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HomeMy WebLinkAboutWCA-06-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER coxEY Council Bill No 10 -2006 Ordinance No 1360 SERIES 2006 TITLE. AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS WHEREAS, pursuant to its home rule authority and C R.S § 31 -15 -601, the City of Wheat Ridge (the "City ") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C R.S § 31 -16 -201, at seq , the City possesses the authority to adopt codes promulgated by other agencies by reference, and WHEREAS, in accordance with the above, the City Council ( "Council') of the City of Wheat Ridge, Colorado ( "City') previously acted to adopt the 2003 International Building Code ( "IBC') and the 2003 International Residential Code ( "IRC') by reference, and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5 -76(b) of the Wheat Ridge Code of Laws ( "Code'), and amendments to the IRC, codified as Code Section 5- 85(b), and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days, and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, pursuant to C R.S Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26 -107 (A)(3), and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days, and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26 -107 (A)(3) to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO - Section 1. Subsection 5 -76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section 105.5. Change to read as follows 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. Section 2. Subsection 5 -85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section R105.5. Change to read as follows R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. Section 3. Subsection 26 -107 (A)(3) of the Code is hereby amended to read in its entirety as follows. (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5 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 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5 11 of the City's Charter INTRODUCED, READ AND ADOPTED on the first reading by a vote of 8 to 0 on this 22nd day of May , 2006, 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 June 12 , 2006, at 700 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 g to n , this 1211{1 of i„, 2006 SIGNED by the Mayor on this 15t11day of 1 , 2006 Jer DiT lio, Matlor _A TTEST ��' �V �0 a �" Pamela An son, City Clerk First Publication M - 7 5, 2006 Second Publication 99 T 9006 Wheat Ridge Transcript: Effective Date July 7 . 2006 CITY COUNCIL MINUTES JUNE 12, 2006 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL NO 10 -2006 —AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS Mayor DiTullio opened the public hearing Council Bill 10 -2006 was introduced on second reading by Mr Gokey, who also read the title Executive Summary was read by City Clerk Pam Anderson, who also assigned Ordinance No 1360 Alan White, Director of Community Development, presented the staff report. Beth McBride, 5801 W 33 rtl Avenue, testified in support of the ordinance City Council asked questions and made comments regarding the ordinance Mayor DiTullio closed the public hearing Motion by Mr Gokey to approve Council Bill 10 -2006 (Ordinance No 1360) on second reading and that it take effect 15 days after final publication with the following amendment: Add to the end of Sections 105 5, R105 5, and 26- 107(A)(3) the following language "The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner. Any denial of an extension may be appealed to the Director of Community Development." Seconded by Mr Womble, carried 8 -0 Item 3. COUNCIL BILL NO 11-2006— AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE Mayor DiTullio opened the public hearing Council Bill 11 -2006 was introduced on second reading by Mr Gokey, who also read the title City Clerk Pam Anderson read the Executive Summary, Statement of the Issues and assigned Ordinance No 1361 of w „ r ITEM NO: � P 'o U m REQUEST FOR CITY COUNCIL ACTION ���ORPD i COUNCIL MEETING DATE: June 12, 2006 TITLE: COUNCIL BILL NO. 10 -2006 AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: May 22, 2006) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi - Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Regulations concerning the length of time a building permit is valid are found in the International Building Code and International Residential Code, both of which are adopted by reference in Chapter 5 of the Code of Laws. There are also regulations in Chapter 26, [26 -107 (3)] which conflict with those of the referenced building codes. The proposed ordinance amends current regulations to make building permits valid for 180 days from the date of issuance. The Building Official would be authorized to issue one or more extensions to the 180 days upon a justifiable cause being demonstrated. The Building Code Advisory Board recommended the change to 180 days with the ability to grant extensions. The Planning Commission reviewed the ordinance with respect to the change to Chapter 26 and recommended approval with an amendment. This ordinance is related the Council's strategic goals of planning for growth and establishing a strong partnership between the City and community by repealing conflicting regulations, creating defined timelines for development, and providing a means to address problem construction projects. COMMISSIONBOARD RECOMMENDATION: The Building Code Advisory Board recommended the change to 180 days with the ability to grant extensions. Planning Commission recommended approval to the section dealing with Chapter 26 with the addition of the following language to end of Section 26 -107 (A)(3): "The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner. Any denial of an extension may be appealed to the director of community development." (Note: If this amendment is included in the ordinance by Council, it should be attached to the end of Section 105.5 and Section R105.5.) Staff does not have a concern with the additional language recommended by Planning Commission. STATEMENT OF THE ISSUES: The building codes provide that a permit is valid so long as work is started within 180 days of issuance and that work is not abandoned for a period of more than 180 days. The Chapter 26 provision reduces the start up time to 60 days and the abandonment period to 120 days. No other guidance is given as to what constitutes abandonment of the work and the expiration of the permit. If a permit doesn't expire if something is done every 179 days under the current code, a permit can literally be valid for years. This results in complaints from neighbors and endless open projects files for staff. Under the current regulations, there is no effective way to deal with projects that aren't brought to completion. The 180 day time frame (6 months) is sufficient time for most construction projects except large commercial projects, new residences, and perhaps some additions and tenant finishes if they are complex. For endless construction projects, the ordinance gives us the ability to not issue any further extensions, take the owner to court, and have the court order the completion within a specified time. ALTERNATIVES CONSIDERED: 1. Extend expiration time to 1 year with no extensions. 