HomeMy WebLinkAboutZOA-96-1__
• JAN-29-1996 12:49 Gors4ch Kirgis L.L:C. 303 296 0215 P.002/013
N$MORANDOM _ -
T0: GERALD fi. DAHL
FROSd: ROHERT,C. WIDNER
DATE: JAN[TARY 25, 1996
RE: WHEAT RIDGE/ LARG13-SCALE REZONING ISSIIES
You requested my opinions regarding the following issues
related to Wheat Ridge's pzoposed comprehensive rezoning of
property:
1, whethez case law indicates that the following xezonings of
property would-be legislative or quasi-judicial:
A. A simultaneous rezoning of hundreds of properties;
B. A simultaneous rezoning of thirty to forty
properties;
C. A simultaneous rezoning of 3-4 properties.
2. Whether the downzoning of property would constitute a taking
of property:
A. Under Area@nt Colorado law?
8. Under the presently pending SB 96-69?
3. an a comprehensive and large-scale rezorii.ng of property,
whether a map or diagram can be used instead of a legal
description?
a. Can the City of Wheat Ridge utilize a map instead of a legal -
description for a large-scale rezoning of property?
5. What proceduzes would be applicable for a large-scale rezoning
of property if initiated by: (A) the City of-wheat Ridge;. or
(8} landowners?
This memorandum summarizes my opinions and the relevant legal
authority.
1
ACi9\57027\1fl9040.1 - _
JRtd-29-1996 12~.A9 Gorsuch-Kir~is L.L.C. 303 298 0215 P.003/013
RESEARCH AND OPINION
1. Whether Colorado Case Law Indicates That the Simultaneous
Rezoning of: (A) Hundreds of Properties; (B) 30-40 Properties;
sad (C) 3-4 Properties Would Be'~i gialative or Quasirjudicial.
There "is no litmus like test for identifying quasi-judicial
action." Jamey v. Board of County Comm'rs,_8~i8 P.2d-892, 898
(Colo. 1993) citing Cherry Hills Resort Dev. Co. v. village of
Cherry Hills, 757 P.2d 522 {Colo. 1988). 'The "central focus"
should be on "the nature of the governmental decision and the
process by which that decision is reached." Jafav, 848 P.2d at
898. The factual situation presented in Colorado case law
highlights the following general factors as relevant in determining
the character'of a governmental rezoning action:
- Quasi-iudiaial Actioa:
• The rezoning "pertai:n(s] only to the use of the
particular site in question, and was not a decision
affecting future land use on a city-wide basis." Jafav,
848 P.2d 898; Cherry Hi11&, 757 P.2d at 626..
• The rezoning decision "affects the protected interests of
specific individuals," C er Hills, 757 P.2d at 626.
• The action is restricted to persons or groups that are
specially affected and "identifiable.^ Cherry Hills
• Applicable Law requires notice, public hearing, and an
on-the-record determination, Snyder v. City of Lakewood,
189 Colo. 421, 542 P.2d 371 (1975).
- r;;~dainXatave Action:
• The rezoning "establishes a=county-wide policy regarding
f':uture-urban growth." Jafav
• The rezoning affects a urge- number of_property owners
(4,000) and a 'large amount of land {25,000 acres).
Jafav; "several hundred lots and owners:" Landmark Land
~ v City & County of DeAVer, -)2& P.2d 1281 (Colo.
1986}.
• The ,action is Kprospective in nature:" Cherry Hills
• The action is of '~genaral applications and requires a
balancing of questions of judgment and di:~cretion."
& County of Denver v Bcaert, 547 P.2d 216 (Colo. 1982).
acw~saoz~\uaoeo.i
2
' JAN-29-1996 12 50 Gorsuch Kirgis L.L.C. 303 298 0215 P.004/013
.Based on the case law, a simultaneous rezoning of hundreds of
.properties would likely be a legiislative action. S@e Ja£av;
Landmark Land. This conclusion would find greater support_if-the
rezoning was for the purpose of achieving objerti.ves stated in a-
comprehensive plan or other legislative policy document. See Ja_ fav
~~- Notably, section 26-6{C) of the Code of Laws requires that'any
rezoning must be consistent with the Wheat Ridge Camprehensive Plan
or must be based on changed or changing conditions which justify
~~ the rezoning.
A simultaneous rezoning of 30-40 properties could be
characterized as legislative action provided that the rezoning is
for the purpose of achieving a general, prospective legislative
goal... The particular locations and ownerships of individual
properties should not be at issue and care should be taken to-avoid
detailed Evaluations of the specific uses of particular properties.
See Landmark ,r~,and trezoning was for the purpose of protecting
mountain views from large areas of land and was not necessarily
related to evaluation of particular uses of- individual parcels}.
An attempt should be made to focus the rezoning action. on the
City`s general policy as opposed to becoming entangled in arguments
over-the particular use of the individual lots witklin the rezoned
tract. If the action "is so narrow, so directly pointed at certair.
individuals, and so intertwined with an area that is usually
judicial in nature,° it could become a quasi-judicial action.
Importantly, it can not be conclusively 'stated that a 30-40 parcel
rezoning would always be a legislative action.
A simultaneous rezoning of '3-4 parcels or lots would most
likely be a quasi-judicial action. The case law illustrates that
size of the rezoning is of importance in the determination of the
character of the action. It would be difficult_to_xrgue that the
policy of the municipality in rezoning ,so few properties was_to
accomplish a general, prospective goal of the community and that it
was not directed to specific rights of the individual property
owners. Although not specifically presented in the case law, the
county and the amicus parties in Jafav asserted chat, in large
scale rezonings, local governments would be overburdened by holding
quasi-judicial hearings for significant numbers of property owners
and- that such a requirement would stifle. large-scale planning
efforts. This argument, S believe,_is part of the reason why the
number of owners and properties involved in a rezoning is an
important factor in whether the action is quasi-judicial or
legislative. Where there are only a few owners or a few parcels,
there is little practical reason why the City can not provide
individualized, quasi-judicial hearings for the easily
identifiable, affected parties.
RC[4\53021\144040.1 ~ 3
--- -- - _ _ -- - 303298 0215 P.005/013
JAN-29-1996 1250 _ Gorsuch Kirgis L.L.C.
2. Whether the Downzoning of Property Would Constitute a•-Taking
of Property: (A) Vnder Present Calorado Law; alYd (8).vnder the
presently Proposed 8H 96-_692
The Colorado courts have repeatedly held that a governmental -
regulation that "deprives a landowner of awl reasonable use of
property constitutes a taking" within the meaning of the Colorado
Constitution. Jaf_av, 848 P.2d at 901 iemphasis original);
Sickle v. Sovles, 797 P.2d 1267 (Colo. 1990). A party must show
that the rezoning ordinance precludes any reasonable uses in order
to succeed at a takings claim. Landmark Land, 728 P.2d at 1287;
Bird v Cit ^~ cniorado Sorinas, 176 Colo. 32, 489 P.2d 32'4
(1971). Importantly, a takings claim usually involves an "ad hoc
factual inquiry" into the situation surrounding the use of the.
property. As a result, it is difficult to-make general conclusory
statements regarding whether a rezoning constitutes an
unconstitutional taking of property.
kq, `1'~. eat Colorado Law_
Under present Colorado law, a "Caking of property would not
likely result merely by the downzoning of property. A property
rezoned from an industrial use to a residential use typically
retains some reasonable use. As a generahg ~~,n a downaoned from
takings claim may arise where the property g
residential for a more intensive use) to an agricultural or open
apace classification. Oftentimes, agricultural and open apace
classifications significantly limit the number and kinds of
available uses and may result in a denial of a.reasonable economic
use in light of the factual circumstances.
g, ~ 96-69 ("Norton Takings Legislation")
Vnder SB 96-69 proposed by Senator Norton and presently
pending in the state legislature, 'eovipeasation' could potentially
be-_a4ied to a property owner whose property value is "impaired" by
governmental regulation. However, it is unclear whether the
language of SH 96-69 is intended to address the exercise of the
police power through the zoning of property. In light of the
ambiguity and the broad language of the Bill, I would assume that
all regulations that impa:.r the value of property are intended, to
be incorporated into the Bill's judicial review and compensation
requirements.
Vnder the assumption that the Bill is intended to address
zoning actions, SB 96-69 would require that compensation be paid
1 S8 96-69 does not attempt to convert any specific
governmental action into a "taking" as that termesscomeensation
federal or state constitutions. The Sill requ' P
in the event of "regulatory impairment" of "property rights."
RLi7\57027\}fl40k0.1
' SRN-29-1996 12 51 Gorsuch Kir9is L.L.Q. ~ 303.298 0215 P.006/013
for the "devaluation" of downzoned property unless the~downzoning
averts "a threat to the public health ar safety." The amount of
L•he compensation is to be determined by an arbitration proceeding
which is confirmed by the district court.
Ia a Comprehensive and Larg®-seals Rezoning o£ Property,
~idels®r a Meg or Diagram fan b6 Vged 2nstead o£ a Narrative
Legal beacziptioa.
It is a general legal proposition that the boundaries of
zoning districts must be established with "rea:aanabl'e certainty"
and that the zoning ordinance and map should be sufficient to
permit an owner to reasonably determine the permitted uses of his
or her property. 2 R. Anderson, American Law of Zoning §§ 9.05 &
9.07; Arno. "Uncertainty and Indefiniteness of DisL•rict Linea" 39
A.L.R.2d 766. Where boundaries are found to be ambiguous or
uncertain, the zoning ordinance 'or the zoniry assigned_ to a
particular parcel of property may be declared void. Id. However,
a zoning boundary should not necessarily be voided for uncertainty
because it is not described with mathematical accuracy. It is
incumbent upon the court to attempt to ascertain the location of
the zoning boundary and the court may employ the use of extrinsic
evidence and review the circumstances and €actors surrounding the
adoption of the zoning ordinance. 2fi Wainwri«ht v. Citv of Wheat
Ridcse, 558 P.2d 1005 (Colo. App. 1976); Jenkins v. Pepperell, 465
N.E.2d 268 (Mass. 1984).
