HomeMy WebLinkAboutA025 - Notification Requirements Review for Mailed Notice, Public Hearings, Courtesy Notices, and Legal Notifications WebpageITEM #:32
DEPT:P&H
April 22, 2025
Staff Report
NOTIFICATION REQUIREMENTS REVIEW OF MAILED NOTICE, LOCAL/COURTESY
NOTICE, AND LEGAL NOTIFICATIONS WEBPAGE
BACKGROUND:
Earlier this year, the City Council requested information regarding legal notifications and asked
for information addressing an online legal notification webpage, an evaluation of mailed zoning
notifications, and overall noticing procedures related to modified local/courtesy notice standard
proposed with a text amendment for public hearings and Major Site Development Plan
notification that was tabled on February 25th. Attached to this report for additional background is a
matrix of current Planning related notification procedures categorized with state law minimum
requirements and currently adopted local requirements.
Principally, state law requires only minimal notification procedures focused on publication of
newspaper legal notices for public hearing requirements. Ames has adopted additional local
procedures in the form of mailed and posted notices.
OPTIONS:
LEGAL NOTICE WEBPAGE:
City Council referred a request to staff on January 28 to establish a “legal notification” webpage for
general community awareness of activities occurring in the City. Staff has reviewed two concepts for
this request.
The first option is to post all public notices published in the newspaper by the City Clerk on a city
webpage. The second option is to provide a page that contains information and updates regarding major
projects. With either option, once a webpage is created, anyone could subscribe to the page and staff
can provide notice to the subscribers once a week that the page has been updated.
Option 1.
For a legal notice webpage there would be a substantial number of postings throughout the year for all
types of published notices, such as bid notifications, ordinances, zoning, property disposition, etc. Staff
reviewed a model of this approach on the Wichita, KS webpage . It is a model that could be
implemented in Ames.
This approach would require an additional step by the City Clerk’s Office, which handles almost all
legal notifications required of the City with the exception of notices generated by the Planning and
Housing Department. It would be easy to administer since the same legal notice published the
newspaper would be published on the City's webpage. While this option would certainly create a
one-stop location for all legal notifications, it may not effectively address a broader Council goal
of emphasizing significant projects or building a resource for general public awareness because of
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the volume of items that require legal notice on a regular basis.
Option 2.
The second option considered by staff, creating a Major Projects Notification webpage, would bring
together a combination of departments' major projects that warrant both public engagement and notice
of upcoming decisions. This option would likely create more public awareness earlier in the
process than legal notice requirements and it would allow for significant plans to be kept
available for reference to the public in a common location. One version of this approach is an
example from Clive, IA.
Planning and Zoning-related plans, studies, and legal notices of public hearings would all be part of
such a Major Projects webpage. Other departments, such as Parks and Recreation, Public Works, City
Manager's Office, and Fleet and Facilities, would have to identify what major plans and projects would
be represented on the website. For example, Public Works currently manages a CIP project viewer. A
Major Project webpage would cross-reference to this type of information about City construction
projects so it easier to identify for the public in one focused location.
MAILED NOTIFICATIONS FOR PLANNING & ZONING:
Commonly, cities are trying to balance public awareness with cost and timing of notices. The main goal
is to alert those most likely impacted by a proposed use of a property to exercise their due process
rights related to an issue that could directly or indirectly affect their property. The City of Ames has a
locally established 200-foot minimum notice distance for many Council and ZBA-approved
zoning applications. Although not stated as the basis of the current 200 feet, it does align with the
rezoning petition distance related to properties within 200 feet.
The 200-foot distance the City utilizes commonly includes abutting properties and some additional
adjacent properties, but it does not necessarily reach the opposite side of a street because of lot depths
and intervening right-of-way widths. See attachment for mailed notice distances. Although the mailed
notice does not reach a wide swath of properties, the mailed notice is supplemented with a local sign
posting requirement to provide general notice to people in the area.
The Council had asked for information related to expanding the notice radius to determine if
there would be a benefit to increasing the distance. Staff analyzed notices implemented from 2023
through February 2025 and included a chart in this report indicating how property owner notification
would increase with different distances. The data indicates that 1,850 notices were sent in total over this
two-year period for ZBA, P&Z, and CC. There were an average of 30 cases a year requiring mailed
notice. The average notification mailing includes 30 properties. Staff estimates a total cost for postage,
paper, and envelopes to be about $1.00 per notice, resulting in a cost of $1,850.
Staff evaluated other distances for each of the two years of projects and estimated the additional number
of notices that would be generated by a greater notification distance.
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Notification Distances
Distance
Options
200
Feet-Current
local
requirement
300 Feet 400 Feet 500 Feet 600 Feet
Est. # of
Notices
per
Project
30 42 55 70 85
Est.