2. Retain the current "rolling" 180 day time frame, but repeal the Chapter 26 inconsistency. FINANCIAL IMPACT: There will be no financial impact to the City as a result of adopting this ordinance. "I move to approve Council Bill 10 -2006 on second reading and that it take effect 15 days after final publication, with the following amendment: Add to the end of Sections 105.5, R105.5, and 26- 107(A)(3) the following language: The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner. Any denial of an extension may be appealed to the director of community development." Report Prepared by: Alan White, Community Development Director Attachments: 1. Council Bill No. 10 -2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 10 -2006 Ordinance No. SERIES 2006 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31 -15 -601, the City of Wheat Ridge (the "City ") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31 -16 -201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ( "Council') of the City of Wheat Ridge, Colorado ( "City ") previously acted to adopt the 2003 International Building Code ( "IBC') and the 2003 International Residential Code ( "IRC) by reference; and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5 -76(b) of the Wheat Ridge Code of Laws ( "Code "), and amendments to the IRC, codified as Code Section 5- 85(b); and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days; and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, pursuant to C.R.S. Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26 -107 (A)(3); and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days; and ATTACHMENT 1 WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26 -107 (A)(3) to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 5 -76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section 105.5. Change to read as follows: 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 2. Subsection 5 -85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section R105.5. Change to read as follows: R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 3. Subsection 26 -107 (A)(3) of the Code is hereby amended to read in its entirety as follows: (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days 2 each. The extension shall be requested in writing and justifiable cause demonstrated. Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the City's Charter. INTRODUCED, READ AND ADOPTED on the first reading by a vote of 8 to 0 on this 22nd day of May , 2006, 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 June 12 , 2006, 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 , 2006. SIGNED by the Mayor on this _ day of , 2006. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved as to form: Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: OF WHEgT ITEM NO: v 9 m REQUEST FOR CITY COUNCIL ACTION ��L ORP COUNCIL MEETING DATE: May 22, 2006 TITLE: COUNCIL BILL NO. 10 -2006 AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: May 22, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi - Judicial: ❑ Yes No L � .. Community Development Director EXECUTIVE SUMMARY: City Manager Regulations concerning the length of time a building permit is valid are found in the International Building Code and International Residential Code, both of which are adopted by reference in Chapter 5 of the Code of Laws. There are also regulations in Chapter 26, [26 -107 (3)] which conflict with those of the referenced building codes. The proposed ordinance amends current regulations to make building permits valid for 180 days from the date of issuance. The Building Official would be authorized to issue one or more extensions to the 180 days upon a justifiable cause being demonstrated. The Building Code Advisory Board recommended the change to 180 days with the ability to grant extensions. This ordinance is related the Council's strategic goals of planning for growth and establishing a strong partnership between the City and community by repealing conflicting regulations, creating defined timelines for development, and providing a means to address problem construction projects. COMMISSION /BOARD RECOMMENDATION: The Building Code Advisory Board recommended the change to 180 days with the ability to grant extensions. STATEMENT OF THE ISSUES: The building codes provide that a permit is valid so long as work is started within 180 days of issuance and that work is not abandoned for a period of more than 180 days. The Chapter 26 provision reduces the start up time to 60 days and the abandonment period to 120 days. No other guidance is given as to what constitutes abandonment of the work and the expiration of the permit. If a permit doesn't expire if something is done every 179 days under the current code, a permit can literally be valid for years. This results in complaints from neighbors and endless open projects files for staff. Under the current regulations, there is no effective way to deal with projects that aren't brought to completion. The 180 day time frame (6 months) is sufficient time for most construction projects except large commercial projects, new residences, and perhaps some additions and tenant finishes if they are complex. For endless construction projects, the ordinance gives us the ability to not issue any further extensions, take the owner to court, and have the court order the completion within a specified time. ALTERNATIVES CONSIDERED: 1. Extend expiration time to l year with no extensions. 