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Home My WebLink AboutZOA-96-14CITY COUNCIL MINUTES: SEPTEIvIDER 23, 1996 Page -3- --- Item 4. Council Bill 43 - An Ordinance amending Section 26.33 of the_Code of Laws of the City of Wheat Ridge, related to excavation and deposit control. Council Bili 43 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Bob Goebel was sworn in by the Mayor and answered questions. Motion by Mr. Solano for approval of Council Bill 43 as amehded to include a revision to the last sentence of subsection (B) (4) (a) 4 to read, "In addition, the City Engineer may require a ground cover plant material or other means of controlling water and wind erosion and weed growth"; seconded by Mr. Eafanti; failed 2-5 with Councilmembers Solano and Eafanti voting yes. Motion by Mrs. Dalbec to suspend the Rules and hear Item 7 next because there are people present to speak; seconded by Mr. Eafanti; failed 5-2 with Mr. Solano and Mr. DiTullio voting no. (This needed a 6 vote majority to pass). Item 5. Council Bill 38 - An Ordinance. amending the Code of Laws, Zoning Code, relating to the definition of Story. Council Bill 38 was introduced by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Motion_by Mr. Solano for approval of Council Bill 38 (Ordinance 1046) with the Addition that building height shall be measured from.the tallest point of the building to average grade; seconded by Mr. DiTullio; carried 6-1 with Mrs. Dalbec voting no. Item 6. Council Bill 44 - An Ordinance. adopting a temporary moratorium on the acceptance, processing and- issuance of building permits for the construction of mortuaries and crematories within a specified area of the City, and declaring an emergency. Council Bill 44 was introduced by Mrs. Dalbec, who also read the title. Motion by Mrs. Dalbec for approval of Council Bill 44 (Ordinance 1047); seconded by Mr. DiTuilio; carried 7-0. CITY COUNCIL MINUTES: October 14,..1996 Pace -6- Bonnie Botham, 3380 Pierce Street, read a letter from the Wheat Ridge Livestock Association, which was in favor of the Ordinances. Louise Turner, Wheat Ridge Animal Control Commission, was present to answer questions. Motion by Mr. Solano for the approval of Council Bifl 41 (Ordinance 1050) and Cduncil Bill 42 (Ordinance 1051) as amended to provide a new subparagraph 4-14 (c) (3) as recommended by the City Attorney; to include the following items: under Section 14 (c) (II) "every potbellied pig must be neutered or spayed by the age of four {4) months; (Ill) no potbellied pig may weigh more than 150 pounds; (V) penned exterior areas confining potbellied pigs-must be no closer than fifteen (15), feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (I) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one (1) acre of property in excess of the minimum lot size; (III) the potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; delete Section IV -garbage may not be fed to any potbellied pig; seconded by Mrs. Worth; carried 8-0. Item 5. Council Bill 46 - An Ordinance requiring Special Use Permits-fog mortuaries.- Council Bill 47 - An Ordinance requiring Special Use Permits for crematories. Council Bills 46 and 47 were introduced by Mrs. Dalbec who also read the title. City Clerk assigned Ordinance Numbers 1052 and 1053. Motion by_Mrs. Dalbec for the approval of Council Bill 46 (Ordinance 1052) ;seconded by Mrs. Shaver, carried 8-0. Motion.by Mrs. Dalbec for the approval of Council Bill 47 (Ordinance 1053); seconded by Mr. DiTuUio; carried 8-0. Item 6. A. Appointments to Boards and Commissions. Motion by Mr. Siler that David Whitehead be appointed to the Building Code Advisory Commission firom District II; and that Floy Jeffares be appointed to the District II vacancy on the Civil Service Commission; seconded by Mr. Solano; carried 8-0. Item 6. B. Resolution 1560_-authorizing an amendment to the red-evelopment agreement between EDARC and Wheat Ridge Marketplace. Resolution 1560 was introduced by Mrs. Solano; title read by the Clerk. .. CITY OF WHEAT RIDGE, COLD T)O INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. r-q-- Ordinance_No. ?047 Series of 1996 TITLE: AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE ACCEPTADTCE, PROCESSING AND IS5uA~ICE OF BUILDING PERititITS FOR THE CONSTRUCTION OF MORTUA,2IES AND CREMATORIES TAITHIN A SPECIFIED AREA OF THE CITY, AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality duly and regularly organized and now validly existing as a body corporate and politic under and by virtue o~ the Constitution and laws of the State of Colorado and that the City may adopt such ordinances relative to local and municipal matters