HomeMy WebLinkAboutIR 7891 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7891
February 21, 1995
To the M.ayor and Members of the City Council
X Subject:
1873 Modification for Public Notice Requirements
The Mayor and Council have requested information concerning modifications to the methods
providing legal notice for rezoning cases, subdivision plats, and zoning variances. This informal
report provides information on 1) notifying neighborhood associations of cases within their
areas, 2) expanding the radius for notification of zoning, subdivision, and zoning variances from
200 feet to 300 feet, and, 3) posting signs for Board of Adjustment hearings. Attachment A
provides a summary of current notice regulations.
NOTICE TO AFFECTED NEIGHBORHOOD ASSOCIATIONS
The inclusion of affected neighborhood associations in the list of notices provided for rezoning
cases, zoning variances, and subdivision plats would require the compilation and maintenance of
a master list of associations and their boundaries. This could be accomplished if each association
provides a contact name and address and informs the department of changes in the association's
boundaries. A master list and map could be prepared and maintained and the affected
neighborhood association added to the mailing Est for case notices. If the participating
associations were responsible for notifying the City of changes in contact person(s) and
boundaries, the impact on City staff would be negligible. A small fee of$25.00 per year could be
assessed each participating association to help defray costs of notification.
EXPANDING RADIUS OF MAILED NOTICES
The attached survey of Texas cities (Attachment B) shows that most of the cities contacted use
the 200 feet radius required by state law for notification purposes of Zoning and Plan
Commission actions. Although state law does not specify regulations for Board of Adjustment
variances, most cities, including Fort Worth, use a 200 foot radius requirement. If the Council
chooses to extend the radius to 300 feet for notices of Zoning Commission, Plan Commission,
and Board of Adjustment, staff estimates approximately a 15% overall increase in staff time,
duplication costs, and mailing fees. The approximate increased costs for postage and printing
would be about $2,381 annually. Development Department staff do not anticipate any
significant impacts to expand the notice radius to 300 feet for all mailed notices.
POSTING OF SIGNS FOR BOARD OF ADJUSTMENT BEARINGS
Staff from the Transportation and Public Works Department post the signs required for rezoning
hearings before the Zoning Commission and for Special Exception hearings before the Board of
Adjustment. Approximately 12 signs are posted each month. To include all Board of Adjustment
cases would require an additional 20 to 25 signs at a one-time cost of$300 and one additional
staff day per month.
Board cases typically involve variances to very specific provisions of the Zoning Ordinance,
including setbacks, fence heights, etc. A generic notice, such as a sign, would not provide any
specific information regarding the requested variance. As such, it would probably generate a
ISSUED BY THE CITY MANAGER FORT WORTH TPYAQ
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7891
T February 21, 1995
To the Mayor and Members of the City Council Page 2 of 2
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X► Subject: Modification for Public Notice Requirements
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significant number of inquiries from the general public who happen to view the sign. A written
notice, on the other hand, can provide very specific information on the exact variance being
requested. This will allow affected citizens to determine if they are interested in obtaining
additional information.
EVALUATION OF NOTICE CONTENT AND FORMAT
The standard language for all notices is being assessed by staff to ensure that each notice meets
all legal requirements and is easily understood by citizens.
RECOMMENDATION
If the Council feels that additional notice is warranted, it is recommended that staff be directed to
prepare the necessary ordinance amendments to increase legal notice for Zoning Commission,
the Plan Commission, and the Board of Adjustment to 300 foot radius from the subject tract. In
addition, staff recommends that Council direct staff to provide courtesy notices to registered
neighborhood associations that are affected by a case filed with the Zoning Commission, Board
of Adjustment, and/or Plan Commission. The policy should require any interested neighborhood
association to pay a$25 annual registration fee and provide the Department of Development
with current information on contact person(s) and boundaries. It is not recommended to utilize
signs for variance cases to be heard by the Board of Adjustment. The increased mail notice and
notice to the neighborhood association should provide for adequate notices for Board cases.
Attac ents
Bob Terrell
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
ATTACHMENT
A
CURRENT NOTICE REGULATIONS
Sign Mailed Notice/ Newspaper
(- days prior to meeting)
Zoning Commission
Rezoning Request Yes 200' No
(10 days)
Planned Development/Site Plan No 200' No
(10 days)
Board of Adjustment Yes 200' No
Special Exc. (10 days)
Variance No 200' No
(10 days)
Plan Commission
Prel. Plat No 200' No
OF days)
Replat
Residential (1 & 2 Family) No 200' Yes
(15 days) (15 days)
Multi-Family/CommerciaVIndus. No. No No
Final Plat No No No
City Council
Rezonings Yes No Yes
(15 days)
Planned Development/Site Plan No 200' Yes
(15 days)
ATTACHMENT
B
Zoning, Board and Plat Notice Requirements
Other Texas Cities
Zoning Board Platting
Austin 300' plus sign 200' 200'
San Antonio 200' 200' Defined Neighborhood
Corpus Christi 200' plus sign 200' 500'
El Paso 300' 500, Newspaper and property
sign
Arlington 200' 200' 200'
Bedford 200' 200' 200' (outside subdivision)
Entire subdivision if
inside existing sub-
division.
Burleson 200' Published Notice 500'
Euless 200' 200' 200'
Forest Hill 200' 200' 0
Weatherford 200' 200' 0
Richland Hills Adjacent Property 200' 200'
Grand Prairie 200' 200' 0
Plano 200' 100, 200'
Dallas Varies 200' Entire subdivision