fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by certified mail, a letter to adjacent property owners within n°hto reams) three hundred (300) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority ' eity ee °eil and shall not be regarded as constituting inadequate notice Section 2. 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 Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3 Severability' Conflicting 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 section, 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 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2006. SIGNED by the Mayor on this day of , 2006. Jerry DiTullio, Mayor ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY: Gerald Dahl, City Attorney 1" Publication: 2„ d Publication: Wheat Ridge Transcript Effective Date: Mr. Durbin expressed concern about the proposed auto parts business to be built at 381i and Benton. He objected to the building being built so close to the sidewalk and expressed concern that the building would cast a shadow onto 38th Avenue causing snow and ice buildup problems in the winter. He believed the building should be set back to be in line with other buildings on the street He was also concerned that this building did not require urban renewal approval even though it is in an urban renewal area. He stated that he understood the builder would be asking for a sign variance. He believed the signs should meet sign code. Alan White stated that this application has been thoroughly reviewed by staff over the past several months. The property is zoned C-1 and an auto parts store is a use by right in this zone. The urban renewal plan is a guideline for future development. However, unless the zoning is changed, the city is obligated to issue building permits. The streetscape and architectural design manual requires setbacks closer to the street in an effort to create a pedestrian friendly situation. The builder applied for a variance to allow for more of a setback from the sidewalk, but was denied by the Board of Adjustment. The city presently has no regulations regarding a building's shadowing onto streets and sidewalks. The builder is requesting a variance for sign height. Staff is recommending denial of the variance. PUBLIC HEARING A. ZOA-05-03: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to public noticing. This case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and then reviewed the staff report. Commissioner WESLEY commented that as more people receive notices about public hearings, more people will become involved in the public hearing process. Commissioner MCMILLIN favored having public hearing notice signs large enough to be read from the street. Commissioner BRINKMAN expressed concern that the ordinance has no provision for establishing the length of time a sign may be posted on a property. This would especially become an issue when there are multiple hearings and it could be confusing if old signs are not taken down right after the hearings. Commissioner SCEZNEY suggested that a provision also be included that would require maintenance of the public notice signs. There was no one from the public who indicated they would like to address this case. It was moved by Commissioner WESLEY and seconded by Commissioner BRINKMAN to recommend approval of the ordinance with the following additions: Notification period for newspapers, public notices and property signs shall be increased from 15 to 21 days. Planning Commission Page 2 January 5, 2006 • The applicant shall post and maintain the sign. • The applicant shall remove public notice sign from property within 72 hours following the public hearing. The motion passed 6-0 with Commissioner STEWART and PLUMMER absent. B. Case No. ZOA-05-06: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and then reviewed the staff report and digital presentation. Commissioner McMILLIN commented that while we are decreasing setbacks for buildings we are increasing them for signs. There was discussion about pole signs versus monument signs. The possibility of offering incentives to replace nonconforming pole signs with freestanding signs was discussed. For example, fees can already be waived; setbacks could be reduced. Commissioner McMILLIN expressed concern that monument signs placed close to pedestrian corners would prohibit visibility for both pedestrians and motorists. He cited the Starbucks sign at 38a' and Kipling as an example. Commissioner WESLEY suggested that some kind of allowance be made for line-of-sight issues. Commissioner McMILLIN commented that monument signs all tend to look the same and have no personality. There are also older signs in the city that have historical significance that add character to the city. He was in favor of incentives to replace nonconforming signs. He further commented that he admired the reasonable language contained in the ordinance. Commissioner BRINKMAN stated that she would vote against the ordinance because it would allow nonconformity to continue. Commissioner WESLEY stated that he was opposed to language in the ordinance which allows nonconformity to remain. He commented that some signs could never reduce their setbacks and therefore be nonconforming forever. The strategic plan calls for the city to have a high priority for reducing nonconforming signs. New signage sometimes encourages new customers for businesses. He further commented that passage of this ordinance would send the message that we really don't have a vision for our city. He favored tabling consideration of the ordinance in order to take a closer look at an incentive program. There was no one from the public who indicated they would like to address this case. It was moved by Commissioner WESLEY and seconded by Commissioner CHILVERS to recommend denial of the ordinance amending subparagraph 1 of the nonconforming provisions of the sign code as presented by staff. The motion passed by a vote of 5-1 with Commissioner McMILLIN voting no and Commissioners STEWART and PLUMMER absent. Planning Commission Page 3 January 5, 2006 City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Alan White, Community Development Director D1 VI SUBJECT: Public Notice Requirements DATE: December 27, 2005 v Planning Commission earlier in 2005 took action to recommend changes to the public notice requirements for public hearings. Staff has prepared the required ordinance and