In determining the location of uncertain zoning boundaries, a
general treatise identifies that the municipality bears the burden
of proving the boundary looation. 2 R. Anderson, American Law of
zoning §§ 9.-05 However, courts in Colorado -have repeatedly
recognized that there is a presumption of validity attendant to,a
zoning decision and that the burden is upon the landowner to prove
any claim of invalidity. See Ford Leasing Dev. Co. v. Hoard of
County Commis, 489 P.2d 324 (Colo. 1971} ; see also- Jenkins v.
Pepperell, 465 N.E.2d 268 (Mass. 1984)'.
The courts will strictly construe zoning maps and all doubts
as to the location of a boundary line-are to-be resolved in favor
of 'the landowner. 2 R.- Anderson, American Law o:[ Toning § 9,,45;
5~1~,Ctmen of Sudbur3r V Garden C~tv Gravel Corp 14 N.E.2d 112
(Mass. 1938); Capital Homes. Inc. v. Dandrow, 8 A_2d 325 (N.J.
1939). In several cases, courts have addressed claims of ambiguity
or indefiniteness associated with zoning maps but nevertheless
denied the claim or upheld the zoning because the court could
reasonably ascertain from the circumstances where the particular
boundary should. be located. See .Paragould v. Cooper, 495 S.W.2d
243 (Ark. 1987); Jenkins v. Pepperell, 465 N.E.2d 268 (Mass.
1984); c.f. Mauer v. Austin_Sauare. Inc., 215 N.E.2d 724 iOhio App.
1966) .
RCN\51027\1fla0a0.1
JAN-?9-1996 12 51 _Gorsuch Kirgis L.L.C.
303 298 0215 P.007/013
There is no specific Colorado statutory~or case law2 authority
mandating that a municipality use legal descriptions in the zoning
or rezoning -of property. Where a large-scale and comprehensive
rezoning of property is undertaken, there is a reasonable argument
that individual surveys would- be cost-prohibitive and there is
sufficient justification for the use of a general zoning map.
Recognizing that there is a risk that a successful. challenge-could
result in the invalidation o£ zoning for a particular parcel of
property, a detailed map could be used to evidence Uhe legislative
rezoning intent of the 'municipality. I would recommend
consideration of the following-protections to assist in defending
against a challenge of the zoning map:
r As part of the comprehensive rezoning -process, the City
should make a finding that the use of a map is necessary and
desirable because of the high cost and labor-intensive process
associated with the preparation of individual legal
descriptions far the rezoned properties;
- The scale of the official zoning map should be sufficient to
easily determine the intended location of most zoning
boundaries;
- Where possible, the City should use references to recorded
subdivision plate to describe large zoned areas;
- Where possible, the City should use established recognizable
landmarks (such as water bodies and streets) to identify
boundaries of zone districts;
s The City should retain a complete copy of the legislative
record Of the rezoning action to provide evidence of the
legislative intent behind the location of boundaries. Where
a zone boundary is complicated or controversial, the record
z It appears that ~aadm k Land Co v City & County of
nve 728 P.2d_1281 (Colo. 1986], indirectly involved a
rezoning to prohibit heights of buildings on more than 100
properties through the use of a map or diagram and not a .
narrative legal description. In a footnote, the court set forth
the text of Denver's rezoning ordinance waicroved and1ad pted"
"the attached map shall be and is hereby PP
and that "no part of a structure within the area on the attached
map shall exceed [a specific height limit]." However, the use
of the map instead of a narrative legal description was not
raised as an issue.
a I would advise, however,
with later individual rezonings of
legal descriptions.
6
that all ordinances associated
a quasi-judicial nature include
RCa\5302\1aaU4o.1
__ ___
' JAN=29-1996 12 52 GorsuoF Kirgfs L.L.C. ~~ 303 298 0215- -.P.008/013
should contain highly detailed drawings of the property at
issue and the intended location of the boundary line;
As part of the adoption of the maps enact interpretive rules
that would be applied to any disagreements regarding
boundaries on the map; for example, a rule that the line
locations are intended ta-coincide with recorded lot lines,
ownership interests, or recognized established landmarks where
any ambiguity or uncertainty exists;
Create a expedient administrative process to handle
disagreements regarding boundaries of zone district lines.
For example, the planning director should provide a written
opinion upon request regarding the location of- zoning
boundaries. ee Humana v. Board of Adjustment, 537 P.2d 741
(Colo. 1975) (testimony of, the .zoning administrator ie
"significant" in construing ambiguous language of a zoning
ordinance). The administrative determination-would employ the
adopted interpretive rules and use extrinsic evidence--and
factors surrounding the adoption of .the zoning map such as the
legislative record, if: necessary; and
The municipal%ty. should be prepared to institute a quasi-
judicial rezoning of property if it appears that the zoning of
a particular parcel of property will- be successfully
Challenged based on any ambiguity or uncertainty of the map.
4. Can the City of Wheat Ridge_TTtilize a bta~ Instead of a Legal
Description for a Lazga-scale Rezoning of Property?
The Wheat Ridge Charter identifies that changes in zoning must
be accompanied by the publication o£ a "notice of the time apd
place of the hearing, and the address and legal description of the
property .." Charter ;3 5.10. The question is raised regarding
the appropriate meaning of "legal description" in the Charter.
There is no reported case law directly addressing the
definition of "legal description." Black's Law Diction~ary defines
"legal description" to mean:
A description of real property. by government survey,
metes and bounds, or lot number of a recorded plat
including a description of any portion thereof subject to
an easement or reservation, if any, Such must be
complete enough that the particular parcel of .land can be
located and identified.
Black's Law Dictionary, p. 804
definition does. not recognize
narrative or written.
(5th ed. 19??). This general
that the description must be
acw~s7 ~z7~144040.1
_ _ ___
' JRN-29-1996 12 53 - Gorsuch Kirgis L.L.C. 303 298 0215 P.009i013
A review of -the case law indicates that the purpose of the
particular legislation in which the phrase "proper legal
description" or "property description" is used is relevant. The
. phrase "proper legal deacription" contained in a state- statute
pertaining to the publication of county tax assessment rolls was
held to mean "a description which would at least specify in what
quarter-section of the section the property may be found in order
[for a taxpayer) to compare his assessment with another taxpayer.^
Peooie exw~-el Renub~~~an-RPportwr ~~ro v r;o~maa, 239 N.E.2d 682
{Ill. App. 1968). This case turned upon the particular purpose of
the description which was L-he comparison of property values within-
areas of the county. Because the precise location of the property
was not necessarily needed.to compare property values, a narrative,
metes and bounds description was not required by the court.
Similarly, C.R.S. g 38-51-102(17) defines "property
description" for purposes of the minimum standards for land surveys
and plats. A "propexty' description" is a "written, narrative
description, of a parcel, of real property or an easement for the
purpose of perpetuating location of title." (emphasis added). The
purpose of this statute is the cxeation of definitive land surveys
intended to provide a basis for reliance in the purchase and
development of real property. For this purpose, a more precise
narrative description is necessary and intended by the statute.
Tn-the Wheat Ridge Charter, the phrase "legal description" is'
used in identifying the requirements for publication of 1lotice o£.
the change in zoning. It is widely held that the content of a
notice for-,purposes of changing zoning and granting variances must
contain information "reasonably necessary to provide adequate
warning to all persons whose rights might be affected by the
proposed action.° Hallmark Builders v GVnni~nn, 650 P.2d 856
(Colo. 19823; Fedder v McCurdy, 768 P.2d 711 (Colo- App, 1988}.
"At a minimum, the notice must give the time, data, and place of
the hearing, and apprise the public of the nature of the subject
matter of the proposed zoning change." Sundance Hills Hoc~eownexs'
Association v Boa d of County Commis, 534 P.2d 1212 (Colo. 1975);
Grant v, Board of County Co 'rs, 432 P.2d 762 {Colo. 1967).
Because the purpose of the reference to "legal description" in_
the Wheat Ridge Charter pertains to providing adequate notice
regarding the proposed zoning change, an argument could be made
that-the ghrase ^legal deacription° should be defined to include a
map provided that the map is sufficiently detailed to identify
property and; to apprise landowners of the subject matter (the
prorty) whickt is under consideration and the proposed coning
change. obviously, a potential claim could he raised that a °1ega1
description" requires a narrative, surueyed description.
aCfO\53027\144940.1
_. _ __.
SRN-29-1996 12:53 Gars~ch Kirgis L.L.C. 303 298 0215 P. 010/013
5. What Proasduree:Would Se Applicable-for a Lange-scale Rezoning
of Property If Iaitiatad Hy: {A) the City of Wheat Ridge; or
{H} Landowners?
A. r~7hat nroceaa~,would anuly to a City init ~zted rezoainq?
The .initial question in determining the process for a City-
initiated rezoning would be Whether the City of Wheat Ridge
possesses the poiaar .to- initiate a change ih the zaning map. A hroe
rule municipality generally possesses the power to zone property as
part of its police powers and such power may be limited by the
terms of its charter-and ordinances.- Zavala v. City & County o£
e v 759 P.2d 664 (Colo. 1988}; $ez-vice Oil Co. v. Rhodos, 500
P.2d 807 {1971}.
The Charter for the City of Wheat Ridge provides that its home
rule powers shall be exercised as provided by its Charter and, if
not provided by its Charter, shall be exercised as provided by its
ordinances.- Charter § 1.3. The Charter further identifies that. --
the City Council has the power to rezone property and change the
zoning districts for property:
The City Council shall have the power to amend,
supplement, change, or repeal the regulations,
restrictions, and boundaries of zoning districts with the
city. Such changes ellall be adopted by ordinance after
a public hearing at which parties in interest and
citizens shall have an opportunity to be heard. At
least fifteen {15} days' notice of the time and place of
the hearing, and the address and-legal description of the
property, shall be published ..
