HomeMy WebLinkAboutZOA-94-5~, ,CITY COUNCIL MINUTES: November 14, 1994
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Item 4._ . Council Bill 65 - An Ordinance providing for the approval of rezoning from
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Residential-One (R-1) and Residential-Three (R-3) to Planned Residential
Development (PRD)and for approval of an Outline Development Plan on land
located at 3701 Quail Street, City 'of Wheat Ridge, County of Jefferson, State of
Colorado.
-(Case No: WZ-94-6) (John and Julie Batug)
(Continued from August 8, 1994)
Council Bill No. 65 was introduced on second reading b}i Mr. Siler; title read by the Clerk.
Mr. Gidley stated that Case No. WZ-94-6 is back before City Council only for the purpose of
setting a public hearing date. Council Bill No. 65 was previously before City Council on
second reading and the case was continued for the purpose of allowing the Board of
~- Adjustment to hear the Flood Plain special exception issue. The Board of Adjustment heard
-the issue at a public hearing and approved the special exception to the Flood Plain to
ultimately allow for development of this property, and because the case was not posted and
published for, a public hearing tonight, a public hearing date needs to be set so the case can
be republished and post the property and not'rfy adjacent property owners for a full public
hearing.
- Motion by Mr.' Siler that a Public Hearing be set for Council Bill No. 65 on Monday,
December 12th, at 7:00 P.M., in the City.Council Chambers Municipal Building, and 'rf
approved on second reading, take effect 15 days after final publication; seconded Mr.
Solano; carried 7-0.
Item 5. -Council Bill 73 - An Ordinance amending the.Zoning Ordinance of the Code of
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Laws of the City of Wheat Ridge relating to_ Special Uses.
Council Bill No. 73 was introduced on second reading by Mrs. Behm; title read by the Clerk.
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Mr. Middaugh stated that a mistake was discovered •in Council Bilf No. 73 as presented fo
City Council, and requested-that the ordinance be tabled because it contains only a part of
- what needs to be in an Act
to cover all of the Special-Uses.
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Mr. Middaugh presented a corrected draft ordinance to Council, and requested that Council
consider it on first reading December 12, 1994.
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Motion by Mrs. Behm to table Council Bill No. 73, seconded by Mr. Eafanti; carried 7-0.
Mr. Edwards questioned the reason for departing from normal Council procedures and asked
why this item was not placed do the agenda at the beginning of the meeting, and requested
- -an_ i_nterpretation of the rules., Because anything that is added to the agenda needs to be
brought up at the beginning of the meeting.
~..,.L_ . ~~ -CITY COUNCIL MINUTES: November 14, 1994 Page 7
•Motion by Mr. Edwards to suspend the rules and add to the Agenda Item 5A, An Ordinance
~~ ~ Amending the Zoning Ordinance of the Code of Laws of 'the City of Wheat Ridge relating to
Special Uses; and Item 5B, An Ordinance providing for aone-half cent increase in the City's
- Sales and Use Tax for purposes of expanding and renovating the Police Department building
_ and replacing the Police Department's Communication System; seconded by Mr. Solano;
parried 7-0.
-Item 5A. Council' Bill 78 -. An Ordinance Amending the Zoning Ordinance of the Code of
_Laws of the City of Wheat Ridge Relating to Special Uses.
Council Bill No. 78 was introduced by Mrs. Behm on first reading; title read by the Clerk
Motion_by Mrs. Behm that Council Bill 78 be approved on first reading, ordered published,
public hearing be set for Monday, December 12, 1994 at 7:00 p.m. in City Council
Chambers, Municipal Building, and 'rf approved on second reading, take effect one (1) day
after final publication; seconded Mr. Eafanti; carried 7-0.
Item 5B. Council Bill 79 - An Ordinance providing far cone-half cent increased in the City's.
~~Sales and Use Tax.for purposes of expending and renovating the Police Department Building
and replacing the Police Department's communication system.
Council Bill_No. 79_was introduced by Mr. Edwards on first reading; title read by the Clerk.
