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Home My WebLink AboutZOA-12-05• - r COUNCIL • ORDINANCE • Series of i .0 •• THEREFORE NOW ORDAINED COUNCIL OF 'IF WHEAT RIDGE, • •'O Section 2 6-123 of the Code is amended • include f ollowing definitions in appropriate alphabetical order- PA 1330 1 � 1 11 p III III I i 1 1 "0173mv MIR 111111 Table of Use Uses Notes R- i R- iA R.1 B R - C R-2 R-2A R-3 One-family P P P P P P P dwelling 1P Two-family P P P P dwelling 1 1 Three-family dwelling Four family P P dwelling 1 Multifamily P 'P dwelling Bed and breakfast See 26-608 S S S S S S S S Church, parish S S S S S S S S house I Day care home, S S S S S S P P large S Electric S S S S S S S transmission substation P Farmers markets Not permitted as an P P P P P P P accessory use on properties where the PA 1330 1 � 1 11 p III III I i 1 1 "0173mv MIR 111111 Uses JVotes R -1 R -1A R 1 B R -1 C P R=2A R -3 R" -3A primary use is a single - or two- family home. Submittal to community development department required. See § 26 -635 Foster care home P P P P P P P P Governmental and No outside storage P P P P P P P P quasi - governmental buildings, fire stations and public utility buildings Governmental and Outside storage S S S S S S S S quasi- governmental buildings, fire stations and public utility buildings Parking of Shall be allowed only on P P P P P P P P automobiles of lots containing clients, patients or nonresidential or quasi - patrons of public uses, subject to § adjacent 26-501 CA commercial or nonresidential uses Parking of Shall be allowed on lots S S S S S S S S automobiles of adjacent to business only clients, patients or if the business owner also patrons of owns the adjacent lot adjacent commercial uses Parks Includes: Noncommercial P P P P P P P P playgrounds or other public recreation uses Produce stands See § 26 -636. Where P P P p P P P P located on a lot with a 1, J Uses Notes R 1 R -9A RIB R=9C R -2 R -2A R-3 R 3A residential dwelling unit, must meet home occupation regulations per § 26-613 Pub or private Restaurants, lounges and S S S S S S S S golf courses, bars permitted as country clubs or accessory to a public or clubs operated for private golf course the benefit of members only and not for gain Residential group See § 6 -612 S S S S S S S home for children i s Residential group See § 26-612 P P P P P P P P homes, nursing homes, and congregate cage facilities for 8 or fewer elderly persons Residential group See 26 -612 S S S S S S S S homes, nursing homes, or congregate care facility for 9 or more elderly persons C , OR UGT R �` NO "" m 0 1� Notes t and t - Subject t req u i r e ments 2 6-60 8 pll IMI C e met e r i e s M� N JI IIIIMg I N ot • t funeral ho cremat IVII c ' urc IINII� � II par i 1� c are ho ullluUl it l Day care center, large Day care center, small i st t t -• that outside runs which are catteries, veterinary adjacent to residentially zoned or used h ospitals property s closer than 25 feet to •+ or - : lo fine El . VIII I WII M V III �IV� IMMI III II nsmissi UII su bstatio ns �I� n VUIU II III Farmers �I IMI III �III pl mar kets S ubmittal t t •- tt - R R R department required See § 26-6 d, e a I� III IBC' P RO HI B ITE D . raisin • R raisin or as t; of keeping o st ock , bee keeping voultry or small INCLUDED in ' keeping o f animals such as swine an d/or potbellied pig r abbits t t excep shall n ot b .r garbage F o s t e r Il llq I I ho - I R Fish hatcheries G t. t t •. " s • R R q uasi - go vernmental bu t. t pub bu Uses Notes A-1 A -2 PF Governmental and Outside storage S S P quasi - governmental buildings, fire stations and public utility buildings Greenhouses and See § 26 -624 P P landscape nurseries, including bath wholesale and retail Sales of related products One- family dwelling P P Parks Includes noncommercial playgrounds P P P or other public recreation uses Produce stands See § 26 -636. Where located on a lot P P P With a residential dwelling unit, must meet home occupation regulations per § 26-613 a colleges, 64heele and voiWa"ee Public or private golf Not including a private club which S S courses country clubs provides Service customarily carried on or clubs operated for as a business the benefit of members only and not for gain Race track, fair S S grounds, amusement resorts, heliports, radio towers and stations Residential group See § 6 -612 P P homes for 8 or fewer elderly persons Residential group or nursin h omes , o r c ongreg ate facilities f or • or ! el derly perso D Residential group I i� h ome s !.. chil 0 M Riding academies and ! ! P ECXL_' M public stables residentially zoned or used property or rear lot line Wind-powered electric is is generators not in excess of 35 feet. Schools for Conducted entirely within an enclosed P 9 industrial or building l P business training, including vocational trade or professional school Q2LjLEQE§ A_N2 UNIVERSITIg§ [A INAKIJ-114- i I. 101A 4LU*d 4 _I:IE o . my UNION= 1 0 - - 0 0 6 14 • Z.T# im all I I I-ALTM I .1ij Pit :1 - - S S S P P .4 16 1 .4 SeStIon,4: SafeIg QlaM. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power • the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this 9 Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. SeC.tIgLn §:,,E&9cfive D&e. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 8th day of October 2012. ON IE City Council Minutes October 8, 2012 Page 2 sm #� I - etw 7,t re areas CY changing some special uses to allowed uses, adding more modem uses to the list of permitted uses. updating development standards and providing for application directly to I-E rather than requiring the Planned Industrial Development process which is lengthy, expensive and difficult, �jtaff Rep Mr, Johnstone added that this action is consistent with the goals for the comprehensi plan to provide more job opportunities. This will affect 4% of the City's land that is currently zoned Industrial and is located primarily along the 1-70 corridor. Some set- lracks requirements were reduced and building facade standards were also upgraded ffiLotii by Mr, Stites to approve Council Bill No. 21-2012, an ordinance amending Chapter 26 concerning the creation of an industrial-employment zone district and that it take effect 15 days after final publication seconded by Mr, Reinhart and Mr. DeMott, carried 8-0. �taff R212ort Ken Johnstone added that the SUP process will stay in place for trade schools, private schools, colleges and universes to address things like traffic, parking, activity level and neighborhood impact, ayor M closed the public hearing, Motion • Mr, Pond to approve Council Bill No. 22-2012, an ordinance amending M Chapter 26 concerning the review process for public schools and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 8-0 1 Council Bill 24-2012 - An Ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of Insurance Requirements for certain Long-Term Right-Of-Way Permits. z3Mz3G= 121 MLtJ2n • Mrs, Lang worthy to approve Council Bill No, 24-2012, an ordinance amending Chapter 21-107 of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long term right-of-way permits on second reading and that it take effect 15 days after final publication; seconded by Mr. Starker, carried 8- 0 RillIKE& 4, Council Bill No. 2§-2012 — An Ordinance amending Section 5-45 of the Wheat Ridge Code of Laws concerning certain Escrow Agreements as Security for Public Improvements, City of .. "1 ... ITEM NO: -jt- DATE: October 8, 2012 October 8, 2012 Page 2 1 t FINANCIAL IMPACT: There is no financial impact associated with this ordinance. The City Attorney did find, however, that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school. The attached ordinance would replace the Special Use Permit requirement for public and charter schools with a site plan review requirement. 14MWIM "I - TMINIM October 8, 2012 Page 3 c Mij s reguiations mt* conformance with state law. RECOMMENDED MOTION: I move to approve Council Bill No. 22-2012, an ordinance amending Chapter 26 publication." a I move to postpone indefinitely the ordinance to amend Chapter 26 concerning the 11 review process for public schools for the following REPORT PREPARED BY; Sarah Showalter, Planner 11 ,jenutet't jo,�,% 9N 5 NEW41 1 Fq I Secti • • of d •_• to delete • : • definitions: • • 1. * • 4• 19 Secti Tables of Uses in S ection 4 of the •!' are amended to read: Table of Uses --- Residential R -3A Uses Notes R- f R -2 W2A R- One- family P P P P P P dwelling Two- family P P P P dwelling Three - family P P P dwelling Four- family P P P dwelling P P Multifamily dwelling Bed and breakfast See § 26 -608 Church, parish S S 5 5 S 5 S S house Day care home, S S S S S S P P large Electric S S S S S S S S transmission substation Farmers' markets Not permitted as an P P P P P P P accessory use on properties where the 19 Secti Tables of Uses in S ection 4 of the •!' are amended to read: Uses Notes R -1 R -1A R -18 R -1 C R -2 R_2A R -3 R -3A primary use is a single- or two- family home. Submittal to community development department required. See 26 -635 Foster care home P P P P P P P P Governmental and No outside storage P P P P p P P P quasi- governmental buildings, fire stations and public utility buildings Governmental and Outside storage S S S S S S S S quasi- governmental buildings, fire stations and public utility buildings Parking of 7 Shall be allowed only on P P P p P p P P P of lots containing clients, patients or no or quasi- patrons of public uses, subject to § adjacent 26-501C.4 commercial or nonresidential uses Paving of Shall be allowed on lots S S S S S S S S automobiles of adjacent to business only clients, patients or if the business owner also patrons of owns the adjacent lot adjacent commercial uses Parks ludes: Noncommercial P P P P P P P P ygrounds or other 4standsSee lic recreation uses Produce § 26 -636. Where P P P P P P P P ated on a lot with a Uses Notes R -9 R -9A R -1B R -IC R -2 R- 2A R_3 R- 3A residential dwelling unit, must meet home occupation regulations per § 26 -613 Public or private Restaurants, lounges and S S S S golf courses, bars permitted as country clubs or accessory to a public or clubs operated for private golf course