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5/28/2014 2:28:15 PM
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7/17/2013 9:06:59 AM
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Planning Files
Planning Files - Planning File #
07-061
Planning Files - Type
Zoning Text Amendment
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1 2.3 City Code requirements for public notification process for zoning and land use issues is <br />2 consistent with that of the State. Section 108.01(B) states: <br />4 Notice of the time and place of such [publicJ hearing [for the Comprehensive <br />5 Plan, zoning, or subdivision regulationsJ shall be published in the designated <br />6 legal newspaper no less than ten (10) nor more than thirry (30) days prior to the <br />7 hearing. In the event the hearing involves a particular parcel of land, mailed <br />8 notice shall be given by the City to the owner and to each of the property owners <br />9 within three hundred fifry feet (350) of the outside boundaries of the parcel and to <br />10 the State, County, and Federal agencies, if applicable. Failure to mail notice or <br />11 the failure of the property owners to receive the notice shall not invalidate the <br />12 proceedings. <br />13 <br />14 2.4 In addition to notification of a public hearing as required by ordinance, the Community <br />15 Development Department also provides notification of all zoning and land use requests <br />16 on the City's website as well as posting at City Hall and requires applicants to place signs <br />17 on the subject property for site-specific processes. <br />18 <br />19 2.5 In early 2007, the Community Development Department implemented a public hearing <br />20 notification process at the request of the City Council. This process included the mailing <br />21 of postcards to property owners within 350 feet of the subject property or to those within <br />22 a radius of the longest dimension of the subject properiy, whichever is greater. For <br />23 example, if a property line is 1,000 feet in length, the radius would be 1,000 feet; <br />24 however if the longest dimension is only 300 feet then the 350-foot radius is applied. <br />25 <br />26 2.6 The Planning Division has determined that the above notifcation policy/practice may be <br />27 inconsistent with the intent of the Council. For example, if a controversial business is <br />28 proposing a change and the longest dimension is 350 feet, additional notification is not <br />29 required. Conversely, if a less controversial business request has the longest dimension <br />30 of 600 feet, that property would need to notify people within a 600 foot radius of the <br />31 property. <br />32 <br />33 2.7 On October 22, 2007, the Interim Community Development Director discussed the public <br />34 hearing notification process with the City Council, where it was concluded that increasing <br />35 the minimum distance from 350 feet to 500 feet through a ZONING TEXT <br />36 AMENDMENT would achieve the Councils goal of increasing public awareness. <br />37 <br />38 2.8 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />The City Planner has reviewed the City Code concluding that the following Sections <br />would require a modification to reflect the longer direct-mailing radius. <br />■ lOS.OlB Procedures for Conducting Certain Public Hearings — Notice <br />■ 1013.O1C Conditional Use Permits — Procedure for Conditional Use Permit <br />■ 1013.02B Variances — Procedure for Variances <br />■ 1013.04 Procedure for Vacating Street or Alley <br />PF07-061_RCA_O 11408.doc Page 2 of 4 <br />
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