Loading...
HomeMy WebLinkAboutZOA-05-02INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 15-2005 Ordinance No. 1352 Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for various land use applications; WHEREAS, the land use processes vary in the event of a denial recommendation by Planning Commission; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows: See. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within sixty (60) days after such submission. The date of submission shall be the date the city council + makes its decision to submit the matter to the planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within sixty (60) days shall be deemed a recommendation for approval without comment to the city council, and a resolution to that effect shall be issued by the planning commission. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within sixty (60) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the sixty (60) day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the sixty (60) day period based upon a finding that such extension would serve the best interests of the city. (e) The planning commission shall hold a public hearing on all land use cases as prescribed by Chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. (f) Amendments to the zoning and development regulations may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or approval. Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above. F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, or for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such change shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city 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 change shall be submitted to the city council no later than the hearing on the proposed rezoning. G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. H. Assessment of Comprehensive Plan. Planning Commission and City Council shall perform a yearly assessment of zoning decisions to consider modification of the Comprehensive Plan Future Land Use Map if zone changes are made which differ significantly from the designation on the map. If zone changes are denied when in conformance with the designation on the Future Land Use map, modifications to the map shall also be considered. Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk], adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26-111. All applications shall be reviewed by the department of community development for completeness and; if found to be complete, shall be transmitted to any other agency which might be affected. Any such agency may transmit comments and recommendations to the department of community development. The director of community development and/or the planning commission shall consider such agency comments and recommendations when establishing necessary conditions and limitations when acting upon applications. D. Review procedures: 1. Administrative review: The director of community development shall have the authority to review and approve, approve with modifications, or deny applications for planned building groups for no more than four (4) main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone districts. Applications for more than four (4) main structures or more than one (1) main structure in the R-1 series, R-2 series and A-1 zone districts, and appeals by the applicant of the director of community development's decision, shall be forwarded to the planning commission for review. In reviewing such applications, the director of community development shall consider the standards for approval set forth below and shall have the authority to establish necessary conditions and limitations to carry out the intent of this section. 2. Planning commission review: The planning commission shall review all applications for planned building groups which exceed administrative review authority or upon applicant appeal of an administrative decision. Such application shall be heard at public hearings, with notification by neighborhood meeting, newspaper, letter and posting set forth in section 26-109. The decision by the Planning Commission shall be considered final. Appeal from a decision of the Planning Commission shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures. 3. Standards for review: The director of community development and/or planning commission shall have the right to approve; establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations. In reviewing the planned building group application, the following shall be considered: a. Whether the proposed plan is consistent with the spirit and intent of the zoning code and of the comprehensive plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, planned building group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned building group plans which have been approved by the planning commission may have minor administrative adjustments or changes approved by the director of community development, provided that such adjustments or changes will not cause any of the following to occur: 1. A change in the character of the development; 2. An increase in the intensity of use; 3. A reduction in the originally approved separations or distances between buildings; 4. Any change which would create problems for circulation, safety or with utilities; 5. An increase of the external effects on adjacent property; 6. A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; 7. An increase in total floor area or of the ground covered by structures; 8. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; or 9. An increase in approved residential densities. Any amendments to recorded planned building group plans, whether amended administratively or by action of the planning commission, shall be recorded with the Jefferson County Clerk and Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a planned building group. G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a planned building group plan, all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by the planning commission at the time of subdivision approval. In addition, any land or facilities used in common, such as, but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall be the responsibility of the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. H. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. Planning commission review. 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 recommendations on the facts presented in the public . hearing as applied to the criteria for review as specified in subsection D., hereof. Planning commission may recommend conditions or stipulations, which may include use limitations or operational stipulations such as reservation of utility easements or access easements. F. City council review. City council shall review and decide upon all requests for right-of-way vacations, upon recommendation of planning commission for approval, approval with conditions or denial, Vacations shall be approved by passage of an ordinance, following the city's standard ordinance adoption procedures, or by final plat approval in which case a separate ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection C., hereof. City council in addition to consideration of the planning commission record shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection D., hereof. A three-fourths (super-majority) vote of City Council is required to vacate right-of-way. G. Recordation. All approved vacation ordinances or plats with street vacations shall be recorded with the Jefferson County Clerk and Recorder by the city within sixty (60) days of the effective date of such ordinance or plat approval. H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by C.R.S. § 43- 23-01, et seq. Section 5. Section 26-106. Review process chart. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: lanned Bldg. Group X H § 26-116 l 1 If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.17 3 If four or more buildings are proposed, then Planning Commission review is required. 4 A pre-application may not be required based on the complexity of the project. Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required see section 26- 226. Section 6. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 7. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. . Section 9. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 in this 12th day of September 2005, 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 September 26 , 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291n Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 26th day of September 1 2005. SIGNED by the Mayor on this 27th CERVENY, MA' AITEST: 2 ela Y. erson, City Clerk 2005. APPROVED AS TO FORM BY CITY ATTORNEY 1 i GERAL DAHL, CITY ATTORNEY lsrpublication: September 15, 2005 2 nd publication: September 29, 2005 Wheat Ridge Transcript Effective Date: October 14, 2005 CITY COUNCIL MINUTES: SEPTEMBER 26, 2005 Page -2- Item 1. CONSENTAGENDA A. RESOLUTION 46-2005 -APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND PRIDEMARK PARAMEDIC SERVICES. B. RIGHT OF WAY ACQUISITION FOR WEST 42ND AVENUE. Consent Agenda was introduced and read by Mrs. Adams. Mr. Gokey asked to pull Item 1. A. Motion by Mrs. Adams for approval of Item 1. B.; seconded by Mr. Stites and Mrs. Sang; carried 8-0. Motion by Mr. Gokey to approve Resolution 46-2005; seconded by Mrs. Adams; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. PUBLIC HEARING ON THE PROPOSED 2006 BUDGET. The item was introduced by Mrs. Rotola. City Clerk Pam Anderson read the executive summary. Deputy City Manager Patrick Goff made the staff report and PowerPoint presentation. The PowerPoint presentation is available for review on the City's web-site at wv/w.ci.wheatridge.co.us There were no citizens present to speak. Item 3. COUNCIL BILL 15-2005-AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS. Mayor Cerveny opened the public hearing. Council Bill 15-2005 was introduced on second reading by Mrs. Sang; City Clerk Pam Anderson assigned Ordinance No. 1352 and read the executive summary. Meredith Reckert, Senior Planner, presented the staff report. No public comment was made. Mayor Cerveny closed the public hearing. CITY COUNCIL MINUI'ES: SEPTEMBER 26, 2005 Page -3- Motion by Mrs. Sang to approve Council Bill 15-2005 (Ordinance No. 1352) on second reading and that it take effect 15 days after final publication; seconded by Mr. DiTullio; carried 8-0. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 17-2005 -AN ORDINANCE AMENDING CHAPTER 19 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE WHEAT RIDGE POLICE PENSION FUND. Council Bill 17-2005 was introduced on first reading by Mrs. Sang Motion by Mrs. Sang to approve Council Bill 17-2005 on first reading, order it published, public hearing set for Monday, October 10, 2005 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. DECISIONS. RESOLUTIONS AND MOTIONS Item 5. RESOLUTION 47-2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE CONCURRING WITH THE PHASING AND FUNDING OF THE 1-70132ND AVENUE INTERCHANGE SYSTEM LEVEL FEASIBILITY STUDY. Resolution 47-2005 was introduced by Mr. Stites. Mrs. Anderson read the executive summary. Motion by Mr. Stites to approve Resolution 47-2005; seconded by Mrs. Adams and Mrs. Sang; carried 8-0. CITY MANAGER'S MATTERS Mr. Young gave an update on the Cabela's project. The Transportation Commission will consider the system level feasibility alternatives, and then the environmental assessment process will continue over the next twelve to eighteen months. Mr. Young further stated that this feasibility study as well as other information can be found on the Cabela's website at www.cabwheatridge.com; There is also a link from the City's website to the Cabela site with accompanying maps. ELECTED OFFICIALS' MATTERS Motion by Mrs. Sang to bring in an amendment to the International Building Code to change the 90% efficiency furnace requirement to 80%; seconded by Mr. DiTullio. Motion to amend by Ms. Berry to bring the issue to a future study session; seconded by Mr. Schulz; carried 7-1 with Mr. Stites voting no. Original motion as amended carried 7-1, with Mrs. Adams voting no W N C~ O O O ~ N ~ o ~ ~ o rA 44 c~ 0 0 N N r.: 0 v u ~ O i 0 ~ O O 4mo O c~ ~ 0 0 0 PLO cn .t ct c~ c~ C~ tz~ k~:i ~ O N ct p o ~ M ~ 4~ O 4 0 .4.~ ct ct rm a~ U O ~ ~o c c Ct 41:~ r-6 U . O OU 4-4 U c~ • r-+ U U 'ct N ~ clt ct ~--ct U~ t ~i ct N ct 0 N o v O O a~ . ~ uo CC3 ~ U ~ ~ 4J N ~ O ~.o o~ C~ U ct c w~ U ~ cn o 0 c > ct sa~ v O ct 4-4 Ct . r--, N O ~ ~ N ~ O ~~w~ V 00 W .O V CCU V r~ h N ct ct O ct O ~ U ct cn 4-4 U U U N O 4~ 0 0 O O O N O y ct ct C40) rz~ b.A cc/t) 't U : ct ~ O .O cc3 O C~ y N U 4~ bA O O ~ O ~ • b~.Q . r, U U U O ~ ~ U U ~ O ct U ct 4-4 O bA ct b~A ,s, U N C U N c U U , U O U U N • 9 ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 26, 2005 TITLE: COUNCIL BILL NO. 15-2005: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLE IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: Sept. 12, 2005) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No A dk- A Community Development Director EXECUTIVE SUMMARY: City Manager Chapters 2 and 26 of the Wheat Ridge Code of Laws prescribe land use case processing procedures, the Planning Commission's role in various processes and the required appeal process for a denial recommendation. However, Planning Commission's role and the appeal requirements vary between land use processes. Pursuant to the zoning and development code, a formal appeal of a Planning Commission denial recommendation is required for zone changes, right-of-way vacations, and minor subdivisions without right-of-way dedications. Land use applications automatically forwarded to City Council upon a denial recommendation by Planning Commission include major subdivisions and minor subdivisions with right-of-way dedications. Staff recommended changes would provide consistency between processes. Staff is recommending that Planning Commission be the final authority for non-administrative planned building group reviews. Appeals would be made to district court. This change requires modification to Section 26-106 (Review process chart). Typographical errors in the footnotes of the chart were corrected. Another component of this ordinance amends Chapter 2 by removing land use process procedures and deferring to Chapter 26 for these processes. The special use permit process was modified in 2003 and was not reflected in this section. The proposed ordinance assists in achieving the Council's goal of being prepared for growth by providing more consistent case processing procedures. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed this case at public hearings held on July 7 and August 4, 2005. Staff's original recommendations addressed only zone changes. Planning Commission requested that Staff examine all land use processes. At the August 4 meeting, a recommendation of approval was made for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. 4. Various land use application processes have been modified and are not reflected in 2-60 of the Code of Laws. There was no testimony from the audience given at either of these meetings regarding this code amendment. STATEMENT OF THE ISSUES: Staff is trying to streamline the City's land use case processes. Requiring a formal appeal to be filed upon Planning Commission denial is just one more burden on the applicant. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. ALTERNATIVES CONSIDERED: Do not modify the regulations. FINANCIAL IMPACT: There is no financial impact to the City if these code changes are approved. RECOMMENDED MOTION: 2 "I move to approve Council Bill No. 15-2005, Case No. ZOA-05-02, an ordinance amending Chapter 2 and Chapter 26 pertaining to Planning Commission's roles in various land use case processes and appeals of certain Planning Commission decisions, on second reading and that it take effect 15 days after final publication." OR "I move to table indefinitely Council Bill No. 15-2005, Case No. ZOA-05-02, an ordinance amending Chapter 2 and Chapter 26 pertaining to Planning Commission's roles in various land use case processes and appeals of certain Planning Commission decisions." Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White Attachments: 1. Planning Commission memo dated June 29, 2005 2. Planning Commission memo dated July 29, 2005 3. Council Bill No. 15-2005 cc: Request for City Council Action-report form 3 City of Wheat Ridge F of "HEgr~o Community Development Department m Memorandum ~~~~Rp~~ TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: ZOA-05-02/Private Rezoning appeals DATE: June 29, 2005 Attached is a proposed zoning code amendment initiated by staff relating to Planning Commission review of private zone changes. Pursuant to Section 26-112 (Private rezoning), if a zone change application is given a denial recommendation by Planning Commission, the decision stands. The case is not forwarded to City Council public hearing unless a formal appeal is filed with the City Clerk's office within ten working days. The following is a synopsis of Planning Commission review of the various land use approval processes and the prescribed process if a denial recommendation is made. The application fees paid by our applicants for all land use applications include the publication and noticing cost for City Council public hearing. Planned Building Group review: No appeal filing required. Consolidation plats with site plans: No appeal filing required. Right of way vacations: Appeal filing required. City-initiated rezoning: No appeal filing required. Private rezoning: Appeal filing required. Minor subdivisions without right-of-way dedication: Appeal filing required. Minor subdivision with right-of-way dedications: No appeal filing required. Major subdivision with or without dedications: No appeal filing required. SUGGESTED MOTION: "I move that Case No. ZOA-05-02, a proposed amendment to Section 26-112 (Private rezoning) of the Wheat Ridge Code of Laws regarding private rezonings, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. ATTACHMENT 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings." City of Wheat Ridge ~pf WHEgTR Community Development Department m Memorandum Cp~oRA~O TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: ZOA-05-02/Planning Commission's roles in land use cases DATE: July 29, 2005 At the July 7, 2005 meeting, Planning Commission directed staff to create an ordinance which addresses other of the appeal situations for a denial recommendation by Planning Commission. Staff was also directed to evaluate needed changes to Section 2-60 so there is consistency between the two code sections. The July 7 meeting minutes are attached under Agenda Item 5 of this packet. Attached is a revised ordinance which includes changes to both code sections (Exhibit 1, ordinance). Attached also is a modified copy of the land use process chart (Exhibit 2, chart). The following changes are being recommended for Section 2-60 (Section 1 of the proposed ordinance). • Sections a) through c) were modified to extend the review period for Planning Commission from thirty days to sixty days. • Section d) was modified by the removal of the portion regarding evaluation of the Comprehensive Plan relative to zone change decisions. This provision has been added to the zone change process as new Section H of the zone change process. (See page 4 of the ordinance). • Section e) was removed entirely. • Section f) (new section e) was modified to refer back to the land use case processes defined in Chapter 26. The appeal requirement for Planning Commission for denial recommendations on zone changes was removed. • Sections g) through n) were removed. Many of the described processes conflict or have been eliminated by previous code changes to processes in Chapter 26. Staff feels it is more appropriate to address Planning Commission's roles in the specific land use process sections of Chapter 26. • Section o) (new section f) was simplified by deletion of the period for zoning code amendments. The following is a synopsis of Planning Commission review of the various land use approval processes and the prescribed process if a denial recommendation is made. Included in italics are ATTACHMENT staff's recommended changes which have been incorporated into Sections 2 through 4 of the proposed ordinance (Exhibit 1). Private rezoning: Appeal filing required. Modified so that zone changes that are denied by Planning Commission are forwarded to City Council with no formal appeal required. Planned Building Group review: No appeal filing required. Modified so that Planning Commission is the sole authority for non-administrative PBG's or appeals from the administrative process. Any appeals of Planning Commission's decision go to district court. Right of way vacations- Appeal filing required. Modified so that R-O-W vacations that are denied by Planning Commission are forwarded to City Council with no formal appeal required. Consolidation plats with site plans: No appeal filing required. No changes proposed. City-initiated rezoning: No appeal filing required. No changes proposed. Minor subdivisions without right-of-way dedication: Appeal filing required. No changes proposed. Minor subdivision with right-of-way dedications: No appeal filing required. No changes proposed. Major subdivision with or without dedications: No appeal filing required. No changes proposed. The following specific changes are proposed to the processes for zone changes, planned building group approvals and right-of-way vacation processes as detailed in Exhibit 1. New language is shown in bold typeface. Deletions are designated with strike hs. Private rezonings (Section 2 of proposed ordinance): • Sections E.and F.: Formal appeal provision removed. • Section H.: New section removed from 2-60. regarding yearly review of zoning actions in relation to the Comprehensive Plan designation. Planned Building Group Plans (Section 3 of proposed ordinance): • Sections C, D.2, D.3., F and G: Removed references to City Council review. • Section D.2.: Modified to indicate that Planning Commission review for non-administrative PBG's or appeals from the administrative approval is final. Appeals would be to district court. Right-of-way vacations (Section 4 of the proposed ordinance) • Sections E and F.: Formal appeal provision removed. • Section F.: Added a provision that right-of-way vacations require a three-fourths vote of City Council for approval. • Section G.: Modified the provision that mylars for subdivision plats which vacate right-of- way must be submitted within 60 days of consistency with other sections of the zoning code. 2 Land Use Process Chart There are no resulting changes to the land use process chart due to the proposed ordinance. However, there is a mistake which is being corrected relative to the review body for non- administrative PBG's. The appropriate review body will be Planning Commission (per staff's recommended changes), not Urban Renewal Authority as designated in footnote 3. Another typo in the footnotes will also be corrected. SUGGESTED MOTION: "I move that Case No. ZOA-05-02, proposed amendments to Section 2 and Section 26 of the Wheat Ridge Code of Laws regarding Planning Commission roles in various land use cases and appeals, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. 