the benefit of members only and not for gain x Ur, Residential group See § -612 S S S S home for c hildren Residential group See 26 -612 P P P P P homes, nursing homes, and congregate care facilities for 8 or fewer elderly persons Residential group See 26 -612 S S S S S S S homes, nursing homes, or congregate care facilit for 9 or more elderly persons �� , Table of Uses --- Agricultural and Public Facilities A -9 A -2 PF Uses Notes S 5 Bed- and - breakfast Subject to requirements set forth in 26 -608 S S Cemeteries and Not including funeral homes crematories ' S Churches parish houses Day care home, large Day care center, large S E Day care center, small S S Dog kennels, Provided that outside runs which are S S catteries veterinary adjacent to residentially zoned or used hospitals property are no closer than 25 feet to a side or rear lot line S S Electric transmission substations P P P Farmers` markets Submittal to community development department required. See § 26 -635 P P General farming and PROHIBITED in A -1 The raising car raising or keeping of keeping of swine stock, bee keeping, INCLUDED in A -2; The keeping of poultry or small ll swine and/or potbellied pigs, Sus animals such rabbits or chinchillas Scrofa Vittatus, except such animals shall not be fed garbage P P Foster care home P P Fish hatcheries P P P Governmental and No outside storage quasi- governmental buildings, fire stations and public utility buildings Uses Notes A -f A -2 PF Governmental and Outside storage S S P quasi - governmental buildings, fire stations and public utility buildings Greenhouses and See § 26 -624 P P landscape nurseries, including both wholesale and retail sales of related products One- family dwelling p P Parks Includes noncommercial playgrounds P P P or other public recreation uses Produce stands See § 26 -636, Where located on a lot P P P with a residential dwelling unit, must meet home occupation regulations per 26 -613 � Hsu ...rytt.. a1 4 ... Public or private golf Not including a private club which S S courses, country clubs provides service customarily carried on or clubs operated for as a business the benefit of members only and not for gain Race track, fair S S grounds, amusement resorts, heliports, radio towers and stations Residential group See § -612 P P homes for 8 or fewer elderly persons 0 ff 4 Residential group or nursing homes, or congregate care elderly persons 1 ■ � Residential group 7� h,a® for children 1, 9 ® ' ! ¥t«= and Provided that any structure housing animals which is adjacent to a 1.1 ""me INCLUDES: Those uses commonly 011IN (Z14941111t M��19 Section 4: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this 9 Ordinance is necessary for the preservation of health and safety and for the protection #f public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 o this 24th day of September, 2012, ordered published in full in a newspaper of gene circulation in the City of Wheat Ridge, and Public Hearing and consideration on fin passage set for Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers, 75 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote • to —. this day of ' 2012. SIGNED • the Mayor • this _ day of 2012. FEWIMPUFFNIWOR ! - First Publication September 27, 201 Second Publication: Wheat Ridge Transcript Effective Date: I IE * . 1 r „ s 00 ,� � al TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE REVIEW PROCESS FOR PUBLIC SCHOOLS rertlkql&� �1�1 � Case Manager: Sarah Showalter, Planner 11 Date of Preparation: August 30, 2012 SUMMARY: Notice for this public hearing was provided as required by the Code of Laws. ZOA-12-05/ Public Schools Review I The City Attorney did find, however, that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school. The attached ordinance would replace the Special Use Pen requirement for public and charter schools with a Site Plan review requirement, The proposed ordinance reflects the discussion held with Planning Commission at a study session on July 19"'. The attached document shows a draft of the proposed changes to the code, New language in the proposed ordinance is bold, capitalized and highlighted. Deleted language is designated by strike- through and highlighting. The proposed changes are necessary in order to conform to state law. Although the SUP requirement is removed, public schools would still be subject to review through the Site Plan process. The Site Plan process includes administrative review of a site plan and traffic impacts, which are the items most likely to impact the neighborhood adjacent to a school. ZOA-12-05/ Public Schools Review 2 OA- 12 -05/ Public Schools Review 3 i Two- family use on properties where the P P P dwellin family home. Submittal to Three- family P P _ P dwellin department required. See § 26- Four- family 635 P P P dwellin Foster care home P P P P P Multifamily P P Governmental No outside storage P P P P P P dwellin P and quasi- Bed and See § 26 -608 S S S S S S S breakfast stations and Church, parish S S S S S S S S house buildings Day care home, S S S S S S P P la 2e S S S S S and quasi- Electric