HomeMy WebLinkAboutZOA-11-05-I
TO: Case File No. ZOA-I 1-05
I
SUBJECT: Case closure
Staff has been directed not to move forward. Please close case file.
In response to a question from Commission MATTHEWS, Ms. Reckert stated that
approval of the application will not create property lines without proper setbacks.
In response to a question from Commissioner BRfNKMAN, Ms. Reckert stated that even
if the accessory structure on 6130 were to be removed, a permanent structure could not be
built on this lot.
With the following conditions:
Commissioner MATHTHEWS requested a sixth condition be included, that the
homeowners association covenants for common elements maintenance be required
prior to recording. Commissioners BRINKMAN and OHM were agreeable to this
additional condition.
Motion carried 5-0.
B. Case No. ZOA-11-05 to be continued indeftniteW An ordinance amending
Chapter 26 concerning major activity notice requirements.
It was moved by Commissioner MATTHEWS and seconded by Commissioner
BRINKMAN to continue indefinitely Case No. ZOA-11-05, an ordinance amending
Chapter 26 concerning major activity notice requirements. Motion carried 5-0.
Commissioner MATTHEWS informed those present that Louise Turner passed away,
Louise served as the first city clerk for the City of Wheat Ridge and was an active
member of the community.
Planning Commission Minutes -4- February 16, 2012
CITY OF WHEAT RIDGE
NOTICE OF PUBLIC HEARING
BEFORE PLANNING COMMISSION
O ► . - 1 41MTL
The proposed ordinance is available in electronic form on the City's official website,
www.ei.wheatridge.co.us, Legal Notices, Copies are also available in printed forrn in the
Community Development Department.
Published: Wheat Ridge Transcript, February 9, 2012
City of
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COMMUNrry DEVELOPMEN , r
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TO: Planning Con-tinission
FROM: Meredith Reckert, Senior Planner
DATE: January 26, 2012
SUBJECT: Case No, ZOA-1 1-05/Major Activity Notice
There are other Extraterritorial and Cooperative Powers that give one jurisdietion certain powers
overland use activities in a different jurisdiction This category of powers include provisions for
enforcing its major streets plan over land within three miles of its boundaries and protecting a
municipalities' park lands outside of the city limits. An example of this are the Denver owned
open spaces in unincorporated Jefferson County.
WNIEW
Attached is an ordinance prepared by the City Attorney which, if approved, would exclude us
from this requirement.
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CITY • WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
TITLE: AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS TO EXEMPT THE CITY FROM
THE MAJOR ACTIVITY NOTICE REQUIREMENTS
23-225
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado
Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted
planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the
"Code"); and
WHEREAS, C.R.S. § 31-23-225 requires municipalities to send notice of any subdivision or
commercial or industrial activity of five or more acres proposed within the municipality to the state
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
. • -, this day of 2012. 1
SIGNED • the Mayor on this day • 2012.
0111mv
Janelle Shaver, City Clerk
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First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date'.
K
Mav 3. 20
Colorado State Board of
Land Commissioners
1127 Sherman Street, Suite 300
Deriver. CO 80203-2206
Re MaJor Activity otic:c
Dear Ladies and (Jentlernew
This lcttcr is provided in accor(farice with CA.S, 31-23-225 to provide notice to your office that the c1tv
ol'Wheat Ridge has received a request to subdivide property on approximately 2 1 acres of land located
.tt4OOO(,'alielziDi field Street (Case No� WS-1 1-01)� The property at 4105
9 1
Yount field Street which is approximately 36 acres in size was recently annexed to the City and zoned
and 11'
as become part ot'a larger dcvelopirient.
Please be advised that we are not requeslingan atialysis.; this is simply notificatioll to be Consistent with
state statute,
The City Council \vill consider thc subdivision request at as public flearing on flay 9. 2011 at 7:00 p,ni, in
the ("its Council Chambers oftlic Wheat Ridge Nlunicipal Building at 7500 W V'ANcnuc, Wheat
Ridgc CO 80031
['lease contact me at '303-235-2848 il'you haveany questiorm
NIeredith Reckerl, AICP
Senior Plarmer
cc: County Commissioners
Kate Newman
Colorado Land Use Conitirission
State (".1colot"ist
EuCIOSUR.': ViCirlit� Mal)
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, GOVMIIIIY
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designated.