4. Various land use application processes have been modified and are not reflected in Section 2-60. of the Code of Laws." 3 INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for various land use applications; WHEREAS, the land use processes vary in the event of a denial recommendation by Planning Commission; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within thirty (30) sixty (60) days after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the EXHIBIT 1 planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within thirty (30) sixty (60)days shall be deemed a recommendation for approval without comment to the city council, and a ^e`tifieate resolution to that effect shall be issued by the planning commission. opted-. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within "Fty (3P) sixty (60) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the thirty sixty (60) day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the thirty sixty (60) day period based upon a finding that such extension would serve the best interests of the city. if the planning eammippie« Makes " for ______.,l of ° ehange to s zoning Elist fiet ...1.:..h di ff b'F' 1J from h eompFehensive plan, the planning eommission shall also Enake a rveEnninendation for ai+iendfnen . u.. vu... b »b.. , r-_-___j »t,1..., . loll eommunieate its reasons to the aPPMPriate even-ale h disapproval by «ded vote of a majority of its entire m mbership (e) The planning commission shall hold a public hearing on all bland use cases as prescribed by Chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city negative lanning oommission may h appealed to the a:t a oil council. A deeision of the planning the wr-iaeii of the .1...r1:eant within to (10) da-ys of h .1.1..:sion h., F:,:.... s 1,11 request .h- upon appeal with the ok-y 1 k for nel.sion an rrla.lement e the agenda -rd_ _it__ ____eil or eityea '1 J by motion Y r 1 :t11pon a „»'1:1 agenda Fe« hearing and deeision. When -a is denied, amendment of the eemprehensive plan shaU be oonsidered. D hl' hearings for a yel..pment plans for planned development zoning h 11 h d using a the same Y«.. e& as for a«.. al of subdivision plats (h) Preliminin-y subdivision plats shall be_heard approved h h 1 th h h,' h nb with not:F:eation based oh e .1ts eF the 4.11"1:..: s:..« fe9U`hqHM+s' 2 en fiiial subdivisioii plats, the planning eom.-nissien shall hearing D hl' hearings shall h a d F ll wino preeederes ot4lined - the subdivision regulations. 0) D bl' hearings shall h held far spesieA use L fOllOWiHg the F h _ of the zening T_h N1.... - - sheAl make a e f:eeeffffnenda+ien to r the eit~, '1 and the final et:e nh all h id. h..`__the t. eei fellewiiig the r« heard and YY ,7 h h 1 at hl' kearing. D b.l' hearings shall l- J r na e eendueted F ll a r dderes d.ntl:nedl in the subdivision Fegalations. /1\ Minef subdivision lats with 1' hl' - shall 1. k ~ Y r by the 7 publie hearing and shall h he Fe.-ward]ed] with the:« -to planning -dl b J eouneil f F'a4 appreN,al. Publie hearings shall b ' F ll - preeedur-es eudined iii the subdivision regulations. (m) Wherein h r1 a eanunissien has dlenie appeal that desisien te ek-y eetffieil in aeeerdaRee with paragraph (f) of this seetion. Whereiii planning ese-mum"-sion has approved sueh a fniiier subdivision, aggrieved adjaeent property ewneFs J appeal that deeision to J C 1 F h t 1 bufferifig - 1'- in f F use Y 1 'f '1 a 1 ents shall be dleeidledl by the plnnn:..o e J a (e) (f) Amendments to the subdivision zoning and development regulations smell may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or approval. withifl thii4y (30) days of mfeffal of a pFepesed amendment by the eity eouneil. The date ef Fefeffal shall be the date on whieh the oeuneil makes its deeision te refer the proposed afflendffie+4 t planning Failure to make a shall h deemed e endlation f 1 of h a regulation without eeRffnent R F 1 of «h epo d7 ndff nt baek to the arty eatmeil fe neeessafy The '1 extend the th;f«t. based day period f' - - l~ astien. Hiay J sush - 1d] h best igterests-ekhe-eit-), seFYe Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above. 4 for denial shall be eensidered final, unless the applioan' files an appeal E) . ten (10) working days of th OR deeiSiEffl. Y a F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval-,-of upon-appeal or for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such change shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city 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 change shall be submitted to the city council no later than the hearing on the proposed rezoning. G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. H. Assessment of Comprehensive Plan. Planning Commission and City Council shall perform a yearly assessment of zoning decisions to consider modification of the Comprehensive Plan Future Land Use Map if zone changes are made which differ significantly from the designation on the map. If zone changes are denied when in conformance with the designation on the Future Land Use map, modifications to the map shall also be considered. Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk], adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26- 111. All applications shall be reviewed by the department of community development for 4- completeness and, if found to be complete, shall be transmitted to any other agency which might be affected. Any such agency may transmit comments and recommendations to the department of community development. The director of community development and/or the planning commission e°aVer-eil shall consider such agency comments and recommendations when establishing necessary conditions and limitations when acting upon applications. D. Review procedures: 1. Administrative review: The director of community development shall have the authority to review and approve, approve with modifications, or deny applications for planned building groups for no more than four (4) main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone districts. Applications for more than four (4) main structures or more than one (1) main structure in the R-1 series, R-2 series and A-1 zone districts, and appeals by the applicant of the director of community development's decision, shall be referred forwarded to the planning commission for review. In reviewing such applications, the director of community development shall consider the standards for approval set forth below and shall have the authority to establish necessary conditions and limitations to carry out the intent of this section. 2. Planning commission review: The planning commission shall review and make act?c~c to _?t° eetfaeil on all applications for planned building groups which exceed administrative review authority or upon applicant appeal of an administrative decision. Such application shall be heard at public hearings, with notification by neighborhood meeting, newspaper, letter and posting set forth in section 26-109. Any applioation for a planned building a by planning eenuiiissien may be appealed - -Ay -euneil at a publie hen heai4ngs shall f it nefifieation and hearing p Aaee du n net rarth nbeye for- Planning . ion hearing. The decision by the Planning Commission shall be considered final. Appeal from a decision of the e Planning Commission shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures. 3. Standards for review: The director of community development and/or planning commission anElee n'l shall have the right to approve, establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations. In reviewing the planned building group application, the following shall be considered: a. Whether the proposed plan is consistent with the spirit and intent of the zoning code and of the comprehensive plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, planned building group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned building group plans which have been approved by the planning commission and city eetmei-l may have minor administrative adjustments or changes approved by the director of community development, provided that such adjustments or changes will not cause any of the following to occur: 1. A change in the character of the development; 2. An increase in the intensity of use; 3. A reduction in the originally approved separations or distances between buildings; 4. Any change which would create problems for circulation, safety or with utilities; 5. An increase of the external effects on adjacent property; 6. A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; 7. An increase in total floor area or of the ground covered by structures; 8. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; or 9. An increase in approved residential densities. Any amendments to recorded planned building group plans, whether amended administratively or by action of the planning commission veil, shall be recorded with the Jefferson County Clerk and Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a planned building group. G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a planned building group plan, all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by the plate planning commission and/or ity-eau neil at the time of subdivision approval. In addition, any land or facilities used in common, such as, but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall be the responsibility of the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. H. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: 6 E. Planning commission review. 