2018-189 Use of Utility Billing Information for Development Public Hearing NotificationsDate: December 21, 2018 Report No. 2018-189
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Utilization of utility billing information for development related public hearing notifications.
EXECUTIVE SUMMARY:
Staff could begin utilizing utility billing information for the 500-foot courtesy notifications for
development related public hearings. The major differentiation between current practice and the
utilization of utility account information is the notification to individual tenants in multifamily
residents who are currently not reached in the notification process. Changes to the notification
procedures could result in an increased cost to applicants for the additional notifications. Based on
an analysis of four recent developments, the increased cost would be dependent on the number of
multifamily dwelling units within the 500-foot radius could be up to or in excess of $500.
BACKGROUND:
City Council requested information on November 13, 2018 regarding the utilization of utility
billing information in the notification to residents of upcoming development related public
hearings. Notifications are currently sent for upcoming hearings on zoning changes, specific use
permits, planned developments, applications for historic landmark designation, and the creation or
alteration of historic districts. The City sends notifications to property owners within 200 feet of
the subject property as a requirement of the of Local Government Code Chapter 211.007 and
include the notice in the Denton Record Chronicle. Also, based on direction received from City
Council on April 25, 2017, staff began sending postcards notifications to addresses within 500
feet.
Generally, single family residents receiving the 500-foot notice are also the individual listed in the
utility billing system so there would not be a change in practice for these notifications. Since
postcards are only mailed to addresses, individual units in multifamily residences are not currently
receiving notifications. Utilizing the utility billing information for notifications would allow
notices to be sent to individual units within a multifamily complex. Staff has analyzed four recent
zoning cases to determine the effect that noticing based on utility billing information would have
with data included in Table 1 below:
Case Number Notifications Utility Billing Notifications Cost Increase
Z18-0024 31 31 -
Z18-0017 99 99 -
Z18-0006 71 201 $85
Z17-0003 26 760 $477
Table 1. Recent zoning cases notification based on address versus utility billing
In both instances of cases with notifications sent to mostly single-family areas, there would be no
increases in the number of notifications sent with a change in procedure to utilize utility billing
information. Cases Z18-0006 and Z17-0003 both are in proximity to multifamily residences and
the increased notifications counts represent the mailings to individual units. All notification fees
Date: December 21, 2018 Report No. 2018-189
including public hearing notices, mailing courtesy postcard notices, and publication of legal
notices in the newspaper are paid by the applicant, so any increases in the costs would be passed
through to the applicant to be paid prior to the public hearing.
If direction were given to implement the utility billing notification practice, Development Services
and Customer Service staff would collaborate to develop a process to efficiently gather billing
information for affected residents on cases coming before Planning and Zoning Commission and
City Council. It should be noted that all customers with utility billing accounts within the 500-foot
may not receive a notice. State law provides utility customers of government-owned utilities have
the right to keep their personal information confidential should they complete and return the
required form to the utility.
DISCLAIMER FROM LEGAL REGARDING NOTICE: State law only requires that we send
notice to the “owners” of property within 200 feet a notice of a proposed change in zoning
classification. TLGC, Sec. 211.007(c). Only the “owners” of property are eligible to be counted
in connection with a protest petition to determine whether the requisite 20% is met to require a
supermajority vote. TLGC, Sec. 211.006(d). DDC, Sec. 35.3.4 is consistent with state law. While
the City can certainly provide greater notice, in this case to non-property owners (i.e., renters) and
to properties beyond 200 feet, these individuals’ protests are not counted towards the 20% protest
petition calculation per state law or the DDC.
This topic will be included in a future Work Session strategy session with City Council if further
policy discussion or research is requested.
ATTACHMENT:
1. Memo regarding public hearing notification practices
STAFF CONTACT:
Scott McDonald
Director of Development Services
940-349-8539
Scott.McDonald@cityofdenton.com
Department of Development Services Planning Division
215 W. Hickory St., Denton, TX 76201 (940) 349-8541
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
MEMORANDUM
DATE: November 29, 2017
TO: Planning and Zoning Commission
FROM: Richard Cannone, Interim Planning Director
SUBJECT: Public Hearing Notification Practices
This memo is a follow up on information recently provided to the Planning and Zoning
Commission regarding implemented public hearing notification practices. Following receiving
input from the Planning and Zoning Commission, the Planning Division staff presented
recommendations to the City Council on April 25, 2017. As a result the City Council directed staff
to implement the following items:
1. Mail out public hearing notices (8½” x 11” full color) to property owners within a 200-foot
radius of the subject property via regular mail and certified mail.
2. Mail out courtesy postcards notices (4” x 6” full color) to residents within 500-foot radius
of the subject property via regular mail.
3. Post a public hearing notice on the city’s webpage “Notices.”
4. Enlarge the public hearing sign dimension to 4’ x 3.5’ and require the applicant to post the
sign on the subject property. The sign shall include contact information and a shortened
website URL for more information.
5. Implement an electronic notification system where all city notifications are centralized in
a prominent location on the city’s website, and users can subscribe to email notifications
when a notice is posted.
6. Revise the notification fee so that all notifications (public hearing notice, courtesy notice,
and newspaper publication) will be paid by the applicant based on the actual costs.
7. Standardize notification procedures for public hearings, neighborhood or stakeholder
meetings, construction notices, and other informational notices. Practices currently vary by
department, and staff is working to standardize notification methods based on activity,
rather than the initiating department.
Starting June this year, the Planning Division implemented items 1 through 5.
The revision to the notification fee described in item 6 was presented to City Council on September
19, 2017. At that meeting the City Council approved an ordinance amending the schedule of fees
by amending the public hearing notification fee. Effective October 1, 2017, all projects submitted
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that require a public hearing notification (public hearing notice, courtesy notice, and newspaper
publication) applicant are required to pay notification fees based on the actual costs.
In addition, effective October 1, 2017, the applicants are now required to purchase and post signs
on the subject property. Applicants were notified in advance of the new notification requirements
through a marketing program. Announcements of these changes were and continue to be made
verbally to applicants during their Pre-Development Meeting, with their first review comments,
posted throughout the Development Services building, and posted online.
It is also important to note that all newspaper notices now include the applicant’s contact
information and a map of the subject site.
Item 7 is ongoing, all departments are working to standardize their notification methods.
Please contact Ron Menguita at (940) 349-8328 if you have any questions or require additional
information.