Loading...
HomeMy WebLinkAboutORDINANCE 08-18ORDINANCE NO.08-18 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE SEC.3.15 (GENERAL NOTICE PROVISIONS)TO PROVIDE ADDITIONAL NOTICE REQUIREMENTS FOR PUBLIC HEARINGS WHEREAS,on March 20,2018,the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code,Sec.3.15 (General Notice Provisions);and found that the text amendment complies with Estes Valley Development Code §3.3.D (Code Amendments,Standards for Review);and WHEREAS,on March 20,2018,the Estes Valley Planning Commission voted to recommend approval of the text amendment;and WHEREAS,the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3,D (Code Amendments,Standards for Review)and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code,as set forth on Exhibit A [Grey and Back],be approved;and WHEREAS,said amendment to the Estes Valley Development Code is set forth on Exhibit A [Grey and Black],attached hereto and incorporated herein by this reference: NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Grey and Black]. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park, Colorado,this -l4 day of ,2018. TOWN OF EflLORADO ATTEST:- lerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the <Z-IR day of _______________, 2018 and published in a newspaper of general circulation in the Town of Estes Pa4íColorado,on the Ii 1-h day of _____________ 2018,all as required by the Statutes of the State of Colorado. Clerk EXHIBIT A [GREY AND BLACK] (Town Board:2018-05-08) §3.15 -General Notice Provisions A.Newspaper Notice of Public Hearings.At least fifteen (15)days notice of scheduled Public Hearings before a reviewing agency or body shall be published in one (1)or more newspapers of general circulation in the Estes Valley.The notice shall specify the time and place of the meeting/hearing,and the specific nature of the matter to be heard. B.Written Notice of Public Hearings. 1.Whenever a Public Hearing is required by this Code for any specific property(s), the department shall be responsible for mailing written notice at least fifteen (15)days before the scheduled meeting to all landowners within a specified boundary perimeter as required in this Section. 2.Failure to send or receive this written notice shall not affect the review and decision concerning the development application. 3.Written notice shall be sent by regular USPS mail in a standard business envelope,and shall include the type of review (such as rezoning,Special Review,etc.),the location of the property(s)proposed for review,identification of the body conducting the Public Hearing,the date,time and location of the Public Hearing,a notice that written comment may also be submitted for the hearing record at any time prior to the hearing’s close,staff contact information,and a procedure for obtaining additional information if desired. 4.The boundary perimeter within which written notice is to be mailed shall be determined to include the following: a.The subject property(s); b.All properties abutting the subject property(s); c.All properties directly across a public street or public right-of-way from the subject property(s),measured by a straight line perpendicular to the street or right-of-way centerline; d.All properties in whole or in part less than or equal to 100 linear feet from the outermost boundaries of any property included in (a),(b),or (c)of this Section.The width of any intervening public street or public right-of-way shall not be counted against the 100-foot linear measure. C.Posted Notice of Public Hearings.Required posted notice requirements shall be on a standard sign with format and material as determined by the department.The following additional requirements shall apply to posted notices pursuant to this Section: 1.Any posted notice shall be legible from a public street or public right-of-way in clear weather conditions.“Legible”is defined as meeting the legibility requirements in Estes Park Municipal Code Chapter 17.66 (Signs). 2.Projects abutting more than one public street or public right-of-way shall be required to post one (1)additional notice for each additional abutting public street or public right-of-way. 3.Posting of all notice(s)required by this Section shall take place no later than fifteen (15) days prior to any given Public Hearing for which the posting is required,and the posted signage shall remain until the close of any such Public Hearing,including the closing dates of any Public Heating that may be continued or postponed. 4.A project with multiple required Public Hearing dates (for example,a project with a Planning Commission Public Hearing followed by a Town Board Public Hearing)may retain the same posted notice(s)throughout the cycle of Public Hearings,provided the posted notice(s) remain in reasonable repair and continue to be legible per the requirements of Sec.C.1 5.Proof that the property was posted in accord with this Section shall be provided to the department prior to the opening of any Public Hearing.A date-stamped photograph of the posted notice in context,showing a date in compliance,shall be deemed adequate proof for purposes of this Section. 6.Removal,damage or destruction of a properly posted notice by weather or other natural occurrence shall not be construed as failure to comply with the public-notice provisions of this Code.