HomeMy WebLinkAboutZOA-97-2
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6773 -- (303) 234-5900 ~1Vhe
t
City Admin. Fax # 234-5924 a
Police Dept. Fax # 235-2949 ~Ri d ge
May 30 , 1997
TO: ~lanning Commission
FROM: Meredith Reckert, Senior Planner
RE~ Case No. ZOA-97-2
Please fmd attached proposed language prepared by the City Attorney to be added to the City's
newly adopted CMRS(Commercial Mobile Radio Service) legislation approved pursuant to Case
No. ZOA-96-6. Staff has reviewed the proposed change and has no problems or corrections.
Suggested Motion: "I move that Case No. ZOA-97-2, an amendment to Section 26-30(T)(9) of
the Wheat Ridge Code of Laws relating to Commercial Mobile Radio Systems, be recommended
for APPROVAL and forwarded to City Council for first reading."
~) RECYCLED PAPEA
. CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _ _ -
Ordinance No.
Series of 1997
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO
COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT
RIDGE, COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Wheat_Ridge Code of Laws Section 26-3O(T)(9) is amended to read:
(9) The construction and use of a CMRS facility shall not
cause interference to other adjacent CMRS facilities OR
TO THE WIRELESS COMMUNICATION OPERATIONS OF
THE CITY. The-City of Wheat Ridge shall be held
harmless if interference occurs.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordirsynce 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 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 4. Effective Date, This Ordinance shall take effectimmediately upon adoption.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to _on the _
day of _ , 19 __, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage
set for 19 _ _ _ .__Reyised, ordered, republished in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage continued to 19 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
GED15302711 7 841 7.1
i
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
.of to .., this day of -
19_.. _ _ _
SIGNED by the Mayor on this _ day of 19
DAN WILDE, MAYOR
ATTEST:
WANDA SANG -u, _ . w
CITY CLERK
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
3rd Publication:
4th Publication:
GEO\530271178417, I~ _2
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge
PLANNING COMMISSION on June 5, 1997, 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 petitions shall be heazd:
Case No CUP-97-4• An application by the Wheat Ridge Presbyterian Church for the
Presbytery of Denver for approval of a conditional use permit to allow a church and an
outdoor worship area on Residential-Two zoned property located at 9180 W. 38th
Avenue. Said property is legally described as follows:
The North 290 feet of the East one-half of the West one-half of the West one-half of the
Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3 South,
Range 69 West, EXCEPT the North 205 feet of the East 75 feet thereof, and,
The North 507.6 feet of the West one-half of the West one-half of the West oue-half of
the Northwest one-quarter of the Northeast one-quarter of Section 27, Township 3 South,
Range 69 West of the 6th P.M., together with the improvements situate thereon, known
and numbered as 9180 West 38th Avenue, Wheat Ridge, all in County of Jefferson, State
of Colorado, and.
Beginning at the NE corner of the W%z W %i W% of the NW'/< of the NE%< thence South a
distance of 506.6 feet, thence west a distance of 20 feet to a point on the circumference of
a circle of 45 foot radius whose center is 462.6 feet South and 20 feet West of the point of
beginning, thence Northwesterly along said circumference a distance of 136.42 feet to a
point 25 feet West of the East line of W% W'/< W'/< NW %a NE'/<, thence North to the
North liner of Section 27, then East a distance of 25 feet to the point of beginning. The
South 1 foot of the East 20 feet of the W% W% W% of the NW%< of the NE'/< of Section
2Z, Township 3 South, Range 69 West. The West 25 feet of the North 290 feet of E%
W'/z W%2 of the NW'/ of the NW'/4 of Section 35, Township 3 South, Range 69 West,
and,
The South 1 foot of the East 20 feet of the W% of the W% of the W %: of the NW'/< of the
NE'/ Section 27 T3S R69W, and,
The North 205 feet of the East 75 feet of the E% W %2 W% NW'/< NE'/< of Section 27,
Township 3 South, Range 69 West of the 6th P.M., together with easements and rights of
way as reserved in deeds recorded in Book 933, Page 117 and in Book 1290 at Page 519,
except any portion lying within West 38th Avenue, County of Jefferson, State of
Colorado.
2. Case No W - 7-5• An application by Pacifica Holding Company, LLC, for Pacifica
Development Properties, II, LLC, for approval of a rezoning from Commercial-One to
Planned Commercial Development and for approval of an outline development plan and a
final development plan and plat with variances. Said property is located at 9500 West
49th Avenue and is legally described as follows:
Lots 1, 2, 3, and 4 of 70 Executive Center Amended Subdivision, City of Wheat Ridge,
County of Jefferson, State of Colorado.
3. Case No. WZ-97-7• An application by Louis J. Ficco for Dorothy J. Smith and Lenore A
Harris for approval of a rezoning from Residential-Two and Commercial-One to Planned
Commercial Development and for approval of an outline development plan. Said
property is located at 6225 West 48th Avenue and is legally described as follows:
An undivided %2 interest in: That part of the South half of the Southwest Quarter of
Section 13, Township 3 South, Range 69 West, lying east of the easterly line of LaVeta
Avenue and South and East of Southeasterly line of Block 19, Berkeley Heights 2nd
Filing (except Blocks 12, 16, 17, and aten-acre tract heretofore conveyed to Belle Bush
by deed in Book 117 at Page 479 said land being more particularly described as follows:
Beginning at a point on the South line of Section 13, 786.4 feet West of South Quarter
comer of Section 13, thence North 650.5 feet, thence South 53 ° 47' West 123.75 feet,
thence North 89° 13' West 104 feet; thence South 45° 38' West 140.3 feet; thence South
30° 02' West 90.3 feet; thence South 09° 28' East 109.6 feet; thence South 15° SI' East
38 feet; thence East 185 feet to stake; thence South 259 feet to South line of said Section
13; thence East along said Section line 136 feet to point of beginning, County of
Jefferson, State of Colorado.
