Item 7.5 public notification ordinance

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An Ordinance amending Title 20 (Zoning), Chapter 20.04 (Administrative Provisions); Article VII Public Hearings Section 20.04.520 (Notice) of the El Paso City Code to require that notice of proposed changes in zoning classification be provided to property owners and to multifamily dwellings and that notice be posted on the site of the proposed zoning change. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. [POSTPONED FROM 11-19-2013]
(All Districts)

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Item 7.5 public notification ordinance

  1. 1. El Paso City Code Requirements For Public Hearing Notifications— Final Ordinance El Paso City Council Public Hearing November 19, 2013
  2. 2. SECTION 1. That Title 20, Zoning, Chapter 20.04 Administrative Provisions, Article VII Public Hearings, Section 20.04.520 Notice, Section A of the El Paso City Code shall be amended as follows: 20.04.520 Notice. Where a public hearing is required by this chapter, notice shall be given in the manner specified below: A. Content of Notice. Required mailed notices and notices by publication shall include the date, time, and place of the hearing, a description of the subject matter of the hearing and the body holding the hearing. The mailed notices shall be in the form of a standard letter or a postcard and shall include the information in both English and Spanish. The postcard shall be a minimum size of 5.5 inches (H) by 8.0 inches (W). Required on site posting of notice shall be as specified in subsection (B)(2)(d) of this section.
  3. 3. B. Provision of Notice. Notice will be given as per Chapter 2.102 of this Code and additionally in the following manner: 2. On applications for special permits, amendments to zoning conditions and amendments to the district map, additional notice shall be given as follows: a. Notice of hearing before the city plan commission shall be given by mail to all owners of real property, as indicated by the most recently approved municipal tax roll within three hundred feet of the lot line of the subject property. i. In addition to notice given to owners of the real property within three hundred (300) feet of the lot line of the subject property, if a multifamily dwelling is located on any parcel of real property within the three hundred (300) feet of the lot line of the subject property, notice shall be provided to each dwelling unit of the multifamily dwelling. ii. Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following identified methods which are listed in order of preferred method of notice: (1) written notice to the property manager of the multi-family dwelling, (2) posting of the notice in a common area of the multi-family dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an email sent to the dwelling units in a multifamily dwelling by the property manager or the real property owner, or (5) with the permission from the property manager or the real property owner, door hangers placed at each dwelling unit in the multifamily dwelling. iii. In the event notice to dwelling units in a multifamily dwelling cannot be given by any of the abovementioned methods, the City staff will provide a memorandum explaining the notification attempts to the City Plan Commission and the City Council. Any otherwise properly enacted zoning classification shall not be invalidated because notice by any of the above-mentioned methods could not be provided to dwelling units in a multifamily dwelling.
  4. 4. b. When applications for special permits, amendments to zoning conditions, and amendments to the district map involve a Public Utility Facility, notice of hearing before the City Plan Commission shall be given by mail to all owners of real property, as indicated by the most recently approved municipal tax roll within one thousand (500) feet of the lot line of the subject property. i. In addition to notice given to owners of the real property within one thousand (500) feet of the lot line of the subject property, if a multifamily dwelling is located on any parcel of real property within the one thousand (500) feet of the lot line of the subject property, notice shall be provided to each dwelling unit of the multifamily dwelling. ii. Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following identified methods which are listed in order of preferred method of notice: (1) written notice to the property manager of the multi-family dwelling, (2) posting of the notice in a common area of the multifamily dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an email sent to the dwelling units in a multifamily dwelling by the property manager or the real property owner, or (5) with the permission from the property manager or the real property owner, door hangers placed at each dwelling unit in the multifamily dwelling.