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Counties (30-28-103) and municipalities (31-23-202) are authorized to appoint a
planning commission (except where the county population is less than 15,000, in
which case the board of county commissioners may constitute the planning
commission, • appoint a separate body).
WIMMEMOR
Land use regulation through zoning is available for counties (30-28-111) awd
municipalities (31-23-301).
Counties and municipalities are authorized to use planned unit developments
(PUDs) (24-67-101),
Please note that county and municipal building codes do not apply to school
construction. Schools are instead subject to building standards set forth by the
Division of Oil and Public Safety within the Colorado Department of Labor and
Employment (22-32-124).
In 2001, broad impact fee authority was granted to counties and statutory
municipalities, enabling them to better plan for growth and permitting that, to the
extent practicable, certain costs of growth will be paid for by new development (29-
20-104.5). Home rule municipalities have always had the authority to collect
impact fees by virtue of their constitutional home rule powers.
The Local Government Land Use Control Enabling Act (29-20-101, from HB
74-1034) grants counties and municipalities broad authority to plan for and
regulate the use of land, with no restrictions, conditions, or procedures prescribed
for local governments. According to this statute, each local government within its
respective jurisdiction has the authority to plan for and regulate the use of land by.
d Use Planning in Colorado page 3
The so-called "1041 powers" (the name is derived from HB 74-1041) found in 2
65.1-101 allow local governments to identify, designate, and regulate (through a
permitting process) 21 statutorily defined "areas and activities of state interest
The 21 areas and activities are as follows. I
ZVI! 31*11 • SHEXIMMMEGUR"Mill
use activities in a different jurisdiction
I Ili I I I • Ill I Ili I ir 1 11111 •
31-15-401 through 601 allows a municipality to prohibit or regulate nuisances
such as bawdy, obscene • disorderly houses within three miles of city limits, and
storage of explosives within one mile. 25-7-138(4) allows municipalities to
consent to the location of a new land waste application site or new waste
impoundment within one mile of their boundaries,
31-157-707 (1) (b) allows a municipality to construct waterworks outside its
boundaries and to protect the waterworks and water supply from pollution (up to
five miles above the point from which the water is taken).
X 31-25-216, 217, 301, and 302 allow a municipality to establish, manage, a
protect its park lands, recreation facilities and conservation easements
(including the water in those parks) located beyond city limits. I
31-23-225 requires a municipality to notify the county and State Geologist of a
proposed major activity (covering five • more acres of land), prior to approving
any zoning change, subdivision • building permit application associated with that
activity.
10 30-28-136 requires counties to submit a copy • any preliminary plan for a
subdivision to affected governments, including: school districts, special and
other districts, counties and municipalities located within two miles of the
proposal, and other agencies. The statute also requires the county to allow a
twenty-one day review period before taking action,
JAMMU
each other;
29-20-105 through 107 authorizes and encourages local governments to
cooperate or contract with other units of government for purposes of
___Ca _Use Planning in Colorado page ��
29-1-203 allows local governments to cooperate or contract with one another to
provide any function, service, or facility lawfully authorized to each of the
cooperating or contracting units. The contract may establish a separate legal entity
to do so.
32-7-101 authorizes at least two counties (upon approval of the electors) to form a
regional service authority to perform any of the nearly twenty service functions
(e.g., urban drainage and flood control, land and soil preservation, public surface
transportation,
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City e LAND USE APPLICATION FORM
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Case No, t0A110a Date Received 7/11/2011` Related Cases Case Planner Reckert
Case Description Amend code pertaining to the Major Activity Notice requirements of CRS 31- 23.225 �
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Name ;City of Wheat Ridge
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Phone
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city
State
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Name
Phone
Address
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State
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Phone
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Address
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Location Description ,Citywide
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District
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Pre App Date
Neighborhood Meeting late
App No:
Review Type
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Comments Report
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Record: F(1 T T ] F 3921 j f ►t b j of 3921