Wheat Ridge Charter § 5.10.
The provisions of the Charter are implemented in Chapter 26 of
the Code of Laura _ ~csrery„~nately, the Wheat Ridge Coda of Laws
co be_readrto limit the City's ability to initiate-a rezoning o£
property that ie not owned by the City. The Code of Laws details
the process for a change in the zoning map and Section 26-3
provides that:
No change of any nature shall be made in the official "'
zoning map or any matter shown thereon except in ,
Chapter 26 of the Code of Laws neither provides a process nor
expressly states that the City may change the zoning map through a
City-initiated rezoning of property. Instead, section 26-
6(C}(2)(b) Section 26-6(C)(2}{b) of the Cade of Laws provides:
RCM\S}027\ShN040.1
_ _.
JRN-29-1996 12154 Gorsuch Kirgis L.L.C. - 303 298 0215 P.011/013
(b) Rezoning applications may be originated on,iy by the
fee owner of the property or by hir attorney or
legally deaigna.ted -agent by power-of-attorney.
(emphasis added)
•the Code of Laws is to be interpreted to reserve the_City's
the p_oazex- to initiate a zoning map change, sect.iort 26-6 (Cy (21 fbl
should be interpreted as affirmatively authorizing a limited class
of persons (landowners) to petition for a change in the zoning map
for their property.' In addition, the Code must be interpreted as
not limiting the express zoning authority .recognized by the
Charter. -
A ~imple_amendment of section 26-6(C)(21 (b} can clarify that
the City' has retained and possesses the power to change the
official zoning maa on its own initiative. The following amendment
to section 26-6(C)(2)(b) and {c) is suggested:.
(b} Rezoning applications may be originated only by ie
Citv, or the fee owner of the property or by t e
~~ owner'si~#e attorney or'legally designated agent
by power-of-attorney. (emphasis added)
(c) Application for change of zone shall be-submitted on
notarized forms provided by the department of planning
and development and shall be accompanied by:
(1) ce t w ere th the a lic proof of
owners ip of lan {copy o the property deed};
* + e
There are ~-speozfa.c procedures stated in the Code of Laws
£or a City-initiated zoning map change. The procedure for a zoning,
map change applicable to landowner .applications is provided by
section 26-6fC}(2) and would likely be the guiding process far -a
City-initiated change of the zoning map. To utilize a
substantially different procedure that is not identified in the
Code of Laws creates the potential for: (1) a claim that the zoning
map change was not in accordance with the procedures stated--in
Chapter 26 as mandated by section 26-3 of. the Code o£ Lawa; and ,{2)
a claim that the City engaged in arbitrary and capricious action.
The process ,for zoning map changes codified in--section 26-
6(C)(2) generally requires,
1. An application;
2. Proof o£ ownership;
3. Certified boundary and improvement survey;
4. Legal description. of the property;
5. $200 (or $300 four PLTD) application fee;
nos\ssoa~\iaaoao.i 1 0
7RN-29-1996- -1?:54. Gorsuch Kirgis L.L.C.
303 298 0215 P.012/013-
6. Written information from the applicant justifying the
rezoning;
7. Referral to public agencies for review and comment;
8. Notice and public hearing before the Planning Commission;
9. Findings and recommendation of the Planning Commission;
Note: The Code requires that findings are to be
based on general comprehensive plan considerations
and changed conditions in addition to more-specific
considerations regarding the property affected by
the rezoning.
1D. Notice and public hea"ring for the City Council;
lI. City Council hearing and decision;
Note: A formal protest procedure is provided to the
owners of land in the immediate area which could
require a 1:hree-fourths vote for approval of the
rezoning.
12. Recordation of the rezoning nrdinance_
Several of these re~luirements may conflict with. a City's
~phjective in accomplishing a large-scale, coat-effective,
comprehensive, legislative rezoning of property. These conflicting
requirements include:
Certified boundary and improvement suivey.
Legal description` of the property.
Specific and focused findings by the Planning Commission
regarding the specific rights and obligations of the
properly. The findings must include topics of drainage,
impact, on adjacent property, traffic,
infrastructureffacilities,compatibility with surrounding
areas, and the property's ability to be reasonably
developed under the present zoning classification.
These requirements may impose a significant burden on the City or
are inconsistent with the more generalized review process that
should accompany a iegislative process for rezoning of property.
It should be noted that, in the context of the application
for rezoning, the evident purpose of requiring a "legal
description" is not only to provide notice of-the action to be
taken but also includes the purpose of using the legal description
to identify ownership of L-he property and also for use in the
rezoning ordinance which is a. recorded instrument affecting
property. These. different purposes for the "legal descriptionrt may
necessitate a somewhat more restrictive interpretation of the
phrase "legal description" than that presented in part 4 of this --
Memorandum. As a result, requiring a "legal description" as part
of the application for rezoning could be interpreted as requiring
a narrative description and not a map.
RCW\53U27\16106U.1 11 - - - - - -- - - --
JRN-29-1996 -12 55 "- ----Gorsuch Kiryis L.L.C. 303 298 0215 P.013/013
If the City were contemplating the comprehensive rezoning of
property which was intended to be leaislative in nature similar to
the rezoninga in_;7_ a:T_ a€av and Landmark Land, I would recommend the
following steps be taken prior to-the comprehensive rezoning action
to attempt to protect against later claims:
1. Amend Chapter 2o-6(C}f2} to confirm the eity~s power to
initiate a rezoning of property;
2. Amend Chapter 26 to provide some procedures for a City-
initiated, legislative, comprehensive, large scale (e.g.
greater than 30 parcels or 30 owners) amendment of the
official zoning map. This procedure-could include:
A, Eliminate or simplify the rezoning application
requirements, perhaps stating Chat City-initiated
rezonings require a map of the proposed rezoning
area instead of a "legal description" and an
improvements survey;
B. Identify generalized review standards based on the
comprehensive plan or other stated legislative
policy, with notice and hearing criteria designed
to meet. the type of inquiry associated with a
legislative process.
B. - What flroceae would, apply to a Owner-initiated rezoninv~
The procedures for an owner-initiated. rezoning are provided in
section 26-6(C}(2). Because only landowners may apply for a change
in the zoning map, it would he somewhat difficult L'a stage a
comprehensive rezoning of property by individual landowner
applications. Where a landowner applies for. a rezoning 'of
property, the Code of Laws provide for a quasi-judicial type
notice, hearing, and findir_gs. See Code of Lawa 26-6(C).
&CF'\530RT\1610A0.] _ 1 ?
TOTRL P.013
MEMORANDUM __ _ _ °F w"Eqr
Pa
~To: Planning Commission ~ _
0 From: Glen Gidley, Director of Planning & Development
Re: Mass Rezoning Procedures °OioRno°
Date: February 29, 1996
The attached proposed amendment to the Zoning Code provides specific authority and
procedures for Mass Rezoning. As you are aware, City Council has directed staff to begin
procedures for alarge-area, multiple-property mass rezoning in the northeast area of Council
District I. The City Attorney has advised that our Zoning code may be limiting as to specific
authority and procedures because it only focuses on specific property rezoning applications
of aquasi-judicial nature (Sec. 26-6).
am asking for you to review the attached proposed language in a study/discussion forum
so that an informal discussion can occur prior to the formal public hearing, which is
scheduled for March 21st.
GEGaIw
26-3. Establishment of district and provisions for official zoning map
(G) Procedures for Mass Rezoning:
The City of Wheat Ridge shall have the authority to initiate mass rezoning of the entire City
or portions of the City, in accordance with the provisions set forth herein. Such actions are
hereby declared to be legislative in natm•e and are not subject to the provisions set forth in
Section 26-6.
(1) Applicability: These mass rezoning procedures apply to city-wide and large-
area, multiple-property rezoning initiated by the Wheat Ridge City Council.
Large-area, multiple property mass rezoning must include at least ten (10)
separate ownership parcels, and at least ten (10) acres in total combined area.
(2) Procedure and Notice:
(a) General: City Council shall, at a regular or special meeting, initiate mass
rezoning procedures by adoption of a resolution setting forth the general
area of the proposed mass rezoning, stating the intended purpose and
objectives to be achieved by the mass rezoning, and referring the matter
to the Wheat Ridge Planning Commission for a public hearing and
recommendation.
(b) Planning Commission Hearing Required:
1. Notice Requirements
a. City-wide Mass Rezoning: Where acity-wide or
comprehensive rezoning has been inititiated, notice shall
include publication of a public hearing notice in a
newspaper of general circulation at least fifteen (15) days
prior to the date of the public hearing, which notice shall
include a description of the proposed rezoning and a map
which illustrates the geographic extent of the proposed
rezoning.
b. Large-area, Multiple Property Mass Rezoning: Alarge-
area, multiple property mass rezoning shall, in addition to
the newspaper notice described above, be noticed by
certified mail notice sent to owners of all property
included within the areas to be rezoned, at least fifteen
(15) days prior to the date of public hearing.
2. Planning Commission Review: The Planning Commission shall
hear and consider any evidence or statement presented by city
staff or by any person in attendance at the hearing. The
Planning Commission shall make a recommendation to City
(1)
Council to approve, approve with modifications or deny the
initiated rezoning proposal basing it's recommendation upon the
facts presented in the public hearing in consideration of the
criteria for review as specified in Section 26-6 (C)(3)(b).
(c) City Council Hearing Required: Any mass rezoning may only be
approved by passage of an ordinance following the City's standard
ordinance adoption procedures. Notice shall be the same as for the
Planning Commission hearing as set forth above, however publication of
the ordinance on ] st reading, together with the required map, shall meet
the newspaper publication requirement.
City Council, in addition to consideration of the planning commission
record, shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with due
consideration of the criteria for review as set forth under section 26-
6(C)(3)(b).