  5. 5. Continued . . . i. In addition to notice given to owners of the real property within one thousand (1,000) feet of the lot line of the subject property, if a multifamily dwelling is located on any parcel of real property within the one thousand (1,000) feet of the lot line of the subject property, notice shall be provided to each dwelling unit of the multifamily dwelling. ii. Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following identified methods which are listed in order of preferred method of notice: (1) written notice to the property manager of the multi-family dwelling, (2) posting of the notice in a common area of the multifamily dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an email sent to the dwelling units in a multifamily dwelling by the property manager or the real property owner, or (5) with the permission from the property manager or the real property owner, door hangers placed at each dwelling unit in the multifamily dwelling. iii. The applicant for a special permit, an amendment to zoning conditions, or an amendment to the district map involving a Public Utility Facility is responsible for providing the required notice and for all costs of providing the required notice. The applicant shall provide written documentation to the City that the required notices have been provided unless the applicant has requested that the City provide the notices of the hearing and reimburses the City for all its expenses upon receipt of an invoice. iv. In the event notice to dwelling units in a multifamily dwelling cannot be given by any of the abovementioned methods, the City staff will provide a memorandum explaining the notification attempts to the City Plan Commission and the City Council. Any otherwise properly enacted zoning classification shall not be invalidated because notice by any of the above-mentioned methods could not be provided to dwelling units in a multifamily dwelling.
  6. 6. 20.02.754 Public utility facility. "Public utility facility" means the buildings, structures and facilities relating to the furnishing of public utility services to the public. Public utility facilities shall be categorized as follows: A. Minor Utility Facilities. Minor utility facilities shall include facilities which are necessary to support principal development including, but not limited to, lines, poles, pipes, drains, conduits, wires, meters, valves, hydrants, cross-connection control devices, transformers, gauges and other similar facilities which serve to distribute and transmit electrical power, gas, water and other essential public utilities; bus shelters, terminals and other similar facilities necessary for mass transportation service; bridges, catch basins, channels, culverts, detention ponds, ditches, flumes, pipes and other similar facilities which serve to carry, store, divert or collect storm drainage from land; and which minor utility facilities are customarily placed within a public right-of-way or public easement. B. Water and Wastewater Utility Facilities. Water and wastewater utility facilities shall include facilities providing service, maintenance or repair of essential public utilities to one or more developments including, but not limited to, wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations, regulators and other similar facilities; and which are not a minor or major utility facility. C. Communication Utility Facilities. Communication utility facilities are not minor or major utility facilities and shall include facilities that provide for the transmission, transfer and distribution of telephone service and related activities. Facilities include, but shall not be limited to, communications exchanges, mini-huts, maxihuts and other similar facilities. D. Major Utility Facilities. Major utility facilities shall include facilities which are used primarily for the storage, treatment, distribution or collection of an essential public utility service including, but not limited to, facilities for generation of energy, water and wastewater treatment plants, storage yards, switching facilities, primary substations and similar facilities.
  7. 7. c. Notice of hearing before the city council shall be given as follows: ii. The published notice shall contain: 1. the name of the property owner(s) requesting the special permits, amendments to zoning conditions, or amendments to the district map; 2. the legal description of the property or the physical address assigned to the property; if no address has been assigned, the notice shall contain the name and block number of the street(s), if any, abutting the property, for which the special permit, amendment to zoning conditions, or amendments to the district map has been requested, and 3. and an electronic link to the City’s website containing the City Council agendas at which the application will be introduced and the identified public hearing date at which the application will be considered.
  8. 8. d. On site posting of notice by an applicant is required for parcels of one acre or more. Such on site posting of notice shall comply with the following: i. Location. The notice should be placed on the proposed site so that it is clearly visible and legible from each right-of-way abutting the property. 1. The sign(s) shall be placed perpendicular to the street frontage and be double sided. 2. One sign per right-of-way shall be required. However, if a property is separated by a right-of-way, on site posting shall be required for each side of the property divided by the right-of-way. 3. Required signage shall be made of durable material. Signage shall be properly anchored to the ground with at least two posts, a building, a fence, or a wall. The top of the text portion of such signage shall be a minimum of five feet above ground.
