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HomeMy WebLinkAboutOrdinance-2006-1356 INTRODUCED 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 for a rezoning of property to a higher use than is currently permitted, for approval which requires a neighborhood meeting under the provisions of Section 26-106, Review process chart, of a planned development, or for a special use permit, 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 proposed to be rezoned or for which a use permit as specified above 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. 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, 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 00th address or approximate address. and legal description. 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 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 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 plar.ning commission or city council 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 ~ days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of6 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 29t Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to ~, this -2.l.th day of March , 2006. SIGNED by the Mayor on this ~ day of April , 2006. ATTEST: TORNEY: 151 Publication: March 16, 2006 2nd Publication: March 30, 2006 Wheat Ridge Transcript Effective Date: April 14, 2006