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 recommendations on the facts presented in the public hearing as applied to the criteria for review as specified in subsection D., hereof. Planning commission may recommend conditions or stipulations, which may include use limitations or operational stipulations such as reservation of utility easements or access easements. A Feeenuuend4ien of denial by the p! shall be eansidered final, unless the eity or the applioant files an appeal te oit-y eet~164, with the Gity eleEk within ten (10) wefking da~'Saf F. City council review. City council shall review and decide upon all requests for right-of-way vacations, upon recommendation of planning commission for approval, approval with conditions or denial, or upon appeal of a ` endation for denial by plane'eeffffffissiom Vacations shall be approved by passage of an ordinance, following the city's standard ordinance adoption procedures, or by final plat approval in which case a separate ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection C., hereof. City council in addition to consideration of the planning commission record shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection D., hereof. A three-fourths (super-majority) vote of City Council is required to vacate right- of-way. G. Recordation. All approved vacation ordinances or plats with street vacations shall be recorded with the Jefferson County Clerk and Recorder by the city within thil4y 30) sixty (60) days of the effective date of such ordinance or plat approval. H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by C.R.S. § 43-23-01, et seq. Section 5. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 6. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 7. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 8. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2005, 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 , 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12005. SIGNED by the Mayor on this day of 12005 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2°d publication: Wheat Ridge Transcript Effective Date: Sec. 26-106. Review process chart. Pre-Application Final Approval Requested Staff Neighborhood Staff PC CC BOA URPC Notes Site Plan x § 26-111 Major Subdivision H H URA §26-404.C Minor Subdivision (w/dedications) H H URA 26-404.6 Minor Subdivision (w/o dedications) H URA ppeal to CC § 26-404.13 Minor Plat Correction, Amendment, Revision § 26-409 Lot Line Adjustment § 26-410 Consolidation Plat (w/dedication) H H URA 1 § 26-404.D Consolidation Plat (w/o dedication) X URA 26-117 Planned Development: Outline Development Plan (ODP) H H URA ART III Planned Development: Final Development Plan (FDP) H H URA ART III Planned Development: Outline Development Plan Amendment H H URA ART III Planned Development: Final Development Plan Amendment H H URA ART III Rezoning, Private H H URA § 26-112 EXHIBIT 2 Rezoning, City H H URA § 26-113 Special Use H URA 26-114 Appeal to CC Variance--Administrative ppeal to BOA § 26-115.C Variance--Non-administrative H URA 26-115.C Temporary Permit H § 26-115.1) Interpretation Appeal to BOA § 26-1151 Historic Designation H URA ART IX Planned Bldg. Group X H § 26.116 Floodplain Permit--Class I 26-806 Floodplain Permit--Class II X H 26-806 Right-of-way Vacation H H URA §26-118 1 If five or fewer parcels, minor subdivision process applies. It more than trve parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112Y 3 If four or more buildings are proposed, then Ufban Renewal uthefi'° Planning Commission review is required. 4 A pre-application may not be required based on the complexity of the project. Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative review URPC: Urban Renweal Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required see section 26-226. 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 15-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for various land use applications; WHEREAS, the land use processes vary in the event of a denial recommendation by Planning Commission; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows: See. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within sixty (60) days after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the ATTACHMENT 3 planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within sixty (60) days shall be deemed a recommendation for approval without comment to the city council, and a resolution to that effect shall be issued by the planning commission. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within sixty (60) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the sixty (60) day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the sixty (60) day period based upon a finding that such extension would serve the best interests of the city. (e) The planning commission shall hold a public hearing on all land use cases as prescribed by Chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. (f) Amendments to the zoning and development regulations may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or approval. Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above. F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, or for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such change shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city 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 change shall be submitted to the city council no later than the hearing on the proposed rezoning. G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. H. Assessment of Comprehensive Plan. Planning Commission and City Council shall perform a yearly assessment of zoning decisions to consider modification of the Comprehensive Plan Future Land Use Map if zone changes are made which differ significantly from the designation on the map. If zone changes are denied when in conformance with the designation on the Future Land Use map, modifications to the map shall also be considered. Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk], adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26- 111. All applications shall be reviewed by the department of community development for completeness and, if found to be complete, shall be transmitted to any other agency which might be affected. Any such agency may transmit comments and recommendations to the department of community development. The director of community development and/or the planning commission shall consider such agency comments and recommendations when establishing necessary conditions and limitations when acting upon applications. D. Review procedures: 1. Administrative review: The director of community development shall have the authority to review and approve, approve with modifications, or deny applications for planned building groups for no more than four (4) main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone districts. Applications for more than four (4) main structures or more than one (1) main structure in the R-1 series, R-2 series and A-1 zone districts, and appeals by the applicant of the director of community development's decision, shall be forwarded to the planning commission for review. In reviewing such applications, the director of community development shall consider the standards for approval set forth below and shall have the authority to establish necessary conditions and limitations to carry out the intent of this section. 2. Planning commission review: The planning commission shall review all applications for planned building groups which exceed administrative review authority or upon applicant appeal of an administrative decision. Such application shall be heard at public hearings, with notification by neighborhood meeting, newspaper, letter and posting set forth in section 26-109. The decision by the Planning Commission shall be considered final. Appeal from a decision of the Planning Commission shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures. 3. Standards for review: The director of community development and/or planning commission shall have the right to approve, establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations. In reviewing the planned building group application, the following shall be considered: a. Whether the proposed plan is consistent with the spirit and intent of the zoning code and of the comprehensive plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, planned building group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned building group plans which have been approved by the planning commission may have minor administrative adjustments or changes approved by the director of community development, provided that such adjustments or changes will not cause any of the following to occur: 1. A change in the character of the development; 2. An increase in the intensity of use; 3. A reduction in the originally approved separations or distances between buildings; 4. Any change which would create problems for circulation, safety or with utilities; 5. An increase of the external effects on adjacent property; 6. A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; 7. An increase in total floor area or of the ground covered by structures; 8. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; or 9. An increase in approved residential densities. Any amendments to recorded planned building group plans, whether amended administratively or by action of the planning commission, shall be recorded with the Jefferson County Clerk and Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or 4 partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a planned building group. G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a planned building group plan, all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by the planning commission at the time of subdivision approval. In addition, any land or facilities used in common, such as, but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall be the responsibility of the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. H. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. Planning commission review. 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 recommendations on the facts presented in the public hearing as applied to the criteria for review as specified in subsection D., hereof. Planning commission may recommend conditions or stipulations, which may include use limitations or operational stipulations such as reservation of utility easements or access easements. F. City council review. City council shall review and decide upon all requests for right-of-way vacations, upon recommendation of planning commission for approval, approval with conditions or denial, Vacations shall be approved by passage of an ordinance, following the city's standard ordinance adoption procedures, or by final plat approval in which case a separate ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection C., hereof. City council in addition to consideration of the planning commission record shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection D., hereof. A three-fourths (super-majority) vote of City Council is required to vacate right-of-way. G. Recordation. All approved vacation ordinances or plats with street vacations shall be recorded with the Jefferson County Clerk and Recorder by the city within sixty (60) days of the effective date of such ordinance or plat approval. H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by C.R.S. § 43-23-01, et seq. Section 5. Section 26-106. Review process chart. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: Planned Bldg. Group X H § 26.116 1 If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.F 3 If four or more buildings are proposed, then Planning Commission review is required. 