HomeMy WebLinkAboutA001 - Council Action form dated December 8, 1998 ITEM#: 91
DATE: 12/08/98
COUNCIL ACTION FORM
SUBJECT: ORDINANCE APPROVING AN AMENDMENT TO SECTION 20.11(1), OF
THE MUNICIPAL CODE (PUBLIC HEARING NOTICE PROCEDURE FOR THE
ADOPTION OF A COMPREHENSIVE PLAN).
ACTION FORM SUMMARY: City staff is proposing that Section 20.11(1) be amended to
change the minimum required number of days for notice, for a public hearing, from 10
days to 7 days. This will apply to notices for public hearings by the Commission on
proposals to adopt or change the Comprehensive Plan (Land Use Policy Plan).
Staff recommends approval of this technical amendment to establish a notice requirement
that is consistent with requirements used for other types of development requests.
BACKGROUND:
At the time amendments to the Land Use Policy Plan (LUPP) are considered by the
Planning and Zoning Commission, the Municipal Code requires that the Commission
conduct a public hearing. Notice of the public hearing must be published in the newspaper
not less than 10 days, nor more than 20 days before the date of the hearing.
The Commission conducts "public hearings", and typically this is the only type of request
for which the Commission holds a formal public hearing. For the majority of development
proposals, the public hearing does not occur until the request is considered by the City
Council.
Secondly, the requirement for publishing a notice not less than 10 days" prior to the date
of the hearing is different than the number of days required for any other type of notice the
City publishes. For example, in the case of rezoning proposals, the notice requirement is
not less than 7 days", nor more than 20 days before the date of the hearing. Other notices
have a requirement of not less than 'A days", nor more than 20 days before the date of the
hearing.
The 10-day" public notice minimum requirement, in addition to the requirement that the
"Commission" must have a formal public hearing for LUPP amendments, creates a
confusing situation for staff to track as requests for LUPP amendments are processed.
Therefore, staff believes it would be helpful if the 10-day" minimum notice requirement
were changed to a 7-day" notice requirement to be consistent with the typical notice
requirements that the City follows for other types of development requests.
ANALYSIS:
Section 20.11(1), ADOPTION OF COMPREHENSIVE PLAN, currently reads as follows:
(1) Before adopting or amending a comprehensive plan as referred to in the
preceding section, the Commission shall hold at least one public hearing
thereon, notice of the time and place shall be given by one publication in a
newspaper of general circulation in the city not less than ten (10) days nor
more than twenty (20) days before the date of hearing. The adoption of the
plan, part or amendment thereof shall be by resolution of the Commission
carried by the affirmative vote of not less than four (4) members of the
Commission.
Staff proposes that Section 20.11(1) be amended to read as follows:
(1) Before adopting or amending a comprehensive plan as referred to in the
preceding section, the Commission shall hold at least one public hearing
thereon, notice of the time and place shall be given by one publication in a
newspaper of general circulation in the city not less than seven (7) days nor
more than twenty (20) days before the date of hearing. The adoption of the
plan, part or amendment thereof shall be by resolution of the Commission
carried by the affirmative vote of not less than four (4) members of the
Commission.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this proposed technical amendment at
their meeting of November 18, 1998 and recommended approval.
ALTERNATIVES:
1. The City Council can approve the proposed technical amendment to Section
20.11(1).
2. The City Council can deny approval of the proposed technical amendment to Section
20.11(1).
3. The City Council can approve a modification of the proposed technical amendment
to Section 20.11(1).
4. Action on this request can be postponed and referred back to City staff for additional
information.
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RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council enact an ordinance to
adopt Alternative #1. This will approve the proposed technical amendment to Section
20.11(1).
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