Legal protest procedures do not apply to city-wide mass rezonings. In the case of large-area,
multiple property mass rezonings, however, if a protest petition against such mass rezoning is
signed by owners of fifty (50) percent or more of the property included within the mass
rezoning area, excluding any property owned by the City of Wheat Ridge, such mass rezoning
shall not become affective upon the protestant's property(s) except by favorable vote of three-
fourths majority of the entire City Council.
c:1wp601files~rnassrezo.doc.
(2)
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 March 21, 1996
at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public
Hearing or submit written comments. The following petition.
shall be .heard:
1~ Case No. ZOA-96-1: A public hearing will be held to
consider an amendment to the Wheat Ridge Zoning Code,
Section 26-3 .. Establishment of districts and provisions for
official zoning maps, relating to procedures for mass
rezoning.
~"
a ra Wiggins, Se ary
~_
ATTEST:
Wanda Sang, City Clerk
To be Published: March 7, 1996
Jef-ferson Sentinel
c:\wp60\pc\b32196_phn
To: City Council
From: Glen Gidley, Director of Planning & Development
Re• 1st Reading of Proposed Council Bill Regarding City-Initiated
OF WHEAT
P
~ ~
U m
°otoRro°
Rezoning
Date: March 13, 1996
The attached proposal would amend the Zoning Code, Section 26-3, by addition of a new
subsection (G) Procedures for City-Initiated Rezonings. This proposal has been initiated
upon the advise of our City Attorney because our ZoningoNC ede Cuoeit ly the~e are
procedures in Section 26-6, only when initiated by a property
no specific provisions authorizing aCity-initiated rezoning process.
As you know, the City Council has indicated an interest in considering rezoning of a large
area in Council District I. Before, and if, the City decides to pursue any such City-initiated
mass rezoning, specific rules and procedures should be adopted.
Planning Commission held a public hearing on this proposal March 21 and recommended
approval with the following suggested revisions:
"In cases where there is mass rezoning and an existing [principal) use is in place [already
built], the City will limit its options to three:
~. To eliminate the property from the area of mass rezoning; or
2. To give the property a nonconforming status; or
3. If the zoning is changed during the State-mandated 3-year vesting schedule,
reasonable compensation (as determined by aCity-requested Appraisal, by the
property owner and a third party) be paid to the land owner."
If you decide to incorporate any or all of these revisions, I would suggest they be included
in an additional subsection (4) Nonconforming Uses. Additional "wordsmithing" will be
necessary in order to state these provisions in proper ordinance language. This
wordsmithing can be completed prior to packet distribution for the 2nd Reading, should you
desire to include these provisions. A final note, revision No. 2 is unnecessary as our
current nonconforming use provisions already cover this situation.
STAFF RECOMMENDATION: Staff recommends approval on 1st Reading and Public
Hearing be set for May 13, 1996.
GEGsIw
attachment
AGENDA ITEM RECAP
Meeting ',Date ..
QUASI-JUDICIAL _ X
- - -
Yes No
_ PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC COMMENT __ _ RESOLUTIONS
AGENDA ITEM TITLE: ZOA-96-1/Proposed amendment to Wheat Ridge Zoning code,
Section 26-3. Establishment of districts and provisions for official zoning
maps, relating to procedures for mass rezoning.
SIIMMARY/RECOMMENDATION: City Attorney has requested initiation of this proposed
amendment setting forth specific rules and procedures before, and if, the City
decides to pursue any City-initiated mass rezoning.
ATTACHMENTS:
1) Ordinance No. _
2) P C Resolution (draft}
3) GG memo
BUDGETED ~ ~ --
ITEM
Yes No
Fund
Dept/Acct #
Budgeted Amount S
Requested Expend.S
Requires Transfer/
Supp. Appropriation_
Yes No
MOTION:
I move that Council Bill be approved on first reading, ordered published,
public hearing be set for Monday, Moridav. April 22, 1996, at 7:00 p.m. in City
Council Chambers, Municipal Bldg., and if approved on second reading take effect
15 days after final publication.
~~~16
cGtitFiv !/'/~v'Y~D ~'~-
°~' ~.
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: ZOA-96-1 LOCATION: City-wide
APPLICANT(S) NAME: City of Wheat Ridge
A proposed amendment to the Wheat Ridge Zoning Code, Section 26-
'3. Establishment of districts and provisions for official zoning
maps, relating to grocedw:es for mass rezoning.
WHEREAS, the City of Wheat Ridge .Planning Division has submitted
information to be considered with the above request, and said
information is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a_public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE; based upon the facts presented and conclusions
reached, it was moved by Commissioner CERVENY, seconded by
Commissioner JOHNSON, that Case No. ZOA-96-1, a proposed amendment to
the Wheat Ridge Zoning Code, Section 26-3, Establishment of districts
and provisions for official zoning maps, relating to procedures for
mass rezoning be forwarded to City Council with a recommendation for
Approval with the following condition:
In cases where there is mass rezoning and an existing [principal]
use is in place [already built], the City will limit its options
to three:
1. To eliminate the property from the area of mass rezoning; or
2. To give the property a nonconforming status; or
3. If the zoning is changed during the State-mandated 3-year
vesting schedule, seasonable compensation (as determined by
a City requested Appraisal, by the property owner and a
third party? be paid to the land owner.
VOTE: YES: Williams, Owens, Rasplicka, Cerveny, Langdon and
Johnson
N0: None.
I, Sandra Wiggins, Secretary to the_City of wheat Ridge Planning.
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6 - 0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 21st day of March, 1996.
George J. Langdon, C aixperson San ra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION
b:\zoa961.res
.6~ ~ r. ~'' ~°
.+~ rn
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER _-
Council Bill No. ~_
Ordinance No. ~.-...
Series of 1996
TITLE: AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY-
INITIATED REZONING
WHEREAS, the Wheat Ridge Code of Laws does not currently
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further implement theroceduree should lbe
and the desires of the residents, such a p
adopted and made available to the Council.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
amended by the addition of 6a3new subsecte on Gldg o read-of Laws is
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initin accordance
of the entire City or portions of the City,
with this subsection G. Such actions are hereby declared
to be legislative in nature and are n subseb tion C Sthe
provisions set forth in Section 26-6,
(1) Applicability.
This rezoning procedure applies to city-wide
and large-area, multiple-property rezoning initi-
ated by the Wheat rocedure,l largeuarea, multiple
eligible for this p
property rezoning muarcels,luand at least ten (10)
separate ownership p
acres in total combined area.
(2) Procedure and Notice.
(a) General: The Council may, at a regular
or special meeting, initiate this rezoning proce-
dure by adoption of a resolution setting forth the
general area of the proposed rezoning, stating the
intended purpose and objectives to be achieved by
the rezoning, and referring the maublicthearinghand
Ridge Planning Commission for a p
recommendation.
GED\53027\148902.1
(b) Planningr Commission Action:
1. Notice Requirements
a. City-Wide Rezoning: Where a
city-wide. or comprehensive rezoning has
been initiated by the Council, notice
shall include publication of a public
hearing notice in a newspaper of general
circulation at least fifteen (15} days
prior to the date of the public hearing,
which notice shall include a description
of the proposed rezoning and a map which
illustrates the geographic extent of the
proposed rezoning.
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice .required by subsection
(a) of this paragraph, be noticed by
certified mail notice sent to all owners
of record of real property included
within the area to be rezoned .at least
fifteen (15) days prior to the date of
public hearing.
2. Planning Commission Review: The
Planning Commission shall hear and consider
any evidence or statement presented by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration of the
criteria for review specified in Section 26-
6 (C) (3) (b) .
(c) Citv Council Public Action. Upon receipt
of the Planning Commission's- recommendation, the
City Council shall hold a public hearing on the
proposal. The hearing conducted on second reading
of the proposed rezoning ordinance shall satisfy
this requirement. Notice of the hearing shall be
the same as for the Planning Commission hearing,
however publication of the ordinance on first
reading, together with the required map, shall meet
the newspaper publication requirement.
The City Council, in addition to consideration
of the Planning Commission record, shall hear
GED\53027\148902.1 - 2 - -
additional evidence and testimony presented
and either approve, approve with modifica-
tions, or reject the ordinance. -The City
Council shall base its decision upon all
evidence presented, with due consideration of
the criteria for review as set forth under
section 26-6(C)(3)(b).
(3) Protest.
The -legal protest procedures set forth at
Section 26-6.C.5 of this Code of Laws shall not
apply to city-wide rezonings. Iri the case of
large-area, multiple property rezonings, however,
if a protest petition against such rezoning is
signed by owners of fifty (50) percent or more of
the property included within the proposed rezoning
area, excluding any property owned by the City of
Wheat Ridge, such rezoning shall not become affec-
tive upon the protestant's property(s) except by
favorable vote of three-fourths of the entire City
Council.
Section 2. 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 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.
Section 3. Severabilitv. If any clause, sentence, paragraph,
or part of this Ordinance or Application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Effective Date." This Ordinance shall take effect
fifteen days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of 1996, ordered pub-
lished in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for ,,,1996, at 7:00 o'clock 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 to this day of ,
1996. -
GED\53027\146902.1 - 3 -
SIGNED by the Mayor on this day of 1996.
ATTEST:
WANDA SANG, CITY CLERK
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
-4-
ceD\s3oz~\laesoz.:.
l S
GORSUCH KIRGIS L.L.C.
ATTORNEYS AT LAW
SUITE ]lOO
]GOI SEVENTEENTH STREET
DENVER, COLORADO HOZOZ
TELEPxONE (303) 299-8900
Pax (303)298-0215
MAILING ADDRESS
P.O. Box 17180
DENVER, COLORADO SO217-OI8O
March 19, 1996
GERALD E. DAHL
DIRECT DIAL: 303-299-8930
Mr. Glen Gidley, Director
Planning & Development Dept.
