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HomeMy WebLinkAboutZOA-11-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. 1482 Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code ") entitled "Floodplain Control ;" and WHEREAS, Section 26 -805.0 of the Code prohibits structures within the "Floodway District" defined by Code Section 26 -802 and as described in Code Sections 26 -804 and 26 -806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26- 805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt or repaired, as permitted special exception uses subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -805 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection C and renumbering current subsection C as D, to read as follows: 26 -805. Floodway District. A. ... B. ... C. SPECIAL EXCEPTIONS. THE FOLLOWING USES ARE PERMITTED IN THE FLOODWAY DISTRICT SUBJECT TO SPECIAL REQUIREMENTS AS NOTED: 1. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26 -807 (NONCONFORMING USES) AND THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. D. Prohibited Uses. .. . Section 2 . Section 26 -807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26 -807. Non - conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged THE NONCONFORMITY except in seaferar}ity COMPLIANCE with the provisions of these regulations. B. No substantial improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming use STRUCTURE is permanently changed to a conforming aseSTRUCTURE. C. If such use is discontinued for TWO (2) twelve (z) consecutive YEARSmeriths, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26- 808C.4.a. Section 3. Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14 day of March, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final -2- passage set for March 28, 2011 and continued until April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0, this 25th day of April, 2011. SIGNED by the Mayor on this ale day of , r ri l 1 2011. i Jerry 0006, Maybr ATTEST: Michael Snow, City Clerk Approved as to Form Garrald E. Dahl, City Attorney First Publication: March 17, 2011; March 31, 2011 Second Publication: April 28, 2011 Wheat Ridge Transcript Effective Date: May 13, 2011 -3- City Council Minutes 4/25/2011 Page 9 3. Council Bill 14 -2011 —An Ordinance adopting a New Code Section 1 -11 Concerning Council District Boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2. Mayor DiTullio opened the public hearing. Council Bill 14 -2011 was introduced on second reading by Mr. DeMott. Deputy City Clerk Bruce Roome assigned Ordinance No. 1488. City Clerk Michael Snow provided the staff report. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 14 -2011 (Ordinance 1488) on second reading and that it take effect immediately upon approval; seconded by Mrs. Sang; carried 7 -0. Council Member Reinhart left the meeting at 10:24. 4. Council Bill 11 -2011 — amending the Wheat Ridge Code of Laws concerning Nonconforming Structures in the Floodway District. Mayor DiTullio continued the public hearing from March 28, 2011. Council Bill 11 -2011 was introduced on second reading by Mrs. Jay. Ordinance No. 1482 was previously assigned on March 28, 2011. No staff report was provided. No citizens were present to speak. The Deputy City Clerk read into record comments submitted by Dean Gokey. N Mayor DiTullio closed the public hearing. Motion by Mrs. Jay to approve Council Bill 11 -2011 (Ordinance 1482) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 6 -0. ORDINANCES ON FIRST READING 6. Council Bill 16 -2011 —An Ordinance amending Chapter 2, Article 1, of the Wheat Ridge Code of Laws authorizing the City to Contract for Collection of Outstanding Debts due to the City. City of V41heat l;e ITEM NO: DATE: April 25, 2011 REQUEST FOR CITY COUNCIL ACTION i Y TITLE: COUNCIL BILL NO. I1 -2011 — AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT ® PUBLIC HEARING ❑ ORDINANCES FOR l READING (03/14/2011) BIDS /MOTIONS ® ORDINANCES FOR 2 READING (04/25/2011) ❑ RESOLUTIONS QUASI- JUDICIAL: ❑ YES ._�.< / - r Public Wgrks Director ® NO City Manager ISSUE: This ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the City's established floodway district. PRIOR ACTION: The Council previously discussed this issue at the December 13, 2010 City Council Meeting and directed that an ordinance be prepared. After first reading, the City Attorney and Public Works Director met with Couneilmember Berry to address her concerns. The result of that meeting was a shorter version of the ordinance (attached), which was reviewed and recommended for approval by the Planning Commission on April 7, 2011. FINANCIAL IMPACT: There will be no financial impact to the City from this ordinance. BACKGROUND: Section 26 -805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 100 -year flood event. Uses currently permitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current floodway district ordinance was adopted in 2001, approximately 80 structures for human occupancy Council Action Form April 25, 2011 Page 2 (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district. As nonconforming uses, these residences are subject to Sec. 26 -807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result, Sec. 26 -807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section 26 -805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the structure. One of the stated goals of Chapter 26, Article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date of adoption of the present floodway district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of Article VIII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns it might raise for FEIN/IA. Because the improvements being allowed are only on existing strictures and such improvements are required to comply with the standards for Class II Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. RECOMMENDATIONS: Adopt the ordinance on second reading, RECOMMENDED MOTION: "I move to Approve Council Bill No. 11-2011, an ordinance amending the Wheat Ridge Code of Laws concerning nonconforming structures in the floodway district on second reading and that it take effect fifteen days following final publication." Or, "I move to postpone indefinitely Council Bill No. 11 -2011 an ordinance amending the Wheat Ridge Code of Laws concerning nonconforming structures in the floodway district for the following reason(s) REPORT PREPARF,D /REVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No. 11 -2011 2. Memorandum from City Attorney CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code ") entitled "Floodplain Control ;" and WHEREAS, Section 26 -805.0 of the Code prohibits structures within the "Floodway District" defined by Code Section 26 -802 and as described in Code Sections 26 -804 and 26 -806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26- 805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt or repaired, as permitted special exception uses subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -805 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection C and renumbering current subsection C as D, to read as follows: 26 -805. Floodway District. A. ... B. ... C. SPECIAL EXCEPTIONS. THE FOLLOWING USES ARE PERMITTED IN THE FLOODWAY DISTRICT SUBJECT TO SPECIAL REQUIREMENTS AS NOTED: 1. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26 -807 (NONCONFORMING USES) AND THE REQUIREMENTS OF SECTION 26- 806.13, E and F, PROVIDED, REVISED ORDINANCE Attachment 1 HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. D. Prohibited Uses... . Section 2 . Section 26 -807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26 -807. Non - conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged THE NONCONFORMITY except in eenformity COMPLIANCE with the provisions of these regulations. B. No substantial improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming use STRUCTURE is permanently changed to a conforming useSTRUCTURE. C. If such use is discontinued for TWO (2) twelve (12) consecutive YEARSmeaths, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26- 808C.4.a. Section 3. Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 10 day of March, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final -2- passage set for March 28, 2011 and continued until April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: March 17, 2011; March 31, 2011 Second Publication: Wheat Ridge Transcript Effective Date: -3 rpm 4 s3 Y � TO: Mayor and Council FROM: Gerald E. Dahl, City Attorney DATE: February 15, 2011 RE: Ordinance amending Floodway District At the Council study session on this item, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted FEMA for consultation on this matter, and reports as follows: Impact on individual insurance rates The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person's insurance rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to 1' above base flood elevation); because, in the end, the home will be safer than it was before. However, in making such improvements, the owner will likely incur expenses in order to ensure the home is compliant with the Code. Further, if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's rating The City is part of the National Flood Insurance Plan Community Rating System ( "CRS "). Currently, the City has been very proactive in protection of its floodplain and has received a very good rating. Flood insurance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount as a result of the City's rating. The City's flood insurance program is not at risk with this ordinance Attachment 2 City of Wheat f d, COMMUNITY DEVELOPMENT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: April 7, 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Tim Paranto Date of Preparation: March 29, 2011 This Case is: Quasi - judicial _X_ Legislative Proper notice was given for this public hearing. SUMMARY: The attached ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the City's established floodway district. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Section 26 -805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 100 -year flood event. Uses currently pennitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current floodway district ordinance was adopted in 2001, approximately 80 structures for human occupancy (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district. As nonconforming uses, these residences are subject to sec. 26 -807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result, sec. 26 -807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section 26 -805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the structure. One of the stated goals of chapter 26, article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date of adoption of the present floodway district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of article VIII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply with the standards for Class II Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 of the Wheat Ridge Code of Laws concerning nonconforming structures in the Floodway District." Exhibit: 1. Proposed ordinance 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code ") entitled "Floodplain Control;" and WHEREAS, Section 26 -805.0 of the Code prohibits structures within the "Floodway District" defined by Code Section 26 -802 and as described in Code Sections 26 -804 and 26 -806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26- 805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt, subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -805, sections B and C, of the Wheat Ridge Code of Laws are amended to read as follows: 26 -805. Floodway District. A. ... B. Permitted uses. The following open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures(EXCEPT AS PERMITTED BY SECS. 26- 805.B.4 AND 26- 805.C.1 BELOW), OR filling or deposit of materials, and do not cause any increase in the base flood elevation of the Floodway District. 1. Agricultural uses such as general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game EXHIBIT 1 farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; 3. Utility facilities such as flowage areas, transmission lines, pipelines, water monitoring devices, roadways and bridges; 4. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26 -807 (NONCONFORMING USES) AND RECONSTRUCTED OR SUBSTANTIALLY IMPROVED NONCONFORMING STRUCTURES PERMITTED PURSUANT TO SECTIONS 26 -807.13 AND 26- 8075; AND Uses being similar in nature to these permitted uses may be allowed, provided that they are consistent with the provisions of these regulations. C. Prohibited Uses. Structures, EXCEPT TO THE DEGREE PERMITTED BY SECTION 26- 805.B.4, fill or deposition of materials shall be prohibited in the Floodway District. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the Floodway District. Section 2 . Section 26 -806.A of the Wheat Ridge Code of Laws is amended to read as follows: 26 -806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District, EXCEPT AS ALSO APPLIED TO CERTAIN STRUCTURES IN THE FLOODWAY DISTRICT BY SEC. 26- 805.B.4. Section 3 . Section 26 -807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26 -807. Non - conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. -2- B. No substantial improvement (EXCEEDING 50% OF THE PRIOR VALUE OF THE STRUCTURE) to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming use STRUCTURE is permanently changed to a conforming useSTRUCTURE, EXCEPT THOSE NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT. SUBSTANTIAL IMPROVEMENT OF STRUCTURES IN THE FLOODWAY DISTRICT SHALL BE PERMITTED SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. C. If such use is discontinued for twelve (12) consecutive months, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26- 808C.4.a. F. FOR PURPOSES OF SEC. 26- 805.B.4, RECONSTRUCTION OF A NOW CONFORMING STRUCTURE SHALL COMMENCE WITHIN TWO (2) YEARS OF THE EVENT GIVING RISE TO THE NEED FOR SUCH RECONSTRUCTION. SUCH RECONSTRUCTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. Section 4. Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011, ordered published with Public Hearing and consideration on final passage set for March 28, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29"' Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of 1 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: March 17, 2011 Second Publication: Wheat Ridge Transcript Effective Date: in CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMENT NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct a Public Hearing on April 7, 2011 at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 29 "' Avenue, Wheat Ridge, Colorado, to consider Case No. ZOA- I 1 -03, amendments to Chapter 26, Zoning & Development Code, concerning non- conforming structures in the floodway district. All interested citizens are invited to speak at the Public Hearing or submit written comments. The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatrid eg co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, March 31, 2011 kA City Of Wheat 1�dge ITEM NO: DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION el TITLE: COUNCIL BILL NO. 11 -2011 — AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS SECTION 26 -805 CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 ) Feor ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (03/14/2011) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (03/28/2011) ❑ RESOLUTIONS -JUDICIAL: ❑ YES ® NO es!