Total
Notices
over
two-year
period
1,850 total
notices 2,586 total notices 3,430 total notices 4,354 total notices 5,284 total notices
Staff generated samples of locations in the city with different radius distances to illustrate the impact of
increasing the notice distance. The examples illustrate a dramatic difference between sites located
within the City and those on the periphery of the City, with many more properties noticed on
average for internal sites. See attached example map for 1726 Collaboration Place in the Research
Park where only 5 additional notices would be sent with a 600-foot notice distance, versus 2900 Hoover
(St. Cecilia), where an increased distance to 600-feet would more than triple the number of notices sent,
given the location in an established, residential neighborhood.
From reviewing the data and examples, it seems a 300-foot distance would most likely capture
both sides of a street adjacent to a site compared to the current 200-foot distance that may or may
not capture both sides. See attached example maps for 4925 Lincoln Way (Hope Church) and 921 9th
(Roosevelt School) where the 300-foot notice distance captures properties on both sides of Hartford
(west of Hope) and on both sides of Roosevelt (east of the school site). A 300-foot notice distance
would have an increased annual cost of approximately $400, a 400-foot notice requirement would be
$750.
Currently, the City charges flat application fees regardless of the size of a project or its
notification requirements. If notice requirements are increased, Council may wish to adjust
application fees or consider putting the notification cost for each project back to an applicant.
Some cities do require applicants to post on-site signage and complete mailings to reduce staff time and
cost and then have the applicant provide certification that it was completed. Property owner notice can
be generated by anyone using the Beacon assessor website.
LOCAL/COURTESY (NON-MANDATED) NOTIFICATION;
The attached matrix identifies local and state requirements. When the standards of notice are required
by ordinance, it commonly triggers a newspaper publishing requirement due to language in state law.
However, state law only requires notice for a limited type of applications. As discussed with the
proposed change of notification regarding Major Site Development Plans originally on January
28th many cities do not include a formal notice process, because state law does not require notices.
Some employ a courtesy notice process, such as Des Moines, to encourage public participation
beyond the state minimums, but do it in a non-binding manner that does not trigger public
hearing newspaper notification.
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In regards a Major Site Development Plan text amendment, the proposed change included adding a
courtesy notice process in lieu of formal code requirements. Rather than approving the proposed
text amendment the item was tabled at third reading on February 25th and City Council directed
staff to provide background information on noticing, as provided with this report, to allow for
discussion of changes to mandatory and courtesy notices if it could be as effective as current
requirements and allow for more cost effective or timely processes.
City Council could continue to utilize current local standards written into the Zoning Ordinance
for specific application types or could remove local requirements from the Zoning Ordinance and
employ a notice policy approved by Council resolution as guidance to staff on how to provide
courtesy notice. The primary question is if Council prefers to use a courtesy notice process that is
not a formal public hearing process as proposed by staff previously or to formulate a more
specific separate policy and modify zoning ordinance requirements accordingly.
STAFF COMMENTS:
City Council requested review of notification practices in the spirit of its broader interests and goals for
enhanced public awareness and engagement. With this report, staff seeks Council’s direction
specifically for:
1. Creating an online notification webpage as either a Legal Notification or Major Project Webpage.
2. Changing the mailed notice distance requirement.
3. Continuing with the final (3rd) reading of the Major Site Development Plan (MSDP) and public
hearings text amendment on the May 13 as originally proposed or to direct staff to proceed with a
different notification policy related to courtesy notifications.
