City Council Minutes 2013 12 03 - Laserfiche WebLink

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City Council Meeting Minutes December 3, 2013 Page 8 of 21 Mayor Muckle requested a staff presentation. Council member Lipton disclosed he reviewed the proposed ordinance while he was a member of the Planning Commission. City Attorney Light stated his review of this ordinance while on the Planning Commission does not present a conflict of interest. Planning Director Russ explained the City has inconsistent public notice requirements for the various quasi - judicial land development requests, which make the public notices confusing and /or ineffective. Current public notice requirements for various quasi - judicial actions vary based on the land development request in terms of posting (place and duration), mailing (distance from affected property), and publication in the local newspaper. Based on community feedback, staff developed a draft ordinance amending Titles 16 and 17 of the Louisville Municipal Code (LMC) to update, clarify, and make more consistent public notice requirements for all quasi - judicial proceedings. Quasi - Judicial Requirements: The Louisville Charter and the Louisville Municipal Code (LMC) contain specific rules the City and applicants must follow regarding public notice procedures for all quasi - judicial actions. These public notice requirements are not minimum standards the City can ask an applicant to exceed if that seems desirable. Instead, the LMC outlines specific requirements an applicant and City staff must follow to ensure every development proposal is processed consistently. Staff's review of current public notice requirements for all quasi - judicial actions, revealed inconsistencies between various land development applications in posting (place and duration), mailing (distance from affected property), and publication in the local newspaper. Staff recommended each land use application be treated equally and not create subjective or interpretive standards. The required mailing, posting, and publication requirements associated with public notices should be made consistent across all land development requests. Staff did not recommend modifying the currently prescribed 500 - foot mailing distance requirement based on a specific size threshold. If City Council wishes to increase the mailing requirements for public hearing notices, staff would encourage a uniform mailing distance be applied. The ordinance has the standard 500 -foot mailing requirement for all public hearing notices. Individual mailings are one of many important public notice tools available to the City, however mailings may not be the most effective as the internet appears to be taking precedence over conventional mail. Staff preferred to strengthen the property posting requirements for all applications and introduce a City web -site posting requirement as the primary notification tools and recommended the public notice regulations be modified so all development requests post the property in question and be required to do so along each fronting public or a private street. Staff presented a draft ordinance to the Louisville Planning Commission at the September 26, 2013 public hearing and stated their preference for an ordinance, which is clear and concise with no potential different interpretations by the parties affected. Staff recommended approval of Ordinance No. 1647, Series 2013.