— G Works DirAtory City Manager ISSUE: This ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the City's established floodway district. PRIOR ACTION: The Council previously discussed this issue at the December 13, 2010 City Council Meeting and directed that an ordinance be prepared. FINANCIAL IMPACT: There will be no financial impact to the City from this ordinance. Section 26 -805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 100 -year flood event. Uses currently permitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current floodway district ordinance was adopted in 2001, approximately 80 structures for human occupancy (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district. Council Action Form March 28, 2011 Page 2 As nonconforming uses, these residences are subject to Sec. 26 -807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result, Sec. 26 -807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section 26 -805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the structure. One of the stated goals of Chapter 26, Article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date of adoption of the present floodway district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of Article VIII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply with the standards for Class II Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. Continue the hearing on Council Bill No. 11-2011 to April 25, 2011 to allow a recommendation by the Planning Commission. "I move to continue the hearing on Council Bill No. 11 -2011 an ordinance amending the Wheat Ridge Code of Laws Section 26 -805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 until April 25, 2011, at 7 p.m. in City Council Chambers." Or, "I move to postpone indefinitely Council Bill No. 11 -2011 an ordinance amending the Wheat Ridge Code of Laws Section 26 -805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 for the following reason(s) Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works S �S ATTACEffAENTS: 1. Council Bill No. 11 -2011 2. Memorandum from City Attorney CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code ") entitled "Floodplain Control ;" and WHEREAS, Section 26 -805.0 of the Code prohibits structures within the "Floodway District" defined by Code Section 26 -802 and as described in Code Sections 26 -804 and 26 -806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26- 805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt, subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -805, sections B and C, of the Wheat Ridge Code of Laws are amended to read as follows: 26 -805. Floodway District. A. ... B. Permitted uses. The following open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures(EXCEPT AS PERMITTED BY SECS. 26- 805.6.4 AND 26- 805.C.1 BELOW) OR filling or deposit of materials, and do not cause any increase in the base flood elevation of the Floodway District. 1. Agricultural uses such as general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game Attachment 1 farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; 3. Utility facilities such as flowage areas, transmission lines, pipelines, water monitoring devices, roadways and bridges; 4. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26 -807 (NONCONFORMING USES) AND RECONSTRUCTED OR SUBSTANTIALLY IMPROVED NONCONFORMING STRUCTURES PERMITTED PURSUANT TO SECTIONS 26 -807.13 AND 26- 807.F; AND 5. Uses being similar in nature to these permitted uses may be allowed, provided that they are consistent with the provisions of these regulations. C. Prohibited Uses. 1. Structures, EXCEPT TO THE DEGREE PERMITTED BY SECTION 26- 805.8.4, fill or deposition of materials shall be prohibited in the Floodway District. 2. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the Floodway District. Section 2 . Section 26 -806.A of the Wheat Ridge Code of Laws is amended to read as follows: 26 -806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District, EXCEPT AS ALSO APPLIED TO CERTAIN STRUCTURES IN THE FLOODWAY DISTRICT BY SEC. 26- 805.6.4. Section 3 . Section 26 -807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26 -807. Non - conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. -2- B. No substantial improvement (EXCEEDING 50% OF THE PRIOR VALUE OF THE STRUCTURE) to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming use STRUCTURE is permanently changed to a conforming useSTRUCTURE, EXCEPT THOSE NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT. SUBSTANTIAL IMPROVEMENT OF STRUCTURES IN THE FLOODWAY DISTRICT SHALL BE PERMITTED SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. C. If such use is discontinued for twelve (12) consecutive months, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26- 808C.4.a. F. FOR PURPOSES OF SEC. 26- 805.B.4, RECONSTRUCTION OF A NOW CONFORMING STRUCTURE SHALL COMMENCE WITHIN TWO (2) YEARS OF THE EVENT GIVING RISE TO THE NEED FOR SUCH RECONSTRUCTION. SUCH RECONSTRUCTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. Section 4. Severability, Conflictina Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011, ordered published with Public