HomeMy WebLinkAboutZOA-00-08of wHegr
City of Wheat Ridge ~o
Planning and Development Department m
Memorandum
TO: City Affairs Committee
FROM: Alan White, Planning and Development Director
SUBJECT: Land Use Case Noticing Requirements
DATE: October 4, 2000
About six months ago Council adopted an amendment to the Zoning Code which changed the
requirements for noticing public hearings for land use cases. The change expanded the noticing
requirement from adjacent properties to properties within 600 feet. Planning Commission had
recommended the 600 feet. At the Council hearing when the new requirement was adopted, staff
was asked what impact this would have on the cost of processing cases and staff workload. It
was not known at that time what the impacts would be. Six months later, the impacts are known:
Increased Case Processing Costs: Under the previous requirement, about 10 to 12 property
owners were notified by certified mail. Under the 600-foot requirement, mailings of 150 letters
are not uncommon. This has increased the cost of processing a case by $525.00. By ordinance,
we recover this cost from the applicant.
Increased Staff Time: The large mailings involve considerable staff time to assemble.
Although the mailing list is generated by our property data base software (MetroScan) and the
preparation of the certified labels is automated (printing 150 labels must be done in stages or the
printer overheats), there is still staff time involved in preparing and stuffing the envelopes. It is
estimated that a large mailing consumes 12 hours (1 '/2 days) of staff time.
No Appreciable Change in Hearing Participation: The increased distance for notification has
not resulted in greater attendance at public hearings. In fact, we have received numerous
complaints about being notified when the case is two blocks away. People 600 feet away seem
to be uninterested.
Planning Commission considered a change in the requirements at a public hearing and
recommended that properties within 100 feet receive notice by certified mail and properties
between 100 and 600 feet receive notice by regular mail. While this suggestion will reduce the
cost to an applicant, it will not significantly reduce the amount of staff time needed to prepare a
150 piece mailing, nor is it likely to increase participation in hearings.
The original recommendation of staff was to change the notice requirement from adjacent
properties to properties within 100 feet. That is still the staff recommendation.
C:\MyFiles\WPFiles\Project \zoning amendmen s\noticescac.wpd
PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: )
BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 00-08, an ordinance amending Section 26-6(F)(4) of the Code of Laws concerning
public notices for land use cases.
SUMMARY AND BACKGROUND: The attached ordinance amends the zoning regulations pertaining to
the mailing of public notices for land use cases. Approximately three months ago this section was amended by
Council to require the mailing of certified letters to property owners within 600 feet based upon Planning
Commission's recommendation. After approximately two months, it can be reported that the cost to the applicant of
this change is highly variable and is dependent upon the lot sizes in the neighborhood. Staff brought this issue to
Planning Commission's attention based upon the increased expense to applicants and the increased staff time to
prepare the mailings. The Planning Department has also received calls from the more distant neighbors questioning
why they were even notified.
After a preliminary discussion of the item with Planning Commission on June 15, 2000, a revised ordinance was
heard at a public hearing on July 6, 2000. The Ordinance retains the requirement for certified mail to those property
owners within 100 feet. The remaining owners within 600 feet are notified by regular mail. It does not change the
requirement to notify owners within 100 feet that they may have protest rights. The Planning Commission
recommended approval of this ordinance with the following change: 1) Change all references to "property owners"
to "owners of property."
ATTACHMENTS: BUDGET IMPACT:
1. Council Bill No. Original budgeted amount: $ 0
2. Meredith Reckert Memo to Planning Commission Actual contracted amount: $ 0
3. Draft Planning Commission minutes from July Impact of expenditure on line item: $ 0
L 6, 2000. (Budget Account No.: N.A.
STAFF RECOMMENDATION: Approval on first reading, setting a hearing for second reading.
ORIGINATED BY: Alan White
STAFF RESPONSIBLE: Alan White
SUGGESTED MOTION: "I move to approve Council Bill No. on first reading, ordered
published, public hearing set for August 14, 2000 at 7:00 p.m. in City
Council Chambers, Municipal Building, and if approved on second reading
take effect 15 days after final publication."
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INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE CONCERNING NOTICING FOR LAND
USE CASES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
WHEREAS, Section 26-6(F)(4) governs the requirements for noticing for land use case
public hearings; and,
WHEREAS, Section 26-6(F)(4) was recently amended to require certified notices be sent
to all property owners within a 600' radius from any property undergoing a land use public
hearing; and,
WHEREAS, the increased noticing requirements have placed a burden on city staff; and,
WHEREAS, the cost of the increased noticing requirements have placed a financial
burden on applicants;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby amended as follows:
(4) Letter notice. At least fifteen (15) days prior to any public hearing which
requires notification by letter, the zoning administrator shall cause to be sent, by
certified mail, a letter to owners of property within 6W 100 feet of the exterior
boundaries of the property which is the subject of the application and to owners of
property included within the area under consideration. NOTICES OF SAID
HEARING SHALL BE SENT BY REGULAR MAIL TO ALL OTHER
OWNERS OF PROPERTY WITHIN A 600' RADIUS OF THE SUBJECT
PROPERTY. Such 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. The notice shall also
advise owners of property within approximately 100 feet of the subject property of
their rights of protest pursuant to Charter Section 5. 10, and shall include as an
attachment to the notice a copy of said charter section.
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. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2000, 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 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 2000.