S S S S S S S S transmission buildings, fire substation stations and Farmers' markets Not permitted as an accessory P P P P P P P P OA -12 -051 Public Schools Review 5 Section 3: The Tables of Uses in Section 26 -2014 of the Code are amended to read: Section 26 -204. Zane district use schedule use on properties where the primary use is a single- or two- family home. Submittal to community development department required. See § 26- 635 Foster care home P P P P P P P P Governmental No outside storage P P P P P P P P and quasi- governmental buildings, fire stations and public utility buildings Governmental Outside storage S S S S S S S S and quasi- governmental buildings, fire stations and p ublic util OA -12 -051 Public Schools Review 5 Section 3: The Tables of Uses in Section 26 -2014 of the Code are amended to read: Section 26 -204. Zane district use schedule Uses Notes R -1 R -1A R-18 R -1C R -2 R_2A R- R -3A buildin s Parking of Shall be allowed only on lots P P P P P P P P automobiles of containing nonresidential or clients, patients quasi- public uses, subject to § or patrons of 26-501 CA adjacent commercial or nonresidential uses Parking of Shall be allowed on lots automobiles of adjacent to business only if the clients, patients business owner also owns the or patrons of adjacent lot adjacent commercial uses Parks Includes Noncommercial P P P P P P P P playgrounds or other public recreation uses Produce stands See § 26 -636. Where located P P P P P P P P on a lot with a residential dwelling unit, must meet home occupation regulations per § 26 -613 Public or private Restaurants„ lounges and bars S S S S S S S S golf courses„ permitted as accessory to a country clubs or public or private golf course clubs operated for the benefit of members only and not for ain Residential group See § 26 -612 S S S S S S S S home for children -612 P P P P P P P P Residential group See § 26 homes„ nursing homes, and congregate care facilities for 8 or fewer elderly ersons Residential group See § 26 -612 S S S S S S S S homes, nursing homes, or congregate care facility for 9 or more elderly ersons fi t . u , 6 ZO -1 -05 Public Schools Review q VIII, Ii # a ,' I�IwI : Iti o 3 ,. �l electric Table of Uses --- Agricultural and Public Facilities bject to requirements set forth in § 26- •01 emeteries and N Not including funeral homes cr ema t or i e s Z A- 12 -05/ Public Schools Review N ot her Inclu public recreati no playg 4 � 4 rr IodIIIIc�I IM!1�II.I�IU .. 4 4 • Public or private golf Not including a private club which provides S courses, country clubs or service customarily carried on as a clubs operated for the business benefit of members only and not for ai S S Race track, fair grounds, amusement resorts, heliports, radio towers and stations Residential group homes See 26 -612 P P for 8 or fewer elderly p ersons Residential group or See § 26 -612 S o I DUI P gIU4 Ip homes .• a. •26-612 I for children �) ential r r R academies an 4 P 4 4 public stables animals which is adjacent to a residentially 1 zoned or used property shall be no closer than 25 feet 4 a side or 4 7.,07!1- 1k - 05/ Public Schools Review 8 Table of Uses—Commercial and Industrial Districts -------- 1 � v -- F Notes C M DES: Those uses commonly accepted as necessary thereto when located on the same premises Section 5: Severabili!y; Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. ?_;ESA - 12-05/ Public Schools Review 9 Section 6: Effective Date. This Ordinance shall take effect fifteen 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 ' 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final pass V e set for Monday, . 2012 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 SIGNED by the Mayor on this _ day of 2012. Jerry DiTullio, Mayo r sm LeT47l 571111=16M. 0 �=Ilfoia= First Publicatiom Second Publication: Wheat Ridge Transcript Effective Date: ZOA- 12 -051 Public Schools Review 10 CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMEN11 The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Ill ► 1 111! 111111111111 t ic se 00 s are a perinittect use in any zone district and they are subject to the Site Plan review process. Site Plans are administratively approved. I U -M Commissioner TIMMS asked if the zoning ordinance is currently available online and if distribution of paper copies of code supplements be discontinued. Ms. Showalter responded that it is, and it is updated every six months. Commissioner OHM suggested a short summary and a link to the code amendments on the website. In response to Commissioner BRINKMAN's question about the outcome of group homes discussed in the June meeting; City Council voted it down, The motion for approval did not receive enough votes. Commissioners OHM and BRINKMAN commented on the awkward left turn lane at the new Chase bank at 3 8 th , Commissioner MATTHEWS commented that the light timing on 38 1h Avenue appears not to have been adjusted. Ms. Showalter added that the light timing at Pierce has been corrected. Signal timing will be adjusted elsewhere when school is back in session. Planning