4 A pre-application may not be required based on the complexity of the project. Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required see section 26-226. Section 6. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 7. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 9. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2005, 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 , 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29a' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2005. SIGNED by the Mayor on this day of 2005. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: ITEM NO: of WHEAT Pm REQUEST FOR CITY COUNCIL ACTION LORAO COUNCIL MEETING DATE: September 12, 2005 TITLE: COUNCIL BILL NO. 15-2005: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLE IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ A Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Chapters 2 and 26 of the Wheat Ridge Code of Laws prescribe land use case processing procedures, the Planning Commission's role in various processes and the required appeal process for a denial recommendation. However, Planning Commission's role and the appeal requirements vary between land use processes. Pursuant to the zoning and development code, a formal appeal of a Planning Commission denial recommendation is required for zone changes, right-of-way vacations, and minor subdivisions without right-of-way dedications. Land use applications automatically forwarded to City Council upon a denial recommendation by Planning Commission include major subdivisions and minor subdivisions with right-of-way dedications. Staff recommended changes would provide consistency between processes. Staff is recommending that Planning Commission be the final authority for non-administrative planned building group reviews. Appeals would be made to district court. This change requires modification to Section 26-106 (Review process chart). Typographical errors in the footnotes of the chart were corrected. Another component of this ordinance amends Chapter 2 by removing land use process procedures and deferring to Chapter 26 for these processes. The special use permit process was modified in 2003 and was not reflected in this section. The proposed ordinance assists in achieving the Council's goal of being prepared for growth by providing more consistent case processing procedures. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed this case at public hearings held on July 7 and August 4, 2005. Staff's original recommendations addressed only zone changes. Planning Commission requested that Staff examine all land use processes. At the August 4 meeting, a recommendation of approval was made for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. 4. Various land use application processes have been modified and are not reflected in 2-60 of the Code of Laws. There was no testimony from the audience given at either of these meetings regarding this code amendment. STATEMENT OF THE ISSUES: Staff is trying to streamline the City's land use case processes. Requiring a formal appeal to be filed upon Planning Commission denial is just one more burden on the applicant. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. ALTERNATIVES CONSIDERED: Do not modify the regulations. FINANCIAL IMPACT: There is no financial impact to the City if these code changes are approved. RECOMMENDED MOTION: " I move to approve on first reading Council Bill No. 15-2005, Case No. ZOA-05-02, an ordinance amending Chapter 2 and Chapter 26 pertaining to Planning Commission's roles in various land use case processes and appeals of certain Planning Commission decisions, ordered published, public hearing set for September 26, 2005." OR "I move to table indefinitely Council Bill No. 15-2005, Case No. ZOA-05-02, an ordinance amending Chapter 2 and Chapter 26 pertaining to Planning Commission's roles in various land use case processes and appeals of certain Planning Commission decisions for the following reasons: 2. I" Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White Attachments: 1. Planning Commission memo dated June 29, 2005 2. Planning Commission memo dated July 29, 2005 3. Council Bill No. 11-2005 cc Request for City Council Action-report rem 7. PUBLIC HEARING A. Case No. ZOA-05-02 (continued from July 7.2005): An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to land use case processes and appeals. This case was presented by Meredith Reckert. At the July 7, 2005 meeting, staff was directed to create an ordinance to address other appeal situations for denial recommendations made by Planning Commission. Changes were also made to Section 2-60 to provide consistency between the two code sections. Commissioner WESLEY reported on his survey of other jurisdictions in regard to their appeal procedures. He stated that those jurisdictions surveyed had basically the same procedures as the City of Wheat Ridge. Commissioner BRINKMAN stated that she understood the reasons, but expressed concern that planned building groups are treated differently in the appeal process. It was moved by Commissioner PLUMMER and seconded by Commissioner CHILVERS that Case No. ZOA-05-02; proposed amendments to Section 2 and Section 26 of the Wheat Ridge Code of Laws regarding Planning Commission roles in various land use cases and appeals, be forwarded to City Council with a recommendation of approval for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. 4. Various land use application processes have been modified and are not reflected in 2-60 of the Code of Laws. The motion passed 5-1 with Commissioner WESLEY voting no and Commissioners IIL~~~_ SCEZNEY and STEWART absent. 8. OLD BUSINESS In reply to a question from Commissioner WESLEY, Alan White stated that the traffic study is not being done and he will inquire again about the traffic signal study on 32nd Avenue at the entrance to Lutheran Hospital facilities. Alan White reported that an application is in process for the old Jolly Rancher property; and the owners of the Olinger Mortuary site at 29 and Wadsworth are proposing a rezone application to provide for commercial and office use. Alan White gave a brief update on the proposed Cabela's development. August 4, 2005 City of Wheat Ridge ~oF "HEgT~ Community Development Department m Memorandum OR TO: Planning Commission FROM: e 1 Meredith Reckert, Senior Planner SUBJECT: ZOA-05-02/Planning Commission's roles in land use cases DATE: Jya6 29, 2005 At the July 7, 2005 meeting, Planning Commission directed staff to create an ordinance which addresses other of the appeal situations for a denial recommendation by Planning Commission. Staff was also directed to evaluate needed changes to Section 2-60 so there is consistency between the two code sections. The July 7 meeting minutes are attached under Agenda Item 5 of this packet. Attached is a revised ordinance which includes changes to both code sections (Exhibit 1, ordinance). Attached also is a modified copy of the land use process chart (Exhibit 2, chart). The following changes are being recommended for Section 2-60 (Section 1 of the proposed ordinance). • Sections a) through c) were modified to extend the review period for Planning Commission from thirty days to sixty days. • Section d) was modified by the removal of the portion regarding evaluation of the Comprehensive Plan relative to zone change decisions. This provision has been added to the zone change process as new Section H of the zone change process. (See page 4 of the ordinance). • Section e) was removed entirely. • Section f) (new section e) was modified to refer back to the land use case processes defined in Chapter 26. The appeal requirement for Planning Commission for denial recommendations on zone changes was removed. • Sections g) through n) were removed. Many of the described processes conflict or have been eliminated by previous code changes to processes in Chapter 26. Staff feels it is more appropriate to address Planning Commission's roles in the specific land use process sections of Chapter 26. • Section o) (new section f) was simplified by deletion of the period for zoning code amendments. The following is a synopsis of Planning Commission review of the various land use approval processes and the prescribed process if a denial recommendation is made. Included in italics are staff's recommended changes which have been incorporated into Sections 2 through 4 of the proposed ordinance (Exhibit 1). Private rezoning: Appeal filing required. Modified so that zone changes that are denied by Planning Commission are forwarded to City Council with no formal appeal required. Planned Building Group review: No appeal filing required. Modified so that Planning Commission is the sole authority for non-administrative PBG's or appeals from the administrative process. Any appeals of Planning Commission's decision go to district court. Right of way vacations: Appeal filing required. Modified so that R-O-W vacations that are denied by Planning Commission are forwarded to City Council with no formal appeal required. Consolidation plats with site plans: No appeal filing required. No changes proposed. City-initiated rezoning: No appeal filing required. No changes proposed. Minor subdivisions without right-of-way dedication: Appeal filing required. No changes proposed. Minor subdivision with right-of-way dedications: No appeal filing required. No changes proposed. Major subdivision with or without dedications: No appeal filing required. No changes proposed. The following specific changes are proposed to the processes for zone changes, planned building group approvals and right-of-way vacation processes as detailed in Exhibit 1. New language is shown in bold typeface. Deletions are designated with s'fiks. Private rezonings (Section 2 of proposed ordinance): • Sections E.and F.: Formal appeal provision removed. • Section H.: New section removed from 2-60. regarding yearly review of zoning actions in relation to the Comprehensive Plan designation. Planned Building Group Plans (Section 3 of proposed ordinance): • Sections C, D.2, D.3., F and G: Removed references to City Council review. • Section D.2.: Modified to indicate that Planning Commission review for non-administrative PBG's or appeals from the administrative approval is final. Appeals would be to district court. Right-of-way vacations (Section 4 of the proposed ordinance) • Sections E and F.: Formal appeal provision removed. • Section F.: Added a provision that right-of-way vacations require a three-fourths vote of City Council for approval. • Section G.: Modified the provision that mylars for subdivision plats which vacate right-of- way must be submitted within 60 days of consistency with other sections of the zoning code. 2 Land Use Process Chart There are no resulting changes to the land use process chart due to the proposed ordinance. However, there is a mistake which is being corrected relative to the review body for non- administrative PBG's. The appropriate review body will be Planning Commission (per staff's recommended changes), not Urban Renewal Authority as designated in footnote 3. Another typo in the footnotes will also be corrected. SUGGESTED MOTION: "I move that Case No. ZOA-05-02, proposed amendments to Section 2 and Section 26 of the Wheat Ridge Code of Laws regarding Planning Commission roles in various land use cases and appeals, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. 