4. Case No. ZOA-97-2• An application by the City of Wheat Ridge for approval of an
amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to
Commercial Mobile Radio Facilities.
Marilyn Gunn, Recording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: May 16, 1997
Transcript
4-Case ?vo ~r q 7 • qn application
by the City of Wheat-Ridge for approval
of an amendment to Section 26-30
(T)(9) of the Wheat Ridge Code of
Laws pertaining to Commercial Mobile
Radio Facilities.
Marilvn nn _ _ - _
Marilyn Gunn, Recording Secretary
ATTEST:
Wanda Sano _ _ _
Wanda Sang, City Clerk
Wheat Ridge Transcript 3547-97
Published Mav 76 1997
~,~la~
Planning Commission Minutes
• June 5, 1997
Page 9
dependent upon unique site and/or building site and/or building improvements to
accommodate the use but is highly dependent upon proper management to ensure
that operational aspects of the use..."
Motion tamed 5-3 with Commissioners CERVENY, BRINKMAN, and GRIFFITH voting no.
D. Case No. 70A-97-2: An application by the City of Wheat Ridge for approval
of an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws
pertaining to Commercial Mobile Radio Facilities.
Commissioner SNOW motioned, Commissioner RASPLICICA seconded, "that Case No. ZOA-
97-2 and application by the City of Wheat Ridge for approval of an amendment to Section 26-30
(T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities be
forwarded to the City Council with a recommendation fot APPROVAL."
Motioned carried 8-0.
8. CLOSE PUBLIC HEARING
9. OLD BUSINESS
10. NEW BUSINESS
Commissioner THOMPSON suggested reviewing the horsepower standards and high tech
businesses. She felt many may have a low impact on the area and she would like to know
whether or not these uses should be allowed in commercial areas. She stated she would like other
cities to be polled, review of their rational, and what high tech businesses entail.
A motion was made by Commissioner THOMPSON, seconded by Commissioner CERVENY to
review these items. Motioned carried 8-0.
Commissioner CERVENY requested copies of CPRC Minutes and Neighborhood Meeting
comments. Commissioner SNOW provided Commissioner CERVENY with an update of what
has been happening. Minutes aze currently being sent to the Ce*^*^~~~ion and City Council,
however, there was discussion by the Commission to take time to discuss them during
Commission Study Sessions. In addition, Commissioner CERVENY requested copies of
information from the neighborhood meetings and goals and objectives. Commissioner
CERVENY stated concerns regarding the CPRC regarding dissemination of information, and
ability to reach consensus on various items. Commissioner SNOW stated that she did not receive
the agenda for the week in question and therefore could not approve or change it. She stated that
• the Committee thought they were going to present the density issue and Staff thought they were
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 YY I6eat
Telephone 303/ 237-6944 Ridge
FAX 303/234-5924
August 18, 1997
TO:C~}}'ty Council
FROM: ~IVleredith Reckert, Senior Planner
RE: -Case NO. ZOA-97-2
Please find attached proposed language prepazed by the City Attorney to be added to
the City's newly adopted CMRS(Commercial Mobile Radio Service) legislation
approved pursuant to Case ZOA-96-6. Staff and Planning Commission have the
proposed change and have problems or corrections.
Suggested motion: "I move that Council Bill NO._ an amendment to section 26-
30(T)(9) of the Wheat Ridge Code of Laws relating to Commercial Mobile Radio
Systems be approved on first reading, ordered published, public hearing be set for
Monday, September 22, 1997, at 7:00 p.m. in City Council Chambers, Municiple
Bldg., and if approved on second reading take effect 15 days after fmal publication.
WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -4-
Mrs Dalbec had concerns about Council Bill 40 and asked that this not be postponed. Mrs
Worth amended her motion to postpone Council Bills 41, 42, and 43, carried 8 -0
Motion by Mrs Dalbec to postpone Council Bill 40 until the first item after the break and
allow Mr Dahl to work on a revision regarding an exemption for existing property owners,
motion died for lack of second
Motion by Mrs Worth to postpone Council Bill 40 to the same Study Session as Council Bills
41, 42, and 43, seconded by Mr Solano, carried 8 -0
Item 4. Council Bill 44 - An Ordinance amending the Code of Laws relating to
Commercial Mobile Radio Facilities in the City of Wheat Ridge
Council Bill 44 was introduced on first reading by Mr DiTullio, title and summary read by the
Clerk.
Motion by Mr DiTullio that Council Bill 44 be approved on first reading, ordered published,
public hearing be set for Monday, September 22, 1997 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 Solano, carried 8 -0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5. Resolution 1619 - referring a ballot question to the voters of the City at the
November 4, 1997 General Municipal election, concerning an increase in the
sales and use tax rate for purposes of construction and operation of a
Recreation Center
Resolution 1619 was introduced by Mr Siler; title and summary read by the Clerk.
John Jerman spoke on behalf of Wheat Ridge United Neighborhoods, they are concerned
about the wording of the ballot title They recommend that the actual full cost of the project
be in the ballot title to fully inform the voters
Motion by Mr Siler for adoption of Resolution 1619; the total amount to be $12,350 00;
seconded by Mrs. Worth, carried 7 -1 with Mrs Fields voting no Mrs Fields is not against
the recreation center, but she feels people need to know the exact cost, which is over 17
million dollars