it is attached as Exhibit 1. It is not clear from our records if the ordinance was reviewed at a public hearing as required for changes to the zoning regulations. Also, there were a few changes staff thought should be made to clarify when neighborhood meetings were required. Before forwarding this item to City Council, staff wanted to be sure we held the required public hearing and to include staff recommended changes. Minutes of the meeting when your recommendations were made are attached as Exhibits 2 and 3. Planning Commission requested that the Department research other jurisdictions' requirements for public noticing, in particular the distance for which mailings are sent and the size of signs that are required to be posted. That research is attached as Exhibit 4. The Commission recommended that an ordinance be drafted changing our current requirements as follows: NOUCin Requirement Current Requirement Prosed New Re uirement Letters to owners 100' 300' Size of Sin 18" x 24" 36" x 48" There are implications to making these changes. Currently the letter noticing is completed by staff. Staff time to research owners and prepare certified mailings will increase. It is difficult to estimate the increase in staff costs. A large parcel could generate hundreds more letters by increasing the mailing distance to 300 feet. A variance might generate only a dozen more letters with the 300-foot requirement. With the increase in the number of notices comes an increase in the cost of postage, which is soon to increase to 39 cents regardless of your recommendation. Postage costs are reimbursed to the City's general fund. It is estimated that application fees will need to increase a minimum of $78.00 to cover these increased costs, the majority of which is the cost of certified mail postage. The City provides the signs and the larger signs will cost an additional $7.00 to print. Publication/public notice fees will need to increase a total of $85.00 to cover these additional costs to the Department. The increase in fees will affect all land use applications, even relatively minor applications such as variances. The cost of a variance will increase from $390 to $475. \\srv-ci-=g-002\usm$\awhite\AII Files\zoning amendmentANoticing Requirements\Memo to PC.doc The noticing requirements currently are the same for all applications requiring a public hearing and they need to stay the same for several reasons: 1) Given all the public hearings we provide notices for (Planning Commission, Board of Adjustment, City Council), this is time-consuming task for staff and standardized requirements result in routine preparation and efficient use of staff time, ultimately resulting in savings to the customer; 2) Standardization means less chance of mistakes being made and postponing or continuing hearings; and 3) One requirement creates a consistent expectation and lessens confusion of the public. All of these are compromised if the noticing requirements are, for example, 100' for variances, 200' for special uses, and so on. SUGGESTED MOTIONS: "I move to recommend approval of the ordinance amending public notice requirements for signs and mailings as prepared by staff." Or, if you make changes: "I move to recommend approval of the ordinance amending public notice requirements with the following change(s): 2." Exhibits: \\srv-ci-mg-002\users$\awhite\A11 Files\zoning amendments\Noticing Requimments\Memo to PC.doc INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-109 of the Code of Laws is hereby amended as follows: Sec. 26-109. Public hearing notice and procedure. A. Pre-application neighborhood meeting. Prior to submitting any application for a rezoning of property tc a higher ;:se than °r"° peffflitted or for approval of a planned development outline development plan or amended outline development plan, , an applicant shall be required to do the following: Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within six hundred (600) feet of the area proposed to be rezoned or if a planned development outline development plan or amended outline development plan approval for which a use peF fflit as speeifie' abov is sought, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. 2. The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied the right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this subsection is encouraging reasonable, honest, good faith communication between residents and applicants, and vice versa. 3. No application shall be accepted by the city's staff until applicant has certified by affidavit that he has complied with the provisions of this subsection A. EXHIBIT I B. Newspaper publication. At least fifteen (15) days prior to any public hearing for a specific site or development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be published, in the legal section of a newspaper of general circulation within the city, a notice of public hearing. The notice shall specify the kind of action requested; the hearing authority, the time, date and location of hearing; and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by city council shall be subject to the regular ordinance approval process, which includes a first reading of the ordinance by city council at a regular meeting where no testimony is allowed. Then, if passed upon first reading, council establishes the time and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as described above. C. Posted notice. At least fifteen (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority, the time, date and location of hearing; and the location of the parcel under consideration by both address or approximate address. and legal deserip . The sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure thirty-six (36) inches in height by forty- eight (48) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The fact that a parcel was not continuously posted the full fifteen (15) days may not, at the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. D. Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by certified mail, a letter to adjacent property owners within one 'ht d0) three hundred (300) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice Section 2. 