SIGNED by the Mayor on this day of 2000.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
lst Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
c:\Barbara\noticingord.wpd
City of Wheat Ridge
Planning and Development Department
SUBJECT: Case No. ZOA-00-08
DATE: June 28, 2000
Based on discussion at the June 15, 2000, Planning Commission meeting, staff has initiated a
zoning ordinance amendment which amends legislation regarding public hearing noticing passed
by City Council in March of this year. Attached are staff's recommend changes whereby all
property owners within 100' are notified by registered mail but the remaining property owners
within the 600' radius are notified by regular mail. Staff believes that the proposed amendment
would result in a significant reduction in staff time required as well as fees paid by applicants.
2. The Board may approve a temporary permit for no longer than one (1) year per
application.
3. Only one such permit may be approved per year for a particular site. No renewals
of one year permits or new permits for substantially the same building or sign shall
be allowed.
4. In the event a City project necessitates the relocation of a use, the Board of
Adjustment may conduct a public hearing for the purpose of granting a temporary
use for a specified time period upon finding that a legitimate public purpose is
served by granting the temporary use, in addition to the findings of fact required
below for 30-day temporary uses.
The motion on passed 7-0 with Commissioner MACDOUGALL absent.
A vote was taken on the original motion with the above amendment. It passed 7-0 with
Commissioner MACDOUGALL absent.
C. Case No. ZOA-00-08 - An ordinance amending Section 26-6(F)(4) of the Wheat Ridge
Code of Laws concerning noticing for land use cases.
Based on discussion at the June 15, 2000 Planning Commission meeting, staff initiated this
zoning ordinance amendment which would change the requirement to notify all property
owners within a 600-foot radius by certified mail to a requirement to notify all property owners
within a 100-foot radius by certified mail and the remainder of property owners within the 600-
foot radius to be notified by regular mail. This change would reduce the cost of certified
mailings to the applicant as well as reduce the amount of staff time involved in large certified
mailings.
Commissioner GOKEY commented that he believes the community has asked for more
notification and the notification area should not be reduced.
Commissioner SNOW expressed concern that all notification boundaries should be the same for
neighborhood meetings and public hearings.
It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS that
the ordinance be approved with the following amendment: That the words "property
owners" which appear three times in Section 1 be changed to "owners of property." The
motion passed 6-1 with Commissioner THOMPSON voting no.
Planning Commission Page 7
July 6, 2000
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE CONCERNING NOTICING FOR LAND
USE CASES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
WHEREAS, Section 26-6(F)(4) governs the requirements for noticing for land use case
public hearings; and,
WHEREAS, Section 26-6(F)(4) was recently amended to require certified notices be sent
to all property owners within a 600' radius from any property undergoing a land use public
hearing; and,
WHEREAS, the increased noticing requirements have placed a burden on city staff, and,
WHEREAS, the cost of the increased noticing requirements have placed a financial
burden on applicants;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby amended as follows:
(4) Letter notice. At least fifteen (15) days prior to any public hearing which
requires notification by letter, the zoning administrator shall cause to be sent, by
certified mail, a letter to property owners within 606 100 feet of the exterior
boundaries of the property which is the subject of the application and to owners of
property included within the area under consideration. NOTICES OF SAID
HEARING SHALL BE SENT BY REGULAR MAIL TO ALL OTHER
PROPERTY OWNERS WITHIN A 600' RADIUS OF THE SUBJECT
PROPERTY. Such 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. The notice shall also
advise property owners within approximately 100 feet of the subject property of
their rights of protest pursuant to Charter Section 5.10, and shall include as an
attachment to the notice a copy of said charter section.
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. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of 2000, 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 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 2000.
SIGNED by the Mayor on this day of 2000.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
c: \Bubara\noticingord.wpd
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 July 6, 2000 at 7:30 p.m. in the City Council Chambers of the
Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens
are invited to speak at the Public Hearing or submit written comments. The following petitions
shall be heard:
Case No. ZOA-00-08: An ordinance amending Section 26-6(F)(4) of the Wheat Ridge
Code of Laws concerning noticing for land use cases.
Kathy Field, Senior Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: June 30, 2000
Wheat Ridge Transcript
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Extra postage for cases involving the 600-foot radius requirement
WA-00-04/Milby BOA 1-foot variance
WA-00-05/Airtouch BOA Height variance
MS-00-03/Airtouch PC
WZ-00-04/Gibson PC
PCD amendment
Rezone RC 1 to R2A
133 @ 3.50 465.50
22 @ 3.50 77.00
22 @ 3.50 77.00
104 @3.50 364.00
Examples of postage required to notify property owners within the 600-foot
radius requirement for cases located in a residential neighborhood
WA-00-04/Milby BOA 1-foot variance 133 @ 3.50 465.50
(This $465.50 was in addition to the original application fee which was
charged under the old fee schedule.)
WZ-00-04/Gibson PC Rezone RC1 to R2A 116 @ 3.50 406.00
CC 116 A 3.50 406.00
Total 812.00
Publication fee paid at time of application 300.00
Additional publication fees owed 512.00
X00 -&60' r~#W
,
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:
OA0008 Quarter Section Map No.:
ity of Wheat Ridge Related Cases:
mm
Case History:
mend code re: noticing
'
or land use cases
itywide Review Body:
PC-716100
77 APN:
2nd Review Body:
'
_ 2nd Review Date:
r~
Decision-making Body:
Approval/Denial Date:
3
Reso/Ordinance No
Reckert
ctive
77
Conditions of Approval:
District:
Date Received: 6/2312000
Pre-App Dater