Motion by Mr. Edwards that Council Bill 79 be approved on first reading ordered published,
public hearing be set for Monday, December 12, 1994 at 7:OO.p.m. in City Council
_ Chambers, Municipal Building, and if approved on second reading, take effect immediately
upon passage; seconded by Mrs. Worth; carried 7-0.
Item 6. Council Bill 75 - An Ordinance. amending the Zoning Ordinance
of 4he Code of Laws of 4he City of Wheat Ridge relating to Pawn Shops.
Couricil Bill No. No. 75 was introduced on second reading by Mr Solano title read by the ,
....: ~~•Clerk; Ordinance-No.-981 'assigned. ,~,~,~ :~,,~ _ ,. _a.~:..,.,,- .,.,,,, ._~_,. ~~..,,.~~rz:,
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' Motion by Mr. Solano for approval of Council Bill No. 75 (Ordinance No. 981); seconded by
Mrs. Behm; carried 7-0.
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ORDINANCES ON FIRST REA®ING _
- Item 7. Council Bill 74 - An Ordinance amending the Zoning Ordinance of the Code of
Laws of the City of Wheat Ridge relating to Day Care Centers.
1
Council Bill 74 was introduced on first reading by Mr. Eafanti; title read by the Clerk,
Nancv Snow, 11155 W. 40th Avenue, asked that Council discuss during a Study Session if
the Ordinance should really be changed; do they want daycare centers of all sizes iri every
neighborhood; 4his should not be done lightly; groundrules should be set; parking details
need to be addressed; absolute criteria is necessary.
AGENDA ITEM RECAP
QUASI-,nmICIAL 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: A Council Bi11 for an Ordinance to amend Wheat Ridge
Code of=laws, Zoning Ordinance, Section 26-6 (B) Special Uses '
SUMMARY/RECOMMENDATION: Based upon a recent District Court decision, the
manner in which our current Special Use provisions were adopted was in
error.-- This Council Bill corrects the perceived legal deficiency.
Staff.-recommends approval.
A"1""1"HI:lYD'USLV"1"~7" :
1) Council Bill No.
2)
3)
BUDGETED
ITEM
Yes No
Fund
Dept/Acct #
Budgeted Amount ~
Requested Expend.,
Requires Transfer/
Supp. Appropriation
SUGGESTED MOTION:
Yes No
I move that Council Bill be approved on first reading, ordered published,
public hearing be set for Monday; ,'1994, at 7:00 p.m. in City
Council Chambers, Municipal Building, and if approved on second reading take
effect one (1) day after final publication.
INTRODUCED BY COUNCIL MEMBER _
Council Bill No. ORDINANCE NO.
Series of 1994
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
SPECIAL USES.
BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Wheat Code of Laws, Chapter 26-6.(B) Special Uses is hereby
repealed arid reenacted as follows:
(5) CITY COUNCIL REVIEW. CITY COUNCIL SHALL REVIEW AND
DECIDE UPON ALL REQUESTS FOR SPECIAL USES UPON
RECOMMENDATION OF PLANNING COMMISSION FOR APPROVAL
OR UPON APPEAL BY AN APPLICANT OF A RECOMMENDATION
FOR DENIAL BY PLANNING COMMISSION. SPECIAL USES MAY
ONLY BE APPROVED BY PASSAGE OF AN ORDINANCE,
FOLLOWING THE CITI('S STANDARD ORDINANCE ADOPTION
PROCEDURES. NOTICE OF PUBLIC HEARING SHALL BE IN THE
MANNER PROVIDED IN SUBSECTION 26-6(F)(1). CITY COUNCIL, IN
ADDITION TO CONSIDERATION OF THE PLANNING COMMISSION
RECORD, SHALL HEAR ADDfIIONAL EVIDENCE AND TESTIMONY
PRESENTED, AND EITHER PASS, PASS WIfH MODIFICATIONS, OR
DENY THE ORDINANCE, RS DECISION BEING BASED UPON ALL
EVIDENCE PRESENTED, WITH DUE CONSIDERATION OF THE
CRIfER1A FOR REVIEW.
IN THE EVENT OF A PROTEST AGAINST SUCH SPECIAL USE
PERMIT, SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR
MORE OF THE AREA:
(A) OF THOSE IMMEDIATELY ADJACENT TO THE REAR OR ANY
SIDE OF THE PROPERTY, EXTENDING ONE HUNDRED (100)
FEET FROM THE PROPERTY; OR
(B) OF THOSE DIRECTLY OPPOSITE ACROSS THE STREET FROM
THE PROPERTY, EXTENDING ONE HUNDRED (100) FEET
FROM THE STREET FRONTAGE OF SUCH OPPOSITE
PROPERTY.
Ordinance No.
Series of 1994
Page 2
SUCH SPECIAL USE PERMITS SHALL NOT BECOME EFFECTIVE
EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF THE
ENTIRE CITY COUNCIL. WHERE LAND WHICH IS ADJACENT OR
OPPOSffE, AS DEFINED ABOVE, IS OWNED BY THE CfTY OF
WHEAT RIDGE, SUCH PROPERTY SHALL BE EXCLUDED IN
COMPUTING THE REQUIRED TWENTY (20) PERCENT, AND OWNERS
OF NONCITY LAND WITHIN THE ONE-HUNDRED-FOOT LIMIT, AS
DEFINED ABOVE, SHALL BE CONSIDERED ADJACENT OR
OPPOSITE DESPITE SUCH INTERVENING CITY LAND. THE
WRITTEN PROTEST TO SUCH SPECIAL.USE SHALL BE SUBMITTED
TO THE CffY COUNCIL NO LATER THAN THE HEARING ON THE
PROPOSED SPECIAL USE PERMIT.
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 the application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgement
shall not affect, impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard
established by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge, which are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede and prevail.
Section 5. This ordinance shall take effect one (1) day after final publication.
INTRODUCED, READ, AND ADOPTED by a vote of to _ on this _ day
of , 1994, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge.
Ordinance No. Page 3
Series of 1994
SIGNED by the Mayor on this day of , 1994.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication: .
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
c:~wp60~o rd~specuses.ord
KATHRYN SCHROEDER, CITY ATTORNEY
~'V~-0~
INTRODUCED BY COUNCIL MEMBER BEHM __
Council Bill No. ~$ ORDINANCE NO. 985
Series of 1994
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Wheat Code of Laws, Chapter 26-6.(B) Special Uses is hereby
repealed and reenacted as follows:
"(B) Special Uses: Special uses are discretionary uses which are clearly
shown to be void or deficient in an area,-and which if properly
designed, developed, operated and maintained, may be approved for
any specific location within a zone district wherein the special use is
enumerated. Special Uses are highly dependent upon proper
design, management and operational aspects, therefore such uses
must be considered as a personal grant of use, granted to the owner
of the special use and not as a grant of a vested property right
which transfers with the land or lease. The only time a Special Use
Permit may be transferred to a new owner without re-applying for
approval is through inheritance by an heir. The primary issues
which planning commission and city council shall address are those
related to justification of need and those special design and
operational considerations which mitigate potential detrimental
impacts of a special use on surrounding land uses, the street
system, or public services or facilities. In order to protect the public
interest, planning commission and city council shall have the right
to approve, approve with modifications or deny a special use
request, and to revoke previously approved special use permits
pursuant to subsection (6) hereof.
(1) Applicability. The requirements of this subsection shall apply to all
uses listed as "Special Uses" within the provisions set forth for any
particular zone district.
Ordinance No. 985
Series of 1994
Page 2
(2) Application form and review procedures:
(a) Prior to submitting any application for a special use permit,
the applicant shall be required to hold a neighborhood input
meeting. (See subsection (F)(1) for requirements.)
(b) Special use applications shall be originated only by the
prospective owner of the proposed special use, with written
approval of the fee owner of the property in cases where the
owner of the property is different than the owner of the
proposed special use. Both the special use owner and the
land owner, or their legal representatives, must be present at
all public hearings.