4. Various land use application processes have been modified and are not reflected in Section 20-6. of the Code of Laws." INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for various land use applications; WHEREAS, the land use processes vary in the event of a denial recommendation by Planning Commission; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within, days after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the EXHIBIT 1 planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within ixty6days shall be deemed a recommendation for approval without comment to the city council, and a re olution to that effect shall be issued by the planning commission. wfl- (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within six; days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the sixty (60j day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the sazty (60) day period based upon a finding that such extension would serve the best interests of the city r~ , a-r eatngasesRl use cases The planning commission shall hold a public hearing on all upsescribe~ 4y GhpYe6 The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. = - = # Amendments to the st~d.zon~ag ande~emerit regulations shalnay be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or approval-!aYfA Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval for for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such change shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city 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 change shall be submitted to the city council no later than the hearing on the proposed rezoning. G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk], adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26- 111. All applications shall be reviewed by the department of community development for 4 Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: completeness and, if found to be complete, shall be transmitted to any other agency which might be affected. Any such agency may transmit comments and recommendations to the department of community development. The director of community development addIoT the planning commission shall consider such agency comments and recommendations when establishing necessary conditions and limitations when acting upon applications. D. Review procedures: 1. Administrative review: The director of community development shall have the authority to review and approve, approve with modifications, or deny applications for planned building groups for no more than four (4) main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone districts. Applications for more than four (4) main structures or more than one (1) main structure in the R-1 series, R-2 series and A-1 zone districts, and appeals by the applicant of the director of community development's decision, shall be forAM~ed to the planning commission for review. In reviewing such applications, the director of community development shall consider the standards for approval set forth below and shall have the authority to establish necessary conditions and limitations to carry out the intent of this section. 2. Planning commission review: The planning commission shall reviewe all applications for planned building groups which exceed administrative review authority or upon applicant appeal of an administrative decision. Such application shall be heard at public hearings, with notification by neighborhood meeting newsoauer. letter and vostinR set forth in section 26 109, LL a _ shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures. 3. Standards for review: The director of community development andlo% planning commission aadey Fete shall have the right to approve, establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations. In reviewing the planned building group application, the following shall be considered: a. Whether the proposed plan is consistent with the spirit and intent of the zoning code and of the comprehensive plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, planned building group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned building group plans which have been approved by the planning commission q-Eat may have minor administrative adjustments or changes approved by the director of community development, provided that such adjustments or changes will not cause any of the following to occur: 1. A change in the character of the development; 2. An increase in the intensity of use; 3. A reduction in the originally approved separations or distances between buildings; 4. Any change which would create problems for circulation, safety or with utilities; 5. An increase of the external effects on adjacent property; 6. A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; 7. An increase in total floor area or of the ground covered by structures; 8. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; or 9. An increase in approved residential densities. Any amendments to recorded planned building group plans, whether amended administratively or by action of the planning commission e=48uac 4, shall be recorded with the Jefferson County Clerk and Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a planned building group. G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a planned building group plan, all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than WON ~ commission at the normally required if approved by the time of subdivision approval. In addition, any land or facilities used in common, such as, but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall be the responsibility of the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. H. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: 6 E. Planning commission review. 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 recommendations on the facts presented in the public hearing as applied to the criteria for review as specified in subsection D., hereof. Planning commission may recommend conditions or stipulations, which may include use limitations or operational stipulations such as reservation of utility easements or access easements. F. City council review. City council shall review and decide upon all requests for vacations, upon recommendation of planning commission for approval agproyaLt~ Vacations shall be approved by passage of an ordinance, following the city's standard ordinance adoption procedures, or by final plat approval in which case a separate ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection C., hereof. City council in addition to consideration of the planning commission record shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection D hereof. A three fourthsmajorr} vooCtg,Coune~lsx nired foaete right= G. Recordation. All approved vacation ordinances or plats with street vacations shall be 30}=srgt~ 4 recorded with the Jefferson County Clerk and Recorder by the city within days of the effective date of such ordinance or plat approval s7gs sa}Quys H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by C.R.S. § 43-23-01, et seq. Section 5. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 6. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 7. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 8. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2005, 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 , 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2005. SIGNED by the Mayor on this day of 2005. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: 8 Sec. 26-106. Review process chart. Pre-Application Final Approval Requested [taff Neighborhood Staff PC [CC BOA URPC Notes Site Plan § 26-111 Major Subdivision H H URA 26-404.C Minor Subdivision (w/dedications) H H URA §26-404.13 Minor Subdivision (w/o dedications) H URA Appeal to CC § 26-404.13 Minor Plat Correction, Amendment, Revision 26-409 Lot Line Adjustment § 26-410 Consolidation Plat (wldedication) H H URA 1 § 26-404.D Consolidation Plat (w/o dedication) X URA 117 26- Planned Development: Outline Development Plan (ODP) H H URA ART III Planned Development: Final Development Plan (FDP) H H URA ART III Planned Development: Outline Development Plan Amendment H H URA ART III Planned Development: Final Development Plan Amendment H H URA ART III Rezoning, Private H H URA § 26-112 EXHIBIT 2 Rezoning, City H H URA § 26-113 Special Use H URA § 26-114 Appeal to CC - ariance--Administrative ppeal to BOA § 26-115.C Variance-Non-administrative H URA 26-115.C Temporary Permit H § 26-115.1) Interpretation Appeal to BOA § 26-1155 Historic Designation H URA ART IX Planned Bldg. Group X § 26-116 Floodplain Permit--Class I 26-806 Floodplain Permit--Class II X H § 26-806 Right-of-way Vacation H H URA § 26-118 1 If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.1 _ 3 If four or more buildings are proposed, then ll~ o P Fri C--_o_nimYSSn review is required. 4 A pre-application may not be required based on the complexity of the project. Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative-review - URPC: Urban =Rel1 Plan compliance required: If "A" is noted, administrative -review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required see section 26-226. City of Wheat Ridge of WHEgr Community Development Department ° v m Memorandum c~I ORA~~ TO: ,'Ian, Travis, Jeff FROM: 'Meredith SUBJECT: Case No. ZOA-05-02 DATE: July 27, 2005 Attached is a copy of the proposed ordinance which modifies the process for Planning Commission's denial recommendation in several of our land use processes. The ordinance includes modifications to both Chapter 2-60 (Planning Commission) and the prescribed development processes in Chapter 26. As discussed last week, we concluded the following: Planned Building Group review: No appeal filing required. Modified so that Planning Commission is the sole authority for non-administrative PBG's or appeals from the administrative process. Any appeals of their decision go to district court. Consolidation plats with site plans: No appeal filing required. No changes proposed. Right of way vacations: Appeal filing required. Modified so that R-O-W vacations are forwarded to City Council with no formal appeal required. City-initiated rezoning: No appeal filing required. No changes proposed. Private rezoning: Appeal filing required. Modified so that R-O-W vacations are forwarded to City Council with no formal appeal required. Minor subdivisions without right-of-way dedication: Appeal filing required. No changes proposed. Minor subdivision with right-of-way dedications: No appeal filing required. No changes proposed. Major subdivision with or without dedications: No appeal filing required. No changes proposed. Attached also is the land use process chart which needed no changes except for PBG approval going to Urban Renewal? Should be Planning Commission. INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING COMMISSION'S ROLE IN VARIOUS LAND USE PROCESSES WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for various land use applications; WHEREAS, the land use processes vary in the event of a denial recommendation by Planning Commission; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include; but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council withindays after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within Qtrrt7-= - 9} s~xty:(60)days shall be deemed a recommendation for approval without comment to the city council, and aa~ resoluhon r to that effect shall be issued by the planning commission. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within q~ s~ days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the sixty ( day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the sixty (60 day period based upon a finding that such extension would serve the best interests of the city. ' ( (e) The planning commission shall hold a public hearing on all mse cases ares~ced~y%kr~pter 26` The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. (a j Amendments to the s~tt tjjtr 'aelopme t regulations may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or aonroval- Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above ^e a '~~z 3 F. City council review. City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approvals agpe T ox for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in section 26-109 hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such change shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined, above is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city 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 change shall be submitted to the city council no later than the hearing on the proposed rezoning. G. Recordation. All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. Section 3. Sec. 26-116. Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: C. Application procedures. All applications for planned building groups shall be filed with the department of community development by the owner of the entire land area to be included and shall be accompanied by the fee set forth in Appendix A [on file in the office of the city clerk], adequate proof of ownership, a certified survey of the parcel, and a site plan under section 26- 111. All applications shall be reviewed by the department of community development for 4 completeness and, if found to be complete, shall be transmitted to any other agency which might be affected. Any such agency may transmit comments and recommendations to the department of community development. The director of community development and the planning commission shall consider such agency comments and recommendations when establishing necessary conditions and limitations when acting upon applications. D. Review procedures: 1. Administrative review: The director of community development shall have the authority to review and approve, approve with modifications, or deny applications for planned building groups for no more than four (4) main structures on a single lot or parcel, except in the R-1 series, R-2 series and A-1 zone districts. Applications for more than four (4) main structures or more than one (1) main structure in the R-1 series, R-2 series and A-1 zone districts, and appeals by the applicant of the director of community development's decision, shall be orwardea to the planning commission for review. In reviewing such applications, the director of community development shall consider the standards for approval set forth below and shall have the authority to establish necessary conditions and limitations to carry out the intent of this section. 2. Planning commission review: The planning commission shall review 4 all applications for planned building groups which exceed administrative review authority or upon applicant appeal of an administrative decision. Such application shall be heard at public hearings, with notification by neighborhood meeting, letter and posting set forth in section 26- shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures. 3. Standards for review: The director of community development 4:- planning commission aaeie shall have the right to approve, establish necessary conditions and limitations in approving, or deny an application for a planned building group; provided, that the following standards shall be applied in such approval, denial or in establishing such conditions and limitations. In reviewing the planned building group application, the following shall be considered: a. Whether the proposed plan is consistent with the spirit and intent of the zoning code and of the comprehensive plan and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood and that the plan has been prepared to achieve the benefit of improved design; F. Amendment or withdrawal of recorded planned building groups. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved and recorded, planned building group plans may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plans can be made to comply with all conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned building group plans which have been approved by the planning commission ikE may have minor administrative adjustments or changes approved by the director of community development, provided that such adjustments or changes will not cause any of the following to occur: 1. A change in the character of the development; 2. An increase in the intensity of use; 3. A reduction in the originally approved separations or distances between buildings; 4. Any change which would create problems for circulation, safety or with utilities; 5. An increase of the external effects on adjacent property; 6. A reduction in the originally approved setbacks from property lines which would violate the minimum setback requirements of the underlying zone; 7. An increase in total floor area or of the ground covered by structures; 8. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; or 9. An increase in approved residential densities. Any amendments to recorded planned building group plans, whether amended administratively or by action of the planning commission-.- -._,__,,-hall be recorded with the Jefferson County Clerk and Recorder in the same manner as the originally approved and recorded plan. Any withdrawal or partial withdrawal of an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a planned building group. G. Subdivision of land subject to planned building group plan. Where it is desired to subdivide a parcel of land, exclusive of condominium subdivision, which is either currently subject to, or is proposed to be subject to, the provisions of a planned building group plan, all requirements of the underlying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abutting adjacent separately owned property) may be less than normally required if approved by N-O"NIM9 commission at the time of subdivision approval. In addition, any land or facilities used in common, such as, but not limited to drainage facilities and areas, common parking areas, ingress/egress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such areas or facilities shall be the responsibility of the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. H. It is the intent of this section that subdivision review may be carried out simultaneously with the review of planned building group plans permitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5) or more lots) subdivisions, in addition to those of a planned building group plan, must be satisfied if there are any parcel divisions created, or if there are any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit separate sheet(s) in addition to the planned building group plan. Section 4. Section 26-118. Right-of-way vacations. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. Planning commission review. 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 recommendations on the facts presented in the public hearing as applied to the criteria for review as specified in subsection D., hereof. Planning commission may recommend conditions or stipulations, which may include use limitations or operational stipulations such as reservation of utility easements or access easements. A F. City council review. City council shall review and decide upon all requests for vacations, upon recommendation of planning commission for approval, atiDraval` Vacations shall be approved by passage of an ordinance, following the city's standard ordinance adoption procedures, or by final plat approval in which case a separate ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection C., hereof. City council in addition to consideration of the planning commission record shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection D., hereof. t1 the e £ourts (suer amt a vofe of ~ityouncal is re gh ~u►~ to^vacate rr t= of way. G. Recordation. All approved vacation ordinances or plats with street vacations shall be recorded with the Jefferson County Clerk and Recorder by the city within Osixty( days of the effective date of such ordinance or plat approval "-reh s H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property owners or the original grantor or its successors-in-interest as provided by C.R.S. § 43-23-01, et seq. Section 5. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 6. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 7. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 8. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2005, 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 , 2005, 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 2005. SIGNED by the Mayor on this day of 2005. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: Sec. 26-106. Review process chart. TABLE INSET: Pre-Application Final Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan X § 26-111 Major Subdivision H H URA §26-404.C Minor Subdivision (w/dedications) H H URA § 26-404.13 Minor Subdivision (w/o dedications) H URA Appeal to CC § 26-404.13 Minor Plat Correction, Amendment, Revision § 26-409 Lot Line Adjustment § 26-410 Consolidation Plat (w/dedication) H H URA 1 § 26-404.D Consolidation Plat (w/o dedication) X URA § 26-117 Planned Development: Outline Development Plan (ODP) H H URA ART III Planned Development: Final Development Plan (FDP) H H URA ART III Planned Development: Outline Development Plan Amendment H H URA ART III Planned Development: Final Development Plan Amendment H H URA ART III Rezoning, Private H H URA § 26-112 Rezoning, City H H URA § 26-113 Special Use H URA 26-114 Appeal to CC a6ance--Administrative Appeal to BOA § 26-115.C Variance-Non-administrative H URA 26-115.C Temporary Permit H 26-115.1) Interpretation Appeal to BOA § 26-115.E Historic Designation H URA ART IX Planned Bldg. Group X H § 26-116 Floodplain Permit--Class I § 26-806 Floodplain Permit--Class II X H § 26-806 Right-of-way Vacation H H URA 26-118 1 If five or fewer parcels, minor subdivision process applies. If more than five parcels, major subdivision process applies. 2 Right of protest applies: Section 26-112.17 3 If four or more buildings are proposed, then ~#_~_Neffw _00 fflw g omunssiori review is required. 4 A pre-application may not be required based on the complexity of the project. Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Public hearing required A: Administrative review URPC: Urban Avral Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required see section 26-226. 2 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1244, § 1, 2-11-02; Ord. No. 1251, § 1, 6- 10-02; Ord. No. 1291, § 2,5-27-03; Ord. No. 1316, § 2,1-12-04) Sec. 26-107. Expiration of development approval; reapplications. 3 Meredith Reckert From: Alan White Sent: Friday, July 08, 2005 3:22 PM To: Meredith Reckert Subject: Ordinance Mere, On July 7 the PC continued the ordinance deleting the appeal step for rezonings after a PC denial. They wanted to have an ordinance dealing with all the other processes involving appeals PBG, R- O-W vacations, and minor subs w/ dedications. This is not to say they want to drop all the appeals, but they want us to address them. Also (we forgot about this) we need to check Section 2-60 of the Code for any changes needed, and make any changes to the process chart. We need to discuss at a staff meeting. They continued to August 4th. Alan White Community Development Director 303-235-2844 Sec. 2-60. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within thil4y (30) sixty (60) days after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within thiity (30) sixty (60)days shall be deemed a recommendation for approval without comment to the city council, and eel4ifiea4 resolution to that effect shall be issued by the planning commission. iipen demand. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within thil4y (30) sixty (60) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the thirty sixty (60) day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the 44 y sixty (60) day period based upon a finding that such extension would serve the best interests of the city. if the planning eE) disa ro 1. the eemmission shall e val mm ni t it t pp , e e ea e s reasons e of its m such di sappf,.. al by a ded vote of a M fit.. i« mbe shi (e) The planning commission shall hold a public hearing on all bland use cases as prescribed by Chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. ^ negativedeeisio of t 2 (Code 1977, § 2-24) Cross references: Urban renewal, Ch. 25; zoning and development, Ch. 26. State law references: Planning commissions, C.R.S. § 31-23-201 et seq. e (e) (f) Amendments to the su' f zoning and development regulations shall may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment 7. PUBLIC HEARING A. Case No. ZOA-05-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to private rezoning. Alan White presented this case which would amend the Code in regard to Planning Commission's action on land use cases. The code as presently written provides that a zone change denial by the Planning Commission is final. The proposed amendment would provide that a zone change denial by Planning Commission would move on to City Council for final decision. Jerry Dahl further explained the proposed amendment. Commissioner WESLEY pointed out some discrepancies in his code book as compared with the code contained on the website. Alan White agreed that there was indeed an inconsistency in the language when the amendment was written and should be changed. These corrections should be set forth as conditions in the motion. It was moved by Commissioner WESLEY that Case No. ZOA-05-02, a proposed amendment to Section 26-112 (private rezoning) of the Wheat Ridge Code of Laws regarding private rezonings, be forwarded to City Council with a recommendation of approval for the following reasons: 1. Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings. With the following conditions: 1. Under Article III, Section 2-60, Planning Commission, Section F, the sentence beginning "A negative decision" and ending with "council agenda for hearing of decision" be stricken. 2. Under Section 26-116, Planned Building Groups, Section B-2, the sentence "Application for planned building group denied by Planning Commission may be appealed to the City Council at a public hearing" be stricken. 3. Appropriate references to appeal of hearings in right-of-way vacancies be stricken. 4. Appropriate references to appeal of decisions in minor subdivisions without right- of-way dedication be stricken. For clarification, Alan White asked if the intent was to have right-of-way vacations, planned building groups and minor subdivisions automatically heard by City Council or that Planning Commission decisions would be final in these cases. Discussion ensued regarding whether or not Planning Commission should make the final decision in the subject cases. Planning Commission Page 2 July 7, 2005 Commissioner WESLEY's motion died for lack of a second. Direction was given to city staff to prepare an enhanced report containing various choices available for decisions in the matters discussed to be considered at a later date. Commissioner WESLEY volunteered to research policies from neighboring jurisdictions. It was moved by Commissioner STEWART and seconded by Commissioner WESLEY to continue the hearing on Case No. ZOA-05-02 to the meeting of August 4, 2005. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS A. Case No. WZ-05-05 (Action Only): An application filed by Michael G. Pharo Associates for approval of a rezoning from Commercial-One and Agricultural-One to Planned Commercial Development and approval of an outline and final development plan for properties located at 4900 and 4990 Parfet Street. Jerry Dahl presented this case and explained that the failed motion for approval of this case on May 19, 2005 did not constitute a denial of the case making it necessary for the Commission to take final action at this time. He also advised that only members present at the May 191i hearing could participate in the vote at this hearing (Brinkman, Chilvers, McMillin, Plummer, Scezney and Spaniel) and that no additional testimony could be taken. It was moved by Commissioner BRINKMAN and seconded by Commissioner SPANIEL to recommend denial of Case No. WZ-05-05, a request for approval of a zone change from Agriculture-One and Commercial-One to Planned Commercial Development and for approval of an Outline Development Plan for properties located at 4900 and 4990 Parfet Street. With the following findings: 1. There are regional drainage issues affecting the property which are unresolved. 2. The applicant did not adequately address concerns expressed during the previous hearing on this case. Commissioner BRINKMAN stated that she voted against approval of the application at the last hearing because she felt there were too many conditions associated with approval and there were many concerns expressed during the hearing that were not adequately addressed by the applicant. Commissioner McMILLIN stated that he voted against approval at the last hearing because there wasn't adequate assurance that there would be adequate on-site parking for employees to prevent parking on Parfet Street. There was no assurance that on-site parking would not be used for inventory. Commissioner SPANIEL stated that she voted against approval for the same reasons given by Commissioners BRINKMAN and McMILLIN. Planning Commission Page 3 July 7, 2005 City of Wheat Ridge ~oF ""EgTP Community Development Department Memorandum ~O~pRpO~ TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: ZOA-05-02/Private Rezoning appeals DATE: June 29, 2005 Attached is a proposed zoning code amendment initiated by staff relating to Planning Commission review of private zone changes. Pursuant to Section 26-112 (Private rezoning), if a zone change application is given a denial recommendation by Planning Commission, the decision stands. The case is not forwarded to City Council public hearing unless a formal appeal is filed with the City Clerk's office within ten working days. The following is a synopsis of Planning Commission review of the various land use approval processes and the prescribed process if a denial recommendation is made. The application fees paid by our applicants for all land use applications include the publication and noticing cost for City Council public hearing. Planned Building Group review: No appeal filing required. Consolidation plats with site plans: No appeal filing required. Right of way vacations: Appeal filing required. City-initiated rezoning: No appeal filing required. Private rezoning: Appeal filing required. Minor subdivisions without right-of-way dedication: Appeal filing required. Minor subdivision with right-of-way dedications: No appeal filing required. Major subdivision with or without dedications: No appeal filing required. SUGGESTED MOTION: "I move that Case No. ZOA-05-02, a proposed amendment to Section 26-112 (Private rezoning) of the Wheat Ridge Code of Laws regarding private rezonings, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: Planning Commission is directed to give recommendations to City Council regarding land use case processing applications. 2. There are inconsistencies in the various land use application processes regarding appeals to City Council. 3. The applicants pay in advance for the cost of publication and noticing for City Council public hearings." INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2005 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PRIVATE REZONING WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulatory processes for zone changes; WHEREAS, the existing process requires submittal of an appeal if Planning Commission recommends denial of a zone change request; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows: E. 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 or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified above. ^ feeea nendation fer denial gvall he final, unless the appliemit files an appeal to eity eet+Reil with the eity elff4 wit ten (10),weAdng days of the planning eeRHnissiea deei4en-. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2005, 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 , 2005, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`s Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2005. SIGNED by the Mayor on this day of 12005. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication 2°d publication: Wheat Ridge Transcript Effective Date: 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on July 7, 2005, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29m Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments:. The following case shall be heard: Case No. ZOA-05-02: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to private rezoning. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: June 30, 2005 Case No.: OA0502 App: Last Name: itywide App: First Name: _ Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: r City/State/Zip: Owner Phone: Project Address: Street Name: _ j City/State, Zip: Quarter Section Map No.: Related Cases: Case History: mend code pertaining to private rezonings Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Case Disposition: Project Planner: hite _ File Location: ctive Notes: Follow-Up: PC. 7!7/05- _ Conditions of Approval: - District: Date Received: /27/2005_ Pre-App Date: F777777