  9. 9. iii. Size and Content. A sign area with a minimum width of eight feet and a minimum height four feet shall be required. The sign shall provide a caption stating: Location of Proposed Rezoning (or other type of application); an explanation of the requested rezoning (or other type of application), i.e. change to zoning map from one district to another, Public Hearings Are Scheduled; and a telephone number for additional information (telephone number to be provided by the planning official). The caption shall also be provided in Spanish. The caption shall be in black fourinch bolded block lettering and appear on a light green background. iv. Zoning Validity. Any otherwise properly enacted zoning regulation shall not be invalidated by failure to comply with subsection (B)(2)(dc) of this section.
  10. 10. 4 FEET HEIGHT ENGLISH TEXT SPANISH TEXT 8 FEET WIDE
  11. 11. City Plan Commission Public Notification Letters City Code-Bilingual 1. 2. 3. 4. Case Number & Information Date, Time, & Location of Public Hearing Information for How to Voice Concern/Input Map of Location of Property
  12. 12. CPC Suggestions—August 22 • Use Social Media To Augment Notifications • Community Information Page In Each Representatives’ Homepage • Require That Text Be On Both Sides • Include Postcard In EPWU Bill To Notify Residents Of Changes
  13. 13. Greater El Paso Association of REALTORS Comments and Recommendations The association recommends to send the item back to LRC for further review and address the following issues and concerns: • The City already goes above State Code requirements why increase that further? • Based on the 211 State Code requirements majority vote can only be triggered by property owners within the 200 ft. additional notification will not make a difference as they can’t be counted in 211. • Has the City conducted any type of research on the possible effects to business/property owners? Who will pay for any additional forms of notification such as door hangers or will application fees be increased? • Can this have an effect on the validity of neighborhood associations? • Sign posting requirements no longer look official with added color and are too big. • There are other ways to generate public outreach and involvement in the public hearing process such as web pages, tv, and radio. • Additional notification requirements will cause increased work load for City Staff preparing notifications.
  14. 14. Questions?
  15. 15. El Paso City Code Requirements For Public Hearing Notifications— Final Ordinance El Paso City Council Public Hearing November 19, 2013
  16. 16. Types of Notifications • Official City Letterhead Notification Letter and Map Prior to (CPC) within 300” Buffer • Neighborhood Association Notification Letters Prior to (CPC) • On Site Posting Prior to (CPC, CC) • Newspaper Notices Prior to (CC) • City Clerk Notices (Postcard) Prior to (CC)
  17. 17. City Council Newspaper Notification Notices
  18. 18. Apartment Notifications • Require Applicant to Notify Individual Affected Tenants & Property Owners • Door Hangers • Drop-off Letters for Property Managers • Email Confirmation • Require Staff to Notify (Increase Fees) • Work with El Paso Apartment Association • Drop-off Letters for Property Managers • Email Confirmation
  19. 19. Notification Requirements for Subdivisions Section 212.015 of the Local Government Code requires notices for replats where: (1) during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or (2) any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot Notices must be given before the 15th day of the hearing. Title 19 Subdivision Code Section 19.07.030 Special Replat Requirements follows same requirements provided in Sect. 212.015 of the Local Gov’t Code. Notices include the following: • • Publication in an official newspaper; and Written notice to owners of lots that are in the original subdivision and within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll. Both must be given before the 15th day before the date of the hearing
  20. 20. Notification requirements for vacating right-of-ways Title 19 Section 19.15.040.E.2(b) requires notices for CPC and City Council hearings to all property owners: (a) Abutting an alley or public right-of-way proposed to be vacated; (b)Within the block contiguous to the alley or public right-ofway proposed to be vacated; and (c)Within a two hundred foot radius of the alley or public right-of-way proposed to be vacated. Notice shall be given at least ten days prior to the public hearing. Property ownership shall be determined by reviewing the last approved ad valorem tax roll of the city available. In addition, a legal notice in a newspaper of general circulation in the city shall be placed regarding information of the public hearing before the city plan commission on the public right-of-way proposed to be vacated. Notice shall appear in the newspaper ten days prior to the public hearing date.

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