Loading...
HomeMy WebLinkAboutZOA-95-6-AR 29 '% i©:2t3 GEOLOGY & MFNING - --P.1 fi0= GLB~/ ~Z7i/9G l~• ~$~ Ydc.H~FDw.A'~t~~~``tt ~P~-~*"'~l~ n`~"ir-'7r~r7o~l~ '~'s,~iEav~carr~s some c~ ~lr~..i'~T i~J.i ~it` TiLi~ii. 7.11 j~v ~.'.~ a~+~.. ~r.`...~i .Y•.. ~:L ~ ~~~ ~~~~~ !'_. n•"t, •i1r`~ T ``t t"Tlf~ \.T ~ t rf1?lr^.e.~r ~ 21 c3i33 11.L'J117 L'.r 1.~YL 1'IY tJ:~ 1_'1... ~Si1J 3. L111 [ 3?3 I:SC ~s'QCBI~~D Li ~ r o~ `"vi-ir_A? Rivir. ~'t:~- ~at_~1~%t. ~.~•. sj~~ p$T!'1'/O~to~ inili:ltrc! ~~ r :\aca 4aV.tnan~;11'h~~as'i:e!~e ret:i::ent .. • • SO~'~TZ Feiaruafv 1$, li'3~ 3j d1 i .- ii~d iiiQ llllu~:i ai ~Yi~•~ i~oi.i~ii~.Y+ii ~Zild:ii \i.ir~J YT:~i.i.~ii iiiJ +v .i~:.ii uric.: ~ u. ~.viyiC.~i .iliu iii. pl:!['.111:1~1 ~'! L•>ti'ri2 D~:n:v[rtcn[s Cor ills elimi .ata~?!t Jt RCC7C11'.UASI UC~taL~~~ O7 ..x`. ,~. SSCffi _ fsLi3ii:<uriu iisii:Lu v! iia ::i.: fC ;i.taliiAl .~~:-i uv:ri.:ii'.':i :ii +Sa: 3'u AJ:. iii~.~ui.ii .i::~:.::: :~.-• iii i.::i:~':ii::i~ ai::ai. W~: `J~:WC., ii... ^iLSCaC~ QT t:ICP.: 1Z 1.°< ~;:i.:'/ai14 :?Ui iiOl?i :.iii: .,.'h .%:~ ~~:=i86C:: .?i ~itC9i.; uv$:w..u.... _... w ....... - U. w.........w.. 3.....):J :aiu iuvw. .......~_ ....... .. ~ .:y::.::a a oti~re7c and nea;~,'±~ x'`71 .2 i:;;1t CS(atC. ~tlli :1ZI:'.:C' :i:?T :h2 ?C^t:..! :lr,^e^S'+::~_ ?:' 11:7 ~:,r..n:u211tS'. Aad tbernfore coavtituu a public nuisanca. ?2iw7"V."a7^~ a~~re.`_ `i~:• f:Ua:a t ' 1~! /~1.~/~k~/''l~<c'"?,,..~,tl IC''ZS's~T3-z3~AY~ ~J~, t'"'.~.._~ `%~~ 2;ia.~.r..~:f~- `r ~+_ -_~- l r~31-5`Ll~.:-~.~l,L.t...~C~JI•}-~l~zti 13i Idj 1=;~ 16'1 !-•, loi 14~ 21) ~„ ~L~ 23? ~= a;. 25) ,~~ 27j, ?Sl _r._>gc~ Ko..____ .: ~ ': f /tom ^ -J •95 ~, /P-,~/a+ _~-lFs9F, '- ~y ..i ~ =!$-qS ~, __.._~-~y~s - -~-- ?-r ~ .45 T / u Tu a_c. ',r2elitS4'Iw(Cj. ~~5~, ~_...3 ~' y~r --,5-~-'may--- = -ram- y r - ~ ~ JAN Z9 '% 1021 GEOLOGY & MINING ~a~Z, `- P' ~~~' -~..~s. -~ ! .I ~~ "'-. ., r.i.: _. ..._ • ~:' __ ._ .i > -'./fir: -. ~~ ~'~ ~ L:'Q,:. r 1'1 ._ _: -',7U' M.iIC- ~ 44rii- 17 .v ~.'~....: ,~.. -' ~~ r~7-,r..•.W~'- .3~ I' 7.rFlt LRS~.c v i~ktij ~Y 37 °'...%S ~C~ ! "f~:iG•i'.../ °-~~~-' ~ ?I,•4f/> ~~ __ ~:'~o-.',-" !L• t+'/if.jL'!1 IOj7G~,w_~''~:jtG'%16_'~ :.c.J~„J {1z°l. 7.L C "; a...'6 .i':(;~.L.C.Cir ~.'.. ~rl"Cl~~y~ ... 1C~ ~G ~ .~rr~ C..! ~ r., ~~^: `Cb'cL.; 31 :' .G~i /1~i.':5 j ~/4/ • 3.rv,~c~cl/~/~/rat.-_. /~`%~~ . ' ~~ .~~.r L„1/CJL•~i ~.. ~/I.J.I) 1~~alyl~ir.'. ~ \~J-,~J. ~`K ~~_~'~'~{rc~'JC ....~~ (`'~rra~F..,. __ ~ zF. 1 ~ ---._-• --- --F... ~--- - 3 /.f? CCC^~ . (._ ?t[LNSc:+•_. `7C~,z,S _4L_'~.~ J_ ~._R.. ~ :Cj~ x-tY... %~`~7 ~ _ ~~. 1 ~ ~/!Y' `A_ 41)j ~7 •. x'11.1 .: a1. _- i~-'!C'L_.L•v~..~ J:-~ --~';~--~• ----.~ :1-~l. - __ _ ~ 1 Z,. ... _ _, , ~~ C ti --.-.: ._.rl ask s=~. _~ • f%rr~ ~' :L.Gn4 ... .. t ~7)_ 6ts)~ 6~`Y 7U t ~3~~ v~~ ~~ .,t 6ij 6'_1 G;~ 6,) t G 6~i 71;~ 72 ~3i~ gY fl GaRSUCH KIRGIS L.L.C. ATTORNEYS AT LAW $[IITE 1100 1401 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEeHONE (303) 299-8900 FAx (303) 298-0215 MAILING ADDRESS P.O. Box 17180 DENVER, COLORADO 8OZI7-O1HO November 17, 1995 GERALD E. DA}tL D[RECT DtaL: 303-299-8930 Mr. Glen Gidley Director of Planning & Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215 Re: Special Area Restriction Districts Dear Glen: CITY OF WHEAT R1DGE _C~~nn nr~t~ z. 1 1~€QV2'u' 1~~ ~~ ;~~ j~ ~ ~, PLANNING ~& Thanks for the opportunity to review the referenced ordinance. I have made a number of revisions, which are shown on the enclosed redline. A clean copy and disk are also enclosed. Let me know if my suggestions raise questions. Yours truly, KIRGIS L.L.C. GED/pv Encs. GHD\53027\125832.1 INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1995 TITLE: AN ORDINANCE AMENDING SECTION 26-30(K) OF THE CITY OF _ WHEAT RIDGE CODE OF LAWS CONCERNING OVERLAY ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Chapter 26, Article I, Section 26-30 (K) of the Wheat Ridge Code of Laws, entitled !'Overlay Zones" is hereby amended to read as follows: CHAPTER 26 ZONING AND DEVELOPMENT ARTICLE 2. ZONING CODE. Section 26-30(K) Overlay Zones (1) Purpose. This section 26-30 (K) is enacted for the purpose of regulating the uses of property, and design and the development criteria applicable to properties, within areas designated as a "multiple use area" and/or an "activity center" within or upon the