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215
Re: Mass Rezoning
Dear Glen:
I've made some changes to this proposal and placed it in
ordinance format. I know you will want to discuss it before taking
n
it to Council. Note I have used the term "City-initiated rezoning
rather than "mass. rezoning."
Yours truly,
GORSUCH KIRGIS L.L.C.
Gerald E. Dahl
GED/pv
Encs.
GED\53027\125632.1
CIT`~ OF iNHEAT RIDC
D _-2nn nr~
~9AR ~ ~ 1998
~~
PL,6,P:U1'?:, ~ AEVELOPMFN.T
CITY OF WHEAT RIDGE,
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No.
COLORADO
Series of 1996
TITLE: AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY-
INITIATED REZONING
WHEREAS; the Wheat Ridge Code of Laws does not currently
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further implement the Comprehensive Plan
and the desires of he residents,-such a procedure should be
adopted and made available to the Council.
BE IT ORDAINED BY THE CITY COUNCIL QF THE CITY OF WHEAT RIDGE,
--
COLORADO, AS FOLLOWS:
Section 1.- Section 26-3 of .the Wheat Ridge Code of Laws is
amended by .the addition of-.a new subsection G, to read:
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initiate rezoning
of the entire City or portions of the City, in accordance
with this subsection G. Such actions are hereby declared
to be legislative in nature and are_not sub'.ject to the
provisions set forth in Sections_26-6,-subsection C.S.
(1) Applicability.
This. rezoning procedure applies to city-wide
and large-area, multiple-property rezoning initi-
ated by the Wheat Ridge City Council. To be
eligible for. this procedure,.- large-area, multiple
property rezoning must include. at least ten (10)
separate ownership parcels, -and at least ten (10)
acres in total combined area.
(2) Procedure and Notice..
(a) General: The Council may, at a regular
or special meeting, initiate this rezoning proce-
dure by adoption of a resoluticari setting forth the-
general area of the proposed rezoning, stating the
intended purpose- and objectives to be achieved by
the rezoning, and referring the matter to the-Wheat
Ridge Planning Commission for a public hearing and
recommendation.
GED\53027\1&8902.1
(b) Plannina Commission Action:
Notice Requirements
a. City-Wide Rezoning: Where a
city-wide or comprehensive rezoning has
been .initiated by the .Council, notice
shall include publication of a public
hearing notice in a newspaper of general
circulation at least fifteen (15) days
prior to the date of the public hearing,
which notice shall include a description
of the proposed rezoning and a-map which
illustrates the geographic extent of.the
proposed rezoning.
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning -shall, in addition to the
newspaper notice required by subsection
(a) of this paragraph, be noticed by
certified-mail notice sent to all owners
of record of real _property included
within the area to be rezoned at least
fifteen (15) days prior to the date of
public hearing.
2. Planning Commission Review: The
Planning Commission shall hear and consider
any evidence or statement presented-by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public- hearing in consideration of the-
criteria for review specified in Section 26-
6 (C) (3) (b) . -
(c) City Council=Public Action. Upon receipt
of the Planning Commission's recommendation, the
City Council shall -hbld a public-hearing on the
proposal. The hsar_ing conducted on second. reading
of the proposed-rezoning ordinance shall satisfy
this requirement.. ZTotice of the hearing shall be
the same as for the Planning Commission hearing,
however publication= of- the ordinance on-first
reading, together with the required map, shall meet
the newspaper publication requirement.
The City Council, in addition to consideration
of the Planning Commission= r-cord, shall hear.
GED\53027\148902.1 - - 2 -
additional evidence and testimony presented and
either approve, approve with modifications, or
reject the ordinance. The City Council shall base.
its decision upon all evidence presented, with due
consideration of the criteria .for review as set
forth under section 26-6(C)(3)(b).
(3) Protest.
The legal protest procedures -set forth at
Section 26-6.C.5 of this Code of Laws shall not
apply to city-wide rezonings. In the case of
large-area, multiple property rezonings, however,
if a protest petition against ercentr o ~ more of
signed by owners of fifty (50) p
the property included within the proposed rezoning
area, excluding any property owned by the City of
Wheat Ridge, such rezoning shall not become affec-
tive upon the protestant's property (s) except by
favorable vote of_three-fourths of the entire City
Council.
Section 2. Safetv 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 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.
Section 3.. Severer y• If any clause, sentence, paragraph,
or part of this Ordinance or Applicat-ion thereof to any person or
circumstances shall for any .reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect.
fifteen days after final-publication.
INTRODUCED, READ, AND ADOPTED on. first reading by a vote of
to on this day of 19.96, ordered pub-
lished in full in a-newspaper of gerier_al circulation in the City of
Wheat Ridge and Public Hearing-and, considera~ion_on final passage
set for 1996, at 7rOD o'clock p•m•., in the Council
Chambers, 7500 West'29th P,denue,'Wheat Ridge,-Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on, second and final
reading by a vote of to ,- this _ _ day of _-
1996.
-3- - -
GED\53027\146902.1 _- - _-_ _ _ - _ -
SIGNED by the Mayor on this day of__ _ 1996-.
__ ,
ATTEST:
WANDA SANG, CITY CLERK _-
DAN WTLDE , _ MAYOR_
~~
APPROVED AS TO FORM BY CITY
ATTORNEY
1st Publication:
2nd--Publication:
Wheat Ridge Sentinel _.
Effective Date:.
GSD\53027\148902-.1 - 4 -
PUBLIC HEARING SPEAKERS' LIST
CASE NO: ZOA-96-1
DATE: March 21, 1996
REQUEST: A public hearing will be held to consider an amendment to the Wheat Ridge
Zoning Code, Section 26-3. Establishment of districts and provisions for official
zoning maps, relating to procedures for mass rezoning.
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE N0: ZOA-96-1 LOCATION: City-wide
APPLICANT(5? NAME: City of Wheat Ridge
A proposed amendment to the Wheat Ridge Zoning Code, Section 26-
3. Establishment of districts and provisions Eor o££icial zoning
maps, relating to procedures for mass rezoning.
WHEREAS, the City of Wheat Ridge Planning Division has submitted.
information to be considered with the above request, and said
information is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner CERVENY, seconded b_y
Commissioner JOHNSON, that Case No. ZOA-96-1, a proposed amendment to
the Wheat Ridge Zoning Code, Section 26-3, Establishment of districts
and provisions fox official zoning maps, relating to procedures fox
mass rezoning be forwarded to City Council with a recommendation fox
Approval with the following condition:
In cases where there is mass rezoning and an existing (principal]
use is in place [already built], the City will limit its options
to three:
1. To eliminate the property from the area of mass rezoning; or
2. To give the property a nonconforming status; or
3. If the zoning is cl-ianged during the State-mandated 3-year
vesting schedule, reasonable compensation (as determined by
a City-requested Appraisal, by the property owner and a
third party) be paid to the land owner.
VOTE: YES: Williams, Owens, Rasplicka, Cerve_ny, Langdon and
Johnson
N0: None.
I, Sandia Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the_foxegoing --
Resolution was duly adopted by a 6 - 0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building,. wheat Ridge, Colorado, on the 21st day of March, 1996.
~ ~ ~ ~
_ i - -~K~
orge L don, Cha erson Sandra Wiggins, S etary
WHEAT DGE PLANNING MMISSION WHEAT RIDGE PLP.NN COMMISSION
b:\zoa961_.xes
CITY OF WHEAT RIDGE
1SEMORANDIIM
TO: Mayor and City Council
FROM: Robert C. Middaugh., City Administrator
SIIBJ: AMENDMENT TO WHEAT RIDGE ZONING CODE REGARDING CITY
INITIATED ZONING
DATE: April 11, 1996
In the attached materials, staff has presented an ordinance for
first reading which deals with City initiated rezoning processes.
The City Attorney has identified a potential gap in our existing
ordinances which should be addressed by the City Council prior to
undertaking any future rezoning issues.
The ordinance attached has been prepared by the City Attorney and
appropriately addresses the concerns necessary to be included in a
City initiated rezoning process. The ordinance can stand on its
own merits as presented.
The Council will note that the Planning Commission in their
consideration of this item recommended that three conditions be
added to the ordinance for use or consideration by the Council in
instances where there is an existing use in place in the area to be
rezoned. The conditions or limitations on City action recommended
by the Planning Commission include: 1) eliminating the property
from the area of rezoning; 2) providing the property non-conforming
status; or 3) compensating the owner for reasonable value due to
change in zoning status.
The first condition recommended by the Planning Commission is
superfluous as the ordinance already allows the City Council to
define the area which is to be rezoned, and by extension, the
Council can redefine that area to exclude certain properties for
reasons as determined by the City Council. Providing the automatic
limitation upon the City Co~zncil is not necessary or advisable.
The second condition recommended by the Planning Commission is
superfluous in that a non-conformity would exist automatica~l~l~~tii
the event City Council were to rezone a parcel of propert ~ a
existing use ~-~to be different or inconsistent with a new g
category. c~^~ ri'
The third condition suggested by the Planning Commission is
inappropriate and quite frankly beyond the scope of review by the
Planning Commission. As the Council is well aware, the condition
suggested b ^th Planning Commission relative to compensation is
essentially~a t 'ngs provision which the City Council is on record
as opposi ~~he condition suggested by the Planning Commission
introduces an e irely new concept into the zoning ordinance that
extends a protection to property owners beyond those currently
contained within the Constitution or offered by case law. The
Planning Commission suggestion has no place in an ordinance under
consideration by the City Council and should be pointedly rejected
by the City Council.
In short, each of the Planning Commission's recommendations are
without merit and should not be incorporated by the City Council.
The staff recommendation is that the City Attorney's ordinance as
prepared be considered and that the Planning Commission's
suggestions or limitations be rejected in their entirety.