Commission Minutes - 7 — July 19, 2012 A 4 City of Wh6atP� jA e �C0(IMXAMILJNITYDEVFL0PMENT � I TO: The Mayor and City Council THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner 11 DATE: July 27, 2012 (for August 6 Study Session) SUBJECT: Code Amendment regarding review for Public Schools The State of Colorado adopted legislation about the siting and construction of public and charter schools, codified in Section 22-32-124 of the Colorado Revised Statutes (CRS). Staff recently learned from the City Attorney that the requirement for an SUP for a public or public charter school is in conflict with this state law. This memo provides a review of proposed changes to the code so that it coincides with the CRS regulations regarding the siting of schools. The City has been requiring SUPS for new or expanded schools in the zone districts listed above for many years. Recently, a publicly-funded charter school in Wheat Ridge (located in residential and agricultural zone districts) requested an expansion. Staff informed them of the typical process to apply for all updated SUP that would address the impacts, particularly related to traffic, of a significantly increased student body. The charter school protested, citing the regulations in CRS 22-32-124, which state that local jurisdictions - cannot limit the authority of board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures." Staff consulted the City Attorney on this topic. After careful review of tile legislation and case law. the City Attorney concluded that Wheat Ridge cannot require a public school or publicly-funded charter school to complete an SUP before granting perniission to locate on a new site or to expand at a current site. The City Attorney did find, however. that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school, Thus staff is recommending that public schools became permitted uses in all zone districts, but that they are required to complete the Site Plan review process (outlined in Section 26-111 of the code), More detail on the proposed changes is included in the section below. The attached document shows a draft of the proposed changes to the code. Action Requested and Next Steps Staff would like to receive any input or questions from City Council at the Study Session oil August 6. Planning Commission already reviewed the changes at a Study Session in July. The next step will be to bring a final ordinance to Planning Commission and City Council this fall. Attachments: 1. Proposed code changes I ATTACHMENT I — PROPOSED CODE CHANGE$ Table of Usos—A"Wential Aft One-faroily Aft Uses Notes R -1 R- R- R -1 C R -2 R- R- R- 1A 1B 2A 3A Multifamily P P dwellin Bed and See § 26 -608 S S S S S S S S breakfast Church, parish S Is S S S S S S house Clay care S_ S S S S S P P home, large Electric S S S S S S S S transmission substation Farmers' Not permitted as an P P P markets accessory use on properties where the primary use is a single- or two- family home. Submittal to community development department required. See § 26 -635 Foster care P P P P P P P P home Governmental No outside storage P P P P P P P P and quasi- governmental buildings, fire stations and public utility buildings Governmental Outside storage S S S S S S S S and quasi - governmental buildings, fire stations and public utility buildings Parking of ;hall be allowed only on P P P P P P P P automobiles of lots containing clients, nonresidential or quasi- patients or public uses, subject to patrons of 6- 501(.4 adjacent commercial or nonresidential uses RON` playgrounds or other pubfic recreation uses stands located on a lot with a residential dwelling unit, must meet home occupation regulations per � private golf bars pennifted as courses, accessory to a public or country clubs private golf course or clubs operated for the benefit of members only and not for RON` Table of Uses—Agricultural and Public Facilities • utt perish group s nursing homes, or congregate care facOy for 9 or more w Wind powered .,„ electric rt Table of Uses—Agricultural and Public Facilities • utt perish use Note �- I A -1 I A-2 I PF I Day care center, s l e Day care cent S S small Dog kennels, Provided that outside runs which S S catteries, veterinary are adjacent to residentially zoned hospitals or used property are no closer than 25 feet to a sid or rear lot li Electric transmission S S substations Farmers` markets Submittal to community P P P development department required. See 26 -635 General farming and PROHIBITED in A -1. The raising or P P raising or keeping of keeping of swine stocks bee kee INCLUDED i n A -2: The keeping of poultry or small sw ine and /or potbellied pigs, Sus anim such as Scrofa Vi ttatus, except such rabbits or chinchill animals shall not be fed arba e Foster care Dome P P Fish hatcheries P P Governmental and No outside storage P P P quasi - governmental buildings, fire stations and public utilit y buildin Governmental and Outside storage S P quasi - governmental buildings, fire stations and public •• i• Y` • i i a private clu provides i' I i carri i � � o s I UPI `j b usiness `� customarily Two u"s commonly acceoW " fttoo when locaW City of W ar h6 ,, j,(Ag , e J��C(OMMUMTY DEVELOPMENT I TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner 11 DATE: July 12, 2012 (for July 19 study session) 11111 1 1 1�11111111 III 1111111111111 IrIIIIIIIIII I �ill III�II This memo is structured as follows: 1. Background 2. Overview of Proposed Code Chang 3. Action Requested and Next Steps I the impacts of the use. The SUP process typically takes about three months and entails the review of a site plan and, for some uses, also requires review of a traffic study. The City Attorney did find, however, that it is acceptable to require review of a site plan and other necessary documents, such as a traffic study, for a new or expanding public school. Thus staff is recommending that public schools become permitted uses in all zone districts, but that they are required to complete the Site Plan review process (outlined in Sectioll 26-111 of the code). More detail on the proposed changes is included in the section below. Action Requested and Next Steps Staff would like to receive any input or questions from Planning Commission at the study session on July 19. The next step will be a study session with City Council in the late summer. II Staff hopes to present a final ordinance for Planning Commission adoption this fall. Attachments: 1. Proposed code changes Uses Notes R -9 R- R- R..1 R -2 R- R -3 R- 9A ?B 2A 3A Multifamily P P dwellin Bed and See § 6 -608 S S S S S S S breakfast is Church, parish S S S S S S S house is Day care S S S S S S P P home, large Electric S S S S S S transmission is substation Farmers' Not permitted as an P P P P P P P P markets accessory use on properties where the primary use is a single- or two- family home. Submittal to community development department required. See § 26 -635 Foster care P P P P P P P P home Governmental No outside storage P P P P P P P P and quasi - governmental buildings, fire stations and public utility buildings Governmental Outside storage S S S S S S S S and quasi - governmental buildings, fire stations and public utility buildin Parking of Shall be allowed only on P P P P P P P P automobiles of lots containing clients, nonresidential or quasi- patients or public uses, subject to § patrons of 26 -501 CA adjacent commercial or nonresidential uses Uses Notes R_ f R- R- R- 9 C R -2 R- R -3 R- 9A 1 B 2A 3A Parking of Shall be allowed on lots S S S S S S S S automobiles of adjacent to business only clients, if the business owner also patients or owns the adjacent lot patrons of adjacent commercial uses Parks Includes: Noncommercial P P P P P P P P playgrounds or other p ublic recreation uses Produce See § 26 -636. Where P P P P P P P P stands located on a lot with a residential dwelling unit, must meet home occupation regulations per 26 -6'13 Public or Restaurants, lounges and S S S S S S S S private golf bars permitted as courses, accessory to a public or country clubs private golf course or clubs operated for the benefit of members only and not for ain W 11 t � 4 1 ' 1 "k' a it l ° Residential See § 26-612 S S S S S S S S group home for children Residential See § 6 -692 P P P P P P P P group homes, nursing homes, and congregate care facilities for 8 or fewer elderly p ersons M ��.�� I II I Subject to requirements set forth in ------ - --- [4 6L-608 �� Cemeteries and Not including funeral homes CAI �� Residential I See § 26-612 C hurches parish group ho mes, I�� ,I Day care home, nursing homes, • congregate care facility for 9 or more elderly dMIAN !I!:, . .. . ....... . SeeJ26-637 Wind powered 11 Not in excess of 35 feet electric generators -- -------- M I II I Subject to requirements set forth in ------ - --- [4 6L-608 �� Cemeteries and Not including funeral homes crematories C hurches parish 'houses — - — ----------- I�� ,I Day care home, Day care center, Day r c small Di! kennels P Y outside runs which catteries, veterinary ad are i residentially zoned h ospitals or ' i property are ni close 25 feet t o a side or r lo line i I IpIaI111 'VIII miss su bstations Farmersm Su t c • R dev department required S ee 2 6 - 6 35 General I III 1 111 � 1111 farm 11 II r r it raisin or 3i ! of ! i o st ock , •.. k INCLUDED in A The keeping o poultry or small swine and/or potbellied pigs, Sus animals such as Scr ofa Vittatus excep r abbits or ! it 'i i. a Fo st er ca h ome r n r Mll r r p1 III Iplll II1 gll��l IpIIN!'l r III 11 UIN quasi - go vernmental building stati i pub lic utility buildin ! G II a nd O utsi de s qu asi - go vernmental bu stati and pub ♦ 911 9 in 2 s III III III I I II III II M ■I MIF' Gr ee n h ouses ! S ee f R • ,lan dscape inclu both wh o l esa l e an retail sales of relat prod ' !. RAiiiii ■ Inclu i ! M r w w playgrounds or other ublic recreation uses P Ilq III s tan d s 111 plllll� III I Ny .r ! i. I Uses I Notes 1 A -1 ! A -2 I PF -] Pudic or private golf Not including a private club which S S courses, country provides service customarily carried clubs or clubs on as a business operated for the benefit of members only and