[bouldercouncilhotline] Hotline: RE: Notifications

[cmosupport at bouldercolorado.gov]

Sender: Gehr, David

Hi Lisa,

Please see Section 9-6-3(b)(2)(A), B.R.C. 1981.  The provision requires both a posting and mailed notice to all property owners within 300 feet of the applicant's property.  Section 9-6-3(b)(2)(B), B.R.C. 1981 provides that the manager has to wait at least 10 days after the property is posted before it can approve the conditional use application.

Best,
David

-----Original Message-----
From: Morzel, Lisa 
Sent: Thursday, May 19, 2016 10:36 AM
To: Gehr, David
Cc: Carr, Thomas; HOTLINE
Subject: Re: Notifications

Thanks much, David,  greatly appreciated.

So, if I understand correctly, the coop ordinance we currently have in place requires a posting of property for and a mailed notice at least 10 days prior to the city taking action. What is the radius for which the mailed notice would be sent?

Thanks

Lisa

Lisa Morzel
Member, Boulder City Council

303-938-8520 h
303-815-6723 c

"We interact with one another as individuals responding to a complex haze of factors: professional responsibilities, personal likes and dislikes, ambition, jealousy, self-interest, and, in at least some instances, genuine altruism.  Living in the here and now, we are awash with sensations of the present, memories of the past, and expectations and fears for the future. Our actions are not determined by any one cause; they are the fulfillment of who we are at that particular moment.  After that moment passes, we continue to evolve, to change, and our memories of that moment inevitably change with us as we live with the consequences of our past actions, consequences we were unaware of at the time." The Last Stand, Nathaniel Philbrick


On May 18, 2016, at 2:30 PM, "Gehr, David" <GehrD at bouldercolorado.gov> wrote:

> Hi Lisa,
> 
> The standards for a good neighbor meeting can be found in Section 9-2-4, B.R.C. 1981.   I have copied the section in below.  It can be found in the following link:
> 
> https://www2.municode.com/library/co/boulder/codes/municipal_code?node
> Id=TIT9LAUSCO_CH2REPR_9-2-4GONEMEMAPL
> 
> Good neighbor meetings require a mailed notice to property owners with 600 feet of the project.  The code does not require the property to be posted.
> 
> 
> Uses that require good neighbor meetings in Chapter 9-6, B.R.C. 1981 
> include many restaurant or brewpub like uses in close proximity to 
> residential uses as well as shelters such as day, emergency, or 
> overnight shelters
> 
> ADUs, OAU's, solar exceptions, and cooperative housing units under the existing ordinance require posting of property for and mailed notice at least 10 days prior to the city taking action on the application in the context of an administrative review.
> 
> General Notice requirements can be found in Section 9-4-3.  Table 4-2 in that code section provides a nice summary of the notice requirements.  It can be found at the following link:
> 
> https://www2.municode.com/library/co/boulder/codes/municipal_code?node
> Id=TIT9LAUSCO_CH4PUNODEAP_9-4-3PUNORE
> 
> 
> Best,
> David
> 
> David Gehr, Deputy City Attorney
> City of Boulder
> Office of the City Attorney
> P.O. Box 791
> 1777 Broadway
> Boulder CO 80306
> (303)441-3020
> gehrd at bouldercolorado.gov
> 
> 
> 
> 
> 
> 
> 9-2-4. - Good Neighbor Meetings and Management Plans. 
> (a) Purpose and Applicability: Good neighbor meetings and management plans are required for some uses, such as shelters and some restaurants and taverns, in order to ensure that applicants, owners, and operators of specific uses are informed of the effects of their use upon neighboring properties, and are educated about ways to mitigate, reduce, or eliminate potential impacts upon neighboring properties. The specific use standards of Chapter 9-6, "Use Standards," B.R.C. 1981, identify those uses that must complete these procedures.
> (b) Good Neighbor Meeting: When required, owners and operators shall conduct a good neighbor meeting that meets the following standards:
> (1) Meeting With Surrounding Property Owners Required: Prior to submitting an application, the owner or operator shall be required to organize, host, and participate in a meeting with the surrounding property owners. The time and place of the meeting shall be approved by the city manager. Nothing in this section shall relieve the owner or operator of the responsibility to otherwise comply with all other laws applicable to the property or business.
> (2) Purpose of Meeting: The purpose of the meeting described in Subsection (a) of this section is to provide interested persons in the surrounding neighborhood an opportunity to inform the facility owner or operator of the concerns of the neighborhood. The facility owner or operator shall also provide interested persons in the surrounding neighborhood an opportunity to comment on its proposed management plan. The issues to be addressed at this meeting may include, without limitation, hours of operation; client and visitor arrival and departure times; coordinated times for deliveries and trash collection; mitigation of noise impacts; security; the facility's drug and alcohol policy; loitering; employee education; the facility's responsibilities as good neighbors; neighborhood outreach and methods for future communication; and dispute resolution with the surrounding neighborhood.
> (3) Notice for the Meeting: Notice of the meeting shall be provided as set forth in Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.
> (4) Waiver of Requirement: The city manager may waive the requirement that the applicant organize, host, and participate in a good neighbor meeting upon finding that the applicant will not require a use review, and that the needs of the facility's clients for anonymity and a safe and secure environment will be compromised by such a meeting.
> (c) Management Plan: When required, owners and operators shall develop a management plan that addresses how the applicant will mitigate the potential adverse impacts that a facility may have on the surrounding neighborhood. The approving authority will not approve a management plan unless it adequately addresses such impacts. The following standards apply to the preparation, submission, and approval of a management plan:
> (1) Elements of a Management Plan: The management plan shall contain the following components that describe the business operation and address the mitigation of potential adverse impacts the facility may have on the surrounding neighborhood, to the extent necessary, including, without limitation:
> (A) A description of the food service offered;
> (B) Hours of operation;
> (C) Client and visitor arrival and departure times;
> (D) Coordinated times for deliveries and trash collection;
> (E) A description of the type of entertainment provided;
> (F) Size, location, and number of electronic amplifiers;
> (G) Techniques and strategies to mitigate noise impacts;
> (H) A description of how the applicant will prevent littering and 
> maintain an orderly appearance of the premises and any adjacent right 
> of way;
> (I) A security plan describing security features, including, without 
> limitation, personnel and equipment;
> (J) The facility's drug and alcohol policy; (K)Strategies to avoid 
> loitering; (L)Employee education; (M)The facility's responsibilities 
> as good neighbors;
> (N) Neighborhood outreach and methods for future communication; and
> (O) Dispute resolution strategies for any conflicts with the surrounding neighborhood.
> 
> (2)  Preparation and Distribution of a Proposed Management Plan: The owner or operator shall prepare a proposed management plan and present it to the surrounding property owners at the good neighbor meeting required by Subsection (a) of this section.
> 
> (3) Submission of a Management Plan: After the good neighbor meeting, the applicant shall submit a revised management plan with its application.
> 
> (4) Approved Management Plan: An approved management plan shall be used to define the operating characteristics of a facility and shall be retained by the applicant and the city manager and shall be readily available to any member of the public at all times during business hours. No person shall operate a facility in violation of an approved management plan.
> (5) Amendment of a Management Plan: When the owner or operator changes the operating characteristics in a manner that does not comply with the approved management plan, the owner or operator shall resubmit a management plan. No owner or operator shall fail to resubmit a management plan that meets the requirements of this section. The city manager is authorized to require an owner or operator to organize, host, and participate in a good neighbor meeting if the city manager determines that such a meeting will be of assistance in identifying additional adverse impacts that may have been created by the facility. The amended management plan shall address how the facility will address any additional adverse impacts that have been identified by the city manager. The city manager will approve the amended management plan upon finding that any such additional adverse impacts will be mitigated by amendments to the management plan.
> 
> (6) Management Plan as a Condition of a Use Review Approval: A management plan shall be incorporated into the conditions of approval if the applicant is required to complete a use review pursuant to Section 9-2-15, "Use Review," B.R.C. 1981.
> 
> Ordinance Nos. 7522 (2007); 7938 (2013)
> 
> -----Original Message-----
> From: Morzel, Lisa
> Sent: Wednesday, May 18, 2016 9:26 AM
> To: Carr, Thomas; Gehr, David; HOTLINE
> Subject: Notifications
> 
> Tom and David
> 
> Would you please list for me the conditions where the city requires good neighbor meetings and management plans, administrative reviews which result in a posting of a notice on the property, or a mailing notifying property owners within a certain area where neighboring properties could be affected?
> 
> Thanks
> 
> Lisa
> 
> Lisa Morzel
> Member, Boulder City Council
> 
> 303-938-8520 h
> 303-815-6723 c
> 
> "We interact with one another as individuals responding to a complex 
> haze of factors: professional responsibilities, personal likes and 
> dislikes, ambition, jealousy, self-interest, and, in at least some 
> instances, genuine altruism.  Living in the here and now, we are awash 
> with sensations of the present, memories of the past, and expectations 
> and fears for the future. Our actions are not determined by any one 
> cause; they are the fulfillment of who we are at that particular 
> moment.  After that moment passes, we continue to evolve, to change, 
> and our memories of that moment inevitably change with us as we live 
> with the consequences of our past actions, consequences we were 
> unaware of at the time." The Last Stand, Nathaniel Philbrick
>