Comprehensive Development Plan of the City of Wheat Ridge and within areas designated by ordinance as Special Area .Restriction (SAR) overlay districts. (2) Multiple Use/Activity Center Areas. Because the Comprehensive Development Plan defined "multiple use" as including "a mix" of residential, office and retail/ commercial uses, and because "activity center" constitutes properties of significant development potential, some of which uses and developments may be incompatible with neighboring or adjoining properties and/or uses, imposition of design standards and the authority, in certain cases, to limit uses otherwise provided in underlying zoning districts is deemed necessary and proper by the City of Wheat Ridge in order to maintain the right and authority of the city to provide for orderly and necessary development while being sensitive and responsive to the legitimate needs and concerns of surrounding and adjoining property owners and residents. -(~~ Within any area designated as a multiple use area or an activity center upon the Comprehensive Plan, site plan approval. shall be required prior to final approval of any rezoning, final development plan or special use permit. The planning commission and the city council GED\5302]\139367.1 Ordinance No.. Page 2 Series af_1995 shall review site plans which comply with the requirements of section 26-6(E)(1) for a Type I site plan, and shall review proposed uses within said areas so as to determine that such uses as proposed, and design criteria within such development as proposed, are compatible with other uses made, and design criteria utilized, within the neighborhood and the surrounding area. Uses provided for in underlying zone districts may be limited, modified or eliminated, and/or additional design criteria may be imposed upon the expressed finding by the planning commission and/or city council, based upon evidence deemed persuasive by the city council and adequately appearing in the record of a public hearing before either the city council or the planning commission, that the uses limited, nr the design criteria modified, are incompatible with uses made upon surrounding properties; or-that such uses as proposed would create excessive traffic,. noise or air. pollution; or that such uses or-project design would result in a density or intensity of use which would be deleterious to the stability and integrity (both economic and aesthetic) of the surrounding area. Nothing contained herein shall divest any property owner of any uses by right granted by underlying zone districts or existing by virtue of zoning on property as of September 1, 1986, except upon review of rezonings, final development plans, and special use permits as specified herein; provided further, that nothing contained herein shall require submission of a site plan prior to the development of single-family residential units in any area which carries a zoning designation of R-1, R-lA, R-1B, R-1C or R-2. (3) SPECIAL AREA RESTRICTION DISTRICTS: Special Area Restriction (SAR) districts are intended to respond to the specific needs sad desires of a super-majority of citizens within a described residential neighborhood - regarding zoning use and development regulations. IInder this process, two-thirds of the owners of land within a specifically defined neighborhood may petition the City to adopt more restrictive use and development standards than those imposed by the underlying residential zone districts. The additional restrictions must be very specifically described and could include, but sot be limited to, recreation vehicle parking, keeping of large animals, height, of buildings, building setbacks, etc. GED\53027\138367.1 Ordinance No. Page 3 Series of 1995 Any neighborhood desiring to exercise Special Area Restrictions must meet the following criteria and follow procedures as described below. a. Geographic Delineation: The land area proposed to be included within the SPECIAL AREA RESTRICTION DISTRICT must be described by boundaries which include entire parcels or lots, which include a minimum of five (5) parcel ownerships, which includes all residentially zoned properties within the described area, and which is comprised of a minimum of five acres for the SAR district. b. Petition Required: A notarized petition requesting formation of a SPECIAL AREA RESTRICTION Overlay District specifying the intended special restrictions, signed by two-thirds (2 /3) of the owners of land contained within the proposed district, shall be submitted to the City Clerk. Upon verification that a two-thirds majority of owners are in favor o£ the specific restriction or restrictions proposed, an ordinance shall be presented to City Council for 1st and 2nd reading and public hearing. All owners of land within the proposed SAR district shall be notified of the public hearing (2nd Reading} on the proposed ordinance by certified mailing, and by notice published in a newspaper or general circulation in the affected neighborhood. City Council may approve the proposed ordinance if Council finds compliance with this subsection and provided that 'said restrictions are not prohibited by the State or Federal Constitution. City Council may deny the proposed ordinance for any reason or for no reason. c. Enforcement: Upon adoption of a SPECIAL AREA RESTRICTION Overlay District ordinance, such restrictions shall be enforceable as if said restrictions were set forth in the Zoning Ordinance, Chapter 26 of the Vrheat Ridge Code of Laws. Amendment or revocation of said restrictions shall require a similar 2/3rds majority petition, and amendment or revocation by ordinance in the same manner as said restrictions ware established. 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 GED\53027\138367.1 Ordinance No. Series of 1995 Page 4 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 relationship to the property legislative objective 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 adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other ordinance or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of Repeal or Modification. The repeal or modification of any provision of the Code. of Laws of the City of Wheat Ridge by this ordinance shall not release, extinguish, alter, modify, or change in-whole or in part-any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as-still remaining in _force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which. can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Effective Date. This Ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of 1995, 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 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 to this day .of , 1995. SIGNED by the Mayor on this day of 1995. GID\53027\138367.1 Ordinance No. Page 5 Series of 1995 Dan Wilde, MAYOR Wanda Sang, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY Gerald E. Dahl, CITY ATTORNEY Schroeder, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: c:\wp60\ord\overlay.ord G®\53027\136367.1 - < , 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 Februaxy 1, 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 petitions --- shall be heard: 1.- --Case No. WS-96-1: Ari application by Stephen Elkin.-for Applewood Reserve Venture for approval-of a resubdivision of property known as Distinctive Addresses at Applewood _ Subdivision located at 10701 West 32nd Avenue.' Said °° property is legally described as follows: Commencing at the Southeast corner of the-SE 1/4, of the NW 1/4 of Section 28, T3S, R69W, of the 6th P.M., Theme N00°19'09"W along--the East line of said SR.1/4, of the NUT 1/4, a distance of 21.00 feet to the Point of Beginning; thence continuing - - - N00°19'09"W along said East line 9.00 feet; thence S89°19'55"W and parallel to the .South line of said SE 1/4, of the NW 1/4 a distance of 64.19 feet; thence N00°20'26"W a distance of 13.0:00 feet; thence 589°19'-55"W a distance of 100..0.0 feet fo a point on the West line of the East 1/2 of Tract 17, Brookside Subdivision, said point-also being the Southwest corner-of Lot 27, Distinctive- Addresses at Applewood; thence N00°20'26"W along said West line, a distance. of 203:56-.feet to-the Northwest corner of Lot 26, said Distinctive Addresses at Applewood;.. thence N89°16'23""E along the North line of Said Lot 2"5, a distance of 139..04 feet to the Northeast corner of said Lot 26, said point also being on the westerly right-of-way line of Oak Street; thence N00°18'22"W along said westerly right-of-way line, a distance of 91.00-feet; thence leaving said westerly right-of-way line, N89°16'23"E a distance-cf 190.00 feat-to.the Southeast corner of Lot 9, said Distinctive Addresses at Applewood; thence N00°18'22"W a distance of 4_OO feet to a point on the North line of-Lot 1, said Distinctive Addresses at Applewood; thence N89°16'23"E along said North line of Lot 1, a distance of y40.00 feet to the Northeast corner of said-Lot 1, said point also. being on the westerly right-of-way line of Nelson Street; thence S00°1.8'22"E along said westerly right-of-way line, a distance of 423.14 feet_to a point of curvature; thence 23:47 feet along the arc of a -curve to the right having a central angle of 89°38'18", a radius of 15..00 - feet, and whose chord bears S44°30.'47"W, a distance of 21.15 feet - to a point on the northerly right-of-way line of West 32nd - -- Avenue; thence -S 89°19'55"W along said northerly right-of-way line., a distance of 289.75 feet to the Point of Beginning, -- containing 176;778 square feet," or 4:0583 acres more or less. 2. "use No."ZOA-95-6: A public hearing will be-held on a proposed amendment to Wheat Ridge Code of-haws, Section 26, Zoning Code, Subsection-26-30(K) Overlay Zones, regarding - the addition of a new subsection (3) providing for Special Area_Restriction Districts {SAR). Copies of the-proposed _ -.. amendment are available for review from the Wheat Ridge Planning Division, 7500 West 29th Avenue, Wheat Ridge;- Colorado 80215, or by calling 235-2846. Sandra Wiggins, Secretary ATTEST: -- - Wanda Sang, City Clerk - „. To.-be Published: January 18, 19.96 Jefferson Sentinel-- _ _- ___ b:\d2196,phn The JEFFERSON SENTINELS 1224 Wadsworth Blvd Lakewood, CO 80215-5108 239-9890 01/19/96 THE CITY CLERKS OFFICE CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 INVOICE: LEGAL NOTICE PUBLICATION Our number: JW0216.'S18 Your identification: PUBLICATION DATES: 96/01/18 through 96/01/18 NUMBER OF LINES: 95 COPIES REQUESTED: 3 Printing: 39.90 Copies: 0.00 TOTAL DUE: 'b 39.90 Thank you .for advertising in the Jefifierson Sentinel Newspapers! The JEFFERSON SENTINELS 1224 Wadsworth Blvd Lakewood, CO 80215-5108 239-9890 THE CITY CLERKS OFFICE CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 ~, b P~~ 01/19/96 INVOICE: LEGAL NOTICE PUBLICATION Our number: JW0216.118 Your identification: PUBLICATION DATES: 96/01/18 through 96/01/18 NUMBER OF LINES: 95 COPIES REQUESTED: 3 Printing: 39.90 Copieaa 0.00 TOTAL DUE: f 39.90 Thank you for advertising in the Jefferson Sentinel Newspapers! ATTE9TE Wantla Sang CIN Cbrk°`~"'~°"','x ~Publiehetl: January t&-1 . i": ~ ~, ; Pbblinhetl In:1ThC :fafl MEMORANDUM of wHearP o o: Planning Commission U m+ rom: Glen Gidley, Director of Planning & Development e o Re: Case No.-ZOA-95-ti: Overlay Zones -Special Area Restriction Districts °coRPo Dated January 25, 1996 The accompanying Council Bill proposes to revise the Zoning Ordinance, Sec. .26-30(K) Overlay Zones by adding provisions for Special Area Restriction (SAR) overlay districts. This would be an additional tool that neighborhoods could use to impose more restrictive regulation in their own neighborhood than those regulations set forth by the genera[ zone district regulations. These would be OWNER INITIATED petitions directly to City Council, signed by a 2/3 majority of owners. The basis for this proposal comes from citizens who are not satisfied with the zoning regulations that apply within their neighborhood from the .standpoint that some of those regulations are too permissive, from their standpoint. The most recent example is the concern by one neighborhood regarding the parking of recreational vehicles in front yards. Rather than changing the rules for all neighborhoods by amending the Zoning Ordinance, that specific neighborhood could petition Council to approve and enforce more restrictive provisions for their neighborhood only. This tool could be used for other types of issues in other neighborhoods, or never be used again. It is similar to private covenants, however would be enforced by the City rather than privately as a civil matter. Our City Attorney has reviewed this proposal and the current wording includes his suggested revisions.. SUGGESTED MOTIONS: I move that Case No. ZOA-95-6 be forwarded to City Council with a recommendation of APPROVAUDENIAL. The reasons for this recommendation are: 1. z. 3. " GEGaIw PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-95-6: DATE: February 7, 1996 REQUEST: A public hearing will be held on a proposed amendment to Wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction Districts (SAR). 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-95-6: A public hearing will be held to reconsider a proposed amendment to Wheat Ridge Code of Laws, Section-26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction Districts (SAR). Copies of the- . proposed amendment are available for review from-the Wheat Ridge Planning Division, 7500-West 29th Avenue, Wheat Ridge,. Colorado 80215,_. or by calling 235-284~6~.~ SanZ3ra Wi in~~ ar~ gg ~3v`~t y ATTEST: - - Wanda Sang, City Clerk To be Published:- February 29, 1996 Jefferson Sentinel c:\wp60\pc\32196.phn -- MEMQRANDUM of w"E'+r ,~ Pi ti O To: Planning Commission ~/~~` U ~' From: Glen Gidley , Director of Planning & Development~/~/ c o Re: Staff Report -Case ZOA-95-6: Overlay Zones °~oRPo Date: March 14, 1996 This case was originally reviewed and approved, with modifications, at a public hearing before Planning Commission on February 1, 1996. The modifications have been made to the Council Bill attached. You have asked that this matter be reconsidered, hence it has been rescheduled for public hearing. GEGsIw CrORSiJCH KIR GIS L.L.C. ATTORNEYS AT LAW $UITE L I OO I4OI $EVE LATEEN TN STREET DENVER, COLORADO BO2O2 March 19, 1996 T EL EPHONE (303) 299-8900 Fax (303) 298-0'_'15 GERALD E. DAHL D[RECT D[A [.: 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: MAILING ADDRESS P.O. Box 17180 DENVER, COLORADO 80217-OIBO I've made some changes to this proposal and placed it in ordinance format. I know you will want to discuss it before taking it-to Council Note I have use__d the term "City-initiated rezoning" rather-than "mass rezoning." Yours truly, GORSUCH KIRGIS L.L.C. Gerald E. Dahl GED/pv Encs. GED\53027\125832.1 CITY OF WHEAT RIDG€ D ~2nn nr~ ~ ~?AR 2 0 1990 i L, ~ ~ L~ 1J-Ll °(-~?iVi~l"; ~~ DEYELOFMctdT 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 .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: 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) 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\5302'1\148902.1 _ __ -2- --- -- - additional evidence and testimony presented either approve, approve with modifications, reject the ordinance-. The City Council shall its. decision upon all evidence presented, with consideration of the criteria for review as forth under section 26-6(C)(3)(b). (3) Protest. and or ease due set 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 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. 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 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 1996 ATTEST: WANDA SANG, CITY CLERK DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: - Wheat Ridge Sentinel Effective Date: GED\53027\146902.1 -4- Planning Commission Minutes Page 2 March 21, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner CERVENY moved to approve the agenda for the meeting of March 21, 1996 as printed. Commissioner WILLIAMS seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINIITES Commissioner WILLIAMS moved to approve the minutes of the meeting of March 7, 1996 as printed. Commissioner CERVENY seconded the motion. Motion carried 3-0, with Commissioners RASPLICKA and OWENS abstaining. 6. PIIBLIC FORDM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one had signed the roster nor-came forward to speak at that time. 7. PIIBLIC HEARING - 1. Case No. ZOA-95-6: A public hearing will be held to reconsider a proposed amendment to Wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction _- Districts (SAR). Commissioner JOHNSON joined the meeting at 7:35 p.m. Mr. Gidley summarized the proposed amendment to the Zoning Code. He explained how the amendment, if passed, would allow neighborhoods to restrict certain undesirable elements. He noted that changes recommend by Planning Commission on February 1, 1996 had been incorporated. Commissioner CERVENY stated he understood how this. amendment could be useful in some instances, however, his concern was that individuals could lose property rights. His recommendation was that the amendment be limited to regulating aesthetically how the property is used without changing uses allowed. Mr. Gidley asked Commissioner CERVENY if he understood .correctly - that he did not want the proposed amendment used to eliminate a principally .permitted use. Commissioner CERVENY agreed that was his intent, since the procedure to rezone is ,already in place. Planning Commission Minutes March 21,,1996 Page 3 -- Commissioner WILLIAMS asked Mr. Gidley the number of homeowners l approximately in five acres? Mr. Gidley answered roughly 20. Commissioner WILLIAMS stated he felt that if 750 of the homeowners in an area agreed that something should or should not be permitted in their neighborhood, he felt they should have the right to decide whether it would be allowed. Commissioner JOHNSON asked if there were provisions in the proposed amendment for variance? Mr. Gidley stated that each petition that would come before Planning Commission would be unique and therefore each could require different procedures. Some might include a variance --- request, others might not. Commissioner WILLIAMS noted the increased number of residents owning campers, RVs, boats, etc. He asked if Jefferson County required such vehicles to be screened? Mr. Gidley answered not in the unincorporated area of the County.. Mr. Gidley reminded members of Commission that if they have concerns regarding the structure of the proposed ordinance, now was the time to make recommendations for change. He elaborated.. Commissioner OWENS asked if the proposed ordinance was a method to enforce variances? Mr. Gidley stated that the proposed amendment was an alternative to a stricter, City-wide recreational vehicle ordinance. If-, approved, it allows a neighborhood to place restriction(s) on itself. He elaborated. Commissioner WILLIAMS reiterated that it still would go through Planning Commission and City Council, so there would be many avenues of-recourse. Mr. Gidley added that there are no criteria for Planning Commission or City Council, therefore either Planning Commission or Council-could deny the request for any reason, or for no reason. - Commissioner RASPLICKA remembered that City Council had prohibited .the parking of recreational vehicles on the streets in Wheat Ridge several years ago except by permit fora limited \ period of-time. Planning Commission Minutes March 21, 1996 -~~ "Mr. Gidley stated he was referring to parking recreational ~ vehicles on private property. Page 4 Commissioner OWENS had concerns that there was no real way to put these issues to rest. That applicants could apply and reapply again and again. - Discussion followed. _ Commissioner WILLIAMS stated that because RVs are allowed to be parked on private property in the City, property owners store RVs for family members living in other cities where they are not allowed. Chairperson LANGDON was concerned that only two citizens had signed the roster to speak on this item. He had expected many more. Les Botham, 3380 Pierce Street, was sworn in. Mr. Botham was with the Wheat Ridge Livestock Association and was concerned that this proposed amendment restrict the keeping of large animals in Wheat Ridge. He added that Wheat Ridge is one of the last communities to allow large animals. Mr. Botham felt the proposed amendment was "overkill" as this appears to him to be a small problem, not a large one. He opposed the proposed amendment. Karin Heine, 4600 Miller Street, was sworn in. Ms. Heine opposed the proposed amendment because she felt it could take away freedom of choice and she compared the possible result of the proposed amendment to living in a covenant community, which she chose not to do. Commissioner CERVENY explained that in order for restrictions to be imposed, 3/4-of the residents involved would have to sign a petition in_favor of the restriction.. Discussion followed. Commissioner CERVENY asked Mr. Botham if he felt people in his neighborhood would restrict large animals? Mr. Botham stated that some people like animals, other do not. He .elaborated .. Commissioner CERVENY asked Mr. Gidley from a planning standpoint, what were his views regarding the proposed amendment. 1 Mr. Gidley answered that if passed, it was a tool, and if ~ / properly used, it could be effective. He added that it should ~l not be broadly used, both geographically and topically. Mr. Gidley stated that if recreation vehicle parking is the issue, Planning Commission Minutes March 21, 1996 Page 5 then-do something about recreational vehicle parking and abandon the proposed amendment. He explained further. Commissioner JOHNSON asked Mr. Gidley what the cost would be for staff time to administer this amendment? Mr. Gidley answered no, but at least two neighborhoods were expected to apply fairly soon to restrict recreational vehicle parking. Discussion followed. Commissioner CERVENY moved that Case No. ZOA-95-6, a proposed -- amendment to Wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction Districts (SAR) be Approved with the following amendments: 1. That principal permitted uses may not be modified by this amendment to the Wheat Ridge Code of Laws; and 2. That animals be exempt from-this amendment; and 3. That if applicant is denied, one year must pass prior to re- application... - j Commissioner \~ vote was 3-3, voting no. WILLIAMS seconded the motion. Motion failed, as the' with Commissioners Johnson, Langdon and Owens 2. 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. Mr. Gidley gave an overview. regarding the proposed amendment to the Wheat Ridge Zoning Code. Commissioner CERVENY stated it was his understanding that citizens, at the present time, have the right to initiate a zoning change. Mr. Gidley stated three parties presently could initiate a rezoning - the property owner; the City; and citizens through the initiative process.. He added that the City Attorney had informed him that the City would be in a more favorable position if specific provisions were in place. Commissioner CERVENY asked what changes would take place if a property (apartment. complex) was zoned R-3 and the proposed rezoning took place. PUBLIC HEARING SPEAKERS' LIST ~~~-~~ CASE NO: ZOA-95-6 DATE: March 21, 1996 REQUEST: A public hearing will be held to reconsider a proposed amendment to Wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction Districts (SAR). SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED L t ~o a'H, 3,3&'a PeYae ~S7<, -; '/i3S -S~ /, ~/ f CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: ZOA-95-6 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge A proposal to amend the wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(K) Overlay Zones, regarding the addition of a new subsection (3) providing for Special Area Restriction Districts (SAR). - WHEREAS, the City of Wheat Ridge Planning Division has submitted information to be considered with the above request, and said information is attached hereto ar_d 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 WILLIAMS, that Case No. ZOA-95-6, a proposal to amend the Wheat Ridge Code of Laws, Section 26, Zoning Code, Subsection 26-30(IC) Overlay Zones, regarding the addition of a new c_ubsection (3) providing for Special Area Restriction Districts (SAR) be APPROVED with the following amendments: 1. That principal permitted uses may not be modified by this amendment to the Wheat Riage Code of Laws; and 2. That animals be exempt from this amendment; and 3. That if applicant is denied, one year must pass prior_to re- application. VOTE: YES: Cerveny, Rasplicka and Williams N0: Johnson, Langdon and Owens I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was DENIED by a 3 - 3 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 Mar/ch, 1996:- ~' ( - eorge gao ,Cha erson Sandra Wiggins, 'S reta_*y WHEAT IDGE PLANNING OMMMSSION WHEAT RIDGE PLA NG COMMISSION b:\zoa956b.res _ PUELIC 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 COhIINENT RESOLUTIONS _ AGENDA ITEM TITLE: Council Bill No. on First Reading Amending Wheat Ridge Code of Laws Section 26-30, Zoning Code, regarding Overlay Zones SUMMARY/RECOMMENDATION: This amends the Zoning Code regarding Overlay Zones to allow neighborhoods to exercise. more local control. ATTACBMENTS: BUDGETED 1) Gidley memo ITEM ~ 0 2) Council Bill No. Yes No 3) PC min & reso 3/21/96 Fund Dept/Acct # Budgeted Amount $ _ Requested Expend.$ Requires Transfer/ Supp. Appropriation 0 Yes No SUGGESTED MOTION: I move that Council Bill 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 Bldg., and if approved on second reading take effect 15 days after-final publication. `~ N~ ,~,