as are_ necessary to effectuate the purposes and intent of power granted to municipalities and such other matters and can be dele- gated to municipalities by the State of Colorado; and WHEREAS, Section 1.3 of_the Home Rule Charter for the City confers all home rule powers to the City; and WHEREAS, Section-5.13 of the Home Rule Garter for the City provides that emergency ordinances may be enacted for the immediate preservation of the public property,"re.alth, peace, dr safety; and WHEREAS, the City Council has initiated consideration of an ordinance amending the Code of Laws to impose a special use permit requirement upon new development of mortuaries and crematories ~n the C-1, C-2 and I Zone Districts; and WHEREAS, the City Council is concerned that owners of certair_ properties within the City may accelerate dev=_lopment plans and- request building permits for mortuaries and crematories in reaction to that proposed ordinance; and WHEREAS, the City Council finds that a delay in the acceptance and processing of such building permit applications for a period of time to dnd including November 15, 1996, is necessary and in the best interest of the City_in ,order for the City to complete _its _ consideration of an ordinance on this subject; and ~AHEREAS, uncontrolled issuance of building permits for mortuaries- and crematories prior to the consideration by the Council of the ordinance on this subject would defeat the efforts of the City to promote comprehensive planning and to protect existing neighborhood integrity; ~ts~o~r~:;;~aii.i NOW, THERErOR3, BE IT ORDAINED By THE CZT`_' CC~TNCIL OF THE CITY Oz' WF?EAT RIDGE, COLORADO, AS ?OLLOWS: Section 1 • Morator~ um on burldi na Derml morato a um • upon C~^e declares and- imposes a' Council hereby ~ - ,- and the issuance of, acceptance and processing oz applications .o_, _ building permits for the constructCo2 az5 eI eZo °e Dt Stn; c stuar The and crematories within the C-1, moratorium shall expire on November 15f '991icathonS and issuance pension of acceptance and process_ng o_ app _ of building permits 1996eCUnless1term at dlnearli=_rabYtthe,City as of November 15, Council. Nothing contained in thisrOodi~ arlceny~io~ bred=ast aner_d limit or preclude the City Council ment, or modification o= this Ordinance prior to November 15, 1996. Section 2. Vested Ri4hts•_ Nothing in this Ordinance shall be construed as affec~ing'anv lawfully vested rights to complete con- struction where construction was commenced or autho c*Zive pdateaof to a building permit 'duly issued prior to the e= this Ordinance. _ Section 3. Emeroencv Declared. Pursuant to Section 5.13 0. the Wheat Ridge Charter, the City Councl'nereby finds and declares that an emergency exists which requires the immediate eff_ctiveness pending ordinance reau ringtatspecialeuse perm'-pleornmor~oaries and crematories in the C-1, G 2 and Z Zone Districts would be frustrated and prevented without th°_ protection which this Ordinance will give for the deliberate consideratio^: of _that subject. Section 4. sever~t~• If any clause, sentence, paragraph, or part of this Ordiiiarice 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. Sec t_ ion 5• Effective Dat=ovidedl by rSection Sha31 o eCthe as p effective upon adoption, Charter. INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a 0 on this 23rd day of September, 1996, ordered vote of ~ to - eneral circulation in the City publishedd in full in a newspaper of g of wheat Ridge. SIGNED by the Mayor on this 24th day of 5epee~- ,.1996_ DAN WILD=., ,r.1A`!OR -2- Y ~i ~ ATTEST: / ~ . /,l/~,C d W'~~TDA SANG, CITY CLE_ _ APPROV~ AS TO FORM BY CITY ATTORNE ~ ~ ~~~ ~ ~~ GERALD E. DP~L, CI'I'I ATTO ~Y Published on September 27 1995 Wheat Ridge Transcript c.~'~.s~on~~e+aoi.i -3- k ,f CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER nai~ Council Bill No. 40 Ordinance No. 102 Series of 1996 TITLE: AN ORDINANCE REQUIRING SPECIAL USE ..PERMITS FOR MORTUARIES WHEREAS, the City Cour_ci1 wishes to require that new development of mortuaries in the C-1, C-2 and I Districts first receive a special use permit pursuant to Section 26-6 (B) of the Code of Laws. BE IT ORDAINED BY THE CITY COLNCT_L OF THE C`_TY OF'rT~EAT RIDGE, COLOR.n~0, AS FOLLOWS: _ _ Section-1. Subsection 26-22(B)(20) of the Wheat Ridge Code of Laws is hereby del~ted_ _ Section 2. Subsection 26-22 (E) of the Wheat Ridge Code of Laws is amended by renumbering existing subparagraph 25-22(E)(8) as 26-22(E)(9) and inserting a new subparagraph 26-22(E)(8), to read: (8) Mortuaries. Section _3. Subsection 25-23(E) of the Wheat Ridge Code of Laws is amended by inserting a new subparagraph 25-23 0)(51, to redd: (5) Mortuaries- Section 4. Subsection 20'-24 (E) of the Wheat Ridce Code of Laws is amended by renum:oering existing subparagraph 26-24(E)(30) as 26-24(E)(31) and inserting a new subparagraph 26-24(E)(30), to read: (30) Mortuaries. Section S. Existin4 Facilities. Mortuaries in existence on the effective date of this Ordinance shall not be affected thereby and shall not be required to obtain a special use permit under Section 26-5 (B) of the Code of Laws. Section 6. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinahce~s promulgated under the general police power of the City of wheat Ridge, that it is promulgated for the health, safety, and welfare of the Dublic_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 GED1570^_7115a303. I ., ~_. rational relation to .the proper legislative object sought to be attained. Section 7. Severability. .If any clause, sentence, paragraph, Or part Of this Ord1P_a17C2 Or. Appli CatlOn thereo.i. tO ai!V persO^ Or - - circumstances shall .nor any mason be _.judged by a court.-_nf competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its - application to other persons or circumstances. Section 8. Effective Date. This Ordinance shall take effect immediately after final publication. ZNTRODIICED, READ, AND ADOPTED on first reading by-a vote of 7 to 0 on this 23rd day of September 1995, ordered published in full in a newspaper of general circulation _i the City of Wheat Ridge and. Public Hearing and consideration on final _ passag= s=t for October 14 , 1995, at 7:00 o'clock p.m., in the Council Chambers, 75.00 West 29tH-Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PIISLISHED on second and final reading by a vote of 8 to 0 ,.this=_. 14th day of October- 1996.. SIGNED by the Mayor on this 15th day of October 1996. ~~' DAN WILDE, ~LlYOR ATTEST: /, ,~ WANDA SANG, CITI~ ~$K AS TO FORS? BY CITY A E. DAHL, 1st Publication: October 4,.1996 2nd Publication: October 18, 1996 wheat Ridge Transcript Effective-Date: October 19, 1996 GED~570^_'t 1 N703.1 -2- S ~ .~.t CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dalbec _ Council Bill No. 47 Ordinance No. 1053 Series of 1996 TITLE: AN ORDINANCE REQUIRING SPECIAL USE PERMITS FOR CREMATORIES WHEREAS, the City Council wis] development of crematories in the C-1, receive a special use permit pursuant Code of Laws. BE IT ORDAINED BY THE CITY COLS-CIL COLORADO, AS FOLLOWS: ies to require that new C-2 and I Districts firsE to Section 26-6 (B) of-the OF THE CITY OF TnT-r_FAT RIDGE, Section 1. Subsection 20-22 (E) of the wheat Ridge Code of Laws is amended ,by am=_nding subparagraph 26-22(3)(8) to read: (8) Mortuaries AND CREMATORIES. Section 2. Subsection 26-23(E) of the Wheat Ridge Code o= Laws is amended by amending subparagraph 26-23(E)(5) to read: {5) Mortuari>_s AND CREMATORIES. Section 3. Subsection 2'o-2?(E) of the Wheat Ridge Code of _,_ -_- read Laws is amended by amending siiboaragraph 25-2^_(E)(30) to ( 30 ) Mortuaries Ar~'D CREMATORIES . Section 4. Existing Facilities. Crematories in e:cistence on the effective date o` this Ordinance shall~noC be affected thereby and shall not be required to obtain a special use permit ander Section 26-6 (B) of the Code of Laws. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance'is promulgated under the general police power of the City of What 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 6. Severability- If any clause, sentence, paragraph, or part of this Ordinanc= or Application thereof to any person or circumstances shall for any reason be judced by a courr_ of c en s;o^~+. i es s i s. i a ~'T competent jurisdiction invalid, such judgment shall =:O` affect, Ordinance or its ;mpair or invalidate the Tema, nder of t is appllCatl0n t0 Other persOllS Or C1rCUIriStanCeS. Section 7 Effective Date. This Ordinance shall cake ecsec` ------' - ismed_ately after fina-l pubiicatior_• INTRODIICED, READ, AND ADOPTED on first reading by a vote of 23rd day of Sept e_ mb~_, 1990, ardered ~ t0 ~ OP_ t:11s - " published in =u11 in a newspaper of general circulation =h the City of Wheat Ridge ar:d. Public- Hearing atnd •o~no, alock1p-~'~ on inlthe passage set for October 14 , 1995, Council Chambers, 7"50 29th avenue,- Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED r°_ading by a vote Of 3 to ~ 19%. SIGV."'.D 'DV the i'?ayor O'-'. thi' PUBLIS3ED on second and final this 14th day of October-~ i~th day of Occob~- . ~ 9 9.6_" ~"~ DAN WILDS, MAYOR ,~ ATTEST: ~~ 1s T R{ Wa,~IDA Sa~~G, CITY 1st Publication: October 4, 1996 2nd Publication: October 18, 199.6 wheat Ridge Transcript Effeccive_Date: October 19, 1996 GLD~i i4'7" ~~5513 t -~- ap9ROV'ED aS TO FOR'°- BY CITY