Respectfully submitted,
Robert C. Middaugh
City Administrator
A4.221
_ PUBLIC HEARINGS __ CITY ADM. MATTERS - ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES CITY_ATTY..MATTERS x ORDINANCES FOR 1ST READING
_ SIDS/MOTIONS _ LIQUOR HEARINGS ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS _
AGENDA ITEM TITLE: ZOA-96-1/Proposed amendment to Wheat Ridge Zoning code,
Section 26-3. Establishment of districts and provisions for official zoning
maps, relating to procedures for mass rezoning.
SUMMARY/RECOMMENDATION: City Attorney has requested initiation of this proposed
amendment setting forth specific rules and procedures before, and if, the City
decides-to pursue any City-initiated mass rezoning.
ATTACHMENTS
1) Ordinance No. _
2) P C Resolueion (draft)
3) GG memo
BUDGETED
ITEM
Yes No
Fund
Dept/Acct #
Budgeted Amount S
Requested Expend.5
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
I move that Council Bi11 be approved on first reading, ordered published,
public hearing be set for Monday, Mondav, Aoril 22, 1996, at 7:00 p.m. in City
Council Chambers, Municipal Bldg., and if approved on second reading take effect
15 days after final publication.
~ WHfgT
MEMORANDUM _ h °_ _ Pa
~ m
To: City Council
From: Glen Gidley, Director of Planning & Development co °
Re: 1st Reading of Proposed Council Bill Regarding City-Initiated Rezoning coRPo
Date: April 11, 1996
The attached proposal would amend the Zoning Code, Section 26-3, by addition of a new
subsection (G) Procedures for City-Initiated Rezonings. This proposal has been initiated
upon the advise of our City Attorney because our Zoning Code provides rezoning
procedures in Section 26-6, only when initiated by a property owner. Currently, there are
no specific provisions authorizing aCity-initiated rezoning process.
As you know, the City Council has indicated an interest in considering rezoning of a large
area in Council District I. Before, and if, the City decides to pursue any such City-initiated
mass rezoning, specific rules and procedures should be adopted.
Planning Commission held a public hearing on this proposal March 21 and recommended
approval with the following suggested revisions:
"In cases where there is mass rezoning and an existing [principal] use is in place [already
built], the City will limit its options to three:
To eliminate the property from the area of mass rezoning; or
2. To give the property a nonconforming status; or
3. If the zoning is changed during the State-mandated 3-year vesting schedule,
reasonable compensation (as determined by aCity-requested Appraisal, by the
property owner and a third party) be paid to the land owner."
Staff does not necessarily agree with these revisions, however, if you decide to incorporate
any or all of these revisions, I would suggest they be included in an additional subsection
(4) Nonconforming Uses. Additiona@ "wordsmithing" will be necessary in order to state
these provisions in proper ordinance language. This wordsmithing can be completed prior
to packet distribution for the 2nd Reading, should you desire to include these provisions.
A final note, revision No. 2 is unnecessary as our current nonconforming use provisions
already cover this situation.
STAFF RECOMMENDATION: Staff recommends approval of the Council Bill as submitted
on 1st Reading and Public Hearing be set for May 13, 1996.
GEGaIw
attachment
i
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: ZOA-96-1 LOCATION: .City-wide
APPLICANT(S) NAME: City of Wheat Ridge
A groposed amendment to the wheat Ridge Zoning Code, Section 26-
3. Establishment of districts and provisions £or o££icial zoning
maps, relating to procedures for mass rezoning.
WHEREAS, the City of Wheat Ridge Planning Division has submitted
information to be considered with the above request, and said
information is-attached hereto and incorporated herein by reference,
and made a past hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner CERVENY, seconded by
Commissioner JOHNSON, that Case No. ZOA-96-1., a proposed amendment to
the Wheat Ridge Zoning Code, Section 26-3, Establishment of districts
and provisions for official zoning maps, relating to procedures fox
mass rezoning be forwarded to City Council with a recommendation fox
Approval with the following condition:
In cases where there is mass rezoning and an existing [principal]
use is in place [already built), the City will limit its options
to three:
1. To eliminate the property from the area of mass rezoning; or
2. To give the property a nonconforming status; or
3. If the zoning is changed during the State-mandated 3-year
vesting schedule, reasonable compensation (as determined by
a City requested Appraisal, by the property owner and a
third party) be paid to the land owner.
VOTE: YES: Williams, Owens, Rasplicka, Cerveny, Langdon and
Johnson
N0: None
2, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6 - 0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 21st day of March, 1996..
George J. Langdon, Chairperson San ra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION
b:\zoa961.res
~~
~~
~ ~~y, ~ }
M~ ~'~ 6~ +~'I '.yT
StL+' eN RJ! F]
i
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No. ~_
Series of 1996
TITLE: AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY-
INITIATED REZONING
WHEREAS., the Wheat Ridge Code of Laws does not currently
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further implement the Comprehensive Plan
and the desires of the residents, such a procedure should be
adopted and made available to the Council.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 26-3 of the Wheat Ridge Code of Laws is
amended by the addition of a new subsection G, to read:
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initiate rezoning
of the entire City or portions of the City, in accordance
with this subsection G. Such actions are hereby declared
to be legislative in nature and are not subject to the
provisions set forth in Section 26-6, subsection C.S.
(1) Applicability.
This rezoning procedure applies to-city-wide
and large-area, multiple-property rezoning initi-
ated by the Wheat Ridge City Council. To be
eligible for this procedure, large-area, multiple
property rezoning must include at least ten (10)
separate ownership parcels, and at least ten (10)
acres in total combined area.
(2) Procedure and Notice.
(a) General: The Council may, at a regular
or special meeting, initiate this rezoning proce-
dure by adoption of a resolution setting forth the
general area of the proposed rezoning, stating the
intended purpose and objectives to be achieved by
the rezoning, and referring the matter to the Wheat
Ridge Planning Commission for a public-hearing and
recommendation.
GED\53027\148902.1
(b) Planning Commission Action:
Notice Requirements
a. City-Wide Rezoning: Where-a
city-wide or comprehensive rezoning has
been initiated by the Council, notice
shall include publication of a public
hearing notice in a newspaper of general
circulation at least fifteen (15) days
prior to the date of _the public hearing,
which notice shall include a description
of the proposed rezoning and a map which
illustrates the geographic extent of the
proposed rezoning.
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice required by subsection
(a) of this paragraph, be noticed by
certified mail notice sent to all owners
of record of real property included
within the area to be rezoned at least
fifteen (15) days prior. to the date of
public hearing.
2. Planning Commission Review: The
Planning Commission shall hear and consider
any evidence or statement presented by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration of the
criteria -for review specified in Section 26-
6 (C) (3) (b) .
(c) City Council Public Action.; Upon receipt
of the Planning Commission's recommendation, the
City Council shall hold a public hearing on the
proposal. The hearing conducted on second reading
of the proposed rezoning ordinance shall satisfy
this requirement. Notice of the hearing shall-be
the same as for the Planning Commission hearing,
however publication of the ordinance on first
reading, together with the required map, shall meet
the newspaper publication requirement.
The City Council, in addition to consideration
of the Planning Commission record, shall hear
GED\53027\148902.1 - 2
additional evidence and testimony presented
and either -approve, approve with modifica-
tions, or reject the ordinance. The City
Council shall base its decision upon all
evidence presented, with due consideration of
the criteria for :review as set forth under
section 26-6 (C) (3) {b) .
(3) Protest.
The legal protest procedur-es set forth at
Section 26-6.C;5 of-this Code of Laws shall not
apply to city-wide rezonings. In the case of
large-area, multiple property rezonings, however,
if a protest petition against such rezoning is
signed by owners of fifty (50) percent or more of
the property included within the proposed rezoning
area, excluding any property owned by the City of
Wheat Ridge, such rezoning shall not become affec-
tive upon the protestant's _property(s) except by
favorable vote of three-fourths of the entire City
Council.
Section 2. Safetv 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 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.
Section 3. Severabilitv. If_any clause, sentence, paragraph,
or part of this Ordinance or`Application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect
fifte.en_._days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of 1996, ordered pub-
lished in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for 1996, at 7.00 o'clock 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 to _, this day of ,
1996..-
GED\53027\148902.1 - 3
SIGNED by the Mayor on this day of -
ATTEST:
WANDA SANG, CITY CLERK
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
GED\53027\148902.1
1996.
DAN WILDE, MAYOR- __
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
-4-
~~ s
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
Council Bill No. 16
Ordinance No. 1025
Series of 1996
TITLE: AN ORDNADICE ESTABLISHING A ?ROCEDL~E FOR CITY-
INITIATED REZONING
WHEREAS, the Wheat Ridge Code of Laws does not e~cpressly
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further implement t;^~ Compreher_sive ?lan
and the desires o-f the residents, such a orocedure should be
adopted and made available to the Council.
BE IT ORDAINED BY THE CITY COLiUCIL OF THa CITY OF W~?AT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 26-3 of the Wheat Ridge Code o= Laws is_
amended by the addition of a new subsection G, to read:
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initiate rezoninc
of the entire City or portions of the City, in accordance
with this subsection G.
(1) Applicability.
This rezoning procedure applies to city-said=_
and large-area,. multiple-prop=_rty rezoning^ initi-
ated by the wheat Ridge City Council. To be
eligible for this procedure, large-area, multiple
property rezoning must include at least ten (10)
separate Ownership parcels, and at least ten (10)
acres in total combined area. Larce-area, multiole
property rezoning is permitted under this
subsection G only in order to rezone property to a
less intensive (lower) zone category; for e:<ample,
from Commercial-One (C-1) to Restricted-Commercial
{R-C), or from Residential-Three (R-3) to
Residential-One (R-1). Rezoning to any
Agricultural zone district from .any other zone
district shall not be considered a rezoning to a
less intensive zone category.
{2) Procedure and Notice.
(a) General: -The Council may,. at a regular
or special meeting, initiate this rezoning proce-
ono\s~cr\~;asoz.:
f"'--~~' dure by adoption of a resolution setting forth the
general area of the aroposed rezoning, stating the
intended purpose and objectives to be achieved by
the rezoning, and referring the matter to the 6vhea•~_
Ridge Planning Commission for a public hearing anc
recommendation.
