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HomeMy WebLinkAboutOrdinance 1791 - Expanded Letter NoticeCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 06 ORDINANCE NO. 1791 Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING LETTER NOTICE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of 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 Council recognizes that from time to time the City’s zoning code needs to be updated; and WHEREAS, the Council finds that expanded letter notice for public hearings is necessary and appropriate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-109.A.1 of the Wheat Ridge Code of Laws, concerning letter notice for neighborhood meetings is amended as follows: 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. Applicant shall, by first class mail or by pamphlet or flyer personally delivered, notify all property owners and occupants within six hundred (600) one thousand (1,000) feet of the area subject to the land use application of a meeting to be held, at a time and place selected by the applicant but reasonably convenient both to the applicant and those property owners and occupants notified, for the purpose of allowing the applicant to present to said parties the nature, character and extent of the action requested by the applicant, and further to allow said parties to give input to the applicant regarding said proposal. Section 2. Section 26-109.D of the Wheat Ridge Code of Laws, concerning letter notice for public hearings is amended as follows: 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 first class mail, a letter to adjacent property owners and occupants within six hundred (600) one thousand (1,000) feet of the property under consideration and to property owners and occupants of property included within the area under consideration. As an exception, the mailing radius for applications heard before the board of adjustment per section 26-115 shall be six hundred (600) feet. 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 or occupant 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 3. Fee Schedule. The 2024 fee schedule shall be updated to share the cost of the mailing between the City and the applicant. Section 4. 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 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 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. All mailings on and after the effective date shall comply with the updated mailing radius. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of April 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for April 22, 2024, at 6:30 p.m., as a virtual meeting and 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 6 to 0, this 22nd day of April 2024. SIGNED by the Mayor on this 25th day of April 2024. _______________________________ Bud Starker, Mayor ATTEST: ___________________________ Margy Greer, Sr Deputy City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: April 9, 2024 Second Publication: April 23, 2024 Effective Date: May 8, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us