2. Retain the current "rolling" 180 daytime frame, but repeal the Chapter 26 inconsistency. FINANCIAL IMPACT: There will be no financial impact to the City as a result of adopting this ordinance. "I move to approve Council Bi 10 -2006 on first reading, order it published, public hearing set for Monday, June 12, 2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Bill No. 10 -2006 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 10 -2006 Ordinance No. SERIES 2006 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -207 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31 -15 -601, the City of Wheat Ridge (the "City ") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31 -16 -201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ( "Council') of the City of Wheat Ridge, Colorado ( "City ") previously acted to adopt the 2003 International Building Code ( "IBC ") and the 2003 International Residential Code ( "IRC) by reference; and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5 -76(b) of the Wheat Ridge Code of Laws ( "Code "), and amendments to the IRC, codified as Code Section 5- 85(b); and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days; and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, pursuant to C.R.S. Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26 -107 (A)(3); and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days; and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26 -107 (A)(3) to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 5 -76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section 105.5. Change to read as follows: 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 2. Subsection 5 -85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section R105.5. Change to read as follows: R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 3. Subsection 26 -107 (A)(3) of the Code is hereby amended to read in its entirety as follows: (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determine that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the City's Charter. INTRODUCED, READ AND ADOPTED on the first reading by a vote of _ to _ on this _ day of , 2006, 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 , 2006, 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 , 2006. SIGNED by the Mayor on this day of , 2006. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved as to form: Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcr Effective Date: congestion is a reason for light rail. The status quo of the area is an underutilized light industrial area and light rail could bring improvement. Commissioner STEWART commented that this was a difficult decision due to her concern for property owners in the area. Individual rights versus community needs is a difficult balance to gain. A lot of the plan seems to be based upon speculation. Commissioner SPANIEL commented that if RTD is coming to the area, it is important for the city to have a plan in place. Commissioner WESLEY stated that he would vote in favor of the plan. Approval of the plan would not be a commitment to anything that is not irreversible. The city needs to be in a position to shepherd growth in an economically viable way Alan White stated that the plan is not a regulation but a comprehensive master plan to serve as a guideline for future development. Existing landowners would still have rights under their zoning that could be enhanced by reducing parking requirements, etc. Waiting until an environmental impact statement (EIS) is completed is the wrong approach because the city should drive the plan rather than the EIS. The city won't have the ultimate say on a grade separation at Ward and railroad, but needs to be involved in the process. The area being cut up into parcels as mentioned by Mr. Harmsen would not happen until someone wished to subdivide after light rail is in place. Jeff Winston stated that the grade separation at Ward Road would not occur for some time and would occur because of the existing traffic situation and not necessarily because of future development. He and the city have been working, closely with RTD and they are thinking that the Tabor Street crossing could be moved to the west. Colorado citizens are using light rail more than some parts of the country and more people are inhabiting urban settings. Extending and widening 50` Avenue would provide a much needed cast/west connection. A pedestrian path would be provided for schoolchildren in the area. He stated that it is important to have a plan in place now for the future and commented that, as an example, the recent application for development of the Jolly Rancher property would have compromised many properties and precluded development in the area in a highly productive way. It was moved by Commissioner MCMILLIN and seconded by Commissioner STEWART to adopt Resolution 02 -2006, a resolution recommending adoption of the Northwest Subarea Plan, and forwarding this recommendation along with the Resolution to City Council for consideration with attached whereases that the city needs to be proactive in planning for potential light rail development in this area and this plan has allowed flexibility and made allowances for interim uses until light rail arrives. The motion passed 7 -0 with Commissioner SCEZNEY absent. A. Case No. WCA- 06 -01 An ordinance adopting amendments to the International Building Code, the International Residential Code, and Section 26- 207(A)(3) of the Wheat Ridge Code of Laws concerning expiration of building permits. Planning Commission Page 6 May 18, 2006 This case was presented by Alan White. There are regulations in the city code that conflict with those of the International Residential Code in relation to time limits on building permits. There were no members of the public who indicated a desire to speak to this case. It was moved by Commissioner McMILLIN and seconded by Commissioner SPANIEL to recommend adoption of the ordinance concerning expiration of building permits with addition of the following provision: "Extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner." The motion passed 7 -0 with Commissioner SCEZNEY absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS It was moved by Commissioner PLUMMER and seconded by Commissioner BRINE MAN to cancel the June 1, 2006 meeting due to lack of cases. The motion passed unanimously. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STEWART to adjourn the meeting at 10:05 p.m. The motion passed unanimously. Scott Wesley, Chair 1< o� Ann Lazzeri, Recording's retary Planning Com May 18, 2006 Page 7 City of Wheat Ridge of " "EgT Community Development Department Memorandum C SC ORA TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case No. WCA 06 -01, Ordinance Concerning Building Permit Expiration DATE: May 11, 2006 This Case is: ❑ Quasi - Judicial Cif Legislative The attached ordinance modifies current regulations dealing with building permits. The regulations are found in the International Building Code and International Residential Code, both of which are adopted by reference in Chapter 5 of the Code of Laws. There are also regulations in Chapter 26, which is why this ordinance involves Planning Commission. The provisions of Section 26 -107 (3) conflict with those of the referenced building codes. The building codes provide that a permit is valid so long as work is started within 180 days of issuance and that work is not abandoned for a period of more than 180 days. The Chapter 26 provision reduces the start up time to 60 days and the abandonment period to 120 days. No other guidance is given as to what constitutes abandonment of the work. Is work not abandoned if an inspection is called in every 179 days? If one more stud is nailed in place since the last inspection? If one more outlet is wired since the last inspection? If a permit doesn't expire if something is done every 179 days, a permit can literally be valid for years. This results in complaints from neighbors. Under the current regulations, we have no way to deal with owners or contractors whose projects aren't brought to completion. Under the proposed ordinance, a building permit is valid for 180 days from the date of issuance, period. This is sufficient time for most construction projects except large commercial projects, new residences, and maybe some additions and tenant finishes if they are complex. Most contractors want to finish jobs quickly to move onto the next job. The Building Official is authorized to issue one or more extensions to the 180 days upon a justifiable cause being demonstrated. This will likely be standard practice for most projects. For endless construction projects, the ordinance gives us the ability to not issue any further extensions, take the owner to court, and have the court order the completion within a specified time. This may sound harsh, but it is the only way we have to deal with the worst cases. Staff recommends approval. Suggested Motion: "I move to recommend adoption of the ordinance concerning expiration of building permits." CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. SERIES 2006 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26 -207 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31 -15 -601, the City of Wheat Ridge (the "City ") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31 -16 -201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ( "Council') of the City of Wheat Ridge, Colorado ( "City ") previously acted to adopt the 2003 International Building Code ('IBC') and the 2003 International Residential Code ( "IRC ") by reference; and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5 -76(b) of the Wheat Ridge Code of Laws ( "Code "), and amendments to the IRC, codified as Code Section 5- 85(b); and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days; and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, pursuant to C.R.S. Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26 -107 (A)(3); and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days; and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued; and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26 -107 (A)(3) to provide that permits shall expire'one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension; and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 5 -76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section 105.5. Change to read as follows: 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 2. Subsection 5 -85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows: Section R105.5. Change to read as follows: R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 3. Subsection 26 -107 (A)(3) of the Code is hereby amended to read in its entirety as follows: (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days 74 each. The extension shall be requested in writing and justifiable cause demonstrated. Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determine that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability: Conflictinn 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 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the City's Charter. INTRODUCED, READ AND ADOPTED on the first reading by a vote of to _ on this _ day of , 2006, 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 , 2006, 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 , 2006. SIGNED by the Mayor on this day of , 2006. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved as to form: Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on May 18, 2006, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following cases shall be heard: Case No. WPA- 06 -02 A resolution adopting the Northwest Subarea Plan. Case No. WCA- 06 -01 An ordinance adopting amendments to the International Building Code, the International Residential Code, and Section 26 -207 (A)(3) of the Wheat Ridge Code of Laws concerning expiration of building permits. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: May 11, 2006 Case No.: OCA0601 Quarter Section Map No.: r App: Last Name: JCitywide Related Cases: I App: First Name: �� Case History: inance adopting endments to the IBC, Owner: Last Name: FIRC & Sect ion 26- 207(A)(3) Owner: First Name: � ncerning expiration of App Address: Review Body: PC:5 /18/06 City, State Zip: App: Phone: - APN: Owner Address: 2nd Review Body: '.CC: 5/22106 (1st) City /State /Zip: 2nd Review Date: Owner Phone: �— Decision - making Body: rGC: 6112/06 (2nd) Project Address: �— Approval /Denial Date: I Street Name: City /State, Zip: �— Reso /Ordinance No.: Case Disposition: Conditions of Approval: Project Planner: Ohite District: — File Location: JActive Date Received: 512 12006 Notes: � Pre -App Date: Follow -Up: ��