(b) P~annina Commission Action:
1. Votice Requirements
a. City-Wide Rezoning: Where a
city-wide or comprehensive rezoning has
been initiated by the Council, notice
shall include publication of a public
hearing notice in a newspaper of general
circulation at least fifteen (15) days
prior to the date of the public hearing,
which notice shall include a description
of the proposed rezoning and a map-which
illustrates the geographic extent of the
proposed rezoning.
b. Large-Area, Multiple Property
Rezoning:- A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice required by subsect~cn
(a) o` this paragraph, be noticed by
certified mail notice sent to all owners
of record of real eroperty includes.
within th=_ ar=_a to be rezoned at leas:
fifte=_n (_~) days prior to the date o=
public hearing
2. Planning Commission Review: Tne
Planning Commission shall hear and consider
any evidence or statement presented by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration or the
criteria for_review specified in Section 25-
6 (C) (3) (b) .
(c) City Counci' Action. upon receipt o` the
Planning Commission's recommenda~ibn, the City
Council shall hold a public h=_aring or. the
proposal. The heari.^.g conducted o.^. second reading
of the proposed rezoning ordinance shall sat_s.y
Notice of the :!ear~ng s:^a'_1 be
this requirement.
-2-
G-D\3?iP\'-55302.3
'+
._~
READ, ADOPTED AND ORDERED PUBL13ChED on May 1995.
8 to 0 th;s day o. ~-,
reading by a vote of
the same as for the Planning Commission ,hearing,
however publication of -the ordinance on first
reading, together with the required map, shall meet
the newspaper publication requiremen~.
The City Council, in addition ° COShallrahear
of the Plannin Commission reco_d~resented and
additional evidence o e to ~ m modifications, or
either approve, aPP- Council shall base
reject the ordinance. The City with due
its decision upon all evidence presented,
consideration of the criteria for review as set
forth under section 26-6(C)(3)(b)~
~ The City Council hereby finds,
Sect ?~ Safety C_auseh, romul aced under
determines, and decl over tof Lthe Ci~ydofa Whea s Ridge, gthat it is
the general police p
promulgated for the health, safety, and tyres= vation of health and
that this Ordinance is necessary fo u~hecp convenient= and welfare.
safety and for the protection o. p
The City Council further determines that the Ordinance ears
le islative object sought to be
rational relation to the proper g
attained.
Sectio~3. Severer itv~ ?f any clause,rsentence, pa'-"agraph,
or part of this Ordinance or P.ppiication the_eof to any perso=~ o'-"
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall^-ot a:~ect, '-mPair
or invalidate the remainder o~ t:^:is Ordinance or its aapli catio^ to
other persons or circumstances.
Effective Date-• This Ordinanc=_ shall take e~=eC~
Secs 4•
on June 11, 1996.
INTRODUCED, READ, AND ADOPTED on first reading by a vote o:
ril, 199', ordered published ~^
$ to 0 on this 22nd day of aP- ;n the City of wheat
full ir. a newspaper'of general c~rculat~on
Ridge and Public Hearing and consideration on =i-^-al passage set =or
I 1996, at 7:00 o'c'_ock p.m., in t^' Cou'-,-cil Chambers,
M7500 th Avenue, Wheat Ridge, Colorado.
second and Tina:
J~3\iSG?%\'-58902.4
-3-
a
. ~
/"
SIGNED by the Mayor on this 20th day of May 1995.
ATTEST:
i?
"~ '~ ;' .~C.~<J
i` _ L
i
WANDA SANG, CITY CLFRK IRAN WILDE, [vLAYOR
1st Publication: ;~Pril 26, 1996
2nd Publication: May 24, 1996
tAheat Ridge Transcript
Effective Date: June 11, 1996
GSD\i3C2 T\!+25C2.+
APPROVED AS TO rORM BY CIT`-'
ATTORNEY
GERALD E. DAHL, CITY-ATTORNEY
_C-
. l
CITY OF WHEAT RIDGE, COLORADO
i?l'T~?~~SLS
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No. __ __
Series of 1996
TITLE: AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY-
INITIATED RBZONING
WHEREAS, the Wheat Ridge Code of Laws does not currently
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further implement thero~eduree shouldlbe
and the desires of the residents, such a p
adopted and made available to the Council.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 26-3 of the Wheat Ridge Code of Laws is
amended by the addition of a-new subsection G, to read:
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initiate rezoning
of the entire City or portions of the City^in accordance
with this subsection G.
• _
(1) Applicability.
This rezoning procedure applies to city-wide
and large-area, multiple-property rezoning initi-
ated by the Wheat Ridge City Council. To be
eligible for this procedure, large-area, multiple
property rezoning must include at least ten (10)
separate ownership parcels, and at least ten (10)
acres in total combined area.
(2) Procedure and Notice.
(a) General: The Council may, at a regocer
or special meeting, initiate this rezoning p
dure by adoption of a resolution setting forth the
general area of the proposed rezoning, stating the
intended purpose and objectives to be achieved by
the rezoning, and referring the m ublicthearinghand
Ridge Planning Commission for a p
recommendation.
GED~53027\148902.2
(b) Planning Commission Action:
Notice Requirements
a. City-Wide Rezoning: Where a -
city-wide or comprehensive rezoning has- --
been initiated by the Council., notice
shall include publication of a public
hearing notice in a newspaper of general -
circulation at least fifteen (15) days
prior to the date of the public-hearing,
which notice shall include a description
of the proposed rezoning and a map which
illustrates the geographic extent of the
proposed rezoning.
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice required by subsection.
(a) of this paragraph, be noticed by
certified mail notice sent to all owners..
of record of ..real property included
within the area to be rezoned at least _.__
fifteen (15) days prior to the date of
public hearing.
2. Planning Commission Review:. The
Planning Commission shall hear and considex-
any evidence or statement presented by city
staff or by any person ih attendance at the
hearing. The Planning Commission shall make a
recommendation to' City Council to .approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration of- the
criteria for review specified in Section 26-
6 (C) (3) (b) .
(c) Citv Council ^•~e Action.- Upon receipt
of the Pl~nn;ng Commission's recommendation, the
City Council shall hold..a public. hearing on the.
proposal.. The hearing conducted on second reading
of the proposed rezoning ordinance shall satisfy
this requirement. .Notice of the hearing shall be
the same as for-the. Planning Commission hearing,
however publication of .the ordinance on first
reading, together with the required map, shall meet
the newspaper publication requirement.
The City Council, in addition to consideration
of the Planning Commission record, shall hear
GED\53027\148902.2 - 2
additional evidence and testimony presented. and.
either approve, approve with modifications, or.
reject the ordinance. The City Council shall base.
its decision upon all evidence presented, with due
consideration of the criteria for ,review as set
forth under .section 26-6(C)(3)(b).
Section 2. Safetv 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 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..
Sect-ion 3. Severability. If any clause,-sentence, paragraph,
or part of this Ordinance or Application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect
fifteen days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of 1996, ordered pub-
lished in full in a newspaper of_ general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for 1996, at 7:00 o'clock p.m.; in the Council.. .
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.: -
READ, ADOPTED AND ORDERED PUBDISHED-.on .second and final
reading by a vote of to _, this day of ,_ .
1996.
SIGNED by the Mayor on this day of_ 1996.
GED\53027\148902.2 _. - 3
ATTEST:
WANDA SANG, CITY CLERK
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective-Date:
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
GE-\53027\148902.2 - 4 -
i'
I~ ,~piy~t-t~
~4
~ .~ ~ ----
II
~~ ~~ /99 s
i!
.~ _ _
_ ~~
'' ~hI - _ ,c~a~-gam
''
~n
~, _
w~~
;~i
.;i 7r~L~~o~~d ~ZG~~;~
;;I - ~.
li ~ '~ ~(_
!I
.,r.
;,~
.. ~~
--
.. i / _ ~ _ J
%~`
~~
_. _... nn __
l~ aQ ~~~
- -~ _ - ./yz-P
/~ --
t~ ~- -
,___r~_ -----------------------------..~,------ -- - -- _T.~
'-'~ ~:
~,
~~ jl
Iii ~~y -
-- - - _
,.~
t~~ - ~~~ -
~~,
~~~ -
`.~ ~ ~~ ~
'" -
f,'Ij ~~~,~'~`~`,~w~-e ~°~~ a~
;,~ ~ ~I _
III ~~ ~ d~til.~L~ 'tii f¢
;i II G~ G~~a-~
- i1~
'~'~ri ~ J~2g2-¢A.~ G~ ~-
;,i ~-~--
~' LvLU
~ ~''
~~/L I ~~y
0~' ; ~
a;~._ a~~
~, ~ ~u~ ~~~ ~ ~
:I~
~~n -
u ,~,~,...,, ~ __
~,~, u~
_- -
-iii l/1/vV ~ - -
_. ___
,,,
- - ;;,
~_ ~~^~ ;
i~;
'iil _ ~. `~'^
i i'
~~
,..
~~
~I
~;
'~ ~~ ~~~
;,; ~-~.-
~;i
~~ ~----
;,
;; ---
~~
,,
~~
~~
a
d
a
d
N
C f!!
O d
G V y o
~ t ¢ m
U
T d
2 ~
~ R v
Y
v
e
CD ~~ rno
•C N o y~
O 7 Z O
I d
~.
M
N
c ^y ~+
Q ff) ~ a ~
~ o I
~ ~ °. w ~'
~, U a
v a
r.
~ ~
3 ~
~ o
m
C 4 ~ 3
.C Q .` ~
o
N ~ ~ ~°~o E m m
d X o m Xt~.
W Z W
f") v ~
i
m
._
O
N
d
N
C
~ Qo
Q 41
~ u ~ c
~ •o
L
a~i U
y
N a
~ 1° $ ~
a~V ~~
~ N
~ O
Q Z
N
~.
M
i ~
h
II
U
rn
c
.~
N
d
K
N
R
M
R
N
O
Q R
Q
L rt")o
N ~fJ ~ N
Q Nc+)o
O to
S1 Q
~
p7 ~ O tD
~ Q
c
O ~
O
•
L C
N
N
L
r a
N ~ ~
Y N y Y y
.y fQ
lJJ 'NO` „'
o R t
.+ y
a o m
Q' ~
UCH
3 ~
U,flH
U' °= o W o E a
~ a Z c ~ a`~ Z c
~ ~`~~ C7 E~o~
- zr°a Q z'~a
r N
Q. ~
C
C d
d Q
x o
m ~
L_
a_ °'
L
Q a+
O C
y
N ~
X
y d
O
O
Q w
O ~
Q •
_A L
d
M to °
~ '~'+ ~ M o
~ ~ N
r
~ ~
w ~
~
Q
~ _a
II p
Q
d
Q L
N
O Y N
N
~ a ~ Y to
a
~ ~ U O ~ U
~ ? `o m 3`
~ 'II o w
V) ~ o
UCH
Q m
UCH
•~ ~ ~ `o .
O `o ~_a
a Z ~ Q ~ Z c
a E m o ~. ~ m v
O z~°a Q z'~a
M ~
Q
N
~ ~
O ~~o p cor~o
Q N ~
~
~
a ~
L t
N (p
C
• 'o _C
• ~p
~
C
O Y t/1
~ ~ L'
p ~ a
~ ~ <a
U N
d ~ ca
U
L
y a`o m y II`o Tv
r m
Ua{~
r
UnF
> ° ~ o j ° ~ w
0
~ ~ Z ~ N ~ Z c
- zFa .a z~n.
~ ~
CITY COUNCIL NENMS %HE4 T
CITY OF WHEAT RIDGE, COLORADO p,
7500 W 29th Avenue, Municipal Building <
U
May 13, 1996
~L o
The Regular City Council was called to order by Mayor Wilde at
7 00 p m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields,
Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk,
Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City
Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning,
Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens
APPROVAL OF MINUTES of April 22, 1996
Motion by Mr Eafanti for the approval of the Minutes of April 22, 1996, seconded by Mr
Siler; carried 8-0
CITIZENS' RIGHT TO SPEAK
Dan Schneider asked that Council appoint two new Planning Commissioners He is
planning a subdivision in Wheat Ridge and has been told that out of the current six Planning
Commissioners only four will be available for his hearing, which is not a quorum
Motion by Mrs Dalbec to add Item 13 Board and Commission appointments to the Agenda
seconded by Mr Solano, carried 8-0
Gary Wardle informed the public that the new Parks and Recreation Brochure had been
mailed out; anybody who hasn't gotten one, please call the Parks department; there is one
error, Lisa Rosson's name has inadvertently been omitted from the list of Parks
Commissioners
Don Lancaster told about the 100th Anniversary of the Wheat Ridge High School
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 16 - An Ordinance establishing a procedure for City initiated
rezoning
Council Bill 16 was introduced on second reading by Mr DiTullio, title read by the Clerk;
Ordinance No 1025 assigned.
CITY COUNCIL MINUTES May 13, 1996 Page - 2 -
Ray Ewell, Jr was sworn in by the Mayor and asked why this Ordinance is necessary Mr
DiTullio explained.
After discussion regarding the language and provisions in the Ordinance, Mr Solano moved
to continue this until later in the evening to allow the City Attorney to work on the proposed
wording, seconded by Mrs. Worth, carried 8-0
Item 2. Council Bill 17 - An Ordinance concerning required insurance for contractors
and operators.
Council Bill 17 was introduced on second reading by Mr Siler; title read by the Clerk;
Ordinance No 1026 assigned
Motion by Mr Slier for approval of Council Bill 17 (Ordinance 1026), seconded by Mr
Eafanti.
Motion by Mr Solano to amend the Ordinance to change the amounts to $250,000 per
person and $1,000,000 per occurrence, seconded by Mr DiTullio, carried 5-3 with
Councilmembers Dalbec, Siler, and Shaver voting no
Motion as amended carried 8-0
ORDINANCES ON FIRST READING
Item 3. Council Bill 18 - An Ordinance providing for the approval of rezoning from
Agricultural-One to Planned Commercial Development District on land located
at 12851 West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State
of Colorado
(Case No WZ-96-3) (City of Wheat Ridge)
Council Bill 18 was introduced on first reading by Mrs Worth, who also read the title
Motion by Mrs Worth that Council Bill 18 be approved on first reading, ordered published,
public hearing be set for Monday, June 10, 1996 at 7 00 p.m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Eafanti, carried 8-0
Item 4. Council Bill 19 - An Ordinance amending Section 26-30 (K) of the City of Wheat
Ridge Code of Laws concerning Overlay Zones.
Council Bill 19 was introduced on first reading by Mrs Worth, title read by the Clerk.
/7r
96
CITY OF WHEAT RIDGE, COLORADO
CAI,
INTRODUCED BY COUNCIL MEMBER DiTULLIO NING
Council Bill No. 1' & DEVELOPMENT
Ordinance No. 1025
Series of 199'
TITLE: AN ORDINANCE EST?3LISHING A PROCEDURE FOR
INI'_IATED REZONING
WHEREAS, the Wheat Ridge Code of Laws does not expressly
provide for City-initiated rezoning of real property; and
WHEREAS, in order to further imolement the Compre1-ens_ive
and the desires of the residents, suCl, a procedure s^o _Z D_
adopted and made available to the Counc_'-.
BE IT ORDAINED 3Y THE CITY COUNC L CI!_ n -
COLORADO, AS FOLLOWS:
Section 1. Section 26-3 of the Wheat Ridge Code o= L=-,.s 's
amended by the addition of a new subsection G, to read:
(G) Procedure for City-Initiated Rezonine:
The Citv shall have authority to initiate _ez r.z--
of the entire City or portions of City, in accordar:ce
with this subsection G.
(1) Applicabilitv.
This rezoning procedure applies to city-wide
and large-area, multiple-property rezoning initi-
ated by the Wheat Ridge City Council. To be
eligible for this procedure, large-area, multiple
property rezoning must include at least ten (10)
separate Ownership parcels, and at least ten (10)
acres in total combined area. Large-area, multiple
property rezoning is permitted under this
subsection G only in order to rezone property to a
less intensive (lower) zone categorv; for example,
from Commercial-One (C-1) to Restricted-Commercial
(R-C), or from Residential-Three (R-3) to
Residential-One (R-1). Rezoning to any
Agricultural zone district from any other zone
district shall not be considered a rezoning to a
less intensive zone category.
(2) Procedure and Notice.
(a) General: The Council may, at a regular
or special meeting, initiate this rezoning proce-
GED\53027\148902.4
sure by doption of a resolution setting for-_n the
general area of the proposed -rezoning, stating
intended purpose and objectives to be achieved b
the rezoning, and -referring the matter to t- W-rIea_
Ridge Plan.ni=1 Commission for publiq C! "
g earing a".._
recommendation.
(b) Planning Commission. Action:
i. Notice Requirements
a. City-Wide Rezoning: Where a
city-wide or comprehensive rezoning has
been initiated by the Council, notice
shall include publication of a public
hearing notice in a newspaper of genera:
circulation at least fifteen (15) davs
prior to the date of the public hearing,
which notice shall include a descriotio-.
of the proposed rezoning and a map which
illustrates the geographic extent of the
oroposed rezoning.
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice required by subsection
(a) o= this paragraph, be noticed by
certified mail notice sent to all owners
of record of real property included
within the area to be rezoned at leas:
fifteen (15) days prior to the date of
public hearing.
2. Planning Commission Review: The
Planning Commission shall hear and consider
any evidence or statement presented by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal. The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration of the
criteria for review specified in Section 26-
6 (C) (3) (b) .
(c) Citv Council Action. Upon receipt of the
Planning Commission's recommendation, the Citv
Council shall hold a public hearing on the
proposal. The hearing conducted on second reading
of the proposed rezoning ordinance shall satisfv
this requirement. Notice of the hearing shall be
G=D\53027\148902.4 -2-
the same as for Manning Commission he=_r_
however publi=--ion.. of the ordinance on f1.-St
reading, together wit_, the required map, shall meet
the newspaper publication requirement.
The City Council, in addition to consideration
of the Planning Co=mission record, shall_ hear
additional evidence and testimony oresented and
either approve, aporove with •mcdi-ications, or
reject the ordinance. The Citv Council shall base
its decision upon all evidence presented, with due
consideration of the criteria for review as set
forth under section 25-5(C)(3)(b).
Section 2. Safetv Clause. The City Council h=ereby finds,
determines, and declares that th's ordinance is promulgated under
the general police power of the City of W: eat Ridge, that it is
promulgated for the health, safety, and welfare of the public and
that this Ordinance is necessary for the preservation of health a~,d
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.
Section 3. Severability- If anv clause, sentence, oaragraph,
or part of this ordinance or Application thereof to anv person or
circumstances shall for anv reason be judged by a court of compe-
tent jurisdiction. invalid, such judgment s-a11 not affect, _moalr
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect
on June 11. 1996.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 22nd day of April, 19906, ordered published in
full in a newspaper of general circulation in the City of Wheat
Ridgge and Public Hearing and consideration on final passage set -or
May 13 1995, at 7:00 o'clock 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 13th day of May 1995.
GS0\53027\148902.4 -3-
SIGNED by the :'Mayor on this 20th day of May 79;i.
ATTEST:
WANDA SANG, CITY CLERK \
DAY WILDE, MAYOR
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
ist Publication: April 26, 1996
2nd Publication: May 24, 1996
Wheat Ridge Transcript
Effective Date: June 11, 1996
GEZ)\53021\148902.4 - 4