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 Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, 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 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2006, at 7:00 o'clock 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 , this day of 2006. SIGNED by the Mayor on this day of , 2006. Jerry DiTullio, Mayor ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY: Gerald Dahl, City Attorney I S` Publication: 2°a Publication: Wheat Ridge Transcript Effective Date: 7. PUBLIC HEARING A. Case No. ZOA-05-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the location of parking facilities. This case was presented by Alan White. The proposed ordinance would allow a business owner to purchase a parcel in a residential zone district to be used for parking. Commissioner BRINKMAN suggested that these types of situations might better be addressed through a special use permit process. Alan White explained that parking lots are not included in special permit uses. Commissioner WESLEY recognized that businesses sometimes need an avenue to expand parking but not sure this is the way to do it. Chair McMILLIN commented that the proposed ordinance could weaken the zoning code and that he preferred straight rezoning to commercial to allow parking lots. There were no individuals present to address this case. It was moved by Commissioner STEWART and seconded by Commissioner WESLEY to recommend DISAPPROVAL of Case No. ZOA-05-01 concerning the location of parking facilities with the modification as proposed by staff. The motion passed 7-0 with Commissioner PLUMMER absent. It was moved by Commissioner WESLEY and seconded by Commissioner STEWART to recommend that planned development regulations be modified to allow application for rezoning for surface parking only to a straight commercial application rather than a planned development process. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS In light of claims by some individuals that they were not noticed regarding the proposed development west of I-70 near Youngfield, Commissioner WESLEY asked if the city had surveyed other municipalities about their requirements for sending public hearing notices. Chair MCMILLIN requested that the city also check with other municipalities regarding the size of signs that are required to be posted on the property. He expressed concern that the present signs are too small to be read easily. Alan White explained that public hearing notices are sent via certified mail to property owners within 100 feet of any proposed rezoning. Notices are sent by the city with the cost later reimbursed by the developer. Planning Commission Page 2 June 2, 2005 EXHIBIT 2 Chair McMILLIN expressed concern that 100 feet is not adequate in the case of larger developments. Commissioner WESLEY suggested that the noticing area be based on the footprint of the development. The larger the development, the greater the area would be to receive public hearing notices. 9. NEW BUSINESS There was no new business. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner STEWART to adjourn the meeting at 8:00 p.m. The motion passed unanimously. John McMillin, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 3 June 2, 2005 Commissioner SCEZNEY stated that he did not believe the drainage issues supported a motion for denial. He stated he was in favor of the application based upon the issues presented and conditions associated with approval. Commissioner SPANIEL offered a friendly amendment to add two additional findings: 3. The proposed commercial zone change is inconsistent with the Agriculture/Estate Residential designation on the Comprehensive Plan. 4. The proposed commercial development could be incompatible with the existing residences to the north. The friendly amendment was accepted by Commissioner BRINKMAN. The motion passed 4-1 with Commissioner SCEZNEY voting no, Commissioners STEWART and WESLEY abstaining and Commissioner PLUMMER absent. 9. NEW BUSINESS • Alan White reported on staff's findings regarding other muncipalities' noticing requirements for rezoning hearings. ~Y There was a consensus that public hearing notice signs should be increased in size to 3 feet by 4 feet and that boundaries be increased for sending notices by mail from 100 feet to 300 feet. Staff will draft an ordinance to be brought back for the Commission's consideration. • Chair McMILLIN encouraged Commission members to review the report prepared by the Wheat Ridge 20/20 consultant. Alan White stated that the consultant is finalizing the report for consideration by City Council on July 25t". 1. COMMISSION REPORTS There were no commission reports. 1. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 2. ADJOURNMENT It was moved by Commissioner STEWART and seconded by Commissioner CHILVERS to adjourn the meeting at 8:30 p.m. The motion passed unanimously. John McMillin, Chair Ann Lazzeri, Recording Secretary Planning Commission July 7, 2005 Page 4 EXHIBIT 3 PUBLIC NOTICE REQUIREMENTS Jurisdiction Notice to Landowners # of Days Sign Size Arvada 400' 12 24" x 36" Aurora Abutting land 10 24" x 24" Broomfield 500' 10 22" x 28" Centennial Adjacent land 14 Tx 4' Commerce City 300' 10 24" x 36" Denver Not required 21 Prescribed by Zoning Administrator Englewood 500' 10 22" x 28" Golden 300' 12 24" x 36" Jefferson County 500' 14 24" x 30" Lafayette 750' 10 Not specified Lakewood 500' 15 24" x 36" Littleton Not required 10 Tx 4' Lone Tree 200' 15 Tx 4' Louisville 500' 15 Not specified in code North lenn 500' 15 20" x 26" Thornton 600' 10 24" x 42" Westminster 300' 12 30 s.f. Wheat Ride 100' 15 18" x 24" Notes: (1) 15 days for sign (2) Technically not required by code (3) Planning commission only; not required for city council (4) Four days required for city council EXHIBIT 4 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on January 5, 2006, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29"' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following cases shall be heard: Case No. ZOA-05-03: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to public noticing. Case No. ZOA-05-06: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: December 29, 2005 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition Project Planner: File Location: Notes: Follow-Up: 1 Quarter Section Map No.: -J Related Cases: Case History: mend code concerning public hearing notice and procedures... J Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: pproved hite Closed PC: 115106 CC: 3113106 Me _ CC3127106 (2nd) 1356 Conditions of Approval: District: Date Received: 11212005. Pre-App Date: