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HomeMy WebLinkAboutA024 - Second reading on text amendment modifying Public Hearing Notification Requirements by Amending Chapters 20 and 29 of Municipal CodeTo:Mayor & City Council From:Kelly DIekman, Planning DIrector Date:Febraury 7, 2025 Subject:Second Reading on text amendment modifying Public Hearing Notification Requirements Item No. 26 MEMO The ordinance relating to Public Hearing Notification Requirements by Amending Chapters 20 and 29 of Municipal Code is attached for your review and consideration for second reading. ATTACHMENT(S): DRAFT_Ordinance_for_Modifying_Certain_Notice_Requirements.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 20.11, 29.1500(2), 29.1502(4) AND 29.1507(7) THEREOF, FOR THE PURPOSE OF AMENDING THE NOTICE REQUIREMENTS FOR CERTAIN PUBLIC HEARINGS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting amending sections 20.11, 29.1500(2), 29.1502(4) and 29.1507(7) as follows: “CHAPTER 20 – PLANNING AND ZONING COMMISSION . . . Sec. 20.11. ADOPTION OF COMPREHENSIVE PLAN. (1) Before adopting or amending a comprehensive plan as referred to in the preceding section, at a regularly scheduled meeting the commission shall hold at least one public hearing thereon, review the amendment and consider any comments provided by the public. 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. When the City Council has referred an amendment to the Commission for its consideration, the Commission shall act to approve a recommendation within 30 days of when first presented for review. If there is no recommendation, the item will proceed to City Council for approval. . . . CHAPTER 29 – ZONING . . . Sec. 29.1500. GENERAL. . . . (2) Notices and Hearings. . . . (d) Notices. The provisions of this Section describe the various types of notices that are required for different types of applications. The actual type of notice required for a given application is specified under the relevant review procedure of this Article. In addition to the specified notices required by this Article, courtesy notice may be provided for purposes of public awareness and participation. . . . (iv) Courtesy Notice. It is the policy of the Ames City Council to encourage public participation and awareness of proposed actions. From time-to-time courtesy notice may be provided by City staff or an applicant that is not required by this Article. Courtesy notice is not required by law or this Article and failure to provide any courtesy notice does not invalidate proceedings. Curtesy notice may include posting on site, mailed notice to affected owners or residents, online postings or advertisements. An example of a common courtesy notice is posting notice on site or mailed notice to property owners within 200 feet of a Major Site Development Plan site. 2 . . . Sec. 29.1502. SITE DEVELOPMENT PLAN REVIEW. . . . (4) Major Site Development Plan Review . . . (vi) Planning and Zoning Commission. Commission review shall not be concluded until consideration is given to comments provided by the public at a public hearing, which may be scheduled provided as part of the regularly scheduled meeting. Notification of the public hearing meeting shall be made by mail, publication, and posting in accordance with Sections 29.1500(2)(d)(i), (ii), and (iii) above. Within 30 days of the hearing reviewing the application, the Planning and Zoning Commission shall submit the written recommendation to the City Council setting forth the reasons for its recommendation of acceptance, denial or modification of the application. (vii) City Council Decision. After the transmittal of the recommendation from the Planning and Zoning Commission, the City Council shall consider the application at a public hearing conducted as part of during a regularly scheduled meeting. Notification of the meeting shall be made by mail, publication, and posting, in accordance with Sections 29.1500(2)(d)(i), (ii), and (iii) above. The City Council must approve, deny or modify the Major Site Development Plan approval application within 60 days of the public hearing of its first date of review. . . . Sec. 29.1507. ZONING MAP AND TEXT AMENDMENTS. . . . (7) Notice. (a) Map. Notice of a map change shall be made by mail, publication and posting, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above, except that at least seven (7) days’ notice must be given. In addition, notice of a map change initiated through a request from the public shall be made by mail and posting, in accordance with Sections 29.1500(2)(d)(i) and (iii) above. In no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the notice. . . . .” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , . _________________________________ _________________________________ Renee Hall, Deputy City Clerk John A. Haila, Mayor 3