(c) Application shall be submitted on forms provided by the
department of planning and development, and shall be
accompanied by a copy of the property deed, a certified
survey, and a fee of one hundred dollars ($100.00).
(d) All applications shall be accompanied by a site development
plan and additional written information in sufficient detail to
convey the full intent of the applicant in developing, operating
and maintaining the special use. The site development plan
shall meet the following minimum requirements:
1. Sheet Size: 8.5 X 11 inches minimum.
2. Scale and north arrow.
3. Property boundaries and lot lines with dimensions.
4. Existing and proposed public streets rights-of-way,
public easements, irrigation ditches, drainage ways and
other easements affecting the site.
5. Existing and proposed public improvements within and
adjacent to the site including curbs, gutter, sidewalk,
street pavement, drainage improvements, street lights,
etc.
6. Existing and proposed street access points or curb cuts
and dimensions thereof.
7. Proposed site development elements, including general
building envelopes, landscape/open space buffers,
parking and loading areas, and outside work, storage or
display areas.
8. Site data table including gross and net lot area,
maximum building coverage, maximum floor area of
buildings, landscape/open space area, parking area,
maximum building height, etc.
Ordinance No. 985 __ Page 3
Series of 1994
(e) Upon receipt of a complete application packet as described
above, the planning and development department shall
proceed with the following process:
1. Refer the application to affected public agencies for
review and comment.
2. Within thirty (30) days of acceptance of a completed
application packet, give notice of a scheduled public
hearing on the application by newspaper publication,
letter notification and posting in the manner as provided
in subsection (F)(1).
3. Prepare a written report and recommendations to the
planning commission which evaluates the proposal and
makes findings using the following review criteria set
forth in subsection (3) below.
(3) Criteria for review. Before a special use is approved, the applicant
shall show, and the planning commission and city council shall find,
the proposed special uses:
(a) Will meet a proven public need in that it will fill a void in
necessary services, products or facilities especially
appropriate at the location proposed, considering available
alternatives.
(b) Will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or
working in the neighborhood of the proposed use.
(c) Will not create or contribute to blight in the neighborhood by
virtue of physical or operational characteristics of the
proposed use.
(d) Will not adversely affect the adequate light and air, nor cause
significant air, water or noise pollution.
(e) Is consistent with the comprehensive plan.
(f) Will not result in undue traffic congestion or traffic hazards, or
unsafe parking, loading, service or internal traffic conflicts to
the detriment of persons whether on or off the site.
(g) Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to
be in harmony and compatible with the character of the
surrounding areas and neighborhood, especially with adjacent
properties.
(h) Will not over burden the capacities of the existing streets,
utilities, parks, schools and other public facilities and
services.
Ordinance No. 985
Series of 1994
Page 4
(4) Planning commission review: The planning commission shall hear
and consider any evidence or statement presented by the applicant,
city staff, or by any person in attendance at the hearing. The
planning commission shall then make a recommendation to city
council to approve, approve with conditions or deny the application,
basing its recommendation upon the facts presented in the public
hearing in consideration of the criteria for review as specified in
subsection (3} above. Planning commission may recommend
conditions or stipulations, which may include physical design as
well as operational and maintenance considerations, upon the
special use in addition to standard development and use regulations
which apply within a particular zone district or for a similar
"permitted use". Such conditions or stipulations may be
recommended in order to ensure compliance with the criteria for
review, which, if not complied with, shall be grounds for revocation
of the special use. A recommendation for denial shall be considered
final, unless the applicant files an appeal to city council.
(5) Citv Council Review. City council shall review and decide upon all
requests for special uses upon recommendation of planning
commission for approval or upon appeal by an applicant of a
recommendation for denial by planning commission. Special uses
may only be approved by passage of an ordinance, following the
City`s standard ordinance adoption procedures. Notice off public
hearing shall be in the manner provided in Subsection 26-6(x(1).
City council, in addition to consideration of the planning commission
record, shall hear additional evidence and testimony presented, and
either pass, pass with modifications, or deny the ordinance, its
decision being based upon all evidence presented, with due
consideration of the criteria for review.
In the event of a protest against such special use permit, signed by
the owners of twenty (20) percent or more of the area:
(A) Of those immediately adjacent to the rear or any side of the
property, extending one hundred (100) feet from the property;
or
(B) Of those directly opposite across the street from the property,
extending one hundred {100) feet from the street frontage of
such opposite property.
Ordinance No. 985
Series of 1994
Page 5
Such special use permits shall not become effective except by the
favorable vote of three-fourths of the entire city council. Where land
which is adjacent or opposite, as defined above, is owned by the
City of Wheat Ridge, such property shalt be excluded in computing
the required twenty (20) percent, and owners of noncity land within
the one-hundred-foot limit, as defined above, shall be considered
adjacent or opposite despite such intervening city land. The written
protest to such special use shall be submitted to the city council no
later than the hearing on the proposed special use permit.
(6) Enforcement. all conditions and stipulations imposed by city
council shall be maintained in perpetuity with the special use. If at
any time the stipulations or conditions are not adhered to or are
found to have been materially altered in scope, application or
design, the zoning administrator shall notify a code enforcement
officer of the nature of the violation(s) and the code enforcement
officer shall investigate, and if appropriate, initiate revocation
proceedings which shall include the following:
(a) Notice of violation following procedures as set forth for
Nuisances pursuant to Wheat Ridge Code, Chapter 15.
(b) Upon a finding of noncompliance by a Code Enforcement
Office after the prescribed correction date, the Zoning
Administrator shall schedule a revocation hearing before the
City Council. Such revocation hearing shall be set by City
Council after 1st reading of an ordinance therefore. The
purpose of the revocation hearing shall be for the City Council
to hear evidence concerning the nature and extent of the
alleged noncompliance with the conditions of the Special Use
Permit. The Council shall have the power, upon good cause
being shown, to cancel or revoke the previously issued
Special Use Permit, to require certain corrective measures to
be taken, andJor to direct the City's agents to enter upon the
premises and take corrective measures required by the City
Council, and to modify the conditions which apply to the
Special Use Permit. Any revocation action shall become
effective fifteen (15) days after final publication of the
ordinance. Any other action shall require a continuance of the
public hearing to a specific future date, and a motion
stipulating the specific corrective measures that are to be
accomplished either by the special use owner or by an agent
of the City within that time period. Upon the date of the
continued hearing, should the Council find that the conditions
Ordinance No. 985
Series of 1994
Page 6
and stipulations have not been satisfactorily met, Council
shall adopt the revocation ordinance."
(7) Nonconforming Special Uses:.
Notwithstanding the provisions of this zoning Code Section 26-7.
Nonconforming lots, uses and structures, any special use which is
nonconforming to the provisions of this Section 26-6(B) by way of
not having received approval of a Special Use Permit under prior
rules and procedures shall terminate, or shall otherwise become
conforming to these provisions, within five (5) years of the date that
such nonconforming status became effective. (n addition, within this
five (5) year amortization period, no nonconforming special use shall
change ownership without coming into conformance with this
Section 26-6(B). All other provisions of Section 26-7 shall apply.
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. Severability- If any clause, sentence, paragraph, or part of this
ordinance or the application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgement
shall not affect, impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. Supersession Clause. If any provision, requirement or standard
established by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge, which are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede and prevail.
Section 5. This ordinance shall take effect upon passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~_ to ~_
on this 14th day of November , 1994, 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 n rP~ tuber i? , 1994, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Ordinance No. 985
Series of 1994
Page 7
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ~_ to 0 ,this 12thday of November , 1994.
SIGNED by the Mayor on this 13th day of December , 1994.
,~
Wanda Sang, City Clerl~
1st Publication: November 24,
2nd Publication: December 22,
Wheat Ridge Sentinel
Effective Date: December 12,
c:\wp6U\ord\specuses.ord
/_~( ~
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY.ATTORNEY
,~
KATHRYN SCHROEDER, CITY ATTORNEY
1994
1994
1994