not for gain Race track, fair S S grounds, amusement resorts, heliports, radio towers and stations Residential group See § 26 -612 P P homes for 8 or fewer elderly persons Residential group or See § 2- 612 S nursing homes, or congregate care facilities for 9 or i more elderly Uses ---- � | N } CLUDES: Those uses commonly accepted as necessary thereto whe located on the same premises n NONNI Notes for PC Study Session July 19, 2012 M�� Recently, an existing public school contacted the City regarding a significant expansion of their student body. The approved SUP capped the number of students so staff informed them that an SUP would be needed to expand. The school challenged the SUP, citing the Colorado Revised Statutes o This state law has language that local jurisdictions cannot limit the authority of aboard of education to determine the location of a public school The City Attorney became involved and determined that requiring a special use permit does in fact violate the state law. While the City has the right to review a proposed school or expansion and its impact on the surrounding neighborhood, we need to clearly list public and public charter schools as a permitted use The proposed code changes would create new categories for public and charter schools and list them as permitted use in all zone districts. But it does require completing the site plan review process, which gives staff the opportunity to review the site plan and ask for traffic study or drainage study as needed. FIMF��. (1) A public school is a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax. cnarter scnooi is a pu operates pu a C fit LV U provisions of article 30,5 of this title, As used in this title, unless the context otherwise requires, "charter scho includes any type of charter school created pursuant to the provisions of article 30.5 of this title. I Carmen Beer- Murray Dahl Kuechenmeister & Renaud From: Winona Correa Sent: Tuesday, August 07, 2012 3:53 PM To: Brittany Scantland; Carmen Beery; Christopher Price; M. Patrick Wilson; Malcolm Murray; Charles Kuechenmeister; Thad Renaud Cc: Gerald Dahl Subject: definition of public school 1 1 Tn Nrrll i s a m e n light of the state statute that says that siting and building construction are matters wholly within the school district's control. The question is how to define "public school," for purposes of that statute, in order to distinguish public schools (which can include charter schools operating under a charter from a school district) from private schools, which are not protected by the statute and can thus be subjected to zoning and SUP control. This e-in ail massage is being sent soled yfiv tcw ky the intended recipient(s) and mqy contain confidential in/brmation. Al�y unauthorized review, use, disclosure or distribution is prohibited, ffyoa arc not the intended recipient, please contact the sender by phone or rq-7!v try e-inad, delete the original message and destrQ1Y all eolfies, Thank,you. Sarah Showalter From: Gerald Dahl < G Dahl@mdkrlaw.com > Sent: Thursday, April 26, 2012 12:54 AM To: Sarah Showalter, Lauren Mikulak; Meredith Reckert; Kenneth Johnstone Cc: Carmen Beery; Kathy Field Subject: RE: charter school expansion OWN 1 111 � I MIN IN' 11111 111 From: Sarah Showalter Sent: Wednesday, April 25, 2012 1:44 PM To: Lauren Mikulak; Gerald Dahl; Meredith Reckert; Kenneth Johnstone Cc: Carmen Beery; Kathy Field Subject: RE: charter school expansion Mountain Phoenix. I hey are both charter schools that wouto Typically require 777754 unTer Tur cT • district. Hope Online is a charter school through Douglas County so I'm curious what makes them different than Mtn Phoenix, a charter school through Jefferson County. Thanks, Sarah Showalter, AICP, LEER AP Planner 11 Office Phone 303-235-2849 Fax: 303-235-2857 'atl UN ITY From: Lauren Mikulak Sent: Wednesday, April 25, 2012 1:28 PM To: Gerald Dahl; Meredith Reckert; Kenneth Johnstone Cc: Carmen Beery; Sarah Showalter; Kathy Field Subject: r school expansion Does it matter that the church was the applicant since in both cases the schools—Hope Online and Mountain Phoenix— are public charter schools? Lauren E. Mikulak Planner I Office Phone: 303-235-2845 From: Gerald Dahl Lma ii t-o-*-G-Da-h-l@-M-d-k-rla-w-.C-0-M-1 Sent: Wednesday, April 25, 2012 9:21 AM To: Meredith Reckert; Kenneth Johnstone Cc: Carmen Beery; Lauren Mikulak; Sarah Showalter; Kathy Field Subject: RE: charter school expansion This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally 12rivile ed. If jou are not the intended reci2ient of this e-mail, you are here notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me i. mediately by telephone or e-mail and destroy the original message w=ithout making a. copy. Thank you. From: Meredith Reckert rmailto:mreckert(cbci.wheatridgecou5I Sent: Wednesday, April 25, 2012 8:20 AM To: Gerald Dahl; Kenneth Johnstone Cc: Carmen Beery; Lauren Mikulak; Sarah Showalter; Kathy Field Subject: RE: charter school expansion OMG.....if we extend that to all situations, it means that Wellspring (who was denied by CC Monday