HomeMy WebLinkAboutA029 - Email from City Clerk dated November 19, 2010, regarding public notice for Plan amendment bf
Diane R Voss/COA To Jeff D Benson/COA@COA
11/19/2010 10:24 AM cc Doug Marek/COA@COA
bcc Diane R Voss/COA
Subject Re:Today's CAF: Required notice for amending the
Campustown Urban Revitalization Plan
Jeff:
Amendments take at least seven days' notice. I apologize that you had to look this up; I was asked for the
notice requirement for a new URA, not an amendment. The hearing could be set for 12/14, if you so
desire. I would need to publish that on 12/03 and send it to the Tribune no later than 11/30. Please let me
know by Noon today as we are trying to finalize the 11/23 Agenda, and the hearing date is due to be set at
that meeting.
Thank you.
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
Jeff D Benson/COA
Jeff D Benson/COA
1 1/1 9/201 0 08:23 AM To Diane R Voss/COA@COA, Doug Marek/COA@COA
cc
Subject Today's CAF: Required notice for amending the
Campustown Urban Revitalization Plan
The following is from Iowa Code section 404.2. 1 believe the red text means that we don't need to have
the 30 days advances notice for amending this existing plan as we would need for creating a new plan.
Are Sections 362.3 and 331.305 referenced here the standard notice requirements?
ti Diane, that would at least mean that we would not need to take the extra measures we discussed for
getting this notice published before November 28. But would it also allow us to set the hearing for
December 14?
6. The city or county has adopted the proposed or amended plan for the
revitalization area after the requisite number of hearings . The city or county
may subsequently amend this plan after a hearing. Notice of the hearing shall
be published as provided in section 362 .3 or 331.305, except that at least
seven days' notice must be given and the public hearing shall not be held
earlier than the next regularly scheduled city council or board of supervisors
meeting following the published notice. A city which has adopted a plan
for a revitalization area which covers all property within the city limits may
amend that plan at any time, pursuant to this section, to include property
which has been or will be annexed to the city. The provisions of the original
plan shall be applicable to the property which is annexed and the property
shall be considered to have been part of the revitalization area as of the
effective date of its annexation to the city.
Also, the red text in the following Section of 404.2 allows us to avoid mailing the notice to every occupant
in Campustown, so I will amend my CAF to include a finding and City Council action to waive the notice
requirement for occupants because of the number of residences in the URA and because the proposed
amendment will not affect any of the residents, except those in the one property that is eligible for the tax
abatement.
3 . The city or county has scheduled a public hearing and notified all
owners of record of real property located within the proposed area and the
tenants living within the proposed area in accordance with section 362.3 or
331.305, as applicable. In addition to notice by publication, notification
shall also be given by ordinary mail to the last known address of the owners
of record. The city or county shall also send notice by ordinary mail
addressed to the "occupants" of addresses located within the proposed area,
unless the city council or board of supervisors, by reason of lack of a
reasonably current and complete address list, or for other good cause, shall
have waived the notice. Notwithstanding section 362 .3 or 331.305, as
applicable, the notice shall be given by the thirtieth day prior to the public
hearing.
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