Hearing and consideration on final passage set for March 28, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: March 17, 2011 Second Publication: Wheat Ridge Transcript Effective Date: KI MURRAv DA 94-i K u="ENMEIS R RE"AU0 L_L MEMORANDUM TO: Mayor and Council FROM: Gerald E. Dahl, City Attorney DATE: February 15, 2011 RE: Ordinance amending Floodway District At the Council study session on this item, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted FEMA for consultation on this matter, and reports as follows: Impact on individual insurance rates The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person's insurance rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to 1' above base flood elevation); because, in the end, the home will be safer than it was before. However, in making such improvements, the owner will likely incur expenses in order to ensure the home is compliant with the Code. Further, if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's rating The City is part of the National Flood Insurance Plan Community Rating System ( "CRS "). Currently, the City has been very proactive in protection of its floodplain and has received a very good rating. Flood insurance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount as a result of the City's rating. The City's flood insurance program is not at risk with this ordinance Attachment 2 lJ City of J 6a " Ab ITEM NO: 9. DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL AMENDING THE SECTION 26 -805, STRUCTURES IN RELATED SECTIO NO. 11 -2011 - AN ORDINANCE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING THE FLOODWAY DISTRICT AND XS OF ARTICLE VII F CHAPTER 26 F PUBLIC HEARING ® ORDINANCES FOR 1 sT READING (03/14/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2" READING (03/28/2011) ❑ RESOLUTIONS QUASI - JUDICIAL: ❑ YES to NO z Public Works Di ee or City Manager ISSUE: This ordinance establishes standards for the maintenance of existing nonconforming structures for human occupancy within the City's established floodway district. PRIOR ACTION: The Council previously discussed this issue at the December 13, 2010 City Council Meeting and directed that an ordinance be prepared. FINANCIAL IMPACT: There will be no financial impact to the City from this ordinance. BACKGROUND: Section 26 -805 of the Code governs uses in the City's floodway district, which is characterized by hazardous and significant depths and velocities in the event of a 100 -year flood event. Uses curently.permitted in the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current floodway district ordinance was adopted in 2001, approximately 80 structures for human occupancy (man residences) were in existence in the floodway district and concurrently became nonconforming uses within the floodway district Council Action Form March 14, 2011 Page 2 As nonconforming uses, these residences are subject to Sec. 26 -807, which allows improvement to a nonconforming structure so long as the use is changed to a conforming use. As a result, Sec. 26 -807 operates as a bar to property owners improving their residences in the floodway district, because "structures for human occupancy" are not listed as a conforming use in Section 26 -805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively prohibited from using the stricture. One of the stated goals of Chapter 26, Article VIII of the Code is to protect public health, safety and welfare, not to deprive property owners of the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date of adoption of the present floodway district regulations) to remain and be improved, so long as they comply with the stated safety requirements contained in the remainder of Article VIII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption of this ordinance and any safety concerns it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply with the standards for Class lI Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. RECOMMENDATIONS: Approve Council Bill No. 11 -2011 on first reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 11 -2011 an ordinance amending the Wheat Ridge Code of Laws Section 26 -805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 and set the same for second reading and public hearing for March 28, 2011, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 11-2011 an ordinance amending the Wheat Ridge Code of Laws Section 26 -805, concerning nonconforming structures in the floodway district and related sections of Article VII of Chapter 26 for the following reason(s) REPORT PREPARED/REVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto, Director of Public Works ATTACHMENTS: 1. Council Bill No. 11 -2011 2. Memorandum from City Attorney CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 11 Ordinance No. Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 6 WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code) entitled "Floodplain Control;" and WHEREAS, Section 26 -805.0 of the Code prohibits structures within the "Floodway District' defined by Code Section 26 -802 and as described in Code Sections 26 -804 and 26 -806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26- 805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt, subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -805, sections B and C, of the Wheat Ridge Code of Laws are amended to read as follows: 26 -805. Floodway District. A. ... B. Permitted uses. The following open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures(EXCEPT AS PERMITTED BY SECS. 26- 805.13.4 AND 26- 805.C.1 BELOW), OR filling or deposit of materials, and do not cause any increase in the base flood elevation of the Floodway District. 1. Agricultural uses such as general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game Attachment 1 farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; 3. Utility facilities such as flowage areas, transmission lines, pipelines, water monitoring devices, roadways and bridges; 4. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26 -807 (NONCONFORMING USES) AND RECONSTRUCTED OR SUBSTANTIALLY IMPROVED NONCONFORMING STRUCTURES PERMITTED PURSUANT TO SECTIONS 26 -807.B AND 26- 807.F; AND 5. Uses being similar in nature to these permitted uses may be allowed, provided that they are consistent with the provisions of these regulations. C. Prohibited Uses. 1. Structures, EXCEPT TO THE DEGREE PERMITTED BY SECTION 26- 805.B.4, fill or deposition of materials shall be prohibited in the Floodway District. 2. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the Floodway District. Section 2 . Section 26 -806.A of the Wheat Ridge Code of Laws is amended to read as follows: 26 -806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District, EXCEPT AS ALSO APPLIED TO CERTAIN STRUCTURES IN THE FLOODWAY DISTRICT BY SEC. 26- 805.6.4. Section 3 . Section 26 -807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 26 -807. Non - conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. -2- B. No substantial improvement (EXCEEDING 50% OF THE PRIOR VALUE OF THE STRUCTURE) to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming use STRUCTURE is permanently changed to a conforming useSTRUCTURE, EXCEPT THOSE NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT. SUBSTANTIAL IMPROVEMENT OF STRUCTURES IN THE FLOODWAY DISTRICT SHALL BE PERMITTED SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806.D, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. C. If such use is discontinued for twelve (12) consecutive months, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26- 808C.4.a. FOR PURPOSES OF SEC. 26- 805.B.4, RECONSTRUCTION OF A NON- CONFORMING STRUCTURE SHALL COMMENCE WITHIN TWO (2) YEARS OF THE EVENT GIVING RISE TO THE NEED FOR SUCH RECONSTRUCTION. SUCH RECONSTRUCTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 26- 806,D, E and F, PROVIDED, HOWEVER, THAT SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. Section 4. Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _ on this day of , 2011, ordered published with Public Hearing and consideration on final passage set for March 28, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: me TO: Mayor and Council FROM: Gerald E. Dahl, City Attorney DATE: February 15, 2011 RE: Ordinance amending Floodway District At the Council study session on this itern, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted FEMA for consultation on this matter, and reports as follows: Impact on individual insurance rates The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person's insurance rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to 1' above base flood elevation); because, in the end, the home will be safer than it was before. However, in making such improvements, the owner will likely incur expenses in order to ensure the home is compliant with the Code. Further, if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's rating The City is part of the National Flood Insurance Plan Community Rating System ('`CRS "). Currently, the City has been very proactive in protection of its floodplain and has received a very good rating. Flood insurance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount as a result of the City's rating. The City's flood insurance program is not at risk with this ordinance Attachment 2 City of LAND USE APPLICATION FORM Wh��ti -Ng� - C'0m \aUNIiY t)EVEI,pPM ENT Case No. ZDA110 Date Received 3/22/2011 Related Cazes Case Planner'Pa j Case Description Amend Chapter 26 concerning non - conforming structures in the floodway district j slppslicavN /r.. 4 i fkra Name Cit of Wheat Ridg Name r Phone _� _ Address City ! Slate Zip Oavrier /rdo�malwr� Name Name r Phone Address 4 City State Zip CorNacf /sdo�aVion Name r', Name Phone Address -_ - -,- City Stale C Zip -_- ; /3v%ecf In/o»salm� Street City Address ! ! - --� J �- St t State r0 ! Zip vl - -- - Location Description [Citywide - - - Project Name - -' Parcel No. Qtr Section: District ...._' L - � o.: No.: v Pre -App Date Neighborhood Meeting Date !� - — App No: __ vJ Review Type Review Body Review Date Disposition r Comments Report First Reading v'ICC v 3/1d/2 _ vl ❑ !Pu blicHearing _LCC - �. �3/26/20 11 �Conhnued v�� -- ❑ Publi Hearing - __ - PC ] E _ -- —(- _... ..-- r PublicH v�LC- _ - C _� 4/25/2011 j�- —� � El Rec ord; It a 3698 � 11 ►�. of 3898 { �____ j