ATTACHMENT(S):
Notification Matrix
Example Maps.pdf
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Application Type Local Posting Local Mailed State Law Mailed State Law published prior to Hearing State Code Reference
Comprehensive
Plan Comprehensive Plan- Property Owner Application
Process determined case by case,
typically posted for property owner
initiated land use change prior to
P&Z
Process determined case by case,
typically both posted and mailed
(200 feet) for property owner
initiated land use change prior to
P&Z None
Yes, Not less than seven (7) nor more than
twenty (20) days before Iowa Code 414.3
Annex Annexation Voluntary (100%)None None Y See Iowa Code requirements Iowa Code 368
Annex Annexation Voluntary (80/20)
None
None (prior practice yes, prior to
P&Z) P&Z local requirement, not
state law Y See Iowa Code requirements Iowa Code 368
Zoning Zoning Map Amendments (Property Owner Initiated)Y Y, 200 Feet None
Yes, Not less than seven (7) nor more than
twenty (20) days before Iowa Code 414.4 414.5
Zoning Zoning Map Amendments City Council Intiated None None None
Yes, Not less than seven (7) nor more than
twenty (20) days before Iowa Code 414.4 414.5
Zoning Zoning Text Amendment None None None
Yes, Not less than seven (7) nor more than
twenty (20) days before Iowa Code 414.4 414.5
Zoning PUD Overlay Rezoning (Map Amendment)Y Y None
Yes, Not less than seven (7) nor more than
twenty (20) days before Iowa Code 414.4 414.5
Zoning Major Site Development Plan *Y Y None
Y, because of local code reference,
otherwise not required Iowa Code 362.3
Historic Enact a District/Landmark None Certifed Mail All Owners None If a rezoning, Yes Iowa Code 15.459
Historic Certificate of Appropriateness-HPC None None None None
ZBA Special Use Permit Y Y, 200 Feet None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
ZBA Variance Y Y, 200 Feet None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
ZBA Request for Reasonable Accommodation Y Y, 200 Feet None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
ZBA Exception/Minor Area Modification Y Y, 200 Feet None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
ZBA Appeal of Decision None None None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
ZBA Concurrent applications Follows more restrictive Follows more restrictive Follows more restrictive Follows more restrictive
Subdivision Final Plat None None None None
Subdivision Preliminary Plat P&Z only P&Z only None None None
Subdivision Improvement Gaurantee Extensions None Y, owners in subdivision None
Yes, Not less than four (4) no more than
twenty (20) days before
Other Other Ordinances None None None
Yes, Not less than four (4) no more than
twenty (20) days before Iowa Code 362.3
*Proposed to remove mandatory hearing notice utilize courtesy mail and posting
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200
400
600
300
500
COLLABORATION PL
PLAZA
L
O
O
P
Notification Area Options: 1726 Collaboration Place Example
0 0.03 0.050.01 Miles
¯Legend
Subject Property
Notice Distance Buffer
Ames Incorporated
Limits
1726
Collaboration Pl
Distance 200'300'400'500'600'
Number of Properties 7 9 9 11 12
Number of Properties at Given Notice Distance
6
200
300
400
500
600
30TH ST
JOHNSON ST
28TH ST
26TH ST
TRUMANPL
WHEELER ST
KENNEDY ST
25TH ST
TYLE
R
AVE
NORTHWESTERNAVE
BUCHANAN DR
P
OLA
RIS
DR
NIX
ON
AVE
CLEVELA
NDDR
PIERCECIR
NIXON CIR
REA
GA
N
DR
FE
R
N
D
A
L
E
A
V
E
MELROSE
AV
E
MONR
O
E
DR
JACKSON DR
HO
O
V
E
R
A
V
E
WHEELER DR
GARNERAVE
PIERCEAVE
TRUMAN
DR
Notification Area Options: 2900 Hoover Example
0 0.04 0.080.02 Miles
¯Legend
Subject Property
Notice Distance Buffer
Ames Incorporated
Limits
2900 Hoover
Distance 200'300'400'500'600'
Number of Properties 80 122 176 239 301
Number of Properties at Given Notice Distance
7
300
500
200
400
600
THACKERAYAVE
WESTBEND DR
LINCOLN WAY
WESTFIELDRD
DOVERDR
N ORRISST
SCHUBERT ST
DURANT ST
TODD DR
R
O
C
K
W
E
L
L
A
V
E
WI
L
D
E
R
A
V
E
SCHU BER T ST
WILDER
BLVD
AL
C
O
T
T
A
V
E
WESTFIELD DR
S
O
U
T
H
B
E
N
D
D
R
WI
L
DER
LN
SPRINGBROOKDR
HARTFORDDR
TABOR DR
Notification Area Options: 4925 Lincoln Way Example
0 0.04 0.080.02 Miles
¯Legend
Subject Property
Notice Distance Buffer
Ames Incorporated
Limits
4925 Lincoln
Way
Distance 200'300'400'500'600'
Number of Properties 71 90 121 157 190
Number of Properties at Given Notice Distance
8
200
300
400
500
600
BROOKRIDGEAVE
ORCHARDDR
9TH STBR
O
O
K
R
I
D
G
E
AV
E
BROOKRIDGE
AVE
RI
D
G
E
W
O
O
D
A
V
E
PARK
WAY
10TH ST
BROOKRIDGEAVE
PARKWAY
NORTHWESTERNAVE
H
O
D
G
E
A
V
E
GR
A
N
D
A
V
E
7TH ST
8TH ST
11TH ST
12TH ST
HA
R
D
I
N
G
A
V
E
M
A
R
S
T
O
N
A
V
E
RO
O
S
E
V
E
L
T
A
V
E
C
U
R
T
I
S
S
A
V
E
LEE ST
Notification Area Options: 921 9th Example
0 0.03 0.060.01 Miles
¯Legend
Notice Distance Buffers
Subject Property
Ames Incorporated
Limits
921 9th
Distance 200'300'400'500'600'
Number of Properties 58 95 126 168 219
Number of Properties at Given Notice Distance
9