night) shouldn't have been required to do an SUP,.....what do we do now? Can they just move forward with building permit? From: Gerald Dahl rmailto:GDahl(&mdkrlaw.coml Sent: Wednesday, April 25, 2012 1:37 AM To: Meredith Reckert Cc: Carmen Beery Subject: FIN: charter school expansion Z=- #11131 10=11601 121TIfigmt - * 114MMOrAr."T MUDD *15cTsye se Tff can Tiscls of the office from Thursday this week through to Monday evening April 30, but in all the rest of next week if you would like to discuss or have me attend the meeting. M I This electronic mail transmission and an accompanying documents contain 9 From: Carmen Beery Sent. Tuesday, April 24, 2012 2:11 • To. Gerald Dahl M W�! M SMEMOEMEM-1 1 111 • purely local concern. But perhaps they have and the statutory language is so clear that it was deemed not worth the fight to get a negative appellate-level decision. Those school districts — I wonder how they can be such effective lobbyists while being so underfunded. This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally piivileged. If you are not the intended recipient of this e- mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attach inents thereto, is strictly prohibited. If you have received this e-mail in error, please notift me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. To: Meredith Reckert Cc: Carmen Beery ------------------- I I i I I I I I I I i !I El 1 111111v !!I 1 11 ligill III in ENINEM M =3 M From: Meredith Reckert fmailto:rnreckgrt(cbciwheatrid , u Sent: Monday, April 23, 2012 4:00 PM To: Gerald Dahl Subject. charter school expansion V� /-Wri A • CrA 04 IFAielt di%f t5e• l • 41OL111115 ^Ca*tFIIJ, d IJI lldte bUIVOI, for [fie fast IS or so years. We approved an administrative SUP for the new user (Mt. Phoenix) last year and they have been very successful and a draw for open enrollment. The existing SUP approval put a limit on the number of students at 250 and they believe that this number will be exceeded for fall enrollment. We were surprised when one • their team members was introduced as the school's "counsel". As it turns out, they 13 Tertigorarf peRMI Ale-KI bLFIICtIT1e5 d�VPWTTT 7 R OTT reltTlrern Tor expansion ttor public • private schools). Their counsel cited the following state statute which they feel exempt$ them: http:ZLwww,michie.comZcoloradolipextdil?f=FifLink&t=document- I I I I I: I I I I I I I V I I 1 0 1110 1 1 ! 111 Meredith Reckert, AlCP Senior Planner 7500 W. 29 th Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 *** THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO Legislative Alert. LEXSEE 2012 Colo. HB 1283 -- See section 41. 22-32-124. Building codes - zoning - planning - fees - rules - definitions occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate, The division shall enforce this sub- subparagraph (B) pursuant to section 24-33.5-1213, C.R.S. i V relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this subsection (2) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections. (b) (I) If the division conducts the necessary plan reviews and causes the necessary inspections to be performed to determine that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the A 4 r&4 n. the division shall cha effective June 1.L. 2008: (2)(a), (2)(b), (2)(c), and (3) amended, p. 1084, § 1, effective August 5.L. 2009: (2)(e), and (3) amended and (2)(g) added, (HB 09-1151), ch. 230, p. 1045, § 1, effective january 1, 20ML. 2011: (2)(a)(1)(A) amended, 240, p. 1043, § 4, ffective June 30. The authority of the director of the division of labor to inspect school buildings for fire prevention purposes or to issue fire code enforcement orders to school districts must be implied because it is not expressly granted by this section. W. Adams County Fire v. Adams County Sch. Dist. 12, 926 P2d 172 (Colo. App. 1996). The authority of the director of the division of labor in § 8-1-107 (2)(d) to "enforce" the provisions of this section is not exclusive but may also be taken by a fire protection district absent the school district's exercise of authority to contract with a qualified fire inspector. W. Adams County Fire v. Adams County Sch. Dist, 12, 926 P.2d 172 (Colo. App. 1996). About LexisNexis Privacy Policy Terms & Conditions ' Contact Us Copyright @ 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Case No. it i� M Date . t Related Cases Case Mariner Case Description code vertainino to Public Schools Name Gray of Wtreat R" ........:... .. . ...:... .. ..... ... .. ..:._. Nme ........ .e ... ,...._....,: Address E City State i Name Name PPxm G ,.. Address ...�..... m,.,_ COY �... .. _ .. -... w...,.., state Name Nme Phone Address ; Cit State Zip Address Street Crt y i" State o Z. . Location Descrrptn : citywide Project Name, arcel NP Of ectrPn rstTECt P Parcel No. � Ott Sergi District Nor.: i _ Aeri�srx Pre -App Date i Nei Meeting Date No Review Type Review Body Review Date Disposition Comrnetts Report Study Session PC J A 9/2bi Case Disposition E,1 Disposkkrn Date Conditions at Approval a Notes , r Status;(jper, . ,.:. . Res # .„ ...- .__.. Stora ,